IIB 
112TH CONGRESS 
2D SESSION 
H. R. 4251 
IN THE SENATE OF THE UNITED STATES 
JUNE 29, 2012 
Received; read twice and referred to the Committee on Commerce, Science, 
and Transportation 
AN ACT 
To authorize, enhance, and reform certain port security pro-
grams through increased efficiency and risk-based coordi-
nation within the Department of Homeland Security, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Securing Maritime Ac-
tivities 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 equip-
ment 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 Ter-
rorism. 
Sec. 205. Transportation Worker Identification Credential process reform. 
Sec. 206. Expiration of certain transportation worker identification credentials. 
Sec. 207. Securing the Transportation Worker Identification Credential against 
use by unauthorized aliens. 
Sec. 208. Report on Federal transportation security credentialing programs. 
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SEC. 3. DEFINITIONS. 
In this Act: 
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ 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 respon-
sibilities. 
(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 inter-
state government entity, or agency or instru-
mentality of a local government; 
(B) an Indian tribe or authorized tribal or-
ganization, or in Alaska a Native village or 
Alaska Regional Native Corporation; and 
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(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 Co-
lumbia, the Commonwealth of Puerto Rico, the Vir-
gin Islands, Guam, American Samoa, the Common-
wealth of the Northern Mariana Islands, any posses-
sion of the United States, and any waters within the 
jurisdiction of the United States. 
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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 sup-
port 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 Of-
fice of Operations Coordination and Planning, shall sub-
mit to the appropriate congressional committees an addi-
tional 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 accord-
ance with a risk-based assessment that considers mission 
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needs, performance results, threats, costs, and any other 
relevant factors identified by the Secretary. Specific fac-
tors 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-ef-
fective way to reduce risk and achieve mission suc-
cess. 
(b) CONSIDERATIONS.—An assessment required 
under subsection (a) shall consider applicable Federal 
guidance, standards, and agency strategic and perform-
ance plans, including the following: 
(1) The most recent Departmental Quadrennial 
Homeland Security Review, and any follow-up guid-
ance related to such Review. 
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(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 Deploy-
ment Plans. 
(5) Applicable aviation guidance from the De-
partment, including the DHS Aviation Concept of 
Operations. 
(6) Other strategic and acquisition guidance 
promulgated by the Federal Government as the Sec-
retary 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 OPER-
ATIONAL 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 as-
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sets, the Secretary shall 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 po-
tential cost savings achieved by sharing aviation and mari-
time 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 de-
pots. 
(4) Short term moving costs required in order 
to co-locate facilities. 
(5) Acquisition and infrastructure costs for en-
larging 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 sum-
marizing the results of the cost-benefit analysis required 
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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 mari-
time law enforcement operations within the Depart-
ment to identify initiatives and programs with dupli-
cative, overlapping, or redundant goals and activi-
ties, including the cost of such duplication; and 
(2) submit to the appropriate congressional 
committees a report on the findings of the study, in-
cluding— 
(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 MA-
RINE AND AVIATION ASSETS. 
(a) IN GENERAL.—Before initiating the acquisition 
of any new boat or aviation asset, the Secretary shall co-
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ordinate across the agencies of the Department, as appro-
priate, to— 
(1) identify common mission requirements be-
fore 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 facili-
tate 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 acquisi-
tion, administration, operations, maintenance, and joint 
management across the Department, in order to decrease 
procurement and operational costs and increase effi-
ciencies. 
(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— 
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(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 appli-
cation.’’. 
(b) ADMINISTRATION OF COST SHARE DETERMINA-
TIONS.—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
RE-
QUIRED.—If the Secretary or the Secretary’s 
designee determines that a proposed project 
merits support and cannot be undertaken with-
out a higher rate of Federal support, then the 
Secretary or the Secretary’s designee may ap-
prove grants under this section for that project 
with a matching requirement other than that 
specified in paragraph (1).’’; and 
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(2) by inserting after subparagraph (C) the fol-
lowing: 
‘‘(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 para-
graph the Secretary shall either approve or dis-
approve the application.’’. 
(c) ADMINISTRATION.—Section 70107(i) of title 46, 
United States Code, is amended by adding after para-
graph (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.—Notwith-
standing any other provision of law, not later than 
60 days after the date on which an applicant sub-
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mits 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 MAN-
DATED SECURITY PERSONNEL. 
Section 70107(b)(1) of title 46, United States Code, 
is amended by striking the period and inserting the fol-
lowing: ‘‘, 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 rep-
resentation from U. S. Customs and Border Protec-
tion and U.S. Immigration and Customs Enforce-
ment,’’after ‘‘the Coast Guard’’; and 
(2) by striking ‘‘the United States Customs and 
Border Protection, the United States Immigration 
and Customs Enforcement,’’. 
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(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 co-
ordination, training and certifying of non-Federal 
law enforcement personnel, and joint training exer-
cises; 
(3) deployment of interoperable communications 
equipment under subsection (e) of such section, in-
cluding— 
(A) an assessment of the cost-effectiveness 
and utility of such equipment for Federal agen-
cies, State and local law enforcement agencies, 
port security agencies, and other public and pri-
vate sector entities; 
(B) data showing which Federal agencies, 
State and local law enforcement agencies, port 
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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 Fed-
eral agencies, State and local law enforcement 
agencies, port security agencies, and other pub-
lic 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 ac-
tivities of such centers, including daily coordination 
activities, information sharing, intelligence integra-
tion, 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 con-
gressional committees a report that analyzes and com-
pares the costs, capabilities, and missions of different 
aviation assets, including unmanned aerial vehicles, uti-
lized by the Department to assess the relative costs of un-
manned aerial vehicles as compared to manned aerial vehi-
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cles, and any increased operational benefits offered by un-
manned 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 pro-
vide 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. 
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SEC. 111. U.S. CUSTOMS AND BORDER PROTECTION WORK-
FORCE PLAN. 
(a) IN GENERAL.—Not later than one year after the 
date of the enactment of this Act, the Secretary shall sub-
mit 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 De-
partment, including optimal levels of U.S. Customs and 
Border Protection staffing required to conduct all border 
security functions. 
(b) CONSIDERATION
OF
PRIOR
STAFFING
RE-
SOURCES.—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 OPER-
ATIONS 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 OPER-
ATIONS BETWEEN THE UNITED STATES AND 
CANADA. 
‘‘(a) AUTHORIZATION.—The Secretary is authorized 
to establish an Integrated Cross-Border Maritime Oper-
ations Program to coordinate maritime security operations 
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between the United States and Canada (in this section re-
ferred 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 ap-
proach 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, in-
cluding training— 
‘‘(A) on the detection and apprehension of 
suspected terrorists and individuals attempting 
to unlawfully cross or unlawfully use the inter-
national maritime border between the United 
States and Canada, to enhance border security; 
‘‘(B) on the integration, analysis, and dis-
semination of port security information between 
the United States and Canada; 
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‘‘(C) on the respective policy, regulatory, 
and legal considerations related to the Program; 
‘‘(D) on the use of force and maritime se-
curity; 
‘‘(E) in operational procedures and protec-
tion of information and other sensitive informa-
tion; 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 appro-
priated to the Secretary $2,000,000 for each of fiscal 
years 2013 and 2014.’’. 
(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.’’. 
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SEC. 113. TRAINING AND CERTIFICATION OF TRAINING FOR 
PORT SECURITY. 
(a) USE OF PORT SECURITY GRANT FUNDS.—Sec-
tion 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 en-
forcement 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 enforce-
ment of security zones for the transpor-
tation of especially hazardous cargo’’ and 
inserting ‘‘of maritime law enforcement 
personnel’’. 
(2) By amending subsection (a) to read as fol-
lows: 
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‘‘(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 secu-
rity, maritime law enforcement, and maritime surge ca-
pacity activities.’’. 
(3) In subsection (b)(1), by amending subpara-
graphs (A) and (B) to read as follows: 
‘‘(A) after notice and opportunity for pub-
lic 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 subpara-
graph (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.’’. 
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(A) by striking the item relating to the 
heading for subchapter II and inserting the fol-
lowing: 
‘‘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 en-
forcement 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 VEHI-
CLE PILOT PROJECT. 
(a) RESEARCH AND DEVELOPMENT.—The Secretary 
shall research and develop technologies to allow routine 
operation of medium-sized unmanned aerial vehicles, in-
cluding autonomously piloted drones, within the national 
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airspace for border and maritime security missions with-
out any degradation of existing levels of security-related 
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 com-
mence 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 sys-
tem. 
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 sub-
section: 
‘‘(f) RECOGNITION OF ASSESSMENT CONDUCTED BY 
OTHER ENTITIES.— 
‘‘(1) CERTIFICATION AND TREATMENT OF AS-
SESSMENTS.—For the purposes of this section and 
section 70109, the Secretary may treat an assess-
ment conducted by a foreign government or inter-
national organization as an assessment by the Sec-
retary required by subsection (a), if the Secretary 
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certifies that the assessment was conducted in ac-
cordance with subsection (b). 
‘‘(2) AUTHORIZATION TO ENTER INTO AGREE-
MENTS
OR
ARRANGEMENTS.—The Secretary may 
enter into an agreement or arrangement with a for-
eign government or international organization, under 
which— 
‘‘(A) such government or organization 
may, on behalf of the Secretary, conduct an as-
sessment 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 sub-
section— 
‘‘(A) requires the Secretary to recognize an 
assessment that a foreign government or an 
international organization conducts pursuant to 
this subsection; or 
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‘‘(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 RE-
PLACEMENT OF SECURITY EQUIPMENT OR 
FACILITIES. 
Section 70107(b)(2) of title 46, United States Code, 
is amended by inserting ‘‘(including replacement)’’ after 
‘‘acquisition’’. 
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 fol-
lows: 
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‘‘(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, responsibil-
ities, 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 legiti-
mate commerce; 
‘‘(C) enhance the security of the inter-
national supply chain; or 
‘‘(D) address any gaps or overlaps de-
scribed in paragraph (1); 
‘‘(3) identify further regulatory or organiza-
tional changes necessary to— 
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