I 

109TH CONGRESS 

2D SESSION H. R. 4833 

To require that only United States persons may control security operations 

at seaports in the United States or enter into agreements to conduct 

such security operations. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 1, 2006 

Mr. DOOLITTLE introduced the following bill; which was referred to the 

Committee on Homeland Security 

A BILL 

To require that only United States persons may control 

security operations at seaports in the United States or 

enter into agreements to conduct such security operations. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Americans Securing 

5 American Ports (ASAP) Act’’. 
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1 SEC. 2. SECURITY OPERATIONS OF U.S. SEAPORTS BY U.S. 

2 PERSONS. 

3 (a) REQUIREMENTS.—The Secretary of Homeland 

4 Security shall require that only United States persons 

5 may— 

6 (1) control security operations at any seaport in 

7 the United States; or 

8 (2) enter into any contract or other agreement 

9 to conduct such security operations. 

10 (b) BACKGROUND CHECKS.—No individual may 

11 carry out security operations at any seaport of the United 

12 States unless the Secretary of Homeland Security has con13 ducted a background check of that individual and ap14 proved that individual for such security operations on the 

15 basis of the background check. 

16 (c) REGULATIONS.—The Secretary of Homeland Se17 curity shall promulgate such regulations as may be nec18 essary to enforce the requirements of subsections (a) and 

19 (b), including requiring any person to furnish, in the form 

20 of reports or otherwise, such information as is necessary 

21 to enforce such requirements. 

22 (d) PENALTIES.—Any person who violates any re23 quirement of subsection (a) or (b) or any regulation pro24 mulgated under subsection (c) shall be subject to the pen25 alties under section 206 of the International Emergency 

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1 Economic Powers Act (50 U.S. 1705) to the same extent 

2 as such penalties apply to violations under that Act. 

3 (e) EMPLOYEES.—Nothing in this section prohibits 

4 an alien who is lawfully present in the United States from 

5 performing security operations in the course of employ6 ment by a United States person that controls such security 

7 operations. 

8 (f) DEFINITION.—In this section: 

9 (1) STATE.—The term ‘‘State’’ means any of 

10 the several States, the District of Columbia, and any 

11 commonwealth, territory, or possession of the United 

12 States. 

13 (2) UNITED STATES PERSON.—The term 

14 ‘‘United States person’’ means— 

15 (A) any United States citizen; 

16 (B) any person other than an individual, if 

17 United States citizens own or control at least 

18 51 percent of the securities or other equity in19 terest in such person; or 

20 (C) any agency or instrumentality of the 

21 Federal Government or any State or local gov22 ernment. 

23 (3) UNITED STATES.—The term ‘‘United 

24 States’’ means the several States, the District of Co-
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1 lumbia, and any commonwealth, territory, or posses2 sion of the United States. 

3 SEC. 3. EFFECTIVE DATE. 

4 This Act shall take effect 90 days after the date of 

5 the enactment of this Act. 

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