[Congressional Record Volume 158, Number 97 (Tuesday, June 26, 2012)]
[House]
[Pages H4003-H4009]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SECURING MARITIME ACTIVITIES THROUGH RISK-BASED TARGETING FOR PORT
SECURITY ACT
Mr. KING of New York. Madam Speaker, I move to suspend the rules and
pass 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, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 4251
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
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.
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.
[[Page H4004]]
(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 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
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 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
[[Page H4005]]
(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.''.
(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:
``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:
``Sec. 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 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 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
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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''.
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
(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 non-asset 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.
(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
[[Page H4007]]
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 programs, including recommendations to reduce
or eliminate such redundancies or overlaps.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
York (Mr. King) and the gentleman from Mississippi (Mr. Thompson) each
will control 20 minutes.
The Chair recognizes the gentleman from New York.
General Leave
Mr. KING of New York. Madam Speaker, I ask unanimous consent that all
Members may have 5 legislative days to revise and extend their remarks
and include any extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New York?
There was no objection.
Mr. KING of New York. Madam Speaker, I yield myself such time as I
may consume.
At the outset, Madam Speaker, I would like to thank Chairman Miller
for her hard work on this bipartisan legislation.
After the attacks of September 11, Congress recognized the importance
of securing our Nation's ports. The SMART Port, building on the work of
the SAFE Port Act from 2006, addresses new maritime security challenges
as the Department's port and maritime security mission continues to
evolve and grow. This legislation accomplishes this by using a risk-
based framework, enhancing security measures overseas before threats
reach our shores, fostering a collaborative environment between Customs
and Border Patrol and the U.S. Coast Guard in sharing port security
duties and leveraging our trusted allies.
This bill would extend the validity of the TWIC cards, currently set
to begin expiring later this year, until the Department of Homeland
Security releases the TWIC Reader Rule, which has been delayed over and
over again.
This bill is the result of more than a year of close congressional
oversight and scrutiny through hearings held by the Subcommittee on
Border and Maritime Security. It's a good bill. I urge my colleagues to
support it, and I reserve the balance of my time.
Mr. THOMPSON of Mississippi. Madam Speaker, I rise in support of H.R.
4251, the SMART Port Security Act, and yield myself such time as I may
consume.
Madam Speaker, I'm pleased that the House is meeting today to
consider H.R. 4251, the SMART Port Security Act. This bill includes a
number of Democratic-sponsored provisions aimed at improving our
Nation's maritime security.
Representative Loretta Sanchez authored a provision to strengthen the
integrity of the TWIC program. Representative Laura Richardson authored
language to allow port operators to use their grant funds for security
provided by local law enforcement. Representative Clarke of Michigan
authored a provision relating to northern border security.
{time} 1620
H.R. 4251 also includes language modeled after a bill I introduced,
H.R. 1105, to relieve the Nation's port and transportation workers from
the hassle and expense of renewing their 5-year TWIC cards, given that
DHS has not done its job to fully implement this security program.
Specifically, section 206 of this bill will relieve current TWIC
holders, the men and women who work in our ports, from being required
to secure new identification cards beginning in October 2012, given
that DHS has not even issued a draft rule for biometric readers.
For the full security potential of the TWIC program to be realized,
there must be readers installed at ports to match the biometric cards
with the individuals presenting them. Since 2007, over 2.1 million
longshoremen, truckers, merchant mariners, and rail and vessel crew
members have undergone extensive homeland security and criminal
background checks and paid a $132.50 fee to secure TWICs.
Since H.R. 4251 was considered by the full committee, DHS has taken
positive steps to address the upcoming TWIC renewal predicament.
Specifically, DHS recently announced that, starting this August,
workers will be eligible for a 3-year TWIC renewal card at a discounted
rate and with fewer visits to the enrollment center. While this is a
positive development, more must be done.
The bill before us today allows workers to continue to use their
TWICs for the next 2 years, while providing an incentive for DHS to
move forward on readers as soon as possible.
I insert into the Record a letter we received today from
Transportation Trades Department, AFL-CIO, expressing their support for
this bill and the provisions making commonsense changes to the TWIC
program.
Transportation Trades
Department, AFL-CIO,
Washington, DC, June 26, 2012.
Dear Representative: On behalf of the Transportation Trades
Department, AFL-CIO (TTD), I write to express our support for
H.R. 4251, the SMART Port Security Act, offered by Rep.
Candice Miller (R-MI), which will be voted under suspension
later today.
The SMART Port Security Act, among other things, makes
needed reforms to the Transportation Worker Identification
Credential (TWIC) program enrollment, activation, issuance
and renewal process. Specifically, this legislation postpones
the requirement of workers to renew TWIC cards in the absence
of Department of Homeland Security (DHS) final regulations
mandating biometric card readers.
Since the TWIC program began, over two million workers have
fulfilled their obligation to enroll in the TWIC program,
incurring the significant cost and time commitment to comply
with the program. However, DHS has yet to issue a final rule
on the biometric readers, rendering the expensive biometric
component of the TWIC cards virtually useless. Despite the
readers not being in place, workers will have to renew their
TWIC cards beginning in October, 2012. This legislation would
spare workers the financial and procedural burden of renewing
their application until DHS puts the infrastructure in place
to make the program fully functional.
This legislation also includes language which ensures that
workers are only required to make one in-person visit to an
enrollment center either for a first enrollment
[[Page H4008]]
or a renewal. This will lift a logistical burden for workers,
many of whom may be hundreds of miles away from a TWIC
enrollment facility while on the job.
Transportation workers have been asked for too long to bear
the financial burden of supporting a program that is
incomplete and ineffective. I urge all Members to vote for
H.R. 4251.
Sincerely,
Edward Wytkind,
President.
With that, Madam Speaker, I reserve the balance of my time.
Mr. KING of New York. Madam Speaker, I yield as much time as she may
consume to the author of the bill, the distinguished gentlewoman from
Michigan (Mrs. Miller).
Mrs. MILLER of Michigan. I certainly want to thank the chairman for
his support of the bill, and I thank the gentleman for yielding the
time as well.
Madam Speaker, I rise today in support of H.R. 4251. I'm absolutely
convinced that the bill before the House today, the SMART Port Act,
will tangibly enhance the Nation's maritime security.
We spend a lot of time, as a Nation, and as a Congress, focusing on
security threats at the southern border and on the northern border, but
sometimes we also need to remember that we have a very long maritime
border that deserves our attention as well.
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 could severely damage our economy.
We simply cannot afford to ignore threats to our Nation's maritime
security.
To that end, SMART Port builds on the work of the 2006 SAFE Port Act
to enhance risk-based security measures overseas before the threat
reaches our shore. It emphasizes a stronger collaborative environment
between the Customs and Border Protection and the Coast Guard in
sharing port security duties, and it leverages the maritime security
work of our trusted allies.
If we learned anything after 9/11, it's that we need to move from the
need-to-know information to the need-to-share information. The
Department of Homeland Security components with shared jurisdiction
must cooperate in maritime operations and form partnerships with State
and local law enforcement agencies in order to improve the Nation's
maritime security.
What happens in our waterways and ports affects the entire Nation, so
it is incumbent on us to realize that maritime security is not the
province simply of the government alone. Leveraging partnerships with
private industry, as well as our international partners, is common
sense; and trusted-shippers programs, like the Customs Trade
Partnership Against Terrorism, or the C-T PAT, where companies who make
significant investments in their security, reduces the amount of
resources that CBP needs to spend on looking at cargo shipments that we
know the least about.
Our trusted allies, like Canada and the European Union, have programs
similar to C-T PAT in place, and this bill supports the concept of
mutual recognition where the Secretary can accept other countries'
trusted-shipper programs when they provide an equal level of security.
And not only does this save CBP inspectors from the added burden of
having to verify companies who participate in both programs. It also
really expedites commerce across our borders, and we really need to do
that because of limited use of taxpayer dollars, certainly. And so it
makes fiscal sense, as well, to do that.
The American port worker, truck driver, and others who make port
operations run smoothly are another critical maritime security layer.
They're all required to obtain the TWIC cards that the ranking member
just mentioned here, and the chairman as well. These individuals have
complied with the law. They've done their part. They've purchased a
TWIC card. In many cases they've traveled long distances to go to the
enrollment center, maybe not once but twice, and undergone the
background check. But the problem is that the United States Government
has not done its part.
The Department of Homeland Security has yet to release the TWIC
reader rule, meaning that the biometric information embedded on the
card validating the worker's identity just isn't being confirmed. And
in reality, because of that, the TWIC card has become little more than
an expensive ``flash pass.''
This bill will extend the validity of TWIC cards until the government
upholds its end of the bargain and puts out a reader rule. The Coast
Guard and TSA must produce the TWIC reader rule which is necessary to
give American workers and port facilities certainty after years of
delay.
As well, we should be cognizant of the fact that CBP and the United
States Coast Guard cannot intrusively scan every truck, every cargo
container or bulk shipment that comes into American ports. It's
certainly cost prohibitive, but it would also cripple the just-in-time
delivery system that the industry relies on to keep American commerce
running.
Instead, I believe that the security of the supply chain is maximized
through the use of a risk-based methodology, which is a key element in
this bill. Smart, cost effective choices have to be made that maximize
our resources while ensuring the security of our ports and, by that,
our extension of our way of life.
This bill, Madam Speaker, is a step toward smarter security that
encourages DHS to become more efficient, better integrated, and more
closely coordinated amongst its component industry and international
partners.
Again, I want to thank the chairman, Chairman King, for his support
of this bill, and Ranking Member Thompson of the full committee, and
certainly my counterpart on the subcommittee as well, Ranking Member
Cuellar.
Mr. THOMPSON of Mississippi. Madam Speaker, I yield as much time as
she may consume to the gentlewoman from California (Ms. Richardson).
Ms. RICHARDSON. Madam Speaker, I rise today in support of the SMART
Port Security Act, H.R. 4251. I'm a proud cosponsor of Chairwoman
Miller's legislation and commend her for her efforts on this important
issue to our Nation.
At a time when media reports assume that Congress doesn't work
together, I'm pleased to note that I've been able to work with
Chairwoman Miller and the committee in a bipartisan fashion to have two
of my bills incorporated into the SMART Port Security Act.
As the senior member of the Homeland Security Committee, and the
Representative of a district neighboring the ports of both Long Beach
and Los Angeles, the largest in this country, I have made port security
a priority of mine.
Ports are the first line of defense at our sea borders and serve
vital national interests by supporting the mobilization and deployment
of U.S. troops, facilitating the flow of trade, and supporting our
economy. Ninety-five percent of all goods entering or exiting our
country go through our Nation's ports, and 45 percent of those actually
go through the community I represent.
In the next 20 years, U.S. overseas trade is expected to double; and
in light of the terrorist attacks on September 11 in 2001, heightened
awareness about the vulnerability of all modes of transportation to
terrorist acts are a priority of us on this committee.
Included in the SMART Port Security Act are two pieces of legislation
I authored, Port Security Boots on the Ground Act and the Port Security
Equipment Improvement Act. Both of these bills involve the use of
existing port security grant funds.
The Port Security Grant Program provides funding to port authorities,
facility operators, and State and local government agencies so that
they can provide security services to our ports. However, prior to my
introduced legislation, port security grant funds could not be used to
fund statutorily mandated personnel costs.
My Port Security Boots on the Ground Act, which was incorporated into
H.R. 4251, corrects this inconsistency between Port Security Grant
programs and other grant funding programs. To prevent the possibility
of waste, fraud and abuse, the amount of security personnel costs
awarded are limited to 50 percent of the total grant amount in any
fiscal year.
{time} 1630
The Maritime Transportation Security Act and the SAFE Port Act
authorize funds to identify vulnerabilities in port security and to
ensure compliance with mandated port security
[[Page H4009]]
plans. My legislation made these funds workable and removed government
red tape from State, local, and government entities.
I thank Chairwoman Miller for including my Port Security Boots on the
Ground Act in this important legislation.
The second inclusion that also should be highlighted is the Port
Security Equipment Improvement Act, which was accepted by unanimous
consent as an amendment to H.R. 4251 during the full committee markup.
The Port Security Equipment Improvement Act gives recipients of Port
Security Grant Program funds the flexibility in determining whether it
is more cost effective to repair or replace security equipment.
I have personally heard from many port authorities in my district and
from those surrounding my area about their frustrations of not being
given the opportunity to purchase newer and improved security
equipment. This will give the recipients of the Port Security Grant
Program funds the ability to fix or replace defective security
equipment, thereby making the best use of limited resources.
I appreciate Congresswoman Candice Miller for working with me and for
having both of my bills, the Port Security Boots on the Ground Act and
the Port Security Equipment Improvement Act, included in the SMART Port
Security Act legislation before us today. I look forward to continuing
to work with the chairwoman, the committee and staff on protecting our
ports. I urge my colleagues on both sides of the aisle to join us in
supporting the SMART Port Security Act.
Mr. KING of New York. Madam Speaker, I have no further requests for
time. If the gentleman from Mississippi has no further speakers, I am
prepared to close once he does.
Mr. THOMPSON of Mississippi. Madam Speaker, I have no further
requests for time, and I am prepared to close.
I would note that my support for the SMART Port Security Act is
rooted in not only the improvements in the TWIC Program but also in
what it seeks to do in order to improve the coordination and
cooperation between DHS's maritime components and strengthened
procurement practices. This bill is the result of a bipartisan effort
to strengthen the security of America's ports and waterways and to
ensure that the Department of Homeland Security's maritime security
efforts are as effective and efficient as practicable.
With that, Madam Speaker, I urge the passage of H.R. 4251, and I
yield back the balance of my time.
Mr. KING of New York. Madam Speaker, in closing, the SMART Port
Security Act makes needed improvements to the TWIC program and supports
security grants. It also encourages both the CBP and the Coast Guard to
reduce redundancies and overlap, which will save taxpayer dollars.
I ask my colleagues to support the bill, and I yield back the balance
of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from New York (Mr. King) that the House suspend the rules and
pass the bill, H.R. 4251, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. THOMPSON of Mississippi. Madam Speaker, I object to the vote on
the ground that a quorum is not present and make the point of order
that a quorum is not present.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this question will be postponed.
The point of no quorum is considered withdrawn.
____________________