Coast Guard Authorization Bill Goes to President, Has TWIC, Other Provisions

The House and Senate have passed identical versions of H.R. 3619² and the bill is now awaiting approval (enactment) by the President.

Port security provisions (Title VIII) in H.R. 3619 cover Transportation Worker Identification Credential (TWIC), hazardous cargo, Customs-Trade Partnership Against Terrorism/Container Security Initiative assessments, etc.

Transportation Security Credentialing Provisions

Add’l locations for TWIC fingerprints. The DHS Secretary would be required, within 180 days of enactment, to allow individuals that need to be fingerprinted to obtain a TWIC to do so at any DHS-operated or contracted facilities that fingerprints the public.

Limiting need for TWICs in secure vessel areas. 46 USC 70105(b)(2) would be amended to limit the TWIC requirement for (i) an individual issued a license, certificate of registry, or merchant mariners document and (ii) an individual engaged on a towing vessel that pushes, pulls, or hauls alongside tank vessel, to those allowed unescorted access to a secure area designated in a vessel security plan approved under 46 USC Section 70103.

Access with escort if TWIC pending. The DHS Secretary would be required to coordinate with owners/operators to allow an individual that has a pending TWIC application or is waiting for reissuance of a TWIC who needs to perform work in a secure/restricted area to have access to such area if escorted by another individual who holds a TWIC.

On-site activation with readers. The DHS Secretary would be required to permit the receipt and activation of TWIC cards at any vessel or facility described in 46 USC 70105(a) that desires such capability, not later than one year after the date of publication of final regulations requiring the deployment of TWIC readers.

Alternative to fingerprinting. The DHS Secretary would be authorized to use a secondary authentication system to verify the identification of TWIC holders when fingerprints are not able to be taken or read.

Assessment of TWIC enrollment sites. The DHS Secretary would be required to prepare an assessment of TWIC enrollment sites. The assessment would be due not later than 180 days after enactment.

GAO report on duplicative checks. The Government Accountability Office would be required to submit to Congress a report which (i) reviews background checks and forms of identification required under state and local transportation programs, (ii) determines whether they are duplicative or conflicting with federal programs, and (iii) provides recommendations on reducing duplication. The report would be due not later than one year after enactment.

Speeding up TWIC processing times. The DHS Secretary would be required to review an initial TWIC application and respond to the applicant within 30 days after receipt of the initial application. The Secretary would also be required, to the greatest extent practicable, to review and respond to TWIC applicant appeal and waiver requests within 30 days after receipt of the applicant’s appeal or waiver written request. For a TWIC applicant that is required to submit additional information for an appeal or waiver determination, the Secretary would be required to send a written decision, to the greatest extent practicable, within 30 days after receipt of all requested information.

Assessment of TWIC access control technologies. The DHS Secretary would be required to submit to Congress an assessment of the pilot of TWIC access control technologies at port facilities and vessels nationwide within 120 days of its completion. The GAO would be required to review the assessment and submit recommendations to Congress.

Receipt of TWICs at home, etc. The GAO would be required to submit to Congress a report assessing the costs, technical feasibility, and security measures associated with allowing an applicant the option of receiving a TWIC at his place of residence or at a chosen enrollment center. The report would be due within 180 days after the date of enactment.

If GAO’s report finds that secure receipt at an individual’s residence is feasible, the DHS Secretary would be required to implement a process to receive the TWIC at his place of residence or chosen enrollment center within 1 year after the date of issuance of report. The individual would be responsible for any additional cost associated with the secure delivery of a TWIC.

Harmonizing security card expirations. The DHS Secretary would be allowed to extend the expiration of a TWIC card for up to one year to align the expiration with the expiration of a required license, certificate of registry, or merchant mariner document.

Hazardous Cargo Provisions

Waterside security of especially hazardous cargo. The DHS Secretary would be required to (i) initiate a national study to identify measures to improve the security of maritime transportation of especially hazardous cargo; and (ii) coordinate with other agencies and officials to evaluate the waterside security of vessels carrying, and waterfront facilities handling, especially hazardous cargo³.

Enforcement. The Coast Guard would be responsible for the enforcement of a Federal security zone established around a vessel containing especially hazardous cargo.

Report on national study. DHS would be required to submit a report to Congress on the results of the national study within a year of enactment.

National security strategy. The DHS Secretary would also be required, not later than 6 months after submission of the report to Congress, to develop a national strategy for the waterside security of vessels and waterfront facilities handling especially dangerous cargo.

Training and credentialing. The Coast Guard would be required to establish national standards for the training and credentialing of law enforcement personnel to enforce such security zones.

Port Assessment Coordination, Canine Teams, Etc. Provisions

Coordination of CSI, C-TPAT, foreign port assessments. The DHS Secretary would be required, to the extent practicable, to conduct the assessments required by the following statutes 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 USC 945, Container Security Initiative)

(2) Section 213 of that Act (6 USC 964, Tier 1 C-TPAT participants)

(3) 46 USC Section 70108 (Foreign Port Assessments)

(The above would not be construed to affect or diminish the DHS Secretary’s authority or discretion to conduct a foreign port assessment at any time, etc.)

Congress would have to be notified whenever the DHS Secretary conducts 2 or more assessments of the same port within a 3-year period.

Increased number of canine teams. Not later than one year after the date of enactment, and subject to the availability of appropriations, the DHS Secretary would be required to begin to increase the number of canine detection teams for maritime security by no fewer than 10 teams annually through FY 2012. Deployment of the teams would be based on risk, consistent with the Security and Accountability for Every (SAFE) Port Act of 2006.

Owners and operators of port facilities, oceangoing cargo vessels, etc. would be encouraged to strengthen security through the use of highly trained detection canine teams.

Mobile biometric ID of terrorists, etc. Within one year of enactment, the DHS Secretary would have to conduct a maritime program for the mobile biometric identification of suspected individuals, including terrorists, to enhance border security and for other purposes. The GAO would also be required to conduct a study on emerging biometric capabilities.

Co-location of USCG, CBP, etc. at port security centers. The DHS Secretary would be directed to co-locate Coast Guard, U.S. Customs and Border Protection, Immigration and Customs Enforcement, etc., where practicable, at the interagency operational centers for port security at high-priority ports.

Deployable, specialized forces at ports. The DHS Secretary would be required to establish deployable specialized forces of varying capabilities to safeguard the public and protect vessels, harbors, ports, facilities, and cargo in U.S. waters from destruction, loss or injury from crime, or sabotage due to terrorist activity, and to respond to such activity in accordance with Maritime Transportation Security Plan requirements in 46 USC Section 70103.

Foreign port inspections. 46 USC 70108 would be amended to state that the absence of an inspection of a foreign port would not bar the DHS Secretary from making a finding that a port in a foreign country does not maintain effective antiterrorism measures.

The criteria in 46 USC 70109(a) and 70110(a) would be amended to require certain actions be taken unless the DHS Secretary finds that a foreign port maintains effective antiterrorism measures (instead of if the Secretary finds that a foreign port does not maintain effective antiterrorism measures).

Assistance to foreign ports, facilities. The DHS Secretary would be allowed to lend, lease, donate, or otherwise provide equipment and provide equipment and technical training to foreign port/facility owners and operators to (i) bring the port or facility into compliance with International Ship and Port Facility Code standards; and (ii) correct identified deficiencies. See bill text for restrictions on this assistance.

The DHS Secretary would be required to establish a strategic plan to utilize those assistance programs to assist ports and facilities that are found by the DHS Secretary not to maintain effective antiterrorism measures in the implementation of port security antiterrorism measures.

Integration of facility and USCG, state, and local agency security plans. The owner or operator of a facility would be required to (i) make a current copy of its vulnerability assessment available to the port authority and appropriate State or local law enforcement agencies; and (ii) integrate, to the maximum extent practical, any security system for the facility with compatible systems operated or maintained by the appropriate State, law enforcement agencies, and the Coast Guard.

Area transportation security incident mitigation plans. The description of area transportation security incident mitigation plans would be amended to state that such plans establish area response and recovery protocols for transportation security incidents, consistent with the SAFE Port Act, etc.

National standard for risk based resource allocation. Within 1 year after the date of enactment, the DHS Secretary would be required to develop and utilize a national standard and formula for prioritizing and addressing assessed security risks at U.S. ports and facilities on or adjacent to U.S. waterways, such as the Maritime Security Risk Assessment Model that has been tested by DHS. See bill text for details on how this standard would be used.

America’s Waterway Watch program. The DHS Secretary would be required to seek the cooperation of the commercial and recreational boating industries and the public in improving awareness of, and reporting potential terrorist activities in, the maritime domain.

Note - Also included in Title VIII, but not summarized above, are provisions for port security training and certification, seamen’s shoreside access, assessment of the feasibility of efforts to mitigate the threat of small boat attack in major ports, etc.

¹Authorization legislation can establish, continue, or modify an agency or program for a fixed or indefinite period of time. It may also set forth the duties and functions of an agency or program, its organizational structure, and the responsibilities of agency or program officials. Such legislation also authorizes the enactment of appropriations for an agency or program. However, separate appropriations legislation is needed to actually fund an agency and provide it with budget authority.

²H.R. 3619 was passed by the House on October 23, 2009 and amended and passed by the Senate on May 7, 2010. The House and Senate completed the process of resolving their differences over their separate versions of H.R. 3619 and both passed identical versions of H.R. 3619 in late September 2010.

³H.R. 3619 defines especially hazardous cargo as anhydrous ammonia, ammonium nitrate, chlorine, liquefied natural gas, liquefied petroleum gas, and any other substance, material, or group or class of material, in a particular amount and form that the DHS Secretary determines by regulation poses a significant risk of creating a transportation security incident while being transported in maritime commerce.

(See ITT’s Online Archives or 10/28/10 news, 09102820, for BP summary of House passage of H.R. 3619. See ITT’s Online Archives or 09/30/10 news, 10093002, for BP Summary of House Homeland Security Committee Chair’s statement urging Senate passage of the amended H.R. 3619.)