[House Report 112-521]
[From the U.S. Government Publishing Office]
112th Congress } { Report
2d Session } HOUSE OF REPRESENTATIVES { 112-521
=======================================================================
SECURING MARITIME ACTIVITIES THROUGH RISK-BASED TARGETING FOR PORT
SECURITY ACT
_______
June 12, 2012.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. King of New York, from the Committee on Homeland Security,
submitted the following
R E P O R T
together with
ADDITIONAL VIEWS
[To accompany H.R. 4251]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security, to whom was referred
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, having considered the same, report
favorably thereon with an amendment and recommend that the bill
as amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 12
Background and Need for Legislation.............................. 12
Hearings......................................................... 12
Committee Consideration.......................................... 13
Committee Votes.................................................. 14
Committee Oversight Findings..................................... 14
New Budget Authority, Entitlement Authority, and Tax Expenditures 14
Congressional Budget Office Estimate............................. 14
Statement of General Performance Goals and Objectives............ 17
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 17
Federal Mandates Statement....................................... 17
Preemption Clarification......................................... 18
Advisory Committee Statement..................................... 18
Applicability to Legislative Branch.............................. 18
Section-by-Section Analysis of the Legislation................... 18
Changes in Existing Law Made by the Bill, as Reported............ 24
Additional Views................................................. 36
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
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.
(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
(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 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 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.
Purpose and Summary
The purpose of H.R. 4251 is 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.
Background and Need for Legislation
Securing our waterways is an essential component of a
layered approach to security. 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 severely damage our economy and cost lives.
Smart, cost-effective security choices based on legitimate
risk have to be made in order to secure the Nation's ports and
costal waterways.
The SMART Port Security Act builds on the work of the
Security and Accountability For Every Port Act of 2006 (the
``SAFE Port Act'', Pub. L. 109-347) to enhance risk-based
security measures overseas before the threat reaches our
shores, emphasizing a stronger collaborative environment
between and among the components of the Department of Homeland
Security in sharing port security duties.
Based on a series of oversight hearings, the Committee
learned that cooperation and coordination between the U.S.
Coast Guard and Customs and Border Protection, and other State
and local partners, should be more fully developed. This will
allow the Department to perform its maritime security mission,
at a reduced cost.
The SMART Port Act encourages the Department to coordinate
within the components to effectively secure the maritime
environment, recognizes that maritime security is not the
province of the Federal Government alone, and emphasizes the
importance of partnerships with the private sector and
international partners.
Hearings
No hearings were held on H.R. 4251; however, the Committee
conducted several oversight hearings on port and maritime
security.
On June 14, 2011, the Subcommittee on Border and Maritime
Security held a hearing on ``Securing the Nation's Ports and
Maritime Border--A Review of the Coast Guard's Post--9/11
Homeland Security Missions.'' The Subcommittee received
testimony from Admiral Robert J. Papp, Jr., Commandant of the
U.S. Coast Guard.
On July 12, 2011, the Subcommittee on Border and Maritime
Security held a hearing entitled ``Protecting the Maritime
Borders--Leveraging Law Enforcement Cooperation to Enhance
Security Along America's Coasts.'' The Subcommittee received
testimony from Major General Michael C. Kostelnik (Ret.),
Assistant Commissioner, Office of Customs and Border Protection
Air and Marine, U.S. Customs and Border Protection, Department
of Homeland Security; Rear Admiral Paul F. Zukunft, Assistant
Commandant for Marine Safety, Security and Stewardship, United
States Coast Guard, Department of Homeland Security; Sheriff
Tim Donnellon, St. Clair County Sheriff's Office, Michigan; and
Sheriff Adrian Garcia, Harris County Sheriff's Office, Texas.
The Subcommittee on Border and Maritime Security held a
hearing on February 7, 2012, entitled ``Balancing Maritime
Security and Trade Facilitation: Protecting our Ports,
Increasing Commerce and Securing the Supply Chain--Part I.''
The Subcommittee received testimony from Hon. Jerrold Nadler, a
Representative in Congress from the 8th District of New York;
Mr. David Heyman, Assistant Secretary, Office of Policy,
Department of Homeland Security; Mr. Kevin McAleenan, Acting
Assistant Commissioner, Office of Field Operations, U.S.
Customs and Border Protection, Department of Homeland Security;
Rear Admiral Paul Zukunft, Assistant Commandant for Marine
Safety, Security and Stewardship, U.S. Coast Guard, Department
of Homeland Security; and Mr. Stephen Caldwell, Director,
Maritime and Coast Guard Issues, Homeland Security and Justice
Team, Government Accountability Office.
Committee Consideration
The Subcommittee on Border and Maritime Security met on
March 27, 2012, to consider H.R. 4251, and reported the measure
to the Full Committee for consideration, amended, by voice
vote.
The Subcommittee agreed to H.R. 4251, as amended, by voice
vote.
The following amendments were offered:
An Amendment in the Nature of a Substitute to H.R. 4251
offered by Mrs. Miller (#1); was AGREED TO, as amended, by
voice vote.
An amendment to the Amendment in the Nature of a
Substitute to H.R. 4251 offered by Mr. Rigell (#1A); was AGREED
TO by voice vote.
Add at the end a new title entitled ``Title _--Miscellaneous
Provisions. Sec. 01. Recognition of Port Security Assessments Conducted
by Other Entities.''
An amendment to the Amendment in the Nature of a
Substitute to H.R. 4251 offered by Mr. McCaul (#1B); was AGREED
TO by voice vote.
Add at the end a new title entitled ``Title _--Miscellaneous
Provisions. Sec. 01. Limitation on Delegation of Inspection,
Certification, and Related Services.''
The Committee met on June 6, 2012, to consider H.R. 4251,
and ordered the measure to be reported to the House with a
favorable recommendation, amended, by voice vote. The Committee
took the following actions:
The Committee adopted H.R. 4251, as amended, by voice vote.
The following amendments were offered:
An Amendment in the Nature of a Substitute offered by
Mrs.Miller (#1); was AGREED TO by voice vote, as amended.
An amendment to the Amendment in the Nature of a
Substitute offered by Ms. Richardson (#1A); was AGREED TO, by
unanimous consent.
At the end of title I, add a new section entitled ``Sec. 1_. Use of
Port Security Grant Funds for Replacement of Security Equipment or
Facilities.''
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Cravaack (#1B); was AGREED TO, by
unanimous consent.
At the end of title II, add a new section entitled ``Sec. 2. Report
on Federal Transportation Security Credentialing Programs.''
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the recorded
votes on the motion to report legislation and amendments
thereto.
No recorded votes were requested during consideration of
H.R. 4251.
Committee Oversight Findings
Pursuant to clause 3(c)(1) of rule XIII of the Rules of the
House of Representatives, the Committee has held oversight
hearings and made findings that are reflected in this report.
New Budget Authority, Entitlement Authority, and Tax Expenditures
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee finds that H.R.
4251, the Securing Maritime Activities through Risk-based
Targeting for Port Security Act, would result in no new or
increased budget authority, entitlement authority, or tax
expenditures or revenues.
Congressional Budget Office Estimate
The Committee adopts as its own the cost estimate prepared
by the Director of the Congressional Budget Office pursuant to
section 402 of the Congressional Budget Act of 1974.
However, the Committee notes that the costs associated with
H.R. 4251, the SMART Port Security Act, are consistent with
Department of Homeland Security maritime security
responsibilities and should be supported using existing funds.
The authorization of appropriations for Integrated Cross-
Border Maritime Operations, commonly called Shiprider, is
consistent with the U.S. Coast Guard's planned funding level
once this program transitions from a pilot to a fully
operational program. The committee's intent is to support the
use of existing Coast Guard funds, at the level authorized by
the bill.
U.S. Congress,
Congressional Budget Office,
Washington, DC, June 11, 2012.
Hon. Peter T. King,
Chairman, Committee on Homeland Security,
U.S. House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 4251, the SMART
Port Security Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts are Mark
Grabowicz and Sarah Puro.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
H.R. 4251--SMART Port Security Act
Summary: H.R. 4251 would require the Department of Homeland
Security (DHS) to carry out two pilot programs relating to
border and port security and would direct DHS and the
Government Accountability Office (GAO) to prepare several
reports on improving port security. In addition, the
legislation would authorize the appropriation of $4 million for
a security program jointly operated by the United States Coast
Guard (USCG) and the Canadian government. H.R. 4251 also would
direct DHS to make changes to procedures for issuing
Transportation Worker Identification Credentials (TWICs) to
individuals who require unescorted access to secure areas of
ports and certain other facilities.
CBO estimates that implementing this legislation would cost
$9 million over the next five years, assuming appropriation of
the necessary amounts. Changes to the TWIC program could affect
offsetting receipts and subsequent direct spending; therefore,
pay-as-you-go procedures apply. CBO estimates, however, that
the net impact of any such effects would not be significant in
any year. Enacting H.R. 4251 would not affect revenues.
H.R. 4251 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would not affect the budgets of state, local, or tribal
governments.
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 4251 is shown in the following table.
The cost of this legislation falls within budget functions 400
(transportation), 450 (community and regional development), 750
(administration of justice), and 800 (general government).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
--------------------------------------------------
2013 2014 2015 2016 2017 2013-2017
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Pilot Programs and Reports:
Estimated Authorization Level............................ 5 * * 0 0 5
Estimated Outlays........................................ 5 * * 0 0 5
Coast Guard Border Security Program:
Authorization Level...................................... 2 2 0 0 0 4
Estimated Outlays........................................ 1 2 1 0 0 4
Total Changes:
Estimated Authorization Level........................ 7 2 * 0 0 9
Estimated Outlays.................................... 6 2 1 0 0 9
----------------------------------------------------------------------------------------------------------------
Note: * = less than $500,000.
Basis of estimate: For this estimate, CBO assumes that the
legislation will be enacted near the end of 2012 and that
amounts specified and estimated to be necessary will be
appropriated for each year.
Spending subject to appropriation
Pilot Programs and Reports. H.R. 4251 would direct DHS to
carry out pilot programs relating to the use of unmanned
aircraft to patrol the United States border with Canada and the
expansion of a trade security program.
The legislation also would require DHS and GAO to prepare
several reports, most within one year of the bill's enactment.
Those reports would address issues that include the following:
Updating the Maritime Operations Coordination Plan, identifying
duplicative programs and goals, assessing the deployment of
personnel and equipment within interagency operational centers,
and analyzing the threats and consequences of attacks by small
vessels on U.S. ports or maritime interests. Based on the costs
of similar activities, CBO estimates that the pilot programs
and reports required by H.R. 4251 would cost about $5 million
over the 2013-2015 period.
Coast Guard Border Security Program. H.R. 4251 would
authorize the appropriation of $4 million over the next two
years for the USCG to continue working with the Canadian
government to coordinate maritime security operations and to
conduct joint training. CBO estimates that implementing this
provision would cost $4 million over the 2013-2015 period,
assuming appropriation of the specified amounts.
Direct spending
The Maritime Transportation Security Act (Public Law 107-
295) directs the Secretary of Homeland Security to prohibit
unauthorized individuals from accessing secure areas of ports,
vessels, facilities on the outer continental shelf, and all
credentialed merchant mariners. To meet that requirement, the
Transportation Security Administration (TSA) issues credentials
with biometric information, known as TWICs, to workers who
require unescorted access to such areas. Under current
administrative procedures, obtaining a TWIC requires at least
two in-person visits to a TWIC enrollment center. H.R. 4251
would direct the Secretary of Homeland Security to reform those
procedures to ensure that individuals seeking a TWIC would need
to make one such in-person visit. The bill also would extend,
through June 30, 2014, the expiration date of TWICs for
individuals whose credentials would otherwise expire sooner.
The costs of implementing reformed TWIC procedures under
H.R. 4251 are uncertain and would depend on specific changes
that TSA would make. Current law directs TSA to collect and
spend cost-based fees from TWIC applicants to administer the
program. For this estimate, CBO assumes that TSA would revise
fees to offset any change in TSA's costs to administer the TWIC
program under H.R. 4251. Any such changes to offsetting
receipts from such fees and subsequent spending would be
considered direct spending; therefore, pay-as-you-go procedures
apply. CBO estimates, however, that any resulting net changes
in direct spending under H.R. 4251 would not be significant in
any year.
Pay-As-You-Go considerations: The Statutory Pay-As-You-Go
Act of 2010 establishes budget-reporting and enforcement
procedures for legislation affecting direct spending or
revenues. CBO estimates that the legislation would have an
insignificant impact on direct spending.
Intergovernmental and private-sector impact: H.R. 4251
contains no intergovernmental or private-sector mandates as
defined in UMRA and would not affect the budgets of state,
local, or tribal governments.
Previous CBO estimate: On June 8, 2012, CBO transmitted a
cost estimate for H.R. 3173, a bill to direct the Secretary of
Homeland Security to reform the process for the enrollment,
activation, issuance, and renewal of a Transportation Worker
Identification Credential (TWIC) to require, in total, not more
than one in-person visit to a designated enrollment center, as
ordered reported by the House Committee on Homeland Security on
May 9, 2012. Provisions of H.R. 3173 and H.R. 4251 that would
require DHS to modify procedures related to the TWIC program
are substantively similar, and our cost estimates are the same.
Estimate prepared by: Federal Costs: Mark Grabowicz (DHS),
Sarah Puro (Coast Guard), Megan Carroll (TSA), Daniel Hoople
(FEMA); Impact on state, local, and tribal governments: Melissa
Merrell; Impact on the private sector: Paige Piper/Bach.
Estimate approved by: Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Statement of General Performance Goals and Objectives
Pursuant to clause 3(c)(4) of rule XIII of the Rules of the
House of Representatives, H.R. 4251 contains the following
general performance goals, and objectives, including outcome
related goals and objectives authorized.
The primary purpose of H.R. 4251 is to foster and promote
greater coordination and cooperation among the components of
the Department of Homeland Security in the execution of their
maritime security mission. The Committee has identified several
inefficiencies within the Department that are addressed in H.R.
4251. The bill realizes greater cost efficiencies through
strategic sourcing and collocating assets, increases
collaboration among the Department's components, expands
partnerships with our international allies, promotes fairness
in the Transportation Worker Identification Credential (TWIC)
process, and requires a clear, robust Global Supply Chain
Security Strategy. H.R. 4251 builds on the strong security
provisions of the SAFE Port Act of 2006 by identifying and
eliminating waste and redundancies that will enable the
Department to more efficiently carry out its duty to protect
our Nation.
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits
In compliance with rule XXI of the Rules of the House of
Representatives, this bill, as reported, contains no
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of rule XXI.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
Preemption Clarification
In compliance with section 423 of the Congressional Budget
Act of 1974, requiring the report of any Committee on a bill or
joint resolution to include a statement on the extent to which
the bill or joint resolution is intended to preempt State,
local, or Tribal law, the Committee finds that H.R. 4251 does
not preempt any State, local, or Tribal law.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Section-by-Section Analysis of the Legislation
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.
This section details the contents of H.R. 4251.
Sec. 3. Definitions.
This section defines the terms used in H.R. 4251.
TITLE I--DEPARTMENT OF HOMELAND SECURITY PORT SECURITY PROGRAMS.
Sec. 101. Updates of Maritime Operations Coordination Plan.
This section requires the Department of Homeland Security
to update the Department's Maritime Operations Coordination
Plan (MOC-P), which was first released in July 2011. Although
long overdue, the Committee believes that this plan was an
important first step towards establishing a National framework
for interagency cooperation.
This section requires the updated versions of the MOC-P be
provided to Congress by July 1, 2014, and again on July 1,
2019. However, the Committee intends the MOC-P to be updated on
a periodic basis and expects that the next iteration of the
MOC-P will include mechanisms to share best practices among and
between the Regional Coordinating Mechanisms (ReCoMs); a
process for feedback to filter up, down, and between the
Department and the ReCoMs; a method to measure the
effectiveness of ReCoMs; and a process for local and State law
enforcement agencies and other port stakeholders to provide
feedback to the ReCoMs and the Department.
Sec. 102. U.S. Customs and Border Protection Office of Air and Marine
Asset Deployment.
This section requires the Department to ensure that any new
asset deployments by the U.S. Customs and Border Protection
(CBP) Office of Air and Marine (OAM) are determined using a
risk-based analysis. The Committee is concerned that a recent
report from the Government Accountability Office (GAO) titled
``Opportunities Exist to Ensure More Effective Use of DHS's Air
and Marine Assets,'' identified weaknesses in CBP's
documentation to clearly link deployment decisions with its
goals.
To ensure that future deployments are based on risk and the
needs of mission commanders, the Committee's goal is to ensure
implementation of the GAO's recommendation from the report,
requiring CBP OAM to document decision making analysis on asset
mix and placement. Moreover, the Committee strongly encourages
CBP to use a documented, repeatable, and systematic method of
asset deployment based on risk for any future asset deployment.
Sec. 103. Cost-Benefit Analysis of Co-locating Operational Entities.
This section requires the Department to examine locations
where CBP OAM and the U.S. Coast Guard both have maritime or
aviation assets deployed, and to determine the potential for
cost savings through co-location. The Committee strongly
believes that it is in the Nation's interest to reduce the
footprint and associated logistics trail of components within
the Department, to the degree practicable, in order to maximize
limited resources and increase operational efficiencies.
Sec. 104. Study of Maritime Security Redundancies.
This section requires GAO to review the Department's port
security and maritime law enforcement operations within one
year of enactment to identify duplicative, overlapping, or
redundant activities, including the cost of such duplication.
The GAO would be required to submit a report to the appropriate
congressional committees on its findings, and provide
recommendations for consolidation, elimination, or increased
cooperation to reduce unnecessary duplication.
While the Committee appreciates and supports the need for a
layered security approach, given the budgetary climate it is
important to ensure any unnecessary duplication, overlap, or
redundant activity that exists be minimized to the degree
practicable.
Sec. 105. Acquisition and Strategic Sourcing of Marine and Aviation
Assets.
This section requires the Department to use best practices
of strategic sourcing to streamline the acquisition process and
reduce costs prior to acquiring new boats or aviation assets
for the Department. Examples of best practices of strategic
sourcing include identifying common mission requirements and
standardizing equipment purchases to reduce cost. To achieve
this, the Secretary is required to establish a coordinating
mechanism for aviation and maritime issues.
The Committee is cognizant of the fact that the
Department's components have different missions, but strongly
believes component coordination of large-scale purchases can
lead to significant cost-savings.
Sec. 106. Port Security Grant Program Management.
This section sets timelines for the responses the
Department and the Federal Emergency Management Agency (FEMA)
must provide in regards to Port Security Grant applications.
This provision is necessary, as numerous port authorities and
State and local law enforcement agencies have voiced concern to
the Committee about delays to grant applications responses.
This section requires the Department and FEMA to respond to
grant applicants no later than 180 days from the date their
grant application was submitted.
Sec. 107. Port Security Grant Funding for Mandated Security Personnel.
This section allows the use of Port Security Grant Program
funds to pay limited overtime and backfill costs. Other grant
programs within the Department of Homeland Security allow for
grant funds to be used to finance overtime and backfill costs
and this provision will align the Port Security Grant Program
with other departmental grants.
Sec. 108. Interagency Operational Centers of Port Security.
This section requires CBP and the U.S. Immigration and
Customs Enforcement (ICE) to ensure they appoint at least one
part-time liaison to each Interagency Operation Center (IOC).
The Committee is concerned that IOCs are not being fully
utilized because DHS components are not willing to fund the
personnel needed to ensure effective cooperation.
To that end, the Committee expects the Secretary to report
on participation in joint daily operations, training and
certifying of non-Federal law enforcement personnel and joint
training exercises; the deployment of interoperable
communications equipment; and mission execution and support to
inform the future of IOCs.
Sec. 109. Report on DHS Aviation Assets.
This section requires the GAO to submit a report to the
Congress that analyzes the costs, capabilities, and missions
associated with both unmanned aerial vehicles (UAVs) and manned
aircraft used by the Department. The Department has maintained
that UAVs are significantly less expensive than manned
aircraft, but the Committee is concerned about the reliability
of CBP's cost estimates, as they do not include the cost of
pilots, maintenance, or satellite communications.
This provision is intended to provide the Committee with an
accurate comparison of aviation asset costs.
Sec. 110. Small Vessel Threat Analysis.
This section requires the Department to conduct a risk
assessment of a small vessel terrorist attack occurring in U.S.
ports or against U.S. maritime interests. While DHS published
the Small Vessel Security Strategy Implementation Plan in
January 2011, in order to coordinate actions to mitigate the
small boat threat, the Committee expects the Department to
incorporate small vessel threat analysis into existing risk
assessment requirements on an on-going basis.
Sec. 111. U.S. Customs and Border Protection Workforce Plan.
This section requires CBP to submit to Congress a plan for
optimizing staffing levels for CBP to carry out the mission of
the Department, including all border and port security
functions. The staffing plan should consider previous staffing
models by the Department and assessments of the threat and
vulnerability.
The Committee is disappointed that in spite of numerous
bipartisan requests, CBP is unwilling to provide the Committee
with proper documentation explaining its staffing plan. The
Committee expects that the manpower data requested under this
provision be provided on a yearly basis.
Sec. 112. Integrated Cross-Border Maritime Operations Between the
United States and Canada.
This section provides Congressional authorization for the
U.S. Coast Guard and the Royal Canadian Mounted Police maritime
Shiprider program. The authorization includes funding of $2
million per year, which is the current level of funding for the
program.
Nothing in this section should be construed to undermine
the existing Integrated Cross-Border Maritime Operations
agreement. The Committee's intent is to affirm the importance
of the program.
Sec. 113. Training and Certification of Training for Port Security.
This section expands upon a provision from the Coast Guard
Authorization Act of 2010 (Pub. L. 111-281) that allowed grant
funds provided under the Port Security Grant Program (PSGP) to
be used to pay for training of State and local law enforcement
officers in enforcing maritime security zones. This section
allows PSGP grants to be used for other types of maritime
security training and certification, and ensures that training
programs will be developed in consultation with the Federal Law
Enforcement Training Center (FLETC). The Committee believes
State and local law enforcement are a key element of a layered
approach to maritime security, and provide maritime law
enforcement benefits beyond simply enforcement within a
security zone, and thus should be eligible to receive port
security grant funding for other maritime law enforcement
training.
Sec. 114. Northern Border Unmanned Aerial Vehicle Pilot Project.
This section authorizes the Department to establish a pilot
project to facilitate the safe integration of medium-sized UAVs
into the National airspace in order to carry out border and
maritime security missions. This pilot would specifically test
UAVs along the Northern Border. CBP currently maintains a
certificate of operation from the Federal Aviation
Administration (FAA) to operate two unmanned aerial vehicles
along the Northern Border. This provision would ensure that
UAVs are properly tested for integration into the National
Airspace as required by the FAA Authorization Act (Pub. L. 112-
95), within the unique environment of the Northern Border.
Sec. 115. Recognition of Port Security Assessments Conducted by Other
Entities.
This section would allow the U.S. Coast Guard (USCG) to
recognize port security threat assessments conducted by a
foreign nation or international organization, such as the
European Union, provided that the assessment is equivalent to a
USCG inspection. The Committee believes this section is
necessary to avoid the duplicative efforts of our trusted
allies.
Sec. 116. Use of Port Security Grant Funds for Replacement of Security
Equipment or Facilities.
This section allows Port Security Grant Program funds to be
used to purchase the replacement of old equipment or
facilities. Under current law and regulations, port security
grant recipients may only use grant funds for acquisition,
operation, and maintenance of current port security equipment.
TITLE II--MARITIME SUPPLY CHAIN SECURITY
Sec. 201. Strategic Plan to Enhance the Security of the International
Supply Chain.
This section requires the Department to provide a detailed
strategy focused on reducing unnecessary redundancies, building
resiliency, and utilizing existing resources, technology, and
concepts. The strategy should also consider providing
incentives for the private sector to improve global supply
chain security and should include measurable goals and metrics
to measure success of the strategy.
The Committee is dismayed by the brief National Strategy
for Global Supply Chain Security issued in January and is
concerned that the document did not comply with the statutory
requirements of the SAFE Port Act of 2006. The Committee
believes that this provision will correct that deficiency by
requiring the Department to publish an in-depth strategy that
more fully comports with the original Congressional intent.
Sec. 202. Customs-Trade Partnership Against Terrorism.
This section authorizes CBP to conduct unannounced
inspections for a Customs-Trade Partnership Against Terrorism
(C-TPAT) member company, if the company has a history of
violations. Additionally, this section allows CBP to share
sensitive information regarding threats to the private sector
between and among C-TPAT participants providing recognizable
benefits for voluntary participation in the program.
Sec. 203. Recognition of Other Countries' Trusted Shipper Programs.
This section authorizes CBP to provide mutual recognition
of another country's trusted shipper program, provided the
country reciprocates to C-TPAT member companies, and the other
country's program provides an equivalent level of security to
C-TPAT. The Committee believes that by recognizing trusted
shipper programs from other countries, the Department will save
money and increase the efficiency of the international supply
chain.
Sec. 204. Pilot Program for Inclusion of Non-Asset Based Third-Party
Logistics Providers in the Customs-Trade Partnership Against
Terrorism.
This section requires CBP to create a pilot program to test
the security value and efficacy of allowing third-party
logistics (3PL) companies into the C-TPAT program. 3PLs are
non-asset based companies, working with outside companies to
arrange the international transportation of freight.
Despite clear statutory language in the ``SAFE Port Act of
2006,'' CBP has not permitted the participation of 3PLs in the
C-TPAT program. The Committee believes this pilot is an
important first step to determine the security value of
allowing 3PLs to participate in the C-TPAT program.
Sec. 205. Transportation Worker Identification Credential Process
Reform.
This section directs the Secretary to reform the process
for the enrollment, activation, issuance and renewal of the
Transportation Worker Identification Credential (TWIC) program.
Specifically, this section allows TWIC applicants to conduct
only one in-person visit to a TWIC enrollment center to process
their application. Under current law and regulations, TWIC
applicants must visit TWIC enrollment centers at least twice to
complete the process.
The Committee believes that the current requirement to
visit a TWIC enrollment center multiple times is an onerous,
unnecessary, burden for workers in the maritime industry, such
as merchant vessel operators and truck drivers, who rely on
obtaining the credential for employment.
Sec. 206. Expiration of Certain Transportation Worker Identification
Credentials.
This section exempts current TWIC holders from the
requirement to renew their credentials until the Department
issues a final rule regarding electronic TWIC readers or June
30, 2014, whichever is earlier.
As a result of the Department's delay in issuing this rule
and the lack of readers in our Nation's ports, the TWIC's
security value as a biometric credential has not been realized.
The Committee believes transportation workers who must obtain a
TWIC should not have to bear the burden of renewing their TWICs
until the Government fulfills its obligation to issue the rule.
This provision is intended to provide the Department
motivation to issue the rule at the earliest possible date and
ensure that the full security benefit of the TWIC program is
realized.
Sec. 207. Securing the Transportation Worker Identification Credential
Against Use by Unauthorized Aliens.
This section prevents unauthorized aliens from being able
to acquire a TWIC by directing the Secretary to modify the
enrollment and distribution process to require an applicant to
present proof of U.S. citizenship or authorization to work in
the United States when applying. Furthermore, the Secretary
must modify the TWIC enrollment process so that a TWIC will
expire upon the same date that a TWIC holder's work
authorization or visa will expire; whichever comes sooner.
The Committee believes that this section is necessary to
ensure all TWIC holders are authorized to work and are lawfully
present in the U.S.
Sec. 208. Report on Federal Transportation Security Credentialing
Programs.
This section requires the Secretary to submit a report to
Congress within 180 days identifying unnecessary redundancies
or overlaps in Federal transportation security credentialing
programs, including recommendations to reduce or eliminate such
redundancies or overlaps. Although the Committee understands
the Department is planning to address redundancy and
duplication in the transportation security credentialing
process by harmonizing security threat assessments through the
Transportation Security Administration's Universal Rule, the
Committee notes that the publication of the Rule continues to
be delayed. The Committee believes the Department should issue
the Universal Rule as soon as possible, in order to reduce the
unnecessary cost and duplicative regulatory burden on
transportation workers.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
TITLE 46, UNITED STATES CODE
* * * * * * *
Subtitle VII--Security and Drug Enforcement
* * * * * * *
CHAPTER 701--PORT SECURITY
Sec.
Subchapter I--General
70101. Definitions.
* * * * * * *
70107A. Interagency operational centers for port security.
* * * * * * *
[subchapter ii--port security zones]
subchapter ii--port security training and certification
* * * * * * *
[70132. Credentialing standards, training, and certification for State
and local support for the enforcement of security zones for
the transportation of especially hazardous cargo.]
70132. Credentialing standards, training, and certification of maritime
law enforcement personnel.
* * * * * * *
Subchapter I--General
* * * * * * *
Sec. 70107. Grants
(a) * * *
(b) Eligible Costs.--The following costs of funding the
correction of Coast Guard identified vulnerabilities in port
security and ensuring compliance with Area Maritime
Transportation Security Plans and facility security plans are
eligible to be funded:
(1) Salary, benefits, overtime compensation,
retirement contributions, and other costs of additional
Coast Guard mandated security personnel[.], 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.
(2) The cost of acquisition (including replacement),
operation, and maintenance of security equipment or
facilities to be used for security monitoring and
recording, security gates and fencing, marine barriers
for designated security zones, security-related
lighting systems, remote surveillance, concealed video
systems, security vessels, and other security-related
infrastructure or equipment that contributes to the
overall security of passengers, cargo, or crewmembers.
Grants awarded under this section may not be used to
construct buildings or other physical facilities,
except those which are constructed under terms and
conditions consistent with the requirements under
section 611(j)(8) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C.
5121(j)(8)), including those facilities in support of
this paragraph, and specifically approved by the
Secretary. Costs eligible for funding under this
paragraph may not exceed the greater of--
(A) * * *
* * * * * * *
[(8) The cost of training law enforcement personnel--
[(A) to enforce a security zone under section
70132 of this title; or
[(B) assist in the enforcement of a security
zone.]
(8) The cost of training and certifying a law
enforcement officer employed by a law enforcement
agency under section 70132 of this title.
(c) Matching Requirements.--
(1) * * *
(2) Exceptions.--
(A) * * *
[(B) Higher level of support required.--If
the Secretary determines that a proposed
project merits support and cannot be undertaken
without a higher rate of Federal support, then
the Secretary may approve grants under this
section with a matching requirement other than
that specified in paragraph (1).
[(C) Training.--There are no matching
requirements for grants under subsection (a) to
train law enforcement agency personnel in the
enforcement of security zones under section
70132 of this title or in assisting in the
enforcement of such security zones.]
(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).
(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.
(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.
* * * * * * *
(g) Applications.--[Any entity]
(1) In general.--Any entity subject to an Area
Maritime Transportation Security Plan may submit an
application for a grant under this section, at such
time, in such form, and containing such information and
assurances as the Secretary may require.
(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.
* * * * * * *
(i) Administration.--
(1) * * *
* * * * * * *
(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. 70107A. Interagency operational centers for port security
(a) * * *
(b) Characteristics.--The interagency operational centers
established under this section shall--
(1)(A) * * *
(B) where practicable, provide for the physical co-
location of the Coast Guard, not less than part-time
representation from U. S. Customs and Border Protection
and U.S. Immigration and Customs Enforcement, and, as
the Secretary determines appropriate, representatives
of [the United States Customs and Border Protection,
the United States Immigration and Customs Enforcement,]
the Transportation Security Administration, the
Department of Justice, the Department of Defense, and
other Federal agencies, State and local law enforcement
or port security personnel, members of the Area
Maritime Security Committee, and other public and
private sector stakeholders adversely affected by a
transportation security incident or transportation
disruption;
* * * * * * *
Sec. 70108. Foreign port assessment
(a) * * *
* * * * * * *
(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. 70122. Waterway watch program
(a) * * *
* * * * * * *
Sec. 70123. Mobile biometric identification
(a) * * *
* * * * * * *
[SEC. 70124. REGULATIONS.]
Sec. 70124. Regulations
Unless otherwise provided, the Secretary may issue
regulations necessary to implement this chapter.
Sec. 70125. Port security training for facility security officers
(a) * * *
* * * * * * *
[Subchapter II--Port Security Zones]
Subchapter II--Port Security Training and Certification
* * * * * * *
Sec. 70132. Credentialing standards, training, and certification [for
State and local support for the enforcement of
security zones for the transportation of especially
hazardous cargo] of maritime law enforcement
personnel
[(a) Standard.--The Commandant of the Coast Guard shall
establish, by regulation, national standards for training and
credentialing of law enforcement personnel--
[(1) to enforce a security zone; or
[(2) to assist in the enforcement of a security
zone.]
(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.
(b) Training.--
(1) The Commandant of the Coast Guard--
[(A) shall develop and publish a training
curriculum for--
[(i) law enforcement personnel to
enforce a security zone;
[(ii) law enforcement personnel to
enforce or assist in the enforcement of
a security zone; and
[(iii) personnel who are employed or
retained by a facility or vessel owner
to assist in the enforcement of a
security zone; and
[(B) may--
[(i) test and deliver such training,
the curriculum for which is developed
pursuant to subparagraph (A);
[(ii) enter into an agreement under
which a public entity (including a
Federal agency) or private entity may
test and deliver such training, the
curriculum for which has been developed
pursuant to subparagraph (A); and
[(iii) may accept a program,
conducted by a public entity (including
a Federal agency) or private entity,
through which such training is
delivered the curriculum for which is
developed pursuant to subparagraph
(A).]
(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.
[(2) Any Federal agency that provides such training,
and any public or private entity that receives moneys,
pursuant to section 70107(b)(8) of this title, to
provide such training, shall provide such training--
[(A) to law enforcement personnel who enforce
or assist in the enforcement of a security
zone; and
[(B) on an availability basis to--
[(i) law enforcement personnel who
assist in the enforcement of a security
zone; and
[(ii) personnel who are employed or
retained by a facility or vessel owner
or operator to assist in the
enforcement of a security zone.]
(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.
* * * * * * *
(4) Notwithstanding any other provision of law, any
moneys, other than an allocation made under the
Dingell-Johnson Sport Fish Restoration Act (16 U.S.C.
777 et seq.), awarded by the Department of Homeland
Security in the form of awards or grants, may be used
by the recipient to pay for [training of personnel to
assist in the enforcement of security zones and limited
access areas] training and certifying personnel under
this section.
[(c) Certification; Training Partners.--In developing and
delivering training under the training program, the Secretary,
in coordination with the Maritime Administrator of the
Department of Transportation, and consistent with section 109
of the Maritime Transportation Security Act of 2002 (46 U.S.C.
70101 note), shall--
[(1) work with government training facilities,
academic institutions, private organizations, employee
organizations, and other entities that provide
specialized, state-of-the-art training for governmental
and nongovernmental emergency responder providers or
commercial seaport personnel and management;
[(2) utilize, as appropriate, government training
facilities, courses provided by community colleges,
public safety academies, State and private
universities, and other facilities; and
[(3) certify organizations that offer the curriculum
for training and certification.]
(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.
(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.
* * * * * * *
----------
HOMELAND SECURITY ACT OF 2002
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) * * *
(b) Table of Contents.--The table of contents for this Act is
as follows:
* * * * * * *
TITLE IV--DIRECTORATE OF BORDER AND TRANSPORTATION SECURITY
* * * * * * *
Subtitle C--Miscellaneous Provisions
* * * * * * *
Sec. 432. Integrated cross-border maritime operations between the United
States and Canada.
* * * * * * *
TITLE IV--DIRECTORATE OF BORDER AND TRANSPORTATION SECURITY
* * * * * * *
Subtitle C--Miscellaneous Provisions
* * * * * * *
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.
* * * * * * *
----------
SAFE PORT ACT
* * * * * * *
TITLE II--SECURITY OF THE INTERNATIONAL SUPPLY CHAIN
Subtitle A--General Provisions
SEC. 201. STRATEGIC PLAN TO ENHANCE THE SECURITY OF THE INTERNATIONAL
SUPPLY CHAIN.
(a) * * *
[(b) Requirements.--The strategic plan required under
subsection (a) shall--
[(1) describe the roles, responsibilities, and
authorities of Federal, State, local, and tribal
government agencies and private-sector stakeholders
that relate to the security of the movement of
containers through the international supply chain;
[(2) identify and address gaps and unnecessary
overlaps in the roles, responsibilities, or authorities
described in paragraph (1);
[(3) identify and make recommendations regarding
legislative, regulatory, and organizational changes
necessary to improve coordination among the entities or
to enhance the security of the international supply
chain;
[(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) provide incentives for additional voluntary
measures to enhance cargo security, as recommended by
the Commissioner;
[(7) consider the impact of supply chain security
requirements on small- and medium-sized companies;
[(8) include a process for sharing intelligence and
information with private-sector stakeholders to assist
in their security efforts;
[(9) identify a framework for prudent and measured
response in the event of a transportation security
incident involving the international supply chain;
[(10) provide protocols for the expeditious
resumption of the flow of trade in accordance with
section 202;
[(11) consider the linkages between supply chain
security and security programs within other systems of
movement, including travel security and terrorism
finance programs; and
[(12) expand upon and relate to existing strategies
and plans, including the National Response Plan, the
National Maritime Transportation Security Plan, the
National Strategy for Maritime Security, and the 8
supporting plans of the Strategy, as required by
Homeland Security Presidential Directive 13.]
(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.
* * * * * * *
(g) Report.--
(1) * * *
(2) [Final] Updated report.--Not later than 3 years
after the date on which the strategic plan is submitted
under paragraph (1), the Secretary shall submit a
report to the appropriate congressional committees that
contains an update of the strategic plan.
(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.
(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.
* * * * * * *
Subtitle B--Customs-Trade Partnership Against Terrorism
* * * * * * *
SEC. 216. TIER 3 PARTICIPANTS IN C-TPAT.
(a) * * *
* * * * * * *
[(d) Deadline.--Not later than 2 years after the date of the
enactment of this Act, the Secretary, acting through the
Commissioner, shall designate appropriate criteria pursuant to
subsection (b) and provide benefits to validated Tier 3
participants pursuant to subsection (c).]
(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. 217. CONSEQUENCES FOR LACK OF COMPLIANCE.
(a) In General.--[If at any time]
(1) Failure to meet requirements.--If at any time a
C-TPAT participant's security measures and supply chain
security practices fail to meet any of the requirements
under this subtitle, the Commissioner may deny the
participant benefits otherwise available under this
subtitle, in whole or in part. The Commissioner shall
develop procedures that provide appropriate protections
to C-TPAT participants before benefits are revoked.
Such procedures may not limit the ability of the
Commissioner to take actions to protect the national
security of the United States.
(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.
* * * * * * *
SEC. 218. THIRD PARTY VALIDATIONS.
(a) * * *
* * * * * * *
(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.
* * * * * * *
ADDITIONAL VIEWS
Democratic Members of the Committee on Homeland Security
remain committed to strengthening the security of America's
ports and waterways and ensuring the Department of Homeland
Security's maritime security efforts are as effective and
efficient as practicable. To that end, Democratic Members were
pleased to author several provisions included H.R. 4251, as
reported by the Committee.
Sec. 107. Port Security Grant Funding for Mandated Security
Personnel, is based on H.R. 5803, the Port Security Boots on
the Ground Act, introduced by Representative Laura Richardson.
This section provides for the use of Port Security Grant
Program funds to pay certain overtime costs for mandated
security personnel, as is permitted under other similar
Department grant programs.
Sec. 110. Small Vessel Threat Analysis, is based on a
legislative proposal authored by Representative Loretta Sanchez
to require the Department to conduct a risk assessment of a
small vessel terrorist attack occurring in U.S. ports or
against U.S. maritime interests.
Sec. 114. Northern Border Unmanned Aerial Vehicle Pilot
Project, is based on a legislative proposal authored by
Representative Hansen Clarke to authorize the Department to
establish a pilot project to facilitate the safe integration of
medium-sized UAVs into the National airspace along the northern
border.
Sec. 116. Use of Port Security Grant Funds for Replacement
of Security Equipment or Facilities, is based on H.R. 5802, the
Port Security Equipment Improvement Act of 2012, introduced by
Representative Laura Richardson. This section provides for the
use of Port Security Grant Program funds for the replacement of
old equipment or facilities.
Sec. 206. Expiration of Certain Transportation Worker
Identification Credentials, is based on H.R. 1105, the
Transitioning With an Improved Credential (TWIC) Program Act,
introduced by Ranking Member Bennie G. Thompson. This section
exempts current TWIC holders from the requirement to renew
their credentials until the Department issues a final rule
regarding electronic TWIC readers or June 30, 2014, whichever
is earlier.
Sec. 207. Securing the Transportation Worker Identification
Credential Against Use by Unauthorized Aliens, is based on a
legislative proposal authored by Representative Loretta
Sanchez. A May 2011 Government Accountability Office report
entitled ``Transportation Worker Identification Credential:
Internal Control Weaknesses Need to Be Corrected to Help
Achieve Security Objectives (GA0-11-657)'' identified
weaknesses in the TWIC application process that could allow
aliens not authorized to work in the U.S. to obtain a TWIC.
This section addresses those deficiencies by directing the
Secretary to modify the TWIC enrollment and distribution
process to help ensure that only those authorized to work in
the U.S. are able to obtain and use a TWIC.
Bennie G. Thompson,
Ranking Member.