SEC. 1801. Short Title.
This division may be cited as the “Maritime Security Improvement Act of 2018”.
Division J — Maritime Security
DIVISION J Maritime Security
SEC. 1802. Definitions.
In this division:
Appropriate committees of congress.— The term “appropriate committees of Congress” means—
the Committee on Commerce, Science, and Transportation of the Senate;
the Committee on Homeland Security and Governmental Affairs of the Senate;
the Committee on Homeland Security of the House of Representatives; and
the Committee on Transportation and Infrastructure of the House of Representatives.
TSA.— The term “TSA” means the Transportation Security Administration.
SEC. 1803. Coordination with Tsa on Maritime Facilities.
The Secretary of Homeland Security shall—
provide the Administrator of the TSA with updates to vulnerability assessments required under section 70102(b)(3) of title 46, United States Code, to avoid any duplication of effort between the Coast Guard and the TSA; and
identify any security gaps between authorities of operating entities within the Department of Homeland Security that a threat could exploit to cause a transportation security incident (as defined in section 70101 of title 46, United States Code).
SEC. 1804. Strategic Plan to Enhance the Security of the International Supply Chain.
Section 201 of the Security and Accountability for Every Port Act of 2006 (6 U.S.C. 941) is amended—
in subsection (a), by striking “ as appropriate” and inserting “ triennially”; and
in subsection (g)—
in the heading, by striking “ Report” and inserting “ Reports”; and
by amending paragraph (2) to read as follows:
“(2) Updates.—Not later than 270 days after the date of enactment of the Maritime Security Improvement Act of 2018 and triennially thereafter, the Secretary shall submit to the appropriate congressional committees a report that contains any updates to the strategic plan under subsection (a) since the prior report.”
SEC. 1805. Cybersecurity Information Sharing and Coordination in Ports.
Maritime Cybersecurity Risk Assessment Model.— The Secretary of Homeland Security, through the Commandant of the Coast Guard and the Under Secretary responsible for overseeing the critical infrastructure protection, cybersecurity, and other related programs of the Department of Homeland Security, shall—
not later than 1 year after the date of enactment of this Act, coordinate with the National Maritime Security Advisory Committee, the Area Maritime Security Advisory Committees, and other maritime stakeholders, as necessary, to develop and implement a maritime cybersecurity risk assessment model, consistent with the activities described in section 2(e) of the National Institute of Standards and Technology Act (15 U.S.C. 272(e)), to evaluate current and future cybersecurity risks that have the potential to affect the marine transportation system or that would cause a transportation security incident (as defined in section 70101 of title 46, United States Code) in ports; and
not less than biennially thereafter, evaluate the effectiveness of the cybersecurity risk assessment model established under paragraph (1).
by redesignating paragraphs (2) through (6) as paragraphs (3) through (7), respectively; and
by inserting after paragraph (1) the following:
“(2) The term ‘cybersecurity risk’ has the meaning given the term in section 227 of the Homeland Security Act of 2002 (6 U.S.C. 148).”
National Maritime Security Advisory Committee.—
Functions.— Section 70112(a)(1)(A) of title 46, United States Code, is amended by inserting before the semicolon the following:
“(i) State, local, and tribal governments;
“(ii) relevant public safety and emergency response agencies;
“(iii) relevant law enforcement and security organizations;
“(iv) maritime industry;
“(v) port owners and operators; and
“(vi) terminal owners and operators;”
Information sharing.— The Commandant of the Coast Guard and the Under Secretary responsible for overseeing the critical infrastructure protection, cybersecurity, and other related programs of the Department of Homeland Security shall—
ensure there is a process for each Area Maritime Security Advisory Committee established under section 70112 of title 46, United States Code—
to facilitate the sharing of information related to cybersecurity risks that may cause transportation security incidents;
to timely report transportation security incidents to the national level; and
to disseminate such reports across the entire maritime transportation system via the National Cybersecurity and Communications Integration Center; and
issue voluntary guidance for the management of such cybersecurity risks in each Area Maritime Transportation Security Plan and facility security plan required under section 70103 of title 46, United States Code, approved after the date that the cybersecurity risk assessment model is developed under subsection (a) of this section.
Vulnerability Assessments and Security Plans.—
in the matter preceding subparagraph (A), by striking “ and by not later than December 31, 2004”; and
in subparagraph (C), by inserting “ security against cybersecurity risks,” after “ physical security,”.
in subsection (a)(1), by striking “ Not later than April 1, 2005, the” and inserting “ The”;
in subsection (a)(2), by adding at the end the following:
“(K) A plan to detect, respond to, and recover from cybersecurity risks that may cause transportation security incidents.”
in subsection (b)(2)—
in subparagraph (G)(ii), by striking “ ; and” and inserting a semicolon;
by redesignating subparagraph (H) as subparagraph (I); and
by inserting after subparagraph (G) the following:
“(H) include a plan for detecting, responding to, and recovering from cybersecurity risks that may cause transportation security incidents; and”
; and
in subsection (c)(3)(C)—
in clause (iv), by striking “ ; and” and inserting a semicolon;
by redesignating clause (v) as clause (vi); and
by inserting after clause (iv) the following:
“(v) detecting, responding to, and recovering from cybersecurity risks that may cause transportation security incidents; and”
Applicability.— The amendments made by this subsection shall apply to assessments or security plans, or updates to such assessments or plans, submitted after the date that the cybersecurity risk assessment model is developed under subsection (a).
Brief to Congress.— Not later than 1 year after the date of enactment of this Act, the Commandant of the Coast Guard and the Under Secretary responsible for overseeing the critical infrastructure protection, cybersecurity, and other related programs of the Department of Homeland Security shall provide to the appropriate committees of Congress a briefing on how the Coast Guard will assist in security and response in the port environment when a cyber-caused transportation security incident occurs, to include the use of cyber protection teams.
SEC. 1806. Facility Inspection Intervals.
Section 70103(c)(4)(D) of title 46, United States Code, is amended to read as follows:
“(D) subject to the availability of appropriations, periodically, but not less than one time per year, conduct a risk-based, no notice facility inspection to verify the effectiveness of each such facility security plan.”
SEC. 1807. Updates of Maritime Operations Coordination Plan.
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:
“SEC. 435. MARITIME OPERATIONS COORDINATION PLAN.
“(a) In General.—Not later than 180 days after the date of enactment of the Maritime Security Improvement Act of 2018, and biennially thereafter, the Secretary shall—
“(1) update the Maritime Operations Coordination Plan, published by the Department on July 7, 2011, to strengthen coordination, planning, information sharing, and intelligence integration for maritime operations of components and offices of the Department with responsibility for maritime security missions; and
“(2) submit each update to the Committee on Commerce, Science, and Transportation and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure and the Committee on Homeland Security of the House of Representatives.
“(b) Contents.—Each update shall address the following:
“(1) Coordinating the 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 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) Cooperating and coordinating with Federal departments and agencies, and State and local agencies, in the maritime environment, in support of maritime security missions.
“(4) Highlighting the work completed within the context of other national and Department maritime security strategic guidance and how that work fits with the Maritime Operations Coordination Plan.”
Table of Contents.— The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107–296; 116 Stat. 2136) is amended by adding after the item relating to section 434 the following:
“435. Maritime operations coordination plan.”.
SEC. 1808. Evaluation of Coast Guard Deployable Specialized Forces.
In General.— Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Commerce, Science, and Transportation and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure and the Committee on Homeland Security of the House of Representatives a report on the state of the Coast Guard’s Deployable Specialized Forces (referred to in this section as DSF).
Contents.— The report shall include, at a minimum, the following:
For each of the past 3 fiscal years, and for each type of DSF, the following:
A cost analysis, including training, operating, and travel costs.
The number of personnel assigned.
The total number of units.
The total number of operations conducted.
The number of operations requested by each of the following:
Coast Guard.
Other components or offices of the Department of Homeland Security.
Other Federal departments or agencies.
State agencies.
Local agencies.
The number of operations fulfilled in support of each entity described in clauses (i) through (v) of subparagraph (E).
An examination of alternative distributions of deployable specialized forces, including the feasibility, cost (including cost savings), and impact on mission capability of such distributions, including at a minimum the following:
Combining deployable specialized forces, primarily focused on counterdrug operations, under one centralized command.
Distributing counter-terrorism and anti-terrorism capabilities to deployable specialized forces in each major United States port.
Definition of Deployable Specialized Forces or DSF.— In this section, the term “deployable specialized forces” or “DSF” means the deployable specialized forces established under section 70106 of title 46, United States Code.
SEC. 1809. Repeal of Interagency Operational Centers for Port Security and Secure Systems of Transportation.
Interagency Operational Centers for Port Security.—
Repeal.— Section 70107A of title 46, United States Code, is repealed.
Savings clause.— A repeal made by this subsection shall not affect an interagency operational center established before the date of enactment of this Act.
Notice to congress.— The Secretary of Homeland Security shall notify the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Homeland Security and the Committee on Transportation and Infrastructure of the House of Representatives at least 1 year before ceasing operations of any interagency operational center established before the date of enactment of the Security and Accountability for Every Port Act of 2006 (Public Law 109–347; 120 Stat. 1884).
Secure Systems of Transportation.— Section 70116 of title 46, United States Code, is repealed.
Technical and Conforming Amendments.—
Table of contents.— The table of contents for chapter 701 of title 46, United States Code, is amended by striking the items relating to sections 70107A and 70116.
Report requirement.— Section 108 of the Security and Accountability for Every Port Act of 2006 (Public Law 109–347; 120 Stat. 1893) is amended by striking subsection (b) (46 U.S.C. 70107A note) and inserting the following:
“(b) [Reserved].”
SEC. 1810. Duplication of Efforts in the Maritime Domain.
GAO Analysis.— Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall—
conduct an analysis of all operations in the applicable location of—
the Air and Marine Operations of the U.S. Customs and Border Protection; and
any other agency of the Department of Homeland Security that operates air and marine assets;
in conducting the analysis under paragraph (1)—
examine the extent to which the Air and Marine Operations is synchronizing and deconflicting any duplicative flight hours or patrols with the agencies described in paragraph (1)(B); and
include a sector-by-sector analysis of any potential costs savings or other benefits that would be derived through greater coordination of flight hours and patrols; and
submit to the Secretary of Homeland Security and the appropriate committees of Congress a report on the analysis, including any recommendations.
DHS Report.— Not later than 180 days after the date the report is submitted under subsection (a)(3), the Secretary of Homeland Security shall submit to the appropriate committees of Congress a report on what actions the Secretary plans to take in response to the findings of the analysis and recommendations of the Comptroller General.
Definition of Applicable Location.— In this section, the term “applicable location” means any location in which the Air and Marine Operations of the U.S. Customs and Border Protection is based within 45 miles of a location in which any other agency of the Department of Homeland Security also operates air and marine assets.
SEC. 1811. Maritime Security Capabilities Assessments.
In General.— Subtitle C of title IV of the Homeland Security Act of 2002 (6 U.S.C. 231 et seq.), as amended by section 1807 of this Act, is further amended by adding at the end the following:
“SEC. 436. MARITIME SECURITY CAPABILITIES ASSESSMENTS.
“Not later than 180 days after the date of enactment of the Maritime Security Improvement Act of 2018, and annually thereafter, the Secretary shall submit to the Committee on Commerce, Science, and Transportation and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure and the Committee on Homeland Security of the House of Representatives, an assessment of the number and type of maritime assets and the number of personnel required to increase the Department’s maritime response rate pursuant to section 1092 of the National Defense Authorization Act for Fiscal Year 2017 (6 U.S.C. 223).”
Table of Contents.— The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107–296; 116 Stat. 2136), as amended by section 1807 of this Act, is further amended by adding after the item relating to section 435 the following:
“436. Maritime security capabilities assessments.”.
SEC. 1812. Container Security Initiative.
Section 205(l) of the Security and Accountability for Every Port Act of 2006 (6 U.S.C. 945) is amended—
by striking paragraph (2); and
in paragraph (1)—
by striking “ (1) In general.—Not later than September 30, 2007,” and inserting “ Not later than 270 days after the date of enactment of the Maritime Security Improvement Act of 2018,”; and
by redesignating subparagraphs (A) through (H) as paragraphs (1) through (8), respectively.
SEC. 1813. Maritime Border Security Review.
Definitions.— In this section:
Maritime border.— The term “maritime border” means—
the transit zone; and
the borders and territorial waters of Puerto Rico and the United States Virgin Islands.
Transit zone.— The term “transit zone” has the meaning given the term in section 1092(a) of the National Defense Authorization Act for Fiscal Year 2017 (6 U.S.C. 223(a)).
Maritime Border Threat Analysis.—
In general.— Not later than 180 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit to the appropriate committees of Congress a maritime border threat analysis that includes an identification and description of the following:
Current and potential threats posed by the individuals and groups seeking to—
enter the United States through the maritime border; or
exploit border vulnerabilities on the maritime border.
Improvements needed at United States sea ports—
to prevent terrorists and instruments of terror from entering the United States; and
to reduce criminal activity, as measured by the total flow of illegal goods and illicit drugs, related to the maritime border.
Improvements needed with respect to the maritime border—
to prevent terrorists and instruments of terror from entering the United States; and
reduce criminal activity related to the maritime border.
Vulnerabilities in law, policy, cooperation between State, territorial, and local law enforcement, or international agreements that hinder effective and efficient border security, counterterrorism, anti-human trafficking efforts, and the flow of legitimate trade with respect to the maritime border.
Metrics and performance parameters used by the Department of Homeland Security to evaluate maritime security effectiveness, as appropriate.
Analysis requirements.— In preparing the threat analysis under subsection (a), the Secretary of Homeland Security shall consider the following:
Technology needs and challenges.
Personnel needs and challenges.
The role of State, territorial, and local law enforcement in maritime border security activities.
The need for cooperation among Federal, State, territorial, local, and appropriate international law enforcement entities relating to maritime border security.
The geographic challenges of the maritime border.
The impact of Hurricanes Harvey, Irma, Maria, and Nate on general border security activities with respect to the maritime border.
Classified threat analysis.—
In general.— To the extent possible, the Secretary of Homeland Security shall submit the threat analysis under subsection (a) in unclassified form.
Classified.— The Secretary may submit a portion of the threat analysis in classified form if the Secretary determines that such form is appropriate for such portion.
SEC. 1814. Maritime Border Security Cooperation.
The Secretary of the department in which the Coast Guard is operating shall, in accordance with law—
partner with other Federal, State, and local government agencies to leverage existing technology, including existing sensor and camera systems and other sensors, in place along the maritime border to facilitate monitoring of high-risk maritime borders, as determined by the Secretary; and
subject to the availability of appropriations, enter into such agreements as the Secretary considers necessary to ensure the monitoring described in paragraph (1).
SEC. 1815. Transportation Worker Identification Credential Appeals Process.
Not later than 90 days after the date of enactment of this Act, the Secretary of Homeland Security shall transmit to the appropriate committees of Congress a report on the following:
The average completion time of an appeal under the appeals process established under section 70105(c)(4) of title 46, United States Code.
The most common reasons for any delays at each step in such process.
Recommendations on how to resolve any such delays as expeditiously as possible.
SEC. 1816. Technical and Conforming Amendments.
Study to Identify Redundant Background Records Checks.— Section 105 of the Security and Accountability for Every Port Act of 2006 (Public Law 109–347; 120 Stat. 1891) and the item relating to that section in the table of contents for that Act are repealed.
Domestic Radiation Detection and Imaging.— Section 121 of the Security and Accountability for Every Port Act of 2006 (6 U.S.C. 921) is amended—
by striking subsections (c), (d), and (e);
by redesignating subsections (f), (g), (h), and (i) as subsections (c), (d), (e), and (f), respectively; and
in subsection (e)(1)(B), as redesignated, by striking “ (and updating, if any, of that strategy under subsection (c))”.
Inspection of Car Ferries Entering From Abroad.— Section 122 of the Security and Accountability for Every Port Act of 2006 (6 U.S.C. 922) and the item relating to that section in the table of contents for that Act are repealed.
Report on Arrival and Departure Manifest for Certain Commercial Vessels in the United States Virgin Islands.— Section 127 of the Security and Accountability for Every Port Act of 2006 (120 Stat. 1900) and the item relating to that section in the table of contents for that Act are repealed.
International Cooperation and Coordination.—
In general.— Section 233 of the Security and Accountability for Every Port Act of 2006 (6 U.S.C. 983) is amended to read as follows:
“SEC. 233. INSPECTION TECHNOLOGY AND TRAINING.
“(a) In General.—The Secretary, in coordination with the Secretary of State, the Secretary of Energy, and appropriate representatives of other Federal agencies, may provide technical assistance, equipment, and training to facilitate the implementation of supply chain security measures at ports designated under the Container Security Initiative.
“(b) Acquisition and Training.—Unless otherwise prohibited by law, the Secretary may—
“(1) lease, loan, provide, or otherwise assist in the deployment of nonintrusive inspection and radiation detection equipment at foreign land and sea ports under such terms and conditions as the Secretary prescribes, including nonreimbursable loans or the transfer of ownership of equipment; and
“(2) provide training and technical assistance for domestic or foreign personnel responsible for operating or maintaining such equipment.”
Table of contents.— The table of contents in section 1(b) of the Security and Accountability for Every Port Act of 2006 (Public Law 109–347; 120 Stat. 1884) is amended by amending the item relating to section 233 to read as follows:
“Sec. 233. Inspection technology and training.”.
Pilot Program to Improve the Security of Empty Containers.— Section 235 of the Security and Accountability for Every Port Act of 2006 (6 U.S.C. 984) and the item relating to that section in the table of contents for that Act are repealed.
Security Plan for Essential Air Service and Small Community Airports.— Section 701 of the Security and Accountability for Every Port Act of 2006 (Public Law 109–347; 120 Stat. 1943) and the item relating to that section in the table of contents for that Act are repealed.
Aircraft Charter Customer and Lessee Prescreening Program.— Section 708 of the Security and Accountability for Every Port Act of 2006 (Public Law 109–347; 120 Stat. 1947) and the item relating to that section in the table of contents for that Act are repealed.