I 
112TH CONGRESS 
2D SESSION 
H. R. 4251 
To authorize, enhance, and reform certain port security programs through 
increased efficiency and risk-based coordination within the Department 
of Homeland Security, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 22, 2012 
Mrs. MILLER of Michigan (for herself, Mr. KING of New York, Mr. CUELLAR, 
Mr. MCCAUL, and Mr. CLARKE of Michigan) introduced the following 
bill; which was referred to the Committee on Homeland Security 
A BILL 
To authorize, enhance, and reform certain port security 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, 
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: 
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Sec. 1. Short title. 
Sec. 2. Table of contents. 
Sec. 3. Definitions. 
TITLE I—DEPARTMENT OF HOMELAND SECURITY PORT 
SECURITY PROGRAMS 
Sec. 101. Updates of maritime operations coordination plan. 
Sec. 102. U.S. Customs and Border Protection Office of Air and Marine Asset 
Deployment. 
Sec. 103. Cost-benefit analysis of co-locating operational entities. 
Sec. 104. Study of maritime security redundancies. 
Sec. 105. Acquisition and strategic sourcing of marine and aviation assets. 
Sec. 106. Port security grant program management. 
Sec. 107. Interagency operational centers for port security. 
Sec. 108. Report on DHS aviation assets. 
Sec. 109. Small vessel threat analysis. 
Sec. 110. U.S. Customs and Border Protection workforce plan. 
TITLE II—MARITIME SUPPLY CHAIN SECURITY 
Sec. 201. Strategic plan to enhance the security of the international supply 
chain. 
Sec. 202. Customs-Trade Partnership Against Terrorism. 
Sec. 203. Recognition of other countries’ trusted shipper programs. 
Sec. 204. Pilot program for inclusion of non-asset based third party logisitics 
providers in the Customs-Trade Partnership Against Ter-
rorism. 
Sec. 205. Transportation Worker Identification Credential process reform. 
Sec. 206. Issuance of final rule relating to Transportation Worker Identifica-
tion Credential reader requirements. 
Sec. 207. Securing the Transportation Worker Identification Credential against 
use by unauthorized aliens. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) APPROPRIATE
CONGRESSIONAL
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. 
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(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 
(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, 
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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. 
TITLE 
I—DEPARTMENT 
OF 
HOMELAND SECURITY PORT 
SECURITY PROGRAMS 
SEC. 101. UPDATES OF MARITIME OPERATIONS COORDINA-
TION PLAN. 
(a) IN GENERAL.—Not later than July 1, 2014, the 
Secretary, acting through the Department’s Office of Op-
erations Coordination and Planning, shall submit to the 
appropriate congressional committees a maritime oper-
ations coordination plan for the coordination and coopera-
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tion of maritime operations undertaken by the agencies 
within the Department. Such plan shall update the mari-
time operations coordination plan released by the Depart-
ment in July 2011, and shall address the following: 
(1) Coordination of planning, integration of 
maritime operations, and development of joint situa-
tional awareness of any office or agency of the De-
partment 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 coordina-
tion mechanisms, including the Interagency Oper-
ational 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 sup-
port of maritime homeland security missions. 
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(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 
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. 
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(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. 
(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. 
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