[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3639 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3639

To provide for greater maritime transportation security, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 22, 2010

    Mr. Rockefeller (for himself and Mrs. Hutchison) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
To provide for greater maritime transportation security, 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. SHORT TITLE.

    This Act may be cited as the ``Maritime Transportation Security Act 
of 2010''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
                     TITLE I--SMALL VESSEL SECURITY

Sec. 101. Recreational vessel operator education.
Sec. 102. America's Waterways Watch.
         TITLE II--TRANSPORTATION OF ESPECIALLY HAZARDOUS CARGO

Sec. 201. International measures for the safe and secure transportation 
                            of especially hazardous cargo.
Sec. 202. Port security zones.
                 TITLE III--PORT AND FACILITY SECURITY

Sec. 301. Foreign port assessment, assistance, and training.
Sec. 302. Foreign ports assistance strategic plan.
Sec. 303. International port and facility inspection coordination.
Sec. 304. Regional transportation security incident mitigation plan.
Sec. 305. National tactical plans.
Sec. 306. Interagency operational centers for port security.
Sec. 307. Pre-positioning interoperable communications equipment at 
                            interagency operational centers.
Sec. 308. Establishment of a security individual.
Sec. 309. Seaman shoreside access.
Sec. 310. Risk based resource allocation.
Sec. 311. Use of maritime security risk assessment model.
Sec. 312. Integration of security plans and systems with local port 
                            authorities, State harbor divisions, and 
                            law enforcement agencies.
Sec. 313. Written agreements required between the Department of 
                            Homeland Security and public or private 
                            marine terminal operators.
Sec. 314. Port security training and certification.
Sec. 315. Maritime Security Advisory Committee extension.
Sec. 316. Vessel security plans for supply and similar vessels.
Sec. 317. Protection and fair treatment of seafarers.
        TITLE IV--INTERNATIONAL INTERMODAL SUPPLY CHAIN SECURITY

Sec. 401. Single electronic window for filing vessel, crew, and 
                            passenger information.
Sec. 402. Maritime and cargo security integrated project teams.
Sec. 403. Risk based alignment of maritime security scanning 
                            requirements.
                    TITLE V--U.S. MARINER PROTECTION

Sec. 501. Use of force against piracy.
Sec. 502. Agreements.
                        TITLE VI--CREDENTIALING

Sec. 601. Authorization to extend the duration of licenses, 
                            certificates of registry, and merchant 
                            mariners' documents.
Sec. 602. Animal-propelled vessels.
                    TITLE VII--PORT SECURITY GRANTS

Sec. 701. Continuation of pilot program authority.
Sec. 702. Grants to tier 1 and tier 2 ports require regional strategic 
                            risk management assessment.

                     TITLE I--SMALL VESSEL SECURITY

SEC. 101. RECREATIONAL VESSEL OPERATOR EDUCATION.

    (a) In General.--Section 4302(a) of title 46, United States Code, 
is amended--
            (1) by striking ``and'' after the semicolon in paragraph 
        (2);
            (2) by striking ``equipment.'' in paragraph (3) and 
        inserting ``equipment; and''; and
            (3) by adding at the end the following:
            ``(4) establishing education standards for an operator of a 
        recreational vessel equipped with propulsion machinery of any 
        kind, and requiring such operator to carry a certificate, card, 
        or other proof of successful completion of a recreational 
        boating safety course or test that conforms to the National 
        Boating Education Standards as recognized by the United States 
        Coast Guard.''.
    (b) Exemption Authority.--Section 4302 of title 46, United States 
Code, is amended--
            (1) by redesignating subsection (d) as subsection (e); and
            (2) by inserting after subsection (c) the following:
    ``(d) Exemptions.--The Secretary, in promulgating regulations under 
this section, may consider providing exemptions from complying with its 
requirements, including such exemptions for--
            ``(1) any person who has purchased the recreational vessel 
        within the last 30 days and has a bill of sale in his or her 
        possession to document the date of purchase,
            ``(2) any person renting, chartering, or leasing for a 
        period of less than 60 days, a recreational vessel equipped 
        with propulsion machinery of any kind who has a lease or rental 
        agreement in his or her possession indicating completion of a 
        minimum level of boating safety awareness and education 
        recognized by the Secretary, and
            ``(3) any person who possesses a valid merchant mariner 
        credential issued by the United States Coast Guard,
except that when operating a vessel for recreational purposes, the 
operator must carry either such a valid merchant mariner credential or 
a boater education certificate or card required under subsection 
(a)(4).''.
    (c) Federal Preemption.--Section 4306 of title 46, United States 
Code, is amended--
            (1) by inserting ``an operator education standard, or'' 
        after ``law or regulations establishing''; and
            (2) by adding at the end ``A valid merchant mariner 
        credential or a boater education certificate or card required 
        under section 4302(a)(4) issued by a State shall be recognized 
        and accepted by any other State.''.
    (d) Limitation.--Section 4302(a)(4) of title 46, United States 
Code, shall not be construed or interpreted to require, authorize, or 
permit any officer or employee of the United States, whether civilian 
or military, or that officer's agent to issue identification to an 
operator of a recreational vessel.
    (e) Phase-In of Certification Requirement.--The regulations 
promulgated under section 4302(a)(4) of title 46, United States Code, 
shall apply--
            (1) beginning 3 years after the date of enactment of this 
        Act to operators of recreation vessels who are 18 years of age 
        or younger; and
            (2) beginning 7 years after the date of enactment of this 
        Act to all operators of recreation vessels.

SEC. 102. AMERICA'S WATERWAYS WATCH.

    (a) In General.--There is hereby established, within the Coast 
Guard, the America's Waterway Watch Program.
    (b) Purpose.--The Secretary, acting through the Commandant of the 
Coast Guard, shall administer the Program in a manner that--
            (1) encourages the public and industry to recognize a 
        covered activity; and
            (2) promotes voluntary reporting of such activity.
    (c) Information; Training.--
            (1) Information.--The Secretary may establish, as an 
        element of the Program, a network of individuals, entities, and 
        community-based organizations--
                    (A) to encourage the public and industry to 
                recognize and report a covered activity;
                    (B) to promote voluntary reporting of such 
                activity; and
                    (C) to enhance the situational awareness within the 
                Nation's ports and waterways.
            (2) Law enforcement cooperation.--The Secretary shall 
        conduct the network, to the extent practicable, in cooperation 
        with Federal, State, and local law enforcement agencies.
            (3) Training.--The Secretary, acting through the 
        Commandant, may provide training in--
                    (A) recognizing and reporting a covered activity; 
                and
                    (B) sharing such reports and coordinating the 
                response by Federal, State, and local law enforcement 
                agencies.
    (d) Voluntary Participation.--Participation in the Program--
            (1) shall be wholly voluntary;
            (2) 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
            (3) shall not require disclosure of information regarding 
        the individual reporting a covered activity or, for proprietary 
        purposes, the location of such individual.
    (e) Immunity.--
            (1) Immunity for reports of suspected terrorist activity or 
        suspicious behavior.--
                    (A) In general.--Any individual who, in good faith 
                and based on objectively reasonable suspicion, makes or 
                causes to be made a voluntary report of covered 
                activity to an authorized official shall be immune from 
                civil liability under Federal, State, and local law for 
                that report.
                    (B) False reports.--Subparagraph (A) does not apply 
                to any report that the individual knew to be false or 
                that was made with reckless disregard for the truth at 
                the time the individual made the report.
            (2) Immunity for response.--
                    (A) In general.--Any authorized official who 
                observes, or receives a report of, a covered activity 
                and takes reasonable action in good faith to respond to 
                such activity shall have qualified immunity from civil 
                liability for such action, consistent with applicable 
                law in the relevant jurisdiction. An authorized 
                official not entitled to assert the defense of 
                qualified immunity shall nevertheless be immune from 
                civil liability under Federal, State, and local law if 
                such authorized official takes reasonable action, in 
                good faith, to respond to the reported activity.
                    (B) Savings clause.--Nothing in this paragraph 
                shall affect the ability of any authorized official to 
                assert any defense, privilege, or immunity that would 
                otherwise be available, and this paragraph shall not be 
                construed as affecting any such defense, privilege, or 
                immunity.
            (3) Attorney fees and costs.--Any individual or authorized 
        official found to be immune from civil liability under this 
        section shall be entitled to recover from the plaintiff all 
        reasonable costs and attorney fees.
    (f) Definitions.--In this section:
            (1) Authorized official.--The term ``authorized official'' 
        means--
                    (A) any employee or agent of a vessel, facility, 
                port, or waterway, or other person with 
                responsibilities relating to the security of such 
                systems;
                    (B) any officer, employee, or agent of the 
                Department of Homeland Security, the Department of 
                Transportation, or the Department of Justice with 
                responsibilities related to the security of vessels, 
                facilities, ports, or waterways; or
                    (C) any Federal, State, or local law enforcement 
                officer.
            (2) Covered activity.--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--
                    (A) a threat to a vessel, facility, port, or 
                waterway; or
                    (B) an act of terrorism (as that term is defined in 
                section 3077 of title 18, United States Code).
            (3) Facility.--The term ``facility'' has the meaning given 
        that term in section 70101(2) of title 46, United States Code.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Department in which the Coast Guard is operating.
    (g) Coordination.--The Secretary shall coordinate the program with 
other similar watch programs. The secretary shall submit, concurrent 
with the President's budget submission for each fiscal year, a report 
on coordination of the program with other similar programs within the 
Department in which the Coast Guard is operating to the Senate 
Committee on Commerce, Science, and Transportation, the Senate 
Committee on Homeland Security and Governmental Affairs, the House of 
Representatives Committee on Homeland Security, and the House of 
Representatives Committee on Transportation and Infrastructure.
    (h) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary to carry out this section $3,000,000 for 
each of fiscal years 2011 through 2016. Such funds shall remain 
available until expended.

         TITLE II--TRANSPORTATION OF ESPECIALLY HAZARDOUS CARGO



SEC. 201. INTERNATIONAL MEASURES FOR THE SAFE AND SECURE TRANSPORTATION 
              OF ESPECIALLY HAZARDOUS CARGO.

    (a) In General.--Chapter 701 of title 46, United States Code, is 
amended by inserting after section 70109 the following:
``70109A. International committee for the safe and secure 
              transportation of especially hazardous cargo
    ``(a) In General.--The Secretary, in consultation with the 
Secretary of State and other appropriate entities, is authorized and 
encouraged to promote, in a manner consistent with international 
treaties, conventions, and agreements to which the United States is a 
party, to initiate a work item within the International Maritime 
Organization that addresses the safe and secure transportation of 
especially hazardous cargoes and includes representatives of United 
States trading partners that supply tank, bulk, or break-bulk vessel 
shipments of especially hazardous cargo to the United States.
    ``(b) Safe and Secure Loading, Unloading, and Transportation of 
Especially Hazardous Cargoes.--In carrying out this section, the 
Secretary, pursuant to any work item initiated under subsection (a) of 
this section, in cooperation with the International Maritime 
Organization and in consultation with the International Standards 
Organization and shipping industry stakeholders, is authorized and 
encouraged to develop protocols, procedures, standards, and 
requirements for receiving, handling, loading, unloading, vessel 
crewing, and transportation of especially hazardous cargo to promote 
the safe and secure operation of ports, facilities, and vessels that 
transport especially hazardous cargo to the United States.
    ``(c) Deadlines.--The Secretary shall--
            ``(1) initiate the development of the committee within 180 
        days after the date of enactment of the Maritime Transportation 
        Security Act of 2010; and
            ``(2) endeavor to have the protocols, procedures, 
        standards, and requirements developed by the committee take 
        effect within 3 years after the date of enactment of that Act.
    ``(d) Reports.--The Secretary shall report annually to the Senate 
Committee on Commerce, Science, and Transportation, the House of 
Representatives Committee on Transportation and Infrastructure, and the 
House of Representatives Committee on Homeland Security on the 
development, implementation, and administration of the protocols, 
procedures, standards, and requirements developed by the committee 
established under subsection (a).''.
    (b) Conforming Amendment.--The table of contents for chapter 701 of 
title 46, United States Code, is amended by inserting after the item 
relating the section 70109 the following:

``70109A. International committee for the safe and secure 
                            transportation of especially hazardous 
                            cargo''.

SEC. 202. PORT SECURITY ZONES.

    (a) In General.--Chapter 701 of title 46, United States Code, is 
amended by adding at the end the following:

                  ``SUBCHAPTER II. PORT SECURITY ZONES

``70131. Definitions
    ``In this subchapter:
            ``(1) Law enforcement agency.--The term `law enforcement 
        agency'--
                    ``(A) means an agency of a State, a political 
                subdivision of a State, or a Federally recognized tribe 
                that is authorized by law to supervise the prevention, 
                detection, investigation, or prosecution of any 
                violation of criminal law; and
                    ``(B) for the purposes of entering into a 
                cooperative enforcement agreement pursuant to section 
                70132 of this title, includes a State, a political 
                subdivision of a State, or a Federally recognized 
                tribe.
            ``(2) Security zone.--The term `security zone' includes a 
        security zone, established pursuant to section 1 of title II of 
        the Act of June 15, 1917 (50 U.S.C. 191) or section 7(b) of the 
        Ports and Waterways Safety Act (33 U.S.C. 1226(b)), about a 
        vessel carrying especially hazardous cargo when such vessel--
                    ``(A) enters, or operates within, the internal 
                waters of the United States and the territorial sea of 
                the United States, extending 3 nautical miles seaward 
                of the baseline; or
                    ``(B) transfers such cargo or residue in any port 
                or place, under the jurisdiction of the United States, 
                within the territorial sea of the United States, 
                extending 3 nautical miles seaward of the baseline, or 
                the internal waters of the United States.
            ``(3) Shipowner.--The term `shipowner' means any person 
        that owns, has an ownership interest in, or operates a vessel 
        subject to the jurisdiction of the United States, for which the 
        Commandant of the Coast Guard, under the direction of the 
        Secretary, has established a security zone.
            ``(4) Vessel subject to the jurisdiction of the United 
        States.--The term `vessel subject to the jurisdiction of the 
        United States' has the meaning given that term in section 
        70502(c) of this title.
``70132. Cooperative enforcement agreement
    ``(a) In General.--The Commandant of the Coast Guard, under the 
direction of the Secretary, may execute a cooperative enforcement 
agreement with a law enforcement agency under which the law enforcement 
agency shall place--
            ``(1) personnel who are deputized pursuant to subsection 
        (b) and credentialed pursuant to section 70133, and
            ``(2) assets, identified by the Commandant as necessary to 
        enforce a security zone,
under the command and control of the Coast Guard for the duration and 
purpose of enforcing that security zone.
    ``(b) Deputation.--
            ``(1) In general.--The Commandant of the Coast Guard, under 
        the direction of the Secretary, may deputize a law enforcement 
        officer, credentialed pursuant to section 70133 of this title, 
        who is placed under the command and control of the Coast Guard 
        for the duration and purpose of enforcing a security zone. A 
        law enforcement officer, deputized pursuant to this subsection, 
        shall be treated as an employee of the Government for purposes 
        of section 1346(b), section 2401(b), and chapter 171 of title 
        28 while under the command and control of the Coast Guard for 
        the duration and purpose of enforcing the security zone.
            ``(2) Authorities.--
                    ``(A) In addition to the authorities set forth in 
                section 70118 of this title, a law enforcement officer, 
                credentialed pursuant to section 70133 of this title 
                and deputized pursuant to this section, who is placed 
                under the command and control of the Coast Guard, may, 
                for the duration and purpose of enforcing such security 
                zone only--
                            ``(i) carry a firearm;
                            ``(ii) with or without a warrant or other 
                        process--
                                    ``(I) arrest any person, if such 
                                officer has reasonable cause to believe 
                                that such person has violated, 
                                attempted to violate, is violating, or 
                                is attempting to violate a security 
                                zone, if such violation is a felony; 
                                and
                                    ``(II) board, search, or seize any 
                                vessel, if such officer has reasonable 
                                cause to believe that such vessel has 
                                been used or employed in, or is being 
                                used or employed in, the violation of a 
                                security zone;
                            ``(iii) use force in accordance with Coast 
                        Guard policy governing the use of force; and
                            ``(iv) exercise any other lawful authority.
                    ``(B) Nothing in the provision shall affect or 
                diminish the authority of a law enforcement officer 
                under section 70118 of this title.
    ``(c) Limitation.--Nothing in this section shall affect or 
diminish--
            ``(1) Federal authority or responsibility to enforce a 
        security zone; or
            ``(2) the authority or responsibility of any other Federal 
        agency.
    ``(d) Conditional Cooperative Enforcement Agreement.--The 
Commandant may execute a conditional cooperative enforcement agreement 
with a law enforcement agency for the purposes of establishing or 
increasing the capacity of such agency to place personnel, either 
credentialed or to be credentialed pursuant to section 70133 of this 
title, and assets, identified by the Commandant as necessary to enforce 
the security zone, under the command and control of the Coast Guard for 
the purpose of enforcing such security zone. A conditional cooperative 
enforcement agreement shall be deemed a cooperative enforcement 
agreement for the purpose of qualifying for a grant awarded under 
section 70107 of this title.
``70133. Credentialing standards, training, and certification for 
              State and local support for the enforcement of security 
              zones for the transportation of especially hazardous 
              cargo
    ``(a) Standard.--The Commandant of the Coast Guard, under the 
direction of the Secretary, shall establish, by regulation, national 
standards for training, qualification, credentialing, and typing of--
            ``(1) law enforcement personnel--
                    ``(A) to enforce a security zone, pursuant to a 
                cooperative enforcement agreement; or
                    ``(B) to assist in the enforcement of a security 
                zone; and
            ``(2) personnel who are employed or retained by a shipowner 
        to assist in the enforcement of a security zone.
    ``(b) Training.--
            ``(1) The Commandant of the Coast Guard, acting under the 
        direction of the Secretary--
                    ``(A) shall develop and publish a training 
                curriculum for--
                            ``(i) law enforcement personnel to enforce 
                        a security zone, pursuant to a cooperative 
                        enforcement agreement;
                            ``(ii) law enforcement personnel to assist 
                        in the enforcement of a security zone; and
                            ``(iii) personnel who are employed or 
                        retained by a shipowner to assist in the 
                        enforcement of a security zone; and
                    ``(B) may--
                            ``(i) test and deliver such training;
                            ``(ii) enter into an agreement under which 
                        a public entity (including a Federal agency) or 
                        private entity may test and deliver such 
                        training; and
                            ``(iii) may endorse a program, conducted by 
                        a public entity (including a federal agency) or 
                        private entity, through which such training is 
                        delivered.
            ``(2) Any Federal agency that provides such training, and 
        any public or private entity that receives moneys, pursuant to 
        section 70107(b)(8) of this title, to provide such training, 
        shall provide the training--
                    ``(A) on a priority basis to law enforcement 
                personnel who are employed by a law enforcement agency 
                that has entered into a cooperative enforcement 
                agreement or a conditional cooperative enforcement 
                agreement under section 70132 of this title; and
                    ``(B) on an availability basis to--
                            ``(i) law enforcement personnel who assist 
                        in the enforcement of a security zone; and
                            ``(ii) personnel who are employed or 
                        retained by a vessel owner or operator to 
                        assist in the enforcement of a security zone.
            ``(3) If a Federal agency provides the training, the head 
        of such agency may, notwithstanding any other provision of law, 
        accept payment from any source for such training, and any 
        amount received as payment shall be credited to the 
        appropriation, current at the time of collection, charged with 
        the cost thereof and shall be merged with, and available for, 
        the same purposes of such appropriation.
            ``(4) Notwithstanding any other provision of law, any 
        moneys, awarded by any Federal agency in the form of awards or 
        grants, may be used by the recipient to pay for training of 
        personnel to assist in the enforcement of security zones and 
        limited access areas.
    ``(c) Credentialing.--The Commandant of the Coast Guard, under the 
direction of the Secretary, may issue a credential to an individual, 
upon the successful completion of training that the Commandant may 
prescribe, as evidence that the individual qualifies--
            ``(1) to enforce a security zone, pursuant to a cooperative 
        enforcement agreement, pursuant to section 70132 of this title; 
        or
            ``(2) to assist in the enforcement of such a security 
        zone.''.
    (d) Grants; Administration.--
            (1) Grants.--Section 70107 of title 46, United States Code, 
        is amended--
                    (A) by striking ``services.'' in subsection (a) and 
                inserting ``services, to implement cooperative 
                enforcement agreements with law enforcement agencies, 
                to enforce a security zone, pursuant to a cooperative 
                enforcement agreement pursuant to section 70132 of this 
                title or to assist in the enforcement of a security 
                zone, and to train law enforcement personnel under 
                section 70133 of this title.'';
                    (B) in subsection (b)--
                            (i) by striking paragraph (1) and inserting 
                        the following:
            ``(1) Salary, benefits, overtime compensation, retirement 
        contributions, and other costs for--
                    ``(A) law enforcement personnel who are employed by 
                a law enforcement agency that has executed a 
                cooperative enforcement agreement or conditional 
                cooperative enforcement agreement under section 70132 
                of this title;
                    ``(B) law enforcement personnel who assist in the 
                enforcement of a security zone; and
                    ``(C) other law enforcement personnel, response 
                personnel, and port authority personnel.'';
                            (ii) by striking ``crewmembers.'' in 
                        paragraph (2) and inserting ``crew members, or 
                        the cost of acquisition, operation, and 
                        maintenance of assets necessary to enforce a 
                        security zone, pursuant to a cooperative 
                        enforcement agreement or conditional 
                        cooperative enforcement agreement under section 
                        70132 of this title, or to assist in the 
                        enforcement of a security zone.''; and
                            (iii) by adding at the end the following:
            ``(8) The cost of training law enforcement personnel--
                    ``(A) to enforce a security zone pursuant to a 
                cooperative enforcement agreement or a conditional 
                cooperative enforcement agreement executed under 
                section 70132 of this title; or
                    ``(B) assist in the enforcement of a security 
                zone.'';
                    (C) by adding at the end of subsection (c)(2) the 
                following:
                    ``(C) Training.--There are no matching requirements 
                for grants under subsection (a) to train law 
                enforcement agency personnel in the enforcement of 
                security zones under a cooperative enforcement 
                agreement under section 70132 of this title or in 
                assisting in the enforcement of such security zones.''; 
                and
                    (D) by striking subsection (l) and inserting the 
                following:
    ``(l) Authorization of Appropriations.--There are authorized to be 
appropriated $510,000,000 for each of the fiscal years 2011 through 
2017 to carry out this section, of which--
            ``(1) not less than $100,000,000 each fiscal year or 20 
        percent of the amount appropriated for a fiscal year, whichever 
        is greater, shall be--
                    ``(A) awarded, on a priority basis, to law 
                enforcement agencies that have executed cooperative 
                enforcement agreements under section 70131(b)(4) of 
                this title; and
                    ``(B) prioritized according to risk-based 
                methodology; and
            ``(2) not more than $10,000,000 each fiscal year or 2 
        percent of the amount appropriated in a given fiscal year, 
        whichever is greater, may be awarded to law enforcement 
        agencies that have executed cooperative enforcement agreements 
        under section 70132 of this title, based solely on the mission 
        needs of the Coast Guard, as determined by the Commandant.''.
            (2) Limitation.--
                    (A) A grant under section 70107 of title 46, United 
                States Code, shall not result in the impairment or 
                reduction of a State recreational boating safety 
                program for which a law enforcement agency receives an 
                allocation, made pursuant to the Dingell-Johnson Sport 
                Fish Restoration Act (16 U.S.C. 777 et seq.).
                    (B) The Commandant of the Coast Guard, acting under 
                the direction of the Secretary, may require a law 
                enforcement agency that receives such a grant and an 
                allocation to submit such documentation as the 
                Commandant may require to ensure that the grant did not 
                result in such an impairment or reduction.
                    (C) If the Commandant finds that such a grant has 
                resulted in such an impairment or reduction, the 
                Commandant may limit or reduce future grants under 
                section 70107 of title 46, United States Code, to such 
                law enforcement agency or disqualify the agency as a 
                recipient of a grant for security zone training under 
                that section for a period not more than 5 years.
    (e) Delegation.--The Commandant may delegate to a subordinate 
commander the authority under subchapter II of chapter 701 of title 46, 
United States Code--
            (1) to enter into cooperative enforcement agreements or 
        conditional cooperative enforcement agreements; and
            (2) to deputize law enforcement officers.
    (f) Regulations.--If the Commandant of the Coast Guard, under the 
direction of the Secretary, deems regulations necessary to implement 
this section or subchapter II of chapter 701 of title 46, United States 
Code--
            (1) the requirements of chapters 5 and 6 of title 5, United 
        States Code, or any other law or policy relating to rulemaking, 
        information collection, or publication in the Federal Register, 
        shall not apply in the promulgation of such regulations; and
            (2) the Secretary shall not be required to prepare an 
        economic analysis of the cost and benefits of the final rule.
    (g) Conforming Amendments.--
            (1) Subchapter i designation.--Chapter 701 of title 46, 
        United States Code, is amended by inserting before section 
        70101 the following:

                       ``SUBCHAPTER I. GENERAL''.

            (2) Table of contents amendments.--The table of contents 
        for chapter 701 of title 46, United States Code, is amended--
                    (A) by inserting before the item relating to 
                section 70101 the following:

``subchapter i. general''; and
                    (B) by adding at the end the following:

                  ``subchapter ii. port security zones
``70131. Definitions
``70132. Cooperative enforcement agreement
``70133. Credentialing standards, training, and certification for State 
                            and local support for the enforcement of 
                            security zones for the transportation of 
                            especially hazardous cargo''.



                 TITLE III--PORT AND FACILITY SECURITY

SEC. 301. FOREIGN PORT ASSESSMENT, ASSISTANCE, AND TRAINING.

    (a) Foreign Port Assessment.--Chapter 701 of title 46, United 
States Code, is amended--
            (1) by adding at the end of section 70108 the following:
    ``(e) Limitation on Statutory Construction.--
            ``(1) Nothing in this section shall be construed either to 
        compel the Secretary to inspect a foreign port, or to affect or 
        limit the Secretary's ability to use information or indicia, 
        other than an inspection of such port, when assessing the 
        effectiveness of the antiterrorism measures of such port.
            ``(2) The absence of an inspection of a foreign port shall 
        not bar the Secretary from making a finding that a port in a 
        foreign country does not maintain effective antiterrorism 
        measures.'';
            (2) by striking ``If the Secretary, after conducting an 
        assessment under section 70108, finds that a port in a foreign 
        country does not maintain effective antiterrorism measures,'' 
        in section 70109(a) and inserting ``Unless the Secretary, after 
        conducting an assessment under section 70108, finds that a port 
        in a foreign country maintains effective antiterrorism 
        measures,''; and
            (3) by striking ``If the Secretary finds that a port does 
        not maintain effective antiterrorism measures,'' in section 
        70110(a) and inserting ``Unless the Secretary finds that a 
        foreign port does not maintain effective antiterrorism 
        measures,''.
    (b) Assistance for Foreign Ports.--Section 70110 of such title is 
further amended--
            (1) by striking ``the Secretary finds to lack effective 
        antiterrorism measures.'' in subsection (e) and inserting 
        ``pose unique security and safety threats to the United 
        States.''; and
            (2) 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 requirements;
                    ``(B) to assist the port or facility in meeting 
                requirements established under section 70109A of this 
                chapter; and
                    ``(C) to assist the port or facility in exceeding 
                the standards described in subparagraph (2) (A) and 
                (B).
            ``(2) Conditions.--The Secretary--
                    ``(A) may 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 to bring the port or facility 
                into compliance with those standards and to maintain or 
                exceed compliance with them;
                    ``(B) may not provide such assistance unless the 
                facility or port has been subjected to a comprehensive 
                port security assessment by the Coast Guard pursuant to 
                section 70108; 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.''.
    (c) Technical Amendment.--Section 70108(c) of such title is 
amended--
            (1) by striking paragraph (2); and
            (2) by redesignating paragraphs (3) and (4) as paragraphs 
        (2) and (3), respectively.

SEC. 302. FOREIGN PORTS ASSISTANCE STRATEGIC PLAN.

    (a) 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.''.
    (b) Conforming Amendments.--
            (1) Section 70110 of title 46, United States Code, is 
        amended--
                    (A) by inserting ``or facilities'' after ``ports'' 
                in the section heading;
                    (B) by inserting ``or facility'' after ``port'' 
                each place it appears; and
                    (C) by striking ``Ports'' in the heading for 
                subsection (e) and inserting ``Ports, Facilities,''.
            (2) The table of contents 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. 303. INTERNATIONAL PORT AND FACILITY INSPECTION COORDINATION.

    (a) Coordination.--The Secretary of Homeland security shall, to the 
extent practicable, conduct the assessments required by the following 
provisions of law concurrently, or develop a process by which they are 
integrated and conducted by the Coast Guard:
            (1) Section 205 of the SAFE Port Act (6 U.S.C. 945).
            (2) Section 213 of that Act (6 U.S.C. 964).
            (3) Section 70108 of title 46, United States Code.
    (b) Limitation.--Nothing in subsection (a) shall be construed to 
affect or diminish the Secretary's authority or discretion--
            (1) to conduct an assessment of a foreign port at any time;
            (2) to compel the Secretary to conduct an assessment of a 
        foreign port so as to ensure that 2 or more assessments are 
        conducted concurrently; or
            (3) to cancel an assessment of a foreign port if the 
        Secretary is unable to conduct 2 or more assessments 
        concurrently.
    (c) Multiple Assessment Report.--The Secretary shall provide 
written notice to the Senate Committee on Commerce, Science, and 
Transportation and the House of Representatives Committee on 
Transportation and Infrastructure whenever the Secretary conducts 2 or 
more assessments of the same port within a 3-year period.
    (d) Effective Date.--This section shall take effect 6 months after 
the date of enactment of this Act.

SEC. 304. REGIONAL TRANSPORTATION SECURITY INCIDENT MITIGATION PLAN.

    Section 70103(b)(2) of title 46, United States Code, is amended--
            (1) by redesignating subparagraphs (E) through (G) as 
        subparagraphs (F) through (H), respectively; and
            (2) by inserting after subparagraph (D) the following:
                    ``(E) establish regional response and recovery 
                protocols to prepare for, respond to, mitigate against, 
                and recover from a transportation security incident 
                consistent with section 202 of the Security and 
                Accountability for Every Port Act of 2006 (6 U.S.C. 
                942) and subsection (a) of this section;''.

SEC. 305. NATIONAL TACTICAL PLANS.

    The Secretary of the department in which the Coast Guard is 
operating shall ensure that the National Tactical Plan is shared with 
the Area Maritime Security Committees established under section 70112 
of title 46, United States Code. The Area Maritime Security Committees 
shall use the plan in developing regional and local plans for port 
security training and exercises.

SEC. 306. INTERAGENCY OPERATIONAL CENTERS FOR PORT SECURITY.

    Section 70107A(b) of title 46, United States Code, is amended--
            (1) by striking paragraph (3);
            (2) by redesignating paragraphs (1) and (2) as paragraphs 
        (2) and (3), respectively;
            (3) by inserting before paragraph (2), as so redesignated, 
        the following:
            ``(1)(A) include--
                    ``(i) information management systems, and
                    ``(ii) sensor management systems; and
            ``(B) where practicable, provide for the physical co-
        location of the Coast Guard and, as the Secretary determines 
        appropriate, representatives of the United States Customs and 
        Border Protection, the United States Immigration and Customs 
        Enforcement, the Transportation Security Administration, the 
        Department of Justice, the Department of Defense, and other 
        Federal agencies, State and local law enforcement or port 
        security personnel, members of the Area Maritime Security 
        Committee, and other public and private sector stakeholders 
        adversely affected by a transportation security incident or 
        transportation disruption;''; and
            (4) in paragraph (2), as so redesignated--
                    (A) by striking ``existing centers, including--'' 
                and inserting ``existing centers;''; and
                    (B) by striking subparagraph (A) and (B); and
            (5) by adding ``and'' at the end of paragraph (3), as so 
        redesignated.

SEC. 307. PRE-POSITIONING INTEROPERABLE COMMUNICATIONS EQUIPMENT AT 
              INTERAGENCY OPERATIONAL CENTERS.

    Section 70107A of title 46, United States Code, is amended--
            (1) by redesignating subsections (e) and (f) as subsections 
        (f) and (g), respectively; and
            (2) by inserting after subsection (d) the following:
    ``(e) Deployment of Interoperable Communications Equipment at 
Interagency Operational Centers.--
            ``(1) In general.--The Secretary shall ensure that 
        interoperable communications technology is deployed at all 
        interagency operational centers established under subsection 
        (a).
            ``(2) Considerations.--In carrying out paragraph (1), the 
        Secretary shall consider the continuing technological evolution 
        of communications technologies and devices, with its implicit 
        risk of obsolescence, and shall ensure, to the maximum extent 
        feasible, that a substantial part of the technology deployed 
        involves prenegotiated contracts and other arrangements for 
        rapid deployment of equipment, supplies, and systems rather 
        than the warehousing or storage of equipment and supplies 
        currently available at the time the technology is deployed.
            ``(3) Requirements and characteristics.--The interoperable 
        communications technology deployed under paragraph (1) shall--
                    ``(A) be capable of re-establishing communications 
                when existing infrastructure is damaged or destroyed in 
                an emergency or a major disaster;
                    ``(B) include appropriate current, widely used 
                equipment, such as Land Mobile Radio Systems, cellular 
                telephones and satellite equipment, Cells-On-Wheels, 
                Cells-On-Light-Trucks, or other self-contained mobile 
                cell sites that can be towed, backup batteries, 
                generators, fuel, and computers;
                    ``(C) include contracts (including prenegotiated 
                contracts) for rapid delivery of the most current 
                technology available from commercial sources;
                    ``(D) include arrangements for training to ensure 
                that personnel are familiar with the operation of the 
                equipment and devices to be delivered pursuant to such 
                contracts; and
                    ``(E) be utilized as appropriate during live area 
                exercises conducted by the United States Coast Guard.
            ``(4) Additional characteristics.--Portions of the 
        communications technology deployed under paragraph (1) may be 
        virtual and may include items donated on an in-kind 
        contribution basis.
            ``(5) Rule of construction.--Nothing in this subsection 
        shall be construed or interpreted to preclude the use of funds 
        under this section by the Secretary for interim or long-term 
        Internet Protocol-based interoperable solutions, 
        notwithstanding compliance with the Project 25 standard.''.

SEC. 308. ESTABLISHMENT OF A SECURITY INDIVIDUAL.

    Under regulations prescribed by the Secretary of the department in 
which the Coast Guard is operating, each vessel documented under 
chapter 121 of title 46, United States Code, and each foreign vessel 
entering a United States port or a facility on or adjacent to the 
waterways of the United States, engaged in the commercial 
transportation of goods or passengers shall--
            (1) designate a United States person that is responsible 
        for responding to a transportation security incident involving 
        the vessel while in the United States to notify appropriate 
        emergency response entities and facilitating vessel response 
        activities; and
            (2) provide notice to the Coast Guard Captain of the Port 
        of the identity of, and contact for such person.

SEC. 309. SEAMAN SHORESIDE ACCESS.

    Each facility security plan approved under section 70103(c) of 
title 46, United State 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. Nothing 
in this section shall be construed to affect the requirement for or the 
fees associated with applying for and receiving a Transportation Worker 
Identification Credential pursuant to section 70107 of title 46, United 
States Code.

SEC. 310. RISK BASED RESOURCE ALLOCATION.

    (a) National Standard.--Within 1 year after the date of enactment 
of this Act, in carrying out chapter 701 of title 46, United States 
Code, the Secretary of the department in which the Coast Guard is 
operating shall develop and utilize a national standard and formula for 
prioritizing and addressing assessed security risks at United State 
ports and facilities on or adjacent to the waterways of the United 
States, such as the Maritime Assessment Strategy Tool that has been 
tested by the Department of Homeland Security.
    (b) Use by Maritime Security Committees.--Within 2 years after the 
date of enactment of this Act, the Secretary shall require each Area 
Maritime Security Committee to use this standard to regularly evaluate 
each port's assessed risk and prioritize how to mitigate the most 
significant risks.
    (c) Other Uses of Standard.--The Secretary shall utilize the 
standard when considering departmental resource allocations and grant 
making decisions.

SEC. 311. USE OF MARITIME SECURITY RISK ASSESSMENT MODEL.

    Within 180 days after the date of enactment of this Act, the 
Secretary of the department in which the Coast Guard is operating shall 
make the United States Coast Guard's Maritime Security Risk Assessment 
Model tool available, in an unclassified version, on a limited basis to 
regulated vessels and facilities to conduct true risk assessments of 
their own facilities and vessels using the same criteria employed by 
the United States Coast Guard when evaluating a port area, facility, or 
vessel.

SEC. 312. INTEGRATION OF SECURITY PLANS AND SYSTEMS WITH LOCAL PORT 
              AUTHORITIES, STATE HARBOR DIVISIONS, AND LAW ENFORCEMENT 
              AGENCIES.

    Section 70102 of title 46, United States Code, is amended by adding 
at the end thereof the following:
    ``(c) Sharing of Assessment Integration of Plans and Equipment.--
The owner or operator of a facility shall--
            ``(1) make a current copy of the vulnerability assessment 
        conducted under subsection (b) available to the port authority 
        with jurisdiction of the facility and appropriate State or 
        local law enforcement agencies; and
            ``(2) integrate, to the maximum feasible extent, any 
        security system for the facility with compatible systems 
        operated or maintained by the appropriate State, law 
        enforcement agencies, and the Coast Guard.''.

SEC. 313. WRITTEN AGREEMENTS REQUIRED BETWEEN THE DEPARTMENT OF 
              HOMELAND SECURITY AND PUBLIC OR PRIVATE MARINE TERMINAL 
              OPERATORS.

    (a) In General.--The Secretary of Homeland Security shall negotiate 
and execute a written agreement separately with each private or public 
marine terminal operator governing the use and placement of screening 
devices on the marine terminal. At a minimum--
            (1) each such agreement shall--
                    (A) cover the terms and conditions for use of the 
                screening devices, including operations and safety 
                procedures (as established by the Occupational Health 
                and Safety Administration); and
                    (B) include an indemnification and hold-harmless 
                clause to protect the marine terminal operator from 
                liability for injuries or damage to individuals or 
                property caused by the Department of Homeland Security 
                or its officers, agents, or equipment; but
            (2) no such agreement may--
                    (A) except as provided in paragraph (2), provide 
                for compensation from the Department of Homeland 
                Security for the use and placement of the devices; or
                    (B) require terminal employees to be in a motor 
                vehicle while screening of the vehicle, or the 
                screening device, is active.
    (b) Rule of Construction.--Nothing in this section, or in an 
agreement executed under subsection (a), shall be construed to enlarge 
or diminish any right that the Department of Homeland Security or its 
officers or agents may have to enter a marine terminal.

SEC. 314. PORT SECURITY TRAINING AND CERTIFICATION.

    (a) Port Security Training Program.--Subchapter I of chapter 701 of 
title 46, United States Code, is amended by inserting after section 
70122 the following:
``70123. Port security training for facility security officers
    ``(a) Facility Security Officers.--The Secretary of the department 
in which the Coast Guard is operating shall establish comprehensive 
facility security officer training requirements designed to provide 
full security training that would lead to certification of such 
officers. In establishing the requirements, the Secretary shall--
            ``(1) work with affected industry stakeholders; and
            ``(2) evaluate--
                    ``(A) the requirements of subsection (b);
                    ``(B) existing security training programs employed 
                at marine terminal facilities; and
                    ``(C) existing port security training programs 
                developed by the Federal Government.
    ``(b) Requirements.--The training program shall provide validated 
training that--
            ``(1) provides training at the awareness, performance, 
        management, and planning levels;
            ``(2) utilizes multiple training mediums and methods;
            ``(3) establishes a validated provisional on-line 
        certification methodology;
            ``(4) addresses port security topics, including--
                    ``(A) facility security plans and procedures, 
                including how to develop security plans and security 
                procedure requirements when threat levels are elevated;
                    ``(B) facility security force operations and 
                management;
                    ``(C) physical security and access control at 
                facilities;
                    ``(D) methods of security for preventing and 
                countering cargo theft;
                    ``(E) container security;
                    ``(F) recognition and detection of weapons, 
                dangerous substances, and devices;
                    ``(G) operation and maintenance of security 
                equipment and systems;
                    ``(H) security threats and patterns;
                    ``(I) security incident procedures, including 
                procedures for communicating with governmental and 
                nongovernmental emergency response providers; and
                    ``(J) evacuation procedures;
            ``(5) is consistent with, and supports implementation of, 
        the National Incident Management System, the National Response 
        Plan, the National Infrastructure Protection Plan, the National 
        Preparedness Guidance, the National Preparedness Goal, the 
        National Maritime Transportation Security Plan, and other such 
        national initiatives;
            ``(6) is evaluated against clear and consistent performance 
        measures; and
            ``(7) addresses security requirements under facility 
        security plans.
    ``(c) Continuing Security Training.--The Secretary of 
Transportation, in conjunction with the Secretary of the department in 
which the Coast Guard is operating, shall work with State and local law 
enforcement agencies and industry stakeholders to develop and certify 
the following additional security training requirements for Federal, 
State, and local officials with security responsibilities at United 
States seaports:
            ``(1) A program to familiarize them with port and shipping 
        operations, requirements of the Maritime Transportation 
        Security Act, and other port and cargo security programs that 
        educates and trains them with respect to their roles and 
        responsibilities.
            ``(2) A program to familiarize them with dangers and 
        potential issues with respect to shipments of hazardous and 
        especially hazardous cargoes.
            ``(3) A program of continuing education as deemed necessary 
        by the Secretary.
    ``(d) Training Partners.--In developing and delivering training 
under the training program and continuing security training, the 
Secretary, in coordination with the Maritime Administration of the 
Department of Transportation, and consistent with section 109 of the 
Maritime Transportation Security Act of 2002 (46 U.S.C. 70101 note), 
shall--
            ``(1) work with government training facilities, academic 
        institutions, private organizations, employee organizations, 
        and other entities that provide specialized, state-of-the-art 
        training for governmental and non-governmental emergency 
        responder providers or commercial seaport personnel and 
        management; and
            ``(2) utilize, as appropriate, government training 
        facilities, courses provided by community colleges, public 
        safety academies, State and private universities, and other 
        facilities.
    ``(e) Consultation.--In carrying out this section, the Secretary of 
Transportation shall ensure that activities surrounding the development 
of curriculum and the provision of training are eligible to receive 
grant funds.
    ``(f) Grant Program.--The Secretary of Transportation shall 
establish a grant program to provide funds to industry stakeholders to 
help underwrite their assistance in the development of curriculum and 
training under this section.
    ``(g) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Transportation $3,000,000 for each of 
fiscal years 2011 and 2012 to carry out this section.''.
    (b) Table of Contents Amendment.--The table of contents for chapter 
701 of title 46, United States Code, is amended by inserting after 
section 70122 the following:

``70123. Port security training for facility security officers''.

SEC. 315. MARITIME SECURITY ADVISORY COMMITTEE EXTENSION.

    Section 70112 of title 46, United States Code, is amended--
            (1) by striking subsection (b)(5) and inserting the 
        following:
            ``(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) The Area Maritime Security Advisory Committee shall 
        be composed of individuals who represent 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 ``September 
                30, 2008;'' and inserting ``September 30, 2020;''; and
                    (B) in paragraph (2), by striking ``September 30, 
                2006,'' and inserting ``September 30, 2018,''.

SEC. 316. VESSEL SECURITY PLANS FOR SUPPLY AND SIMILAR VESSELS.

    (a) In General.--Section 70103(c)(2)(A) of title 46, United States 
Code, is amended by striking ``incident;'' and inserting ``incident 
(including supply vessels, bunker and fuel deliver and launch vessels 
conducting activities or providing services to other vessels at 
anchorage;''.
    (b) TWICS Required for Crew.--Section 70105(b)(2)(F) of title 46, 
United States Code, is amended by inserting ``personnel working on 
board vessels described in section 70103(c)(2)(A) of this title and'' 
after ``(F)''.
    (c) Effective Date.--The amendments made by this section shall take 
effect 1 year after the date of enactment of this Act.

SEC. 317. PROTECTION AND FAIR TREATMENT OF SEAFARERS.

    (a) In General.--Chapter 111 of title 46, United States Code, is 
amended by adding at the end the following new section:
``11113. Protection and fair treatment of seafarers
    ``(a) Purpose.--The purpose of this section is to ensure the 
protection and fair treatment of seafarers.
    ``(b) Fund.--
            ``(1) Establishment.--There is established in the Treasury 
        a special fund known as the `Support of Seafarers Fund'.
            ``(2) Use of amounts in fund.--The amounts covered into the 
        Fund shall be available to the Secretary, without further 
        appropriation and without fiscal year limitation, to--
                    ``(A) pay necessary support, pursuant to subsection 
                (c)(1)(A) of this section; and
                    ``(B) reimburse a shipowner for necessary support, 
                pursuant to subsection (c)(1)(B) of this section.
            ``(3) Amounts credited to fund.--Notwithstanding any other 
        provision of law, the Fund may receive--
                    ``(A) any moneys ordered to be paid to the Fund in 
                the form of community service pursuant to section 
                3563(b) of title 18;
                    ``(B) amounts reimbursed or recovered pursuant to 
                subsection (d) of this section;
                    ``(C) amounts appropriated to the Fund pursuant to 
                subsection (g) of this section; and
                    ``(D) appropriations available to the Secretary for 
                transfer.
            ``(4) Prerequisite for community service credits.--The Fund 
        may receive credits pursuant to paragraph (3)(A) of this 
        subsection only when the unobligated balance of the Fund is 
        less than $5,000,000.
            ``(5) Report required.--
                    ``(A) Except as provided in subparagraph (B) of 
                this paragraph, the Secretary shall not obligate any 
                amount in the Fund in a given fiscal year unless the 
                Secretary has submitted to Congress, concurrent with 
                the President's budget submission for that fiscal year, 
                a report that describes--
                            ``(i) the amounts credited to the Fund, 
                        pursuant to paragraph (3) of this subsection, 
                        for the preceding fiscal year;
                            ``(ii) a detailed description of the 
                        activities for which amounts were charged; and
                            ``(iii) the projected level of expenditures 
                        from the Fund for the coming fiscal year, based 
                        on--
                                    ``(I) on-going activities; and
                                    ``(II) new cases, derived from 
                                historic data.
                    ``(B) The limitation in subparagraph (A) of this 
                paragraph shall not apply to obligations during the 
                first fiscal year during which amounts are credited to 
                the Fund.
            ``(6) Fund manager.--The Secretary shall designate a Fund 
        manager, who shall--
                    ``(A) ensure the visibility and accountability of 
                transactions utilizing the Fund;
                    ``(B) prepare the report required by paragraph (5); 
                and
                    ``(C) monitor the unobligated balance of the Fund 
                and provide notice to the Secretary and the Attorney 
                General whenever the unobligated balance of the Fund is 
                less than $5,000,000.
    ``(c) In General.--
            ``(1) Authority.--The Secretary is authorized--
                    ``(A) to pay, in whole or in part, without further 
                appropriation and without fiscal year limitation, from 
                amounts in the Fund, necessary support of--
                            ``(i) any seafarer who enters, remains, or 
                        has been paroled into the United States and is 
                        involved in an investigation, reporting, 
                        documentation, or adjudication of any matter 
                        that is related to the administration or 
                        enforcement of any treaty, law, or regulation 
                        by the Coast Guard; and
                            ``(ii) any seafarer whom the Secretary 
                        finds to have been abandoned in the United 
                        States; and
                    ``(B) to reimburse, in whole or in part, without 
                further appropriation and without fiscal year 
                limitation, from amounts in the Fund, a shipowner, who 
                has filed a bond or surety satisfactory pursuant to 
                subparagraph (A) and provide necessary support of a 
                seafarer who has been paroled into the United States to 
                facilitate an investigation, reporting, documentation, 
                or adjudication of any matter that is related to the 
                administration or enforcement of any treaty, law, or 
                regulation by the Coast Guard, for costs of necessary 
                support, when the Secretary deems reimbursement 
                necessary to avoid serious injustice.
            ``(2) Limitation.--Nothing in this section shall be 
        construed--
                    ``(A) to create a right, benefit, or entitlement to 
                necessary support; or
                    ``(B) to compel the Secretary to pay, or reimburse 
                the cost of, necessary support.
    ``(d) Reimbursements; Recovery.--
            ``(1) In general.--Any shipowner shall reimburse the Fund 
        an amount equal to the total amount paid from the Fund for 
        necessary support of the seafarer, plus a surcharge of 25 
        percent of such total amount if--
                    ``(A)(i) the shipowner, during the course of an 
                investigation, reporting, documentation, or 
                adjudication of any matter that the Coast Guard 
                referred to a United States Attorney or the Attorney 
                General, fails to provide necessary support of a 
                seafarer who has been paroled into the United States to 
                facilitate the investigation, reporting, documentation, 
                or adjudication; and
                    ``(ii) a criminal penalty is subsequently imposed 
                against the shipowner; or
                    ``(B) the shipowner, under any circumstance, 
                abandons a seafarer in the United States, as decided by 
                the Secretary.
            ``(2) Enforcement.--If a shipowner fails to reimburse the 
        Fund as required under paragraph (1) of this subsection, the 
        Secretary may--
                    ``(A) proceed in rem against any vessel of the 
                shipowner in the Federal district court for the 
                district in which such vessel is found; and
                    ``(B) withhold or revoke the clearance, required by 
                section 60105 of this title, of any vessel of the 
                shipowner wherever such vessel is found.
            ``(3) Whenever clearance is withheld or revoked pursuant to 
        paragraph (2)(B) of this subsection, clearance may be granted 
        if the shipowner reimburses the Fund the amount required under 
        paragraph (1) of this subsection.
    ``(e) Surety; Enforcement of Treaties, Laws, and Regulations.--
            ``(1) Bond and surety authority.--The Secretary is 
        authorized to require a bond or surety satisfactory as an 
        alternative to withholding or revoking clearance required under 
        section 60105 of this title if, in the opinion of the 
        Secretary, such bond or surety satisfactory is necessary to 
        facilitate an investigation, reporting, documentation, or 
        adjudication of any matter that is related to the 
        administration or enforcement of any treaty, law, or regulation 
        by the Coast Guard if the surety corporation providing the bond 
        is authorized by the Secretary of the Treasury under section 
        9305 of title 31 to provide surety bonds under section 9304 of 
        that title.
            ``(2) Application.--The authority to require a bond or a 
        surety satisfactory or to request the withholding or revocation 
        of the clearance required under section 60105 of this title 
        applies to any investigation, reporting, documentation, or 
        adjudication of any matter that is related to the 
        administration or enforcement of any treaty, law, or regulation 
        by the Coast Guard.
    ``(f) Definitions.--In this section:
            ``(1) Abandons; abandoned.--The term `abandons' or 
        `abandoned' means a shipowner's unilateral severance of ties 
        with a seafarer or the shipowner's failure to provide necessary 
        support of a seafarer.
            ``(2) Bond or surety satisfactory.--The term `bond or 
        surety satisfactory' means a negotiated instrument, the terms 
        of which may, at the discretion of the Secretary, include 
        provisions that require the shipowner to--
                    ``(A) provide necessary support of a seafarer who 
                has or may have information pertinent to an 
                investigation, reporting, documentation, or 
                adjudication of any matter that is related to the 
                administration or enforcement of any treaty, law, or 
                regulation by the Secretary;
                    ``(B) facilitate an investigation, reporting, 
                documentation, or adjudication of any matter that is 
                related to the administration or enforcement of any 
                treaty, law, or regulation by the Secretary;
                    ``(C) stipulate to certain incontrovertible facts, 
                including, but not limited to, the ownership or 
                operation of the vessel, or the authenticity of 
                documents and things from the vessel;
                    ``(D) facilitate service of correspondence and 
                legal papers;
                    ``(E) enter an appearance in United States district 
                court;
                    ``(F) comply with directions regarding payment of 
                funds;
                    ``(G) name an agent in the United States for 
                service of process;
                    ``(H) make stipulations as to the authenticity of 
                certain documents in United States district court;
                    ``(I) provide assurances that no discriminatory or 
                retaliatory measures will be taken against a seafarer 
                involved in an investigation, reporting, documentation, 
                or adjudication of any matter that is related to the 
                administration or enforcement of any treaty, law, or 
                regulation by the Secretary;
                    ``(J) provide financial security in the form of 
                cash, bond, or other means acceptable to the Secretary; 
                and
                    ``(K) provide for any other appropriate measures as 
                the Secretary considers necessary to ensure the 
                Government is not prejudiced by granting the clearance 
                required by section 60105 of this title.
            ``(3) Fund.--The term `Fund' means the Support of Seafarers 
        Fund, established pursuant to this section.
            ``(4) Necessary support.--The term `necessary support' 
        means normal wages, lodging, subsistence, clothing, medical 
        care (including hospitalization), repatriation, and any other 
        expense the Secretary deems appropriate.
            ``(5) Seafarer.--The term `seafarer' means an alien crewman 
        who is employed or engaged in any capacity on board a vessel 
        subject to the jurisdiction of the United States.
            ``(6) Shipowner.--The term `shipowner' means the individual 
        or entity that owns, has an ownership interest in, or operates 
        a vessel subject to the jurisdiction of the United States.
            ``(7) Vessel subject to the jurisdiction of the united 
        states.--The term `vessel subject to the jurisdiction of the 
        United States' has the same meaning it has in section 70502(c) 
        of this title, except that it excludes a vessel owned or 
        bareboat chartered and operated by the United States, by a 
        State or political subdivision thereof, or by a foreign nation, 
        except when that vessel is engaged in commerce.
    ``(g) Regulations.--The Secretary may prescribe regulations to 
implement this section.
    ``(h) Authorization of Appropriations.--There are authorized to be 
appropriated to the Fund $1,500,000 for each of fiscal years 2011, 
2012, and 2013.''.
    (b) Clerical Amendment.--The table of contents for chapter 111 of 
title 46, United States Code, is amended by adding at the end the 
following new item:

``11113. Protection and fair treatment of seafarers.''.

        TITLE IV--INTERNATIONAL INTERMODAL SUPPLY CHAIN SECURITY

SEC. 401. SINGLE ELECTRONIC WINDOW FOR FILING VESSEL, CREW, AND 
              PASSENGER INFORMATION.

    Within one year after the date of enactment of this Act, the 
Secretary of the department in which the Coast Guard is operating 
shall--
            (1) develop a strategic plan to prevent the unauthorized 
        importation of radioactive, chemical, biological, or nuclear 
        agents for all modal pathways coming into the country and to 
        identify and harmonize the entry document filing and entry 
        requirements where appropriate;
            (2) undertake the necessary programming changes to the 
        electronic Notice of Arrival and Departure system under subpart 
        C of part 160 of title 33, Code of Federal Regulations, so that 
        the system electronically captures all the data elements 
        collected on Form I-418 (Passenger List--Crew List) under part 
        251 of title 8, Code of Federal Regulations; and
            (3) phase-out entirely the collection of the paper Form I-
        418 from the master or agent of every vessel arriving in the 
        United States from or departing to a foreign place or an 
        outlying possession of the United States.

SEC. 402. MARITIME AND CARGO SECURITY INTEGRATED PROJECT TEAMS.

    The Secretary of Homeland Security shall--
            (1) establish integrated project teams within the science 
        and technology directorate to assist the Department of Homeland 
        Security in product research, development, transition, and 
        acquisition activities for cargo security; and
            (2) provide for participation by port authorities or the 
        appropriate State agency responsible for oversight of port 
        areas in such activities.

SEC. 403. RISK BASED ALIGNMENT OF MARITIME SECURITY SCANNING 
              REQUIREMENTS.

    Section 232 of the SAFE Port Act (6 U.S.C. 982) is amended--
            (1) by striking ``and'' in subsection (b)(1) and inserting 
        ``or'';
            (2) by striking ``2012'' in subsection (b)(2)(A) and 
        inserting ``2015'';
            (3) by inserting ``military'' in the heading for subsection 
        (b)(5) and inserting ``certain'';
            (4) by inserting ``cargo shipped by the Secretary of State 
        and transported in accordance with applicable law,'' in 
        subsection (b)(5) after ``Code,''; and
            (5) by striking ``6 months'' in subsection (c) and 
        inserting ``year''.

                    TITLE V--U.S. MARINER PROTECTION

SEC. 501. USE OF FORCE AGAINST PIRACY.

    (a) In General.--Chapter 81 of title 46, United States Code, is 
amended by adding at the end the following:
``8107. Use of force against piracy
    ``A person who uses force at sea to defend a vessel against an act 
of piracy shall not be liable for monetary damages in any action 
brought with respect to harm caused by such use of force to anyone 
engaging in such act of piracy, unless the person using such force knew 
at the time that it was substantially in excess of what was reasonable 
in defending the vessel against such act of piracy.''.
    (b) Clerical Amendment.--The table of contents for such chapter is 
amended by adding at the end the following:

``8107. Use of force against piracy''.

SEC. 502. AGREEMENTS.

    The Secretary of the department in which the Coast Guard is 
operating shall work through the International Maritime Organization to 
establish agreements to promote coordinated action among flag- and 
port-states to deter, protect against, and rapidly respond to acts of 
piracy against the vessels of, and in the waters under the jurisdiction 
of, those Nations, and to ensure limitations on liability similar to 
those established by section 8107 of title 46, United States Code.

                        TITLE VI. CREDENTIALING

SEC. 601. AUTHORIZATION TO EXTEND THE DURATION OF LICENSES, 
              CERTIFICATES OF REGISTRY, AND MERCHANT MARINERS' 
              DOCUMENTS.

    (a) Merchant Mariner Licenses and Documents.--Chapter 75 of title 
46, United States Code, is amended by adding at the end the following:
``7507. Authority to extend the duration of licenses, certificates of 
              registry, and merchant mariner documents
    ``(a) Licenses and Certificates of Registry.--Notwithstanding 
sections 7106 and 7107, the Secretary of the department in which the 
Coast Guard is operating may extend for up to one year an expiring 
license or certificate of registry issued for an individual under 
chapter 71 if the Secretary determines that extension is required--
            ``(1) to enable the Coast Guard to eliminate a backlog in 
        processing applications for those licenses or certificates of 
        registry;
            ``(2) because necessary records have been destroyed or are 
        unavailable due to a natural disaster; or
            ``(3) to align the expiration date of a license or 
        certificate of registry with the expiration date of a 
        transportation worker identification credential under section 
        70501.
    ``(b) Merchant Mariner Documents.--Notwithstanding section 7302(g), 
the Secretary may extend for one year an expiring merchant mariner's 
document issued for an individual under chapter 71 if the Secretary 
determines that extension is required--
            ``(1) to enable the Coast Guard to eliminate a backlog in 
        processing applications for those licenses or certificates of 
        registry;
            ``(2) because necessary records have been destroyed or are 
        unavailable due to a natural disaster; or
            ``(3) to align the expiration date of a license or 
        certificate of registry with the expiration date of a 
        transportation worker identification credential under section 
        70501.
    ``(c) Manner of Extension.--Any extensions granted under this 
section may be granted to individual seamen or a specifically 
identified group of seamen.
    ``(d) Expiration of Authority.--The authority for providing an 
extension under this section shall expire on December 31, 2011.''.
    (b) Clerical Amendment.--The table of contents for such chapter is 
amended by adding at the end the following:

``7507. Authority to extend the duration of licenses, certificates of 
                            registry, and merchant mariner documents''.

SEC. 602. ANIMAL-PROPELLED VESSELS.

    Notwithstanding section 70105 of title 46, United States Code, the 
Secretary of Homeland Security may 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.

                    TITLE VII--PORT SECURITY GRANTS

SEC. 701. CONTINUATION OF PILOT PROGRAM AUTHORITY.

    Section 70107(m)(2)(B) of title 46, United States Code, is amended 
by striking ``2005 through 2009'' and inserting ``2011 through 2014''.

SEC. 702. GRANTS TO TIER 1 AND TIER 2 PORTS REQUIRE REGIONAL STRATEGIC 
              RISK MANAGEMENT ASSESSMENT.

    Section 70107(a) of title 46, United States Code, is amended by 
adding at the end ``The Secretary shall establish regional strategic 
risk management priorities for tier 1 and tier 2 ports and take such 
priorities into account in awarding grants under this section.''.
                                 <all>