IB 
Union Calendar No. 369 
112TH CONGRESS 
2D SESSION 
H. R. 4251 
[Report No. 112–521] 
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 
JUNE 12, 2012 
Additional sponsors: Mr. RIGELL, Mr. THOMPSON of Mississippi, Ms. JACK-
SON LEE of Texas, Ms. LORETTA SANCHEZ of California, Ms. HAHN, and 
Ms. RICHARDSON 
JUNE 12, 2012 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on March 22, 2012] 
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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. 
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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: 
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 De-
ployment. 
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 pro-
viders 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. 
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SEC. 3. DEFINITIONS. 
In this Act: 
(1) 
APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional commit-
tees’’ 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 responsibil-
ities. 
(4) LOCAL GOVERNMENT.—The term ‘‘local gov-
ernment’’ 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 cor-
poration under State law), regional or interstate 
government entity, or agency or instrumentality 
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 Vir-
gin Islands, Guam, American Samoa, the Common-
wealth 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 Home-
land 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 Com-
monwealth 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 COORDINA-
TION 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 un-
dertaken by the agencies within the Department. Such plan 
shall update the maritime operations coordination plan re-
leased by the Department 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 sec-
tor, regarding threats to maritime security. 
(3) Leveraging existing departmental coordina-
tion mechanisms, including the Interagency Oper-
ational Centers, as authorized under section 70107A 
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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 oper-
ational 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 Office 
of Operations Coordination and Planning, shall submit to 
the appropriate congressional committees an additional up-
date 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 
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factors identified by the Secretary. Specific factors to be in-
cluded 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-effec-
tive 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, in-
cluding 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. 
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(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 De-
partment, including the DHS Aviation Concept of 
Operations. 
(6) Other strategic and acquisition guidance pro-
mulgated 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 congres-
sional committees a report on the compliance of the Depart-
ment 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-
sets, the Secretary shall conduct a cost-benefit analysis to 
consider the potential cost of and savings derived from co- 
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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 depots. 
(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 summa-
rizing the results of the cost-benefit analysis required under 
subsection (a) and any planned actions based upon such 
results. 
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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 activities, 
including the cost of such duplication; and 
(2) submit to the appropriate congressional com-
mittees a report on the findings of the study, includ-
ing— 
(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 coordi-
nate across the agencies of the Department, as appropriate, 
to— 
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(1) identify common mission requirements before 
initiating a new acquisition program; and 
(2) standardize, to the extent practicable, equip-
ment 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 Pro-
posal. 
(b) ESTABLISHMENT OF AVIATION AND MARITIME CO-
ORDINATION 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 mari-
time issues, including issues related to the acquisition, ad-
ministration, operations, maintenance, and joint manage-
ment across the Department, in order to decrease procure-
ment 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 
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(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 applica-
tion.’’. 
(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 des-
ignee determines that a proposed project merits 
support and cannot be undertaken without a 
higher rate of Federal support, then the Sec-
retary 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).’’; and 
(2) by inserting after subparagraph (C) the fol-
lowing: 
‘‘(D) COST SHARE DETERMINATIONS.—Not-
withstanding any other provision of law, not 
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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 paragraph 
(4) the following: 
‘‘(5) RELEASE OF FUNDS.—To the maximum ex-
tent practicable, the Secretary shall complete all nec-
essary 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 submits 
a complete application for an extension of the period 
of performance for a grant, the Secretary shall either 
approve or disapprove the application.’’. 
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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, ex-
cept 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 amend-
ed— 
(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,’’. 
(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— 
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(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 
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 agen-
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cies, 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 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 compares 
the costs, capabilities, and missions of different aviation as-
sets, including unmanned aerial vehicles, utilized by the De-
partment to assess the relative costs of unmanned aerial ve-
hicles as compared to manned aerial vehicles, and any in-
creased operational benefits offered by unmanned aerial ve-
hicles as compared to manned aviation assets. 
(b) REQUIRED DATA.—The report required under sub-
section (a) shall include a detailed assessment of costs for 
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operating each type of asset described in such report, in-
cluding— 
(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 sav-
ings. 
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 con-
gressional committees a report analyzing the threat of, vul-
nerability to, and consequence of an act of terrorism using 
a small vessel to attack United States vessels, ports, or mar-
itime interests. 
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 submit 
to the appropriate congressional committees a plan for opti-
mizing staffing levels for U.S. Customs and Border Protec-
tion personnel to carry out the mission of the Department, 
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including optimal levels of U.S. Customs and Border Pro-
tection staffing required to conduct all border security func-
tions. 
(b) 
CONSIDERATION
OF
PRIOR
STAFFING
RE-
SOURCES.—The staffing plan required under subsection (a) 
shall consider previous staffing models prepared by the De-
partment 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 Home-
land 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 Operations 
Program to coordinate maritime security operations be-
tween 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 Pro-
gram in a manner that results in a cooperative approach 
between the United States and Canada to strengthen border 
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security and detect, prevent, suppress, investigate, and re-
spond 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; 
‘‘(C) on the respective policy, regulatory, 
and legal considerations related to the Program; 
‘‘(D) on the use of force and maritime secu-
rity; 
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‘‘(E) in operational procedures and protec-
tion of information and other sensitive informa-
tion; and 
‘‘(F) on preparedness and response to mari-
time 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.’’. 
(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: 
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‘‘(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 enforce-
ment personnel under section 70132 of this 
title.’’. 
(c) CREDENTIALING STANDARDS, TRAINING, AND CER-
TIFICATION.—Section 70132 of such title is amended as fol-
lows: 
(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 per-
sonnel’’. 
(2) By amending subsection (a) to read as fol-
lows: 
‘‘(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 
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to a cooperative enforcement agreement, maritime security, 
maritime law enforcement, and maritime surge capacity 
activities.’’. 
(3) In subsection (b)(1), by amending subpara-
graphs (A) and (B) to read as follows: 
‘‘(A) after notice and opportunity for public 
comment, may develop and publish training cur-
ricula for the standards established under sub-
section (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, trib-
al, 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 
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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 as-
sist in the enforcement of security zones and lim-
ited 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 Com-
mandant 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 Com-
mandant 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— 
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‘‘(1) a member of the Coast Guard is unable or 
unavailable to undertake tactical training the author-
ization 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: 
‘‘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 fol-
lowing: 
‘‘SUBCHAPTER II—PORT SECURITY TRAINING AND CERTIFICATION’’; AND 
(B) by striking the item relating to section 
70132 and inserting the following: 
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‘‘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 VEHICLE 
PILOT PROJECT. 
(a) RESEARCH AND DEVELOPMENT.—The Secretary 
shall research and develop technologies to allow routine op-
eration of medium-sized unmanned aerial vehicles, includ-
ing autonomously piloted drones, within the national air-
space for border and maritime security missions without 
any degradation of existing levels of security-related sur-
veillance 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 
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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
AS-
SESSMENTS.—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 re-
quired by subsection (a), if the Secretary certifies that 
the assessment was conducted in accordance with sub-
section (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 assessment 
required under subsection (a), or share with the 
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Secretary information pertaining to such assess-
ments; 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 in-
formation 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 be-
fore entering into an agreement or arrangement with 
a foreign government under paragraph (2), the Sec-
retary shall notify the appropriate congressional com-
mittees of the proposed terms of such agreement or ar-
rangement.’’. 
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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 ‘‘ac-
quisition’’. 
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: 
‘‘(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 over-
laps 
in 
Federal 
transportation 
security 
credentialing programs; and 
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‘‘(B) any unnecessary redundancies or over-
laps 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 agen-
cies 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 described 
in paragraph (1); 
‘‘(3) identify further regulatory or organiza-
tional changes necessary to — 
‘‘(A) improve coordination among the agen-
cies 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 described 
in paragraph (1); 
‘‘(4) provide measurable goals, including objec-
tives, mechanisms, and a schedule, for furthering the 
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security of commercial operations from point of ori-
gin to point of destination; 
‘‘(5) build on available resources and consider 
costs and benefits; 
‘‘(6) recommend additional incentives for vol-
untary measures taken by private sector entities to 
enhance supply chain security, including additional 
incentives for such entities participating in the Cus-
toms-Trade Partnership Against Terrorism in accord-
ance 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 meas-
ured response in the event of a transportation secu-
rity incident involving the international supply 
chain; 
‘‘(9) provide updated protocols for the expedi-
tious resumption of the flow of trade in accordance 
with section 202; 
‘‘(10) review and address implementation of les-
sons 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; 
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‘‘(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 re-
search, development, testing, and evaluation by the 
Department; and 
‘‘(13) expand upon and relate to existing strate-
gies 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 Secu-
rity, 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 commit-
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tees 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 congres-
sional committees an implementation plan for car-
rying out the strategic plan.’’; and 
(3) by adding at the end the following new sub-
section: 
‘‘(h) THREAT ASSESSMENT.—In developing the reports 
and implementation plan required under subsection (g), the 
Secretary shall take into account an assessment of the cur-
rent threats to the global supply chain.’’. 
SEC. 202. CUSTOMS-TRADE PARTNERSHIP AGAINST TER-
RORISM. 
(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 redesig-
nated, the following new paragraph: 
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‘‘(2) UNANNOUNCED
INSPECTIONS.—The Sec-
retary, acting through the Commissioner, may con-
duct an unannounced inspection of a C-TPAT par-
ticipant’s security measures and supply chain secu-
rity practices if the Commissioner determines, based 
on previously identified deficiencies in security meas-
ures 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 proc-
ess.’’. 
(b) PRIVATE SECTOR INFORMATION SHARING ON SE-
CURITY AND TERRORISM THREATS.—Subsection (d) of sec-
tion 216 of the SAFE Port Act (6 U.S.C. 966) is amended 
to read as follows: 
‘‘(d) PRIVATE SECTOR INFORMATION SHARING ON SE-
CURITY 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 
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‘‘(B) means and methods of preventing, re-
sponding to, and mitigating consequences from 
the vulnerabilities, attacks, and exploitations de-
scribed in subparagraph (A). 
‘‘(2) CONTENTS.—The information sharing re-
quired under paragraph (1) may include— 
‘‘(A) the creation of classified and unclassi-
fied 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 sign-
ing an arrangement between the United States and a for-
eign government providing for mutual recognition of supply 
chain security practices which might result in the utiliza-
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tion of benefits described in section 214, 215, or 216, the 
Secretary shall— 
‘‘(1) notify the appropriate congressional com-
mittees of the proposed terms of such arrangement; 
and 
‘‘(2) determine, in consultation with the Com-
missioner, 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 non-asset 
based third party logistics providers that arrange inter-
national transportation of freight to participate in the Cus-
toms-Trade Partnership Against Terrorism program, as de-
scribed 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 Cus-
toms-Trade Partnership Against Terrorism established pur-
suant to section 211 of the SAFE Port Act (6 U.S.C. 961). 
(b) REQUIREMENTS.— 
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(1) VOLUNTARY
PARTICIPATION.—Participation 
by non-asset based third party logistics providers that 
arrange international transportation of freight taking 
part in the pilot program shall be voluntary. 
(2) MINIMUM NUMBER.—The Secretary shall en-
sure that not fewer than five non-asset based third 
party logistics providers that arrange international 
transportation of freight take part in the pilot pro-
gram. 
(3) DURATION.—The pilot program shall be con-
ducted for a minimum duration of one year. 
(c) REPORT.—Not later than 180 days after the con-
clusion 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 Part-
nership Against Terrorism of non-asset based third party 
logistics providers that arrange international transpor-
tation 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 
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is urgent that the Transportation Worker Identification 
Credential (in this section referred to as the ‘‘TWIC’’) ap-
plication 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 Sec-
retary shall reform the process for the enrollment, activa-
tion, issuance, and renewal of a TWIC to require, in total, 
not more than one in-person visit to a designated enroll-
ment 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 read-
ers designed to work with Transportation Worker 
Identification Credentials as an access control and se-
curity measure issued pursuant to the advanced no-
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tice 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 IDEN-
TIFICATION 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 con-
tinue 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— 
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(A) publish a list of documents that will 
identify non-United States citizen TWIC appli-
cants and verify their immigration statuses by 
requiring each such applicants to produce a doc-
ument or documents that demonstrate— 
(i) identity; and 
(ii) proof of lawful presence in the 
United States; and 
(B) establish training requirements to en-
sure that trusted agents at TWIC enrollment cen-
ters receive training to identify fraudulent docu-
ments. 
(b) EXPIRATION OF TWICS.—A TWIC expires on the 
date of its expiration, or in the date on which the indi-
vidual 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 SECU-
RITY 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 unneces-
sary redundancies or overlaps in Federal transportation se-
curity credentialing programs, including recommendations 
to reduce or eliminate such redundancies or overlaps. 
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Union Calendar No. 369 
112TH CONGRESS 
2D SESSION 
H. R. 4251 
[Report No. 112–521] 
A BILL 
To authorize, enhance, and reform certain port se-
curity programs through increased efficiency and 
risk-based coordination within the Department of 
Homeland Security, and for other purposes. 
JUNE 12, 2012 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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