IB 

Union Calendar No. 369 

112TH CONGRESS 

2D SESSION H. R. 4251 

[Report No. 112–521] 

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 

JUNE 12, 2012 

Additional sponsors: Mr. RIGELL, Mr. THOMPSON of Mississippi, Ms. JACKSON LEE of Texas, Ms. LORETTA SANCHEZ of California, Ms. HAHN, and 

Ms. RICHARDSON

JUNE 12, 2012 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on March 22, 2012] 


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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. 


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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: 

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 commit5 tees’’ has the meaning given such term in section 2 

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

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

8 means the Department of Homeland Security. 

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

10 authorities, powers, rights, privileges, immunities, 

11 programs, projects, activities, duties, and responsibil12 ities. 

13 (4) LOCAL GOVERNMENT.—The term ‘‘local gov14 ernment’’ means— 

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

16 township, local public authority, school district, 

17 special district, intrastate district, council of 

18 governments (regardless of whether the council of 

19 governments is incorporated as a nonprofit cor20 poration under State law), regional or interstate 

21 government entity, or agency or instrumentality 

22 of a local government; 

23 (B) an Indian tribe or authorized tribal or24 ganization, or in Alaska a Native village or 

25 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 State 

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

9 Commonwealth of Puerto Rico, the United States Vir10 gin Islands, Guam, American Samoa, the Common11 wealth of the Northern Mariana Islands, and any 

12 possession of the United States. 

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

14 meaning given such term in section 2 of the Home15 land Security Act of 2002 (6 U.S.C. 101). 

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

17 when used in a geographic sense, means any State of 

18 the United States, the District of Columbia, the Com19 monwealth of Puerto Rico, the Virgin Islands, Guam, 

20 American Samoa, the Commonwealth of the Northern 

21 Mariana Islands, any possession of the United States, 

22 and any waters within the jurisdiction of the United 

23 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 the 

9 coordination and cooperation of maritime operations un10 dertaken by the agencies within the Department. Such plan 

11 shall update the maritime operations coordination plan re12 leased by the Department in July 2011, and shall address 

13 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 sec22 tor, 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 and 

2 Border Protection Air and Marine Operations Center, 

3 the U.S. Customs and Border Protection Operational 

4 Integration Center, and other regional maritime oper5 ational 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 Office 

15 of Operations Coordination and Planning, shall submit to 

16 the appropriate congressional committees an additional up17 date to the maritime operations coordination plan. 

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

19 OF AIR AND MARINE ASSET DEPLOYMENT. 

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

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

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

23 shall, to the greatest extent practicable, occur in accordance 

24 with a risk-based assessment that considers mission needs, 

25 performance results, threats, costs, and any other relevant 


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1 factors identified by the Secretary. Specific factors to be in2 cluded in such assessment shall include, at a minimum, the 

3 following: 

4 (1) Mission requirements that prioritize the 

5 operational needs of field commanders to secure the 

6 United States border and ports. 

7 (2) Other Department assets available to help 

8 address any unmet border and port security mission 

9 needs. 

10 (3) Risk analysis showing positioning of the 

11 asset at issue to respond to intelligence on emerging 

12 terrorist and other threats. 

13 (4) Cost-benefit analysis showing the relative 

14 ability to use the asset at issue in the most cost-effec15 tive way to reduce risk and achieve mission success. 

16 (b) CONSIDERATIONS.—An assessment required under 

17 subsection (a) shall consider applicable Federal guidance, 

18 standards, and agency strategic and performance plans, in19 cluding the following: 

20 (1) The most recent Departmental Quadrennial 

21 Homeland Security Review, and any follow-up guid22 ance related to such Review. 

23 (2) The Department’s Annual Performance 

24 Plans. 


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1 (3) Department policy guiding use of integrated 

2 risk management in resource allocation decisions. 

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

4 Protection Strategic Plans and Resource Deployment 

5 Plans. 

6 (5) Applicable aviation guidance from the De7 partment, including the DHS Aviation Concept of 

8 Operations. 

9 (6) Other strategic and acquisition guidance pro10 mulgated by the Federal Government as the Secretary 

11 determines appropriate. 

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

13 Department shall biennially audit the deployment of new 

14 assets within U.S. Customs and Border Protection’s Office 

15 of Air and Marine and submit to the appropriate congres16 sional committees a report on the compliance of the Depart17 ment with the requirements of this section. 

18 SEC. 103. COST-BENEFIT ANALYSIS OF CO-LOCATING OPER19 ATIONAL ENTITIES. 

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

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

22 operates that are within 25 miles of locations where any 

23 other Department agency also operates air and marine as24 sets, the Secretary shall conduct a cost-benefit analysis to 

25 consider the potential cost of and savings derived from coVerDate Mar 15 2010 22:08 Jun 12, 2012 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6203 E:\BILLS\H4251.RH H4251

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1 locating aviation and maritime operational assets of the 

2 different agencies of the Department. In analyzing the po3 tential cost savings achieved by sharing aviation and mari4 time facilities, the study shall consider at a minimum the 

5 following factors: 

6 (1) Potential enhanced cooperation derived from 

7 Department personnel being co-located. 

8 (2) Potential cost of, and savings derived 

9 through, shared maintenance and logistics facilities 

10 and activities. 

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

12 such as runways, hangars, control towers, operations 

13 centers, piers and docks, boathouses, and fuel depots. 

14 (4) Short term moving costs required in order to 

15 co-locate facilities. 

16 (5) Acquisition and infrastructure costs for en17 larging current facilities as needed. 

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

19 of the enactment of this Act, the Secretary shall submit to 

20 the appropriate congressional committees a report summa21 rizing the results of the cost-benefit analysis required under 

22 subsection (a) and any planned actions based upon such 

23 results. 


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1 SEC. 104. STUDY OF MARITIME SECURITY REDUNDANCIES. 

2 The Comptroller General of the United States shall by 

3 not later than 1 year after the date of enactment of this 

4 Act— 

5 (1) conduct a review of port security and mari6 time law enforcement operations within the Depart7 ment to identify initiatives and programs with dupli8 cative, overlapping, or redundant goals and activities, 

9 including the cost of such duplication; and 

10 (2) submit to the appropriate congressional com11 mittees a report on the findings of the study, includ12 ing— 

13 (A) recommendations for consolidation, 

14 elimination, or increased cooperation to reduce 

15 unnecessary duplication found in the study; and 

16 (B) an analysis of personnel, maintenance, 

17 and operational costs related to unnecessarily 

18 duplicative, overlapping, or redundant goals and 

19 activities found in the study. 

20 SEC. 105. ACQUISITION AND STRATEGIC SOURCING OF MA21 RINE AND AVIATION ASSETS. 

22 (a) IN GENERAL.—Before initiating the acquisition of 

23 any new boat or aviation asset, the Secretary shall coordi24 nate across the agencies of the Department, as appropriate, 

25 to— 


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1 (1) identify common mission requirements before 

2 initiating a new acquisition program; and 

3 (2) standardize, to the extent practicable, equip4 ment purchases, streamline the acquisition process, 

5 and conduct best practices for strategic sourcing to 

6 improve control, reduce cost, and facilitate oversight 

7 of asset purchases prior to issuing a Request for Pro8 posal. 

9 (b) ESTABLISHMENT OF AVIATION AND MARITIME CO10 ORDINATION MECHANISM.—Not later than 180 days after 

11 the date of the enactment of this Act, the Secretary shall 

12 establish a coordinating mechanism for aviation and mari13 time issues, including issues related to the acquisition, ad14 ministration, operations, maintenance, and joint manage15 ment across the Department, in order to decrease procure16 ment and operational costs and increase efficiencies. 

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

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

19 length. 

20 SEC. 106. PORT SECURITY GRANT PROGRAM MANAGEMENT. 

21 (a) DETERMINATION OF APPLICATIONS.—Section 

22 70107(g) of title 46, United States Code, is amended 

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

24 following: 

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


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

2 ‘‘(2) DETERMINATION.—Notwithstanding any 

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

4 than 60 days after the date on which an applicant 

5 submits a complete application for a grant under this 

6 section, either approve or disapprove the applica7 tion.’’. 

8 (b) ADMINISTRATION OF COST SHARE DETERMINA9 TIONS.—Section 70107(c)(2) of title 46, United States Code, 

10 is amended— 

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

12 the following: 

13 ‘‘(B) HIGHER LEVEL OF SUPPORT RE14 QUIRED.—If the Secretary or the Secretary’s des15 ignee determines that a proposed project merits 

16 support and cannot be undertaken without a 

17 higher rate of Federal support, then the Sec18 retary or the Secretary’s designee may approve 

19 grants under this section for that project with a 

20 matching requirement other than that specified 

21 in paragraph (1).’’; and 

22 (2) by inserting after subparagraph (C) the fol23 lowing: 

24 ‘‘(D) COST SHARE DETERMINATIONS.—Not25 withstanding any other provision of law, not 


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1 later than 60 days after the date on which an 

2 applicant submits a complete application for a 

3 matching requirement waiver under this para4 graph the Secretary shall either approve or dis5 approve the application.’’. 

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

7 United States Code, is amended by adding after paragraph 

8 (4) the following: 

9 ‘‘(5) RELEASE OF FUNDS.—To the maximum ex10 tent practicable, the Secretary shall complete all nec11 essary programmatic reviews and release grant funds 

12 awarded under this section to the appropriate entity 

13 not later than 180 days after the date on which an 

14 applicant submits a complete application. 

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

16 shall utilize a period of performance of not less than 

17 3 years for expenditure of grant funds awarded under 

18 this section. 

19 ‘‘(7) EXTENSION DETERMINATIONS.—Notwith20 standing any other provision of law, not later than 

21 60 days after the date on which an applicant submits 

22 a complete application for an extension of the period 

23 of performance for a grant, the Secretary shall either 

24 approve or disapprove the application.’’. 


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1 SEC. 107. PORT SECURITY GRANT FUNDING FOR MANDATED 

2 SECURITY PERSONNEL. 

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

4 amended by striking the period and inserting the following: 

5 ‘‘, including overtime and backfill costs incurred in support 

6 of other expenditures authorized under this subsection, ex7 cept that not more than 50 percent of amounts received by 

8 a grantee under this section for a fiscal year may be used 

9 under this paragraph.’’. 

10 SEC. 108. INTERAGENCY OPERATIONAL CENTERS FOR PORT 

11 SECURITY. 

12 (a) PARTICIPATING PERSONNEL.—Section 

13 70107A(b)(1)(B) of title 46, United States Code, is amend14 ed— 

15 (1) by inserting ‘‘, not less than part-time rep16 resentation from U. S. Customs and Border Protec17 tion and U.S. Immigration and Customs Enforce18 ment,’’after ‘‘the Coast Guard’’; and 

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

20 Border Protection, the United States Immigration 

21 and Customs Enforcement,’’. 

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

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

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

25 congressional committees an assessment of— 


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1 (1) interagency operational centers under such 

2 section and the implementation of the amendments 

3 made by this section; 

4 (2) participation in such centers and by Federal 

5 agencies, State and local law enforcement agencies, 

6 port security agencies, and other public and private 

7 sector entities, including joint daily operational co8 ordination, training and certifying of non-Federal 

9 law enforcement personnel, and joint training exer10 cises; 

11 (3) deployment of interoperable communications 

12 equipment under subsection (e) of such section, in13 cluding— 

14 (A) an assessment of the cost-effectiveness 

15 and utility of such equipment for Federal agen16 cies, State and local law enforcement agencies, 

17 port security agencies, and other public and pri18 vate sector entities; 

19 (B) data showing which Federal agencies, 

20 State and local law enforcement agencies, port 

21 security agencies, and other public and private 

22 sector entities are utilizing such equipment; 

23 (C) an explanation of the process in place 

24 to obtain and incorporate feedback from Federal 

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1 cies, port security agencies, and other public and 

2 private sector entities that are utilizing such 

3 equipment in order to better meet their needs; 

4 and 

5 (D) an updated deployment schedule and 

6 life cycle cost estimate for the deployment of such 

7 equipment; and 

8 (4) mission execution and mission support ac9 tivities of such centers, including daily coordination 

10 activities, information sharing, intelligence integra11 tion, and operational planning. 

12 SEC. 109. REPORT ON DHS AVIATION ASSETS. 

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

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

15 of the United States shall submit to the appropriate con16 gressional committees a report that analyzes and compares 

17 the costs, capabilities, and missions of different aviation as18 sets, including unmanned aerial vehicles, utilized by the De19 partment to assess the relative costs of unmanned aerial ve20 hicles as compared to manned aerial vehicles, and any in21 creased operational benefits offered by unmanned aerial ve22 hicles as compared to manned aviation assets. 

23 (b) REQUIRED DATA.—The report required under sub24 section (a) shall include a detailed assessment of costs for 


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1 operating each type of asset described in such report, in2 cluding— 

3 (1) fuel costs; 

4 (2) crew and staffing costs; 

5 (3) maintenance costs; 

6 (4) communication and satellite bandwidth costs; 

7 (5) costs associated with the acquisition of each 

8 type of such asset; and 

9 (6) any other relevant costs necessary to provide 

10 a holistic analysis and to identify potential cost sav11 ings. 

12 SEC. 110. SMALL VESSEL THREAT ANALYSIS. 

13 Not later than 1 year after the date of enactment of 

14 this Act, the Secretary shall submit to the appropriate con15 gressional committees a report analyzing the threat of, vul16 nerability to, and consequence of an act of terrorism using 

17 a small vessel to attack United States vessels, ports, or mar18 itime interests. 

19 SEC. 111. U.S. CUSTOMS AND BORDER PROTECTION WORK20 FORCE PLAN. 

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

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

23 to the appropriate congressional committees a plan for opti24 mizing staffing levels for U.S. Customs and Border Protec25 tion personnel to carry out the mission of the Department, 


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1 including optimal levels of U.S. Customs and Border Pro2 tection staffing required to conduct all border security func3 tions. 

4 (b) CONSIDERATION OF PRIOR STAFFING RE5 SOURCES.—The staffing plan required under subsection (a) 

6 shall consider previous staffing models prepared by the De7 partment and assessments of threat and vulnerabilities. 

8 SEC. 112. INTEGRATED CROSS-BORDER MARITIME OPER9 ATIONS BETWEEN THE UNITED STATES AND 

10 CANADA. 

11 (a) IN GENERAL.—Subtitle C of title IV of the Home12 land Security Act of 2002 (6 U.S.C. 201 et seq.) is amended 

13 by adding at the end the following: 

14 ‘‘SEC. 432. INTEGRATED CROSS-BORDER MARITIME OPER15 ATIONS BETWEEN THE UNITED STATES AND 

16 CANADA. 

17 ‘‘(a) AUTHORIZATION.—The Secretary is authorized to 

18 establish an Integrated Cross-Border Maritime Operations 

19 Program to coordinate maritime security operations be20 tween the United States and Canada (in this section re21 ferred to as the ‘Program’). 

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

23 Commandant of the Coast Guard, shall administer the Pro24 gram in a manner that results in a cooperative approach 

25 between the United States and Canada to strengthen border 


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1 security and detect, prevent, suppress, investigate, and re2 spond to terrorism and violations of law related to border 

3 security. 

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

5 Commandant of the Coast Guard, in consultation with the 

6 Secretary of State, may— 

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

8 training program to create designated maritime law 

9 enforcement officers; 

10 ‘‘(2) conduct training jointly with Canada, in11 cluding training— 

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

13 suspected terrorists and individuals attempting 

14 to unlawfully cross or unlawfully use the inter15 national maritime border between the United 

16 States and Canada, to enhance border security; 

17 ‘‘(B) on the integration, analysis, and dis18 semination of port security information between 

19 the United States and Canada; 

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

21 and legal considerations related to the Program; 

22 ‘‘(D) on the use of force and maritime secu23 rity; 


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1 ‘‘(E) in operational procedures and protec2 tion of information and other sensitive informa3 tion; and 

4 ‘‘(F) on preparedness and response to mari5 time terrorist incidents. 

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

7 the Commandant of the Coast Guard, shall coordinate the 

8 Program with other similar border security and 

9 antiterrorism programs within the Department. 

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

11 may enter into any memorandum of agreement necessary 

12 to carry out the Program. 

13 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—To carry 

14 out this section there is authorized to be appropriated to 

15 the Secretary $2,000,000 for each of fiscal years 2013 and 

16 2014.’’. 

17 (b) CLERICAL AMENDMENT.—The table of contents in 

18 section 1(b) of such Act is amended by adding at the end 

19 of the items relating to such subtitle the following new item: 

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

and Canada.’’. 

20 SEC. 113. TRAINING AND CERTIFICATION OF TRAINING FOR 

21 PORT SECURITY. 

22 (a) USE OF PORT SECURITY GRANT FUNDS.—Section 

23 70107(b)(8) of title 46, United States Code, is amended to 

24 read as follows: 


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

2 enforcement officer employed by a law enforcement 

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

4 (b) MATCHING REQUIREMENT.—Section 

5 70107(c)(2)(C) of such title is amended to read as follows: 

6 ‘‘(C) TRAINING AND CERTIFICATION.—There 

7 are no matching requirements for grants under 

8 subsection (a) to train and certify law enforce9 ment personnel under section 70132 of this 

10 title.’’. 

11 (c) CREDENTIALING STANDARDS, TRAINING, AND CER12 TIFICATION.—Section 70132 of such title is amended as fol13 lows: 

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

15 State and local support for the enforce16 ment of security zones for the transpor17 tation of especially hazardous cargo’’ and 

18 inserting ‘‘of maritime law enforcement per19 sonnel’’. 

20 (2) By amending subsection (a) to read as fol21 lows: 

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

23 Guard shall establish standards for training, qualification, 

24 and certification of a law enforcement officer employed by 

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


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1 to a cooperative enforcement agreement, maritime security, 

2 maritime law enforcement, and maritime surge capacity 

3 activities.’’. 

4 (3) In subsection (b)(1), by amending subpara5 graphs (A) and (B) to read as follows: 

6 ‘‘(A) after notice and opportunity for public 

7 comment, may develop and publish training cur8 ricula for the standards established under sub9 section (a); and 

10 ‘‘(B) may— 

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

12 the curriculum is developed under subpara13 graph (A); 

14 ‘‘(ii) enter into an agreement under 

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

16 private sector entity may test and deliver 

17 such training; and 

18 ‘‘(iii) accept the results of training 

19 conducted by any Federal, State, local, trib20 al, or private sector entity under such an 

21 agreement.’’. 

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

23 the following: 

24 ‘‘(2) Any training developed under paragraph 

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


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1 Security Act shall be developed in consultation with 

2 the Federal Law Enforcement Training Center.’’. 

3 (5) In subsection (b)(4)— 

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

5 following: ‘‘other than an allocation made under 

6 the Dingell-Johnson Sport Fish Restoration Act 

7 (16 U.S.C. 777 et seq.),’’; and 

8 (B) by striking ‘‘training of personnel to as9 sist in the enforcement of security zones and lim10 ited access areas’’ and inserting ‘‘training and 

11 certifying personnel under this section’’. 

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

13 following: 

14 ‘‘(c) CERTIFICATION OF PERSONNEL.—The Com15 mandant of the Coast Guard may issue a certificate to law 

16 enforcement officer employed by a law enforcement agency, 

17 who has successfully completed training that the Com18 mandant has developed under this section.’’. 

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

20 ‘‘(d) TACTICAL TRAINING FOR LAW ENFORCEMENT

21 PERSONNEL.—The Commandant of the Coast Guard may 

22 make such training developed under this section available 

23 to law enforcement officers employed by a law enforcement 

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

25 basis, if the Commandant determines that— 


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

2 unavailable to undertake tactical training the author3 ization of which had been previously approved, and 

4 no other member of the Coast Guard is reasonably 

5 available to undertake such training; 

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

7 Guard personnel to undertake such training creates 

8 training capacity within the training program; and 

9 ‘‘(3) such training, if made available to such law 

10 enforcement officers, would contribute to achievement 

11 of the purposes of this section.’’. 

12 (d) CONFORMING AMENDMENT.—Chapter 701 of such 

13 title is amended— 

14 (1) by striking the heading for subchapter II and 

15 inserting the following: 

16 ‘‘Subchapter II—Port Security Training and 

17 Certification’’; and 

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

19 chapter— 

20 (A) by striking the item relating to the 

21 heading for subchapter II and inserting the fol22 lowing: 

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

23 (B) by striking the item relating to section 

24 70132 and inserting the following: 


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

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

2 title is amended— 

3 (1) by moving sections 70122, 70123, 70124, and 

4 70125 so as to appear at the end of subchapter I of 

5 such chapter; 

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

7 chapter, in the item relating to section 70107A, by 

8 adding at the end a period; and 

9 (3) by striking the heading for section 70124 and 

10 inserting the following: 

11 ‘‘§ 70124. Regulations’’. 

12 SEC. 114. NORTHERN BORDER UNMANNED AERIAL VEHICLE 

13 PILOT PROJECT. 

14 (a) RESEARCH AND DEVELOPMENT.—The Secretary 

15 shall research and develop technologies to allow routine op16 eration of medium-sized unmanned aerial vehicles, includ17 ing autonomously piloted drones, within the national air18 space for border and maritime security missions without 

19 any degradation of existing levels of security-related sur20 veillance or of safety for all national airspace system users. 

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

22 date of enactment of this Act, the Secretary shall commence 

23 a pilot project in segregated airspace along the northern 

24 border to conduct experiments and collect data in order to 


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1 accelerate the safe integration of medium-sized unmanned 

2 aircraft systems into the national airspace system. 

3 SEC. 115. RECOGNITION OF PORT SECURITY ASSESSMENTS 

4 CONDUCTED BY OTHER ENTITIES. 

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

6 amended by adding at the end the following new subsection: 

7 ‘‘(f) RECOGNITION OF ASSESSMENT CONDUCTED BY

8 OTHER ENTITIES.— 

9 ‘‘(1) CERTIFICATION AND TREATMENT OF AS10 SESSMENTS.—For the purposes of this section and 

11 section 70109, the Secretary may treat an assessment 

12 conducted by a foreign government or international 

13 organization as an assessment by the Secretary re14 quired by subsection (a), if the Secretary certifies that 

15 the assessment was conducted in accordance with sub16 section (b). 

17 ‘‘(2) AUTHORIZATION TO ENTER INTO AGREE18 MENTS OR ARRANGEMENTS.—The Secretary may 

19 enter into an agreement or arrangement with a for20 eign government or international organization, under 

21 which— 

22 ‘‘(A) such government or organization may, 

23 on behalf of the Secretary, conduct an assessment 

24 required under subsection (a), or share with the 


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1 Secretary information pertaining to such assess2 ments; and 

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

4 foreign government or organization, conduct an 

5 assessment described in subsection (a), or share 

6 with such foreign government or organization in7 formation pertaining to such assessments. 

8 ‘‘(3) LIMITATIONS.—Nothing in this subsection— 

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

10 assessment that a foreign government or an 

11 international organization conducts pursuant to 

12 this subsection; or 

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

14 Secretary to conduct an assessment under this 

15 section. 

16 ‘‘(4) NOTIFICATION.—Not later than 30 days be17 fore entering into an agreement or arrangement with 

18 a foreign government under paragraph (2), the Sec19 retary shall notify the appropriate congressional com20 mittees of the proposed terms of such agreement or ar21 rangement.’’. 


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1 SEC. 116. USE OF PORT SECURITY GRANT FUNDS FOR RE2 PLACEMENT OF SECURITY EQUIPMENT OR 

3 FACILITIES. 

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

5 amended by inserting ‘‘(including replacement)’’ after ‘‘ac6 quisition’’. 

7 TITLE II—MARITIME SUPPLY 

8 CHAIN SECURITY 

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

10 THE INTERNATIONAL SUPPLY CHAIN. 

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

12 amended— 

13 (1) by amending subsection (b) to read as fol14 lows: 

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

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

17 required under subsection (g), shall— 

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

19 redundancies or overlaps in the roles, responsibilities, 

20 or authorities of the agencies responsible for securing 

21 the supply chain, including— 

22 ‘‘(A) any unnecessary redundancies or over23 laps in Federal transportation security 

24 credentialing programs; and 


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1 ‘‘(B) any unnecessary redundancies or over2 laps in Federal trusted shipper or trusted trader 

3 programs; 

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

5 throughout the Federal Government to— 

6 ‘‘(A) improve coordination among the agen7 cies referred to in paragraph (1); 

8 ‘‘(B) facilitate the efficient flow of legiti9 mate commerce; 

10 ‘‘(C) enhance the security of the inter11 national supply chain; or 

12 ‘‘(D) address any gaps or overlaps described 

13 in paragraph (1); 

14 ‘‘(3) identify further regulatory or organiza15 tional changes necessary to — 

16 ‘‘(A) improve coordination among the agen17 cies 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 described 

23 in paragraph (1); 

24 ‘‘(4) provide measurable goals, including objec25 tives, mechanisms, and a schedule, for furthering the 


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1 security of commercial operations from point of ori2 gin to point of destination; 

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

4 costs and benefits; 

5 ‘‘(6) recommend additional incentives for vol6 untary measures taken by private sector entities to 

7 enhance supply chain security, including additional 

8 incentives for such entities participating in the Cus9 toms-Trade Partnership Against Terrorism in accord10 ance with sections 214, 215, and 216; 

11 ‘‘(7) consider the impact of supply chain security 

12 requirements on small- and medium- sized companies; 

13 ‘‘(8) identify a framework for prudent and meas14 ured response in the event of a transportation secu15 rity incident involving the international supply 

16 chain; 

17 ‘‘(9) provide updated protocols for the expedi18 tious resumption of the flow of trade in accordance 

19 with section 202; 

20 ‘‘(10) review and address implementation of les21 sons learned from recent exercises conducted under 

22 sections 114 and 115, and other international supply 

23 chain security, response, or recovery exercises that the 

24 Department participates in, as appropriate; 


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1 ‘‘(11) consider the linkages between supply chain 

2 security and security programs within other systems 

3 of movement, including travel security and terrorism 

4 finance programs; 

5 ‘‘(12) be informed by technologies undergoing re6 search, development, testing, and evaluation by the 

7 Department; and 

8 ‘‘(13) expand upon and relate to existing strate9 gies and plans for securing supply chains, including 

10 the National Response Plan, the National Maritime 

11 Transportation Security Plan, the National Strategy 

12 for Maritime Security, and the eight supporting 

13 plans of such National Strategy for Maritime Secu14 rity, as required by Homeland Security Presidential 

15 Directive 13.’’; 

16 (2) in subsection (g)— 

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

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

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

20 paragraphs: 

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

22 after the date on which the update of the strategic 

23 plan is submitted under paragraph (2), the Secretary 

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1 tees a report that contains a further update of the 

2 strategic plan. 

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

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

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

6 the Secretary shall submit to the appropriate congres7 sional committees an implementation plan for car8 rying out the strategic plan.’’; and 

9 (3) by adding at the end the following new sub10 section: 

11 ‘‘(h) THREAT ASSESSMENT.—In developing the reports 

12 and implementation plan required under subsection (g), the 

13 Secretary shall take into account an assessment of the cur14 rent threats to the global supply chain.’’. 

15 SEC. 202. CUSTOMS-TRADE PARTNERSHIP AGAINST TER16 RORISM. 

17 (a) UNANNOUNCED INSPECTIONS.—Section 217(a) of 

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

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

20 the following: 

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

22 any time’’; and 

23 (2) by inserting after paragraph (1), as redesig24 nated, the following new paragraph: 


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1 ‘‘(2) UNANNOUNCED INSPECTIONS.—The Sec2 retary, acting through the Commissioner, may con3 duct an unannounced inspection of a C-TPAT par4 ticipant’s security measures and supply chain secu5 rity practices if the Commissioner determines, based 

6 on previously identified deficiencies in security meas7 ures and supply chain security practices of the C8 TPAT participant, that there is a likelihood that such 

9 an inspection would assist in confirming the security 

10 measures in place and further the validation proc11 ess.’’. 

12 (b) PRIVATE SECTOR INFORMATION SHARING ON SE13 CURITY AND TERRORISM THREATS.—Subsection (d) of sec14 tion 216 of the SAFE Port Act (6 U.S.C. 966) is amended 

15 to read as follows: 

16 ‘‘(d) PRIVATE SECTOR INFORMATION SHARING ON SE17 CURITY AND TERRORISM THREATS.— 

18 ‘‘(1) IN GENERAL.—The Secretary shall promote 

19 information sharing, as appropriate, between and 

20 among the Department and C-TPAT participants 

21 and other private entities regarding— 

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

23 exploitations of the international supply chain; 

24 and 


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1 ‘‘(B) means and methods of preventing, re2 sponding to, and mitigating consequences from 

3 the vulnerabilities, attacks, and exploitations de4 scribed in subparagraph (A). 

5 ‘‘(2) CONTENTS.—The information sharing re6 quired under paragraph (1) may include— 

7 ‘‘(A) the creation of classified and unclassi8 fied means of accessing information that may be 

9 used by appropriately cleared personnel and that 

10 will provide, as appropriate, ongoing situational 

11 awareness of the security of the international 

12 supply chain; and 

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

14 a mechanism by which owners and operators of 

15 international supply chain infrastructure may 

16 report actual or potential security breaches.’’. 

17 SEC. 203. RECOGNITION OF OTHER COUNTRIES’ TRUSTED 

18 SHIPPER PROGRAMS. 

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

20 amended by adding at the end the following new subsection: 

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

22 SHIPPER PROGRAMS.—Not later than 30 days before sign23 ing an arrangement between the United States and a for24 eign government providing for mutual recognition of supply 

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1 tion of benefits described in section 214, 215, or 216, the 

2 Secretary shall— 

3 ‘‘(1) notify the appropriate congressional com4 mittees of the proposed terms of such arrangement; 

5 and 

6 ‘‘(2) determine, in consultation with the Com7 missioner, that the foreign government’s supply chain 

8 security program provides comparable security as 

9 that provided by C-TPAT.’’. 

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

11 BASED THIRD PARTY LOGISTICS PROVIDERS 

12 IN THE CUSTOMS-TRADE PARTNERSHIP 

13 AGAINST TERRORISM. 

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

15 date of the enactment of this Act, the Secretary shall develop 

16 a pilot program to determine whether allowing non-asset 

17 based third party logistics providers that arrange inter18 national transportation of freight to participate in the Cus19 toms-Trade Partnership Against Terrorism program, as de20 scribed in section 211 of the SAFE Port Act (6 U.S.C. 961), 

21 would enhance port security, combat terrorism, prevent 

22 supply chain security breaches, or meet the goals of the Cus23 toms-Trade Partnership Against Terrorism established pur24 suant to section 211 of the SAFE Port Act (6 U.S.C. 961). 

25 (b) REQUIREMENTS.— 


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1 (1) VOLUNTARY PARTICIPATION.—Participation 

2 by non-asset based third party logistics providers that 

3 arrange international transportation of freight taking 

4 part in the pilot program shall be voluntary. 

5 (2) MINIMUM NUMBER.—The Secretary shall en6 sure 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 con11 ducted 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 to 

14 the appropriate congressional committees a report on the 

15 findings and any recommendations of the pilot program 

16 concerning the participation in the Customs-Trade Part17 nership Against Terrorism of non-asset based third party 

18 logistics providers that arrange international transpor19 tation of freight to combat terrorism and prevent supply 

20 chain security breaches. 

21 SEC. 205. TRANSPORTATION WORKER IDENTIFICATION 

22 CREDENTIAL PROCESS REFORM. 

23 (a) SENSE OF CONGRESS.—To avoid further imposing 

24 unnecessary and costly regulatory burdens on United States 

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


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1 is urgent that the Transportation Worker Identification 

2 Credential (in this section referred to as the ‘‘TWIC’’) ap3 plication process be reformed by not later than the end of 

4 2012, when hundreds of thousands of current TWIC holders 

5 will begin to face the requirement to renew their TWICs. 

6 (b) TWIC APPLICATION REFORM.—Not later than 270 

7 days after the date of the enactment of this Act, the Sec8 retary shall reform the process for the enrollment, activa9 tion, issuance, and renewal of a TWIC to require, in total, 

10 not more than one in-person visit to a designated enroll11 ment center except in cases in which there are extenuating 

12 circumstances, as determined by the Secretary, requiring 

13 more than one such in-person visit. 

14 SEC. 206. EXPIRATION OF CERTAIN TRANSPORTATION 

15 WORKER IDENTIFICATION CREDENTIALS. 

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

17 Identification Credential required under part 101.514 of 

18 title 33, Code of Federal Regulations, that was issued before 

19 the date of enactment of this Act shall not expire before the 

20 earlier of— 

21 (1) the deadline for full implementation of a 

22 final rule issued by the Secretary for electronic read23 ers designed to work with Transportation Worker 

24 Identification Credentials as an access control and se25 curity measure issued pursuant to the advanced noVerDate Mar 15 2010 22:08 Jun 12, 2012 Jkt 019200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6203 E:\BILLS\H4251.RH H4251

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1 tice of proposed rulemaking published March 27, 2009 

2 (74 Fed. Reg. 58), as established by the final rule; or 

3 (2) June 30, 2014. 

4 (b) REVOCATION AUTHORITY NOT AFFECTED.—This 

5 section shall not be construed to affect the authority of the 

6 Secretary to revoke a Transportation Worker Identification 

7 Credential— 

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

9 qualified to hold such credential; or 

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

11 SEC. 207. SECURING THE TRANSPORTATION WORKER IDEN12 TIFICATION CREDENTIAL AGAINST USE BY 

13 UNAUTHORIZED ALIENS. 

14 (a) PROCESS.— 

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

16 the date of enactment of this Act, the Secretary shall 

17 establish a process to ensure, to the maximum extent 

18 practicable, that an individual who is not lawfully 

19 present in the United States cannot obtain or con20 tinue to use a Transportation Worker Identification 

21 Credential (in this section referred to as the 

22 ‘‘TWIC’’). 

23 (2) COMPONENTS.—In establishing the process 

24 under subsection (a), the Secretary shall— 


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1 (A) publish a list of documents that will 

2 identify non-United States citizen TWIC appli3 cants and verify their immigration statuses by 

4 requiring each such applicants to produce a doc5 ument or documents that demonstrate— 

6 (i) identity; and 

7 (ii) proof of lawful presence in the 

8 United States; and 

9 (B) establish training requirements to en10 sure that trusted agents at TWIC enrollment cen11 ters receive training to identify fraudulent docu12 ments. 

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

14 date of its expiration, or in the date on which the indi15 vidual to whom such a TWIC is issued is no longer lawfully 

16 present in the United States, whichever is earlier. 

17 SEC. 208. REPORT ON FEDERAL TRANSPORTATION SECU18 RITY CREDENTIALING PROGRAMS. 

19 Not later than 180 days after the date of the enactment 

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

21 congressional committees a report that identifies unneces22 sary redundancies or overlaps in Federal transportation se23 curity credentialing programs, including recommendations 

24 to reduce or eliminate such redundancies or overlaps. 


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Union Calendar No. 369 

112TH CONGRESS 

2D SESSION H. R. 4251 

[Report No. 112–521] 

A BILL 

To authorize, enhance, and reform certain port seHomeland Security, and for other purposes. risk-based coordination within the Department of curity programs through increased efficiency and 

JUNE 12, 2012 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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