H.R. 4251 (112th): Securing Maritime Activities through Risk-based Targeting for Port Security Act

Introduced:
Mar 22, 2012 (112th Congress, 2011–2013)
Sponsor:
Rep. Candice Miller [R-MI10]
Status:
Died (Passed House)

The bill’s title was written by the bill’s sponsor. H.R. stands for House of Representatives bill.

(About Ads | Go Ad-Free for $5)
Status

This bill was introduced in a previous session of Congress and was passed by the House on June 28, 2012 but was never passed by the Senate.

Progress
Introduced Mar 22, 2012
Referred to Committee Mar 22, 2012
Reported by Committee Jun 06, 2012
Passed House Jun 28, 2012
Votes

House Vote on Passage
Jun 28, 2012 2:15 p.m.
Passed 402/21

Cosponsors
10 cosponsors (7D, 3R) (show)
Committees

House Homeland Security

Senate Commerce, Science, and Transportation

The committee chair determines whether a bill will move past the committee stage.

Full Title

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.

Summary

No summaries available.

Text

Read Bill Text »

Last updated Jun 29, 2012.
40 pages

Primary Source

View on THOMAS (The Library of Congress)

GovTrack gets most information from THOMAS, which is updated generally one day after events occur. Activity since the last update may not be reflected here.

Citation

Click a format for a citation suggestion:

GovTrack’s Bill Summary

We don’t have a summary available yet.

Library of Congress Summary

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.

6/28/2012--Passed House amended. 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
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 116 -
Includes replacement costs of security equipment or facilities among eligible costs for funding under port security grants.
Title II - Maritime Supply Chain Security
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.

House Republican Conference Summary

The summary below was written by the House Republican Conference, which is the caucus of Republicans in the House of Representatives.

This summary can be found at http://www.gop.gov/bill/112/2/hr4251.

Background

According to H. Rept. 112-521 from the Committee on Homeland Security, “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 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.”

Summary

H.R. 4251 would authorize, enhance, and reform certain port security programs through increased efficiency and risk-based coordination within the Department of Homeland Security.

 

TITLE I--DEPARTMENT OF HOMELAND SECURITY PORT SECURITY PROGRAMS.

 

Sec. 101. Updates of Maritime Operations Coordination Plan.

This section would require the Department of Homeland Security to update the Department's Maritime Operations Coordination Plan (MOC-P), which was first released in July 2011.  This section would require the updated versions of the MOC-P be provided to Congress by July 1, 2014, and again on July 1, 2019.

 

Sec. 102. U.S. Customs and Border Protection Office of Air and Marine Asset Deployment.

This section would require 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.

 

Sec. 103. Cost-Benefit Analysis of Co-locating Operational Entities.

This section would require 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.

 

Sec. 104. Study of Maritime Security Redundancies.

This section would require 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.

 

Sec. 105. Acquisition and Strategic Sourcing of Marine and Aviation Assets.

This section would require 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.  To achieve this, the Secretary would be required to establish a coordinating mechanism for aviation and maritime issues.

 

Sec. 106. Port Security Grant Program Management.

This section would set timelines for the responses the Department and the Federal Emergency Management Agency (FEMA) must provide in regards to Port Security Grant applications. This section would require 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 would allow the use of Port Security Grant Program funds to pay limited overtime and backfill costs.

 

Sec. 108. Interagency Operational Centers of Port Security.

This section would require 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). 

 

Sec. 109. Report on DHS Aviation Assets.

This section would require 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.

 

Sec. 110. Small Vessel Threat Analysis.

This section would 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. 111. U.S. Customs and Border Protection Workforce Plan.

This section would require 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.

 

Sec. 112. Integrated Cross-Border Maritime Operations Between the United States and Canada.

This section would provide Congressional authorization for the U.S. Coast Guard and the Royal Canadian Mounted Police maritime “Shiprider” program. The authorization would include funding of $2 million per year, which is the current level of funding for the program.

 

Sec. 113. Training and Certification of Training for Port Security.

This section would expand upon a provision from the Coast Guard Authorization Act of 2010 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 would allow PSGP grants to be used for other types of maritime security training and certification, and would ensure that training programs will be developed in consultation with the Federal Law Enforcement Training Center (FLETC).

 

Sec. 114. Northern Border Unmanned Aerial Vehicle Pilot Project.

This section would authorize 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, and would ensure that UAVs are properly tested for integration into the National Airspace as required by the FAA Authorization Act, 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.

 

Sec. 116. Use of Port Security Grant Funds for Replacement of Security Equipment or Facilities.

This section would allow 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 would require 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.

 

Sec. 202. Customs-Trade Partnership Against Terrorism.

This section would authorize 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 would allow 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 would authorize 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.

 

Sec. 204. Pilot Program for Inclusion of Non-Asset Based Third-Party Logistics Providers in the Customs-Trade Partnership Against Terrorism.

This section would require 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)

 

Sec. 205. Transportation Worker Identification Credential Process Reform.

This section would direct the Secretary to reform the process for the enrollment, activation, issuance and renewal of the Transportation Worker Identification Credential (TWIC) program.  Specifically, this section would allow 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.

 

Sec. 206. Expiration of Certain Transportation Worker Identification Credentials.

This section would exempt 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.

This section would prevent 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 would be required to 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.

 

Sec. 208. Report on Federal Transportation Security Credentialing Programs.

This section would require 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.

Cost

According to Congressional Budget Office (CBO), the bill would cost $9 million over the next five years, assuming appropriation of the necessary amounts. Changes to the Transportation Worker Identification Credentials 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.

 

House Democratic Caucus Summary

The House Democratic Caucus does not provide summaries of bills.

So, yes, we display the House Republican Conference’s summaries when available even if we do not have a Democratic summary available. That’s because we feel it is better to give you as much information as possible, even if we cannot provide every viewpoint.

We’ll be looking for a source of summaries from the other side in the meanwhile.

The bill contains the following citations to other parts of U.S. law:

United States Code

The United States Code is the compilation of permanent laws enacted by Congress. Temporary and other non-permanent laws do not appear in the United States Code. (About half of the United States Code is the law itself, called positive law. The other half is merely a compilation of the laws but has no legal significance.)