[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2430 Introduced in Senate (IS)]

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114th CONGRESS
  1st Session
                                S. 2430

  To permit the recovery of costs incurred by U.S. Customs and Border 
   Protection for preclearance operations activities, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 18, 2015

  Ms. Cantwell (for herself and Ms. Collins) introduced the following 
 bill; which was read twice and referred to the Committee on Homeland 
                   Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
  To permit the recovery of costs incurred by U.S. Customs and Border 
   Protection for preclearance operations activities, 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 ``Travel Facilitation and Safety Act 
of 2015''.

SEC. 2. RECOVERY OF INITIAL PRECLEARANCE OPERATION COSTS.

    (a) Cost Sharing Agreements With Relevant Airport Authorities.--The 
Commissioner of U.S. Customs and Border Protection may enter into a 
cost sharing agreement with airport authorities in foreign countries at 
which preclearance operations are to be established or maintained if--
            (1) an executive agreement to establish or maintain such 
        preclearance operations pursuant to the authorities under 
        section 629 of the Tariff Act of 1930 (19 U.S.C. 1629) and 
        section 103(a)(7) of the Immigration and Nationality Act (8 
        U.S.C. 1103(a)(7)) has been signed, but has not yet entered 
        into force; and
            (2) U.S. Customs and Border Protection has incurred, or 
        expects to incur, initial preclearance operations costs in 
        order to establish or maintain preclearance operations under 
        the agreement described in paragraph (1).
    (b) Contents of Cost Sharing Agreements.--
            (1) In general.--Notwithstanding section 13031(e) of the 
        Consolidated Omnibus Budget Reconciliation Act of 1985 (19 
        U.S.C. 58c(e)) and section 286(g) of the Immigration and 
        Nationality Act (8 U.S.C. 1356(g)), any cost sharing agreement 
        authorized under subsection (a) may provide for the airport 
        authority's payment to U.S. Customs and Border Protection of 
        its initial preclearance operations costs.
            (2) Timing of payments.--The airport authority's payment to 
        U.S. Customs and Border Protection for its initial preclearance 
        operations costs may be made in advance of the incurrence of 
        the costs or on a reimbursable basis.
    (c) Account.--
            (1) In general.--All amounts collected pursuant to any cost 
        sharing agreement authorized under subsection (a)--
                    (A) shall be credited as offsetting collections to 
                the currently applicable appropriation, account, or 
                fund of U.S. Customs and Border Protection;
                    (B) shall remain available, until expended, for the 
                purposes for which such appropriation, account, or fund 
                is authorized to be used; and
                    (C) may be collected and shall be available only to 
                the extent provided in appropriations Acts.
            (2) Return of unused funds.--Any advances or reimbursements 
        not used by U.S. Customs and Border Protection may be returned 
        to the relevant airport authority.
            (3) Rule of construction.--Nothing in this subsection may 
        be construed to preclude the use of appropriated funds, from 
        sources other than the payments collected under this Act, to 
        pay initial preclearance operation costs.
    (d) Initial Preclearance Operations Costs Defined.--
            (1) In general.--In this section, the term ``initial 
        preclearance operations costs'' means the costs incurred, or 
        expected to be incurred, by U.S. Customs and Border Protection 
        to establish or maintain preclearance operations at an airport 
        in a foreign country, including costs relating to--
                    (A) hiring, training, and equipping new officers of 
                U.S. Customs and Border Protection who will be 
                stationed at United States domestic ports of entry or 
                other facilities of U.S. Customs and Border Protection 
                to backfill such officers to be stationed at an airport 
                in a foreign country to conduct preclearance 
                operations; and
                    (B) visits to the airport authority conducted by 
                personnel of U.S. Customs and Border Protection 
                necessary to prepare for the establishment or 
                maintenance of preclearance operations at such airport, 
                including the compensation, travel expenses, and 
                allowances payable to such personnel attributable to 
                such visits.
            (2) Exception.--The costs described in paragraph (1)(A) 
        shall not include the salaries and benefits of new officers of 
        U.S. Customs and Border Protection once such officers are 
        permanently stationed at a domestic United States port of entry 
        or other domestic facility of U.S. Customs and Border 
        Protection after being hired, trained, and equipped.

SEC. 3. COLLECTION AND DISPOSITION OF FUNDS COLLECTED FOR IMMIGRATION 
              INSPECTION SERVICES AND PRECLEARANCE ACTIVITIES.

    (a) Immigration and Nationality Act.--Section 286(i) of the 
Immigration and Nationality Act (8 U.S.C. 1356(i)) is amended by 
striking the last sentence and inserting ``Reimbursements under this 
subsection may be collected in advance of the provision of such 
immigration inspection services. Notwithstanding subsection (h)(1)(B), 
and only to the extent provided in appropriations Acts, any amounts 
collected under this subsection shall be credited as offsetting 
collections to the currently applicable appropriation, account, or fund 
of U.S. Customs and Border Protection, remain available until expended, 
and be available for the purposes for which such appropriation, 
account, or fund is authorized to be used.''.
    (b) Farm Security and Rural Investment Act of 2002.--Section 
10412(b) of the Farm Security and Rural Investment Act of 2002 (7 
U.S.C. 8311(b)) is amended to read as follows:
    ``(b) Funds Collected for Preclearance.--Funds collected for 
preclearance activities--
            ``(1) may be collected in advance of the provision of such 
        activities;
            ``(2) shall be credited as offsetting collections to the 
        currently applicable appropriation, account, or fund of U.S. 
        Customs and Border Protection;
            ``(3) shall remain available until expended;
            ``(4) shall be available for the purposes for which such 
        appropriation, account, or fund is authorized to be used; and
            ``(5) may be collected and shall be available only to the 
        extent provided in appropriations Acts.''.

SEC. 4. EXPANSION OF PRECLEARANCE AT FOREIGN AIRPORTS.

    (a) Findings.--Congress makes the following findings:
            (1) Preclearance operations provide the ultimate ability 
        for the United States to address potential threats at the 
        earliest possible moment and prior to departure, through the 
        forward deployment of officers of U.S. Customs and Border 
        Protection to last points of departure in a foreign country.
            (2) With inspections and examination operations of U.S. 
        Customs and Border Protection located in a foreign country, 
        preclearance provides the capability to interdict, address, and 
        work with host-country law enforcement in furtherance of both 
        aviation security and border security in the United States.
            (3) Under current preclearance operations, officers of the 
        U.S. Customs and Border Protection collect biometrics in the 
        same way that is currently done upon arrival in the United 
        States, in accordance with current regulation, and as part of 
        the routine entry process from certain aliens who are not 
        citizens of the United States prior to boarding flights 
        destined to the United States.
            (4) Preclearance operations provide the best means for 
        existing and future biometric security capabilities beyond the 
        United States. Support for preclearance expansion will greatly 
        increase border and aviation security in the United States and 
        foreign countries.
    (b) Sense of Congress.--It is the sense of Congress that each 
country designated as a visa waiver program country under section 217 
of the Immigration and Nationality Act (8 U.S.C. 1187) should seek to 
participate in the preclearance program with the United States, to 
jointly address security concerns through additional exchange of 
information and to improve joint ability to secure the that visa waiver 
program while maintaining the original intent of the program.

SEC. 5. BIOMETRIC DEMONSTRATION PROGRAMS AT PRECLEARANCE LOCATIONS.

    (a) Authority.--The Secretary of Homeland Security is authorized to 
select preclearance locations, including preclearance expansion 
locations, and enter into an agreement with a foreign government or 
airport to conduct a collaborative biometric demonstration program at 
such a location to test emerging biometric technologies. The scope of 
the demonstration program may encompass travelers other than those 
utilizing preclearance at such a location, provided that such program 
includes means for information sharing with U.S. Customs and Border 
Protection operations.
    (b) International Cooperation and Coordination.--Section 233(a) of 
the Security and Accountability For Every Port Act of 2006 (6 U.S.C. 
983(a)) is amended--
            (1) in paragraph (1), by striking the period at the end and 
        inserting ``, and to establish and maintain, in partnership 
        with foreign governments, demonstration programs to test 
        emerging biometric technologies at foreign airports at which 
        the Secretary has established preclearance operations.''; and
            (2) in paragraph (2)--
                    (A) in subparagraph (A), by striking ``and'' at the 
                end;
                    (B) in subparagraph (B), by striking the period at 
                the end and inserting a semicolon and ``and''; and
                    (C) by adding the following:
                    ``(C) lease, loan, provide, or otherwise assist in 
                the deployment of biometric technologies at foreign 
                airports at which the Secretary has established 
                preclearance operations under such terms and conditions 
                as the Secretary prescribes, including nonreimbursable 
                loans or the transfer of ownership of such 
                technologies, and provide the necessary training and 
                technical assistance related to the biometric 
                demonstration programs referred to in paragraph (1).''.

SEC. 6. VISA WAIVER PROGRAM REQUIREMENTS.

    (a) Information Sharing Process.--The Director of National 
Intelligence shall--
            (1) develop a process to share information derived from the 
        Terrorist Identities Datamart Environment (TIDE) database and 
        the Terrorist Screening Database (TSDB), including biometric 
        and biographic information, with countries participating in the 
        visa waiver program established under section 217(a) of the 
        Immigration and Nationality Act (8 U.S.C. 1187(a)); and
            (2) not later than 1 year after the date of the enactment 
        of this Act, certify to Congress that such process may be 
        utilized by such countries.
    (b) Continuing Qualification and Designation Terminations.--
Subsection (c) of section 217 of the Immigration and Nationality Act (8 
U.S.C. 1187) is amended--
            (1) in paragraph (1), by striking ``Attorney General,'' and 
        inserting ``Secretary of Homeland Security,''; and
            (2) in paragraph (2)--
                    (A) in subparagraph (C)(iii)--
                            (i) by striking ``and the Committee on 
                        International Relations'' and inserting ``, the 
                        Committee on Foreign Affairs, and the Committee 
                        on Homeland Security''; and
                            (ii) by striking ``and the Committee on 
                        Foreign Relations'' and inserting ``, the 
                        Committee on Foreign Relations, and the 
                        Committee on Homeland Security and Governmental 
                        Affairs''; and
                    (B) by adding at the end the following:
                    ``(G) Border security.--The government of the 
                country utilizes the process developed by the Director 
                of National Intelligence under section 6(a) of the 
                Travel Facilitation and Safety Act of 2015 to utilize 
                information derived from the Terrorist Identities 
                Datamart Environment (TIDE) database and the Terrorist 
                Screening Database (TSDB) for border security and 
                immigration purposes, including the screening of aliens 
                seeking asylum or refugee status in that country.''.
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