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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4251 Introduced in House (IH)]

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Securing Maritime Activities through 
Risk-based Targeting for Port Security Act'' or the ``SMART Port 
Security Act''.

SEC. 2. TABLE OF CONTENTS.

    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. 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.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' has the meaning given 
        such term in section 2 of the Homeland Security Act of 2002 (6 
        U.S.C. 101).
            (2) Department.--The term ``Department'' means the 
        Department of Homeland Security.
            (3) Function.--The term ``function'' includes authorities, 
        powers, rights, privileges, immunities, programs, projects, 
        activities, duties, and responsibilities.
            (4) Local government.--The term ``local government'' 
        means--
                    (A) a county, municipality, city, town, township, 
                local public authority, school district, special 
                district, intrastate district, council of governments 
                (regardless of whether the council of governments is 
                incorporated as a nonprofit corporation under State 
                law), regional or interstate government entity, or 
                agency or instrumentality of a local government;
                    (B) an Indian tribe or authorized tribal 
                organization, or in Alaska a Native village or Alaska 
                Regional Native Corporation; and
                    (C) a rural community, unincorporated town or 
                village, or other public entity.
            (5) Personnel.--The term ``personnel'' means officers and 
        employees.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.
            (7) State.--The term ``State'' means any State of the 
        United States, the District of Columbia, the Commonwealth of 
        Puerto Rico, the United States Virgin Islands, Guam, American 
        Samoa, the Commonwealth of the Northern Mariana Islands, and 
        any possession of the United States.
            (8) Terrorism.--The term ``terrorism'' has the meaning 
        given such term in section 2 of the Homeland Security Act of 
        2002 (6 U.S.C. 101).
            (9) United states.--The term ``United States'', when used 
        in a geographic sense, means any State of the United States, 
        the District of Columbia, the Commonwealth of Puerto Rico, the 
        Virgin Islands, Guam, American Samoa, the Commonwealth of the 
        Northern Mariana Islands, any possession of the United States, 
        and any waters within the jurisdiction of the United States.

    TITLE I--DEPARTMENT OF HOMELAND SECURITY PORT SECURITY PROGRAMS

SEC. 101. UPDATES OF MARITIME OPERATIONS COORDINATION PLAN.

    (a) In General.--Not later than July 1, 2014, the Secretary, acting 
through the Department's Office of Operations Coordination and 
Planning, shall submit to the appropriate congressional committees a 
maritime operations coordination plan for the coordination and 
cooperation of maritime operations undertaken by the agencies within 
the Department. Such plan shall update the maritime operations 
coordination plan released by the Department in July 2011, and shall 
address the following:
            (1) Coordination of planning, integration of maritime 
        operations, and development of joint situational awareness of 
        any office or agency of the Department with responsibility for 
        maritime homeland security missions.
            (2) Maintaining effective information sharing and, as 
        appropriate, intelligence integration, with Federal, State, and 
        local officials and the private sector, regarding threats to 
        maritime security.
            (3) Leveraging existing departmental coordination 
        mechanisms, including the Interagency Operational Centers, as 
        authorized under section 70107A of title 46, United States 
        Code, the U.S. Customs and Border Protection Air and Marine 
        Operations Center, the U.S. Customs and Border Protection 
        Operational Integration Center, and other regional maritime 
        operational command centers.
            (4) Cooperation and coordination with other agencies of the 
        Federal Government, and State and local agencies, in the 
        maritime environment, in support of maritime homeland security 
        missions.
            (5) Work conducted within the context of other national and 
        Department maritime security strategic guidance.
    (b) Additional Updates.--Not later than July 1, 2019, the 
Secretary, acting through the Department's Office of Operations 
Coordination and Planning, shall submit to the appropriate 
congressional committees an additional update to the maritime 
operations coordination plan.

SEC. 102. U.S. CUSTOMS AND BORDER PROTECTION OFFICE OF AIR AND MARINE 
              ASSET DEPLOYMENT.

    (a) In General.--Any new asset deployment by the U.S. Customs and 
Border Protection's Office of Air and Marine, following the date of the 
enactment of this Act, shall, to the greatest extent practicable, occur 
in accordance with a risk-based assessment that considers mission 
needs, performance results, threats, costs, and any other relevant 
factors identified by the Secretary. Specific factors to be included in 
such assessment shall include, at a minimum, the following:
            (1) Mission requirements that prioritize the operational 
        needs of field commanders to secure the United States border 
        and ports.
            (2) Other Department assets available to help address any 
        unmet border and port security mission needs.
            (3) Risk analysis showing positioning of the asset at issue 
        to respond to intelligence on emerging terrorist and other 
        threats.
            (4) Cost-benefit analysis showing the relative ability to 
        use the asset at issue in the most cost-effective way to reduce 
        risk and achieve mission success.
    (b) Considerations.--An assessment required under subsection (a) 
shall consider applicable Federal guidance, standards, and agency 
strategic and performance plans, including the following:
            (1) The most recent Departmental Quadrennial Homeland 
        Security Review, and any follow-up guidance related to such 
        Review.
            (2) The Department's Annual Performance Plans.
            (3) Department policy guiding use of integrated risk 
        management in resource allocation decisions.
            (4) Department and U.S. Customs and Border Protection 
        Strategic Plans and Resource Deployment Plans.
            (5) Applicable aviation guidance from the Department, 
        including the DHS Aviation Concept of Operations.
            (6) Other strategic and acquisition guidance promulgated by 
        the Federal Government as the Secretary determines appropriate.
    (c) Audit and Report.--The Inspector General of the Department 
shall biennially audit the deployment of new assets within U.S. Customs 
and Border Protection's Office of Air and Marine and submit to the 
appropriate congressional committees a report on the compliance of the 
Department with the requirements of this section.

SEC. 103. COST-BENEFIT ANALYSIS OF CO-LOCATING OPERATIONAL ENTITIES.

    (a) In General.--For all locations in which U.S. Customs and Border 
Protection's Office of Air and Marine operates that are within 25 miles 
of locations where any other Department agency also operates air and 
marine assets, the Secretary shall conduct a cost-benefit analysis to 
consider the potential cost savings from co-locating aviation and 
maritime operational assets of the different agencies of the 
Department. In analyzing the potential cost savings achieved by sharing 
aviation and maritime facilities, the study shall consider at a minimum 
the following factors:
            (1) Potential enhanced cooperation derived from Department 
        personnel being co-located.
            (2) Potential cost savings derived through shared 
        maintenance and logistics facilities and activities.
            (3) Joint use of base and facility infrastructure, such as 
        runways, hangars, control towers, operations centers, piers and 
        docks, boathouses, and fuel depots.
            (4) Short term moving costs required in order to co-locate 
        facilities.
            (5) Acquisition and infrastructure costs for enlarging 
        current facilities as needed.
    (b) Report.--Not later than one year after the date of the 
enactment of this Act, the Secretary shall submit to the appropriate 
congressional committees a report summarizing the results of the cost-
benefit analysis required under subsection (a) and any planned actions 
based upon such results.

SEC. 104. STUDY OF MARITIME SECURITY REDUNDANCIES.

    The Comptroller General of the United States shall by not later 
than 1 year after the date of enactment of this Act--
            (1) conduct a review of port security and maritime law 
        enforcement operations within the Department to identify 
        initiatives and programs with duplicative, overlapping, or 
        redundant goals and activities, including the cost of such 
        duplication; and
            (2) submit to the appropriate congressional committees a 
        report on the findings of the study, including--
                    (A) recommendations for consolidation, elimination, 
                or increased cooperation to reduce unnecessary 
                duplication found in the study; and
                    (B) an analysis of personnel, maintenance, and 
                operational costs related to unnecessarily duplicative, 
                overlapping, or redundant goals and activities found in 
                the study.

SEC. 105. ACQUISITION AND STRATEGIC SOURCING OF MARINE AND AVIATION 
              ASSETS.

    (a) In General.--Before initiating the acquisition of any new boat 
or aviation asset, the Secretary shall coordinate across the agencies 
of the Department, as appropriate, to--
            (1) identify common mission requirements before initiating 
        a new acquisition program; and
            (2) standardize, to the extent practicable, equipment 
        purchases, streamline the acquisition process, and conduct best 
        practices for strategic sourcing to improve control, reduce 
        cost, and facilitate oversight of asset purchases prior to 
        issuing a Request for Proposal.
    (b) Establishment of Aviation and Maritime Coordination 
Mechanism.--Not later than 180 days after the date of the enactment of 
this Act, the Secretary shall establish a coordinating mechanism for 
aviation and maritime issues, including issues related to the 
acquisition, administration, operations, maintenance, and joint 
management across the Department, in order to decrease procurement and 
operational costs and increase efficiencies.
    (c) Special Rule.--For the purposes of this section, a boat shall 
be considered any vessel less than 65 feet in length.

SEC. 106. PORT SECURITY GRANT PROGRAM MANAGEMENT.

    (a) Determination of Applications.--Section 70107(g) of title 46, 
United States Code, is amended--
            (1) by striking ``Any entity'' and inserting the following:
            ``(1) In general.--Any entity''; and
            (2) by adding at the end the following:
            ``(2) Determination.--Notwithstanding any other provision 
        of law, the Secretary shall, not later than 60 days after the 
        date on which an applicant submits a complete application for a 
        grant under this section, either approve or disapprove the 
        application.''.
    (b) Administration of Cost Share Determinations.--Section 
70107(c)(2) of title 46, United States Code, is amended by inserting 
after subparagraph (C) the following:
                    ``(D) Cost share determinations.--Notwithstanding 
                any other provision of law, not later than 60 days 
                after the date on which an applicant submits a complete 
                application for a matching requirement (other than a 
                project specified in paragraph (1)), the Secretary 
                shall either approve or disapprove the application.''.
    (c) Administration of Extensions.--Section 70107(i) of title 46, 
United States Code, is amended by inserting after paragraph (4) the 
following:
            ``(5) Extension determinations.--Notwithstanding any other 
        provision of law, not later than 60 days after the date on 
        which an applicant submits a complete application for a grant 
        extension, the Secretary shall either approve or disapprove the 
        application.''.

SEC. 107. INTERAGENCY OPERATIONAL CENTERS FOR PORT SECURITY.

    (a) Participating Personnel.--Section 70107A(b)(1)(B) of title 46, 
United States Code, is amended--
            (1) by inserting ``, not less than part-time representation 
        from U.S. Customs and Border Protection and U.S. Immigration 
        and Customs Enforcement,'' after ``the Coast Guard''; and
            (2) by striking ``the United States Customs and Border 
        Protection and the United States Immigration and Customs 
        Enforcement,''.
    (b) Assessment.--Not later than one year after the date of 
enactment of this Act the Secretary (as that term is used in that 
section) shall transmit to the appropriate congressional committees an 
assessment of--
            (1) interagency operational centers under such section and 
        the implementation of the amendments made by this section;
            (2) participation in such centers and by Federal agencies, 
        State and local law enforcement agencies, port security 
        agencies, and other public and private sector entities, 
        including joint daily operational coordination, training and 
        certifying of non-Federal law enforcement personnel, and joint 
        training exercises;
            (3) deployment of interoperable communications equipment 
        under subsection (e) of such section, including--
                    (A) an assessment of the cost-effectiveness and 
                utility of such equipment for Federal agencies, State 
                and local law enforcement agencies, port security 
                agencies, and other public and private sector entities;
                    (B) data showing which Federal agencies, State and 
                local law enforcement agencies, port security agencies, 
                and other public and private sector entities are 
                utilizing such equipment;
                    (C) an explanation of the process in place to 
                obtain and incorporate feedback from Federal agencies, 
                State and local law enforcement agencies, port security 
                agencies, and other public and private sector entities 
                that are utilizing such equipment in order to better 
                meet their needs; and
                    (D) an updated deployment schedule and life cycle 
                cost estimate for the deployment of such equipment; and
            (4) mission execution and mission support activities of 
        such centers, including daily coordination activities, 
        information sharing, intelligence integration, and operational 
        planning.

SEC. 108. REPORT ON DHS AVIATION ASSETS.

    (a) In General.--Not later than one year after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall submit to the appropriate congressional committees a report that 
analyzes and compares the costs, capabilities, and missions of 
different aviation assets, including unmanned aerial vehicles, utilized 
by the Department to assess the relative costs of unmanned aerial 
vehicles as compared to manned aerial vehicles, and any increased 
operational benefits offered by unmanned aerial vehicles as compared to 
manned aviation assets.
    (b) Required Data.--The report required under subsection (a) shall 
include a detailed assessment of costs for operating each type of asset 
described in such report, including--
            (1) fuel costs;
            (2) crew and staffing costs;
            (3) maintenance costs;
            (4) communication and satellite bandwidth costs;
            (5) costs associated with the acquisition of each type of 
        such asset; and
            (6) any other relevant costs necessary to provide a 
        holistic analysis and to identify potential cost savings.

SEC. 109. SMALL VESSEL THREAT ANALYSIS.

    Not later than 1 year after the date of enactment of this Act, the 
Secretary shall submit to the appropriate congressional committees a 
report analyzing the threat of, vulnerability to, and consequence of an 
act of terrorism using a small vessel to attack United States vessels, 
ports, or maritime interests.

SEC. 110. U.S. CUSTOMS AND BORDER PROTECTION WORKFORCE PLAN.

    (a) In General.--Not later than one year after the date of the 
enactment of this Act, the Secretary shall submit to the appropriate 
congressional committees a plan for optimizing staffing levels for U.S. 
Customs and Border Protection personnel to carry out the mission of the 
Department, including optimal levels of U.S. Customs and Border 
Protection staffing required to conduct all border security functions.
    (b) Methodology.--In preparing the staffing plan required under 
subsection (a), the Secretary shall include an evaluation that compares 
a risk-based allocation of staffing at and between the ports of entry 
against a random sampling model.
    (c) Consideration of Prior Staffing Resources.--The staffing plan 
shall consider previous staffing models prepared by the Department and 
assessments of threat and vulnerabilities.

                TITLE II--MARITIME SUPPLY CHAIN SECURITY

SEC. 201. STRATEGIC PLAN TO ENHANCE THE SECURITY OF THE INTERNATIONAL 
              SUPPLY CHAIN.

    Section 201 of the SAFE Port Act (6 U.S.C. 941) is amended--
            (1) by amending subsection (b) to read as follows:
    ``(b) Requirements.--The strategic plan required under subsection 
(a), and any updates to the strategic plan required under subsection 
(g), shall--
            ``(1) identify and address gaps and unnecessary 
        redundancies or overlaps in the roles, responsibilities, or 
        authorities of the agencies responsible for securing the supply 
        chain, including--
                    ``(A) any unnecessary redundancies or overlaps in 
                Federal transportation security credentialing programs; 
                and
                    ``(B) any unnecessary redundancies or overlaps in 
                Federal trusted shipper or trusted trader programs;
            ``(2) review ongoing efforts to align activities throughout 
        the Federal Government to--
                    ``(A) improve coordination among the agencies 
                referred to in paragraph (1);
                    ``(B) facilitate the efficient flow of legitimate 
                commerce;
                    ``(C) enhance the security of the international 
                supply chain; or
                    ``(D) address any gaps or overlaps described in 
                paragraph (1);
            ``(3) identify and make recommendations regarding further 
        legislative, regulatory, or organizational changes necessary 
        to--
                    ``(A) improve coordination among the agencies 
                referred to in paragraph (1);
                    ``(B) facilitate the efficient flow of legitimate 
                commerce;
                    ``(C) enhance the security of the international 
                supply chain; or
                    ``(D) address any gaps or overlaps described in 
                paragraph (1);
            ``(4) provide measurable goals, including objectives, 
        mechanisms, and a schedule, for furthering the security of 
        commercial operations from point of origin to point of 
        destination;
            ``(5) build on available resources and consider costs and 
        benefits;
            ``(6) recommend additional incentives for voluntary 
        measures taken by private sector entities to enhance supply 
        chain security, including additional incentives for such 
        entities participating in the Customs-Trade Partnership Against 
        Terrorism in accordance with sections 214, 215, and 216;
            ``(7) consider the impact of supply chain security 
        requirements on small- and medium-sized companies;
            ``(8) identify a framework for prudent and measured 
        response in the event of a transportation security incident 
        involving the international supply chain;
            ``(9) provide updated protocols for the expeditious 
        resumption of the flow of trade in accordance with section 202;
            ``(10) review and address implementation of lessons learned 
        from recent exercises conducted under sections 114 and 115, and 
        other international supply chain security, response, or 
        recovery exercises that the Department participates in, as 
        appropriate;
            ``(11) consider the linkages between supply chain security 
        and security programs within other systems of movement, 
        including travel security and terrorism finance programs;
            ``(12) be informed by technologies undergoing research, 
        development, testing, and evaluation by the Department; and
            ``(13) expand upon and relate to existing strategies and 
        plans for securing supply chains, including the National 
        Response Plan, the National Maritime Transportation Security 
        Plan, the National Strategy for Maritime Security, and the 
        eight supporting plans of such National Strategy for Maritime 
        Security, as required by Homeland Security Presidential 
        Directive 13.'';
            (2) in subsection (g)--
                    (A) in the header, by striking ``Final'' and 
                inserting ``Updated''; and
                    (B) by adding at the end the following new 
                paragraphs:
            ``(3) Final report.--Not later than two years after the 
        date on which the update of the strategic plan is submitted 
        under paragraph (2), the Secretary shall submit to the 
        appropriate congressional committees a report that contains a 
        further update of the strategic plan.
            ``(4) Implementation plan.--Not later than one year after 
        the date on which the final update of the strategic plan is 
        submitted under paragraph (3), the Secretary shall submit to 
        the appropriate congressional committees an implementation plan 
        for carrying out the strategic plan.''; and
            (3) by adding at the end the following new subsection:
    ``(h) Threat Assessment.--In developing the reports and 
implementation plan required under subsection (g), the Secretary shall 
take into account an assessment of the current threats to the global 
supply chain.''.

SEC. 202. CUSTOMS-TRADE PARTNERSHIP AGAINST TERRORISM.

    (a) Unannounced Inspections.--Section 217(a) of the SAFE Port Act 
(6 U.S.C. 967(a)) is amended--
            (1) by striking ``If at any time'' and inserting the 
        following:
            ``(1) Failure to meet requirements.--If at any time''; and
            (2) by inserting after paragraph (1), as redesignated, the 
        following new paragraph:
            ``(2) Unannounced inspections.--The Secretary, acting 
        through the Commissioner, may conduct an unannounced inspection 
        of a C-TPAT participant's security measures and supply chain 
        security practices if the Commissioner determines, based on 
        previously identified deficiencies in security measures and 
        supply chain security practices of the C-TPAT participant, that 
        there is a significant likelihood that such an inspection would 
        assist in confirming the security measures in place and further 
        the validation process.''.
    (b) Private Sector Information Sharing on Security and Terrorism 
Threats.--Subsection (d) of section 216 of the SAFE Port Act (6 U.S.C. 
966) is amended to read as follows:
    ``(d) Private Sector Information Sharing on Security and Terrorism 
Threats.--
            ``(1) In general.--The Secretary shall promote information 
        sharing between and among the Department and Tier 2 and 3 
        participants and other private entities regarding--
                    ``(A) potential vulnerabilities, attacks, and 
                exploitations of the international supply chain; and
                    ``(B) means and methods of preventing, responding 
                to, and mitigating consequences from the 
                vulnerabilities, attacks, and exploitations described 
                in subparagraph (A).
            ``(2) Contents.--The information sharing required under 
        paragraph (1) may include--
                    ``(A) the creation of classified and unclassified 
                means of accessing information that may be used by 
                appropriately cleared personnel and that will provide, 
                as appropriate, ongoing situational awareness of the 
                security of the international supply chain; and
                    ``(B) the creation of guidelines to establish a 
                mechanism by which owners and operators of 
                international supply chain infrastructure may report 
                actual or potential security breaches.''.

SEC. 203. RECOGNITION OF OTHER COUNTRIES' TRUSTED SHIPPER PROGRAMS.

    Section 218 of the SAFE Port Act (6 U.S.C. 968) is amended by 
adding at the end the following new subsection:
    ``(j) Recognition of Other Countries' Trusted Shipper Programs.--
Not later than 30 days before entering into negotiations, and again 30 
days before signing an arrangement, between the United States and a 
foreign government providing for mutual recognition of supply chain 
security practices which might result in the utilization of benefits 
described in section 214, 215, or 216, the Secretary shall--
            ``(1) notify the appropriate congressional committees of 
        the proposed terms of such arrangement; and
            ``(2) determine, in consultation with the Commissioner, 
        that the foreign government's supply chain security program 
        provides comparable security as that provided by C-TPAT.''.

SEC. 204. PILOT PROGRAM FOR INCLUSION OF NON-ASSET BASED THIRD PARTY 
              LOGISITICS PROVIDERS IN THE CUSTOMS-TRADE PARTNERSHIP 
              AGAINST TERRORISM.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary shall develop a pilot program to 
determine whether allowing non-asset based third party logistics 
providers that arrange international transportation of freight to 
participate in the Customs-Trade Partnership Against Terrorism program, 
as described in section 211 of the SAFE Port Act (6 U.S.C. 961), would 
enhance port security, combat terrorism, prevent supply chain security 
breaches, or meet the goals of the Customs-Trade Partnership Against 
Terrorism established pursuant to section 211 of the SAFE Port Act (6 
U.S.C. 961).
    (b) Requirements.--
            (1) Voluntary participation.--Participation by non-asset 
        based third party logistics providers that arrange 
        international transportation of freight taking part in the 
        pilot program shall be voluntary.
            (2) Minimum number.--The Secretary shall ensure that not 
        fewer than five non-asset based third party logistics providers 
        that arrange international transportation of freight take part 
        in the pilot program.
            (3) Duration.--The pilot program shall be conducted for a 
        minimum duration of one year.
    (c) Report.--Not later than 180 days after the conclusion of the 
pilot program, the Secretary shall submit to the appropriate 
congressional committees a report on the findings and any 
recommendations of the pilot program concerning the participation in 
the Customs-Trade Partnership Against Terrorism of non-asset based 
third party logistics providers that arrange international 
transportation of freight to combat terrorism and prevent supply chain 
security breaches.

SEC. 205. TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL PROCESS 
              REFORM.

    (a) Sense of Congress.--To avoid further imposing unnecessary and 
costly regulatory burdens on United States workers and businesses, it 
is the sense of Congress that it is urgent that the Transportation 
Worker Identification Credential (in this section referred to as the 
``TWIC'') application process be reformed by not later than the end of 
2012, when hundreds of thousands of current TWIC holders will begin to 
face the requirement to renew their TWICs.
    (b) TWIC Application Reform.--Not later than 270 days after the 
date of the enactment of this Act, the Secretary shall reform the 
process for the enrollment, activation, issuance, and renewal of a TWIC 
to require, in total, not more than one in-person visit to a designated 
enrollment center except in cases in which there are extenuating 
circumstances, as determined by the Secretary, requiring more than one 
such in-person visit.

SEC. 206. ISSUANCE OF FINAL RULE RELATING TO TRANSPORTATION WORKER 
              IDENTIFICATION CREDENTIAL READER REQUIREMENTS.

    (a) Deadline.--The Secretary shall issue the final rule for 
installation of electronic readers to verify Transportation Worker 
Identification Credentials as an access control and security measure 
issued pursuant to the advanced notice of proposed rulemaking published 
on March 27, 2009 (74 Fed. Reg. 58).
    (b) Stay of Expirations.--If the final rule required under 
subsection (a) is not issued by December 31, 2014, no expiration shall 
take affect for any Transportation Worker Identification Credential due 
to expire after December 31, 2014, until the date on which the final 
rule required under subsection (a) is issued.
    (c) Revocation of Authority Not Affected.--This section shall not 
be construed to affect the authority of the Secretary to revoke a 
Transportation Worker Identification Credential--
            (1) based on information that the holder of such Credential 
        is not qualified to hold such Credential; or
            (2) if such Credential is lost, damaged, or stolen.

SEC. 207. SECURING THE TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL 
              AGAINST USE BY UNAUTHORIZED ALIENS.

    (a) Process.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary shall establish a process 
        to ensure, to the maximum extent practicable, that an 
        individual who is not lawfully present in the United States 
        cannot obtain or continue to use a Transportation Worker 
        Identification Credential (in this section referred to as the 
        ``TWIC'').
            (2) Components.--In establishing the process under 
        subsection (a), the Secretary shall--
                    (A) publish a list of documents that will identify 
                non-United States citizen TWIC applicants and verify 
                their immigration statuses by requiring each such 
                applicants to produce a document or documents that 
                demonstrate--
                            (i) identity; and
                            (ii) proof of lawful presence in the United 
                        States; and
                    (B) establish training requirements to ensure that 
                trusted agents at TWIC enrollment centers receive 
                training to identify fraudulent documents.
    (b) Expiration of TWICs.--A TWIC expires on the date of its 
expiration, or in the date on which the individual to whom such a TWIC 
is issued is no longer lawfully present in the United States, whichever 
is earlier.
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