19–006 

112TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 112–521 

SECURING MARITIME ACTIVITIES THROUGH RISK-BASED 

TARGETING FOR PORT SECURITY ACT 

JUNE 12, 2012.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. KING of New York, from the Committee on Homeland Security, 

submitted the following 

R E P O R T 

together with 

ADDITIONAL VIEWS 

[To accompany H.R. 4251] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Homeland Security, to whom was referred the 

bill (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, having considered the same, report favorably thereon with an amendment and recommend that the bill as amended 

do pass. 

CONTENTS 

Page 

Purpose and Summary ............................................................................................ 12 

Background and Need for Legislation .................................................................... 12 

Hearings ................................................................................................................... 12 

Committee Consideration ........................................................................................ 13 

Committee Votes ...................................................................................................... 14 

Committee Oversight Findings ............................................................................... 14 

New Budget Authority, Entitlement Authority, and Tax Expenditures ............. 14 

Congressional Budget Office Estimate ................................................................... 14 

Statement of General Performance Goals and Objectives .................................... 17 

Congressional Earmarks, Limited Tax Benefits, and Limited Tariff Benefits ... 17 

Federal Mandates Statement ................................................................................. 17 

Preemption Clarification ......................................................................................... 18 

Advisory Committee Statement .............................................................................. 18 

Applicability to Legislative Branch ........................................................................ 18 

Section-by-Section Analysis of the Legislation ...................................................... 18 

Changes in Existing Law Made by the Bill, as Reported ..................................... 24 

Additional Views ...................................................................................................... 36 


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The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

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. 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. 

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. 


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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 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 


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conduct a cost-benefit analysis to consider the potential cost of and savings derived 

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 of, and 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— 

(1) by striking subparagraph (B) and inserting the following: 

‘‘(B) HIGHER LEVEL OF SUPPORT REQUIRED.—If the Secretary or the Secretary’s designee determines that a proposed project merits support and 

cannot be undertaken without a higher rate of Federal support, then the 

Secretary or the Secretary’s designee may approve grants under this section 


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for that project with a matching requirement other than that specified in 

paragraph (1).’’; and 

(2) 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 waiver under this paragraph the Secretary shall either approve or disapprove the application.’’. 

(c) ADMINISTRATION.—Section 70107(i) of title 46, United States Code, is amended 

by adding after paragraph (4) the following: 

‘‘(5) RELEASE OF FUNDS.—To the maximum extent practicable, the Secretary 

shall complete all necessary programmatic reviews and release grant funds 

awarded under this section to the appropriate entity not later than 180 days 

after the date on which an applicant submits a complete application. 

‘‘(6) PERFORMANCE PERIOD.—The Secretary shall utilize a period of performance of not less than 3 years for expenditure of grant funds awarded under this 

section. 

‘‘(7) 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 an extension of the period of performance for a grant, the 

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

SEC. 107. PORT SECURITY GRANT FUNDING FOR MANDATED SECURITY PERSONNEL. 

Section 70107(b)(1) of title 46, United States Code, is amended by striking the period and inserting the following: ‘‘, including overtime and backfill costs incurred in 

support of other expenditures authorized under this subsection, except that not 

more than 50 percent of amounts received by a grantee under this section for a fiscal year may be used under this paragraph.’’. 

SEC. 108. 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, 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. 109. 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 


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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. 110. 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. 111. 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) CONSIDERATION OF PRIOR STAFFING RESOURCES.—The staffing plan required 

under subsection (a) shall consider previous staffing models prepared by the Department and assessments of threat and vulnerabilities. 

SEC. 112. INTEGRATED CROSS-BORDER MARITIME OPERATIONS BETWEEN THE UNITED 

STATES AND CANADA. 

(a) IN GENERAL.—Subtitle C of title IV of the Homeland Security Act of 2002 (6 

U.S.C. 201 et seq.) is amended by adding at the end the following: 

‘‘SEC. 432. INTEGRATED CROSS-BORDER MARITIME OPERATIONS BETWEEN THE UNITED 

STATES AND CANADA. 

‘‘(a) AUTHORIZATION.—The Secretary is authorized to establish an Integrated 

Cross-Border Maritime Operations Program to coordinate maritime security operations between the United States and Canada (in this section referred to as the 

‘Program’). 

‘‘(b) PURPOSE.—The Secretary, acting through the Commandant of the Coast 

Guard, shall administer the Program in a manner that results in a cooperative approach between the United States and Canada to strengthen border security and 

detect, prevent, suppress, investigate, and respond to terrorism and violations of law 

related to border security. 

‘‘(c) TRAINING.—The Secretary, acting through the Commandant of the Coast 

Guard, in consultation with the Secretary of State, may— 

‘‘(1) establish, as an element of the Program, a training program to create 

designated maritime law enforcement officers; 

‘‘(2) conduct training jointly with Canada, including training— 

‘‘(A) on the detection and apprehension of suspected terrorists and individuals attempting to unlawfully cross or unlawfully use the international 

maritime border between the United States and Canada, to enhance border 

security; 

‘‘(B) on the integration, analysis, and dissemination of port security information between the United States and Canada; 

‘‘(C) on the respective policy, regulatory, and legal considerations related 

to the Program; 

‘‘(D) on the use of force and maritime security; 

‘‘(E) in operational procedures and protection of information and other 

sensitive information; and 

‘‘(F) on preparedness and response to maritime terrorist incidents. 

‘‘(d) COORDINATION.—The Secretary, acting through the Commandant of the Coast 

Guard, shall coordinate the Program with other similar border security and 

antiterrorism programs within the Department. 

‘‘(e) MEMORANDA OF AGREEMENT.—The Secretary may enter into any memorandum of agreement necessary to carry out the Program. 

‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—To carry out this section there is authorized to be appropriated to the Secretary $2,000,000 for each of fiscal years 2013 

and 2014.’’. 


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(b) CLERICAL AMENDMENT.—The table of contents in section 1(b) of such Act is 

amended by adding at the end of the items relating to such subtitle the following 

new item: 

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

SEC. 113. TRAINING AND CERTIFICATION OF TRAINING FOR PORT SECURITY. 

(a) USE OF PORT SECURITY GRANT FUNDS.—Section 70107(b)(8) of title 46, United 

States Code, is amended to read as follows: 

‘‘(8) The cost of training and certifying a law enforcement officer employed by 

a law enforcement agency under section 70132 of this title.’’. 

(b) MATCHING REQUIREMENT.—Section 70107(c)(2)(C) of such title is amended to 

read as follows: 

‘‘(C) TRAINING AND CERTIFICATION.—There are no matching requirements 

for grants under subsection (a) to train and certify law enforcement personnel under section 70132 of this title.’’. 

(c) CREDENTIALING STANDARDS, TRAINING, AND CERTIFICATION.—Section 70132 of 

such title is amended as follows: 

(1) In the section heading, by striking ‘‘for State and local support for the 

enforcement of security zones for the transportation of especially hazardous cargo’’ and inserting ‘‘of maritime law enforcement personnel’’. 

(2) By amending subsection (a) to read as follows: 

‘‘(a) STANDARDS.—The Commandant of the Coast Guard shall establish standards 

for training, qualification, and certification of a law enforcement officer employed by 

a law enforcement agency, to conduct or execute, pursuant to a cooperative enforcement agreement, maritime security, maritime law enforcement, and maritime surge 

capacity activities.’’. 

(3) In subsection (b)(1), by amending subparagraphs (A) and (B) to read as 

follows: 

‘‘(A) after notice and opportunity for public comment, may develop and 

publish training curricula for the standards established under subsection 

(a); and 

‘‘(B) may— 

‘‘(i) test and deliver training for which the curriculum is developed 

under subparagraph (A); 

‘‘(ii) enter into an agreement under which any Federal, State, local, 

tribal, or private sector entity may test and deliver such training; and 

‘‘(iii) accept the results of training conducted by any Federal, State, 

local, tribal, or private sector entity under such an agreement.’’. 

(4) By striking subsection (b)(2) and inserting the following: 

‘‘(2) Any training developed under paragraph (1) after the date of enactment 

of the SMART Port Security Act shall be developed in consultation with the 

Federal Law Enforcement Training Center.’’. 

(5) In subsection (b)(4)— 

(A) by inserting after ‘‘any moneys,’’ the following: ‘‘other than an allocation made under the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 

777 et seq.),’’; and 

(B) by striking ‘‘training of personnel to assist in the enforcement of security zones and limited access areas’’ and inserting ‘‘training and certifying 

personnel under this section’’. 

(6) By striking subsection (c) and inserting the following: 

‘‘(c) CERTIFICATION OF PERSONNEL.—The Commandant of the Coast Guard may 

issue a certificate to law enforcement officer employed by a law enforcement agency, 

who has successfully completed training that the Commandant has developed under 

this section.’’. 

(7) By adding at the end the following: 

‘‘(d) TACTICAL TRAINING FOR LAW ENFORCEMENT PERSONNEL.—The Commandant 

of the Coast Guard may make such training developed under this section available 

to law enforcement officers employed by a law enforcement agency, on either a reimbursable or a non-reimbursable basis, if the Commandant determines that— 

‘‘(1) a member of the Coast Guard is unable or unavailable to undertake tactical training the authorization of which had been previously approved, and no 

other member of the Coast Guard is reasonably available to undertake such 

training; 

‘‘(2) the inability or unavailability of Coast Guard personnel to undertake 

such training creates training capacity within the training program; and 

‘‘(3) such training, if made available to such law enforcement officers, would 

contribute to achievement of the purposes of this section.’’. 

(d) CONFORMING AMENDMENT.—Chapter 701 of such title is amended— 

(1) by striking the heading for subchapter II and inserting the following: 


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‘‘Subchapter II—Port Security Training and Certification’’; and 

(2) in the table of sections at the beginning of the chapter— 

(A) by striking the item relating to the heading for subchapter II and inserting the following: 

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

(B) by striking the item relating to section 70132 and inserting the following: 

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

(e) TECHNICAL CORRECTIONS.—Chapter 701 of such title is amended— 

(1) by moving sections 70122, 70123, 70124, and 70125 so as to appear at the 

end of subchapter I of such chapter; 

(2) in the table of sections at the beginning of the chapter, in the item relating to section 70107A, by adding at the end a period; and 

(3) by striking the heading for section 70124 and inserting the following: 

‘‘§ 70124. Regulations’’. 

SEC. 114. NORTHERN BORDER UNMANNED AERIAL VEHICLE PILOT PROJECT. 

(a) RESEARCH AND DEVELOPMENT.—The Secretary shall research and develop 

technologies to allow routine operation of medium-sized unmanned aerial vehicles, 

including autonomously piloted drones, within the national airspace for border and 

maritime security missions without any degradation of existing levels of securityrelated surveillance or of safety for all national airspace system users. 

(b) PILOT PROJECT.—No later than 180 days after the date of enactment of this 

Act, the Secretary shall commence a pilot project in segregated airspace along the 

northern border to conduct experiments and collect data in order to accelerate the 

safe integration of medium-sized unmanned aircraft systems into the national airspace system. 

SEC. 115. RECOGNITION OF PORT SECURITY ASSESSMENTS CONDUCTED BY OTHER ENTITIES. 

Section 70108 of title 46, United States Code, is amended by adding at the end 

the following new subsection: 

‘‘(f) RECOGNITION OF ASSESSMENT CONDUCTED BY OTHER ENTITIES.— 

‘‘(1) CERTIFICATION AND TREATMENT OF ASSESSMENTS.—For the purposes of 

this section and section 70109, the Secretary may treat an assessment conducted by a foreign government or international organization as an assessment 

by the Secretary required by subsection (a), if the Secretary certifies that the 

assessment was conducted in accordance with subsection (b). 

‘‘(2) AUTHORIZATION TO ENTER INTO AGREEMENTS OR ARRANGEMENTS.—The 

Secretary may enter into an agreement or arrangement with a foreign government or international organization, under which— 

‘‘(A) such government or organization may, on behalf of the Secretary, 

conduct an assessment required under subsection (a), or share with the Secretary information pertaining to such assessments; and 

‘‘(B) the Secretary may, on behalf of such foreign government or organization, conduct an assessment described in subsection (a), or share with such 

foreign government or organization information pertaining to such assessments. 

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

‘‘(A) requires the Secretary to recognize an assessment that a foreign government or an international organization conducts pursuant to this subsection; or 

‘‘(B) limits the discretion or ability of the Secretary to conduct an assessment under this section. 

‘‘(4) NOTIFICATION.—Not later than 30 days before entering into an agreement 

or arrangement with a foreign government under paragraph (2), the Secretary 

shall notify the appropriate congressional committees of the proposed terms of 

such agreement or arrangement.’’. 

SEC. 116. USE OF PORT SECURITY GRANT FUNDS FOR REPLACEMENT OF SECURITY EQUIPMENT OR FACILITIES. 

Section 70107(b)(2) of title 46, United States Code, is amended by inserting ‘‘(including replacement)’’ after ‘‘acquisition’’. 


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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 further 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 heading for paragraph (2), 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 


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(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 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, as appropriate, between and among the Department and C-TPAT 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 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 LOGISTICS 

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 nonasset 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. 


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(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. EXPIRATION OF CERTAIN TRANSPORTATION WORKER IDENTIFICATION CREDENTIALS. 

(a) IN GENERAL.—A valid Transportation Worker Identification Credential required under part 101.514 of title 33, Code of Federal Regulations, that was issued 

before the date of enactment of this Act shall not expire before the earlier of— 

(1) the deadline for full implementation of a final rule issued by the Secretary 

for electronic readers designed to work with Transportation Worker Identification Credentials as an access control and security measure issued pursuant to 

the advanced notice of proposed rulemaking published March 27, 2009 (74 Fed. 

Reg. 58), as established by the final rule; or 

(2) June 30, 2014. 

(b) REVOCATION 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 is not qualified to hold such credential; or 

(2) if the 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. 

SEC. 208. REPORT ON FEDERAL TRANSPORTATION SECURITY CREDENTIALING PROGRAMS. 

Not later than 180 days after the date of the enactment of this Act, the Secretary 

shall submit to the appropriate congressional committees a report that identifies unnecessary redundancies or overlaps in Federal transportation security credentialing 


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programs, including recommendations to reduce or eliminate such redundancies or 

overlaps. 

PURPOSE AND SUMMARY

The purpose of H.R. 4251 is 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. 

BACKGROUND AND NEED FOR LEGISLATION

Securing our waterways is an essential component of a layered 

approach to security. A major disruption at one of the Nation’s 

ports, especially a terrorist attack, is a high consequence event that 

has the potential to cripple the global supply chain and severely 

damage our economy and cost lives. 

Smart, cost-effective security choices based on legitimate risk 

have to be made in order to secure the Nation’s ports and costal 

waterways. 

The SMART Port Security Act builds on the work of the Security 

and Accountability For Every Port Act of 2006 (the ‘‘SAFE Port 

Act’’, Pub. L. 109–347) to enhance risk-based security measures 

overseas before the threat reaches our shores, emphasizing a 

stronger collaborative environment between and among the components of the Department of Homeland Security in sharing port security duties. 

Based on a series of oversight hearings, the Committee learned 

that cooperation and coordination between the U.S. Coast Guard 

and Customs and Border Protection, and other State and local 

partners, should be more fully developed. This will allow the Department to perform its maritime security mission, at a reduced 

cost. 

The SMART Port Act encourages the Department to coordinate 

within the components to effectively secure the maritime environment, recognizes that maritime security is not the province of the 

Federal Government alone, and emphasizes the importance of partnerships with the private sector and international partners. 

HEARINGS

No hearings were held on H.R. 4251; however, the Committee 

conducted several oversight hearings on port and maritime security. 

On June 14, 2011, the Subcommittee on Border and Maritime 

Security held a hearing on ‘‘Securing the Nation’s Ports and Maritime Border—A Review of the Coast Guard’s Post—9/11 Homeland 

Security Missions.’’ The Subcommittee received testimony from Admiral Robert J. Papp, Jr., Commandant of the U.S. Coast Guard. 

On July 12, 2011, the Subcommittee on Border and Maritime Security held a hearing entitled ‘‘Protecting the Maritime Borders— 

Leveraging Law Enforcement Cooperation to Enhance Security 

Along America’s Coasts.’’ The Subcommittee received testimony 

from Major General Michael C. Kostelnik (Ret.), Assistant Commissioner, Office of Customs and Border Protection Air and Marine, 

U.S. Customs and Border Protection, Department of Homeland Security; Rear Admiral Paul F. Zukunft, Assistant Commandant for 

Marine Safety, Security and Stewardship, United States Coast 


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Guard, Department of Homeland Security; Sheriff Tim Donnellon, 

St. Clair County Sheriff’s Office, Michigan; and Sheriff Adrian Garcia, Harris County Sheriff’s Office, Texas. 

The Subcommittee on Border and Maritime Security held a hearing on February 7, 2012, entitled ‘‘Balancing Maritime Security 

and Trade Facilitation: Protecting our Ports, Increasing Commerce 

and Securing the Supply Chain—Part I.’’ The Subcommittee received testimony from Hon. Jerrold Nadler, a Representative in 

Congress from the 8th District of New York; Mr. David Heyman, 

Assistant Secretary, Office of Policy, Department of Homeland Security; Mr. Kevin McAleenan, Acting Assistant Commissioner, Office of Field Operations, U.S. Customs and Border Protection, Department of Homeland Security; Rear Admiral Paul Zukunft, Assistant Commandant for Marine Safety, Security and Stewardship, 

U.S. Coast Guard, Department of Homeland Security; and Mr. Stephen Caldwell, Director, Maritime and Coast Guard Issues, Homeland Security and Justice Team, Government Accountability Office. 

COMMITTEE CONSIDERATION

The Subcommittee on Border and Maritime Security met on 

March 27, 2012, to consider H.R. 4251, and reported the measure 

to the Full Committee for consideration, amended, by voice vote. 

The Subcommittee agreed to H.R. 4251, as amended, by voice 

vote. 

The following amendments were offered: 

An Amendment in the Nature of a Substitute to H.R. 4251 offered by MRS. MILLER (#1); was AGREED TO, as amended, by 

voice vote. 

An amendment to the Amendment in the Nature of a Substitute to H.R. 4251 offered by MR. RIGELL (#1A); was 

AGREED TO by voice vote. 

Add at the end a new title entitled ‘‘Title l—Miscellaneous Provisions. Sec. 01. 

Recognition of Port Security Assessments Conducted by Other Entities.’’ 

An amendment to the Amendment in the Nature of a Substitute to H.R. 4251 offered by MR. MCCAUL (#1B); was 

AGREED TO by voice vote. 

Add at the end a new title entitled ‘‘Title l—Miscellaneous Provisions. Sec. 01. 

Limitation on Delegation of Inspection, Certification, and Related Services.’’ 

The Committee met on June 6, 2012, to consider H.R. 4251, and 

ordered the measure to be reported to the House with a favorable 

recommendation, amended, by voice vote. The Committee took the 

following actions: 

The Committee adopted H.R. 4251, as amended, by voice vote. 

The following amendments were offered: 

An Amendment in the Nature of a Substitute offered by 

MRS. MILLER (#1); was AGREED TO by voice vote, as amended. 

An amendment to the Amendment in the Nature of a Substitute offered by MS. RICHARDSON (#1A); was AGREED TO, by 

unanimous consent. 

At the end of title I, add a new section entitled ‘‘Sec. 1l. Use of Port Security 

Grant Funds for Replacement of Security Equipment or Facilities.’’ 


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An amendment to the Amendment in the Nature of a Substitute offered by MR. CRAVAACK (#1B); was AGREED TO, by 

unanimous consent. 

At the end of title II, add a new section entitled ‘‘Sec. 2. Report on Federal Transportation Security Credentialing Programs.’’ 

COMMITTEE VOTES

Clause 3(b) of rule XIII of the Rules of the House of Representatives requires the Committee to list the recorded votes on the motion to report legislation and amendments thereto. 

No recorded votes were requested during consideration of 

H.R. 4251. 

COMMITTEE OVERSIGHT FINDINGS

Pursuant to clause 3(c)(1) of rule XIII of the Rules of the House 

of Representatives, the Committee has held oversight hearings and 

made findings that are reflected in this report. 

NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX

EXPENDITURES

In compliance with clause 3(c)(2) of rule XIII of the Rules of the 

House of Representatives, the Committee finds that H.R. 4251, the 

Securing Maritime Activities through Risk-based Targeting for Port 

Security Act, would result in no new or increased budget authority, 

entitlement authority, or tax expenditures or revenues. 

CONGRESSIONAL BUDGET OFFICE ESTIMATE

The Committee adopts as its own the cost estimate prepared by 

the Director of the Congressional Budget Office pursuant to section 

402 of the Congressional Budget Act of 1974. 

However, the Committee notes that the costs associated with 

H.R. 4251, the SMART Port Security Act, are consistent with Department of Homeland Security maritime security responsibilities 

and should be supported using existing funds. 

The authorization of appropriations for Integrated Cross-Border 

Maritime Operations, commonly called Shiprider, is consistent with 

the U.S. Coast Guard’s planned funding level once this program 

transitions from a pilot to a fully operational program. The committee’s intent is to support the use of existing Coast Guard funds, at 

the level authorized by the bill. 

U.S. CONGRESS, CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, June 11, 2012. 

Hon. PETER T. KING, 

Chairman, Committee on Homeland Security, 

U.S. House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 4251, the SMART Port 

Security Act. 


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If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contacts are Mark Grabowicz and 

Sarah Puro. 

Sincerely, 

DOUGLAS W. ELMENDORF. 

Enclosure. 

H.R. 4251—SMART Port Security Act 

Summary: H.R. 4251 would require the Department of Homeland 

Security (DHS) to carry out two pilot programs relating to border 

and port security and would direct DHS and the Government Accountability Office (GAO) to prepare several reports on improving 

port security. In addition, the legislation would authorize the appropriation of $4 million for a security program jointly operated by 

the United States Coast Guard (USCG) and the Canadian government. H.R. 4251 also would direct DHS to make changes to procedures for issuing Transportation Worker Identification Credentials 

(TWICs) to individuals who require unescorted access to secure 

areas of ports and certain other facilities. 

CBO estimates that implementing this legislation would cost $9 

million over the next five years, assuming appropriation of the necessary amounts. Changes to the TWIC program could affect offsetting receipts and subsequent direct spending; therefore, pay-as-yougo procedures apply. CBO estimates, however, that the net impact 

of any such effects would not be significant in any year. Enacting 

H.R. 4251 would not affect revenues. 

H.R. 4251 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA) 

and would not affect the budgets of state, local, or tribal governments. 

Estimated cost to the Federal Government: The estimated budgetary impact of H.R. 4251 is shown in the following table. The cost 

of this legislation falls within budget functions 400 (transportation), 450 (community and regional development), 750 (administration of justice), and 800 (general government). 

By fiscal year, in millions of dollars— 

2013 2014 2015 2016 2017 2013– 

2017 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Pilot Programs and Reports: 

Estimated Authorization Level ......................................................... 5 * * 0 0 5 

Estimated Outlays ........................................................................... 5 * * 0 0 5 

Coast Guard Border Security Program: 

Authorization Level .......................................................................... 2 2 0 0 0 4 

Estimated Outlays ........................................................................... 1 2 1 0 0 4 

Total Changes: 

Estimated Authorization Level ................................................ 7 2 * 0 0 9 

Estimated Outlays .................................................................. 6 2 1 0 0 9 

Note: * = less than $500,000. 

Basis of estimate: For this estimate, CBO assumes that the legislation will be enacted near the end of 2012 and that amounts specified and estimated to be necessary will be appropriated for each 

year. 


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Spending subject to appropriation 

Pilot Programs and Reports. H.R. 4251 would direct DHS to 

carry out pilot programs relating to the use of unmanned aircraft 

to patrol the United States border with Canada and the expansion 

of a trade security program. 

The legislation also would require DHS and GAO to prepare several reports, most within one year of the bill’s enactment. Those reports would address issues that include the following: Updating the 

Maritime Operations Coordination Plan, identifying duplicative 

programs and goals, assessing the deployment of personnel and 

equipment within interagency operational centers, and analyzing 

the threats and consequences of attacks by small vessels on U.S. 

ports or maritime interests. Based on the costs of similar activities, 

CBO estimates that the pilot programs and reports required by 

H.R. 4251 would cost about $5 million over the 2013–2015 period. 

Coast Guard Border Security Program. H.R. 4251 would authorize the appropriation of $4 million over the next two years for the 

USCG to continue working with the Canadian government to coordinate maritime security operations and to conduct joint training. 

CBO estimates that implementing this provision would cost $4 million over the 2013–2015 period, assuming appropriation of the 

specified amounts. 

Direct spending 

The Maritime Transportation Security Act (Public Law 107–295) 

directs the Secretary of Homeland Security to prohibit unauthorized individuals from accessing secure areas of ports, vessels, facilities on the outer continental shelf, and all credentialed merchant 

mariners. To meet that requirement, the Transportation Security 

Administration (TSA) issues credentials with biometric information, known as TWICs, to workers who require unescorted access 

to such areas. Under current administrative procedures, obtaining 

a TWIC requires at least two in-person visits to a TWIC enrollment 

center. H.R. 4251 would direct the Secretary of Homeland Security 

to reform those procedures to ensure that individuals seeking a 

TWIC would need to make one such in-person visit. The bill also 

would extend, through June 30, 2014, the expiration date of TWICs 

for individuals whose credentials would otherwise expire sooner. 

The costs of implementing reformed TWIC procedures under 

H.R. 4251 are uncertain and would depend on specific changes that 

TSA would make. Current law directs TSA to collect and spend 

cost-based fees from TWIC applicants to administer the program. 

For this estimate, CBO assumes that TSA would revise fees to offset any change in TSA’s costs to administer the TWIC program 

under H.R. 4251. Any such changes to offsetting receipts from such 

fees and subsequent spending would be considered direct spending; 

therefore, pay-as-you-go procedures apply. CBO estimates, however, that any resulting net changes in direct spending under H.R. 

4251 would not be significant in any year. 

Pay-As-You-Go considerations: The Statutory Pay-As-You-Go Act 

of 2010 establishes budget-reporting and enforcement procedures 

for legislation affecting direct spending or revenues. CBO estimates 

that the legislation would have an insignificant impact on direct 

spending. 


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Intergovernmental and private-sector impact: H.R. 4251 contains 

no intergovernmental or private-sector mandates as defined in 

UMRA and would not affect the budgets of state, local, or tribal 

governments. 

Previous CBO estimate: On June 8, 2012, CBO transmitted a 

cost estimate for H.R. 3173, a bill to direct the Secretary of Homeland Security to reform the process for the enrollment, activation, 

issuance, and renewal of a Transportation Worker Identification 

Credential (TWIC) to require, in total, not more than one in-person 

visit to a designated enrollment center, as ordered reported by the 

House Committee on Homeland Security on May 9, 2012. Provisions of H.R. 3173 and H.R. 4251 that would require DHS to modify procedures related to the TWIC program are substantively similar, and our cost estimates are the same. 

Estimate prepared by: Federal Costs: Mark Grabowicz (DHS), 

Sarah Puro (Coast Guard), Megan Carroll (TSA), Daniel Hoople 

(FEMA); Impact on state, local, and tribal governments: Melissa 

Merrell; Impact on the private sector: Paige Piper/Bach. 

Estimate approved by: Theresa Gullo, Deputy Assistant Director 

for Budget Analysis. 

STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

Pursuant to clause 3(c)(4) of rule XIII of the Rules of the House 

of Representatives, H.R. 4251 contains the following general performance goals, and objectives, including outcome related goals and 

objectives authorized. 

The primary purpose of H.R. 4251 is to foster and promote greater coordination and cooperation among the components of the Department of Homeland Security in the execution of their maritime 

security mission. The Committee has identified several inefficiencies within the Department that are addressed in H.R. 4251. The 

bill realizes greater cost efficiencies through strategic sourcing and 

collocating assets, increases collaboration among the Department’s 

components, expands partnerships with our international allies, 

promotes fairness in the Transportation Worker Identification Credential (TWIC) process, and requires a clear, robust Global Supply 

Chain Security Strategy. H.R. 4251 builds on the strong security 

provisions of the SAFE Port Act of 2006 by identifying and eliminating waste and redundancies that will enable the Department to 

more efficiently carry out its duty to protect our Nation. 

CONGRESSIONAL EARMARKS, LIMITED TAX BENEFITS, AND LIMITED

TARIFF BENEFITS

In compliance with rule XXI of the Rules of the House of Representatives, this bill, as reported, contains no congressional earmarks, limited tax benefits, or limited tariff benefits as defined in 

clause 9(e), 9(f), or 9(g) of rule XXI. 

FEDERAL MANDATES STATEMENT

The Committee adopts as its own the estimate of Federal mandates prepared by the Director of the Congressional Budget Office 

pursuant to section 423 of the Unfunded Mandates Reform Act. 


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PREEMPTION CLARIFICATION

In compliance with section 423 of the Congressional Budget Act 

of 1974, requiring the report of any Committee on a bill or joint 

resolution to include a statement on the extent to which the bill or 

joint resolution is intended to preempt State, local, or Tribal law, 

the Committee finds that H.R. 4251 does not preempt any State, 

local, or Tribal law. 

ADVISORY COMMITTEE STATEMENT

No advisory committees within the meaning of section 5(b) of the 

Federal Advisory Committee Act were created by this legislation. 

APPLICABILITY TO LEGISLATIVE BRANCH

The Committee finds that the legislation does not relate to the 

terms and conditions of employment or access to public services or 

accommodations within the meaning of section 102(b)(3) of the Congressional Accountability Act. 

SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

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. 

This section details the contents of H.R. 4251. 

Sec. 3. Definitions. 

This section defines the terms used in H.R. 4251. 

TITLE I—DEPARTMENT OF HOMELAND SECURITY PORT 

SECURITY PROGRAMS. 

Sec. 101. Updates of Maritime Operations Coordination Plan. 

This section requires the Department of Homeland Security to 

update the Department’s Maritime Operations Coordination Plan 

(MOC-P), which was first released in July 2011. Although long 

overdue, the Committee believes that this plan was an important 

first step towards establishing a National framework for interagency cooperation. 

This section requires the updated versions of the MOC-P be provided to Congress by July 1, 2014, and again on July 1, 2019. However, the Committee intends the MOC-P to be updated on a periodic basis and expects that the next iteration of the MOC-P will include mechanisms to share best practices among and between the 

Regional Coordinating Mechanisms (ReCoMs); a process for feedback to filter up, down, and between the Department and the 

ReCoMs; a method to measure the effectiveness of ReCoMs; and a 

process for local and State law enforcement agencies and other port 

stakeholders to provide feedback to the ReCoMs and the Department. 


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

Marine Asset Deployment. 

This section requires the Department to ensure that any new 

asset deployments by the U.S. Customs and Border Protection 

(CBP) Office of Air and Marine (OAM) are determined using a riskbased analysis. The Committee is concerned that a recent report 

from the Government Accountability Office (GAO) titled ‘‘Opportunities Exist to Ensure More Effective Use of DHS’s Air and Marine 

Assets,’’ identified weaknesses in CBP’s documentation to clearly 

link deployment decisions with its goals. 

To ensure that future deployments are based on risk and the 

needs of mission commanders, the Committee’s goal is to ensure 

implementation of the GAO’s recommendation from the report, requiring CBP OAM to document decision making analysis on asset 

mix and placement. Moreover, the Committee strongly encourages 

CBP to use a documented, repeatable, and systematic method of 

asset deployment based on risk for any future asset deployment. 

Sec. 103. Cost-Benefit Analysis of Co–locating Operational Entities. 

This section requires the Department to examine locations where 

CBP OAM and the U.S. Coast Guard both have maritime or aviation assets deployed, and to determine the potential for cost savings through co-location. The Committee strongly believes that it is 

in the Nation’s interest to reduce the footprint and associated logistics trail of components within the Department, to the degree practicable, in order to maximize limited resources and increase operational efficiencies. 

Sec. 104. Study of Maritime Security Redundancies. 

This section requires GAO to review the Department’s port security and maritime law enforcement operations within one year of 

enactment to identify duplicative, overlapping, or redundant activities, including the cost of such duplication. The GAO would be required to submit a report to the appropriate congressional committees on its findings, and provide recommendations for consolidation, elimination, or increased cooperation to reduce unnecessary 

duplication. 

While the Committee appreciates and supports the need for a 

layered security approach, given the budgetary climate it is important to ensure any unnecessary duplication, overlap, or redundant 

activity that exists be minimized to the degree practicable. 

Sec. 105. Acquisition and Strategic Sourcing of Marine and Aviation Assets. 

This section requires the Department to use best practices of 

strategic sourcing to streamline the acquisition process and reduce 

costs prior to acquiring new boats or aviation assets for the Department. Examples of best practices of strategic sourcing include identifying common mission requirements and standardizing equipment 

purchases to reduce cost. To achieve this, the Secretary is required 

to establish a coordinating mechanism for aviation and maritime 

issues. 

The Committee is cognizant of the fact that the Department’s 

components have different missions, but strongly believes compoVerDate Mar 15 2010 07:02 Jun 13, 2012 Jkt 019006 PO 00000 Frm 00019 Fmt 6659 Sfmt 6602 E:\HR\OC\HR521.XXX HR521

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nent coordination of large-scale purchases can lead to significant 

cost-savings. 

Sec. 106. Port Security Grant Program Management. 

This section sets timelines for the responses the Department and 

the Federal Emergency Management Agency (FEMA) must provide 

in regards to Port Security Grant applications. This provision is 

necessary, as numerous port authorities and State and local law 

enforcement agencies have voiced concern to the Committee about 

delays to grant applications responses. This section requires the 

Department and FEMA to respond to grant applicants no later 

than 180 days from the date their grant application was submitted. 

Sec. 107. Port Security Grant Funding for Mandated Security Personnel. 

This section allows the use of Port Security Grant Program funds 

to pay limited overtime and backfill costs. Other grant programs 

within the Department of Homeland Security allow for grant funds 

to be used to finance overtime and backfill costs and this provision 

will align the Port Security Grant Program with other departmental grants. 

Sec. 108. Interagency Operational Centers of Port Security. 

This section requires CBP and the U.S. Immigration and Customs Enforcement (ICE) to ensure they appoint at least one parttime liaison to each Interagency Operation Center (IOC). The Committee is concerned that IOCs are not being fully utilized because 

DHS components are not willing to fund the personnel needed to 

ensure effective cooperation. 

To that end, the Committee expects the Secretary to report on 

participation in joint daily operations, training and certifying of 

non-Federal law enforcement personnel and joint training exercises; the deployment of interoperable communications equipment; 

and mission execution and support to inform the future of IOCs. 

Sec. 109. Report on DHS Aviation Assets. 

This section requires the GAO to submit a report to the Congress 

that analyzes the costs, capabilities, and missions associated with 

both unmanned aerial vehicles (UAVs) and manned aircraft used 

by the Department. The Department has maintained that UAVs 

are significantly less expensive than manned aircraft, but the Committee is concerned about the reliability of CBP’s cost estimates, as 

they do not include the cost of pilots, maintenance, or satellite communications. 

This provision is intended to provide the Committee with an accurate comparison of aviation asset costs. 

Sec. 110. Small Vessel Threat Analysis. 

This section requires the Department to conduct a risk assessment of a small vessel terrorist attack occurring in U.S. ports or 

against U.S. maritime interests. While DHS published the Small 

Vessel Security Strategy Implementation Plan in January 2011, in 

order to coordinate actions to mitigate the small boat threat, the 

Committee expects the Department to incorporate small vessel 

threat analysis into existing risk assessment requirements on an 

on-going basis. 


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Sec. 111. U.S. Customs and Border Protection Workforce Plan. 

This section requires CBP to submit to Congress a plan for optimizing staffing levels for CBP to carry out the mission of the 

Department, including all border and port security functions. The 

staffing plan should consider previous staffing models by the Department and assessments of the threat and vulnerability. 

The Committee is disappointed that in spite of numerous bipartisan requests, CBP is unwilling to provide the Committee with 

proper documentation explaining its staffing plan. The Committee 

expects that the manpower data requested under this provision be 

provided on a yearly basis. 

Sec. 112. Integrated Cross-Border Maritime Operations Between the 

United States and Canada. 

This section provides Congressional authorization for the U.S. 

Coast Guard and the Royal Canadian Mounted Police maritime 

Shiprider program. The authorization includes funding of $2 million per year, which is the current level of funding for the program. 

Nothing in this section should be construed to undermine the existing Integrated Cross-Border Maritime Operations agreement. 

The Committee’s intent is to affirm the importance of the program. 

Sec. 113. Training and Certification of Training for Port Security. 

This section expands upon a provision from the Coast Guard Authorization Act of 2010 (Pub. L. 111–281) that allowed grant funds 

provided under the Port Security Grant Program (PSGP) to be used 

to pay for training of State and local law enforcement officers in 

enforcing maritime security zones. This section allows PSGP grants 

to be used for other types of maritime security training and certification, and ensures that training programs will be developed in 

consultation with the Federal Law Enforcement Training Center 

(FLETC). The Committee believes State and local law enforcement 

are a key element of a layered approach to maritime security, and 

provide maritime law enforcement benefits beyond simply enforcement within a security zone, and thus should be eligible to receive 

port security grant funding for other maritime law enforcement 

training. 

Sec. 114. Northern Border Unmanned Aerial Vehicle Pilot Project. 

This section authorizes the Department to establish a pilot 

project to facilitate the safe integration of medium-sized UAVs into 

the National airspace in order to carry out border and maritime security missions. This pilot would specifically test UAVs along the 

Northern Border. CBP currently maintains a certificate of operation from the Federal Aviation Administration (FAA) to operate 

two unmanned aerial vehicles along the Northern Border. This provision would ensure that UAVs are properly tested for integration 

into the National Airspace as required by the FAA Authorization 

Act (Pub. L. 112–95), within the unique environment of the Northern Border. 

Sec. 115. Recognition of Port Security Assessments Conducted by 

Other Entities. 

This section would allow the U.S. Coast Guard (USCG) to recognize port security threat assessments conducted by a foreign nation 

or international organization, such as the European Union, proVerDate Mar 15 2010 07:02 Jun 13, 2012 Jkt 019006 PO 00000 Frm 00021 Fmt 6659 Sfmt 6602 E:\HR\OC\HR521.XXX HR521

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vided that the assessment is equivalent to a USCG inspection. The 

Committee believes this section is necessary to avoid the duplicative efforts of our trusted allies. 

Sec. 116. Use of Port Security Grant Funds for Replacement of Security Equipment or Facilities. 

This section allows Port Security Grant Program funds to be 

used to purchase the replacement of old equipment or facilities. 

Under current law and regulations, port security grant recipients 

may only use grant funds for acquisition, operation, and maintenance of current port security equipment. 

TITLE II—MARITIME SUPPLY CHAIN SECURITY 

Sec. 201. Strategic Plan to Enhance the Security of the International Supply Chain. 

This section requires the Department to provide a detailed strategy focused on reducing unnecessary redundancies, building resiliency, and utilizing existing resources, technology, and concepts. 

The strategy should also consider providing incentives for the private sector to improve global supply chain security and should include measurable goals and metrics to measure success of the 

strategy. 

The Committee is dismayed by the brief National Strategy for 

Global Supply Chain Security issued in January and is concerned 

that the document did not comply with the statutory requirements 

of the SAFE Port Act of 2006. The Committee believes that this 

provision will correct that deficiency by requiring the Department 

to publish an in-depth strategy that more fully comports with the 

original Congressional intent. 

Sec. 202. Customs–Trade Partnership Against Terrorism. 

This section authorizes CBP to conduct unannounced inspections 

for a Customs–Trade Partnership Against Terrorism (C–TPAT) 

member company, if the company has a history of violations. Additionally, this section allows CBP to share sensitive information regarding threats to the private sector between and among C-TPAT 

participants providing recognizable benefits for voluntary participation in the program. 

Sec. 203. Recognition of Other Countries’ Trusted Shipper Programs. 

This section authorizes CBP to provide mutual recognition of another country’s trusted shipper program, provided the country reciprocates to C–TPAT member companies, and the other country’s 

program provides an equivalent level of security to C–TPAT. The 

Committee believes that by recognizing trusted shipper programs 

from other countries, the Department will save money and increase 

the efficiency of the international supply chain. 

Sec. 204. Pilot Program for Inclusion of Non-Asset Based ThirdParty Logistics Providers in the Customs-Trade Partnership Against Terrorism. 

This section requires CBP to create a pilot program to test the 

security value and efficacy of allowing third-party logistics (3PL) 

companies into the C–TPAT program. 3PLs are non-asset based 


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companies, working with outside companies to arrange the international transportation of freight. 

Despite clear statutory language in the ‘‘SAFE Port Act of 2006,’’ 

CBP has not permitted the participation of 3PLs in the C–TPAT 

program. The Committee believes this pilot is an important first 

step to determine the security value of allowing 3PLs to participate 

in the C–TPAT program. 

Sec. 205. Transportation Worker Identification Credential Process 

Reform. 

This section directs the Secretary to reform the process for the 

enrollment, activation, issuance and renewal of the Transportation 

Worker Identification Credential (TWIC) program. Specifically, this 

section allows TWIC applicants to conduct only one in-person visit 

to a TWIC enrollment center to process their application. Under 

current law and regulations, TWIC applicants must visit TWIC enrollment centers at least twice to complete the process. 

The Committee believes that the current requirement to visit a 

TWIC enrollment center multiple times is an onerous, unnecessary, 

burden for workers in the maritime industry, such as merchant 

vessel operators and truck drivers, who rely on obtaining the credential for employment. 

Sec. 206. Expiration of Certain Transportation Worker Identification Credentials. 

This section exempts current TWIC holders from the requirement to renew their credentials until the Department issues a final 

rule regarding electronic TWIC readers or June 30, 2014, whichever is earlier. 

As a result of the Department’s delay in issuing this rule and the 

lack of readers in our Nation’s ports, the TWIC’s security value as 

a biometric credential has not been realized. The Committee believes transportation workers who must obtain a TWIC should not 

have to bear the burden of renewing their TWICs until the Government fulfills its obligation to issue the rule. 

This provision is intended to provide the Department motivation 

to issue the rule at the earliest possible date and ensure that the 

full security benefit of the TWIC program is realized. 

Sec. 207. Securing the Transportation Worker Identification Credential Against Use by Unauthorized Aliens. 

This section prevents unauthorized aliens from being able to acquire a TWIC by directing the Secretary to modify the enrollment 

and distribution process to require an applicant to present proof of 

U.S. citizenship or authorization to work in the United States when 

applying. Furthermore, the Secretary must modify the TWIC enrollment process so that a TWIC will expire upon the same date 

that a TWIC holder’s work authorization or visa will expire; whichever comes sooner. 

The Committee believes that this section is necessary to ensure 

all TWIC holders are authorized to work and are lawfully present 

in the U.S. 


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Sec. 208. Report on Federal Transportation Security Credentialing 

Programs. 

This section requires the Secretary to submit a report to Congress within 180 days identifying unnecessary redundancies or 

overlaps in Federal transportation security credentialing programs, 

including recommendations to reduce or eliminate such 

redundancies or overlaps. Although the Committee understands 

the Department is planning to address redundancy and duplication 

in the transportation security credentialing process by harmonizing 

security threat assessments through the Transportation Security 

Administration’s Universal Rule, the Committee notes that the 

publication of the Rule continues to be delayed. The Committee believes the Department should issue the Universal Rule as soon as 

possible, in order to reduce the unnecessary cost and duplicative 

regulatory burden on transportation workers. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

existing law in which no change is proposed is shown in roman): 

TITLE 46, UNITED STATES CODE 

* * * * * * * 

Subtitle VII—Security and Drug Enforcement 

* * * * * * * 

CHAPTER 701—PORT SECURITY 

Sec. 

Subchapter I—General 

70101. Definitions. 

* * * * * * * 

70107A. Interagency operational centers for port security. 

* * * * * * * 

øSUBCHAPTER II—PORT SECURITY ZONES¿ 

SUBCHAPTER II—PORT SECURITY TRAINING AND CERTIFICATION

* * * * * * * 

ø70132. Credentialing standards, training, and certification for State and local support for the enforcement of security zones for the transportation of especially hazardous cargo.¿ 

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

* * * * * * * 

SUBCHAPTER I—GENERAL

* * * * * * * 

§ 70107. Grants 

(a) * * * 

(b) ELIGIBLE COSTS.—The following costs of funding the correction of Coast Guard identified vulnerabilities in port security and 

ensuring compliance with Area Maritime Transportation Security 

Plans and facility security plans are eligible to be funded: 


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(1) Salary, benefits, overtime compensation, retirement contributions, and other costs of additional Coast Guard mandated 

security personnelø.¿, including overtime and backfill costs incurred in support of other expenditures authorized under this 

subsection, except that not more than 50 percent of amounts received by a grantee under this section for a fiscal year may be 

used under this paragraph. 

(2) The cost of acquisition (including replacement), operation, 

and maintenance of security equipment or facilities to be used 

for security monitoring and recording, security gates and fencing, marine barriers for designated security zones, security-related lighting systems, remote surveillance, concealed video 

systems, security vessels, and other security-related infrastructure or equipment that contributes to the overall security of 

passengers, cargo, or crewmembers. Grants awarded under 

this section may not be used to construct buildings or other 

physical facilities, except those which are constructed under 

terms and conditions consistent with the requirements under 

section 611(j)(8) of the Robert T. Stafford Disaster Relief and 

Emergency Assistance Act (42 U.S.C. 5121(j)(8)), including 

those facilities in support of this paragraph, and specifically 

approved by the Secretary. Costs eligible for funding under 

this paragraph may not exceed the greater of— 

(A) * * * 

* * * * * * * 

ø(8) The cost of training law enforcement personnel— 

ø(A) to enforce a security zone under section 70132 of 

this title; or 

ø(B) assist in the enforcement of a security zone.¿ 

(8) The cost of training and certifying a law enforcement officer employed by a law enforcement agency under section 70132 

of this title. 

(c) MATCHING REQUIREMENTS.— 

(1) * * * 

(2) EXCEPTIONS.— 

(A) * * * 

ø(B) HIGHER LEVEL OF SUPPORT REQUIRED.—If the Secretary determines that a proposed project merits support 

and cannot be undertaken without a higher rate of Federal 

support, then the Secretary may approve grants under this 

section with a matching requirement other than that specified in paragraph (1). 

ø(C) TRAINING.—There are no matching requirements for 

grants under subsection (a) to train law enforcement agency personnel in the enforcement of security zones under 

section 70132 of this title or in assisting in the enforcement of such security zones.¿ 

(B) HIGHER LEVEL OF SUPPORT REQUIRED.—If the Secretary or the Secretary’s designee determines that a proposed project merits support and cannot be undertaken 

without a higher rate of Federal support, then the Secretary 

or the Secretary’s designee may approve grants under this 

section for that project with a matching requirement other 

than that specified in paragraph (1). 


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(C) TRAINING AND CERTIFICATION.—There are no matching requirements for grants under subsection (a) to train 

and certify law enforcement personnel under section 70132 

of this title. 

(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 waiver under this paragraph the 

Secretary shall either approve or disapprove the application. 

* * * * * * * 

(g) APPLICATIONS.—øAny entity¿ 

(1) IN GENERAL.—Any entity subject to an Area Maritime 

Transportation Security Plan may submit an application for a 

grant under this section, at such time, in such form, and containing such information and assurances as the Secretary may 

require. 

(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. 

* * * * * * * 

(i) ADMINISTRATION.— 

(1) * * * 

* * * * * * * 

(5) RELEASE OF FUNDS.—To the maximum extent practicable, 

the Secretary shall complete all necessary programmatic reviews and release grant funds awarded under this section to the 

appropriate entity not later than 180 days after the date on 

which an applicant submits a complete application. 

(6) PERFORMANCE PERIOD.—The Secretary shall utilize a period of performance of not less than 3 years for expenditure of 

grant funds awarded under this section. 

(7) 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 an extension of 

the period of performance for a grant, the Secretary shall either 

approve or disapprove the application. 

* * * * * * * 

§ 70107A. Interagency operational centers for port security 

(a) * * * 

(b) CHARACTERISTICS.—The interagency operational centers established under this section shall— 

(1)(A) * * * 

(B) where practicable, provide for the physical co-location of 

the Coast Guard, not less than part-time representation from U. 

S. Customs and Border Protection and U.S. Immigration and 

Customs Enforcement, and, as the Secretary determines appropriate, representatives of øthe United States Customs and Border Protection, the United States Immigration and Customs 

Enforcement,¿ the Transportation Security Administration, the 

Department of Justice, the Department of Defense, and other 


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Federal agencies, State and local law enforcement or port security personnel, members of the Area Maritime Security Committee, and other public and private sector stakeholders adversely affected by a transportation security incident or transportation disruption; 

* * * * * * * 

§ 70108. Foreign port assessment 

(a) * * * 

* * * * * * * 

(f) RECOGNITION OF ASSESSMENT CONDUCTED BY OTHER ENTITIES.— 

(1) CERTIFICATION AND TREATMENT OF ASSESSMENTS.—For 

the purposes of this section and section 70109, the Secretary 

may treat an assessment conducted by a foreign government or 

international organization as an assessment by the Secretary 

required by subsection (a), if the Secretary certifies that the assessment was conducted in accordance with subsection (b). 

(2) AUTHORIZATION TO ENTER INTO AGREEMENTS OR ARRANGEMENTS.—The Secretary may enter into an agreement or 

arrangement with a foreign government or international organization, under which— 

(A) such government or organization may, on behalf of 

the Secretary, conduct an assessment required under subsection (a), or share with the Secretary information pertaining to such assessments; and 

(B) the Secretary may, on behalf of such foreign government or organization, conduct an assessment described in 

subsection (a), or share with such foreign government or organization information pertaining to such assessments. 

(3) LIMITATIONS.—Nothing in this subsection— 

(A) requires the Secretary to recognize an assessment that 

a foreign government or an international organization conducts pursuant to this subsection; or 

(B) limits the discretion or ability of the Secretary to conduct an assessment under this section. 

(4) NOTIFICATION.—Not later than 30 days before entering 

into an agreement or arrangement with a foreign government 

under paragraph (2), the Secretary shall notify the appropriate 

congressional committees of the proposed terms of such agreement or arrangement. 

* * * * * * * 

§ 70122. Waterway watch program 

(a) * * * 

* * * * * * * 

§ 70123. Mobile biometric identification 

(a) * * * 

* * * * * * * 


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øSEC. 70124. REGULATIONS.¿ 

§ 70124. Regulations 

Unless otherwise provided, the Secretary may issue regulations 

necessary to implement this chapter. 

§ 70125. Port security training for facility security officers 

(a) * * * 

* * * * * * * 

øSUBCHAPTER II—PORT SECURITY ZONES¿ 

Subchapter II—Port Security Training and Certification 

* * * * * * * 

§ 70132. Credentialing standards, training, and certification 

øfor State and local support for the enforcement of 

security zones for the transportation of especially 

hazardous cargo¿ of maritime law enforcement personnel 

ø(a) STANDARD.—The Commandant of the Coast Guard shall establish, by regulation, national standards for training and 

credentialing of law enforcement personnel— 

ø(1) to enforce a security zone; or 

ø(2) to assist in the enforcement of a security zone.¿ 

(a) STANDARDS.—The Commandant of the Coast Guard shall establish standards for training, qualification, and certification of a 

law enforcement officer employed by a law enforcement agency, to 

conduct or execute, pursuant to a cooperative enforcement agreement, maritime security, maritime law enforcement, and maritime 

surge capacity activities. 

(b) TRAINING.— 

(1) The Commandant of the Coast Guard— 

ø(A) shall develop and publish a training curriculum 

for— 

ø(i) law enforcement personnel to enforce a security 

zone; 

ø(ii) law enforcement personnel to enforce or assist 

in the enforcement of a security zone; and 

ø(iii) personnel who are employed or retained by a 

facility or vessel owner to assist in the enforcement of 

a security zone; and 

ø(B) may— 

ø(i) test and deliver such training, the curriculum 

for which is developed pursuant to subparagraph (A); 

ø(ii) enter into an agreement under which a public 

entity (including a Federal agency) or private entity 

may test and deliver such training, the curriculum for 

which has been developed pursuant to subparagraph 

(A); and 

ø(iii) may accept a program, conducted by a public 

entity (including a Federal agency) or private entity, 

through which such training is delivered the curriculum for which is developed pursuant to subparagraph (A).¿ 


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(A) after notice and opportunity for public comment, may 

develop and publish training curricula for the standards 

established under subsection (a); and 

(B) may— 

(i) test and deliver training for which the curriculum 

is developed under subparagraph (A); 

(ii) enter into an agreement under which any Federal, State, local, tribal, or private sector entity may 

test and deliver such training; and 

(iii) accept the results of training conducted by any 

Federal, State, local, tribal, or private sector entity 

under such an agreement. 

ø(2) Any Federal agency that provides such training, and 

any public or private entity that receives moneys, pursuant to 

section 70107(b)(8) of this title, to provide such training, shall 

provide such training— 

ø(A) to law enforcement personnel who enforce or assist 

in the enforcement of a security zone; and 

ø(B) on an availability basis to— 

ø(i) law enforcement personnel who assist in the enforcement of a security zone; and 

ø(ii) personnel who are employed or retained by a 

facility or vessel owner or operator to assist in the enforcement of a security zone.¿ 

(2) Any training developed under paragraph (1) after the date 

of enactment of the SMART Port Security Act shall be developed in consultation with the Federal Law Enforcement Training Center. 

* * * * * * * 

(4) Notwithstanding any other provision of law, any moneys, 

other than an allocation made under the Dingell-Johnson Sport 

Fish Restoration Act (16 U.S.C. 777 et seq.), awarded by the 

Department of Homeland Security in the form of awards or 

grants, may be used by the recipient to pay for øtraining of 

personnel to assist in the enforcement of security zones and 

limited access areas¿ training and certifying personnel under 

this section. 

ø(c) CERTIFICATION; TRAINING PARTNERS.—In developing and delivering training under the training program, the Secretary, in coordination with the Maritime Administrator of the Department of 

Transportation, and consistent with section 109 of the Maritime 

Transportation Security Act of 2002 (46 U.S.C. 70101 note), shall— 

ø(1) work with government training facilities, academic institutions, private organizations, employee organizations, and 

other entities that provide specialized, state-of-the-art training 

for governmental and nongovernmental emergency responder 

providers or commercial seaport personnel and management; 

ø(2) utilize, as appropriate, government training facilities, 

courses provided by community colleges, public safety academies, State and private universities, and other facilities; and 

ø(3) certify organizations that offer the curriculum for training and certification.¿ 

(c) CERTIFICATION OF PERSONNEL.—The Commandant of the 

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ployed by a law enforcement agency, who has successfully completed 

training that the Commandant has developed under this section. 

(d) TACTICAL TRAINING FOR LAW ENFORCEMENT PERSONNEL.— The Commandant of the Coast Guard may make such training developed under this section available to law enforcement officers employed by a law enforcement agency, on either a reimbursable or a 

non-reimbursable basis, if the Commandant determines that— 

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

undertake tactical training the authorization of which had been 

previously approved, and no other member of the Coast Guard 

is reasonably available to undertake such training; 

(2) the inability or unavailability of Coast Guard personnel 

to undertake such training creates training capacity within the 

training program; and 

(3) such training, if made available to such law enforcement 

officers, would contribute to achievement of the purposes of this 

section. 

* * * * * * * 

HOMELAND SECURITY ACT OF 2002 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) * * * 

(b) TABLE OF CONTENTS.—The table of contents for this Act is as 

follows: 

* * * * * * * 

TITLE IV—DIRECTORATE OF BORDER AND TRANSPORTATION SECURITY 

* * * * * * * 

SUBTITLE C—MISCELLANEOUS PROVISIONS

* * * * * * * 

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

and Canada. 

* * * * * * * 

TITLE IV—DIRECTORATE OF BORDER 

AND TRANSPORTATION SECURITY 

* * * * * * * 

Subtitle C—Miscellaneous Provisions 

* * * * * * * 

SEC. 432. INTEGRATED CROSS-BORDER MARITIME OPERATIONS BETWEEN THE UNITED STATES AND CANADA. 

(a) AUTHORIZATION.—The Secretary is authorized to establish an 

Integrated Cross-Border Maritime Operations Program to coordinate maritime security operations between the United States and 

Canada (in this section referred to as the ‘‘Program’’). 

(b) PURPOSE.—The Secretary, acting through the Commandant of 

the Coast Guard, shall administer the Program in a manner that 

results in a cooperative approach between the United States and 

Canada to strengthen border security and detect, prevent, suppress, 


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investigate, and respond to terrorism and violations of law related 

to border security. 

(c) TRAINING.—The Secretary, acting through the Commandant of 

the Coast Guard, in consultation with the Secretary of State, may— 

(1) establish, as an element of the Program, a training program to create designated maritime law enforcement officers; 

(2) conduct training jointly with Canada, including training— 

(A) on the detection and apprehension of suspected terrorists and individuals attempting to unlawfully cross or unlawfully use the international maritime border between the 

United States and Canada, to enhance border security; 

(B) on the integration, analysis, and dissemination of 

port security information between the United States and 

Canada; 

(C) on the respective policy, regulatory, and legal considerations related to the Program; 

(D) on the use of force and maritime security; 

(E) in operational procedures and protection of information and other sensitive information; and 

(F) on preparedness and response to maritime terrorist 

incidents. 

(d) COORDINATION.—The Secretary, acting through the Commandant of the Coast Guard, shall coordinate the Program with 

other similar border security and antiterrorism programs within the 

Department. 

(e) MEMORANDA OF AGREEMENT.—The Secretary may enter into 

any memorandum of agreement necessary to carry out the Program. 

(f) AUTHORIZATION OF APPROPRIATIONS.—To carry out this section 

there is authorized to be appropriated to the Secretary $2,000,000 

for each of fiscal years 2013 and 2014. 

* * * * * * * 

SAFE PORT ACT 

* * * * * * * 

TITLE II—SECURITY OF THE 

INTERNATIONAL SUPPLY CHAIN 

Subtitle A—General Provisions 

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

INTERNATIONAL SUPPLY CHAIN. 

(a) * * * 

ø(b) REQUIREMENTS.—The strategic plan required under subsection (a) shall— 

ø(1) describe the roles, responsibilities, and authorities of 

Federal, State, local, and tribal government agencies and private-sector stakeholders that relate to the security of the movement of containers through the international supply chain; 


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ø(2) identify and address gaps and unnecessary overlaps in 

the roles, responsibilities, or authorities described in paragraph (1); 

ø(3) identify and make recommendations regarding legislative, regulatory, and organizational changes necessary to improve coordination among the entities or to enhance the security of the international supply chain; 

ø(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; 

ø(5) build on available resources and consider costs and benefits; 

ø(6) provide incentives for additional voluntary measures to 

enhance cargo security, as recommended by the Commissioner; 

ø(7) consider the impact of supply chain security requirements on small- and medium-sized companies; 

ø(8) include a process for sharing intelligence and information with private-sector stakeholders to assist in their security 

efforts; 

ø(9) identify a framework for prudent and measured response in the event of a transportation security incident involving the international supply chain; 

ø(10) provide protocols for the expeditious resumption of the 

flow of trade in accordance with section 202; 

ø(11) consider the linkages between supply chain security 

and security programs within other systems of movement, including travel security and terrorism finance programs; and 

ø(12) expand upon and relate to existing strategies and 

plans, including the National Response Plan, the National 

Maritime Transportation Security Plan, the National Strategy 

for Maritime Security, and the 8 supporting plans of the Strategy, as required by Homeland Security Presidential Directive 

13.¿ 

(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 further regulatory or organizational changes necessary to — 


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(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. 

* * * * * * * 

(g) REPORT.— (1) * * * 

(2) øFINAL¿ UPDATED REPORT.—Not later than 3 years after 

the date on which the strategic plan is submitted under paragraph (1), the Secretary shall submit a report to the appropriate congressional committees that contains an update of the 

strategic plan. 

(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 subVerDate Mar 15 2010 07:02 Jun 13, 2012 Jkt 019006 PO 00000 Frm 00033 Fmt 6659 Sfmt 6603 E:\HR\OC\HR521.XXX HR521

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mitted under paragraph (3), the Secretary shall submit to the 

appropriate congressional committees an implementation plan 

for carrying out the strategic plan. 

(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. 

* * * * * * * 

Subtitle B—Customs-Trade Partnership 

Against Terrorism 

* * * * * * * 

SEC. 216. TIER 3 PARTICIPANTS IN C-TPAT. 

(a) * * * 

* * * * * * * 

ø(d) DEADLINE.—Not later than 2 years after the date of the enactment of this Act, the Secretary, acting through the Commissioner, shall designate appropriate criteria pursuant to subsection 

(b) and provide benefits to validated Tier 3 participants pursuant 

to subsection (c).¿ 

(d) PRIVATE SECTOR INFORMATION SHARING ON SECURITY AND

TERRORISM THREATS.— 

(1) IN GENERAL.—The Secretary shall promote information 

sharing, as appropriate, between and among the Department 

and C-TPAT 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. 217. CONSEQUENCES FOR LACK OF COMPLIANCE. 

(a) IN GENERAL.—øIf at any time¿ 

(1) FAILURE TO MEET REQUIREMENTS.—If at any time a CTPAT participant’s security measures and supply chain security practices fail to meet any of the requirements under this 

subtitle, the Commissioner may deny the participant benefits 

otherwise available under this subtitle, in whole or in part. 

The Commissioner shall develop procedures that provide appropriate protections to C-TPAT participants before benefits 

are revoked. Such procedures may not limit the ability of the 


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Commissioner to take actions to protect the national security 

of the United States. 

(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 likelihood that such an inspection would assist 

in confirming the security measures in place and further the 

validation process. 

* * * * * * * 

SEC. 218. THIRD PARTY VALIDATIONS. 

(a) * * * 

* * * * * * * 

(j) RECOGNITION OF OTHER COUNTRIES’ TRUSTED SHIPPER PROGRAMS.—Not later than 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. 

* * * * * * * 


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(36) 

ADDITIONAL VIEWS 

Democratic Members of the Committee on Homeland Security remain committed to strengthening the security of America’s ports 

and waterways and ensuring the Department of Homeland Security’s maritime security efforts are as effective and efficient as 

practicable. To that end, Democratic Members were pleased to author several provisions included H.R. 4251, as reported by the 

Committee. 

Sec. 107. Port Security Grant Funding for Mandated Security 

Personnel, is based on H.R. 5803, the Port Security Boots on the 

Ground Act, introduced by Representative Laura Richardson. This 

section provides for the use of Port Security Grant Program funds 

to pay certain overtime costs for mandated security personnel, as 

is permitted under other similar Department grant programs. 

Sec. 110. Small Vessel Threat Analysis, is based on a legislative 

proposal authored by Representative Loretta Sanchez to require 

the Department to conduct a risk assessment of a small vessel terrorist attack occurring in U.S. ports or against U.S. maritime interests. 

Sec. 114. Northern Border Unmanned Aerial Vehicle Pilot 

Project, is based on a legislative proposal authored by Representative Hansen Clarke to authorize the Department to establish a 

pilot project to facilitate the safe integration of medium-sized UAVs 

into the National airspace along the northern border. 

Sec. 116. Use of Port Security Grant Funds for Replacement of 

Security Equipment or Facilities, is based on H.R. 5802, the Port 

Security Equipment Improvement Act of 2012, introduced by Representative Laura Richardson. This section provides for the use of 

Port Security Grant Program funds for the replacement of old 

equipment or facilities. 

Sec. 206. Expiration of Certain Transportation Worker Identification Credentials, is based on H.R. 1105, the Transitioning With an 

Improved Credential (TWIC) Program Act, introduced by Ranking 

Member Bennie G. Thompson. This section exempts current TWIC 

holders from the requirement to renew their credentials until the 

Department issues a final rule regarding electronic TWIC readers 

or June 30, 2014, whichever is earlier. 


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Sec. 207. Securing the Transportation Worker Identification Credential Against Use by Unauthorized Aliens, is based on a legislative proposal authored by Representative Loretta Sanchez. A May 

2011 Government Accountability Office report entitled ‘‘Transportation Worker Identification Credential: Internal Control Weaknesses Need to Be Corrected to Help Achieve Security Objectives 

(GA0–11–657)’’ identified weaknesses in the TWIC application 

process that could allow aliens not authorized to work in the U.S. 

to obtain a TWIC. This section addresses those deficiencies by directing the Secretary to modify the TWIC enrollment and distribution process to help ensure that only those authorized to work in 

the U.S. are able to obtain and use a TWIC. 

BENNIE G. THOMPSON, 

Ranking Member. 

Æ 


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