IIB 

112TH CONGRESS 

2D SESSION H. R. 4251 

IN THE SENATE OF THE UNITED STATES 

JUNE 29, 2012 

Received; read twice and referred to the Committee on Commerce, Science, 

and Transportation 

AN ACT 

To authorize, enhance, and reform certain port security programs through increased efficiency and risk-based coordination within the Department of Homeland Security, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Securing Maritime Ac3 tivities through Risk-based Targeting for Port Security 

4 Act’’ or the ‘‘SMART Port Security Act’’. 

5 SEC. 2. TABLE OF CONTENTS. 

6 The table of contents for this Act is the following: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. Definitions. 

TITLE I—DEPARTMENT OF HOMELAND SECURITY PORT 

SECURITY PROGRAMS 

Sec. 101. Updates of maritime operations coordination plan. 

Sec. 102. U.S. Customs and Border Protection Office of Air and Marine Asset 

Deployment. 

Sec. 103. Cost-benefit analysis of co-locating operational entities. 

Sec. 104. Study of maritime security redundancies. 

Sec. 105. Acquisition and strategic sourcing of marine and aviation assets. 

Sec. 106. Port security grant program management. 

Sec. 107. Port security grant funding for mandated security personnel. 

Sec. 108. Interagency operational centers for port security. 

Sec. 109. Report on DHS aviation assets. 

Sec. 110. Small vessel threat analysis. 

Sec. 111. U.S. Customs and Border Protection workforce plan. 

Sec. 112. Integrated cross-border maritime operations between the United 

States and Canada. 

Sec. 113. Training and certification of training for port security. 

Sec. 114. Northern border unmanned aerial vehicle pilot project. 

Sec. 115. Recognition of port security assessments conducted by other entities. 

Sec. 116. Use of port security grant funds for replacement of security equipment or facilities. 

TITLE II—MARITIME SUPPLY CHAIN SECURITY 

Sec. 201. Strategic plan to enhance the security of the international supply 

chain. 

Sec. 202. Customs-Trade Partnership Against Terrorism. 

Sec. 203. Recognition of other countries’ trusted shipper programs. 

Sec. 204. Pilot program for inclusion of non-asset based third party logistics 

providers in the Customs-Trade Partnership Against Terrorism. 

Sec. 205. Transportation Worker Identification Credential process reform. 

Sec. 206. Expiration of certain transportation worker identification credentials. 

Sec. 207. Securing the Transportation Worker Identification Credential against 

use by unauthorized aliens. 

Sec. 208. Report on Federal transportation security credentialing programs. 


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1 SEC. 3. DEFINITIONS. 

2 In this Act: 

3 (1) APPROPRIATE CONGRESSIONAL COMMIT4 TEES.—The term ‘‘appropriate congressional com5 mittees’’ has the meaning given such term in section 

6 2 of the Homeland Security Act of 2002 (6 U.S.C. 

7 101). 

8 (2) DEPARTMENT.—The term ‘‘Department’’ 

9 means the Department of Homeland Security. 

10 (3) FUNCTION.—The term ‘‘function’’ includes 

11 authorities, powers, rights, privileges, immunities, 

12 programs, projects, activities, duties, and respon13 sibilities. 

14 (4) LOCAL GOVERNMENT.—The term ‘‘local 

15 government’’ means— 

16 (A) a county, municipality, city, town, 

17 township, local public authority, school district, 

18 special district, intrastate district, council of 

19 governments (regardless of whether the council 

20 of governments is incorporated as a nonprofit 

21 corporation under State law), regional or inter22 state government entity, or agency or instru23 mentality of a local government; 

24 (B) an Indian tribe or authorized tribal or25 ganization, or in Alaska a Native village or 

26 Alaska Regional Native Corporation; and 


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1 (C) a rural community, unincorporated 

2 town or village, or other public entity. 

3 (5) PERSONNEL.—The term ‘‘personnel’’ means 

4 officers and employees. 

5 (6) SECRETARY.—The term ‘‘Secretary’’ means 

6 the Secretary of Homeland Security. 

7 (7) STATE.—The term ‘‘State’’ means any 

8 State of the United States, the District of Columbia, 

9 the Commonwealth of Puerto Rico, the United 

10 States Virgin Islands, Guam, American Samoa, the 

11 Commonwealth of the Northern Mariana Islands, 

12 and any possession of the United States. 

13 (8) TERRORISM.—The term ‘‘terrorism’’ has 

14 the meaning given such term in section 2 of the 

15 Homeland Security Act of 2002 (6 U.S.C. 101). 

16 (9) UNITED STATES.—The term ‘‘United 

17 States’’, when used in a geographic sense, means 

18 any State of the United States, the District of Co19 lumbia, the Commonwealth of Puerto Rico, the Vir20 gin Islands, Guam, American Samoa, the Common21 wealth of the Northern Mariana Islands, any posses22 sion of the United States, and any waters within the 

23 jurisdiction of the United States. 


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1 TITLE I—DEPARTMENT OF 

2 HOMELAND SECURITY PORT 

3 SECURITY PROGRAMS 

4 SEC. 101. UPDATES OF MARITIME OPERATIONS COORDINA5 TION PLAN. 

6 (a) IN GENERAL.—Not later than July 1, 2014, the 

7 Secretary shall submit to the appropriate congressional 

8 committees a maritime operations coordination plan for 

9 the coordination and cooperation of maritime operations 

10 undertaken by the agencies within the Department. Such 

11 plan shall update the maritime operations coordination 

12 plan released by the Department in July 2011, and shall 

13 address the following: 

14 (1) Coordination of planning, integration of 

15 maritime operations, and development of joint situa16 tional awareness of any office or agency of the De17 partment with responsibility for maritime homeland 

18 security missions. 

19 (2) Maintaining effective information sharing 

20 and, as appropriate, intelligence integration, with 

21 Federal, State, and local officials and the private 

22 sector, regarding threats to maritime security. 

23 (3) Leveraging existing departmental coordina24 tion mechanisms, including the Interagency Oper25 ational Centers, as authorized under section 70107A 


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1 of title 46, United States Code, the U.S. Customs 

2 and Border Protection Air and Marine Operations 

3 Center, the U.S. Customs and Border Protection 

4 Operational Integration Center, and other regional 

5 maritime operational command centers. 

6 (4) Cooperation and coordination with other 

7 agencies of the Federal Government, and State and 

8 local agencies, in the maritime environment, in sup9 port of maritime homeland security missions. 

10 (5) Work conducted within the context of other 

11 national and Department maritime security strategic 

12 guidance. 

13 (b) ADDITIONAL UPDATES.—Not later than July 1, 

14 2019, the Secretary, acting through the Department’s Of15 fice of Operations Coordination and Planning, shall sub16 mit to the appropriate congressional committees an addi17 tional update to the maritime operations coordination 

18 plan. 

19 SEC. 102. U.S. CUSTOMS AND BORDER PROTECTION OFFICE 

20 OF AIR AND MARINE ASSET DEPLOYMENT. 

21 (a) IN GENERAL.—Any new asset deployment by the 

22 U.S. Customs and Border Protection’s Office of Air and 

23 Marine, following the date of the enactment of this Act, 

24 shall, to the greatest extent practicable, occur in accord25 ance with a risk-based assessment that considers mission 


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1 needs, performance results, threats, costs, and any other 

2 relevant factors identified by the Secretary. Specific fac3 tors to be included in such assessment shall include, at 

4 a minimum, the following: 

5 (1) Mission requirements that prioritize the 

6 operational needs of field commanders to secure the 

7 United States border and ports. 

8 (2) Other Department assets available to help 

9 address any unmet border and port security mission 

10 needs. 

11 (3) Risk analysis showing positioning of the 

12 asset at issue to respond to intelligence on emerging 

13 terrorist and other threats. 

14 (4) Cost-benefit analysis showing the relative 

15 ability to use the asset at issue in the most cost-ef16 fective way to reduce risk and achieve mission suc17 cess. 

18 (b) CONSIDERATIONS.—An assessment required 

19 under subsection (a) shall consider applicable Federal 

20 guidance, standards, and agency strategic and perform21 ance plans, including the following: 

22 (1) The most recent Departmental Quadrennial 

23 Homeland Security Review, and any follow-up guid24 ance related to such Review. 


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1 (2) The Department’s Annual Performance 

2 Plans. 

3 (3) Department policy guiding use of integrated 

4 risk management in resource allocation decisions. 

5 (4) Department and U.S. Customs and Border 

6 Protection Strategic Plans and Resource Deploy7 ment Plans. 

8 (5) Applicable aviation guidance from the De9 partment, including the DHS Aviation Concept of 

10 Operations. 

11 (6) Other strategic and acquisition guidance 

12 promulgated by the Federal Government as the Sec13 retary determines appropriate. 

14 (c) AUDIT AND REPORT.—The Inspector General of 

15 the Department shall biennially audit the deployment of 

16 new assets within U.S. Customs and Border Protection’s 

17 Office of Air and Marine and submit to the appropriate 

18 congressional committees a report on the compliance of 

19 the Department with the requirements of this section. 

20 SEC. 103. COST-BENEFIT ANALYSIS OF CO-LOCATING OPER21 ATIONAL ENTITIES. 

22 (a) IN GENERAL.—For all locations in which U.S. 

23 Customs and Border Protection’s Office of Air and Marine 

24 operates that are within 25 miles of locations where any 

25 other Department agency also operates air and marine asVerDate Mar 15 2010 05:52 Jun 30, 2012 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H4251.RFS H4251

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1 sets, the Secretary shall conduct a cost-benefit analysis to 

2 consider the potential cost of and savings derived from co3 locating aviation and maritime operational assets of the 

4 different agencies of the Department. In analyzing the po5 tential cost savings achieved by sharing aviation and mari6 time facilities, the study shall consider at a minimum the 

7 following factors: 

8 (1) Potential enhanced cooperation derived 

9 from Department personnel being co-located. 

10 (2) Potential cost of, and savings derived 

11 through, shared maintenance and logistics facilities 

12 and activities. 

13 (3) Joint use of base and facility infrastructure, 

14 such as runways, hangars, control towers, operations 

15 centers, piers and docks, boathouses, and fuel de16 pots. 

17 (4) Short term moving costs required in order 

18 to co-locate facilities. 

19 (5) Acquisition and infrastructure costs for en20 larging current facilities as needed. 

21 (b) REPORT.—Not later than one year after the date 

22 of the enactment of this Act, the Secretary shall submit 

23 to the appropriate congressional committees a report sum24 marizing the results of the cost-benefit analysis required 


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1 under subsection (a) and any planned actions based upon 

2 such results. 

3 SEC. 104. STUDY OF MARITIME SECURITY REDUNDANCIES. 

4 The Comptroller General of the United States shall 

5 by not later than 1 year after the date of enactment of 

6 this Act— 

7 (1) conduct a review of port security and mari8 time law enforcement operations within the Depart9 ment to identify initiatives and programs with dupli10 cative, overlapping, or redundant goals and activi11 ties, including the cost of such duplication; and 

12 (2) submit to the appropriate congressional 

13 committees a report on the findings of the study, in14 cluding— 

15 (A) recommendations for consolidation, 

16 elimination, or increased cooperation to reduce 

17 unnecessary duplication found in the study; and 

18 (B) an analysis of personnel, maintenance, 

19 and operational costs related to unnecessarily 

20 duplicative, overlapping, or redundant goals and 

21 activities found in the study. 

22 SEC. 105. ACQUISITION AND STRATEGIC SOURCING OF MA23 RINE AND AVIATION ASSETS. 

24 (a) IN GENERAL.—Before initiating the acquisition 

25 of any new boat or aviation asset, the Secretary shall coVerDate Mar 15 2010 05:52 Jun 30, 2012 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H4251.RFS H4251

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1 ordinate across the agencies of the Department, as appro2 priate, to— 

3 (1) identify common mission requirements be4 fore initiating a new acquisition program; and 

5 (2) standardize, to the extent practicable, 

6 equipment purchases, streamline the acquisition 

7 process, and conduct best practices for strategic 

8 sourcing to improve control, reduce cost, and facili9 tate oversight of asset purchases prior to issuing a 

10 Request for Proposal. 

11 (b) ESTABLISHMENT OF AVIATION AND MARITIME

12 COORDINATION MECHANISM.—Not later than 180 days 

13 after the date of the enactment of this Act, the Secretary 

14 shall establish a coordinating mechanism for aviation and 

15 maritime issues, including issues related to the acquisi16 tion, administration, operations, maintenance, and joint 

17 management across the Department, in order to decrease 

18 procurement and operational costs and increase effi19 ciencies. 

20 (c) SPECIAL RULE.—For the purposes of this section, 

21 a boat shall be considered any vessel less than 65 feet in 

22 length. 

23 SEC. 106. PORT SECURITY GRANT PROGRAM MANAGEMENT. 

24 (a) DETERMINATION OF APPLICATIONS.—Section 

25 70107(g) of title 46, United States Code, is amended— 


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1 (1) by striking ‘‘Any entity’’ and inserting the 

2 following: 

3 ‘‘(1) IN GENERAL.—Any entity’’; and 

4 (2) by adding at the end the following: 

5 ‘‘(2) DETERMINATION.—Notwithstanding any 

6 other provision of law, the Secretary shall, not later 

7 than 60 days after the date on which an applicant 

8 submits a complete application for a grant under 

9 this section, either approve or disapprove the appli10 cation.’’. 

11 (b) ADMINISTRATION OF COST SHARE DETERMINA12 TIONS.—Section 70107(c)(2) of title 46, United States 

13 Code, is amended— 

14 (1) by striking subparagraph (B) and inserting 

15 the following: 

16 ‘‘(B) HIGHER LEVEL OF SUPPORT RE17 QUIRED.—If the Secretary or the Secretary’s 

18 designee determines that a proposed project 

19 merits support and cannot be undertaken with20 out a higher rate of Federal support, then the 

21 Secretary or the Secretary’s designee may ap22 prove grants under this section for that project 

23 with a matching requirement other than that 

24 specified in paragraph (1).’’; and 


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1 (2) by inserting after subparagraph (C) the fol2 lowing: 

3 ‘‘(D) COST SHARE DETERMINATIONS.— 

4 Notwithstanding any other provision of law, not 

5 later than 60 days after the date on which an 

6 applicant submits a complete application for a 

7 matching requirement waiver under this para8 graph the Secretary shall either approve or dis9 approve the application.’’. 

10 (c) ADMINISTRATION.—Section 70107(i) of title 46, 

11 United States Code, is amended by adding after para12 graph (4) the following: 

13 ‘‘(5) RELEASE OF FUNDS.—To the maximum 

14 extent practicable, the Secretary shall complete all 

15 necessary programmatic reviews and release grant 

16 funds awarded under this section to the appropriate 

17 entity not later than 180 days after the date on 

18 which an applicant submits a complete application. 

19 ‘‘(6) PERFORMANCE PERIOD.—The Secretary 

20 shall utilize a period of performance of not less than 

21 3 years for expenditure of grant funds awarded 

22 under this section. 

23 ‘‘(7) EXTENSION DETERMINATIONS.—Notwith24 standing any other provision of law, not later than 

25 60 days after the date on which an applicant subVerDate Mar 15 2010 05:52 Jun 30, 2012 Jkt 019200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H4251.RFS H4251

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1 mits a complete application for an extension of the 

2 period of performance for a grant, the Secretary 

3 shall either approve or disapprove the application.’’. 

4 SEC. 107. PORT SECURITY GRANT FUNDING FOR MAN5 DATED SECURITY PERSONNEL. 

6 Section 70107(b)(1) of title 46, United States Code, 

7 is amended by striking the period and inserting the fol8 lowing: ‘‘, including overtime and backfill costs incurred 

9 in support of other expenditures authorized under this 

10 subsection, except that not more than 50 percent of 

11 amounts received by a grantee under this section for a 

12 fiscal year may be used under this paragraph.’’. 

13 SEC. 108. INTERAGENCY OPERATIONAL CENTERS FOR 

14 PORT SECURITY. 

15 (a) PARTICIPATING PERSONNEL.—Section 

16 70107A(b)(1)(B) of title 46, United States Code, is 

17 amended— 

18 (1) by inserting ‘‘, not less than part-time rep19 resentation from U. S. Customs and Border Protec20 tion and U.S. Immigration and Customs Enforce21 ment,’’after ‘‘the Coast Guard’’; and 

22 (2) by striking ‘‘the United States Customs and 

23 Border Protection, the United States Immigration 

24 and Customs Enforcement,’’. 


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1 (b) ASSESSMENT.—Not later than one year after the 

2 date of enactment of this Act the Secretary (as that term 

3 is used in that section) shall transmit to the appropriate 

4 congressional committees an assessment of— 

5 (1) interagency operational centers under such 

6 section and the implementation of the amendments 

7 made by this section; 

8 (2) participation in such centers and by Federal 

9 agencies, State and local law enforcement agencies, 

10 port security agencies, and other public and private 

11 sector entities, including joint daily operational co12 ordination, training and certifying of non-Federal 

13 law enforcement personnel, and joint training exer14 cises; 

15 (3) deployment of interoperable communications 

16 equipment under subsection (e) of such section, in17 cluding— 

18 (A) an assessment of the cost-effectiveness 

19 and utility of such equipment for Federal agen20 cies, State and local law enforcement agencies, 

21 port security agencies, and other public and pri22 vate sector entities; 

23 (B) data showing which Federal agencies, 

24 State and local law enforcement agencies, port 


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1 security agencies, and other public and private 

2 sector entities are utilizing such equipment; 

3 (C) an explanation of the process in place 

4 to obtain and incorporate feedback from Fed5 eral agencies, State and local law enforcement 

6 agencies, port security agencies, and other pub7 lic and private sector entities that are utilizing 

8 such equipment in order to better meet their 

9 needs; and 

10 (D) an updated deployment schedule and 

11 life cycle cost estimate for the deployment of 

12 such equipment; and 

13 (4) mission execution and mission support ac14 tivities of such centers, including daily coordination 

15 activities, information sharing, intelligence integra16 tion, and operational planning. 

17 SEC. 109. REPORT ON DHS AVIATION ASSETS. 

18 (a) IN GENERAL.—Not later than one year after the 

19 date of the enactment of this Act, the Comptroller General 

20 of the United States shall submit to the appropriate con21 gressional committees a report that analyzes and com22 pares the costs, capabilities, and missions of different 

23 aviation assets, including unmanned aerial vehicles, uti24 lized by the Department to assess the relative costs of un25 manned aerial vehicles as compared to manned aerial vehiVerDate Mar 15 2010 05:52 Jun 30, 2012 Jkt 019200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H4251.RFS H4251

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1 cles, and any increased operational benefits offered by un2 manned aerial vehicles as compared to manned aviation 

3 assets. 

4 (b) REQUIRED DATA.—The report required under 

5 subsection (a) shall include a detailed assessment of costs 

6 for operating each type of asset described in such report, 

7 including— 

8 (1) fuel costs; 

9 (2) crew and staffing costs; 

10 (3) maintenance costs; 

11 (4) communication and satellite bandwidth 

12 costs; 

13 (5) costs associated with the acquisition of each 

14 type of such asset; and 

15 (6) any other relevant costs necessary to pro16 vide a holistic analysis and to identify potential cost 

17 savings. 

18 SEC. 110. SMALL VESSEL THREAT ANALYSIS. 

19 Not later than 1 year after the date of enactment 

20 of this Act, the Secretary shall submit to the appropriate 

21 congressional committees a report analyzing the threat of, 

22 vulnerability to, and consequence of an act of terrorism 

23 using a small vessel to attack United States vessels, ports, 

24 or maritime interests. 


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1 SEC. 111. U.S. CUSTOMS AND BORDER PROTECTION WORK2 FORCE PLAN. 

3 (a) IN GENERAL.—Not later than one year after the 

4 date of the enactment of this Act, the Secretary shall sub5 mit to the appropriate congressional committees a plan for 

6 optimizing staffing levels for U.S. Customs and Border 

7 Protection personnel to carry out the mission of the De8 partment, including optimal levels of U.S. Customs and 

9 Border Protection staffing required to conduct all border 

10 security functions. 

11 (b) CONSIDERATION OF PRIOR STAFFING RE12 SOURCES.—The staffing plan required under subsection 

13 (a) shall consider previous staffing models prepared by the 

14 Department and assessments of threat and vulnerabilities. 

15 SEC. 112. INTEGRATED CROSS-BORDER MARITIME OPER16 ATIONS BETWEEN THE UNITED STATES AND 

17 CANADA. 

18 (a) IN GENERAL.—Subtitle C of title IV of the 

19 Homeland Security Act of 2002 (6 U.S.C. 201 et seq.) 

20 is amended by adding at the end the following: 

21 ‘‘SEC. 432. INTEGRATED CROSS-BORDER MARITIME OPER22 ATIONS BETWEEN THE UNITED STATES AND 

23 CANADA. 

24 ‘‘(a) AUTHORIZATION.—The Secretary is authorized 

25 to establish an Integrated Cross-Border Maritime Oper26 ations Program to coordinate maritime security operations 


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1 between the United States and Canada (in this section re2 ferred to as the ‘Program’). 

3 ‘‘(b) PURPOSE.—The Secretary, acting through the 

4 Commandant of the Coast Guard, shall administer the 

5 Program in a manner that results in a cooperative ap6 proach between the United States and Canada to 

7 strengthen border security and detect, prevent, suppress, 

8 investigate, and respond to terrorism and violations of law 

9 related to border security. 

10 ‘‘(c) TRAINING.—The Secretary, acting through the 

11 Commandant of the Coast Guard, in consultation with the 

12 Secretary of State, may— 

13 ‘‘(1) establish, as an element of the Program, 

14 a training program to create designated maritime 

15 law enforcement officers; 

16 ‘‘(2) conduct training jointly with Canada, in17 cluding training— 

18 ‘‘(A) on the detection and apprehension of 

19 suspected terrorists and individuals attempting 

20 to unlawfully cross or unlawfully use the inter21 national maritime border between the United 

22 States and Canada, to enhance border security; 

23 ‘‘(B) on the integration, analysis, and dis24 semination of port security information between 

25 the United States and Canada; 


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1 ‘‘(C) on the respective policy, regulatory, 

2 and legal considerations related to the Program; 

3 ‘‘(D) on the use of force and maritime se4 curity; 

5 ‘‘(E) in operational procedures and protec6 tion of information and other sensitive informa7 tion; and 

8 ‘‘(F) on preparedness and response to 

9 maritime terrorist incidents. 

10 ‘‘(d) COORDINATION.—The Secretary, acting through 

11 the Commandant of the Coast Guard, shall coordinate the 

12 Program with other similar border security and 

13 antiterrorism programs within the Department. 

14 ‘‘(e) MEMORANDA OF AGREEMENT.—The Secretary 

15 may enter into any memorandum of agreement necessary 

16 to carry out the Program. 

17 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—To 

18 carry out this section there is authorized to be appro19 priated to the Secretary $2,000,000 for each of fiscal 

20 years 2013 and 2014.’’. 

21 (b) CLERICAL AMENDMENT.—The table of contents 

22 in section 1(b) of such Act is amended by adding at the 

23 end of the items relating to such subtitle the following new 

24 item: 

‘‘Sec. 432. Integrated cross-border maritime operations between the United 

States and Canada.’’. 


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1 SEC. 113. TRAINING AND CERTIFICATION OF TRAINING FOR 

2 PORT SECURITY. 

3 (a) USE OF PORT SECURITY GRANT FUNDS.—Sec4 tion 70107(b)(8) of title 46, United States Code, is 

5 amended to read as follows: 

6 ‘‘(8) The cost of training and certifying a law 

7 enforcement officer employed by a law enforcement 

8 agency under section 70132 of this title.’’. 

9 (b) MATCHING REQUIREMENT.—Section 

10 70107(c)(2)(C) of such title is amended to read as follows: 

11 ‘‘(C) TRAINING AND CERTIFICATION.— 

12 There are no matching requirements for grants 

13 under subsection (a) to train and certify law en14 forcement personnel under section 70132 of 

15 this title.’’. 

16 (c) CREDENTIALING STANDARDS, TRAINING, AND

17 CERTIFICATION.—Section 70132 of such title is amended 

18 as follows: 

19 (1) In the section heading, by striking ‘‘for 

20 State and local support for the enforce21 ment of security zones for the transpor22 tation of especially hazardous cargo’’ and 

23 inserting ‘‘of maritime law enforcement 

24 personnel’’. 

25 (2) By amending subsection (a) to read as fol26 lows: 


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1 ‘‘(a) STANDARDS.—The Commandant of the Coast 

2 Guard shall establish standards for training, qualification, 

3 and certification of a law enforcement officer employed by 

4 a law enforcement agency, to conduct or execute, pursuant 

5 to a cooperative enforcement agreement, maritime secu6 rity, maritime law enforcement, and maritime surge ca7 pacity activities.’’. 

8 (3) In subsection (b)(1), by amending subpara9 graphs (A) and (B) to read as follows: 

10 ‘‘(A) after notice and opportunity for pub11 lic comment, may develop and publish training 

12 curricula for the standards established under 

13 subsection (a); and 

14 ‘‘(B) may— 

15 ‘‘(i) test and deliver training for which 

16 the curriculum is developed under subpara17 graph (A); 

18 ‘‘(ii) enter into an agreement under 

19 which any Federal, State, local, tribal, or 

20 private sector entity may test and deliver 

21 such training; and 

22 ‘‘(iii) accept the results of training 

23 conducted by any Federal, State, local, 

24 tribal, or private sector entity under such 

25 an agreement.’’. 


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1 (4) By striking subsection (b)(2) and inserting 

2 the following: 

3 ‘‘(2) Any training developed under paragraph 

4 (1) after the date of enactment of the SMART Port 

5 Security Act shall be developed in consultation with 

6 the Federal Law Enforcement Training Center.’’. 

7 (5) In subsection (b)(4)— 

8 (A) by inserting after ‘‘any moneys,’’ the 

9 following: ‘‘other than an allocation made under 

10 the Dingell-Johnson Sport Fish Restoration Act 

11 (16 U.S.C. 777 et seq.),’’; and 

12 (B) by striking ‘‘training of personnel to 

13 assist in the enforcement of security zones and 

14 limited access areas’’ and inserting ‘‘training 

15 and certifying personnel under this section’’. 

16 (6) By striking subsection (c) and inserting the 

17 following: 

18 ‘‘(c) CERTIFICATION OF PERSONNEL.—The Com19 mandant of the Coast Guard may issue a certificate to 

20 law enforcement officer employed by a law enforcement 

21 agency, who has successfully completed training that the 

22 Commandant has developed under this section.’’. 

23 (7) By adding at the end the following: 

24 ‘‘(d) TACTICAL TRAINING FOR LAW ENFORCEMENT

25 PERSONNEL.—The Commandant of the Coast Guard may 


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1 make such training developed under this section available 

2 to law enforcement officers employed by a law enforcement 

3 agency, on either a reimbursable or a non-reimbursable 

4 basis, if the Commandant determines that— 

5 ‘‘(1) a member of the Coast Guard is unable or 

6 unavailable to undertake tactical training the au7 thorization of which had been previously approved, 

8 and no other member of the Coast Guard is reason9 ably available to undertake such training; 

10 ‘‘(2) the inability or unavailability of Coast 

11 Guard personnel to undertake such training creates 

12 training capacity within the training program; and 

13 ‘‘(3) such training, if made available to such 

14 law enforcement officers, would contribute to 

15 achievement of the purposes of this section.’’. 

16 (d) CONFORMING AMENDMENT.—Chapter 701 of 

17 such title is amended— 

18 (1) by striking the heading for subchapter II 

19 and inserting the following: 

20 ‘‘Subchapter II—Port Security Training and 

21 Certification’’; 

22

23 and 

24 (2) in the table of sections at the beginning of 

25 the chapter— 


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1 (A) by striking the item relating to the 

2 heading for subchapter II and inserting the fol3 lowing: 

‘‘SUBCHAPTER II—PORT SECURITY TRAINING AND CERTIFICATION’’; 

4 and 

5 (B) by striking the item relating to section 

6 70132 and inserting the following: 

‘‘70132. Credentialing standards, training, and certification of maritime law enforcement personnel.’’. 

7 (e) TECHNICAL CORRECTIONS.—Chapter 701 of such 

8 title is amended— 

9 (1) by moving sections 70122, 70123, 70124, 

10 and 70125 so as to appear at the end of subchapter 

11 I of such chapter; 

12 (2) in the table of sections at the beginning of 

13 the chapter, in the item relating to section 70107A, 

14 by adding at the end a period; and 

15 (3) by striking the heading for section 70124 

16 and inserting the following: 

17 ‘‘§ 70124. Regulations’’. 

18 SEC. 114. NORTHERN BORDER UNMANNED AERIAL VEHI19 CLE PILOT PROJECT. 

20 (a) RESEARCH AND DEVELOPMENT.—The Secretary 

21 shall research and develop technologies to allow routine 

22 operation of medium-sized unmanned aerial vehicles, in23 cluding autonomously piloted drones, within the national 


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1 airspace for border and maritime security missions with2 out any degradation of existing levels of security-related 

3 surveillance or of safety for all national airspace system 

4 users. 

5 (b) PILOT PROJECT.—No later than 180 days after 

6 the date of enactment of this Act, the Secretary shall com7 mence a pilot project in segregated airspace along the 

8 northern border to conduct experiments and collect data 

9 in order to accelerate the safe integration of medium-sized 

10 unmanned aircraft systems into the national airspace sys11 tem. 

12 SEC. 115. RECOGNITION OF PORT SECURITY ASSESSMENTS 

13 CONDUCTED BY OTHER ENTITIES. 

14 Section 70108 of title 46, United States Code, is 

15 amended by adding at the end the following new sub16 section: 

17 ‘‘(f) RECOGNITION OF ASSESSMENT CONDUCTED BY

18 OTHER ENTITIES.— 

19 ‘‘(1) CERTIFICATION AND TREATMENT OF AS20 SESSMENTS.—For the purposes of this section and 

21 section 70109, the Secretary may treat an assess22 ment conducted by a foreign government or inter23 national organization as an assessment by the Sec24 retary required by subsection (a), if the Secretary 


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1 certifies that the assessment was conducted in ac2 cordance with subsection (b). 

3 ‘‘(2) AUTHORIZATION TO ENTER INTO AGREE4 MENTS OR ARRANGEMENTS.—The Secretary may 

5 enter into an agreement or arrangement with a for6 eign government or international organization, under 

7 which— 

8 ‘‘(A) such government or organization 

9 may, on behalf of the Secretary, conduct an as10 sessment required under subsection (a), or 

11 share with the Secretary information pertaining 

12 to such assessments; and 

13 ‘‘(B) the Secretary may, on behalf of such 

14 foreign government or organization, conduct an 

15 assessment described in subsection (a), or share 

16 with such foreign government or organization 

17 information pertaining to such assessments. 

18 ‘‘(3) LIMITATIONS.—Nothing in this sub19 section— 

20 ‘‘(A) requires the Secretary to recognize an 

21 assessment that a foreign government or an 

22 international organization conducts pursuant to 

23 this subsection; or 


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1 ‘‘(B) limits the discretion or ability of the 

2 Secretary to conduct an assessment under this 

3 section. 

4 ‘‘(4) NOTIFICATION.—Not later than 30 days 

5 before entering into an agreement or arrangement 

6 with a foreign government under paragraph (2), the 

7 Secretary shall notify the appropriate congressional 

8 committees of the proposed terms of such agreement 

9 or arrangement.’’. 

10 SEC. 116. USE OF PORT SECURITY GRANT FUNDS FOR RE11 PLACEMENT OF SECURITY EQUIPMENT OR 

12 FACILITIES. 

13 Section 70107(b)(2) of title 46, United States Code, 

14 is amended by inserting ‘‘(including replacement)’’ after 

15 ‘‘acquisition’’. 

16 TITLE II—MARITIME SUPPLY 

17 CHAIN SECURITY 

18 SEC. 201. STRATEGIC PLAN TO ENHANCE THE SECURITY OF 

19 THE INTERNATIONAL SUPPLY CHAIN. 

20 Section 201 of the SAFE Port Act (6 U.S.C. 941) 

21 is amended— 

22 (1) by amending subsection (b) to read as fol23 lows: 


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1 ‘‘(b) REQUIREMENTS.—The strategic plan required 

2 under subsection (a), and any updates to the strategic 

3 plan required under subsection (g), shall— 

4 ‘‘(1) identify and address gaps and unnecessary 

5 redundancies or overlaps in the roles, responsibil6 ities, or authorities of the agencies responsible for 

7 securing the supply chain, including— 

8 ‘‘(A) any unnecessary redundancies or 

9 overlaps in Federal transportation security 

10 credentialing programs; and 

11 ‘‘(B) any unnecessary redundancies or 

12 overlaps in Federal trusted shipper or trusted 

13 trader programs; 

14 ‘‘(2) review ongoing efforts to align activities 

15 throughout the Federal Government to— 

16 ‘‘(A) improve coordination among the 

17 agencies referred to in paragraph (1); 

18 ‘‘(B) facilitate the efficient flow of legiti19 mate commerce; 

20 ‘‘(C) enhance the security of the inter21 national supply chain; or 

22 ‘‘(D) address any gaps or overlaps de23 scribed in paragraph (1); 

24 ‘‘(3) identify further regulatory or organiza25 tional changes necessary to— 


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1 ‘‘(A) improve coordination among the 

2 agencies referred to in paragraph (1); 

3 ‘‘(B) facilitate the efficient flow of legiti4 mate commerce; 

5 ‘‘(C) enhance the security of the inter6 national supply chain; or 

7 ‘‘(D) address any gaps or overlaps de8 scribed in paragraph (1); 

9 ‘‘(4) provide measurable goals, including objec10 tives, mechanisms, and a schedule, for furthering the 

11 security of commercial operations from point of ori12 gin to point of destination; 

13 ‘‘(5) build on available resources and consider 

14 costs and benefits; 

15 ‘‘(6) recommend additional incentives for vol16 untary measures taken by private sector entities to 

17 enhance supply chain security, including additional 

18 incentives for such entities participating in the Cus19 toms-Trade Partnership Against Terrorism in ac20 cordance with sections 214, 215, and 216; 

21 ‘‘(7) consider the impact of supply chain secu22 rity requirements on small- and medium- sized com23 panies; 

24 ‘‘(8) identify a framework for prudent and 

25 measured response in the event of a transportation 


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1 security incident involving the international supply 

2 chain; 

3 ‘‘(9) provide updated protocols for the expedi4 tious resumption of the flow of trade in accordance 

5 with section 202; 

6 ‘‘(10) review and address implementation of les7 sons learned from recent exercises conducted under 

8 sections 114 and 115, and other international supply 

9 chain security, response, or recovery exercises that 

10 the Department participates in, as appropriate; 

11 ‘‘(11) consider the linkages between supply 

12 chain security and security programs within other 

13 systems of movement, including travel security and 

14 terrorism finance programs; 

15 ‘‘(12) be informed by technologies undergoing 

16 research, development, testing, and evaluation by the 

17 Department; and 

18 ‘‘(13) expand upon and relate to existing strate19 gies and plans for securing supply chains, including 

20 the National Response Plan, the National Maritime 

21 Transportation Security Plan, the National Strategy 

22 for Maritime Security, and the eight supporting 

23 plans of such National Strategy for Maritime Secu24 rity, as required by Homeland Security Presidential 

25 Directive 13.’’; 


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1 (2) in subsection (g)— 

2 (A) in the heading for paragraph (2), by 

3 striking ‘‘FINAL’’ and inserting ‘‘UPDATED’’; 

4 and 

5 (B) by adding at the end the following new 

6 paragraphs: 

7 ‘‘(3) FINAL REPORT.—Not later than two years 

8 after the date on which the update of the strategic 

9 plan is submitted under paragraph (2), the Sec10 retary shall submit to the appropriate congressional 

11 committees a report that contains a further update 

12 of the strategic plan. 

13 ‘‘(4) IMPLEMENTATION PLAN.—Not later than 

14 one year after the date on which the final update of 

15 the strategic plan is submitted under paragraph (3), 

16 the Secretary shall submit to the appropriate con17 gressional committees an implementation plan for 

18 carrying out the strategic plan.’’; and 

19 (3) by adding at the end the following new sub20 section: 

21 ‘‘(h) THREAT ASSESSMENT.—In developing the re22 ports and implementation plan required under subsection 

23 (g), the Secretary shall take into account an assessment 

24 of the current threats to the global supply chain.’’. 


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1 SEC. 202. CUSTOMS-TRADE PARTNERSHIP AGAINST TER2 RORISM. 

3 (a) UNANNOUNCED INSPECTIONS.—Section 217(a) 

4 of the SAFE Port Act (6 U.S.C. 967(a)) is amended— 

5 (1) by striking ‘‘If at any time’’ and inserting 

6 the following: 

7 ‘‘(1) FAILURE TO MEET REQUIREMENTS.—If at 

8 any time’’; and 

9 (2) by inserting after paragraph (1), as redesig10 nated, the following new paragraph: 

11 ‘‘(2) UNANNOUNCED INSPECTIONS.—The Sec12 retary, acting through the Commissioner, may con13 duct an unannounced inspection of a C-TPAT par14 ticipant’s security measures and supply chain secu15 rity practices if the Commissioner determines, based 

16 on previously identified deficiencies in security meas17 ures and supply chain security practices of the C18 TPAT participant, that there is a likelihood that 

19 such an inspection would assist in confirming the se20 curity measures in place and further the validation 

21 process.’’. 

22 (b) PRIVATE SECTOR INFORMATION SHARING ON SE23 CURITY AND TERRORISM THREATS.—Subsection (d) of 

24 section 216 of the SAFE Port Act (6 U.S.C. 966) is 

25 amended to read as follows: 


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1 ‘‘(d) PRIVATE SECTOR INFORMATION SHARING ON

2 SECURITY AND TERRORISM THREATS.— 

3 ‘‘(1) IN GENERAL.—The Secretary shall pro4 mote information sharing, as appropriate, between 

5 and among the Department and C-TPAT partici6 pants and other private entities regarding— 

7 ‘‘(A) potential vulnerabilities, attacks, and 

8 exploitations of the international supply chain; 

9 and 

10 ‘‘(B) means and methods of preventing, re11 sponding to, and mitigating consequences from 

12 the vulnerabilities, attacks, and exploitations 

13 described in subparagraph (A). 

14 ‘‘(2) CONTENTS.—The information sharing re15 quired under paragraph (1) may include— 

16 ‘‘(A) the creation of classified and unclas17 sified means of accessing information that may 

18 be used by appropriately cleared personnel and 

19 that will provide, as appropriate, ongoing situa20 tional awareness of the security of the inter21 national supply chain; and 

22 ‘‘(B) the creation of guidelines to establish 

23 a mechanism by which owners and operators of 

24 international supply chain infrastructure may 

25 report actual or potential security breaches.’’. 


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1 SEC. 203. RECOGNITION OF OTHER COUNTRIES’ TRUSTED 

2 SHIPPER PROGRAMS. 

3 Section 218 of the SAFE Port Act (6 U.S.C. 968) 

4 is amended by adding at the end the following new sub5 section: 

6 ‘‘(j) RECOGNITION OF OTHER COUNTRIES’ TRUSTED

7 SHIPPER PROGRAMS.—Not later than 30 days before 

8 signing an arrangement between the United States and 

9 a foreign government providing for mutual recognition of 

10 supply chain security practices which might result in the 

11 utilization of benefits described in section 214, 215, or 

12 216, the Secretary shall— 

13 ‘‘(1) notify the appropriate congressional com14 mittees of the proposed terms of such arrangement; 

15 and 

16 ‘‘(2) determine, in consultation with the Com17 missioner, that the foreign government’s supply 

18 chain security program provides comparable security 

19 as that provided by C-TPAT.’’. 

20 SEC. 204. PILOT PROGRAM FOR INCLUSION OF NON-ASSET 

21 BASED THIRD PARTY LOGISTICS PROVIDERS 

22 IN THE CUSTOMS-TRADE PARTNERSHIP 

23 AGAINST TERRORISM. 

24 (a) IN GENERAL.—Not later than 180 days after the 

25 date of the enactment of this Act, the Secretary shall de26 velop a pilot program to determine whether allowing nonVerDate Mar 15 2010 05:52 Jun 30, 2012 Jkt 019200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\H4251.RFS H4251

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1 asset based third party logistics providers that arrange 

2 international transportation of freight to participate in the 

3 Customs-Trade Partnership Against Terrorism program, 

4 as described in section 211 of the SAFE Port Act (6 

5 U.S.C. 961), would enhance port security, combat ter6 rorism, prevent supply chain security breaches, or meet 

7 the goals of the Customs-Trade Partnership Against Ter8 rorism established pursuant to section 211 of the SAFE 

9 Port Act (6 U.S.C. 961). 

10 (b) REQUIREMENTS.— 

11 (1) VOLUNTARY PARTICIPATION.—Participation 

12 by non-asset based third party logistics providers 

13 that arrange international transportation of freight 

14 taking part in the pilot program shall be voluntary. 

15 (2) MINIMUM NUMBER.—The Secretary shall 

16 ensure that not fewer than five non-asset based third 

17 party logistics providers that arrange international 

18 transportation of freight take part in the pilot pro19 gram. 

20 (3) DURATION.—The pilot program shall be 

21 conducted for a minimum duration of one year. 

22 (c) REPORT.—Not later than 180 days after the con23 clusion of the pilot program, the Secretary shall submit 

24 to the appropriate congressional committees a report on 

25 the findings and any recommendations of the pilot proVerDate Mar 15 2010 05:52 Jun 30, 2012 Jkt 019200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\H4251.RFS H4251

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1 gram concerning the participation in the Customs-Trade 

2 Partnership Against Terrorism of non-asset based third 

3 party logistics providers that arrange international trans4 portation of freight to combat terrorism and prevent sup5 ply chain security breaches. 

6 SEC. 205. TRANSPORTATION WORKER IDENTIFICATION 

7 CREDENTIAL PROCESS REFORM. 

8 (a) SENSE OF CONGRESS.—To avoid further impos9 ing unnecessary and costly regulatory burdens on United 

10 States workers and businesses, it is the sense of Congress 

11 that it is urgent that the Transportation Worker Identi12 fication Credential (in this section referred to as the 

13 ‘‘TWIC’’) application process be reformed by not later 

14 than the end of 2012, when hundreds of thousands of cur15 rent TWIC holders will begin to face the requirement to 

16 renew their TWICs. 

17 (b) TWIC APPLICATION REFORM.—Not later than 

18 270 days after the date of the enactment of this Act, the 

19 Secretary shall reform the process for the enrollment, acti20 vation, issuance, and renewal of a TWIC to require, in 

21 total, not more than one in-person visit to a designated 

22 enrollment center except in cases in which there are ex23 tenuating circumstances, as determined by the Secretary, 

24 requiring more than one such in-person visit. 


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1 SEC. 206. EXPIRATION OF CERTAIN TRANSPORTATION 

2 WORKER IDENTIFICATION CREDENTIALS. 

3 (a) IN GENERAL.—A valid Transportation Worker 

4 Identification Credential required under part 101.514 of 

5 title 33, Code of Federal Regulations, that was issued be6 fore the date of enactment of this Act shall not expire be7 fore the earlier of— 

8 (1) the deadline for full implementation of a 

9 final rule issued by the Secretary for electronic read10 ers designed to work with Transportation Worker 

11 Identification Credentials as an access control and 

12 security measure issued pursuant to the advanced 

13 notice of proposed rulemaking published March 27, 

14 2009 (74 Fed. Reg. 58), as established by the final 

15 rule; or 

16 (2) June 30, 2014. 

17 (b) REVOCATION AUTHORITY NOT AFFECTED.—This 

18 section shall not be construed to affect the authority of 

19 the Secretary to revoke a Transportation Worker Identi20 fication Credential— 

21 (1) based on information that the holder is not 

22 qualified to hold such credential; or 

23 (2) if the credential is lost, damaged, or stolen. 


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1 SEC. 207. SECURING THE TRANSPORTATION WORKER IDEN2 TIFICATION CREDENTIAL AGAINST USE BY 

3 UNAUTHORIZED ALIENS. 

4 (a) PROCESS.— 

5 (1) IN GENERAL.—Not later than 180 days 

6 after the date of enactment of this Act, the Sec7 retary shall establish a process to ensure, to the 

8 maximum extent practicable, that an individual who 

9 is not lawfully present in the United States cannot 

10 obtain or continue to use a Transportation Worker 

11 Identification Credential (in this section referred to 

12 as the ‘‘TWIC’’). 

13 (2) COMPONENTS.—In establishing the process 

14 under subsection (a), the Secretary shall— 

15 (A) publish a list of documents that will 

16 identify non-United States citizen TWIC appli17 cants and verify their immigration statuses by 

18 requiring each such applicants to produce a 

19 document or documents that demonstrate— 

20 (i) identity; and 

21 (ii) proof of lawful presence in the 

22 United States; and 

23 (B) establish training requirements to en24 sure that trusted agents at TWIC enrollment 

25 centers receive training to identify fraudulent 

26 documents. 


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1 (b) EXPIRATION OF TWICS.—A TWIC expires on 

2 the date of its expiration, or in the date on which the indi3 vidual to whom such a TWIC is issued is no longer law4 fully present in the United States, whichever is earlier. 

5 SEC. 208. REPORT ON FEDERAL TRANSPORTATION SECU6 RITY CREDENTIALING PROGRAMS. 

7 Not later than 180 days after the date of the enact8 ment of this Act, the Secretary shall submit to the appro9 priate congressional committees a report that identifies 

10 unnecessary redundancies or overlaps in Federal transpor11 tation security credentialing programs, including rec12 ommendations to reduce or eliminate such redundancies 

13 or overlaps. 

Passed the House of Representatives June 28, 2012. 

Attest: KAREN L. HAAS, 

Clerk. 


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