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112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     112-499

======================================================================



 
                   GAUGING AMERICAN PORT SECURITY ACT

                                _______
                                

  May 30, 2012.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

    Mr. King of New York, from the Committee on Homeland Security, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 4005]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security, to whom was referred 
the bill (H.R. 4005) to direct the Secretary of Homeland 
Security to conduct a study and report to Congress on gaps in 
port security in the United States and a plan to address them, 
having considered the same, report favorably thereon with an 
amendment and recommend that the bill as amended do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     2
Background and Need for Legislation..............................     2
Hearings.........................................................     2
Committee Consideration..........................................     2
Committee Votes..................................................     3
Committee Oversight Findings.....................................     3
New Budget Authority, Entitlement Authority, and Tax Expenditures     3
Congressional Budget Office Estimate.............................     3
Statement of General Performance Goals and Objectives............     4
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     4
Federal Mandates Statement.......................................     4
Preemption Clarification.........................................     4
Advisory Committee Statement.....................................     4
Applicability to Legislative Branch..............................     4
Section-by-Section Analysis of the Legislation...................     4
Changes in Existing Law Made by the Bill, as Reported............     5

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Gauging American Port Security Act'' 
or the ``GAPS Act''.

SEC. 2. STUDY, REPORT, AND PLAN TO ADDRESS GAPS IN PORT SECURITY.

  (a) In General.--Not later than 1 year after the date of enactment of 
this Act the Secretary of Homeland Security shall--
          (1) conduct a study of, and submit to the Congress a report 
        on, remaining gaps in port security in the United States; and
          (2) include in such report a prioritization of such gaps and 
        a plan for addressing them.
  (b) Form.--The report required under subsection (a) shall be 
submitted in classified form but shall contain an unclassified annex.

SEC. 3. INFORMATION SHARING.

  The Secretary of Homeland Security shall, in accordance with rules 
for the handling of classified information, share, as appropriate, with 
designated points of contact from Federal agencies and State, local, or 
tribal governments, and port system owners and operators, relevant 
information regarding remaining gaps in port security of the United 
States, prioritization of such gaps, and a plan for addressing such 
gaps. In the event that a designated point of contact does not have the 
necessary security clearance to receive such information, the Secretary 
shall help expedite the clearance process, as appropriate.

                          PURPOSE AND SUMMARY

    The purpose of H.R. 4005 is to direct the Secretary of 
Homeland Security to conduct a study and report to Congress on 
gaps in port security in the United States and a plan to 
address them.

                  BACKGROUND AND NEED FOR LEGISLATION

    More than 11 million cargo containers arrive in America's 
ports every year. These ports are responsible for moving 
imports and exports throughout the Nation on a daily basis, 
there are cargo ships coming to United States' shores from 
ports all over the world.
    This bill asks that the Secretary of Homeland Security 
examine existing port security legislation. The Secretary is to 
determine if the current legislation is sufficient in 
protecting America's shores in the most efficient, cost 
effective, and preventative manner possible or if there are in 
fact gaps in the security of U.S. ports.

                                HEARINGS

    No hearings were held on H.R. 4005.

                        COMMITTEE CONSIDERATION

    The Committee met on May 9, 2012, to consider H.R. 4005, 
and ordered the measure to be reported to the House with a 
favorable recommendation, amended, by voice vote. The Committee 
took the following actions:
    The Committee adopted H.R. 4005, as amended, by unanimous 
consent.

    The following amendments were offered:

      LAn Amendment in the Nature of a Substitute offered by 
Ms. Hahn (#1); was AGREED TO by unanimous consent.

      LAn Amendment by Ms. Sanchez to the Amendment in the 
Nature of a Substitute (#1A); was AGREED TO by unanimous 
consent.

  At the end of the bill add a new section entitled ``Sec. 3. 
Information Sharing.''

                            COMMITTEE VOTES

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list the recorded 
votes on the motion to report legislation and amendments 
thereto.
    No recorded votes were requested during consideration of 
H.R. 4005.

                      COMMITTEE OVERSIGHT FINDINGS

    Pursuant to clause 3(c)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee has held oversight 
hearings and made findings that are reflected in this report.

   NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX EXPENDITURES

    In compliance with clause 3(c)(2) of rule XIII of the Rules 
of the House of Representatives, the Committee finds that H.R. 
4005, the ``Gauging American Port Security Act'', would result 
in no new or increased budget authority, entitlement authority, 
or tax expenditures or revenues.

                  CONGRESSIONAL BUDGET OFFICE ESTIMATE

    The Committee adopts as its own the cost estimate prepared 
by the Director of the Congressional Budget Office pursuant to 
section 402 of the Congressional Budget Act of 1974.

                                                      May 17, 2012.
Hon. Peter T. King,
Chairman, Committee on Homeland Security,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 4005, the Gauging 
American Port Security Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Mark 
Grabowicz.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

H.R. 4005--Gauging American Port Security Act

    CBO estimates that implementing H.R. 4005 would cost about 
$1 million in fiscal year 2013, from appropriated funds. 
Enacting the legislation would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply.
    H.R. 4005 would require the Department of Homeland Security 
(DHS) to conduct a study on gaps in security at U.S. ports. The 
study would be submitted to the Congress in classified form and 
contain an unclassified annex. In addition, the bill would 
direct DHS to share the results of the study, as appropriate, 
with federal agencies, state, local, and tribal governments, 
and port system owners and operators. Based on the cost of 
similar activities, CBO estimates that implementing H.R. 4005 
would cost about $1 million in fiscal year 2013, assuming 
availability of appropriated funds.
    H.R. 4005 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect the budgets of state, local, or tribal 
governments.
    The CBO staff contact for this estimate is Mark Grabowicz. 
The estimate was approved by Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

         STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

    Pursuant to clause 3(c)(4) of rule XIII of the Rules of the 
House of Representatives, H.R. 4005 contains the following 
general performance goals, and objectives, including outcome 
related goals and objectives authorized.
    The performance goal and objective of H.R. 4005 is to 
require the Secretary of Homeland Security to conduct a study 
on the remaining gaps in port security legislation.

   CONGRESSIONAL EARMARKS, LIMITED TAX BENEFITS, AND LIMITED TARIFF 
                                BENEFITS

    In compliance with rule XXI of the Rules of the House of 
Representatives, this bill, as reported, contains no 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of the rule 
XXI.

                       FEDERAL MANDATES STATEMENT

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

                        PREEMPTION CLARIFICATION

    In compliance with section 423 of the Congressional Budget 
Act of 1974, requiring the report of any Committee on a bill or 
joint resolution to include a statement on the extent to which 
the bill or joint resolution is intended to preempt State, 
local, or Tribal law, the Committee finds that H.R. 4005 does 
not preempt any State, local, or Tribal law.

                      ADVISORY COMMITTEE STATEMENT

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                  APPLICABILITY TO LEGISLATIVE BRANCH

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

             SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

Section 1. Short title

    This section provides that bill may be cited as the 
``Gauging American Port Security Act'' or the ``GAPS Act.''

Section 2. Study, report, and plan to address gaps in port security

    This section mandates that not later than 1 year after 
enactment of this Act, the Secretary of Homeland Security must 
conduct a study of the remaining gaps in port security in the 
United States and submit a classified report to Congress 
prioritizing these gaps and a plan to address them.

         CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    H.R. 4005 does not make any changes to existing law.