[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2831 Introduced in House (IH)]

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115th CONGRESS
  1st Session
                                H. R. 2831

 To improve the port and maritime security functions of the Department 
             of Homeland Security, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 8, 2017

 Mr. Rutherford (for himself, Mr. McCaul, and Mr. Donovan) 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 improve the port and maritime security functions of the Department 
             of Homeland 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 Security Coordination 
Improvement Act''.

SEC. 2. STRATEGIC PLAN TO ENHANCE THE SECURITY OF THE INTERNATIONAL 
              SUPPLY CHAIN.

    Paragraph (2) of section 201(g) of the Security and Accountability 
for Every Port Act of 2006 (6 U.S.C. 941(g)) is amended to read as 
follows:
            ``(2) Updates.--Not later than 270 days after the date of 
        the enactment of this paragraph and every three years 
        thereafter, the Secretary shall submit to the appropriate 
        congressional committees a report that contains an update of 
        the strategic plan required by subsection (a).''.

SEC. 3. CONTAINER SECURITY INITIATIVE.

    Subsection (l) of section 205 of the Security and Accountability 
for Every Port Act of 2006 (6 U.S.C. 945) is amended--
            (1) by striking ``(1)In general.--Not later than September 
        30, 2007,'' and inserting ``Not later than 270 days after the 
        date of the enactment of the Border and Maritime Security 
        Coordination Improvement Act,'';
            (2) by redesignating subparagraphs (A) through (H) as 
        paragraphs (1) through (8), respectively, and by moving the 
        margins of such paragraphs (as so redesignated) two ems to the 
        left; and
            (3) by striking paragraph (2).

SEC. 4. CYBER AT PORTS.

    (a) Cybersecurity Enhancements to Maritime Security Activities.--
Subparagraph (B) of section 70112(a)(2) of title 46, United States 
Code, is amended--
            (1) by redesignating clauses (i) through (iii) as clauses 
        (ii) and (iv), respectively; and
            (2) by inserting before clause (ii) the following new 
        clause:
            ``(i) shall facilitate the sharing of information relating 
        to cybersecurity risks and incidents (as such terms are defined 
        in section 227 of the Homeland Security Act of 2002 (6 U.S.C. 
        148)) to address port-specific cybersecurity risks and 
        incidents, which may include the establishment of a working 
        group of members of such committees to address such port-
        specific cybersecurity risks and incidents;''.
    (b) Vulnerability Assessments and Security Plans.--Title 46, United 
States Code, is amended--
            (1) in subparagraph (C) of section 70102(b)(1), by 
        inserting ``cybersecurity,'' after ``physical security,''; and
            (2) in subparagraph (C) of section 70103(c)(3)--
                    (A) in clause (i), by inserting ``cybersecurity,'' 
                after ``physical security,'';
                    (B) in clause (iv), by striking ``and'' after the 
                semicolon at the end;
                    (C) by redesignating clause (v) as clause (vi); and
                    (D) by inserting after clause (iv) the following 
                new clause:
    ``(v) prevention, management, and response to cybersecurity risks 
and incidents (as such terms are defined in section 227 of the Homeland 
Security Act of 2002 (6 U.S.C. 148)); and''.

SEC. 5. FACILITY INSPECTION INTERVALS.

    Subparagraph (D) of section 70103(c)(4) of title 46, United States 
Code, is amended to read as follows:
                    ``(D) subject to the availability of 
                appropriations, verify the effectiveness of each such 
                facility security plan periodically, but not less than 
                one time per year without notice, and more frequently 
                as determined necessary, in a risk based manner, with 
                or without notice to the facility.''.

SEC. 6. RECOGNITION OF OTHER COUNTRIES' TRUSTED SHIPPER PROGRAMS.

    (a) In General.--Section 218 of the Security and Accountability for 
Every Port Act of 2006 (6 U.S.C. 968) is amended to read as follows:

``SEC. 218. RECOGNITION OF OTHER COUNTRIES' TRUSTED SHIPPER PROGRAMS.

    ``Not later than 30 days before signing an arrangement between the 
United States and a foreign government providing for mutual recognition 
of supply chain security practices which might result in the 
utilization of benefits described in section 214, 215, or 216, the 
Secretary shall--
            ``(1) notify the appropriate congressional committees of 
        the proposed terms of such arrangement; and
            ``(2) determine, in consultation with the Commissioner, 
        that such foreign government's supply chain security program 
        provides comparable security as that provided by C-TPAT.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Security and Accountability for Every Port Act of 2006 is amended 
by amending the item relating to section 218 to read as follows:

``Sec. 218. Recognition of other countries' trusted shipper 
                            programs.''.

SEC. 7. UPDATES OF MARITIME OPERATIONS COORDINATION PLAN.

    (a) In General.--Subtitle C of title IV of the Homeland Security 
Act of 2002 (6 U.S.C. 231 et seq.) is amended by adding at the end the 
following new section:

``SEC. 434. UPDATES OF MARITIME OPERATIONS COORDINATION PLAN.

    ``Not later than 180 days after the date of the enactment of this 
section and biennially thereafter, the Secretary shall submit to the 
Committee on Homeland Security and the Committee on Transportation and 
Infrastructure of the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs of the Senate a maritime 
operations coordination plan for the coordination and cooperation of 
maritime operations undertaken by components and offices of the 
Department with responsibility for maritime security missions. Such 
plan shall update the maritime operations coordination plan released by 
the Department in July 2011, and shall address the following:
            ``(1) Coordination of planning, integration of maritime 
        operations, and development of joint maritime domain awareness 
        efforts of any component or office of the Department with 
        responsibility for maritime homeland security missions.
            ``(2) Maintaining effective information sharing and, as 
        appropriate, intelligence integration, with Federal, State, and 
        local officials and the private sector, regarding threats to 
        maritime security.
            ``(3) Cooperation and coordination with other departments 
        and agencies of the Federal Government, and State and local 
        agencies, in the maritime environment, in support of maritime 
        homeland security missions.
            ``(4) Work conducted within the context of other national 
        and Department maritime security strategic guidance.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 is amended by adding after the item 
relating to section 433 the following new item:

``Sec. 434. Updates of maritime operations coordination plan.''.

SEC. 8. EVALUATION OF COAST GUARD DEPLOYABLE SPECIALIZED FORCES.

    (a) In General.--Not later than one year after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall submit to the Committee on Homeland Security and the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Homeland Security and Governmental Affairs and the 
Committee on Commerce, Science, and Transportation of the Senate a 
report that describes and assesses the state of the Coast Guard's 
Deployable Specialized Forces (in this section referred to as the 
``DSF''). Such report shall include, at a minimum, the following 
elements:
            (1) For each of the past three fiscal years, and for each 
        type of DSF, the following:
                    (A) A cost analysis, including training, operating, 
                and travel costs.
                    (B) The number of personnel assigned.
                    (C) The total number of units.
                    (D) The total number of operations conducted.
                    (E) The number of operations requested by each of 
                the following:
                            (i) The Coast Guard.
                            (ii) Other components or offices of the 
                        Department of Homeland Security.
                            (iii) Other Federal departments or 
                        agencies.
                            (iv) State agencies.
                            (v) Local agencies.
                    (F) The number of operations fulfilled by the 
                entities specified in subparagraph (E).
            (2) An examination of alternative distributions of DSFs, 
        including the feasibility, cost (including cost savings), and 
        impact on mission capability of such distributions, including 
        at a minimum the following:
                    (A) Combining DSFs, primarily focused on 
                counterdrug operations, under one centralized command.
                    (B) Distributing counter-terrorism and anti-
                terrorism capabilities to DSFs in each major United 
                States port.
    (b) Deployable Specialized Force Defined.--In this section, the 
term ``Deployable Specialized Force'' means a unit of the Coast Guard 
that serves as a quick reaction force designed to be deployed to handle 
counter-drug, counter-terrorism, and anti-terrorism operations or other 
maritime threats to the United States.

SEC. 9. COST BENEFIT ANALYSIS OF CO-LOCATING DHS ASSETS.

    (a) In General.--For any location in which U.S. Customs and Border 
Protection's Office of Air and Marine Operations is based within 45 
miles of locations where any other Department of Homeland Security 
agency also operates air and marine assets, the Secretary of Homeland 
Security shall conduct a cost-benefit analysis to consider the 
potential cost of and savings derived from co-locating aviation and 
maritime operational assets of the Office of Air and Marine Operations 
at facilities where other agencies of the Department operate such 
assets. In analyzing such potential cost savings achieved by sharing 
aviation and maritime facilities, such analysis shall consider, at a 
minimum, the following factors:
            (1) Potential enhanced cooperation derived from Department 
        personnel being co-located.
            (2) Potential costs of, and savings derived through, shared 
        maintenance and logistics facilities and activities.
            (3) Joint use of base and facility infrastructure, such as 
        runways, hangars, control towers, operations centers, piers and 
        docks, boathouses, and fuel depots.
            (4) Potential operational costs of co-locating aviation and 
        maritime assets and personnel.
            (5) Short-term moving costs required in order to co-locate 
        facilities.
            (6) Acquisition and infrastructure costs for enlarging 
        current facilities, as needed.
    (b) Report.--Not later than one year after the date of the 
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 Homeland Security and Governmental Affairs of the 
Senate a report summarizing the results of the cost-benefit analysis 
required under subsection (a) and any planned actions based upon such 
results.

SEC. 10. REPEAL OF INTERAGENCY OPERATIONAL CENTERS FOR PORT SECURITY 
              AND SECURE SYSTEMS OF TRANSPORTATION.

    Sections 70107A and 70116 of title 46, United States Code, are 
repealed.

SEC. 11. CONFORMING AND CLERICAL AMENDMENTS.

    (a) Sections.--The following provisions of the Security and 
Accountability for Every Port Act of 2006 (Public Law 109-347) are 
amended as follows:
            (1) By striking section 105.
            (2) By redesignating sections 106 and 107 as sections 105 
        and 106, respectively.
            (3) By striking section 108.
            (4) By redesignating sections 109 and 110 as sections 107 
        and 108, respectively.
            (5) In section 121 (6 U.S.C. 921)--
                    (A) by striking subsections (c), (d), and (e); and
                    (B) by redesignating subsections (f), (g), (h), and 
                (i) as subsections (c), (d), (e), and (f), 
                respectively.
            (6) By striking sections 122 and 127 (6 U.S.C. 922 and 
        927).
            (7) By redesignating sections 123, 124, 125, 126, and 128 
        as sections 122, 123, 124, 125, and 126, respectively.
            (8) In section 233 (6 U.S.C. 983), by striking subsection 
        (c).
            (9) By striking section 235 (6 U.S.C. 984).
            (10) By redesignating section 236 as section 235.
            (11) By striking sections 701 and 708 (and the item 
        relating to such section in the table of contents of such Act).
            (12) By redesignating sections 702, 703, 704, 705, 706, 
        707, and 709 as sections 701, 702, 703, 704, 705, 706, and 707, 
        respectively.
    (b) Table of Contents.--
            (1) Security and accountability for every port act of 
        2006.--The table of contents of the Security and Accountability 
        for Every Port Act of 2006 (Public Law 109-347) is amended as 
        follows:
                    (A) In the list of items relating to subtitle A of 
                title I, by striking the items relating to sections 105 
                through 110 and inserting the following new items:

``Sec. 105. Prohibition of issuance of transportation security cards to 
                            persons convicted of certain felonies.
``Sec. 106. Long-range vessel tracking.
``Sec. 107. Notice of arrival for foreign vessels on the Outer 
                            Continental Shelf.
``Sec. 108. Enhanced crewmember identification.''.
                    (B) In the list of items relating to subtitle C of 
                title I, by striking the items relating to sections 122 
                through 128 and inserting the following new items:

``Sec. 122. Random searches of containers.
``Sec. 123. Work stoppages and employee-employer disputes.
``Sec. 124. Threat assessment screening of port truck drivers.
``Sec. 125. Border Patrol unit for United States Virgin Islands.
``Sec. 126. Center of Excellence for Maritime Domain Awareness.''.
                    (C) In the list of items relating to subtitle C of 
                title II, by striking the items relating to sections 
                235 and 236 and inserting the following new item:

``Sec. 235. Information sharing relating to supply chain security 
                            cooperation.''.
                    (D) In the list of items relating to title VII, by 
                striking the items relating to sections 701 through 709 
                and inserting the following new items:

``Sec. 701. Disclosures regarding homeland security grants.
``Sec. 702. Trucking security.
``Sec. 703. Air and Marine Operations of the Northern Border Air Wing.
``Sec. 704. Phaseout of vessels supporting oil and gas development.
``Sec. 705. Coast Guard property in Portland, Maine.
``Sec. 706. Methamphetamine and methamphetamine precursor chemicals.
``Sec. 707. Protection of health and safety during disasters.''.
            (2) Title 46.--In the list of items relating to the 
        analysis for chapter 701 of title 46, United States Code, by 
        striking the items relating to sections 70107A and 70116.
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