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

<DOC>






114th CONGRESS
  1st Session
                                H. R. 3586

   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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 22, 2015

  Mrs. Miller of Michigan (for herself and Mr. McCaul) introduced the 
    following bill; which was referred to the Committee on Homeland 
   Security, and in addition to the Committee on Transportation and 
   Infrastructure, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
   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.

    This Act may be cited as the ``Border and Maritime Coordination 
Improvement Act''.

SEC. 2. BORDER AND MARITIME SECURITY EFFICIENCIES.

    (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 sections:

``SEC. 420. ESTABLISHMENT OF THE OFFICE OF BIOMETRIC IDENTITY 
              MANAGEMENT.

    ``(a) Establishment.--There is established within the Department an 
agency to be known as the Office of Biometric Identity Management.
    ``(b) Director.--
            ``(1) In general.--There shall be at the head of the Office 
        of Biometric Identity Management a Director of the Office of 
        Biometric Identity Management (in this section referred to as 
        the `Director').
            ``(2) Qualifications and duties.--The Director shall--
                    ``(A) have a minimum of five years professional 
                management experience;
                    ``(B) lead the Department's biometric identity 
                services to support anti-terrorism, counter-terrorism, 
                border security, 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;
                    ``(E) establish and manage the operation and 
                maintenance of the Department's biometric repository;
                    ``(F) establish, manage, and operate Biometric 
                Support Centers to provide biometric identification and 
                verification 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, enter into data sharing agreements with 
                appropriate Federal agencies to support immigration, 
                law enforcement, national security, and public safety 
                missions; and
                    ``(J) 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) Privacy Officer.--There shall be in the Office of Biometric 
Identity Management a Privacy Officer who shall ensure privacy 
protections and transparency in all Office activities, and conduct 
reviews of data sharing with external partners to ensure compliance 
with legal, policy, and privacy restrictions.
    ``(f) Other Authorities.--
            ``(1) In general.--The Director may establish such other 
        Division Directors, agents, officers, and other offices of 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 pursuant to 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.

``SEC. 420A. BORDER SECURITY JOINT TASK FORCES.

    ``(a) Establishment.--The Secretary may 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 
international 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-investigation.--Joint Task Force-
        Investigation 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-
        Investigation shall be a senior official of U.S. Immigration 
        and Customs Enforcement.
    ``(d) Joint Task Force Deputy Directors.--The Secretary shall 
appoint two Deputy Directors for each Joint Task Force. The Deputy 
Directors of a Joint Task Force shall be officials 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 execute the strategic plan to 
        secure the land and maritime borders of the United States 
        referred to in subsection (a); and
            ``(10) carry out other duties and powers the Secretary 
        determines appropriate.
    ``(f) Personnel and Resources of Joint Task Forces.--The heads of 
components and offices of the Department shall, upon request of the 
Director of a Joint Task Force, provide personnel and equipment to the 
requesting Joint Task Force on a temporary basis, if doing so does not 
affect the capability of such component or office to conduct its 
primary missions.
    ``(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) 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) preventing and responding to homeland security 
        crises, as determined by the Secretary;
            ``(3) establishing other regionally based operations; or
            ``(4) cybersecurity.
    ``(j) 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 Reform of the Senate 90 days prior to the 
        establishment of an additional Joint Task Force under 
        subsection (i).
            ``(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.
    ``(k) 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 international borders of the United States.
    ``(l) Sunset.--This section expires on September 30, 2018.

``SEC. 420B. 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 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 situational awareness 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 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).

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

    ``(a) In General.--Any new asset deployment 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, 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 
Office of Air and Marine Operations marine interdiction stations.

``SEC. 420D. SECURING THE TRANSPORTATION WORKER IDENTIFICATION 
              CREDENTIAL AGAINST USE BY UNAUTHORIZED ALIENS.

    ``(a) In General.--Not later than 180 days after the date of 
enactment of this section, 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').
    ``(b) Components.--In establishing the process under subsection 
(a), the Secretary shall--
            ``(1) publish a list of documents that will identify non-
        United States citizen TWIC applicants and verify the 
        immigration statuses of such applicants by requiring each such 
        applicant to produce a document or documents that demonstrate--
                    ``(A) identity; and
                    ``(B) proof of lawful presence in the United 
                States; and
            ``(2) establish training requirements to ensure that 
        trusted agents at TWIC enrollment centers receive training to 
        identify fraudulent documents.
    ``(c) Expiration of TWICs.--A TWIC expires on the date of its 
expiration, or on 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.''.
    (b) Location and Reporting Structure.--The Secretary of Homeland 
Security may not change the location or reporting structure of the 
Office of Biometric Identity Management (established pursuant to 
section 420 of the Homeland Security Act of 2002, as added by 
subsection (a) of this section) unless the Secretary of Homeland 
Security receives prior authorization from Congress permitting such 
change.
    (c) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act is amended by adding after the item relating 
to section 419 the following new item:

``Sec. 420. Establishment of the Office of Biometric Identity 
                            Management.
``Sec. 420A. Border Security Joint Task Forces.
``Sec. 420B. Updates of maritime operations coordination plan.
``Sec. 420C. U.S. Customs and Border Protection Office of Air and 
                            Marine Operations asset deployment.
``Sec. 420D. Securing the Transportation Worker Identification 
                            Credential against use by unauthorized 
                            aliens.''.

SEC. 3. 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 Operations operates that are 
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 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 of Homeland Security 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 a report summarizing the results of the cost-benefit analysis 
required under subsection (a) and any planned actions based upon such 
results.

SEC. 4. 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 missions conducted.
                    (E) The number of missions 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 missions fulfilled by the 
                entities specified in subparagraph (E).
            (2) Mission impact, feasibility, and cost, including future 
        cost savings, of consolidating 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.
                    (C) Establishing an enhanced DSF in the highest 
                risk port on the East coast of the United States and 
                the highest risk port on the West coast of the United 
                States that would be capable of supplementing DSF 
                capabilities in other ports on each of such coasts for 
                high threat operations.
    (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. 5. 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 SAFE Port Act is amended by amending the item 
        relating to section 218 to read as follows:

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

SEC. 6. STRATEGIC PLAN TO ENHANCE THE SECURITY OF THE INTERNATIONAL 
              SUPPLY CHAIN.

    Paragraph (2) of subsection (g) of section 201 (6 U.S.C. 941) by 
amending paragraph (2) 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. 7. CONTAINER SECURITY INITIATIVE.

    Subsection (l) of section 205 of the SAFE Port Act (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,''; and
            (2) by striking paragraph (2).

SEC. 8. REPEALS.

    The following provisions of the SAFE Port Act (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 126 (6 U.S.C. 925) (and the item relating to 
        such section in the table of contents of such Act).
            (6) Section 127 (and the item relating to such section in 
        the table of contents of such Act).
            (7) Subsection (d) of section 231 (6 U.S.C. 981).
            (8) Subsection (c) of section 233 (6 U.S.C. 983).
            (9) Section 235 (6 U.S.C. 984) (and the item relating to 
        such section in the table of contents of such Act).
            (10) Section 701 (and the item relating to such section in 
        the table of contents of such Act).
            (11) Section 708 (and the item relating to such section in 
        the table of contents of such Act).
                                 <all>