[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5256 Introduced in House (IH)]

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114th CONGRESS
  2d Session
                                H. R. 5256

   To enhance the overseas operations of the Department of Homeland 
Security aimed at preventing terrorist threats from reaching the United 
                    States, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 16, 2016

   Mr. Thompson of Mississippi (for himself, Ms. Loretta Sanchez of 
   California, Ms. Jackson Lee, Mr. Keating, Mr. Payne, Mrs. Watson 
  Coleman, and Ms. Clarke of New York) introduced the following bill; 
   which was referred to the Committee on Homeland Security, and in 
   addition to the Committees on the Judiciary, Ways and Means, and 
Agriculture, 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 enhance the overseas operations of the Department of Homeland 
Security aimed at preventing terrorist threats from reaching the United 
                    States, 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 ``Expanding DHS Overseas Passenger 
Security Screening and Vetting Operations Act''.

SEC. 2. COMPREHENSIVE STRATEGY AND IMPLEMENTATION PLAN FOR DHS 
              OPERATIONS ABROAD.

    (a) Strategy.--
            (1) In general.--Not later than 180 days 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 comprehensive five-year 
        strategy for existing and future international programs.
            (2) Contents.--The strategy required under paragraph (1) 
        shall include, at a minimum, the following:
                    (A) Specific Department of Homeland Security 
                strategic risk-based priorities for implementing 
                international programs.
                    (B) A risk-based method for determining whether to 
                establish new international programs or expand existing 
                international programs to new locations, given resource 
                constraints.
                    (C) A mechanism to ensure alignment of resource 
                allocations on international programs with the highest 
                Department-wide and Government-wide strategic 
                priorities.
                    (D) A common reporting framework for the submission 
                of reliable, comparable cost data by components of the 
                Department on overseas expenditures attributable to 
                international programs.
            (3) Considerations.--In developing the strategy required 
        under paragraph (1), the Secretary of Homeland Security shall 
        consider, at a minimum, the following:
                    (A) Existing operations of international programs, 
                together with specific information on the locations in 
                which each such program operates.
                    (B) The number of Department personnel deployed to 
                each location at which an international program 
                referred to in subparagraph (A) is in operation during 
                the current and preceding fiscal year.
                    (C) Analysis of the impacts of each international 
                program on domestic operations of U.S. Customs and 
                Border Protection or U.S. Immigration and Customs 
                Enforcement, as the case may be, including staffing 
                levels and the availability of resources.
                    (D) Analysis of opportunities and barriers to a 
                regional approach and coordination with partner 
                governments on international law enforcement efforts 
                abroad in line with Department-wide and United States 
                Government-wide priorities.
                    (E) Analysis of barriers to international program 
                expansion.
                    (F) Relevant Department strategy documents, 
                including the Quadrennial Homeland Security Review and 
                component strategies.
    (b) Implementation Plans.--
            (1) In general.--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, on an annual basis, an 
        implementation plan based on the strategy required under 
        subsection (a) for the following fiscal year. Each such plan 
        shall be submitted with the President's budget request for the 
        next fiscal year through fiscal year 2022, except that the 
        first such plan may be submitted together with the President's 
        budget request for the next fiscal year or 180 days after 
        submission of the strategy, whichever is later.
            (2) Contents.--Each implementation plan required under 
        paragraph (1) shall include, at a minimum, the following:
                    (A) Information, specified on a location-by-
                location basis, on each international program, 
                including an explanation of program goals and 
                requirements.
                    (B) Information on planned deployments of 
                Department personnel for each international program 
                referred to in subparagraph (A), specified on a 
                location-by-location basis, together with an accounting 
                of resource and personnel allocation required per 
                program per location.
                    (C) A plan to ensure Department personnel deployed 
                at locations outside the United States have appropriate 
                oversight and support to ensure performance in support 
                of program and departmental goals.
                    (D) Mechanisms for cross-component operations, 
                coordination, and communication abroad.
            (3) Format.--The implementation plan required under 
        paragraph (1) shall be submitted in unclassified form but may 
        contain a classified annex if the Secretary of Homeland 
        Security determines that such is appropriate.

SEC. 3. U.S. CUSTOMS AND BORDER PROTECTION STAFFING EXPANSION.

    (a) In General.--The Commissioner of U.S. Customs and Border 
Protection shall--
            (1) by not later than September 30, 2017, increase by 1,000 
        the number of U.S. Customs and Border Protection officers and 
        300 the number of U.S. Customs and Border Protection 
        Agriculture Specialists over the number of such officers and 
        Specialists, respectively, for fiscal year 2016; and
            (2) by not later than September 30, 2018, increase by 1,000 
        the number of U.S. Customs and Border Protection officers and 
        300 the number of U.S. Customs and Border Protection 
        Agriculture Specialists over the number of such officers and 
        Specialists, respectively, for fiscal year 2017.
    (b) Periodic Reporting.--The Secretary of Homeland Security, acting 
through the Commissioner of U.S. Customs and Border Protection, shall 
provide to the Committee on Homeland Security of the House of 
Representatives or the Committee on Homeland Security and Governmental 
Affairs of the Senate, upon request by either of such committees, 
information on the status of efforts to implement the requirements of 
subsection (a), including information on any impediments to such 
implementation.

SEC. 4. VISA SECURITY PROGRAM EXPANSION.

    (a) Deployment Plan.--Not later than 180 days 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 plan for expanding, by not later than five years after the 
date of the enactment of this Act, the Visa Security Program in a risk-
based manner to not fewer than 50 United States diplomatic and consular 
posts that issue visas. Such a plan shall include a prioritized list of 
such visa issuing posts based on the following:
            (1) Risk and volume.
            (2) The number of personnel necessary to operate each such 
        post.
            (3) The expected costs of establishing and operating each 
        such post.
            (4) Any potential security concerns regarding each such 
        post.
    (b) Periodic Reporting.--The Secretary of Homeland Security shall 
provide to the Committee on Homeland Security of the House of 
Representatives or the Committee on Homeland Security and Governmental 
Affairs of the Senate, upon request by either of such committees, 
information on the status of efforts to implement the requirements of 
subsection (a), including information on any impediments to such 
implementation.

SEC. 5. PRE-ADJUDICATED THREAT RECOGNITION AND INTELLIGENCE OPERATIONS 
              TEAM (PATRIOT) PROGRAM EXPANSION.

    (a) Deployment Plan.--Not later than 60 days 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 plan for deploying the Department of Homeland Security's Pre-
Adjudicated Threat Recognition and Intelligence Operations Team 
(PATRIOT) program to not fewer than 50 United States diplomatic and 
consular posts that issue visas, based on risk and volume, the minimum 
number of personnel necessary to operate each such post, the estimated 
costs of establishing and operating each such post, any potential 
security concerns for each such post, and anticipated timelines for 
deployment. Such plan shall include, at a minimum, the locations of 
visa issuing posts to be covered, an accounting of the technology, 
infrastructure, and personnel necessary to carry out deployment and 
operation of the PATRIOT program at such posts, and the estimated costs 
to deploy and operate such program.
    (b) Implementation.--The Secretary of Homeland Security shall 
implement the plan required under subsection (a) to ensure the PATRIOT 
program referred to in such subsection is being utilized to vet all 
visa applications, to the maximum extent practicable, at each United 
States diplomatic and consular post that issues visas to which such 
program has been expanded.
    (c) Periodic Reporting.--The Secretary of Homeland Security shall 
provide to the Committee on Homeland Security of the House of 
Representatives or the Committee on Homeland Security and Governmental 
Affairs of the Senate, upon request by either of such committees, 
information on the status of efforts to implement the requirements of 
this section, including information on any impediments to such 
implementation.

SEC. 6. IMMIGRATION COOPERATION PROGRAM AUTHORIZATION.

    (a) In General.--Subtitle B of title IV of the Homeland Security 
Act of 2002 is amended by inserting after section 415 the following new 
section:

``SEC. 416. IMMIGRATION COOPERATION PROGRAM.

    ``There is established within U.S. Customs and Border Protection a 
program to be known as the `Immigration Cooperation Program'. Under 
such Program, U.S. Customs and Border Protection Officers, pursuant to 
an arrangement with a foreign country, may cooperate with foreign 
authorities, air carriers, and security employees at foreign airports 
to identify persons who may be inadmissible to the United States or 
otherwise pose a risk to the security of the United States.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 is amended by inserting after the 
item relating to section 415 the following new item:

``Sec. 416. Immigration Cooperation Program.''.

SEC. 7. INTERNATIONAL TRUSTED TRAVELER PROGRAMS MODERNIZATION.

    Not later than 180 days 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 plan for 
expanding participation in trusted traveler programs administered by 
U.S. Customs and Border Protection. Such plan shall include the 
following:
            (1) A strategy for increasing outreach to and awareness 
        among the members of the traveling public regarding trusted 
        traveler programs, requirements, and benefits.
            (2) An analysis of any barriers to expansion of trusted 
        traveler programs.
            (3) An assessment of possible impacts on U.S. Customs and 
        Border Protection staffing and resource requirements as a 
        result of increased participation in trusted traveler programs.
            (4) An assessment of measures utilized to address potential 
        risks or vulnerabilities of trusted traveler programs, 
        including resulting from increased enrollment.
            (5) An analysis of the facilitation and security benefits 
        from increased participation in trusted traveler programs.

SEC. 8. SECURITY VETTING FOR NONIMMIGRANT VISAS EVALUATION.

    Not later than 180 days after the date of the enactment of this 
Act, the Comptroller General of the United States shall conduct a 
review 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 adequacy and appropriateness of 
the security screening process for each United States nonimmigrant visa 
category. Such review shall include the processes for determining visa 
eligibility, including security screening and background checks, and 
coordination among relevant agencies.

SEC. 9. DEFINITION.

    In this Act, the term ``international program'' means an 
international program or operation of U.S. Customs and Border 
Protection or U.S. Immigration and Customs Enforcement targeted at 
vetting and screening persons seeking to enter the United States in 
which Department of Homeland Security personnel and resources are 
deployed abroad.

SEC. 10. AUTHORIZATION OF FUNDING.

    There is authorized to be appropriated $250,000,000 for each of 
fiscal years 2017 and 2018 to carry out this Act and the amendment made 
by this Act.
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