[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5346 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5346

 To enhance homeland security in the ports and waterways of the United 
                    States, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 19, 2010

 Mr. Thompson of Mississippi introduced the following bill; which was 
referred to the Committee on Homeland Security, and in addition to the 
  Committee on Transportation and Infrastructure, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
 To enhance homeland security in the ports and waterways of the United 
                    States, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. AMERICA'S WATERWAY WATCH PROGRAM.

    (a) Short Title.--This section may be cited as the ``America's 
Waterway Watch Act''.
    (b) Sense of Congress.--It is the sense of Congress that the 
Secretary of Homeland Security should establish, within the Department 
of Homeland Security, citizen watch programs that promote voluntary 
reporting of suspected terrorist activity and suspicious behavior.
    (c) America's Waterway Watch Program.--
            (1) In general.--There is hereby established, within the 
        Coast Guard, the America's Waterway Watch Program (hereinafter 
        in this section referred to as the ``Program'').
            (2) Purpose.--The Secretary of Homeland Security, acting 
        through the Commandant of the Coast Guard, shall administer the 
        Program in a manner that promotes voluntary reporting of 
        activities that may indicate that a person or persons may be 
        preparing to engage or engaging in a violation of law relating 
        to a threat or an act of terrorism (as that term is defined in 
        section 3077 of title 18, United States Code) against a vessel, 
        facility, port, or waterway.
            (3) Information; training.--
                    (A) Information.--The Secretary, acting through the 
                Commandant, may establish, as an element of the 
                Program, a network of individuals and community-based 
                organizations that enhance the situational awareness 
                within the Nation's ports and waterways. Such network 
                shall, to the extent practicable, be conducted in 
                cooperation with Federal, State, and local law 
                enforcement agencies.
                    (B) Training.--The Secretary, acting through the 
                Commandant, may provide training in--
                            (i) observing and reporting on covered 
                        activities; and
                            (ii) sharing such reports and coordinating 
                        the response by Federal, State, and local law 
                        enforcement agencies.
            (4) Instructional materials.--
                    (A) In general.--The Secretary of Homeland 
                Security, acting through the Commandant of the Coast 
                Guard, may--
                            (i) develop instructional materials that--
                                    (I) provide information on inland 
                                waterways, ports and harbors, and 
                                coastal regions for a specific region, 
                                as well as specific vulnerabilities and 
                                threats common to a specific region; 
                                and
                                    (II) promote voluntary reporting of 
                                activities that may indicate that a 
                                person or persons may be preparing to 
                                engage or engaging in a violation of 
                                law relating to a threat or an act of 
                                terrorism (as that term is defined in 
                                section 3077 of title 18, United States 
                                Code) against a vessel, facility, port, 
                                or waterway; and
                            (ii) distribute such materials to States, 
                        political subdivisions of the States, or non-
                        governmental organization that provide 
                        instruction on boating or vessel operation in 
                        conjunction with any other instruction 
                        provided.
                    (B) Dissemination.--The Secretary, acting through 
                the Commandant--
                            (i) shall ensure that such materials are 
                        made available to any person or persons; and
                            (ii) is authorized to require, as a 
                        condition of receipt of funding or materials, 
                        pursuant to subparagraph (A), that the 
                        recipient of such funding or materials develops 
                        a program to reach the widest possible 
                        audience.
                    (C) Eligibility, federal assistance.--The receipt, 
                use, and dissemination of such materials shall not 
                diminish the eligibility of any State, political 
                subdivision of such State, or non-governmental 
                organization to receive Federal assistance or reduce 
                the amount of Federal assistance that such State, 
                political subdivision of such State, or non-
                governmental organization that otherwise receive.
            (5) Voluntary participation.--Participation in the 
        Program--
                    (A) shall be wholly voluntary;
                    (B) shall not be a prerequisite to eligibility for, 
                or receipt of, any other service or assistance from, or 
                to participation in, any other program of any kind; and
                    (C) shall not require disclosure of information 
                regarding the individual reporting covered activities 
                or, for proprietary purposes, the location of such 
                individual.
            (6) Definitions.--In this subsection:
                    (A) The term ``covered activity'' means any 
                suspicious transaction, activity, or occurrence that 
                involves, or is directed against, a vessel or facility 
                (as that term is defined in section 70101(2) of title 
                46, United States Code) indicating that an individual 
                or individuals may be preparing to engage, or engaging, 
                in a violation of law relating to--
                            (i) a threat to a vessel, facility, port, 
                        or waterway; or
                            (ii) an act of terrorism (as that term is 
                        defined in section 3077 of title 18, United 
                        States Code).
                    (B) The term ``facility'' has the same meaning such 
                term has in section 70101(2) of title 46, United States 
                Code.
            (7) Authorization of appropriations.--There is authorized 
        to be appropriated for the purposes of this section $3,000,000 
        for fiscal years 2010 through 2015. Such funds shall remain 
        available until expended.
    (d) Coordination.--The Secretary shall coordinate the Program with 
other like watch programs. The Secretary shall submit, concurrent with 
the President's budget submission for each fiscal year, a report on 
coordination of the Program and like watch programs within the 
Department of Homeland Security to the Committee on Homeland Security 
and Governmental Affairs of the Senate and the Committee on Homeland 
Security of the House of Representatives.

SEC. 2. TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL.

    (a) In General.--Not later than 120 days after completing the pilot 
program under section 70105(k)(1) of title 46, United States Code, to 
test TWIC access control technologies at port facilities and vessels 
nationwide, the Secretary of Homeland Security shall submit to the 
Committee on Homeland Security and the Committee on Transportation and 
Infrastructure of the House of Representatives, the Committee on 
Commerce, Science, and Transportation of the Senate, and the Committee 
on Homeland Security and Governmental Affairs of the Senate and to the 
Comptroller General a report containing an assessment of the results of 
the pilot. The report shall include--
            (1) the findings of the pilot program with respect to key 
        technical and operational aspects of implementing TWIC 
        technologies in the maritime sector;
            (2) a comprehensive listing of the extent to which 
        established metrics were achieved during the pilot program; and
            (3) an analysis of the viability of those technologies for 
        use in the maritime environment, including any challenges to 
        implementing those technologies and strategies for mitigating 
        identified challenges.
    (b) GAO Assessment.--The Comptroller General shall review the 
report and submit to the Committee on Homeland Security and the 
Committee on Transportation and Infrastructure of the House of 
Representatives, the Committee on Commerce, Science, and Transportation 
of the Senate, and the Committee on Homeland Security and Governmental 
Affairs of the Senate an assessment of the report's findings and 
recommendations.

SEC. 3. REVIEW OF INTERAGENCY OPERATIONAL CENTERS.

    (a) In General.--Within 180 days of enactment of this Act, the 
Department of Homeland Security Inspector General shall provide a 
report to the Committee on Homeland Security and the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committees on Homeland Security and Governmental Affairs and 
Commerce, Science, and Transportation of the Senate concerning the 
establishment of Interagency Operational Centers for Port Security 
required by section 108 of the SAFE Port Act (Public Law 109-347).
    (b) Report.--The report shall include--
            (1) an examination of the Department's efforts to establish 
        the Interagency Operational Centers;
            (2) a timeline for construction;
            (3) a detailed breakdown, by center, as to the 
        incorporation of those representatives required by section 
        70107A(b)(3) of title 46, United States Code;
            (4) an analysis of the hurdles faced by the Department in 
        developing these centers;
            (5) information on the number of security clearances 
        attained by State, local, and tribal officials participating in 
        the program; and
            (6) an examination of the relationship between the 
        Interagency Operational Centers and State, local, and regional 
        fusion centers participating in the Department of Homeland 
        Security's State, Local, and Regional Fusion Center Initiative 
        under section 511 of the Implementing the Recommendations of 
        the 9/11 Commission Act of 2007 (Public Law 110-53), with a 
        particular emphasis on--
                    (A) how the centers collaborate and coordinate 
                their efforts;
                    (B) the resources allocated by the Coast Guard to 
                both initiatives; and
                    (C) architecture for integrated interagency 
                targeting.

SEC. 4. MARITIME SECURITY RESPONSE TEAMS.

    (a) In General.--Section 70106 of title 46, United States Code, is 
amended by striking subsection (c) and inserting the following:
    ``(c) Maritime Security Response Teams.--
            ``(1) In general.--In addition to the maritime safety and 
        security teams, the Secretary shall establish no less than two 
        maritime security response teams to act as the Coast Guard's 
        rapidly deployable counterterrorism and law enforcement 
        response units that can apply advanced interdiction skills in 
        response to threats of maritime terrorism.
            ``(2) Minimization of response time.--The maritime security 
        response teams shall be stationed in such a way to minimize, to 
        the extent practicable, the response time to any reported 
        maritime terrorist threat.
    ``(d) Coordination With Other Agencies.--To the maximum extent 
feasible, each maritime safety and security team and maritime security 
response team shall coordinate its activities with other Federal, 
State, and local law enforcement and emergency response agencies.''.

SEC. 5. COAST GUARD DETECTION CANINE TEAM PROGRAM EXPANSION.

    (a) Definitions.--For purposes of this section:
            (1) Canine detection team.--The term ``detection canine 
        team'' means a canine and a canine handler that are trained to 
        detect narcotics or explosives, or other threats as defined by 
        the Secretary.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.
    (b) Detection Canine Teams.--
            (1) Increased capacity.--Not later than 240 days after the 
        date of enactment of this Act, the Secretary shall--
                    (A) begin to increase the number of detection 
                canine teams certified by the Coast Guard for the 
                purposes of maritime-related security by no fewer than 
                10 canine teams annually through fiscal year 2012; and
                    (B) encourage owners and operators of port 
                facilities, passenger cruise liners, oceangoing cargo 
                vessels, and other vessels identified by the Secretary 
                to strengthen security through the use of highly 
                trained detection canine teams.
            (2) Canine procurement.--The Secretary, acting through the 
        Commandant of the Coast Guard, shall--
                    (A) procure detection canine teams as efficiently 
                as possible, including, to the greatest extent 
                possible, through increased domestic breeding, while 
                meeting the performance needs and criteria established 
                by the Commandant;
                    (B) support expansion and upgrading of existing 
                canine training facilities operated by the Department 
                of Homeland Security; and
                    (C) as appropriate, partner with other Federal, 
                State, or local agencies, nonprofit organizations, 
                universities, or the private sector to increase the 
                breeding and training capacity for Coast Guard canine 
                detection teams.
    (c) Deployment.--The Secretary shall prioritize deployment of the 
additional canine teams to ports based on risk, consistent with the 
Security and Accountability For Every Port Act of 2006 (Public Law 109-
347).
    (d) Authorization.--There are authorized to be appropriated to the 
Secretary such sums as may be necessary to carry out this section for 
fiscal years 2010 through 2012.

SEC. 6. COAST GUARD PORT ASSISTANCE PROGRAM.

    (a) In General.--Section 70110 of title 46, United States Code, is 
amended by adding at the end the following:
    ``(f) Coast Guard Assistance Program.--
            ``(1) In general.--The Secretary may lend, lease, donate, 
        or otherwise provide equipment, and provide technical training 
        and support, to the owner or operator of a foreign port or 
        facility--
                    ``(A) to assist in bringing the port or facility 
                into compliance with applicable International Ship and 
                Port Facility Code standards;
                    ``(B) to assist the port or facility in meeting 
                standards established under section 70109A of this 
                chapter; and
                    ``(C) to assist the port or facility in exceeding 
                the standards described in subparagraphs (A) and (B).
            ``(2) Conditions.--The Secretary--
                    ``(A) shall provide such assistance based upon an 
                assessment of the risks to the security of the United 
                States and the inability of the owner or operator of 
                the port or facility otherwise to bring the port or 
                facility into compliance with those standards and to 
                maintain compliance with them;
                    ``(B) may not provide such assistance unless the 
                port or facility has been subjected to a comprehensive 
                port security assessment by the Coast Guard or a third 
                party entity certified by the Secretary under section 
                70110A(b) to validate foreign port or facility 
                compliance with International Ship and Port Facility 
                Code standards; and
                    ``(C) may only lend, lease, or otherwise provide 
                equipment that the Secretary has first determined is 
                not required by the Coast Guard for the performance of 
                its missions.''.
    (b) Safety and Security Assistance for Foreign Ports.--
            (1) In general.--Section 70110(e)(1) of title 46, United 
        States Code, is amended by striking the second sentence and 
        inserting the following: ``The Secretary shall establish a 
        strategic plan to utilize those assistance programs to assist 
        ports and facilities that are found by the Secretary under 
        subsection (a) not to maintain effective antiterrorism measures 
        in the implementation of port security antiterrorism 
        measures.''.
            (2) Conforming amendments.--
                    (A) Section 70110 of title 46, United States Code, 
                is amended--
                            (i) by inserting ``or facilities'' after 
                        ``ports'' in the section heading;
                            (ii) by inserting ``or facility'' after 
                        ``port'' each place it appears; and
                            (iii) by striking ``Ports'' in the heading 
                        for subsection (e) and inserting ``Ports, 
                        Facilities,''.
                    (B) The chapter analysis for chapter 701 of title 
                46, United States Code, is amended by striking the item 
                relating to section 70110 and inserting the following:

``70110. Actions and assistance for foreign ports or facilities and 
                            United States territories.''.

SEC. 7. MARITIME BIOMETRIC IDENTIFICATION.

    (a) In General.--Within one year after the date of the enactment of 
this Act, the Secretary of Homeland Security, acting through the 
Commandant of the Coast Guard, shall conduct, in the maritime 
environment, a program for the mobile biometric identification of 
suspected individuals, including terrorists, to enhance border security 
and for other purposes.
    (b) Requirements.--The Secretary shall ensure the program required 
in this section is coordinated with other biometric identification 
programs within the Department of Homeland Security.
    (c) Cost Analysis.--Within 90 days after the date of the enactment 
of this Act, the Secretary shall submit to the Committees on 
Appropriations and Homeland Security of the House of Representatives 
and the Committees on Appropriations and Homeland Security and 
Governmental Affairs of the Senate an analysis of the cost of expanding 
the Coast Guard's biometric identification capabilities for use by the 
Coast Guard's Deployable Operations Group, cutters, stations, and other 
deployable maritime teams considered appropriate by the Secretary, and 
any other appropriate Department of Homeland Security maritime vessels 
and units. The analysis may include a tiered plan for the deployment of 
this program that gives priority to vessels and units more likely to 
encounter individuals suspected of making illegal border crossings 
through the maritime environment.
    (d) Definition.--For the purposes of this section, the term 
``biometric identification'' means use of fingerprint and digital 
photography images and facial and iris scan technology.
    (e) Study on Combination of Facial and Iris Recognition.--
            (1) Study required.--The Secretary of Homeland Security 
        shall carry out a study on the use by the Coast Guard of the 
        combination of facial and iris recognition to rapidly identify 
        individuals for security purposes. Such study shall focus on--
                    (A) increased accuracy of facial recognition;
                    (B) enhancement of existing iris recognition 
                technology; and
                    (C) establishment of integrated face and iris 
                features for accurate identification of individuals.
            (2) Purpose of study.--The purpose of the study required by 
        paragraph (1) is to facilitate the use of a combination of 
        facial and iris recognition to provide a higher probability of 
        success in identification than either approach on its own and 
        to achieve transformational advances in the flexibility, 
        authenticity, and overall capability of integrated biometric 
        detectors and satisfy one of major issues with war against 
        terrorists. The operational goal of the study should be to 
        provide the capability to nonintrusively collect biometrics 
        (face image, iris) in an accurate and expeditious manner to 
        assist the Coast Guard in fulfilling its mission to protect and 
        support national security.

SEC. 8. REVIEW OF POTENTIAL THREATS.

    Not later than 1 year after the date of enactment of this Act, the 
Secretary of Homeland Security shall submit to the Committee on 
Homeland Security and the Committee on Transportation and 
Infrastructure of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate a report analyzing 
the threat, vulnerability, and consequence of a terrorist attack on 
gasoline and chemical cargo shipments in port activity areas in the 
United States.

SEC. 9. PORT SECURITY PILOT.

    The Secretary of Homeland Security shall establish a pilot program 
to test and deploy preventive radiological or nuclear detection 
equipment on Coast Guard vessels and other locations in select port 
regions to enhance border security and for other purposes. The pilot 
program shall leverage existing Federal grant funding to support this 
program and the procurement of additional equipment.

SEC. 10. SEASONAL WORKERS.

    (a) Study.--The Comptroller General of the United States shall 
conduct a study on the effects that the Transportation Worker 
Identification Credential (in this section referred to as ``TWIC'') 
required by section 70105 of title 46, United States Code, has on 
companies that employ seasonal employees.
    (b) Report.--Not later than one year after the date of enactment of 
this Act, the Comptroller General shall submit a report to the 
Committee on Homeland Security and the Committee on Transportation and 
Infrastructure of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate on the results of 
the study, including--
            (1) costs associated in requiring seasonal employees to 
        obtain TWIC cards on companies;
            (2) whether the Coast Guard and Transportation Security 
        Administration are processing TWIC applications quickly enough 
        for seasonal workers to obtain TWIC certification;
            (3) whether TWIC compliance costs or other factors have led 
        to a reduction in service;
            (4) the impact of TWIC on the recruiting and hiring of 
        seasonal and other temporary employees; and
            (5) an assessment of possible alternatives to TWIC 
        certification that may be used for seasonal employees including 
        any security vulnerabilities created by those alternatives.

SEC. 11. PILOT PROGRAM FOR FINGERPRINTING OF MARITIME WORKERS.

    (a) In General.--Within 180 days after the date of enactment of 
this Act, the Secretary of Homeland Security shall establish procedures 
providing for an individual who is required to be fingerprinted for 
purposes of obtaining a transportation security card under section 
70105 of title 46, United States Code, to be fingerprinted at any 
facility operated by or under contract with an agency of the Department 
of Homeland Security that fingerprints the public for the Department.
    (b) Expiration.--This section expires on December 31, 2012.

SEC. 12. TRANSPORTATION SECURITY CARDS ON VESSELS.

    Section 70105(b)(2) of title 46, United States Code, is amended--
            (1) in subparagraph (B), by inserting after ``title'' the 
        following: ``allowed unescorted access to a secure area 
        designated in a vessel security plan approved under section 
        70103 of this title''; and
            (2) in subparagraph (D), by inserting after ``tank vessel'' 
        the following: ``allowed unescorted access to a secure area 
        designated in a vessel security plan approved under section 
        70103 of this title''.

SEC. 13. INTERNATIONAL LABOR STUDY.

    The Comptroller General of the United States shall conduct a study 
of methods to conduct a background security investigation of an 
individual who possesses a biometric identification card that complies 
with International Labor Convention number 185 that are equivalent to 
the investigation conducted on individuals applying for a visa to enter 
the United States. The Comptroller General shall submit a report on the 
study within 180 days after the date of enactment of this Act to the 
Committee on Transportation and Infrastructure and the Committee on 
Homeland Security of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate.

SEC. 14. MARITIME SECURITY ADVISORY COMMITTEES.

    Section 70112 of title 46, United States Code, is amended--
            (1) by amending subsection (b)(5) to read as follows:
    ``(5)(A) The National Maritime Security Advisory Committee shall be 
composed of--
                    ``(i) at least 1 individual who represents the 
                interests of the port authorities;
                    ``(ii) at least 1 individual who represents the 
                interests of the facilities owners or operators;
                    ``(iii) at least 1 individual who represents the 
                interests of the terminal owners or operators;
                    ``(iv) at least 1 individual who represents the 
                interests of the vessel owners or operators;
                    ``(v) at least 1 individual who represents the 
                interests of the maritime labor organizations;
                    ``(vi) at least 1 individual who represents the 
                interests of the academic community;
                    ``(vii) at least 1 individual who represents the 
                interests of State or local governments; and
                    ``(viii) at least 1 individual who represents the 
                interests of the maritime industry.
    ``(B) Each Area Maritime Security Advisory Committee shall be 
composed of individuals who represents the interests of the port 
industry, terminal operators, port labor organizations, and other users 
of the port areas.''; and
            (2) in subsection (g)--
                    (A) in paragraph (1)(A), by striking ``2008;'' and 
                inserting ``2010;'';
                    (B) by repealing paragraph (2);
                    (C) by striking ``(1)''; and
                    (D) by redesignating subparagraphs (A) and (B) as 
                paragraphs (1) and (2).

SEC. 15. SEAMEN'S SHORESIDE ACCESS.

    Each facility security plan approved under section 70103(c) of 
title 46, United States Code, shall provide a system for seamen 
assigned to a vessel at that facility, pilots, and representatives of 
seamen's welfare and labor organizations to board and depart the vessel 
through the facility in a timely manner at no cost to the individual.

SEC. 16. WATERSIDE SECURITY OF CERTAIN DANGEROUS CARGO.

    (a) National Study.--
            (1) In general.--The Secretary of Homeland Security, acting 
        through the Commandant of the Coast Guard, shall--
                    (A) initiate a national study to identify measures 
                to improve the security of maritime transportation of 
                certain dangerous cargo; and
                    (B) coordinate with other Federal agencies, the 
                National Maritime Security Advisory Committee, and 
                appropriate State and local government officials 
                through the Area Maritime Security Committees and other 
                existing coordinating committees, to evaluate the 
                waterside security of vessels carrying, and waterfront 
                facilities handling, certain dangerous cargo.
            (2) Matters to be included.--The study conducted under this 
        subsection shall include--
                    (A) an analysis of existing risk assessment 
                information relating to waterside security generated by 
                the Coast Guard and Area Maritime Security Committees 
                as part of the Maritime Security Risk Assessment Model;
                    (B) a review and analysis of appropriate roles and 
                responsibilities of maritime stakeholders, including 
                Federal, State, and local law enforcement and industry 
                security personnel, responsible for waterside security 
                of vessels carrying, and waterfront facilities 
                handling, certain dangerous cargo, including--
                            (i) the number of ports in which State and 
                        local law enforcement entities are providing 
                        any services to enforce Coast Guard-imposed 
                        security zones around vessels transiting to, 
                        through, or from United States ports or to 
                        conduct security patrols in United States 
                        ports;
                            (ii) the number of formal agreements 
                        entered into between the Coast Guard and State 
                        and local law enforcement entities to engage 
                        State and local law enforcement entities in the 
                        enforcement of Coast Guard-imposed security 
                        zones around vessels transiting to, through, or 
                        from United States ports or the conduct of port 
                        security patrols in United States ports, the 
                        duration of those agreements, and the aid that 
                        State and local entities are engaged to provide 
                        through such agreements;
                            (iii) the extent to which the Coast Guard 
                        has set national standards for training, 
                        equipment, and resources to ensure that State 
                        and local law enforcement entities engaged in 
                        enforcing Coast Guard-imposed security zones 
                        around vessels transiting to, through, or from 
                        United States ports or in conducting port 
                        security patrols in United States ports (or 
                        both) can deter to the maximum extent 
                        practicable a transportation security incident;
                            (iv) the extent to which the Coast Guard 
                        has assessed the ability of State and local law 
                        enforcement entities to carry out the security 
                        assignments that they have been engaged to 
                        perform, including their ability to meet any 
                        national standards for training, equipment, and 
                        resources that have been established by the 
                        Coast Guard in order to ensure that those 
                        entities can deter to the maximum extent 
                        practicable a transportation security incident;
                            (v) the extent to which State and local law 
                        enforcement entities are able to meet national 
                        standards for training, equipment, and 
                        resources established by the Coast Guard to 
                        ensure that those entities can deter to the 
                        maximum extent practicable a transportation 
                        security incident;
                            (vi) the differences in law enforcement 
                        authority, and particularly boarding authority, 
                        between the Coast Guard and State and local law 
                        enforcement entities, and the impact that these 
                        differences have on the ability of State and 
                        local law enforcement entities to provide the 
                        same level of security that the Coast Guard 
                        provides during the enforcement of Coast Guard-
                        imposed security zones and the conduct of 
                        security patrols in United States ports; and
                            (vii) the extent of resource, training, and 
                        equipment differences between State and local 
                        law enforcement entities and the Coast Guard 
                        units engaged in enforcing Coast Guard-imposed 
                        security zones around vessels transiting to, 
                        through, or from United States ports or 
                        conducting security patrols in United States 
                        ports;
                    (C) recommendations for risk-based security 
                measures to improve waterside security of vessels 
                carrying, and waterfront facilities handling, certain 
                dangerous cargo; and
                    (D) identification of security funding 
                alternatives, including an analysis of the potential 
                for cost-sharing by the public and private sectors as 
                well as any challenges associated with such cost-
                sharing.
            (3) Information protection.--In carrying out the 
        coordination necessary to effectively complete the study, the 
        Commandant shall implement measures to ensure the protection of 
        any sensitive security information, proprietary information, or 
        classified information collected, reviewed, or shared during 
        collaborative engagement with maritime stakeholders and other 
        Government entities, except that nothing in this paragraph 
        shall constitute authority to withhold information from--
                    (A) the Congress; or
                    (B) first responders requiring such information for 
                the protection of life or property.
            (4) Report.--Not later than 12 months after the date of 
        enactment of this Act, the Secretary, acting through the 
        Commandant, shall submit to the Committees on Homeland Security 
        and Transportation and Infrastructure of the House of 
        Representatives and the Committees on Commerce, Science, and 
        Transportation and Homeland Security and Governmental Affairs 
        of the Senate a report on the results of the study under this 
        subsection.
    (b) National Strategy.--Not later than 6 months after submission of 
the report required by subsection (a), the Secretary, acting through 
the Commandant, shall develop, in conjunction with appropriate Federal 
agencies, a national strategy for the waterside security of vessels 
carrying, and waterfront facilities handling, certain dangerous cargo. 
The strategy shall utilize the results of the study required by 
subsection (a).
    (c) Security of Certain Dangerous Cargo.--
            (1) Enforcement of security zones.--Consistent with other 
        provisions of Federal law, the Coast Guard shall coordinate and 
        be responsible for the enforcement of any Federal security zone 
        established by the Coast Guard around a vessel containing 
        certain dangerous cargo. The Coast Guard shall allocate 
        available resources so as to deter and respond to a 
        transportation security incident, to the maximum extent 
        practicable, and to protect lives or protect property in 
        danger.
            (2) Limitation on reliance on state and local government.--
        Any security arrangement approved after the date of enactment 
        of this Act to assist in the enforcement of any security zone 
        established by the Coast Guard around a vessel carrying a 
        certain dangerous cargo or around a waterfront facility 
        handling a certain dangerous cargo may not be based upon the 
        provision of security by a State or local government unless the 
        Secretary, acting through the Commandant of the Coast Guard, 
        ensures that the waterborne patrols operated as part of that 
        security arrangement by a State or local government have the 
        training, resources, personnel, and experience necessary to 
        carry out the security responsibilities that they have been 
        engaged to perform in order, to the maximum extent practicable, 
        to deter and respond to a transportation security incident.
            (3) Determination required for new facilities.--The 
        Secretary of Homeland Security, acting through the Commandant 
        of the Coast Guard, may not approve a facility security plan 
        under section 70103 of title 46, United States Code, for a new 
        facility the construction of which is begun after the date of 
        enactment of this Act, that receives or ships through maritime 
        commerce certain dangerous cargo unless the Secretary 
        determines that there are sufficient resources available to 
        ensure compliance with the facility security plan.
            (4) Resource deficiency reporting.--The Secretary, acting 
        through the Commandant of the Coast Guard, shall provide to the 
        Committees on Homeland Security and Transportation and 
        Infrastructure of the House of Representatives and the 
        Committees on Commerce, Science, and Transportation and 
        Homeland Security and Governmental Affairs of the Senate 90 
        days after the end of each fiscal year a report indicating--
                    (A) the number of security zones established for 
                certain dangerous cargo shipments;
                    (B) the number of certain dangerous cargo shipments 
                provided a waterborne security escort, subdivided by 
                Federal, State, local, or private security; and
                    (C) an assessment as to any additional vessels, 
                personnel, infrastructure, and other resources 
                necessary to provide waterborne escorts to those 
                certain dangerous cargo shipments for which a security 
                zone is established.
    (d) Definitions.--For the purposes of this section, the follow 
definitions apply:
            (1) Certain dangerous cargo.--The term ``certain dangerous 
        cargo'' means a material, or a group or class of material, in a 
        particular amount and form that the Secretary, through the 
        Commandant, determines by regulation poses a significant risk 
        of creating a transportation security incident while being 
        transported in maritime commerce.
            (2) Area maritime security committee.--The term ``Area 
        Maritime Security Committee'' means each of those committees 
        responsible for producing Area Maritime Transportation Security 
        Plans under chapter 701 of title 46, United States Code.
            (3) Transportation security incident.--The term 
        ``transportation security incident'' has the same meaning as 
        that term has in section 70101 of title 46, United States Code.

SEC. 17. REVIEW OF LIQUEFIED NATURAL GAS FACILITIES.

    (a) Notice of Recommendation.--Consistent with other provisions of 
law, the Secretary of Homeland Security must notify the Federal Energy 
Regulatory Commission when a recommendation is made that the waterway 
to a proposed waterside liquefied natural gas facility is suitable or 
unsuitable for the marine traffic associated with such facility.
    (b) Federal Energy Regulatory Commission Response.--The Federal 
Energy Regulatory Commission shall respond to the Secretary's 
recommendation under subsection (a) by informing the Secretary within 
90 days of notification or at the conclusion of any available appeal 
process, whichever is later, of what action the Commission has taken, 
pursuant to its authorities under the Natural Gas Act, regarding a 
proposal to construct and operate a waterside liquefied natural gas 
facility subject to a determination made under subsection (a).

SEC. 18. USE OF SECONDARY AUTHENTICATION FOR TRANSPORTATION SECURITY 
              CARDS.

    The Secretary of Homeland Security may use a secondary 
authentication system for individuals applying for transportation 
security cards when fingerprints are not able to be taken or read to 
enhance transportation security.

SEC. 19. ASSESSMENT OF TRANSPORTATION SECURITY CARD ENROLLMENT SITES.

    (a) In General.--Not later than 30 days after the date of the 
enactment of this Act, the Secretary of Homeland Security shall prepare 
an assessment of the enrollment sites for transportation security cards 
issued under section 70105 of title 46, United States Code, including--
            (1) the feasibility of keeping those enrollment sites open 
        after the date of enactment of this Act; and
            (2) the quality of customer service, including the periods 
        of time individuals are kept on hold on the telephone, whether 
        appointments are kept, and processing times for applications.
    (b) Timelines and Benchmarks.--The Secretary shall develop 
timelines and benchmarks for implementing the findings of the 
assessment as the Secretary deems necessary.

SEC. 20. ASSESSMENT OF THE FEASIBILITY OF EFFORTS TO MITIGATE THE 
              THREAT OF SMALL BOAT ATTACK IN MAJOR PORTS.

    The Secretary of the department in which the Coast Guard is 
operating shall assess and report to Congress on the feasibility of 
efforts to mitigate the threat of small boat attack in security zones 
of major ports, including specifically the use of transponders or radio 
frequency identification devices to track small boats.

SEC. 21. REPORT AND RECOMMENDATION FOR UNIFORM SECURITY BACKGROUND 
              CHECKS.

    Not later than one year after the date of enactment of this Act, 
the Comptroller General shall submit to the Committee on Homeland 
Security of the House of Representatives a report that contains--
            (1) a review of background checks and forms of 
        identification required under State and local transportation 
        security programs;
            (2) a determination as to whether the background checks and 
        forms of identification required under such programs duplicate 
        or conflict with Federal programs; and
            (3) recommendations on limiting the number of background 
        checks and forms of identification required under such programs 
        to reduce or eliminate duplication with Federal programs.

SEC. 22. ANIMAL-PROPELLED VESSELS.

    Notwithstanding section 70105 of title 46, United States Code, the 
Secretary shall not require an individual to hold a transportation 
security card, or be accompanied by another individual who holds such a 
card if--
            (1) the individual has been issued a license, certificate 
        of registry, or merchant mariner's document under part E of 
        subtitle II of title 46, United States Code;
            (2) the individual is not allowed unescorted access to a 
        secure area designated in a vessel or facility security plan 
        approved by the Secretary; and
            (3) the individual is engaged in the operation of a live 
        animal-propelled vessel.

SEC. 23. REQUIREMENTS FOR ISSUANCE OF TRANSPORTATION SECURITY CARDS; 
              ACCESS PENDING ISSUANCE; REDUNDANT BACKGROUND CHECKS.

    Section 70105 of title 46, United States Code, is amended by adding 
at the end the following new subsections:
    ``(n) Escorting.--The Secretary shall coordinate with owners and 
operators subject to this section to allow any individual who has a 
pending application for a transportation security card under this 
section or is waiting for reissuance of such card, including any 
individual whose card has been lost or stolen, and who needs to perform 
work in a secure or restricted area to have access to such area for 
that purpose through escorting of such individual in accordance with 
subsection (a)(1)(B) by another individual who holds a transportation 
security card.
    ``(o) Processing Time.--The Secretary shall review an initial 
transportation security card application and respond to the applicant, 
as appropriate, including the mailing of an Initial Determination of 
Threat Assessment letter, within 30 days after receipt of the initial 
application. The Secretary shall, to the greatest extent practicable, 
review appeal and waiver requests submitted by a transportation 
security card applicant, and send a written decision or request for 
additional information required for the appeal or waiver determination, 
within 30 days after receipt of the applicant's appeal or waiver 
written request. For an applicant that is required to submit additional 
information for an appeal or waiver determination, the Secretary shall 
send a written decision, to the greatest extent practicable, within 30 
days after receipt of all requested information.
    ``(p) Receipt of Cards.--Within 180 days after the date of 
enactment of this subsection, the Secretary shall develop a process to 
permit an individual approved for a transportation security card under 
this section to receive the card at the individual's place of 
residence.
    ``(q) Fingerprinting.--The Secretary shall establish procedures 
providing for an individual who is required to be fingerprinted for 
purposes of this section to be fingerprinted at facilities operated by 
or under contract with an agency of the Department of the Secretary 
that engages in fingerprinting the public for transportation security 
or other security purposes.
    ``(r) Redundant Background Checks.--The Secretary shall prohibit a 
State or political subdivision thereof from requiring a separate 
security background check for any purpose for which a transportation 
security card is issued under this section. The Secretary may waive the 
application of this subsection with respect to a State or political 
subdivision thereof if the State or political subdivision demonstrates 
a compelling homeland security reason that a separate security 
background check is necessary.''.

SEC. 24. HARMONIZING SECURITY CARD EXPIRATIONS.

    Section 70105(b) of title 46, United States Code, is amended by 
adding at the end the following new paragraph:
    ``(6) The Secretary may extend for up to one year the expiration of 
a biometric transportation security card required by this section to 
align the expiration with the expiration of a license, certificate of 
registry, or merchant mariner document required under chapter 71 or 
73.''.

SEC. 25. ADMINISTRATION OF MARITIME SECURITY.

    (a) Establish Maritime Security as a Coast Guard Function.--Chapter 
5 of title 14, United States Code, is further amended by adding at the 
end the following new section:
``Sec. 103. Maritime security
    ``To protect life, property, and the environment on, under, and 
over waters subject to the jurisdiction of the United States and on 
vessels subject to the jurisdiction of the United States, the 
Commandant shall promote maritime security as follows:
            ``(1) By taking actions necessary in the public interest to 
        protect such life, property, and the environment.
            ``(2) Based on priorities established by the Commandant 
        including--
                    ``(A) protecting maritime borders from all 
                intrusions, reducing the risk from terrorism to United 
                States passengers at foreign and domestic ports and in 
                designated waterfront facilities, and preventing and 
                responding to terrorist attacks and other homeland 
                security threats;
                    ``(B) protecting critical maritime infrastructure 
                and other key resources; and
                    ``(C) preventing, to the maximum extent 
                practicable, a transportation security incident as 
                defined in section 70101 of title 46.''.
    (b) Clerical Amendment.--The analysis at the beginning of such 
chapter is further amended by adding at the end the following new item:

``Sec. 103. Maritime security.''.
    (c) Maritime Security Staff.--
            (1) In general.--Chapter 3 of title 14, United States Code, 
        is further amended by adding at the end the following new 
        sections:
``Sec. 60. Maritime security workforce
    ``(a) Designation of Maritime Security Workforce.--
            ``(1) In general.--The Secretary, acting through the 
        Commandant, shall ensure appropriate coverage of maritime 
        security missions within the workforce in each sector.
            ``(2) Required positions.--In designating positions under 
        paragraph (1), the Secretary shall include the following 
        maritime security-related positions:
                    ``(A) Program oversight.
                    ``(B) Counterterrorism functions.
                    ``(C) Counterintelligence functions.
                    ``(D) Criminal investigations related to maritime 
                security.
                    ``(E) Port security enforcement.
                    ``(F) Any other activities that the Commandant 
                deems as necessary.
            ``(3) Maritime security management activities.--The 
        Secretary shall also designate under paragraph (1) those 
        maritime security-related management positions located at Coast 
        Guard headquarters, Coast Guard Readiness Command, Coast Guard 
        Operations Command, the Deployable Operations Group, and the 
        Intelligence Coordination Center.
    ``(b) Career Paths.--The Secretary, acting through the Commandant, 
may establish appropriate career paths for civilian and military Coast 
Guard personnel who wish to pursue careers in maritime security are 
identified in terms of the education, training, experience, and 
assignments necessary for career progression of civilians and member of 
the Armed Forces to the most senior maritime security positions. The 
Secretary shall make available published information on such career 
paths.
    ``(c) Balanced Workforce Policy.--In the development of maritime 
security workforce policies under this section with respect to any 
civilian employees or applicants for employment with the Coast Guard, 
the Secretary shall, consistent with the merit system principles set 
out in paragraphs (1) and (2) of section 2301(b) of title 5, take into 
consideration the need to maintain a balance workforce in which women 
and members of racial and ethnic minority groups are appropriately 
represented in Government service.
    ``(d) Sector Chief of Maritime Security.--
            ``(1) In general.--The Commandant may assign, as 
        appropriate, a Chief of Maritime Security who shall be at least 
        a Lieutenant Commander or civilian employee within the grade 
        GS-13 of the General Schedule in each Coast Guard sector.
            ``(2) Functions.--The Chief of Maritime Security for a 
        sector--
                    ``(A) is responsible for all individuals who, on 
                behalf of the Coast Guard, conduct port security 
                operations, counterterrorism operations, intelligence 
                and counterintelligence operations, and support 
                national defense operations; and
                    ``(B) if not the Coast Guard officer in command of 
                that sector, is the principal advisor to the Sector 
                Commander regarding maritime security matters in that 
                sector.
    ``(e) Signatories of Letter of Qualification.--Each individual 
signing a letter of qualification for maritime security personnel must 
hold a letter of qualification for the type being certified.
``Sec. 61. Centers of expertise for maritime security
    ``(a) Establishment.--The Commandant may establish and operate one 
or more centers of Maritime Security (in this section referred to as a 
`Center').
    ``(b) Missions.--The Centers shall--
            ``(1) be used to facility education, training, and research 
        in maritime security including maritime domain awareness, 
        counterterrorism policy and operations, and intelligence 
        collection, fusion, and dissemination;
            ``(2) develop a repository on information on maritime 
        security; and
            ``(3) perform any other function as the Commandant may 
        specify.
    ``(c) Joint Operation With Educational Institution Authorized.--The 
Commandant may enter into an agreement with an appropriate official of 
an institution of higher education to--
            ``(1) provide for joint operation of a Center; and
            ``(2) provide necessary administrative service for a 
        Center, including administration and allocation of funds.
    ``(d) Acceptance of Donations.--
            ``(1) In general.--The Commandant may accept, on behalf of 
        a center, donations to be used to defray the costs of the 
        Center or to enhance the operation of the Center.
            ``(2) Guidance.--The Commandant shall prescribe written 
        guidance setting forth the criteria to be used in determining 
        if the acceptance of a donation is appropriate.''.
            (2) Clerical amendment.--The analysis at the beginning of 
        such chapter is further amended by adding at the end the 
        following new items:

``Sec. 60. Maritime security workforce.
``Sec. 61. Centers of expertise for maritime security.''.
    (d) Powers and Duties.--Section 93 of title 14, United States Code, 
is amended by adding at the end the following new subsection:
    ``(e) In exercising the Commandant's duties and responsibilities 
with regard to maritime security, the Commandant shall designate a flag 
officer to serve as the principal advisor to the Commandant for 
maritime security. The designee shall have at least 10 years combined 
experience in operations, intelligence, counterterrorism, 
counterintelligence, port security, criminal investigations (except 
maritime casualty investigations), and port security or other maritime 
security functions, and at least four years of leadership experience at 
a staff or unit carrying out maritime security functions.''.

SEC. 26. FRESNEL LENS IN THE PRESQUE ISLE LIGHT HOUSE IN PRESQUE ISLE, 
              MICHIGAN.

    The Commandant of the Coast Guard shall conduct a study and 
analysis of the feasibility of the restoring the Fresnel Lens in the 
Presque Isle Light House in Presque Isle, Michigan to operating 
condition to meet the safety needs of commerce and submit within 180 
days the report to the Transportation and Infrastructure Committee 
after the date of enactment of this Act.
                                 <all>