Securing Maritime Activities through Risk-based Targeting for Port Security Act or the SMART Port Security Act - Title I: Department of Homeland Security Port Security Programs - (Sec. 101) Directs the Secretary of Homeland Security (DHS): (1) by July 1, 2014, to submit a plan for the coordination and cooperation of maritime operations undertaken by DHS agencies that updates the plan released by DHS in July 2011; and (2) by July 1, 2019, acting through DHS's Office of Operations Coordination and Planning, to submit an additional update to such plan.
(Sec. 102) Requires any new asset deployment by the U.S. Customs and Border Protection's (CBP's) Office of Air and Marine to occur in accordance with a risk-based assessment that considers mission needs, performance results, threats, costs, and other specified factors.
(Sec. 103) Directs the Secretary to conduct a cost-benefit analysis to consider potential savings derived from co-locating aviation and maritime operational assets of Office locations that are within 25 miles of locations where any other DHS agency also operates such assets.
(Sec. 104) Directs the Comptroller General to: (1) review port security and maritime law enforcement operations within DHS to identify initiatives and programs with duplicative, overlapping, or redundant goals and activities and recommend actions to reduce unnecessary duplication; and (2) submit a report that analyzes and compares the costs, capabilities, and missions of different aviation assets utilized by DHS to assess the relative costs and any benefits of unmanned aerial vehicles compared to manned aviation assets.
(Sec. 105) Directs the Secretary to: (1) coordinate across DHS agencies before initiating the acquisition of any new boat or aviation asset; (2) establish a coordinating mechanism for aviation and maritime issues in order to decrease procurement and operational costs and increase efficiencies; (3) approve or disapprove a complete application under the Port Security Grant Program within 60 days of submission; (4) submit an assessment of interagency operational centers for port security, the deployment of interoperable communications equipment to such centers, and center mission execution and support activities; (5) submit a report analyzing the threat of, vulnerability to, and consequence of a terrorist act using a small vessel to attack U.S. vessels, ports, or maritime interests; and (6) submit a plan for optimizing CBP staffing levels.
(Sec. 112) Amends the Homeland Security Act of 2002 to authorize the Secretary to establish an Integrated Cross-Border Maritime Operations Program to coordinate maritime security operations between the United States and Canada. Directs the Commandant of the Coast Guard to administer the Program in a manner that results in a cooperative approach between the United States and Canada to strengthen border security and to detect, prevent, suppress, investigate, and respond to terrorism and violations of law related to border security. Authorizes the Commandant to: (1) establish, as an element of the Program, a training program to create designated maritime law enforcement officers; and (2) conduct training jointly with Canada, including training on the detection and apprehension of suspected terrorists and individuals attempting to unlawfully cross the U.S.-Canada border and on the integration, analysis, and dissemination of port security information between the United States and Canada. Authorizes appropriations for FY2013-FY2014.
(Sec. 113) Authorizes the use of port security grant funds to cover the cost of certifying a law enforcement officer employed to enforce security zones for the transportation of especially hazardous cargo.
Directs the Commandant to establish standards for training, qualification, and certification of a law enforcement officer employed by a law enforcement agency to conduct or execute maritime security, maritime law enforcement, and maritime surge capacity activities pursuant to a cooperative enforcement agreement.
Authorizes the Commandant to: (1) issue a certificate to a law enforcement officer who has successfully completed training that the Commandant developed; and (2) make such training available a to officers of a law enforcement agency if a Coast Guard member is unable or unavailable to undertake tactical training previously approved, no other Coast Guard member is reasonable available to undertake such training, such inability or unavailability creates capacity within the training program, and making such training available to such law enforcement officers would contribute to achievement of the purposes of providing such training.
(Sec. 114) Directs the Secretary to: (1) 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; and (2) 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) Authorizes the Secretary to: (1) treat a foreign port security assessment conducted by a foreign government or international organization as an assessment by the Secretary if the Secretary certifies that it was conducted in accordance with existing security effectiveness requirements; and (2) enter into an agreement or arrangement under which a foreign government or international organization may conduct a required assessment of the antiterrorism measures at a foreign port on behalf of the Secretary, or share with the Secretary information pertaining to such assessments, or under which the Secretary may conduct such an assessment on behalf of such government or organization, or share with such government or organization information pertaining to such assessments.
(Sec. 116) Includes replacement costs of security equipment or facilities among eligible costs for funding under port security grants.
Title II: Maritime Supply Chain Security - (Sec. 201) Amends the SAFE Port Act to: (1) revise requirements for the strategic plan to enhance the security of the international supply chain, including to add requirements to identify redundancies or overlaps in federal transportation security credentialing programs and to make recommendations for facilitating the efficient flow of legitimate commerce; and (2) require the Secretary to submit an additional update to, and an implementation plan for, such strategic plan and to consider current threats to the global supply chain.
(Sec. 202) Authorizes the CBP Commissioner to conduct an unannounced inspection of a Customs-Trade Partnership Against Terrorism (C-TPAT) participant's security measures and practices upon determining, based on previously identified deficiencies, that there is a likelihood that such an inspection would assist in confirming the security measures in place and further the validation process.
Directs the Secretary to promote information sharing among DHS and C-TPAT participants and other private entities regarding: (1) potential vulnerabilities, attacks, and exploitations of the international supply chain; and (2) means and methods of preventing, responding to, and mitigating consequences from such vulnerabilities, attacks, and exploitations.
(Sec. 203) Directs the Secretary, before negotiating or signing any arrangement between the United States and a foreign government providing for mutual recognition of supply chain security practices, to determine and notify Congress that the foreign government's program provides comparable security to that provided by C-TPAT.
(Sec. 204) Requires the Secretary to develop a pilot program to determine whether allowing non-asset based third party logistics providers that arrange international transportation of freight to participate in C-TPAT would enhance port security, combat terrorism, prevent supply chain security breaches, or meet C-TPAT goals. Requires: (1) participation by such providers to be voluntary, (2) the Secretary to ensure that not fewer than five such providers take part in the pilot program, (3) the pilot program to be conducted for at least a year, and (4) the Secretary to report on the findings and any recommendations concerning the participation of such providers in C-TPAT to combat terrorism and prevent supply chain security breaches.
(Sec. 205) Expresses the sense of Congress that it is urgent that the Transportation Worker Identification Credential (TWIC) application process be reformed by not later than the end of 2012. Directs the Secretary to reform the process for the enrollment, activation, issuance, and renewal of a TWIC to require not more than one in-person visit to a designated enrollment center, except under extenuating circumstances.
(Sec. 206) Provides that a valid TWIC that was issued before the date of this Act's enactment shall not expire before the earlier of: (1) the deadline for full implementation of a final rule for electronic readers designed to work with TWICs as an access control and security measure, or (2) June 30, 2014.
(Sec. 207) Directs the Secretary to establish a process to ensure that an individual who is not lawfully present in the United States cannot obtain or continue to use a TWIC.
(Sec. 208) Directs the Secretary to submit to the appropriate congressional committees a report that identifies unnecessary redundancies or overlaps in federal transportation security credentialing programs and recommendations to reduce or eliminate such redundancies or overlaps.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4251 Introduced in House (IH)]
112th CONGRESS
2d Session
H. R. 4251
To authorize, enhance, and reform certain port security programs
through increased efficiency and risk-based coordination within the
Department of Homeland Security, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 22, 2012
Mrs. Miller of Michigan (for herself, Mr. King of New York, Mr.
Cuellar, Mr. McCaul, and Mr. Clarke of Michigan) introduced the
following bill; which was referred to the Committee on Homeland
Security
_______________________________________________________________________
A BILL
To authorize, enhance, and reform certain port security programs
through increased efficiency and risk-based coordination within the
Department of Homeland Security, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Securing Maritime Activities through
Risk-based Targeting for Port Security Act'' or the ``SMART Port
Security Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is the following:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.
TITLE I--DEPARTMENT OF HOMELAND SECURITY PORT SECURITY PROGRAMS
Sec. 101. Updates of maritime operations coordination plan.
Sec. 102. U.S. Customs and Border Protection Office of Air and Marine
Asset Deployment.
Sec. 103. Cost-benefit analysis of co-locating operational entities.
Sec. 104. Study of maritime security redundancies.
Sec. 105. Acquisition and strategic sourcing of marine and aviation
assets.
Sec. 106. Port security grant program management.
Sec. 107. Interagency operational centers for port security.
Sec. 108. Report on DHS aviation assets.
Sec. 109. Small vessel threat analysis.
Sec. 110. U.S. Customs and Border Protection workforce plan.
TITLE II--MARITIME SUPPLY CHAIN SECURITY
Sec. 201. Strategic plan to enhance the security of the international
supply chain.
Sec. 202. Customs-Trade Partnership Against Terrorism.
Sec. 203. Recognition of other countries' trusted shipper programs.
Sec. 204. Pilot program for inclusion of non-asset based third party
logisitics providers in the Customs-Trade
Partnership Against Terrorism.
Sec. 205. Transportation Worker Identification Credential process
reform.
Sec. 206. Issuance of final rule relating to Transportation Worker
Identification Credential reader
requirements.
Sec. 207. Securing the Transportation Worker Identification Credential
against use by unauthorized aliens.
SEC. 3. DEFINITIONS.
In this Act:
(1) Appropriate congressional 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, acting
through the Department's Office of Operations Coordination and
Planning, 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 savings 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 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 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 (other than a
project specified in paragraph (1)), the Secretary
shall either approve or disapprove the application.''.
(c) Administration of Extensions.--Section 70107(i) of title 46,
United States Code, is amended by inserting after paragraph (4) the
following:
``(5) 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 a grant
extension, the Secretary shall either approve or disapprove the
application.''.
SEC. 107. 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 and 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. 108. 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. 109. 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. 110. 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) Methodology.--In preparing the staffing plan required under
subsection (a), the Secretary shall include an evaluation that compares
a risk-based allocation of staffing at and between the ports of entry
against a random sampling model.
(c) Consideration of Prior Staffing Resources.--The staffing plan
shall consider previous staffing models prepared by the Department and
assessments of threat and vulnerabilities.
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 and make recommendations regarding further
legislative, 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 header, 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 significant 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 between and among the Department and Tier 2 and 3
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 entering into negotiations, and again 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
LOGISITICS 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. ISSUANCE OF FINAL RULE RELATING TO TRANSPORTATION WORKER
IDENTIFICATION CREDENTIAL READER REQUIREMENTS.
(a) Deadline.--The Secretary shall issue the final rule for
installation of electronic readers to verify Transportation Worker
Identification Credentials as an access control and security measure
issued pursuant to the advanced notice of proposed rulemaking published
on March 27, 2009 (74 Fed. Reg. 58).
(b) Stay of Expirations.--If the final rule required under
subsection (a) is not issued by December 31, 2014, no expiration shall
take affect for any Transportation Worker Identification Credential due
to expire after December 31, 2014, until the date on which the final
rule required under subsection (a) is issued.
(c) Revocation of 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 of such Credential
is not qualified to hold such Credential; or
(2) if such 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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Homeland Security.
Subcommittee Consideration and Mark-up Session Held.
Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote .
Referred to the Subcommittee on Border and Maritime Security.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by Voice Vote.
Reported (Amended) by the Committee on Homeland Security. H. Rept. 112-521.
Reported (Amended) by the Committee on Homeland Security. H. Rept. 112-521.
Placed on the Union Calendar, Calendar No. 369.
Mr. King (NY) moved to suspend the rules and pass the bill, as amended.
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Considered under suspension of the rules. (consideration: CR H4003-4009)
DEBATE - The House proceeded with forty minutes of debate on H.R. 4251.
At the conclusion of debate, the chair put the question on the motion to suspend the rules. Mr. Thompson (MS) objected to the vote on the grounds that a quorum was not present. Further proceedings on the motion were postponed. The point of no quorum was withdrawn.
Considered as unfinished business. (consideration: CR H4175-4176)
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 402 - 21 (Roll no. 438).(text: CR 6/26/2012 H4003-4007)
Roll Call #438 (House)On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 402 - 21 (Roll no. 438). (text: CR 6/26/2012 H4003-4007)
Roll Call #438 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on Commerce, Science, and Transportation.