[Congressional Record (Bound Edition), Volume 158 (2012), Part 7]
[House]
[Pages 9976-9983]
[From the U.S. 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.

[[Page 9977]]

       (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.
       (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

[[Page 9978]]

       (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
       (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

[[Page 9979]]

       ``(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 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.

[[Page 9980]]

       ``(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 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

[[Page 9981]]

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 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-TPAT, 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-TPAT 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

[[Page 9982]]

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 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.

[[Page 9983]]

  I ask my colleagues to support the bill, and I yield back the balance 
of my time.
  Mr. CONYERS. Madam Speaker, I rise today to provide some additional 
views on H.R. 4251, the ``SMART Port Security Act.'' I strongly support 
many of the provisions in this bill, which will streamline and 
strengthen our Nation's port security. In particular, I am pleased to 
see that this bill makes needed reforms to the Transportation Worker 
Identification Credential (TWIC) program by streamlining and reforming 
the process of enrolling, issuing, and renewing worker credentials. 
This legislation will spare workers the financial and procedural burden 
of renewing their application until the Department of Homeland Security 
issues a final rule on biometric readers and implements the 
infrastructure needed to make the program fully functional.
  I want to express my concern about the possible consequences of 
Section 114 of the bill, which would create a new pilot program aimed 
at accelerating the deployment of medium-sized unmanned aircraft along 
the northern border. While improving our Nation's surveillance 
capabilities along our border is a laudable goal, law enforcement and 
border security officials have a responsibility to ensure that any use 
of drone technology in domestic airspace does not unnecessarily or 
illegally invade the privacy of ordinary citizens who happen to live 
close to the border.
  This legislation and the recent reauthorization of the Federal 
Aviation Administration are both components of a significant recent 
legislative effort aimed at significantly loosening regulations and 
other legal barriers that have, until now, limited the deployment of 
drones domestically. Before this technology is deployed along the 
border and elsewhere within the United States, Congress must put in 
place commonsense protections that ensure that the privacy and due 
process rights of Americans are protected. For example, drones should 
not be deployed for open ended surveillance or law enforcement 
purposes. If a drone will intrude on reasonable privacy expectations, a 
warrant should be required. Legal protections should be put in place 
that clearly outline how personally identifiable information is 
collected and retained by a drone program. The process by which our 
country develops these policies and protections should be transparent 
and include all stakeholders.
  This technology has the capacity to dramatically change the character 
of public life in our country. We must ensure that a legal structure is 
put in place that will allow us to reap the benefits of this 
technology, while still preserving the freedoms and values that make 
our country great.
  Mr. KING of New York. Madam Speaker, I am submitting the following 
letter exchange for the Record between myself and Chairman Dave Camp of 
the House Committee on Ways and Means:

                                     House of Representatives,

                                    Washington, DC, June 27, 2012.
     Hon. Peter King,
     Chairman, Committee on Homeland Security, House of 
         Representatives, Washington, DC.
       Dear Chairman King: I am writing to you concerning the bill 
     H.R. 4251, the ``Securing Maritime Activities through Risk-
     based Targeting for Port Security Act.'' This legislation 
     includes several provisions in section 201 that pertain to 
     the jurisdiction of the Committee on Ways & Means with 
     respect to Customs and Border Protection's mission of 
     facilitating the efficient flow of legitimate commerce.
       The Committee recognizes the importance of H.R. 4251 and 
     the need to move expeditiously. Therefore, the Committee is 
     willing to forego action on the bill with the understanding 
     that by doing so, the Committee is not in any way prejudiced 
     with respect to its jurisdictional prerogatives or the 
     appointment of conferees on this or similar legislation.
       In addition, I appreciate your agreement that the Ways & 
     Means Committee be included within the definition of 
     ``appropriate congressional committees'' so that it will 
     receive the implementation and strategic plans required in 
     section 201 of the bill.
       I would appreciate your response to this letter, confirming 
     this understanding with respect to H.R. 4251, and would ask 
     that a copy of our exchange of letters on this matter be 
     included in the Congressional Record.
           Sincerely,
                                                        Dave Camp,
                            Chairman, Committee on Ways and Means.
                                  ____
                                  


                                      House of Representatives

                                    Washington, DC, June 28, 2012.
     Hon. Dave Camp,
     Chairman, Committee on Ways and Means, Washington, DC.
       Dear Chairman Camp: Thank you for your letter regarding 
     H.R. 4251, the ``SMART Port Security Act of 2012.'' I 
     acknowledge that by forgoing action on this legislation, your 
     Committee is not diminishing or altering its jurisdiction.
       I also concur with you that forgoing action on this bill 
     does not in any way prejudice the Committee on Ways and Means 
     with respect to its jurisdictional prerogatives on this bill 
     or similar legislation in the future. I agree that the 
     Committee on Ways and Means is considered to be an 
     ``appropriate congressional committee'' in regards to the 
     certain reports required by section 201 in H.R. 4251.
       I will include our letters on H.R. 4251 in the 
     Congressional Record, and I appreciate your cooperation 
     regarding this legislation.
           Sincerely,
                                                    Peter T. King,
                                                         Chairman.

  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.

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