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

112th Congress, 2011–2013. Text as of Jun 29, 2012 (Referred to Senate Committee).

Status & Summary | PDF | Source: GPO

IIB

112th CONGRESS

2d Session

H. R. 4251

IN THE SENATE OF THE UNITED STATES

June 29, 2012

Received; read twice and referred to the Committee on Commerce, Science, and Transportation

AN ACT

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.

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.

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.

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.

I

Department of Homeland Security port security programs

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.

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.

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.

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.

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.

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.

.

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..

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.

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.

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.

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.

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:

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.

.

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:

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:

70124.

Regulations

.

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.

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.

.

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.

II

Maritime supply chain security

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.

.

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.

.

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.

.

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.

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.

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.

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.

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.

Passed the House of Representatives June 28, 2012.

Karen L. Haas,

Clerk