[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3586 Engrossed in House (EH)]

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114th CONGRESS
  2d Session
                                H. R. 3586

_______________________________________________________________________

                                 AN ACT


 
   To amend the Homeland Security Act of 2002 to improve border and 
maritime security coordination in 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Border and 
Maritime Coordination Improvement Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; Table of contents.
Sec. 2. U.S. Customs and Border Protection coordination.
Sec. 3. Border and maritime security efficiencies.
Sec. 4. Public-private partnerships.
Sec. 5. Establishment of the Office of Biometric Identity Management.
Sec. 6. Cost-benefit analysis of co-locating operational entities.
Sec. 7. Strategic personnel plan for U.S. Customs and Border Protection 
                            personnel deployed abroad.
Sec. 8. Threat assessment for United States-bound international mail.
Sec. 9. Evaluation of Coast Guard Deployable Specialized Forces.
Sec. 10. Customs-Trade Partnership Against Terrorism improvement.
Sec. 11. Strategic plan to enhance the security of the international 
                            supply chain.
Sec. 12. Container Security Initiative.
Sec. 13. Transportation Worker Identification Credential waiver and 
                            appeals process.
Sec. 14. Repeals.

SEC. 2. U.S. CUSTOMS AND BORDER PROTECTION COORDINATION.

    (a) In General.--Subtitle B of title IV of the Homeland Security 
Act of 2002 (6 U.S.C. 211 et seq.) is amended by adding at the end the 
following new section:

``SEC. 420. IMMIGRATION COOPERATION PROGRAM.

    ``(a) In General.--There is established within U.S. Customs and 
Border Protection a program to be known as the Immigration Cooperation 
Program. Under the Program, U.S. Customs and Border Protection 
officers, pursuant to an arrangement with the government of a foreign 
country, may cooperate with authorities of that government, air 
carriers, and security employees at airports located in that country, 
to identify persons who may be inadmissible to the United States or 
otherwise pose a risk to border security.
    ``(b) Activities.--In carrying out the program, U.S. Customs and 
Border Protection officers posted in a foreign country under subsection 
(a) may--
            ``(1) be stationed at airports in that country, including 
        for purposes of conducting risk assessments and enhancing 
        border security;
            ``(2) assist authorities of that government, air carriers, 
        and security employees with document examination and traveler 
        security assessments;
            ``(3) provide relevant training to air carriers, their 
        security staff, and such authorities;
            ``(4) exchange information with, and provide technical 
        assistance, equipment, and training to, such authorities to 
        facilitate risk assessments of travelers and appropriate 
        enforcement activities related to such assessments;
            ``(5) make recommendations to air carriers to deny boarding 
        to potentially inadmissable travelers bound for the United 
        States; and
            ``(6) conduct other activities, as appropriate, to protect 
        the international borders of the United States and facilitate 
        the enforcement of United States laws, as directed by the 
        Commissioner of U.S. Customs and Border Protection.

``SEC. 420A. AIR CARGO ADVANCE SCREENING.

    ``The Commissioner of U.S. Customs and Border Protection shall--
            ``(1) consistent with the requirements enacted by the Trade 
        Act of 2002 (Public Law 107-210)--
                    ``(A) establish a program for the collection by 
                U.S. Customs and Border Protection of advance 
                electronic information from air carriers and other 
                persons and governments within the supply chain 
                regarding cargo being transported to the United States 
                by air; and
                    ``(B) under such program, require that such 
                information be transmitted by such persons and 
                governments at the earliest point practicable prior to 
                loading of such cargo onto an aircraft destined to or 
                transiting through the United States; and
            ``(2) coordinate with the Administrator for the 
        Transportation Security Administration to identify 
        opportunities where the information furnished in compliance 
        with the program established under this section can be used to 
        meet the requirements of a program administered by the 
        Administrator of the Transportation Security Administration.

``SEC. 420B. U.S. CUSTOMS AND BORDER PROTECTION OFFICE OF AIR AND 
              MARINE OPERATIONS ASSET DEPLOYMENT.

    ``(a) In General.--Any deployment of new assets by U.S. Customs and 
Border Protection's Office of Air and Marine Operations following the 
date of the enactment of this section, shall, to the greatest extent 
practicable, occur in accordance with a risk-based assessment that 
considers mission needs, validated requirements, performance results, 
threats, costs, and any other relevant factors identified by the 
Commissioner of U.S. Customs and Border Protection. 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 requirements, in 
        accordance with paragraph (1).
            ``(3) Risk analysis showing positioning of the asset at 
        issue to respond to intelligence on emerging terrorist or 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 under section 707, 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 by U.S. Customs and 
Border Protection's Office of Air and Marine Operations and submit to 
the Committee on Homeland Security of the House of Representatives and 
the Committee on Homeland Security and Governmental Affairs of the 
Senate a report on the compliance of the Department with the 
requirements of this section.
    ``(d) Marine Interdiction Stations.--Not later than 180 days after 
the date of the enactment of this section, the Commissioner of U.S. 
Customs and Border Protection shall submit to the Committee on Homeland 
Security of the House of Representatives and the Committee on Homeland 
Security and Governmental Affairs of the Senate an identification of 
facilities owned by the Federal Government in strategic locations along 
the maritime border of California that may be suitable for establishing 
additional Office of Air and Marine Operations marine interdiction 
stations.

``SEC. 420C. INTEGRATED BORDER ENFORCEMENT TEAMS.

    ``(a) Establishment.--The Secretary shall establish within the 
Department a program to be known as the Integrated Border Enforcement 
Team program (referred to in this section as `IBET').
    ``(b) Purpose.--The Secretary shall administer the IBET program in 
a manner that results in a cooperative approach between the United 
States and Canada to--
            ``(1) strengthen security between designated ports of 
        entry;
            ``(2) detect, prevent, investigate, and respond to 
        terrorism and violations of law related to border security;
            ``(3) facilitate collaboration among components and offices 
        within the Department and international partners;
            ``(4) execute coordinated activities in furtherance of 
        border security and homeland security; and
            ``(5) enhance information-sharing, including the 
        dissemination of homeland security information among such 
        components and offices.
    ``(c) Composition and Location of IBETs.--
            ``(1) Composition.--IBETs shall be led by the United States 
        Border Patrol and may be comprised of personnel from the 
        following:
                    ``(A) Other subcomponents of U.S. Customs and 
                Border Protection.
                    ``(B) U.S. Immigration and Customs Enforcement, led 
                by Homeland Security Investigations.
                    ``(C) The Coast Guard, for the purpose of securing 
                the maritime borders of the United States.
                    ``(D) Other Department personnel, as appropriate.
                    ``(E) Other Federal departments and agencies, as 
                appropriate.
                    ``(F) Appropriate State law enforcement agencies.
                    ``(G) Foreign law enforcement partners.
                    ``(H) Local law enforcement agencies from affected 
                border cities and communities.
                    ``(I) Appropriate tribal law enforcement agencies.
            ``(2) Location.--The Secretary is authorized to establish 
        IBETs in regions in which such teams can contribute to IBET 
        missions, as appropriate. When establishing an IBET, the 
        Secretary shall consider the following:
                    ``(A) Whether the region in which the IBET would be 
                established is significantly impacted by cross-border 
                threats.
                    ``(B) The availability of Federal, State, local, 
                tribal, and foreign law enforcement resources to 
                participate in an IBET.
                    ``(C) Whether, in accordance with paragraph (3), 
                other joint cross-border initiatives already take place 
                within the region in which the IBET would be 
                established, including other Department cross-border 
                programs such as the Integrated Cross-Border Maritime 
                Law Enforcement Operation Program established under 
                section 711 of the Coast Guard and Maritime 
                Transportation Act of 2012 (46 U.S.C. 70101 note) or 
                the Border Enforcement Security Task Force established 
                under section 432.
            ``(3) Duplication of efforts.--In determining whether to 
        establish a new IBET or to expand an existing IBET in a given 
        region, the Secretary shall ensure that the IBET under 
        consideration does not duplicate the efforts of other existing 
        interagency task forces or centers within such region, 
        including the Integrated Cross-Border Maritime Law Enforcement 
        Operation Program established under section 711 of the Coast 
        Guard and Maritime Transportation Act of 2012 (46 U.S.C. 70101 
        note) or the Border Enforcement Security Task Force established 
        under section 432.
    ``(d) Operation.--
            ``(1) In general.--After determining the regions in which 
        to establish IBETs, the Secretary may--
                    ``(A) direct the assignment of Federal personnel to 
                such IBETs; and
                    ``(B) take other actions to assist Federal, State, 
                local, and tribal entities to participate in such 
                IBETs, including providing financial assistance, as 
                appropriate, for operational, administrative, and 
                technological costs associated with such participation.
            ``(2) Limitation.--Coast Guard personnel assigned under 
        paragraph (1) may be assigned only for the purposes of securing 
        the maritime borders of the United States, in accordance with 
        subsection (c)(1)(C).
    ``(e) Coordination.--The Secretary shall coordinate the IBET 
program with other similar border security and antiterrorism programs 
within the Department in accordance with the strategic objectives of 
the Cross-Border Law Enforcement Advisory Committee.
    ``(f) Memoranda of Understanding.--The Secretary may enter into 
memoranda of understanding with appropriate representatives of the 
entities specified in subsection (c)(1) necessary to carry out the IBET 
program.
    ``(g) Report.--Not later than 180 days after the date on which an 
IBET is established and biannually thereafter for the following six 
years, the Secretary shall submit to the appropriate congressional 
committees, including the Committee on Homeland Security of the House 
of Representatives and the Committee on Homeland Security and 
Governmental Affairs of the Senate, and in the case of Coast Guard 
personnel used to secure the maritime borders of the United States, 
additionally to the Committee on Transportation and Infrastructure of 
the House of Representatives, a report that--
            ``(1) describes the effectiveness of IBETs in fulfilling 
        the purposes specified in subsection (b);
            ``(2) assess the impact of certain challenges on the 
        sustainment of cross-border IBET operations, including 
        challenges faced by international partners;
            ``(3) addresses ways to support joint training for IBET 
        stakeholder agencies and radio interoperability to allow for 
        secure cross-border radio communications; and
            ``(4) assesses how IBETs, Border Enforcement Security Task 
        Forces, and the Integrated Cross-Border Maritime Law 
        Enforcement Operation Program can better align operations, 
        including interdiction and investigation activities.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 is amended by adding after the item 
relating to section 419 the following new item:

``Sec. 420. Immigration cooperation program.
``Sec. 420A. Air cargo advance screening.
``Sec. 420B. U.S. Customs and Border Protection Office of Air and 
                            Marine Operations asset deployment.
``Sec. 420C. Integrated Border Enforcement Teams.''.
    (c) Deadline for Air Cargo Advance Screening.--The Commissioner of 
U.S. Customs and Border Protection shall implement section 420A of the 
Homeland Security Act of 2002, as added by this section, by not later 
than one year after the date of the enactment of this Act.

SEC. 3. BORDER AND MARITIME SECURITY EFFICIENCIES.

    (a) In General.--Subtitle C of title IV of the Homeland Security 
Act of 2002 (6 U.S.C. 231 et seq.) is amended by adding at the end the 
following new sections:

``SEC. 434. BORDER SECURITY JOINT TASK FORCES.

    ``(a) Establishment.--The Secretary shall establish and operate the 
following departmental Joint Task Forces (in this section referred to 
as `Joint Task Force') to conduct joint operations using Department 
component and office personnel and capabilities to secure the land and 
maritime borders of the United States:
            ``(1) Joint task force-east.--Joint Task Force-East shall, 
        at the direction of the Secretary and in coordination with 
        Joint Task Force West, create and execute a strategic plan to 
        secure the land and maritime borders of the United States and 
        shall operate and be located in a place or region determined by 
        the Secretary.
            ``(2) Joint task force-west.--Joint Task Force-West shall, 
        at the direction of the Secretary and in coordination with 
        Joint Task Force East, create and execute a strategic plan to 
        secure the land and maritime borders of the United States and 
        shall operate and be located in a place or region determined by 
        the Secretary.
            ``(3) Joint task force-investigations.--Joint Task Force-
        Investigations shall, at the direction of the Secretary, be 
        responsible for coordinating criminal investigations supporting 
        Joint Task Force-West and Joint Task Force-East.
    ``(b) Joint Task Force Directors.--The Secretary shall appoint a 
Director to head each Joint Task Force. Each Director shall be senior 
official selected from a relevant component or office of the 
Department, rotating between relevant components and offices every two 
years. The Secretary may extend the appointment of a Director for up to 
two additional years, if the Secretary determines that such an 
extension is in the best interest of the Department.
    ``(c) Initial Appointments.--The Secretary shall make the following 
appointments to the following Joint Task Forces:
            ``(1) The initial Director of Joint Task Force-East shall 
        be a senior officer of the Coast Guard.
            ``(2) The initial Director of Joint Task Force-West shall 
        be a senior official of U.S. Customs and Border Protection.
            ``(3) The initial Director of Joint Task Force-
        Investigations shall be a senior official of U.S. Immigration 
        and Customs Enforcement.
    ``(d) Joint Task Force Deputy Directors.--The Secretary shall 
appoint a Deputy Director for each Joint Task Force. The Deputy 
Director of a Joint Task Force shall, to the greatest extent 
practicable, be an official of a different component or office than the 
Director of each Joint Task Force.
    ``(e) Responsibilities.--Each Joint Task Force Director shall--
            ``(1) identify and prioritize border and maritime security 
        threats to the homeland;
            ``(2) maintain situational awareness within their areas of 
        responsibility, as determined by the Secretary;
            ``(3) provide operational plans and requirements for 
        standard operating procedures and contingency operations;
            ``(4) plan and execute joint task force activities within 
        their areas of responsibility, as determined by the Secretary;
            ``(5) set and accomplish strategic objectives through 
        integrated operational planning and execution;
            ``(6) exercise operational direction over personnel and 
        equipment from Department components and offices allocated to 
        the respective Joint Task Force to accomplish task force 
        objectives;
            ``(7) establish operational and investigative priorities 
        within the Director's operating areas;
            ``(8) coordinate with foreign governments and other 
        Federal, State, and local agencies, where appropriate, to carry 
        out the mission of the Director's Joint Task Force;
            ``(9) identify and provide to the Secretary the joint 
        mission requirements necessary to secure the land and maritime 
        borders of the United States; and
            ``(10) carry out other duties and powers the Secretary 
        determines appropriate.
    ``(f) Personnel and Resources of Joint Task Forces.--
            ``(1) In general.--The Secretary may, upon request of the 
        Director of a Joint Task Force, allocate on a temporary basis 
        component and office personnel and equipment to the requesting 
        Joint Task Force, with appropriate consideration of risk given 
        to the other primary missions of the Department.
            ``(2) Consideration of impact.--When reviewing requests for 
        allocation of component personnel and equipment under paragraph 
        (1), the Secretary shall consider the impact of such allocation 
        on the ability of the donating component to carry out the 
        primary missions of the Department, and in the case of the 
        Coast Guard, the missions specified in section 888.
            ``(3) Limitation.--Personnel and equipment of the Coast 
        Guard allocated under this subsection may only be used to carry 
        out operations and investigations related to securing the 
        maritime borders of the United States.
    ``(g) Component Resource Authority.--As directed by the Secretary--
            ``(1) each Director of a Joint Task Force shall be provided 
        sufficient resources from relevant components and offices of 
        the Department and the authority necessary to carry out the 
        missions and responsibilities required under this section;
            ``(2) the resources referred to in paragraph (1) shall be 
        under the operational authority, direction, and control of the 
        Director of the Joint Task Force to which such resources were 
        assigned; and
            ``(3) the personnel and equipment of the Joint Task Forces 
        shall remain under the administrative direction of its primary 
        component or office.
    ``(h) Joint Task Force Staff.--Each Joint Task Force shall have a 
staff to assist the Directors in carrying out the mission and 
responsibilities of the Joint Task Forces. Such staff shall be filled 
by officials from relevant components and offices of the Department.
    ``(i) Establishment of Performance Metrics.--The Secretary shall--
            ``(1) establish performance metrics to evaluate the 
        effectiveness of the Joint Task Forces in securing the land and 
        maritime borders of the United States;
            ``(2) submit such metrics to the Committee on Homeland 
        Security of the House of Representatives and the Committee on 
        Homeland Security and Governmental Affairs of the Senate, and 
        in the case of metrics related to securing the maritime borders 
        of the United States, additionally to the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives, by the date that is not later than 120 days 
        after the date of the enactment of this section; and
            ``(3) submit to such Committees--
                    ``(A) an initial report that contains the 
                evaluation described in paragraph (1) by not later than 
                January 31, 2017; and
                    ``(B) a second report that contains such evaluation 
                by not later than January 31, 2018.
    ``(j) Joint Duty Training Program.--
            ``(1) In general.--The Secretary shall establish a 
        Department joint duty training program for the purposes of 
        enhancing departmental unity of efforts and promoting workforce 
        professional development. Such training shall be tailored to 
        improve joint operations as part of the Joint Task Forces 
        established under subsection (a).
            ``(2) Elements.--The joint duty training program 
        established under paragraph (1) shall address, at minimum, the 
        following topics:
                    ``(A) National strategy.
                    ``(B) Strategic and contingency planning.
                    ``(C) Command and control of operations under joint 
                command.
                    ``(D) International engagement.
                    ``(E) The Homeland Security Enterprise.
                    ``(F) Border security.
                    ``(G) Interagency collaboration.
                    ``(H) Leadership.
            ``(3) Officers and officials.--The joint duty training 
        program established under paragraph (1) shall consist of--
                    ``(A) one course intended for mid-level officers 
                and officials of the Department assigned to or working 
                with the Joint Task Forces, and
                    ``(B) one course intended for senior officers and 
                officials of the Department assigned to or working with 
                the Joint Task Forces,
        to ensure a systematic, progressive, and career-long 
        development of such officers and officials in coordinating and 
        executing Department-wide joint planning and operations.
            ``(4) Training required.--
                    ``(A) Directors and deputy directors.--Except as 
                provided in subparagraph (C), each Joint Task Force 
                Director and Deputy Director of a Joint Task Force 
                shall complete relevant parts of the joint duty 
                training program under this subsection prior to 
                assignment to a Joint Task Force.
                    ``(B) Joint task force staff.--All senior and mid-
                level officers and officials serving on the staff of a 
                Joint Task Force shall complete relevant parts of the 
                joint duty training program under this subsection 
                within the first year of assignment to a Joint Task 
                Force.
                    ``(C) Exception.--Subparagraph (A) does not apply 
                in the case of the initial Directors and Deputy 
                Directors of a Joint Task Force.
    ``(k) Establishing Additional Joint Task Forces.--The Secretary may 
establish additional Joint Task Forces for the purposes of--
            ``(1) coordinating operations along the northern border of 
        the United States;
            ``(2) homeland security crises, subject to subsection (l);
            ``(3) establishing other regionally-based operations; or
            ``(4) cybersecurity.
    ``(l) Limitation on Additional Joint Task Forces.--
            ``(1) In general.--The Secretary may not establish a Joint 
        Task Force for any major disaster or emergency declared under 
        the Robert T. Stafford Disaster Relief and Emergency Assistance 
        Act (42 U.S.C. 5121 et seq.) or an incident for which the 
        Federal Emergency Management Agency has primary responsibility 
        for management of the response under title V of this Act, 
        including section 504(a)(3)(A), unless the responsibilities of 
        the Joint Task Force--
                    ``(A) do not include operational functions related 
                to incident management, including coordination of 
                operations; and
                    ``(B) are consistent with the requirements of 
                sections 509(c), 503(c)(3), and 503(c)(4)(A) of this 
                Act and section 302 of the Robert T. Stafford Disaster 
                Relief and Emergency Assistance Act (42 U.S.C. 5143).
            ``(2)  Responsibilities and functions not reduced.--Nothing 
        in this section reduces the responsibilities or functions of 
        the Federal Emergency Management Agency or the Administrator of 
        the Federal Emergency Management Agency under title V of this 
        Act, provisions of law enacted by the Post-Katrina Emergency 
        Management Reform Act of 2006 (Public Law 109-295), and other 
        laws, including the diversion of any asset, function, or 
        mission from the Federal Emergency Management Agency or the 
        Administrator of the Federal Emergency Management Agency 
        pursuant to section 506.
    ``(m) Notification.--
            ``(1) In general.--The Secretary shall submit a 
        notification to the Committee on Homeland Security of the House 
        of Representatives and the Committee on Homeland Security and 
        Governmental Affairs of the Senate, and in the case of a Joint 
        Task Force in which the Coast Guard will participate or a Joint 
        Task Force established under paragraph (2) or (3) of subsection 
        (k) to the Committee on Transportation and Infrastructure of 
        the House of Representatives, 90 days prior to the 
        establishment of the Joint Task Force.
            ``(2) Waiver authority.--The Secretary may waive the 
        requirement of paragraph (1) in the event of an emergency 
        circumstance that imminently threatens the protection of human 
        life or the protection of property.
    ``(n) Review.--
            ``(1) In general.--The Inspector General of the Department 
        shall conduct a review of the Joint Task Forces established 
        under this section.
            ``(2) Contents.--The review required under paragraph (1) 
        shall include an assessment of the effectiveness of the Joint 
        Task Force structure in securing the land and maritime borders 
        of the United States, together with recommendations for 
        enhancements to such structure to further strengthen border 
        security.
            ``(3) Submission.--The Inspector General of the Department 
        shall submit to the Committee on Homeland Security and the 
        Committee on Transportation and Infrastructure of the House of 
        Representatives and the Committee on Homeland Security and 
        Governmental Affairs of the Senate a report that contains the 
        review required under paragraph (1) by not later than January 
        31, 2018.
    ``(o) Definition.--In this section, the term `situational 
awareness' means a knowledge and unified understanding of unlawful 
cross-border activity, including threats and trends concerning illicit 
trafficking and unlawful crossings, and the ability to forecast future 
shifts in such threats and trends, the ability to evaluate such threats 
and trends at a level sufficient to create actionable plans, and the 
operational capability to conduct continuous and integrated 
surveillance of the land and maritime borders of the United States.
    ``(p) Sunset.--This section expires on September 30, 2018.

``SEC. 435. UPDATES OF MARITIME OPERATIONS COORDINATION PLAN.

    ``(a) In General.--Not later than 180 days after the enactment of 
this section, the Secretary shall submit to the Committee on Homeland 
Security and the Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Homeland Security and 
Governmental Affairs of the Senate a maritime operations coordination 
plan for the coordination and cooperation of maritime operations 
undertaken by components and offices of the Department with 
responsibility for maritime security missions. 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 maritime domain awareness 
        efforts of any component or office 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, Coast Guard's Regional Coordinating Mechanisms, 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 departments 
        and 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, 2020, the 
Secretary, acting through the Department's Office of Operations 
Coordination and Planning, shall submit to the Committee on Homeland 
Security and the Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Homeland Security and 
Governmental Affairs of the Senate an update to the maritime operations 
coordination plan required under subsection (a).''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 is amended by adding after the item 
relating to section 433 the following new items:

``Sec. 434. Border Security Joint Task Forces.
``Sec. 435. Updates of maritime operations coordination plan.''.

SEC. 4. PUBLIC-PRIVATE PARTNERSHIPS.

    (a) In General.--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 new 
subtitle:

    ``Subtitle G--U.S. Customs and Border Protection Public Private 
                              Partnerships

``SEC. 481. FEE AGREEMENTS FOR CERTAIN SERVICES AT PORTS OF ENTRY.

    ``(a) In General.--Notwithstanding section 13031(e) of the 
Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 
58c(e)) and section 451 of the Tariff Act of 1930 (19 U.S.C. 1451), the 
Commissioner of U.S. Customs and Border Protection may, upon the 
request of any entity, enter into a fee agreement with such entity 
under which--
            ``(1) U.S. Customs and Border Protection shall provide 
        services described in subsection (c) at a United States port of 
        entry or any other facility at which U.S. Customs and Border 
        Protection provides or will provide such services;
            ``(2) such entity shall remit to U.S. Customs and Border 
        Protection a fee imposed under subsection (e) in an amount 
        equal to the full costs that are incurred or will be incurred 
        in providing such services; and
            ``(3) if space is provided by such entity, each facility at 
        which U.S. Customs and Border Protection services are performed 
        shall be maintained and equipped by such entity, without cost 
        to the Federal Government, in accordance with U.S. Customs and 
        Border Protection specifications.
    ``(b) Services Described.--The services described in this section 
are any activities of any employee or contractor of U.S. Customs and 
Border Protection pertaining to, or in support of, customs, 
agricultural processing, border security, or immigration inspection-
related matters at a port of entry or any other facility at which U.S. 
Customs and Border Protection provides or will provide services.
    ``(c) Limitations.--
            ``(1) Impacts of services.--The Commissioner of U.S. 
        Customs and Border Protection--
                    ``(A) may enter into fee agreements under this 
                section only for services that will increase or enhance 
                the operational capacity of U.S. Customs and Border 
                Protection based on available staffing and workload and 
                that will not shift the cost of services funded in any 
                appropriations Act, or provided from any account in the 
                Treasury of the United States derived by the collection 
                of fees, to entities under this Act; and
                    ``(B) may not enter into a fee agreement under this 
                section if such agreement would unduly and permanently 
                impact services funded in any appropriations Act, or 
                provided from any account in the Treasury of the United 
                States, derived by the collection of fees.
            ``(2) Number.--There shall be no limit to the number of fee 
        agreements that the Commissioner of U.S. Customs and Border 
        Protection may enter into under this section.
    ``(d) Fee.--
            ``(1) In general.--The amount of the fee to be charged 
        pursuant to an agreement authorized under subsection (a) shall 
        be paid by each entity requesting U.S. Customs and Border 
        Protection services, and shall be for the full cost of 
        providing such services, including the salaries and expenses of 
        employees and contractors of U.S. Customs and Border 
        Protection, to provide such services and other costs incurred 
        by U.S. Customs and Border Protection relating to such 
        services, such as temporary placement or permanent relocation 
        of such employees and contractors.
            ``(2) Timing.--The Commissioner of U.S. Customs and Border 
        Protection may require that the fee referred to in paragraph 
        (1) be paid by each entity that has entered into a fee 
        agreement under subsection (a) with U.S. Customs and Border 
        Protection in advance of the performance of U.S. Customs and 
        Border Protection services.
            ``(3) Oversight of fees.--The Commissioner of U.S. Customs 
        and Border Protection shall develop a process to oversee the 
        services for which fees are charged pursuant to an agreement 
        under subsection (a), including the following:
                    ``(A) A determination and report on the full costs 
                of providing such services, as well as a process for 
                increasing such fees, as necessary.
                    ``(B) Establishment of a periodic remittance 
                schedule to replenish appropriations, accounts, or 
                funds, as necessary.
                    ``(C) Identification of costs paid by such fees.
    ``(e) Deposit of Funds.--
            ``(1) Account.--Funds collected pursuant to any agreement 
        entered into under subsection (a) shall be deposited as 
        offsetting collections, shall remain available until expended 
        without fiscal year limitation, and shall be credited to the 
        applicable appropriation, account, or fund for the amount paid 
        out of such appropriation, account, or fund for any expenses 
        incurred or to be incurred by U.S. Customs and Border 
        Protection in providing U.S. Customs and Border Protection 
        services under any such agreement and any other costs incurred 
        or to be incurred by U.S. Customs and Border Protection 
        relating to such services.
            ``(2) Return of unused funds.--The Commissioner of U.S. 
        Customs and Border Protection shall return any unused funds 
        collected and deposited into the account described in paragraph 
        (1) in the event that a fee agreement entered into under 
        subsection (a) is terminated for any reason, or in the event 
        that the terms of such fee agreement change by mutual agreement 
        to cause a reduction of U.S. Customs and Border Protections 
        services. No interest shall be owed upon the return of any such 
        unused funds.
    ``(f) Termination.--
            ``(1) In general.--The Commissioner of U.S. Customs and 
        Border Protection shall terminate the provision of services 
        pursuant to a fee agreement entered into under subsection (a) 
        with an entity that, after receiving notice from the 
        Commissioner that a fee under subsection (d) is due, fails to 
        pay such fee in a timely manner. In the event of such 
        termination, all costs incurred by U.S. Customs and Border 
        Protection which have not been paid shall become immediately 
        due and payable. Interest on unpaid fees shall accrue based on 
        the rate and amount established under sections 6621 and 6622 of 
        the Internal Revenue Code of 1986.
            ``(2) Penalty.--Any entity that, after notice and demand 
        for payment of any fee under subsection (d), fails to pay such 
        fee in a timely manner shall be liable for a penalty or 
        liquidated damage equal to two times the amount of such fee. 
        Any such amount collected pursuant to this paragraph shall be 
        deposited into the appropriate account specified under 
        subsection (e) and shall be available as described in such 
        subsection.
    ``(g) Annual Report.--The Commissioner of U.S. Customs and Border 
Protection shall submit to the Committee on Homeland Security, the 
Committee on Appropriations, and the Committee on Ways and Means of the 
House of Representatives and the Committee on Homeland Security and 
Governmental Affairs, the Committee on Appropriations, and the 
Committee on Finance of the Senate an annual report identifying the 
activities undertaken and the agreements entered into pursuant to this 
section.
    ``(h) Rule of Construction.--Nothing in this section may be 
construed as imposing in any manner on U.S. Customs and Border 
Protection any responsibilities, duties, or authorities relating to 
real property.

``SEC. 482. PORT OF ENTRY DONATION AUTHORITY.

    ``(a) Personal Property Donation Authority.--
            ``(1) In general.--The Commissioner of U.S. Customs and 
        Border Protection, in consultation with the Administrator of 
        General Services, may enter into an agreement with any entity 
        to accept a donation of personal property, money, or 
        nonpersonal services for uses described in paragraph (3) only 
        with respect to the following locations at which U.S. Customs 
        and Border Protection performs or will be performing inspection 
        services:
                    ``(A) A new or existing sea or air port of entry.
                    ``(B) An existing Federal Government-owned land 
                port of entry.
                    ``(C) A new Federal Government-owned land port of 
                entry if--
                            ``(i) the fair market value of the donation 
                        is $50,000,000 or less; and
                            ``(ii) the fair market value, including any 
                        personal and real property donations in total, 
                        of such port of entry when completed, is 
                        $50,000,000 or less.
            ``(2) Limitation on monetary donations.--Any monetary 
        donation accepted pursuant to this subsection may not be used 
        to pay the salaries of U.S. Customs and Border Protection 
        employees performing inspection services.
            ``(3) Use.--Donations accepted pursuant to this subsection 
        may be used for activities related to a new or existing sea or 
        air port of entry or a new or existing Federal Government-owned 
        land port of entry described in paragraph (1), including 
        expenses related to--
                    ``(A) furniture, fixtures, equipment, or 
                technology, including installation or the deployment 
                thereof; and
                    ``(B) operation and maintenance of such furniture, 
                fixtures, equipment, or technology.
    ``(b) Real Property Donation Authority.--
            ``(1) In general.--Subject to paragraph (3), the 
        Commissioner of U.S. Customs and Border Protection, and the 
        Administrator of the General Services Administration, as 
        applicable, may enter into an agreement with any entity to 
        accept a donation of real property or money for uses described 
        in paragraph (2) only with respect to the following locations 
        at which U.S. Customs and Border Protection performs or will be 
        performing inspection services:
                    ``(A) A new or existing sea or air port of entry.
                    ``(B) An existing Federal Government-owned land 
                port of entry.
                    ``(C) A new Federal Government-owned land port of 
                entry if--
                            ``(i) the fair market value of the donation 
                        is $50,000,000 or less; and
                            ``(ii) the fair market value, including any 
                        personal and real property donations in total, 
                        of such port of entry when completed, is 
                        $50,000,000 or less.
            ``(2) Use.--Donations accepted pursuant to this subsection 
        may be used for activities related to construction, alteration, 
        operation, or maintenance of a new or existing sea or air port 
        of entry or a new or existing a Federal Government-owned land 
        port of entry described in paragraph (1), including expenses 
        related to--
                    ``(A) land acquisition, design, construction, 
                repair, or alteration; and
                    ``(B) operation and maintenance of such port of 
                entry facility.
            ``(3) Limitation on real property donations.--A donation of 
        real property under this subsection at an existing land port of 
        entry owned by the General Services Administration may only be 
        accepted by the Administrator of General Services.
            ``(4) Sunset.--
                    ``(A) In general.--The authority to enter into an 
                agreement under this subsection shall terminate on the 
                date that is five years after the date of the enactment 
                of this subsection.
                    ``(B) Rule of construction.--The termination date 
                referred to in subparagraph (A) shall not apply to 
                carrying out the terms of an agreement under this 
                subsection if such agreement is entered into before 
                such termination date.
    ``(c) General Provisions.--
            ``(1) Duration.--An agreement entered into under subsection 
        (a) or (b) (and, in the case of such subsection (b), in 
        accordance with paragraph (4) of such subsection) may last as 
        long as required to meet the terms of such agreement.
            ``(2) Criteria.--In carrying out agreements entered into 
        under subsection (a) or (b), the Commissioner of U.S. Customs 
        and Border Protection, in consultation with the Administrator 
        of General Services, shall establish criteria that includes the 
        following:
                    ``(A) Selection and evaluation of donors.
                    ``(B) Identification of roles and responsibilities 
                between U.S. Customs and Border Protection, the General 
                Services Administration, as applicable, and donors.
                    ``(C) Identification, allocation, and management of 
                explicit and implicit risks of partnering between the 
                Federal Government and donors.
                    ``(C) Decision-making and dispute resolution 
                processes.
                    ``(D) Processes for U.S. Customs and Border 
                Protection, and the General Services Administration, as 
                applicable, to terminate agreements if selected donors 
                are not meeting the terms of any such agreement, 
                including the security standards established by U.S. 
                Customs and Border Protection.
            ``(3) Evaluation procedures.--
                    ``(A) In general.--The Commissioner of U.S. Customs 
                and Border Protection, in consultation with the 
                Administrator of General Services, as applicable, 
                shall--
                            ``(i) establish criteria for evaluating a 
                        proposal to enter into an agreement under 
                        subsection (a) or (b); and
                            ``(ii) make such criteria publicly 
                        available.
                    ``(B) Considerations.--Criteria established 
                pursuant to subparagraph (A) shall consider the 
                following:
                            ``(i) The impact of a proposal referred to 
                        in such subparagraph on the land, sea, or air 
                        port of entry at issue and other ports of entry 
                        or similar facilities or other infrastructure 
                        near the location of the proposed donation.
                            ``(ii) Such proposal's potential to 
                        increase trade and travel efficiency through 
                        added capacity.
                            ``(iii) Such proposal's potential to 
                        enhance the security of the port of entry at 
                        issue.
                            ``(iv) For a donation under subsection 
                        (b)--
                                    ``(I) whether such donation 
                                satisfies the requirements of such 
                                proposal, or whether additional real 
                                property would be required; and
                                    ``(II) an explanation of how such 
                                donation was acquired, including if 
                                eminent domain was used.
                            ``(v) The funding available to complete the 
                        intended use of such donation.
                            ``(iv) The costs of maintaining and 
                        operating such donation.
                            ``(v) The impact of such proposal on U.S. 
                        Customs and Border Protection staffing 
                        requirements.
                            ``(vi) Other factors that the Commissioner 
                        or Administrator determines to be relevant.
                    ``(C) Determination and notification.--Not later 
                than 180 days after receiving a proposal to enter into 
                an agreement under subsection (a) or (b), the 
                Commissioner of U.S. Customs and Border Protection, 
                with the concurrence of the Administrator of General 
                Services, as applicable, shall make a determination to 
                deny or approve such proposal, and shall notify the 
                entity that submitted such proposal of such 
                determination.
            ``(4) Supplemental funding.--Except as required under 
        section 3307 of title 40, United States Code, for real property 
        donations to the Administrator of General Services at a GSA-
        owned land port of entry, donations made pursuant to subsection 
        (a) and (b) may be used in addition to any other funding for 
        such purpose, including appropriated funds, property, or 
        services.
            ``(5) Return of donations.--The Commissioner of U.S. 
        Customs and Border Protection, or the Administrator of General 
        Services, as applicable, may return any donation made pursuant 
        to subsection (a) or (b). No interest shall be owed to the 
        donor with respect to any donation provided under such 
        subsections that is returned pursuant to this subsection.
            ``(6) Prohibition on certain funding.--Except as provided 
        in subsections (a) and (b) regarding the acceptance of 
        donations, the Commissioner of U.S. Customs and Border 
        Protection and the Administrator of General Services, as 
        applicable, may not, with respect to an agreement entered into 
        under either of such subsections, obligate or expend amounts in 
        excess of amounts that have been appropriated pursuant to any 
        appropriations Act for purposes specified in either of such 
        subsections or otherwise made available for any of such 
        purposes.
            ``(7) Annual reports.--The Commissioner of U.S. Customs and 
        Border Protection, in collaboration with the Administrator of 
        General Services, as applicable, shall submit to the Committee 
        on Homeland Security, the Committee on Transportation and 
        Infrastructure, and the Committee on Appropriations of the 
        House of Representatives and the Committee on Homeland Security 
        and Governmental Affairs, the Committee on Environment and 
        Public Works, and the Committee on Appropriations of the Senate 
        an annual report identifying the activities undertaken and 
        agreements entered into pursuant to subsections (a) and (b).
    ``(d) Rule of Construction.--Except as otherwise provided in this 
section, nothing in this section may be construed as affecting in any 
manner the responsibilities, duties, or authorities of U.S. Customs and 
Border Protection or the General Services Administration.

``SEC. 483. CURRENT AND PROPOSED AGREEMENTS.

    ``Nothing in this subtitle may be construed as affecting in any 
manner--
            ``(1) any agreement entered into pursuant to section 560 of 
        division D of the Consolidated and Further Continuing 
        Appropriations Act, 2013 (Public Law 113-6) or section 559 of 
        title V of division F of the Consolidated Appropriations Act, 
        2014 (6 U.S.C. 211 note; Public Law 113-76), as in existence on 
        the day before the date of the enactment of this subtitle, and 
        any such agreement shall continue to have full force and effect 
        on and after such date; or
            ``(2) a proposal accepted for consideration by U.S. Customs 
        and Border Protection pursuant to such section 559, as in 
        existence on the day before such date of enactment.

``SEC. 484. DEFINITIONS.

    ``In this subtitle:
            ``(1) Donor.--The term `donor' means any entity that is 
        proposing to make a donation under this Act.
            ``(2) Entity.--The term `entity' means any--
                    ``(A) person;
                    ``(B) partnership, corporation, trust, estate, 
                cooperative, association, or any other organized group 
                of persons;
                    ``(C) Federal, State or local government (including 
                any subdivision, agency or instrumentality thereof); or
                    ``(D) any other private or governmental entity.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 is amended by adding at the end of 
the list of items relating to title IV the following new items:

    ``Subtitle G--U.S. Customs and Border Protection Public Private 
                              Partnerships

``Sec. 481. Fee agreements for certain services at ports of entry.
``Sec. 482. Port of entry donation authority.
``Sec. 483. Current and proposed agreements.
``Sec. 484. Definitions.''.
    (c) Repeals.--Section 560 of division D of the Consolidated and 
Further Continuing Appropriations Act, 2013 (Public Law 113-6) and 
section 559 of title V of division F of the Consolidated Appropriations 
Act, 2014 (6 U.S.C. 211 note; Public Law 113-76) are repealed.

SEC. 5. ESTABLISHMENT OF THE OFFICE OF BIOMETRIC IDENTITY MANAGEMENT.

    (a) In General.--Title VII of the Homeland Security Act of 2002 (6 
U.S.C. 341, et. seq.) is amended by adding at the end the following new 
section:

``SEC. 708. OFFICE OF BIOMETRIC IDENTITY MANAGEMENT.

    ``(a) Establishment.--The Office of Biometric Identity Management 
is established within the Department.
    ``(b) Director.--
            ``(1) In general.--The Office of Biometric Identity 
        Management shall be administered by the Director of the Office 
        of Biometric Identity Management (in this section referred to 
        as the `Director') who shall report to the Secretary, or to 
        another official of the Department, as the Secretary may 
        direct.
            ``(2) Qualifications and duties.--The Director shall--
                    ``(A) have significant professional management 
                experience, as well as experience in the field of 
                biometrics and identity management;
                    ``(B) lead the Department's biometric identity 
                services to support anti-terrorism, counter-terrorism, 
                border security, credentialing, national security, and 
                public safety and enable operational missions across 
                the Department by matching, storing, sharing, and 
                analyzing biometric data;
                    ``(C) deliver biometric identity information and 
                analysis capabilities to--
                            ``(i) the Department and its components;
                            ``(ii) appropriate Federal, State, local, 
                        and tribal agencies;
                            ``(iii) appropriate foreign governments; 
                        and
                            ``(iv) appropriate private sector entities;
                    ``(D) support the law enforcement, public safety, 
                national security, and homeland security missions of 
                other Federal, State, local and tribal agencies, as 
                appropriate;
                    ``(E) establish and manage the operation and 
                maintenance of the Department's sole biometric 
                repository;
                    ``(F) establish, manage, and operate Biometric 
                Support Centers to provide biometric identification and 
                verification analysis and services to the Department, 
                appropriate Federal, State, local, and tribal agencies, 
                appropriate foreign governments, and appropriate 
                private sector entities;
                    ``(G) in collaboration with the Undersecretary for 
                Science and Technology, establish a Department-wide 
                research and development program to support efforts in 
                assessment, development, and exploration of biometric 
                advancements and emerging technologies;
                    ``(H) oversee Department-wide standards for 
                biometric conformity, and work to make such standards 
                Government-wide;
                    ``(I) in coordination with the Department's Office 
                of Policy, and in consultation with relevant component 
                offices and headquarters offices, enter into data 
                sharing agreements with appropriate Federal agencies to 
                support immigration, law enforcement, national 
                security, and public safety missions;
                    ``(J) maximize interoperability with other Federal, 
                State, local, and international biometric systems, as 
                appropriate; and
                    ``(K) carry out the duties and powers prescribed by 
                law or delegated by the Secretary.
    ``(c) Deputy Director.--There shall be in the Office of Biometric 
Identity Management a Deputy Director, who shall assist the Director in 
the management of the Office.
    ``(d) Chief Technology Officer.--
            ``(1) In general.--There shall be in the Office of 
        Biometric Identity Management a Chief Technology Officer.
            ``(2) Duties.--The Chief Technology Officer shall--
                    ``(A) ensure compliance with policies, processes, 
                standards, guidelines, and procedures related to 
                information technology systems management, enterprise 
                architecture, and data management;
                    ``(B) provide engineering and enterprise 
                architecture guidance and direction to the Office of 
                Biometric Identity Management; and
                    ``(C) leverage emerging biometric technologies to 
                recommend improvements to major enterprise 
                applications, identify tools to optimize information 
                technology systems performance, and develop and promote 
                joint technology solutions to improve services to 
                enhance mission effectiveness.
    ``(e) Other Authorities.--
            ``(1) In general.--The Director may establish such other 
        offices within the Office of Biometric Identity Management as 
        the Director determines necessary to carry out the missions, 
        duties, functions, and authorities of the Office.
            ``(2) Notification.--If the Director exercises the 
        authority provided by paragraph (1), the Director shall notify 
        the Committee on Homeland Security of the House of 
        Representatives and the Committee on Homeland Security and 
        Governmental Affairs of the Senate not later than 30 days 
        before exercising such authority.''.
    (b) Transfer Limitation.--The Secretary of Homeland Security may 
not transfer the location or reporting structure of the Office of 
Biometric Identity Management (established by section 708 of the 
Homeland Security Act of 2002, as added by subsection (a) of this 
section) to any component of the Department of Homeland Security.
    (c) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 is amended by adding after the item 
relating to section 707 the following new item:

``Sec. 708. Office of Biometric Identity Management.''.

SEC. 6. COST-BENEFIT ANALYSIS OF CO-LOCATING OPERATIONAL ENTITIES.

    (a) In General.--For any location in which U.S. Customs and Border 
Protection's Office of Air and Marine Operations is based within 45 
miles of locations where any other Department of Homeland Security 
agency also operates air and marine assets, the Secretary of Homeland 
Security 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 respective agencies of the 
Department. In analyzing such potential cost savings achieved by 
sharing aviation and maritime facilities, such analysis shall consider, 
at a minimum, the following factors:
            (1) Potential enhanced cooperation derived from Department 
        personnel being co-located.
            (2) Potential costs 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) Potential operational costs of co-locating aviation and 
        maritime assets and personnel.
            (5) Short term moving costs required in order to co-locate 
        facilities.
            (6) 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 of Homeland Security shall submit 
to the Committee on Homeland Security and the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Homeland Security and Governmental Affairs of the 
Senate a report summarizing the results of the cost-benefit analysis 
required under subsection (a) and any planned actions based upon such 
results.

SEC. 7. STRATEGIC PERSONNEL PLAN FOR U.S. CUSTOMS AND BORDER PROTECTION 
              PERSONNEL DEPLOYED ABROAD.

    (a) In General.--Not later than 270 days of after the date of the 
enactment of this Act, the Commissioner of U.S. Customs and Border 
Protection shall provide to the Committee on Homeland Security of the 
House of Representatives and the Committee on Homeland Security and 
Governmental Affairs of the Senate a three year strategic plan for 
deployment of U.S. Customs and Border Protection (in this section 
referred to as ``CBP'') personnel to locations outside the United 
States.
    (b) Contents.--The plan required under subsection (a) shall include 
the following:
            (1) A risk-based method for determining expansion of CBP 
        international programs to new locations, given resource 
        constraints.
            (2) A plan to ensure CBP personnel deployed at locations 
        outside the United States have appropriate oversight and 
        support to ensure performance in support of program goals.
            (3) Information on planned future deployments of CBP 
        personnel for a three year period, together with corresponding 
        information on locations for such deployments outside the 
        United States.
    (c) Considerations.--In preparing the plan required under 
subsection (a), the Commissioner of U.S. Customs and Border Protection 
shall consider, and include information on, the following:
            (1) Existing CBP programs in operation outside of the 
        United States, together with specific information on locations 
        outside the United States in which each such program operates.
            (2) The number of CBP personnel deployed at each location 
        outside the United States during the preceding fiscal year.

SEC. 8. THREAT ASSESSMENT FOR UNITED STATES-BOUND INTERNATIONAL MAIL.

    Not later than 180 days after the date of the enactment of this 
Act, the Commissioner of U.S. Customs and Border Protection shall 
submit to the Committee on Homeland Security of the House of 
Representatives and the Committee on Homeland Security and Governmental 
Affairs of the Senate an assessment of the security threats posed by 
United States-bound international mail.

SEC. 9. EVALUATION OF COAST GUARD DEPLOYABLE SPECIALIZED FORCES.

    (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 Committee on Homeland Security and the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Homeland Security and Governmental Affairs and the 
Committee on Commerce, Science, and Transportation of the Senate a 
report that describes and assesses the state of the Coast Guard's 
Deployable Specialized Forces (in this section referred to as the 
``DSF''). Such report shall include, at a minimum, the following 
elements:
            (1) For each of the past three fiscal years, and for each 
        type of DSF, the following:
                    (A) A cost analysis, including training, operating, 
                and travel costs.
                    (B) The number of personnel assigned.
                    (C) The total number of units.
                    (D) The total number of operations conducted.
                    (E) The number of operations requested by each of 
                the following:
                            (i) The Coast Guard.
                            (ii) Other components or offices of the 
                        Department of Homeland Security.
                            (iii) Other Federal departments or 
                        agencies.
                            (iv) State agencies.
                            (v) Local agencies.
                    (F) The number of operations fulfilled by the 
                entities specified in subparagraph (E).
            (2) Mission impact, feasibility, and cost, including 
        potential cost savings, of locating DSF capabilities, including 
        the following scenarios:
                    (A) Combining DSFs, primarily focused on 
                counterdrug operations, under one centralized command.
                    (B) Distributing counter-terrorism and anti-
                terrorism capabilities to DSFs in each major United 
                States port.
    (b) Deployable Specialized Force Defined.--In this section, the 
term ``Deployable Specialized Force'' means a unit of the Coast Guard 
that serves as a quick reaction force designed to be deployed to handle 
counter-drug, counter-terrorism, and anti-terrorism operations or other 
maritime threats to the United States.

SEC. 10. CUSTOMS-TRADE PARTNERSHIP AGAINST TERRORISM IMPROVEMENT.

    (a) C-TPAT Exporters.--Section 212 of the Security and 
Accountability for Every Port Act of 2006 (6 U.S.C. 962) is amended by 
inserting ``exporters,'' after ``Importers,''.
    (b) Recognition of Other Countries' Trusted Shipper Programs.--
            (1) In general.--Section 218 of the Security and 
        Accountability for Every Port Act of 2006 (6 U.S.C. 968) is 
        amended to read as follows:

``SEC. 218. 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 such foreign government's supply chain security program 
        provides comparable security as that provided by C-TPAT.''.
            (2) Clerical amendment.--The table of contents in section 
        1(b) of the Security and Accountability for Every Port Act of 
        2006 is amended by amending the item relating to section 218 to 
        read as follows:

``Sec. 218. Recognition of other countries' trusted shipper 
                            programs.''.

SEC. 11. STRATEGIC PLAN TO ENHANCE THE SECURITY OF THE INTERNATIONAL 
              SUPPLY CHAIN.

    Paragraph (2) of section 201(g) of the Security and Accountability 
for Every Port Act of 2006 (6 U.S.C. 941) is amended to read as 
follows:
            ``(2) Updates.--Not later than 270 days after the date of 
        the enactment of this paragraph and every three years 
        thereafter, the Secretary shall submit to the appropriate 
        congressional committees a report that contains an update of 
        the strategic plan described in paragraph (1).''.

SEC. 12. CONTAINER SECURITY INITIATIVE.

    Subsection (l) of section 205 of the Security and Accountability 
for Every Port Act of 2006 (6 U.S.C. 945) is amended--
            (1) by striking ``(1) In general.--Not later than September 
        30, 2007,'' and inserting ``Not later than 270 days after the 
        date of the enactment of the Border and Maritime Security 
        Coordination Improvement Act,'';
            (2) by redesignating subparagraphs (A) through (H) as 
        paragraphs (1) through (8), respectively (and by moving the 
        margins of such paragraphs 2 ems to the left); and
            (3) by striking paragraph (2).

SEC. 13. TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL WAIVER AND 
              APPEALS PROCESS.

    (a) In General.--Section 70105 of title 46, United States Code, is 
amended by adding at the end the following new section:
    ``(r) Securing the Transportation Worker Identification Credential 
Against Use by Unauthorized Aliens.--
            ``(1) In general.--The Secretary, acting through the 
        Administrator of the Transportation Security Administration, 
        shall seek to strengthen the integrity of transportation 
        security cards issued under this section against improper 
        access by an individual who is not lawfully present in the 
        United States.
            ``(2) Components.--In carrying out subsection (a), the 
        Administrator of the Transportation Security Administration 
        shall--
                    ``(A) publish a list of documents that will 
                identify non-United States citizen transportation 
                security card applicants and verify the immigration 
                statuses of such applicants by requiring each such 
                applicant to produce a document or documents that 
                demonstrate--
                            ``(i) identity; and
                            ``(ii) proof of lawful presence in the 
                        United States; and
                    ``(B) enhance training requirements to ensure that 
                trusted agents at transportation security card 
                enrollment centers receive training to identify 
                fraudulent documents.
            ``(3) Expiration.--A transportation security card issued 
        under this section expires on the date of its expiration or on 
        the date on which the individual to whom such card is issued is 
        no longer lawfully entitled to be present in the United States, 
        whichever is earlier.''.
    (b) Report.--Not later than 90 days after the date of the enactment 
of this Act, the Secretary of Homeland Security shall provide to the 
Committee on Homeland Security of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the Senate 
information on the following:
            (1) The average time for the completion of an appeal under 
        the appeals process established pursuant to paragraph (4) of 
        subsection (c) of section 70105 of title 46, United States 
        Code.
            (2) The most common reasons for any delays at each step in 
        such process.
            (3) Recommendations on how to resolve any such delays as 
        expeditiously as possible.

SEC. 14. REPEALS.

    The following provisions of the Security and Accountability for 
Every Port Act of 2006 (Public Law 109-347) are repealed:
            (1) Section 105 (and the item relating to such section in 
        the table of contents of such Act).
            (2) Subsection (c) of section 108.
            (3) Subsections (c), (d), and (e) of section 121 (6 U.S.C. 
        921).
            (4) Section 122 (6 U.S.C. 922) (and the item relating to 
        such section in the table of contents of such Act).
            (5) Section 127 (and the item relating to such section in 
        the table of contents of such Act).
            (6) Subsection (c) of section 233 (6 U.S.C. 983).
            (7) Section 235 (6 U.S.C. 984) (and the item relating to 
        such section in the table of contents of such Act).
            (8) Section 701 (and the item relating to such section in 
        the table of contents of such Act).
            (9) Section 708 (and the item relating to such section in 
        the table of contents of such Act).

            Passed the House of Representatives April 13, 2016.

            Attest:

                                                                 Clerk.
114th CONGRESS

  2d Session

                               H. R. 3586

_______________________________________________________________________

                                 AN ACT

   To amend the Homeland Security Act of 2002 to improve border and 
maritime security coordination in the Department of Homeland Security, 
                        and for other purposes.