I 

112TH CONGRESS 

2D SESSION H. R. 4251 

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. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 22, 2012 

Mrs. MILLER of Michigan (for herself, Mr. KING of New York, Mr. CUELLAR, 

Mr. MCCAUL, and Mr. CLARKE of Michigan) introduced the following 

bill; which was referred to the Committee on Homeland Security 

A BILL 

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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Securing Maritime Ac5 tivities through Risk-based Targeting for Port Security 

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

7 SEC. 2. TABLE OF CONTENTS. 

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


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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. Interagency operational centers for port security. 

Sec. 108. Report on DHS aviation assets. 

Sec. 109. Small vessel threat analysis. 

Sec. 110. U.S. Customs and Border Protection workforce plan. 

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 logisitics 

providers in the Customs-Trade Partnership Against Terrorism. 

Sec. 205. Transportation Worker Identification Credential process reform. 

Sec. 206. Issuance of final rule relating to Transportation Worker Identification Credential reader requirements. 

Sec. 207. Securing the Transportation Worker Identification Credential against 

use by unauthorized aliens. 

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. 


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

2 authorities, powers, rights, privileges, immunities, 

3 programs, projects, activities, duties, and respon4 sibilities. 

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

6 government’’ means— 

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

8 township, local public authority, school district, 

9 special district, intrastate district, council of 

10 governments (regardless of whether the council 

11 of governments is incorporated as a nonprofit 

12 corporation under State law), regional or inter13 state government entity, or agency or instru14 mentality of a local government; 

15 (B) an Indian tribe or authorized tribal or16 ganization, or in Alaska a Native village or 

17 Alaska Regional Native Corporation; and 

18 (C) a rural community, unincorporated 

19 town or village, or other public entity. 

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

21 officers and employees. 

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

23 the Secretary of Homeland Security. 

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

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


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1 the Commonwealth of Puerto Rico, the United 

2 States Virgin Islands, Guam, American Samoa, the 

3 Commonwealth of the Northern Mariana Islands, 

4 and any possession of the United States. 

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

6 the meaning given such term in section 2 of the 

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

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

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

10 any State of the United States, the District of Co11 lumbia, the Commonwealth of Puerto Rico, the Vir12 gin Islands, Guam, American Samoa, the Common13 wealth of the Northern Mariana Islands, any posses14 sion of the United States, and any waters within the 

15 jurisdiction of the United States. 

16 TITLE I—DEPARTMENT OF 

17 HOMELAND SECURITY PORT 

18 SECURITY PROGRAMS 

19 SEC. 101. UPDATES OF MARITIME OPERATIONS COORDINA20 TION PLAN. 

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

22 Secretary, acting through the Department’s Office of Op23 erations Coordination and Planning, shall submit to the 

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1 tion of maritime operations undertaken by the agencies 

2 within the Department. Such plan shall update the mari3 time operations coordination plan released by the Depart4 ment in July 2011, and shall address the following: 

5 (1) Coordination of planning, integration of 

6 maritime operations, and development of joint situa7 tional awareness of any office or agency of the De8 partment with responsibility for maritime homeland 

9 security missions. 

10 (2) Maintaining effective information sharing 

11 and, as appropriate, intelligence integration, with 

12 Federal, State, and local officials and the private 

13 sector, regarding threats to maritime security. 

14 (3) Leveraging existing departmental coordina15 tion mechanisms, including the Interagency Oper16 ational Centers, as authorized under section 70107A 

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

18 and Border Protection Air and Marine Operations 

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

20 Operational Integration Center, and other regional 

21 maritime operational command centers. 

22 (4) Cooperation and coordination with other 

23 agencies of the Federal Government, and State and 

24 local agencies, in the maritime environment, in sup25 port of maritime homeland security missions. 


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1 (5) Work conducted within the context of other 

2 national and Department maritime security strategic 

3 guidance. 

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

5 2019, the Secretary, acting through the Department’s Of6 fice of Operations Coordination and Planning, shall sub7 mit to the appropriate congressional committees an addi8 tional update to the maritime operations coordination 

9 plan. 

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

11 OF AIR AND MARINE ASSET DEPLOYMENT. 

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

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

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

15 shall, to the greatest extent practicable, occur in accord16 ance with a risk-based assessment that considers mission 

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

18 relevant factors identified by the Secretary. Specific fac19 tors to be included in such assessment shall include, at 

20 a minimum, the following: 

21 (1) Mission requirements that prioritize the 

22 operational needs of field commanders to secure the 

23 United States border and ports. 


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1 (2) Other Department assets available to help 

2 address any unmet border and port security mission 

3 needs. 

4 (3) Risk analysis showing positioning of the 

5 asset at issue to respond to intelligence on emerging 

6 terrorist and other threats. 

7 (4) Cost-benefit analysis showing the relative 

8 ability to use the asset at issue in the most cost-ef9 fective way to reduce risk and achieve mission suc10 cess. 

11 (b) CONSIDERATIONS.—An assessment required 

12 under subsection (a) shall consider applicable Federal 

13 guidance, standards, and agency strategic and perform14 ance plans, including the following: 

15 (1) The most recent Departmental Quadrennial 

16 Homeland Security Review, and any follow-up guid17 ance related to such Review. 

18 (2) The Department’s Annual Performance 

19 Plans. 

20 (3) Department policy guiding use of integrated 

21 risk management in resource allocation decisions. 

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

23 Protection Strategic Plans and Resource Deploy24 ment Plans. 


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1 (5) Applicable aviation guidance from the De2 partment, including the DHS Aviation Concept of 

3 Operations. 

4 (6) Other strategic and acquisition guidance 

5 promulgated by the Federal Government as the Sec6 retary determines appropriate. 

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

8 the Department shall biennially audit the deployment of 

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

10 Office of Air and Marine and submit to the appropriate 

11 congressional committees a report on the compliance of 

12 the Department with the requirements of this section. 

13 SEC. 103. COST-BENEFIT ANALYSIS OF CO-LOCATING OPER14 ATIONAL ENTITIES. 

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

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

17 operates that are within 25 miles of locations where any 

18 other Department agency also operates air and marine as19 sets, the Secretary shall conduct a cost-benefit analysis to 

20 consider the potential cost savings from co-locating avia21 tion and maritime operational assets of the different agen22 cies of the Department. In analyzing the potential cost 

23 savings achieved by sharing aviation and maritime facili24 ties, the study shall consider at a minimum the following 

25 factors: 


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1 (1) Potential enhanced cooperation derived 

2 from Department personnel being co-located. 

3 (2) Potential cost savings derived through 

4 shared maintenance and logistics facilities and ac5 tivities. 

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

7 such as runways, hangars, control towers, operations 

8 centers, piers and docks, boathouses, and fuel de9 pots. 

10 (4) Short term moving costs required in order 

11 to co-locate facilities. 

12 (5) Acquisition and infrastructure costs for en13 larging current facilities as needed. 

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

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

16 to the appropriate congressional committees a report sum17 marizing the results of the cost-benefit analysis required 

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

19 such results. 

20 SEC. 104. STUDY OF MARITIME SECURITY REDUNDANCIES. 

21 The Comptroller General of the United States shall 

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

23 this Act— 

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1 ment to identify initiatives and programs with dupli2 cative, overlapping, or redundant goals and activi3 ties, including the cost of such duplication; and 

4 (2) submit to the appropriate congressional 

5 committees a report on the findings of the study, in6 cluding— 

7 (A) recommendations for consolidation, 

8 elimination, or increased cooperation to reduce 

9 unnecessary duplication found in the study; and 

10 (B) an analysis of personnel, maintenance, 

11 and operational costs related to unnecessarily 

12 duplicative, overlapping, or redundant goals and 

13 activities found in the study. 

14 SEC. 105. ACQUISITION AND STRATEGIC SOURCING OF MA15 RINE AND AVIATION ASSETS. 

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

17 of any new boat or aviation asset, the Secretary shall co18 ordinate across the agencies of the Department, as appro19 priate, to— 

20 (1) identify common mission requirements be21 fore initiating a new acquisition program; and 

22 (2) standardize, to the extent practicable, 

23 equipment purchases, streamline the acquisition 

24 process, and conduct best practices for strategic 

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1 tate oversight of asset purchases prior to issuing a 

2 Request for Proposal. 

3 (b) ESTABLISHMENT OF AVIATION AND MARITIME

4 COORDINATION MECHANISM.—Not later than 180 days 

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

6 shall establish a coordinating mechanism for aviation and 

7 maritime issues, including issues related to the acquisi8 tion, administration, operations, maintenance, and joint 

9 management across the Department, in order to decrease 

10 procurement and operational costs and increase effi11 ciencies. 

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

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

14 length. 

15 SEC. 106. PORT SECURITY GRANT PROGRAM MANAGEMENT. 

16 (a) DETERMINATION OF APPLICATIONS.—Section 

17 70107(g) of title 46, United States Code, is amended— 

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

19 following: 

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

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

22 ‘‘(2) DETERMINATION.—Notwithstanding any 

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

24 than 60 days after the date on which an applicant 

25 submits a complete application for a grant under 


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1 this section, either approve or disapprove the appli2 cation.’’. 

3 (b) ADMINISTRATION OF COST SHARE DETERMINA4 TIONS.—Section 70107(c)(2) of title 46, United States 

5 Code, is amended by inserting after subparagraph (C) the 

6 following: 

7 ‘‘(D) COST SHARE DETERMINATIONS.— 

8 Notwithstanding any other provision of law, not 

9 later than 60 days after the date on which an 

10 applicant submits a complete application for a 

11 matching requirement (other than a project 

12 specified in paragraph (1)), the Secretary shall 

13 either approve or disapprove the application.’’. 

14 (c) ADMINISTRATION OF EXTENSIONS.—Section 

15 70107(i) of title 46, United States Code, is amended by 

16 inserting after paragraph (4) the following: 

17 ‘‘(5) EXTENSION DETERMINATIONS.—Notwith18 standing any other provision of law, not later than 

19 60 days after the date on which an applicant sub20 mits a complete application for a grant extension, 

21 the Secretary shall either approve or disapprove the 

22 application.’’. 


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1 SEC. 107. INTERAGENCY OPERATIONAL CENTERS FOR 

2 PORT SECURITY. 

3 (a) PARTICIPATING PERSONNEL.—Section 

4 70107A(b)(1)(B) of title 46, United States Code, is 

5 amended— 

6 (1) by inserting ‘‘, not less than part-time rep7 resentation from U.S. Customs and Border Protec8 tion and U.S. Immigration and Customs Enforce9 ment,’’ after ‘‘the Coast Guard’’; and 

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

11 Border Protection and the United States Immigra12 tion and Customs Enforcement,’’. 

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

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

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

16 congressional committees an assessment of— 

17 (1) interagency operational centers under such 

18 section and the implementation of the amendments 

19 made by this section; 

20 (2) participation in such centers and by Federal 

21 agencies, State and local law enforcement agencies, 

22 port security agencies, and other public and private 

23 sector entities, including joint daily operational co24 ordination, training and certifying of non-Federal 

25 law enforcement personnel, and joint training exer26 cises; 


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1 (3) deployment of interoperable communications 

2 equipment under subsection (e) of such section, in3 cluding— 

4 (A) an assessment of the cost-effectiveness 

5 and utility of such equipment for Federal agen6 cies, State and local law enforcement agencies, 

7 port security agencies, and other public and pri8 vate sector entities; 

9 (B) data showing which Federal agencies, 

10 State and local law enforcement agencies, port 

11 security agencies, and other public and private 

12 sector entities are utilizing such equipment; 

13 (C) an explanation of the process in place 

14 to obtain and incorporate feedback from Fed15 eral agencies, State and local law enforcement 

16 agencies, port security agencies, and other pub17 lic and private sector entities that are utilizing 

18 such equipment in order to better meet their 

19 needs; and 

20 (D) an updated deployment schedule and 

21 life cycle cost estimate for the deployment of 

22 such equipment; and 

23 (4) mission execution and mission support ac24 tivities of such centers, including daily coordination 


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1 activities, information sharing, intelligence integra2 tion, and operational planning. 

3 SEC. 108. REPORT ON DHS AVIATION ASSETS. 

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

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

6 of the United States shall submit to the appropriate con7 gressional committees a report that analyzes and com8 pares the costs, capabilities, and missions of different 

9 aviation assets, including unmanned aerial vehicles, uti10 lized by the Department to assess the relative costs of un11 manned aerial vehicles as compared to manned aerial vehi12 cles, and any increased operational benefits offered by un13 manned aerial vehicles as compared to manned aviation 

14 assets. 

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

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

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

18 including— 

19 (1) fuel costs; 

20 (2) crew and staffing costs; 

21 (3) maintenance costs; 

22 (4) communication and satellite bandwidth 

23 costs; 

24 (5) costs associated with the acquisition of each 

25 type of such asset; and 


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1 (6) any other relevant costs necessary to pro2 vide a holistic analysis and to identify potential cost 

3 savings. 

4 SEC. 109. SMALL VESSEL THREAT ANALYSIS. 

5 Not later than 1 year after the date of enactment 

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

7 congressional committees a report analyzing the threat of, 

8 vulnerability to, and consequence of an act of terrorism 

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

10 or maritime interests. 

11 SEC. 110. U.S. CUSTOMS AND BORDER PROTECTION WORK12 FORCE PLAN. 

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

14 date of the enactment of this Act, the Secretary shall sub15 mit to the appropriate congressional committees a plan for 

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

17 Protection personnel to carry out the mission of the De18 partment, including optimal levels of U.S. Customs and 

19 Border Protection staffing required to conduct all border 

20 security functions. 

21 (b) METHODOLOGY.—In preparing the staffing plan 

22 required under subsection (a), the Secretary shall include 

23 an evaluation that compares a risk-based allocation of 

24 staffing at and between the ports of entry against a ran25 dom sampling model. 


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1 (c) CONSIDERATION OF PRIOR STAFFING RE2 SOURCES.—The staffing plan shall consider previous staff3 ing models prepared by the Department and assessments 

4 of threat and vulnerabilities. 

5 TITLE II—MARITIME SUPPLY 

6 CHAIN SECURITY 

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

8 THE INTERNATIONAL SUPPLY CHAIN. 

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

10 is amended— 

11 (1) by amending subsection (b) to read as fol12 lows: 

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

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

15 plan required under subsection (g), shall— 

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

17 redundancies or overlaps in the roles, responsibil18 ities, or authorities of the agencies responsible for 

19 securing the supply chain, including— 

20 ‘‘(A) any unnecessary redundancies or 

21 overlaps in Federal transportation security 

22 credentialing programs; and 

23 ‘‘(B) any unnecessary redundancies or 

24 overlaps in Federal trusted shipper or trusted 

25 trader programs; 


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

2 throughout the Federal Government to— 

3 ‘‘(A) improve coordination among the 

4 agencies referred to in paragraph (1); 

5 ‘‘(B) facilitate the efficient flow of legiti6 mate commerce; 

7 ‘‘(C) enhance the security of the inter8 national supply chain; or 

9 ‘‘(D) address any gaps or overlaps de10 scribed in paragraph (1); 

11 ‘‘(3) identify and make recommendations re12 garding further legislative, regulatory, or organiza13 tional changes necessary to— 

14 ‘‘(A) improve coordination among the 

15 agencies referred to in paragraph (1); 

16 ‘‘(B) facilitate the efficient flow of legiti17 mate commerce; 

18 ‘‘(C) enhance the security of the inter19 national supply chain; or 

20 ‘‘(D) address any gaps or overlaps de21 scribed in paragraph (1); 

22 ‘‘(4) provide measurable goals, including objec23 tives, mechanisms, and a schedule, for furthering the 

24 security of commercial operations from point of ori25 gin to point of destination; 


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

2 costs and benefits; 

3 ‘‘(6) recommend additional incentives for vol4 untary measures taken by private sector entities to 

5 enhance supply chain security, including additional 

6 incentives for such entities participating in the Cus7 toms-Trade Partnership Against Terrorism in ac8 cordance with sections 214, 215, and 216; 

9 ‘‘(7) consider the impact of supply chain secu10 rity requirements on small- and medium-sized com11 panies; 

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

13 measured response in the event of a transportation 

14 security incident involving the international supply 

15 chain; 

16 ‘‘(9) provide updated protocols for the expedi17 tious resumption of the flow of trade in accordance 

18 with section 202; 

19 ‘‘(10) review and address implementation of les20 sons learned from recent exercises conducted under 

21 sections 114 and 115, and other international supply 

22 chain security, response, or recovery exercises that 

23 the Department participates in, as appropriate; 

24 ‘‘(11) consider the linkages between supply 

25 chain security and security programs within other 


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1 systems of movement, including travel security and 

2 terrorism finance programs; 

3 ‘‘(12) be informed by technologies undergoing 

4 research, development, testing, and evaluation by the 

5 Department; and 

6 ‘‘(13) expand upon and relate to existing strate7 gies and plans for securing supply chains, including 

8 the National Response Plan, the National Maritime 

9 Transportation Security Plan, the National Strategy 

10 for Maritime Security, and the eight supporting 

11 plans of such National Strategy for Maritime Secu12 rity, as required by Homeland Security Presidential 

13 Directive 13.’’; 

14 (2) in subsection (g)— 

15 (A) in the header, by striking ‘‘FINAL’’ 

16 and inserting ‘‘UPDATED’’; and 

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

18 paragraphs: 

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

20 after the date on which the update of the strategic 

21 plan is submitted under paragraph (2), the Sec22 retary shall submit to the appropriate congressional 

23 committees a report that contains a further update 

24 of the strategic plan. 


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

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

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

4 the Secretary shall submit to the appropriate con5 gressional committees an implementation plan for 

6 carrying out the strategic plan.’’; and 

7 (3) by adding at the end the following new sub8 section: 

9 ‘‘(h) THREAT ASSESSMENT.—In developing the re10 ports and implementation plan required under subsection 

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

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

13 SEC. 202. CUSTOMS-TRADE PARTNERSHIP AGAINST TER14 RORISM. 

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

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

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

18 the following: 

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

20 any time’’; and 

21 (2) by inserting after paragraph (1), as redesig22 nated, the following new paragraph: 

23 ‘‘(2) UNANNOUNCED INSPECTIONS.—The Sec24 retary, acting through the Commissioner, may con25 duct an unannounced inspection of a C-TPAT parVerDate Mar 15 2010 23:35 Mar 23, 2012 Jkt 019200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H4251.IH H4251

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1 ticipant’s security measures and supply chain secu2 rity practices if the Commissioner determines, based 

3 on previously identified deficiencies in security meas4 ures and supply chain security practices of the C5 TPAT participant, that there is a significant likeli6 hood that such an inspection would assist in con7 firming the security measures in place and further 

8 the validation process.’’. 

9 (b) PRIVATE SECTOR INFORMATION SHARING ON SE10 CURITY AND TERRORISM THREATS.—Subsection (d) of 

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

12 amended to read as follows: 

13 ‘‘(d) PRIVATE SECTOR INFORMATION SHARING ON

14 SECURITY AND TERRORISM THREATS.— 

15 ‘‘(1) IN GENERAL.—The Secretary shall pro16 mote information sharing between and among the 

17 Department and Tier 2 and 3 participants and other 

18 private entities regarding— 

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

20 exploitations of the international supply chain; 

21 and 

22 ‘‘(B) means and methods of preventing, re23 sponding to, and mitigating consequences from 

24 the vulnerabilities, attacks, and exploitations 

25 described in subparagraph (A). 


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1 ‘‘(2) CONTENTS.—The information sharing re2 quired under paragraph (1) may include— 

3 ‘‘(A) the creation of classified and unclas4 sified means of accessing information that may 

5 be used by appropriately cleared personnel and 

6 that will provide, as appropriate, ongoing situa7 tional awareness of the security of the inter8 national supply chain; and 

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

10 a mechanism by which owners and operators of 

11 international supply chain infrastructure may 

12 report actual or potential security breaches.’’. 

13 SEC. 203. RECOGNITION OF OTHER COUNTRIES’ TRUSTED 

14 SHIPPER PROGRAMS. 

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

16 is amended by adding at the end the following new sub17 section: 

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

19 SHIPPER PROGRAMS.—Not later than 30 days before en20 tering into negotiations, and again 30 days before signing 

21 an arrangement, between the United States and a foreign 

22 government providing for mutual recognition of supply 

23 chain security practices which might result in the utiliza24 tion of benefits described in section 214, 215, or 216, the 

25 Secretary shall— 


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1 ‘‘(1) notify the appropriate congressional com2 mittees of the proposed terms of such arrangement; 

3 and 

4 ‘‘(2) determine, in consultation with the Com5 missioner, that the foreign government’s supply 

6 chain security program provides comparable security 

7 as that provided by C-TPAT.’’. 

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

9 BASED THIRD PARTY LOGISITICS PROVIDERS 

10 IN THE CUSTOMS-TRADE PARTNERSHIP 

11 AGAINST TERRORISM. 

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

13 date of the enactment of this Act, the Secretary shall de14 velop a pilot program to determine whether allowing non15 asset based third party logistics providers that arrange 

16 international transportation of freight to participate in the 

17 Customs-Trade Partnership Against Terrorism program, 

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

19 U.S.C. 961), would enhance port security, combat ter20 rorism, prevent supply chain security breaches, or meet 

21 the goals of the Customs-Trade Partnership Against Ter22 rorism established pursuant to section 211 of the SAFE 

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

24 (b) REQUIREMENTS.— 


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1 (1) VOLUNTARY PARTICIPATION.—Participation 

2 by non-asset based third party logistics providers 

3 that arrange international transportation of freight 

4 taking part in the pilot program shall be voluntary. 

5 (2) MINIMUM NUMBER.—The Secretary shall 

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

7 party logistics providers that arrange international 

8 transportation of freight take part in the pilot pro9 gram. 

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

11 conducted for a minimum duration of one year. 

12 (c) REPORT.—Not later than 180 days after the con13 clusion of the pilot program, the Secretary shall submit 

14 to the appropriate congressional committees a report on 

15 the findings and any recommendations of the pilot pro16 gram concerning the participation in the Customs-Trade 

17 Partnership Against Terrorism of non-asset based third 

18 party logistics providers that arrange international trans19 portation of freight to combat terrorism and prevent sup20 ply chain security breaches. 

21 SEC. 205. TRANSPORTATION WORKER IDENTIFICATION 

22 CREDENTIAL PROCESS REFORM. 

23 (a) SENSE OF CONGRESS.—To avoid further impos24 ing unnecessary and costly regulatory burdens on United 

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


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1 that it is urgent that the Transportation Worker Identi2 fication Credential (in this section referred to as the 

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

4 than the end of 2012, when hundreds of thousands of cur5 rent TWIC holders will begin to face the requirement to 

6 renew their TWICs. 

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

8 270 days after the date of the enactment of this Act, the 

9 Secretary shall reform the process for the enrollment, acti10 vation, issuance, and renewal of a TWIC to require, in 

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

12 enrollment center except in cases in which there are ex13 tenuating circumstances, as determined by the Secretary, 

14 requiring more than one such in-person visit. 

15 SEC. 206. ISSUANCE OF FINAL RULE RELATING TO TRANS16 PORTATION WORKER IDENTIFICATION CRE17 DENTIAL READER REQUIREMENTS. 

18 (a) DEADLINE.—The Secretary shall issue the final 

19 rule for installation of electronic readers to verify Trans20 portation Worker Identification Credentials as an access 

21 control and security measure issued pursuant to the ad22 vanced notice of proposed rulemaking published on March 

23 27, 2009 (74 Fed. Reg. 58). 

24 (b) STAY OF EXPIRATIONS.—If the final rule re25 quired under subsection (a) is not issued by December 31, 


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1 2014, no expiration shall take affect for any Transpor2 tation Worker Identification Credential due to expire after 

3 December 31, 2014, until the date on which the final rule 

4 required under subsection (a) is issued. 

5 (c) REVOCATION OF AUTHORITY NOT AFFECTED.— 

6 This section shall not be construed to affect the authority 

7 of the Secretary to revoke a Transportation Worker Iden8 tification Credential— 

9 (1) based on information that the holder of 

10 such Credential is not qualified to hold such Creden11 tial; or 

12 (2) if such Credential is lost, damaged, or sto13 len. 

14 SEC. 207. SECURING THE TRANSPORTATION WORKER IDEN15 TIFICATION CREDENTIAL AGAINST USE BY 

16 UNAUTHORIZED ALIENS. 

17 (a) PROCESS.— 

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

19 after the date of enactment of this Act, the Sec20 retary shall establish a process to ensure, to the 

21 maximum extent practicable, that an individual who 

22 is not lawfully present in the United States cannot 

23 obtain or continue to use a Transportation Worker 

24 Identification Credential (in this section referred to 

25 as the ‘‘TWIC’’). 


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1 (2) COMPONENTS.—In establishing the process 

2 under subsection (a), the Secretary shall— 

3 (A) publish a list of documents that will 

4 identify non-United States citizen TWIC appli5 cants and verify their immigration statuses by 

6 requiring each such applicants to produce a 

7 document or documents that demonstrate— 

8 (i) identity; and 

9 (ii) proof of lawful presence in the 

10 United States; and 

11 (B) establish training requirements to en12 sure that trusted agents at TWIC enrollment 

13 centers receive training to identify fraudulent 

14 documents. 

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

16 the date of its expiration, or in the date on which the indi17 vidual to whom such a TWIC is issued is no longer law18 fully present in the United States, whichever is earlier. 

Æ 


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