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

<DOC>





                                                 Union Calendar No. 372
114th CONGRESS
  2d Session
                                H. R. 3586

                      [Report No. 114-488, Part I]

   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

                             April 12, 2016

   Reported from the Committee on Homeland Security with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                             April 12, 2016

    The Committee on Transportation and Infrastructure discharged; 
committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed
    [For text of introduced bill, see copy of bill as introduced on 
                          September 22, 2015]


_______________________________________________________________________

                                 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; 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. Cost-benefit analysis of co-locating operational entities.
Sec. 6. Strategic personnel plan for U.S. Customs and Border Protection 
                            personnel deployed abroad.
Sec. 7. Threat assessment for United States-bound international mail.
Sec. 8. Evaluation of Coast Guard Deployable Specialized Forces.
Sec. 9. Customs-Trade Partnership Against Terrorism improvement.
Sec. 10. Strategic plan to enhance the security of the international 
                            supply chain.
Sec. 11. Container Security Initiative.
Sec. 12. Transportation Worker Identification Credential waiver and 
                            appeals process.
Sec. 13. Annual report on U.S. Customs and Border Protection staffing.
Sec. 14. Conforming amendments.
Sec. 15. 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 ADVISORY PROGRAM.

    ``(a) In General.--There is authorized within U.S. Customs and 
Border Protection a program for Customs and Border Protection officers, 
pursuant to an agreement with a host country, to assist air carriers 
and security employees at foreign airports with review of traveler 
information during the processing of flights bound for the United 
States.
    ``(b) Activities.--In carrying out the program, Customs and Border 
Protection officers posted in foreign airports under subsection (a) 
may--
            ``(1) be present during processing of flights bound for the 
        United States;
            ``(2) assist air carriers and security employees with 
        document examination and traveler security assessments;
            ``(3) provide relevant training to air carriers, their 
        security staff, and host-country authorities;
            ``(4) analyze electronic passenger information and 
        passenger reservation data to identify potential threats;
            ``(5) engage air carriers and travelers to confirm 
        potential terrorist watchlist matches;
            ``(6) make recommendations to air carriers to deny 
        potentially inadmissable passengers boarding flights bound for 
        the United States; and
            ``(7) conduct other activities to secure flights bound for 
        the United States, as directed by the Commissioner of U.S. 
        Customs and Border Protection.

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

    ``Not later than one year after the date of the enactment of this 
section, the Commissioner of U.S. Customs and Border Protection shall--
            ``(1) establish a program to ensure that the electronic 
        interchange system for the collection of advance electronic 
        information for cargo required by section 343 of the Trade Act 
        of 2002 (19 U.S.C. 2071 note) has the capacity to collect 
        information pertaining to cargo being imported to the United 
        States by air at the earliest point practicable prior to 
        loading of such cargo onto the aircraft destined to or 
        transiting through the United States; and
            ``(2) coordinate with the Administrator for the 
        Transportation Security Administration to identify 
        opportunities to harmonize requirements for air carriers that 
        are full participants in the system described in paragraph (1).

``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.
                    ``(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 USC 70101 
        note) or the Border Enforcement Security Task Force established 
        under section 432.
    ``(d) Operation.--After determining the regions in which to 
establish IBETs, the Secretary may--
            ``(1) direct the assignment of Federal personnel to such 
        IBETs; and
            ``(2) 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.
    ``(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 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 advisory 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.''.

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. ESTABLISHMENT OF THE OFFICE OF BIOMETRIC IDENTITY 
              MANAGEMENT.

    ``(a) Establishment.--There is established within the Department an 
office 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 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 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. 435. 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 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.--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.
    ``(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 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 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 the joint 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) preventing and responding to homeland security 
        crises, as determined by the Secretary;
            ``(3) establishing other regionally-based operations; or
            ``(4) cybersecurity.
    ``(l) 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 90 days prior to the 
        establishment of an additional Joint Task Force under 
        subsection (k).
            ``(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.
    ``(m) 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 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.
    ``(n) 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 martime borders of the United States.
    ``(o) Sunset.--This section expires on September 30, 2018.

``SEC. 436. 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).''.
    (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 of 2002 is amended by adding after the item 
relating to section 433 the following new items:

``Sec. 434. Establishment of the Office of Biometric Identity 
                            Management.
``Sec. 435. Border Security Joint Task Forces.
``Sec. 436. 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 for border security, 
port security, transportation security, or counter-terrorism purposes, 
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) each facility at which U.S. Customs and Border 
        Protection services are performed shall be provided, 
        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 and the 
Committee on Appropriations of the House of Representatives and the 
Committee on Homeland Security and Governmental Affairs and the 
Committee on Appropriations of the Senate an annual report identifying 
the activities undertaken and the agreements entered into pursuant to 
this section.

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

    ``(a) Agreements Authorized.--
            ``(1) In general.--The Commissioner of U.S. Customs and 
        Border Protection, in collaboration with the Administrator of 
        the General Services Administration as applicable under 
        subsection (f), may enter into an agreement with any entity to 
        accept a donation of real or personal property, including 
        monetary donations, or nonpersonal services, for uses described 
        in subsection (c) at a new or existing land, sea, or air port 
        of entry, or any facility or other infrastructure at a location 
        at which U.S. Customs and Border Protection performs or will be 
        performing inspection services.
            ``(2) GSA.--If the Administrator of the General Services 
        Administration owns or leases a new or existing land port of 
        entry at a location at which U.S. Customs and Border Protection 
        performs or will be performing inspection services, the 
        Administrator, in collaboration with the Commissioner of U.S. 
        Customs and Border Protection, may enter into an agreement with 
        any entity to accept a donation of real or personal property, 
        including monetary donations, or nonpersonal services, at such 
        location for uses described in subsection (c).
    ``(b) Limitation on Monetary Donations.--Any monetary donation 
accepted pursuant to subsection (a) may not be used to pay the salaries 
of U.S. Customs and Border Protection employees performing inspection 
services.
    ``(c) Use.--Donations accepted pursuant to subsection (a) may be 
used for activities related to construction, alteration, operation, or 
maintenance of a new or existing land, sea, or air port of entry, as 
appropriate, or any facility or other infrastructure at a location at 
which U.S. Customs and Border Protection performs or will be performing 
inspections services, including expenses related to--
            ``(1) land acquisition, design, construction, repair, or 
        alteration;
            ``(2) furniture, fixtures, equipment, or technology, 
        including installation or the deployment thereof; and
            ``(3) operation and maintenance of such port of entry, 
        facility, infrastructure, equipment, or technology.
    ``(d) Transfer.--Notwithstanding any other provision of law, 
donations accepted by the Commissioner of U.S. Customs and Border 
Protection or the Administrator of the General Services Administration 
pursuant to subsection (a) may be transferred between U.S. Customs and 
Border Protection and the General Services Administration.
    ``(e) Duration.--An agreement entered into under subsection (a) may 
last as long as required to meet the terms of such agreement.
    ``(f) Role of the Administrator.--The role, involvement, and 
authority of the Administrator of the General Services Administration 
under this section shall be limited to donations made at new or 
existing land ports of entry, facilities, or other infrastructure owned 
or leased by the General Services Administration.
    ``(g) Coordination.--In carrying out agreements entered into under 
subsection (a), the Commissioner of U.S. Customs and Border Protection 
and the Administrator of the General Services Administration shall 
establish criteria that includes the following:
            ``(1) Selection and evaluation of donors.
            ``(2) Identification of roles and responsibilities between 
        U.S. Customs and Border Protection, the General Services 
        Administration, and donors.
            ``(3) Decision-making and dispute resolution processes.
            ``(4) Processes for U.S. Customs and Border Protection and 
        the General Services Administration 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.
    ``(h) Evaluation Procedures.--
            ``(1) In general.--Not later than 180 days after the date 
        of the enactment of this Act, the Commissioner of U.S. Customs 
        and Border Protection, in consultation with the Administrator 
        of the General Services Administration, as appropriate, shall--
                    ``(A) establish criteria for evaluating a proposal 
                to enter into an agreement under subsection (a); and
                    ``(B) make such criteria publicly available.
            ``(2) Considerations.--Criteria established pursuant to 
        paragraph (1) shall consider the following:
                    ``(A) The impact of such proposal on the land, sea, 
                or air port of entry or facility or other 
                infrastructure at issue and other ports of entry or 
                similar facilities or other infrastructure near the 
                location of the proposed donation.
                    ``(B) The proposal's potential to increase trade 
                and travel efficiency through added capacity.
                    ``(C) The proposal's potential to enhance the 
                security of the port of entry or facility or other 
                infrastructure at issue.
                    ``(D) The funding available to complete the 
                intended use of a donation under this subsection, if 
                such donation is real property.
                    ``(E) The costs of maintaining and operating such 
                donation.
                    ``(F) Whether such donation, if real property, 
                satisfies the requirements of such proposal, or whether 
                additional real property would be required.
                    ``(G) The impact of such proposal on U.S. Customs 
                and Border Protection staffing requirements.
                    ``(H) Other factors that the Commissioner or 
                Administrator determines to be relevant.
            ``(3) Determination and notification.--Not later than 180 
        days after receiving a proposal to enter into an agreement 
        under subsection (a), the Commissioner of U.S. Customs and 
        Border Protection shall make a determination to deny or approve 
        such proposal, and shall notify the entity that submitted such 
        proposal of such determination.
    ``(i) Supplemental Funding.--Donations made pursuant to subsection 
(a) may be used in addition to any other funding for such purpose, 
including appropriated funds, property, or services.
    ``(j) Return of Donations.--The Commissioner of U.S. Customs and 
Border Protection or the Administrator of the General Services 
Administration, as the case may be, may return any donation made 
pursuant to subsection (a). No interest shall be owed to the donor with 
respect to any donation provided under such subsection that is returned 
pursuant to this subsection.
    ``(k) Annual Reports.--The Commissioner of U.S. Customs and Border 
Protection, in collaboration with the Administrator of the General 
Services Administration, as appropriate, 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 this 
section.
    ``(l) 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. 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 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. 6. 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. 7. 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. 8. 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 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.
    (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. 9. 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. 10. 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. 11. 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. 12. 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. 13. ANNUAL REPORT ON U.S. CUSTOMS AND BORDER PROTECTION STAFFING.

    Not later than 30 days after the date of the enactment of this Act 
and annually thereafter, 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 a report on the staffing model for 
the Office of Field Operations, including information on how many 
supervisors, front-line Customs and Border Protection officers, 
Agriculture Specialists, and support personnel are assigned to each 
field office and port of entry.

SEC. 14. CONFORMING AMENDMENTS.

    Subtitle B of title IV of the Homeland Security Act of 2002 (6 
U.S.C. 211 et seq.) is amended--
            (1) by striking ``United States Customs Service'' each 
        place it appears and inserting ``U.S. Customs and Border 
        Protection'';
            (2) by striking ``Commissioner of Customs'' each place it 
        appears and inserting ``Commissioner of U.S. Customs and Border 
        Protection'';
            (3) in the heading of such subtitle, by striking ``United 
        States Customs Service'' and inserting ``U.S. Customs and 
        Border Protection''; and
            (4) in section 411--
                    (A) in the section heading, by striking 
                ``commissioner of customs'' and inserting 
                ``commissioner of u.s. customs and border protection''; 
                and
                    (B) in subsection (b)--
                            (i) in the subsection heading, by striking 
                        ``Commissioner of Customs'' and inserting 
                        ``Commissioner of U.S. Customs and Border 
                        Protection''; and
                            (ii) in paragraph (1), by striking 
                        ``Customs Service'' and inserting ``U.S. 
                        Customs and Border Protection''.

SEC. 15. 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).
                                                 Union Calendar No. 372

114th CONGRESS

  2d Session

                               H. R. 3586

                      [Report No. 114-488, Part I]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                             April 12, 2016

   Reported from the Committee on Homeland Security with an amendment

                             April 12, 2016

    The Committee on Transportation and Infrastructure discharged; 
committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed