[Congressional Record Volume 162, Number 56 (Wednesday, April 13, 2016)]
[House]
[Pages H1655-H1663]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
{time} 1415
BORDER AND MARITIME COORDINATION IMPROVEMENT ACT
Mrs. MILLER of Michigan. Mr. Speaker, I move to suspend the rules and
pass the bill (H.R. 3586) to amend the Homeland Security Act of 2002 to
improve border and maritime security coordination in the Department of
Homeland Security, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 3586
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Border and
Maritime Coordination Improvement Act''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; Table of contents.
Sec. 2. U.S. Customs and Border Protection coordination.
Sec. 3. Border and maritime security efficiencies.
Sec. 4. Public-private partnerships.
Sec. 5. Establishment of the Office of Biometric Identity Management.
Sec. 6. Cost-benefit analysis of co-locating operational entities.
Sec. 7. Strategic personnel plan for U.S. Customs and Border Protection
personnel deployed abroad.
Sec. 8. Threat assessment for United States-bound international mail.
Sec. 9. Evaluation of Coast Guard Deployable Specialized Forces.
Sec. 10. Customs-Trade Partnership Against Terrorism improvement.
Sec. 11. Strategic plan to enhance the security of the international
supply chain.
Sec. 12. Container Security Initiative.
Sec. 13. Transportation Worker Identification Credential waiver and
appeals process.
Sec. 14. Repeals.
SEC. 2. U.S. CUSTOMS AND BORDER PROTECTION COORDINATION.
(a) In General.--Subtitle B of title IV of the Homeland
Security Act of 2002 (6 U.S.C. 211 et seq.) is amended by
adding at the end the following new section:
``SEC. 420. IMMIGRATION COOPERATION PROGRAM.
``(a) In General.--There is established within U.S. Customs
and Border Protection a program to be known as the
Immigration Cooperation Program. Under the Program, U.S.
Customs and Border Protection officers, pursuant to an
arrangement with the government of a foreign country, may
cooperate with authorities of that government, air carriers,
and security employees at airports located in that country,
to identify persons who may be inadmissible to the United
States or otherwise pose a risk to border security.
``(b) Activities.--In carrying out the program, U.S.
Customs and Border Protection officers posted in a foreign
country under subsection (a) may--
``(1) be stationed at airports in that country, including
for purposes of conducting risk assessments and enhancing
border security;
``(2) assist authorities of that government, air carriers,
and security employees with document examination and traveler
security assessments;
``(3) provide relevant training to air carriers, their
security staff, and such authorities;
``(4) exchange information with, and provide technical
assistance, equipment, and training to, such authorities to
facilitate risk assessments of travelers and appropriate
enforcement activities related to such assessments;
``(5) make recommendations to air carriers to deny boarding
to potentially inadmissable travelers bound for the United
States; and
``(6) conduct other activities, as appropriate, to protect
the international borders of the United States and facilitate
the enforcement of United States laws, as directed by the
Commissioner of U.S. Customs and Border Protection.
``SEC. 420A. AIR CARGO ADVANCE SCREENING.
``The Commissioner of U.S. Customs and Border Protection
shall--
``(1) consistent with the requirements enacted by the Trade
Act of 2002 (Public Law 107-210)--
``(A) establish a program for the collection by U.S.
Customs and Border Protection of advance electronic
information from air carriers and other persons and
governments within the supply chain regarding cargo being
transported to the United States by air; and
``(B) under such program, require that such information be
transmitted by such persons and governments at the earliest
point practicable prior to loading of such cargo onto an
aircraft destined to or transiting through the United States;
and
``(2) coordinate with the Administrator for the
Transportation Security Administration to identify
opportunities where the information furnished in compliance
with the program established under this section can be used
to meet the requirements of a program administered by the
Administrator of the Transportation Security Administration.
``SEC. 420B. U.S. CUSTOMS AND BORDER PROTECTION OFFICE OF AIR
AND MARINE OPERATIONS ASSET DEPLOYMENT.
``(a) In General.--Any deployment of new assets by U.S.
Customs and Border Protection's Office of Air and Marine
Operations following the date of the enactment of this
section, shall, to the greatest extent practicable, occur in
accordance with a risk-based assessment that considers
mission needs, validated requirements, performance results,
threats, costs, and any other relevant factors identified by
the Commissioner of U.S. Customs and Border Protection.
Specific factors to be included in such assessment shall
include, at a minimum, the following:
``(1) Mission requirements that prioritize the operational
needs of field commanders to secure the United States border
and ports.
``(2) Other Department assets available to help address any
unmet border and port security mission requirements, in
accordance with paragraph (1).
``(3) Risk analysis showing positioning of the asset at
issue to respond to intelligence on emerging terrorist or
other threats.
``(4) Cost-benefit analysis showing the relative ability to
use the asset at issue in the most cost-effective way to
reduce risk and achieve mission success.
``(b) Considerations.--An assessment required under
subsection (a) shall consider applicable Federal guidance,
standards, and agency strategic and performance plans,
including the following:
``(1) The most recent departmental Quadrennial Homeland
Security Review under section 707, and any follow-up guidance
related to such Review.
``(2) The Department's Annual Performance Plans.
``(3) Department policy guiding use of integrated risk
management in resource allocation decisions.
``(4) Department and U.S. Customs and Border Protection
Strategic Plans and Resource Deployment Plans.
``(5) Applicable aviation guidance from the Department,
including the DHS Aviation Concept of Operations.
``(6) Other strategic and acquisition guidance promulgated
by the Federal Government as the Secretary determines
appropriate.
``(c) Audit and Report.--The Inspector General of the
Department shall biennially audit the deployment of new
assets by U.S. Customs and Border Protection's Office of Air
and Marine Operations and submit to the Committee on Homeland
Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate a
report on the compliance of the Department with the
requirements of this section.
``(d) Marine Interdiction Stations.--Not later than 180
days after the date of the enactment of this section, the
Commissioner of U.S. Customs and Border Protection shall
submit to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate an identification of
facilities owned by the Federal Government in strategic
locations along the maritime border of California that may be
suitable for establishing additional Office of Air and Marine
Operations marine interdiction stations.
``SEC. 420C. INTEGRATED BORDER ENFORCEMENT TEAMS.
``(a) Establishment.--The Secretary shall establish within
the Department a program to be known as the Integrated Border
Enforcement Team program (referred to in this section as
`IBET').
``(b) Purpose.--The Secretary shall administer the IBET
program in a manner that results in a cooperative approach
between the United States and Canada to--
``(1) strengthen security between designated ports of
entry;
``(2) detect, prevent, investigate, and respond to
terrorism and violations of law related to border security;
``(3) facilitate collaboration among components and offices
within the Department and international partners;
``(4) execute coordinated activities in furtherance of
border security and homeland security; and
``(5) enhance information-sharing, including the
dissemination of homeland security information among such
components and offices.
``(c) Composition and Location of IBETs.--
[[Page H1656]]
``(1) Composition.--IBETs shall be led by the United States
Border Patrol and may be comprised of personnel from the
following:
``(A) Other subcomponents of U.S. Customs and Border
Protection.
``(B) U.S. Immigration and Customs Enforcement, led by
Homeland Security Investigations.
``(C) The Coast Guard, for the purpose of securing the
maritime borders of the United States.
``(D) Other Department personnel, as appropriate.
``(E) Other Federal departments and agencies, as
appropriate.
``(F) Appropriate State law enforcement agencies.
``(G) Foreign law enforcement partners.
``(H) Local law enforcement agencies from affected border
cities and communities.
``(I) Appropriate tribal law enforcement agencies.
``(2) Location.--The Secretary is authorized to establish
IBETs in regions in which such teams can contribute to IBET
missions, as appropriate. When establishing an IBET, the
Secretary shall consider the following:
``(A) Whether the region in which the IBET would be
established is significantly impacted by cross-border
threats.
``(B) The availability of Federal, State, local, tribal,
and foreign law enforcement resources to participate in an
IBET.
``(C) Whether, in accordance with paragraph (3), other
joint cross-border initiatives already take place within the
region in which the IBET would be established, including
other Department cross-border programs such as the Integrated
Cross-Border Maritime Law Enforcement Operation Program
established under section 711 of the Coast Guard and Maritime
Transportation Act of 2012 (46 U.S.C. 70101 note) or the
Border Enforcement Security Task Force established under
section 432.
``(3) Duplication of efforts.--In determining whether to
establish a new IBET or to expand an existing IBET in a given
region, the Secretary shall ensure that the IBET under
consideration does not duplicate the efforts of other
existing interagency task forces or centers within such
region, including the Integrated Cross-Border Maritime Law
Enforcement Operation Program established under section 711
of the Coast Guard and Maritime Transportation Act of 2012
(46 U.S.C. 70101 note) or the Border Enforcement Security
Task Force established under section 432.
``(d) Operation.--
``(1) In general.--After determining the regions in which
to establish IBETs, the Secretary may--
``(A) direct the assignment of Federal personnel to such
IBETs; and
``(B) take other actions to assist Federal, State, local,
and tribal entities to participate in such IBETs, including
providing financial assistance, as appropriate, for
operational, administrative, and technological costs
associated with such participation.
``(2) Limitation.--Coast Guard personnel assigned under
paragraph (1) may be assigned only for the purposes of
securing the maritime borders of the United States, in
accordance with subsection (c)(1)(C).
``(e) Coordination.--The Secretary shall coordinate the
IBET program with other similar border security and
antiterrorism programs within the Department in accordance
with the strategic objectives of the Cross-Border Law
Enforcement Advisory Committee.
``(f) Memoranda of Understanding.--The Secretary may enter
into memoranda of understanding with appropriate
representatives of the entities specified in subsection
(c)(1) necessary to carry out the IBET program.
``(g) Report.--Not later than 180 days after the date on
which an IBET is established and biannually thereafter for
the following six years, the Secretary shall submit to the
appropriate congressional committees, including the Committee
on Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of
the Senate, and in the case of Coast Guard personnel used to
secure the maritime borders of the United States,
additionally to the Committee on Transportation and
Infrastructure of the House of Representatives, a report
that--
``(1) describes the effectiveness of IBETs in fulfilling
the purposes specified in subsection (b);
``(2) assess the impact of certain challenges on the
sustainment of cross-border IBET operations, including
challenges faced by international partners;
``(3) addresses ways to support joint training for IBET
stakeholder agencies and radio interoperability to allow for
secure cross-border radio communications; and
``(4) assesses how IBETs, Border Enforcement Security Task
Forces, and the Integrated Cross-Border Maritime Law
Enforcement Operation Program can better align operations,
including interdiction and investigation activities.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 is amended by
adding after the item relating to section 419 the following
new item:
``Sec. 420. Immigration cooperation program.
``Sec. 420A. Air cargo advance screening.
``Sec. 420B. U.S. Customs and Border Protection Office of Air and
Marine Operations asset deployment.
``Sec. 420C. Integrated Border Enforcement Teams.''.
(c) Deadline for Air Cargo Advance Screening.--The
Commissioner of U.S. Customs and Border Protection shall
implement section 420A of the Homeland Security Act of 2002,
as added by this section, by not later than one year after
the date of the enactment of this Act.
SEC. 3. BORDER AND MARITIME SECURITY EFFICIENCIES.
(a) In General.--Subtitle C of title IV of the Homeland
Security Act of 2002 (6 U.S.C. 231 et seq.) is amended by
adding at the end the following new sections:
``SEC. 434. BORDER SECURITY JOINT TASK FORCES.
``(a) Establishment.--The Secretary shall establish and
operate the following departmental Joint Task Forces (in this
section referred to as `Joint Task Force') to conduct joint
operations using Department component and office personnel
and capabilities to secure the land and maritime borders of
the United States:
``(1) Joint task force-east.--Joint Task Force-East shall,
at the direction of the Secretary and in coordination with
Joint Task Force West, create and execute a strategic plan to
secure the land and maritime borders of the United States and
shall operate and be located in a place or region determined
by the Secretary.
``(2) Joint task force-west.--Joint Task Force-West shall,
at the direction of the Secretary and in coordination with
Joint Task Force East, create and execute a strategic plan to
secure the land and maritime borders of the United States and
shall operate and be located in a place or region determined
by the Secretary.
``(3) Joint task force-investigations.--Joint Task Force-
Investigations shall, at the direction of the Secretary, be
responsible for coordinating criminal investigations
supporting Joint Task Force-West and Joint Task Force-East.
``(b) Joint Task Force Directors.--The Secretary shall
appoint a Director to head each Joint Task Force. Each
Director shall be senior official selected from a relevant
component or office of the Department, rotating between
relevant components and offices every two years. The
Secretary may extend the appointment of a Director for up to
two additional years, if the Secretary determines that such
an extension is in the best interest of the Department.
``(c) Initial Appointments.--The Secretary shall make the
following appointments to the following Joint Task Forces:
``(1) The initial Director of Joint Task Force-East shall
be a senior officer of the Coast Guard.
``(2) The initial Director of Joint Task Force-West shall
be a senior official of U.S. Customs and Border Protection.
``(3) The initial Director of Joint Task Force-
Investigations shall be a senior official of U.S. Immigration
and Customs Enforcement.
``(d) Joint Task Force Deputy Directors.--The Secretary
shall appoint a Deputy Director for each Joint Task Force.
The Deputy Director of a Joint Task Force shall, to the
greatest extent practicable, be an official of a different
component or office than the Director of each Joint Task
Force.
``(e) Responsibilities.--Each Joint Task Force Director
shall--
``(1) identify and prioritize border and maritime security
threats to the homeland;
``(2) maintain situational awareness within their areas of
responsibility, as determined by the Secretary;
``(3) provide operational plans and requirements for
standard operating procedures and contingency operations;
``(4) plan and execute joint task force activities within
their areas of responsibility, as determined by the
Secretary;
``(5) set and accomplish strategic objectives through
integrated operational planning and execution;
``(6) exercise operational direction over personnel and
equipment from Department components and offices allocated to
the respective Joint Task Force to accomplish task force
objectives;
``(7) establish operational and investigative priorities
within the Director's operating areas;
``(8) coordinate with foreign governments and other
Federal, State, and local agencies, where appropriate, to
carry out the mission of the Director's Joint Task Force;
``(9) identify and provide to the Secretary the joint
mission requirements necessary to secure the land and
maritime borders of the United States; and
``(10) carry out other duties and powers the Secretary
determines appropriate.
``(f) Personnel and Resources of Joint Task Forces.--
``(1) In general.--The Secretary may, upon request of the
Director of a Joint Task Force, allocate on a temporary basis
component and office personnel and equipment to the
requesting Joint Task Force, with appropriate consideration
of risk given to the other primary missions of the
Department.
``(2) Consideration of impact.--When reviewing requests for
allocation of component personnel and equipment under
paragraph (1), the Secretary shall consider the impact of
such allocation on the ability of the donating component to
carry out the primary missions of the Department, and in the
case of the Coast Guard, the missions specified in section
888.
[[Page H1657]]
``(3) Limitation.--Personnel and equipment of the Coast
Guard allocated under this subsection may only be used to
carry out operations and investigations related to securing
the maritime borders of the United States.
``(g) Component Resource Authority.--As directed by the
Secretary--
``(1) each Director of a Joint Task Force shall be provided
sufficient resources from relevant components and offices of
the Department and the authority necessary to carry out the
missions and responsibilities required under this section;
``(2) the resources referred to in paragraph (1) shall be
under the operational authority, direction, and control of
the Director of the Joint Task Force to which such resources
were assigned; and
``(3) the personnel and equipment of the Joint Task Forces
shall remain under the administrative direction of its
primary component or office.
``(h) Joint Task Force Staff.--Each Joint Task Force shall
have a staff to assist the Directors in carrying out the
mission and responsibilities of the Joint Task Forces. Such
staff shall be filled by officials from relevant components
and offices of the Department.
``(i) Establishment of Performance Metrics.--The Secretary
shall--
``(1) establish performance metrics to evaluate the
effectiveness of the Joint Task Forces in securing the land
and maritime borders of the United States;
``(2) submit such metrics to the Committee on Homeland
Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate, and
in the case of metrics related to securing the maritime
borders of the United States, additionally to the Committee
on Transportation and Infrastructure of the House of
Representatives, by the date that is not later than 120 days
after the date of the enactment of this section; and
``(3) submit to such Committees--
``(A) an initial report that contains the evaluation
described in paragraph (1) by not later than January 31,
2017; and
``(B) a second report that contains such evaluation by not
later than January 31, 2018.
``(j) Joint Duty Training Program.--
``(1) In general.--The Secretary shall establish a
Department joint duty training program for the purposes of
enhancing departmental unity of efforts and promoting
workforce professional development. Such training shall be
tailored to improve joint operations as part of the Joint
Task Forces established under subsection (a).
``(2) Elements.--The joint duty training program
established under paragraph (1) shall address, at minimum,
the following topics:
``(A) National strategy.
``(B) Strategic and contingency planning.
``(C) Command and control of operations under joint
command.
``(D) International engagement.
``(E) The Homeland Security Enterprise.
``(F) Border security.
``(G) Interagency collaboration.
``(H) Leadership.
``(3) Officers and officials.--The joint duty training
program established under paragraph (1) shall consist of--
``(A) one course intended for mid-level officers and
officials of the Department assigned to or working with the
Joint Task Forces, and
``(B) one course intended for senior officers and officials
of the Department assigned to or working with the Joint Task
Forces,
to ensure a systematic, progressive, and career-long
development of such officers and officials in coordinating
and executing Department-wide joint planning and operations.
``(4) Training required.--
``(A) Directors and deputy directors.--Except as provided
in subparagraph (C), each Joint Task Force Director and
Deputy Director of a Joint Task Force shall complete relevant
parts of the joint duty training program under this
subsection prior to assignment to a Joint Task Force.
``(B) Joint task force staff.--All senior and mid-level
officers and officials serving on the staff of a Joint Task
Force shall complete relevant parts of the joint duty
training program under this subsection within the first year
of assignment to a Joint Task Force.
``(C) Exception.--Subparagraph (A) does not apply in the
case of the initial Directors and Deputy Directors of a Joint
Task Force.
``(k) Establishing Additional Joint Task Forces.--The
Secretary may establish additional Joint Task Forces for the
purposes of--
``(1) coordinating operations along the northern border of
the United States;
``(2) homeland security crises, subject to subsection (l);
``(3) establishing other regionally-based operations; or
``(4) cybersecurity.
``(l) Limitation on Additional Joint Task Forces.--
``(1) In general.--The Secretary may not establish a Joint
Task Force for any major disaster or emergency declared under
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.) or an incident for
which the Federal Emergency Management Agency has primary
responsibility for management of the response under title V
of this Act, including section 504(a)(3)(A), unless the
responsibilities of the Joint Task Force--
``(A) do not include operational functions related to
incident management, including coordination of operations;
and
``(B) are consistent with the requirements of sections
509(c), 503(c)(3), and 503(c)(4)(A) of this Act and section
302 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5143).
``(2) Responsibilities and functions not reduced.--Nothing
in this section reduces the responsibilities or functions of
the Federal Emergency Management Agency or the Administrator
of the Federal Emergency Management Agency under title V of
this Act, provisions of law enacted by the Post-Katrina
Emergency Management Reform Act of 2006 (Public Law 109-295),
and other laws, including the diversion of any asset,
function, or mission from the Federal Emergency Management
Agency or the Administrator of the Federal Emergency
Management Agency pursuant to section 506.
``(m) Notification.--
``(1) In general.--The Secretary shall submit a
notification to the Committee on Homeland Security of the
House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate, and in the
case of a Joint Task Force in which the Coast Guard will
participate or a Joint Task Force established under paragraph
(2) or (3) of subsection (k) to the Committee on
Transportation and Infrastructure of the House of
Representatives, 90 days prior to the establishment of the
Joint Task Force.
``(2) Waiver authority.--The Secretary may waive the
requirement of paragraph (1) in the event of an emergency
circumstance that imminently threatens the protection of
human life or the protection of property.
``(n) Review.--
``(1) In general.--The Inspector General of the Department
shall conduct a review of the Joint Task Forces established
under this section.
``(2) Contents.--The review required under paragraph (1)
shall include an assessment of the effectiveness of the Joint
Task Force structure in securing the land and maritime
borders of the United States, together with recommendations
for enhancements to such structure to further strengthen
border security.
``(3) Submission.--The Inspector General of the Department
shall submit to the Committee on Homeland Security and the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a report that contains the
review required under paragraph (1) by not later than January
31, 2018.
``(o) Definition.--In this section, the term `situational
awareness' means a knowledge and unified understanding of
unlawful cross-border activity, including threats and trends
concerning illicit trafficking and unlawful crossings, and
the ability to forecast future shifts in such threats and
trends, the ability to evaluate such threats and trends at a
level sufficient to create actionable plans, and the
operational capability to conduct continuous and integrated
surveillance of the land and maritime borders of the United
States.
``(p) Sunset.--This section expires on September 30, 2018.
``SEC. 435. UPDATES OF MARITIME OPERATIONS COORDINATION PLAN.
``(a) In General.--Not later than 180 days after the
enactment of this section, the Secretary shall submit to the
Committee on Homeland Security and the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a maritime operations
coordination plan for the coordination and cooperation of
maritime operations undertaken by components and offices of
the Department with responsibility for maritime security
missions. Such plan shall update the maritime operations
coordination plan released by the Department in July 2011,
and shall address the following:
``(1) Coordination of planning, integration of maritime
operations, and development of joint maritime domain
awareness efforts of any component or office of the
Department with responsibility for maritime homeland security
missions.
``(2) Maintaining effective information sharing and, as
appropriate, intelligence integration, with Federal, State,
and local officials and the private sector, regarding threats
to maritime security.
``(3) Leveraging existing departmental coordination
mechanisms, including the interagency operational centers as
authorized under section 70107A of title 46, United States
Code, Coast Guard's Regional Coordinating Mechanisms, the
U.S. Customs and Border Protection Air and Marine Operations
Center, the U.S. Customs and Border Protection Operational
Integration Center, and other regional maritime operational
command centers.
``(4) Cooperation and coordination with other departments
and agencies of the Federal Government, and State and local
agencies, in the maritime environment, in support of maritime
homeland security missions.
``(5) Work conducted within the context of other national
and Department maritime security strategic guidance.
``(b) Additional Updates.--Not later than July 1, 2020, the
Secretary, acting through the Department's Office of
Operations Coordination and Planning, shall submit to the
Committee on Homeland Security and the
[[Page H1658]]
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate an update to the maritime
operations coordination plan required under subsection
(a).''.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 is amended by
adding after the item relating to section 433 the following
new items:
``Sec. 434. Border Security Joint Task Forces.
``Sec. 435. Updates of maritime operations coordination plan.''.
SEC. 4. PUBLIC-PRIVATE PARTNERSHIPS.
(a) In General.--Title IV of the Homeland Security Act of
2002 (6 U.S.C. 201 et seq.) is amended by adding at the end
the following new subtitle:
``Subtitle G--U.S. Customs and Border Protection Public Private
Partnerships
``SEC. 481. FEE AGREEMENTS FOR CERTAIN SERVICES AT PORTS OF
ENTRY.
``(a) In General.--Notwithstanding section 13031(e) of the
Consolidated Omnibus Budget Reconciliation Act of 1985 (19
U.S.C. 58c(e)) and section 451 of the Tariff Act of 1930 (19
U.S.C. 1451), the Commissioner of U.S. Customs and Border
Protection may, upon the request of any entity, enter into a
fee agreement with such entity under which--
``(1) U.S. Customs and Border Protection shall provide
services described in subsection (c) at a United States port
of entry or any other facility at which U.S. Customs and
Border Protection provides or will provide such services;
``(2) such entity shall remit to U.S. Customs and Border
Protection a fee imposed under subsection (e) in an amount
equal to the full costs that are incurred or will be incurred
in providing such services; and
``(3) if space is provided by such entity, each facility at
which U.S. Customs and Border Protection services are
performed shall be maintained and equipped by such entity,
without cost to the Federal Government, in accordance with
U.S. Customs and Border Protection specifications.
``(b) Services Described.--The services described in this
section are any activities of any employee or contractor of
U.S. Customs and Border Protection pertaining to, or in
support of, customs, agricultural processing, border
security, or immigration inspection-related matters at a port
of entry or any other facility at which U.S. Customs and
Border Protection provides or will provide services.
``(c) Limitations.--
``(1) Impacts of services.--The Commissioner of U.S.
Customs and Border Protection--
``(A) may enter into fee agreements under this section only
for services that will increase or enhance the operational
capacity of U.S. Customs and Border Protection based on
available staffing and workload and that will not shift the
cost of services funded in any appropriations Act, or
provided from any account in the Treasury of the United
States derived by the collection of fees, to entities under
this Act; and
``(B) may not enter into a fee agreement under this section
if such agreement would unduly and permanently impact
services funded in any appropriations Act, or provided from
any account in the Treasury of the United States, derived by
the collection of fees.
``(2) Number.--There shall be no limit to the number of fee
agreements that the Commissioner of U.S. Customs and Border
Protection may enter into under this section.
``(d) Fee.--
``(1) In general.--The amount of the fee to be charged
pursuant to an agreement authorized under subsection (a)
shall be paid by each entity requesting U.S. Customs and
Border Protection services, and shall be for the full cost of
providing such services, including the salaries and expenses
of employees and contractors of U.S. Customs and Border
Protection, to provide such services and other costs incurred
by U.S. Customs and Border Protection relating to such
services, such as temporary placement or permanent relocation
of such employees and contractors.
``(2) Timing.--The Commissioner of U.S. Customs and Border
Protection may require that the fee referred to in paragraph
(1) be paid by each entity that has entered into a fee
agreement under subsection (a) with U.S. Customs and Border
Protection in advance of the performance of U.S. Customs and
Border Protection services.
``(3) Oversight of fees.--The Commissioner of U.S. Customs
and Border Protection shall develop a process to oversee the
services for which fees are charged pursuant to an agreement
under subsection (a), including the following:
``(A) A determination and report on the full costs of
providing such services, as well as a process for increasing
such fees, as necessary.
``(B) Establishment of a periodic remittance schedule to
replenish appropriations, accounts, or funds, as necessary.
``(C) Identification of costs paid by such fees.
``(e) Deposit of Funds.--
``(1) Account.--Funds collected pursuant to any agreement
entered into under subsection (a) shall be deposited as
offsetting collections, shall remain available until expended
without fiscal year limitation, and shall be credited to the
applicable appropriation, account, or fund for the amount
paid out of such appropriation, account, or fund for any
expenses incurred or to be incurred by U.S. Customs and
Border Protection in providing U.S. Customs and Border
Protection services under any such agreement and any other
costs incurred or to be incurred by U.S. Customs and Border
Protection relating to such services.
``(2) Return of unused funds.--The Commissioner of U.S.
Customs and Border Protection shall return any unused funds
collected and deposited into the account described in
paragraph (1) in the event that a fee agreement entered into
under subsection (a) is terminated for any reason, or in the
event that the terms of such fee agreement change by mutual
agreement to cause a reduction of U.S. Customs and Border
Protections services. No interest shall be owed upon the
return of any such unused funds.
``(f) Termination.--
``(1) In general.--The Commissioner of U.S. Customs and
Border Protection shall terminate the provision of services
pursuant to a fee agreement entered into under subsection (a)
with an entity that, after receiving notice from the
Commissioner that a fee under subsection (d) is due, fails to
pay such fee in a timely manner. In the event of such
termination, all costs incurred by U.S. Customs and Border
Protection which have not been paid shall become immediately
due and payable. Interest on unpaid fees shall accrue based
on the rate and amount established under sections 6621 and
6622 of the Internal Revenue Code of 1986.
``(2) Penalty.--Any entity that, after notice and demand
for payment of any fee under subsection (d), fails to pay
such fee in a timely manner shall be liable for a penalty or
liquidated damage equal to two times the amount of such fee.
Any such amount collected pursuant to this paragraph shall be
deposited into the appropriate account specified under
subsection (e) and shall be available as described in such
subsection.
``(g) Annual Report.--The Commissioner of U.S. Customs and
Border Protection shall submit to the Committee on Homeland
Security, the Committee on Appropriations, and the Committee
on Ways and Means of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs, the
Committee on Appropriations, and the Committee on Finance of
the Senate an annual report identifying the activities
undertaken and the agreements entered into pursuant to this
section.
``(h) Rule of Construction.--Nothing in this section may be
construed as imposing in any manner on U.S. Customs and
Border Protection any responsibilities, duties, or
authorities relating to real property.
``SEC. 482. PORT OF ENTRY DONATION AUTHORITY.
``(a) Personal Property Donation Authority.--
``(1) In general.--The Commissioner of U.S. Customs and
Border Protection, in consultation with the Administrator of
General Services, may enter into an agreement with any entity
to accept a donation of personal property, money, or
nonpersonal services for uses described in paragraph (3) only
with respect to the following locations at which U.S. Customs
and Border Protection performs or will be performing
inspection services:
``(A) A new or existing sea or air port of entry.
``(B) An existing Federal Government-owned land port of
entry.
``(C) A new Federal Government-owned land port of entry
if--
``(i) the fair market value of the donation is $50,000,000
or less; and
``(ii) the fair market value, including any personal and
real property donations in total, of such port of entry when
completed, is $50,000,000 or less.
``(2) Limitation on monetary donations.--Any monetary
donation accepted pursuant to this subsection may not be used
to pay the salaries of U.S. Customs and Border Protection
employees performing inspection services.
``(3) Use.--Donations accepted pursuant to this subsection
may be used for activities related to a new or existing sea
or air port of entry or a new or existing Federal Government-
owned land port of entry described in paragraph (1),
including expenses related to--
``(A) furniture, fixtures, equipment, or technology,
including installation or the deployment thereof; and
``(B) operation and maintenance of such furniture,
fixtures, equipment, or technology.
``(b) Real Property Donation Authority.--
``(1) In general.--Subject to paragraph (3), the
Commissioner of U.S. Customs and Border Protection, and the
Administrator of the General Services Administration, as
applicable, may enter into an agreement with any entity to
accept a donation of real property or money for uses
described in paragraph (2) only with respect to the following
locations at which U.S. Customs and Border Protection
performs or will be performing inspection services:
``(A) A new or existing sea or air port of entry.
``(B) An existing Federal Government-owned land port of
entry.
``(C) A new Federal Government-owned land port of entry
if--
``(i) the fair market value of the donation is $50,000,000
or less; and
``(ii) the fair market value, including any personal and
real property donations in
[[Page H1659]]
total, of such port of entry when completed, is $50,000,000
or less.
``(2) Use.--Donations accepted pursuant to this subsection
may be used for activities related to construction,
alteration, operation, or maintenance of a new or existing
sea or air port of entry or a new or existing a Federal
Government-owned land port of entry described in paragraph
(1), including expenses related to--
``(A) land acquisition, design, construction, repair, or
alteration; and
``(B) operation and maintenance of such port of entry
facility.
``(3) Limitation on real property donations.--A donation of
real property under this subsection at an existing land port
of entry owned by the General Services Administration may
only be accepted by the Administrator of General Services.
``(4) Sunset.--
``(A) In general.--The authority to enter into an agreement
under this subsection shall terminate on the date that is
five years after the date of the enactment of this
subsection.
``(B) Rule of construction.--The termination date referred
to in subparagraph (A) shall not apply to carrying out the
terms of an agreement under this subsection if such agreement
is entered into before such termination date.
``(c) General Provisions.--
``(1) Duration.--An agreement entered into under subsection
(a) or (b) (and, in the case of such subsection (b), in
accordance with paragraph (4) of such subsection) may last as
long as required to meet the terms of such agreement.
``(2) Criteria.--In carrying out agreements entered into
under subsection (a) or (b), the Commissioner of U.S. Customs
and Border Protection, in consultation with the Administrator
of General Services, shall establish criteria that includes
the following:
``(A) Selection and evaluation of donors.
``(B) Identification of roles and responsibilities between
U.S. Customs and Border Protection, the General Services
Administration, as applicable, and donors.
``(C) Identification, allocation, and management of
explicit and implicit risks of partnering between the Federal
Government and donors.
``(C) Decision-making and dispute resolution processes.
``(D) Processes for U.S. Customs and Border Protection, and
the General Services Administration, as applicable, to
terminate agreements if selected donors are not meeting the
terms of any such agreement, including the security standards
established by U.S. Customs and Border Protection.
``(3) Evaluation procedures.--
``(A) In general.--The Commissioner of U.S. Customs and
Border Protection, in consultation with the Administrator of
General Services, as applicable, shall--
``(i) establish criteria for evaluating a proposal to enter
into an agreement under subsection (a) or (b); and
``(ii) make such criteria publicly available.
``(B) Considerations.--Criteria established pursuant to
subparagraph (A) shall consider the following:
``(i) The impact of a proposal referred to in such
subparagraph on the land, sea, or air port of entry at issue
and other ports of entry or similar facilities or other
infrastructure near the location of the proposed donation.
``(ii) Such proposal's potential to increase trade and
travel efficiency through added capacity.
``(iii) Such proposal's potential to enhance the security
of the port of entry at issue.
``(iv) For a donation under subsection (b)--
``(I) whether such donation satisfies the requirements of
such proposal, or whether additional real property would be
required; and
``(II) an explanation of how such donation was acquired,
including if eminent domain was used.
``(v) The funding available to complete the intended use of
such donation.
``(iv) The costs of maintaining and operating such
donation.
``(v) The impact of such proposal on U.S. Customs and
Border Protection staffing requirements.
``(vi) Other factors that the Commissioner or Administrator
determines to be relevant.
``(C) Determination and notification.--Not later than 180
days after receiving a proposal to enter into an agreement
under subsection (a) or (b), the Commissioner of U.S. Customs
and Border Protection, with the concurrence of the
Administrator of General Services, as applicable, shall make
a determination to deny or approve such proposal, and shall
notify the entity that submitted such proposal of such
determination.
``(4) Supplemental funding.--Except as required under
section 3307 of title 40, United States Code, for real
property donations to the Administrator of General Services
at a GSA-owned land port of entry, donations made pursuant to
subsection (a) and (b) may be used in addition to any other
funding for such purpose, including appropriated funds,
property, or services.
``(5) Return of donations.--The Commissioner of U.S.
Customs and Border Protection, or the Administrator of
General Services, as applicable, may return any donation made
pursuant to subsection (a) or (b). No interest shall be owed
to the donor with respect to any donation provided under such
subsections that is returned pursuant to this subsection.
``(6) Prohibition on certain funding.--Except as provided
in subsections (a) and (b) regarding the acceptance of
donations, the Commissioner of U.S. Customs and Border
Protection and the Administrator of General Services, as
applicable, may not, with respect to an agreement entered
into under either of such subsections, obligate or expend
amounts in excess of amounts that have been appropriated
pursuant to any appropriations Act for purposes specified in
either of such subsections or otherwise made available for
any of such purposes.
``(7) Annual reports.--The Commissioner of U.S. Customs and
Border Protection, in collaboration with the Administrator of
General Services, as applicable, shall submit to the
Committee on Homeland Security, the Committee on
Transportation and Infrastructure, and the Committee on
Appropriations of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs, the
Committee on Environment and Public Works, and the Committee
on Appropriations of the Senate an annual report identifying
the activities undertaken and agreements entered into
pursuant to subsections (a) and (b).
``(d) Rule of Construction.--Except as otherwise provided
in this section, nothing in this section may be construed as
affecting in any manner the responsibilities, duties, or
authorities of U.S. Customs and Border Protection or the
General Services Administration.
``SEC. 483. CURRENT AND PROPOSED AGREEMENTS.
``Nothing in this subtitle may be construed as affecting in
any manner--
``(1) any agreement entered into pursuant to section 560 of
division D of the Consolidated and Further Continuing
Appropriations Act, 2013 (Public Law 113-6) or section 559 of
title V of division F of the Consolidated Appropriations Act,
2014 (6 U.S.C. 211 note; Public Law 113-76), as in existence
on the day before the date of the enactment of this subtitle,
and any such agreement shall continue to have full force and
effect on and after such date; or
``(2) a proposal accepted for consideration by U.S. Customs
and Border Protection pursuant to such section 559, as in
existence on the day before such date of enactment.
``SEC. 484. DEFINITIONS.
``In this subtitle:
``(1) Donor.--The term `donor' means any entity that is
proposing to make a donation under this Act.
``(2) Entity.--The term `entity' means any--
``(A) person;
``(B) partnership, corporation, trust, estate, cooperative,
association, or any other organized group of persons;
``(C) Federal, State or local government (including any
subdivision, agency or instrumentality thereof); or
``(D) any other private or governmental entity.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 is amended by
adding at the end of the list of items relating to title IV
the following new items:
``Subtitle G--U.S. Customs and Border Protection Public Private
Partnerships
``Sec. 481. Fee agreements for certain services at ports of entry.
``Sec. 482. Port of entry donation authority.
``Sec. 483. Current and proposed agreements.
``Sec. 484. Definitions.''.
(c) Repeals.--Section 560 of division D of the Consolidated
and Further Continuing Appropriations Act, 2013 (Public Law
113-6) and section 559 of title V of division F of the
Consolidated Appropriations Act, 2014 (6 U.S.C. 211 note;
Public Law 113-76) are repealed.
SEC. 5. ESTABLISHMENT OF THE OFFICE OF BIOMETRIC IDENTITY
MANAGEMENT.
(a) In General.--Title VII of the Homeland Security Act of
2002 (6 U.S.C. 341, et. seq.) is amended by adding at the end
the following new section:
``SEC. 708. OFFICE OF BIOMETRIC IDENTITY MANAGEMENT.
``(a) Establishment.--The Office of Biometric Identity
Management is established within the Department.
``(b) Director.--
``(1) In general.--The Office of Biometric Identity
Management shall be administered by the Director of the
Office of Biometric Identity Management (in this section
referred to as the `Director') who shall report to the
Secretary, or to another official of the Department, as the
Secretary may direct.
``(2) Qualifications and duties.--The Director shall--
``(A) have significant professional management experience,
as well as experience in the field of biometrics and identity
management;
``(B) lead the Department's biometric identity services to
support anti-terrorism, counter-terrorism, border security,
credentialing, national security, and public safety and
enable operational missions across the Department by
matching, storing, sharing, and analyzing biometric data;
``(C) deliver biometric identity information and analysis
capabilities to--
``(i) the Department and its components;
``(ii) appropriate Federal, State, local, and tribal
agencies;
``(iii) appropriate foreign governments; and
``(iv) appropriate private sector entities;
``(D) support the law enforcement, public safety, national
security, and homeland security missions of other Federal,
State, local and tribal agencies, as appropriate;
[[Page H1660]]
``(E) establish and manage the operation and maintenance of
the Department's sole biometric repository;
``(F) establish, manage, and operate Biometric Support
Centers to provide biometric identification and verification
analysis and services to the Department, appropriate Federal,
State, local, and tribal agencies, appropriate foreign
governments, and appropriate private sector entities;
``(G) in collaboration with the Undersecretary for Science
and Technology, establish a Department-wide research and
development program to support efforts in assessment,
development, and exploration of biometric advancements and
emerging technologies;
``(H) oversee Department-wide standards for biometric
conformity, and work to make such standards Government-wide;
``(I) in coordination with the Department's Office of
Policy, and in consultation with relevant component offices
and headquarters offices, enter into data sharing agreements
with appropriate Federal agencies to support immigration, law
enforcement, national security, and public safety missions;
``(J) maximize interoperability with other Federal, State,
local, and international biometric systems, as appropriate;
and
``(K) carry out the duties and powers prescribed by law or
delegated by the Secretary.
``(c) Deputy Director.--There shall be in the Office of
Biometric Identity Management a Deputy Director, who shall
assist the Director in the management of the Office.
``(d) Chief Technology Officer.--
``(1) In general.--There shall be in the Office of
Biometric Identity Management a Chief Technology Officer.
``(2) Duties.--The Chief Technology Officer shall--
``(A) ensure compliance with policies, processes,
standards, guidelines, and procedures related to information
technology systems management, enterprise architecture, and
data management;
``(B) provide engineering and enterprise architecture
guidance and direction to the Office of Biometric Identity
Management; and
``(C) leverage emerging biometric technologies to recommend
improvements to major enterprise applications, identify tools
to optimize information technology systems performance, and
develop and promote joint technology solutions to improve
services to enhance mission effectiveness.
``(e) Other Authorities.--
``(1) In general.--The Director may establish such other
offices within the Office of Biometric Identity Management as
the Director determines necessary to carry out the missions,
duties, functions, and authorities of the Office.
``(2) Notification.--If the Director exercises the
authority provided by paragraph (1), the Director shall
notify the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate not later than 30 days
before exercising such authority.''.
(b) Transfer Limitation.--The Secretary of Homeland
Security may not transfer the location or reporting structure
of the Office of Biometric Identity Management (established
by section 708 of the Homeland Security Act of 2002, as added
by subsection (a) of this section) to any component of the
Department of Homeland Security.
(c) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 is amended by
adding after the item relating to section 707 the following
new item:
``Sec. 708. Office of Biometric Identity Management.''.
SEC. 6. COST-BENEFIT ANALYSIS OF CO-LOCATING OPERATIONAL
ENTITIES.
(a) In General.--For any location in which U.S. Customs and
Border Protection's Office of Air and Marine Operations is
based within 45 miles of locations where any other Department
of Homeland Security agency also operates air and marine
assets, the Secretary of Homeland Security shall conduct a
cost-benefit analysis to consider the potential cost of and
savings derived from co-locating aviation and maritime
operational assets of the respective agencies of the
Department. In analyzing such potential cost savings achieved
by sharing aviation and maritime facilities, such analysis
shall consider, at a minimum, the following factors:
(1) Potential enhanced cooperation derived from Department
personnel being co-located.
(2) Potential costs of, and savings derived through, shared
maintenance and logistics facilities and activities.
(3) Joint use of base and facility infrastructure, such as
runways, hangars, control towers, operations centers, piers
and docks, boathouses, and fuel depots.
(4) Potential operational costs of co-locating aviation and
maritime assets and personnel.
(5) Short term moving costs required in order to co-locate
facilities.
(6) Acquisition and infrastructure costs for enlarging
current facilities, as needed.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Homeland Security
shall submit to the Committee on Homeland Security and the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a report summarizing the
results of the cost-benefit analysis required under
subsection (a) and any planned actions based upon such
results.
SEC. 7. STRATEGIC PERSONNEL PLAN FOR U.S. CUSTOMS AND BORDER
PROTECTION PERSONNEL DEPLOYED ABROAD.
(a) In General.--Not later than 270 days of after the date
of the enactment of this Act, the Commissioner of U.S.
Customs and Border Protection shall provide to the Committee
on Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of
the Senate a three year strategic plan for deployment of U.S.
Customs and Border Protection (in this section referred to as
``CBP'') personnel to locations outside the United States.
(b) Contents.--The plan required under subsection (a) shall
include the following:
(1) A risk-based method for determining expansion of CBP
international programs to new locations, given resource
constraints.
(2) A plan to ensure CBP personnel deployed at locations
outside the United States have appropriate oversight and
support to ensure performance in support of program goals.
(3) Information on planned future deployments of CBP
personnel for a three year period, together with
corresponding information on locations for such deployments
outside the United States.
(c) Considerations.--In preparing the plan required under
subsection (a), the Commissioner of U.S. Customs and Border
Protection shall consider, and include information on, the
following:
(1) Existing CBP programs in operation outside of the
United States, together with specific information on
locations outside the United States in which each such
program operates.
(2) The number of CBP personnel deployed at each location
outside the United States during the preceding fiscal year.
SEC. 8. THREAT ASSESSMENT FOR UNITED STATES-BOUND
INTERNATIONAL MAIL.
Not later than 180 days after the date of the enactment of
this Act, the Commissioner of U.S. Customs and Border
Protection shall submit to the Committee on Homeland Security
of the House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate an assessment
of the security threats posed by United States-bound
international mail.
SEC. 9. EVALUATION OF COAST GUARD DEPLOYABLE SPECIALIZED
FORCES.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit to the Committee on Homeland
Security and the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs and
the Committee on Commerce, Science, and Transportation of the
Senate a report that describes and assesses the state of the
Coast Guard's Deployable Specialized Forces (in this section
referred to as the ``DSF''). Such report shall include, at a
minimum, the following elements:
(1) For each of the past three fiscal years, and for each
type of DSF, the following:
(A) A cost analysis, including training, operating, and
travel costs.
(B) The number of personnel assigned.
(C) The total number of units.
(D) The total number of operations conducted.
(E) The number of operations requested by each of the
following:
(i) The Coast Guard.
(ii) Other components or offices of the Department of
Homeland Security.
(iii) Other Federal departments or agencies.
(iv) State agencies.
(v) Local agencies.
(F) The number of operations fulfilled by the entities
specified in subparagraph (E).
(2) Mission impact, feasibility, and cost, including
potential cost savings, of locating DSF capabilities,
including the following scenarios:
(A) Combining DSFs, primarily focused on counterdrug
operations, under one centralized command.
(B) Distributing counter-terrorism and anti-terrorism
capabilities to DSFs in each major United States port.
(b) Deployable Specialized Force Defined.--In this section,
the term ``Deployable Specialized Force'' means a unit of the
Coast Guard that serves as a quick reaction force designed to
be deployed to handle counter-drug, counter-terrorism, and
anti-terrorism operations or other maritime threats to the
United States.
SEC. 10. CUSTOMS-TRADE PARTNERSHIP AGAINST TERRORISM
IMPROVEMENT.
(a) C-TPAT Exporters.--Section 212 of the Security and
Accountability for Every Port Act of 2006 (6 U.S.C. 962) is
amended by inserting ``exporters,'' after ``Importers,''.
(b) Recognition of Other Countries' Trusted Shipper
Programs.--
(1) In general.--Section 218 of the Security and
Accountability for Every Port Act of 2006 (6 U.S.C. 968) is
amended to read as follows:
``SEC. 218. RECOGNITION OF OTHER COUNTRIES' TRUSTED SHIPPER
PROGRAMS.
``Not later than 30 days before signing an arrangement
between the United States and a foreign government providing
for mutual recognition of supply chain security practices
which might result in the utilization of benefits described
in section 214, 215, or 216, the Secretary shall--
[[Page H1661]]
``(1) notify the appropriate congressional committees of
the proposed terms of such arrangement; and
``(2) determine, in consultation with the Commissioner,
that such foreign government's supply chain security program
provides comparable security as that provided by C-TPAT.''.
(2) Clerical amendment.--The table of contents in section
1(b) of the Security and Accountability for Every Port Act of
2006 is amended by amending the item relating to section 218
to read as follows:
``Sec. 218. Recognition of other countries' trusted shipper
programs.''.
SEC. 11. STRATEGIC PLAN TO ENHANCE THE SECURITY OF THE
INTERNATIONAL SUPPLY CHAIN.
Paragraph (2) of section 201(g) of the Security and
Accountability for Every Port Act of 2006 (6 U.S.C. 941) is
amended to read as follows:
``(2) Updates.--Not later than 270 days after the date of
the enactment of this paragraph and every three years
thereafter, the Secretary shall submit to the appropriate
congressional committees a report that contains an update of
the strategic plan described in paragraph (1).''.
SEC. 12. CONTAINER SECURITY INITIATIVE.
Subsection (l) of section 205 of the Security and
Accountability for Every Port Act of 2006 (6 U.S.C. 945) is
amended--
(1) by striking ``(1) In general.--Not later than September
30, 2007,'' and inserting ``Not later than 270 days after the
date of the enactment of the Border and Maritime Security
Coordination Improvement Act,'';
(2) by redesignating subparagraphs (A) through (H) as
paragraphs (1) through (8), respectively (and by moving the
margins of such paragraphs 2 ems to the left); and
(3) by striking paragraph (2).
SEC. 13. TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL
WAIVER AND APPEALS PROCESS.
(a) In General.--Section 70105 of title 46, United States
Code, is amended by adding at the end the following new
section:
``(r) Securing the Transportation Worker Identification
Credential Against Use by Unauthorized Aliens.--
``(1) In general.--The Secretary, acting through the
Administrator of the Transportation Security Administration,
shall seek to strengthen the integrity of transportation
security cards issued under this section against improper
access by an individual who is not lawfully present in the
United States.
``(2) Components.--In carrying out subsection (a), the
Administrator of the Transportation Security Administration
shall--
``(A) publish a list of documents that will identify non-
United States citizen transportation security card applicants
and verify the immigration statuses of such applicants by
requiring each such applicant to produce a document or
documents that demonstrate--
``(i) identity; and
``(ii) proof of lawful presence in the United States; and
``(B) enhance training requirements to ensure that trusted
agents at transportation security card enrollment centers
receive training to identify fraudulent documents.
``(3) Expiration.--A transportation security card issued
under this section expires on the date of its expiration or
on the date on which the individual to whom such card is
issued is no longer lawfully entitled to be present in the
United States, whichever is earlier.''.
(b) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Homeland Security
shall provide to the Committee on Homeland Security of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate information on the
following:
(1) The average time for the completion of an appeal under
the appeals process established pursuant to paragraph (4) of
subsection (c) of section 70105 of title 46, United States
Code.
(2) The most common reasons for any delays at each step in
such process.
(3) Recommendations on how to resolve any such delays as
expeditiously as possible.
SEC. 14. REPEALS.
The following provisions of the Security and Accountability
for Every Port Act of 2006 (Public Law 109-347) are repealed:
(1) Section 105 (and the item relating to such section in
the table of contents of such Act).
(2) Subsection (c) of section 108.
(3) Subsections (c), (d), and (e) of section 121 (6 U.S.C.
921).
(4) Section 122 (6 U.S.C. 922) (and the item relating to
such section in the table of contents of such Act).
(5) Section 127 (and the item relating to such section in
the table of contents of such Act).
(6) Subsection (c) of section 233 (6 U.S.C. 983).
(7) Section 235 (6 U.S.C. 984) (and the item relating to
such section in the table of contents of such Act).
(8) Section 701 (and the item relating to such section in
the table of contents of such Act).
(9) Section 708 (and the item relating to such section in
the table of contents of such Act).
The SPEAKER pro tempore (Mr. Donovan). Pursuant to the rule, the
gentlewoman from Michigan (Mrs. Miller) and the gentleman from New
Jersey (Mr. Payne) each will control 20 minutes.
The Chair recognizes the gentlewoman from Michigan.
General Leave
Mrs. MILLER of Michigan. Mr. Speaker, I ask unanimous consent that
all Members may have 5 legislative days in which to revise and extend
their remarks and include any extraneous materials on the bill under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Michigan?
There was no objection.
Mrs. MILLER of Michigan. Mr. Speaker, I yield myself such time as I
may consume.
Mr. Speaker, I rise today in strong support of H.R. 3586, the Border
and Maritime Coordination Improvement Act. I believe that this bill
will provide the Department of Homeland Security the tools and the
authority to find efficiencies to improve operations amongst all of its
various components.
In 2003, the Department of Homeland Security was cobbled together
from 22 different offices and agencies--a very huge logistical and
management challenge. We knew that there would be significant growing
pains before that agency would function well and as a unified
department.
Each component of the Department, be it Customs and Border Protection
or Immigration and Customs Enforcement or the U.S. Coast Guard, has a
tendency to sort of operate in their own silo, without the coordination
required to make border and maritime security efforts as successful as
they should be and can be.
This has had a negative effect, actually, on logistics, on
communications, and, most importantly, on operations. In an attempt to
adopt a better structure with a goal of enhancing border security and
maritime security operations, this legislation, Mr. Speaker, authorizes
joint task forces on border security.
The goal of these task forces is to improve border security outcomes,
and this legislation provides explicit authority to guide the task
force operations and to allow this pilot concept to be utilized to
secure our borders.
While this concept is not unique, we intentionally provided a sunset
date for the joint task force authority to give the next administration
the opportunity to come back to the Homeland Security Committee and to
the next Congress to demonstrate that this organizational structure has
really contributed to border security, and it is not just simply
another layer of bureaucracy.
The second part of this bill, Mr. Speaker, requires the Department to
take a very hard look at potential efficiencies in its maritime
security efforts. During my time as the chair of the Subcommittee on
Border and Maritime Security, we held hearings with CBP that address
some of the overlap and the redundancies in the maritime environment,
particularly with the units of the Coast Guard and the CBP Air and
Marine Operations that, in many cases, are in very close geographic
proximity.
This bill also requires CBP's Office of Field Operations, the Air and
Marine Operations, and the Coast Guard to evaluate their role in the
maritime and supply chain security to ensure that their missions are
consistent with our current threats and to find ways to consolidate
operations, where possible. We think these steps are commonsense, and I
certainly think that they will help save our taxpayers a number of
dollars, and, most importantly, improve operations and coordinations
for our homeland security.
Again, finding creative ways to fund the staffing and infrastructure
needs at our Nation's aging ports of entry was really the driving force
behind another piece of this legislation, which is the permanent
authorization of CBP's Public-Private Partnership program, which is
also included in this legislation.
Allowing public and private sector port of entry operators and others
to enter into agreements with CBP to fund small-scale infrastructure
expansion or to fund overtime needs will improve security and, as well,
increase the flow of commerce that is so vital to our economy.
I want to specifically thank the gentleman from Texas (Mr. Hurd), who
[[Page H1662]]
will be speaking in just a moment, for offering the amendment, Mr.
Speaker, during the markup regarding the authorization of public-
private partnerships. His leadership on this issue has been absolutely
vital to bringing this legislation to the floor today.
I certainly also want to thank Chairman Shuster and Representative
Barletta from the Transportation and Infrastructure Committee for
working so diligently with us on this particular provision.
Lastly, this bill authorizes the Department's Office of Biometric
Identity Management, or OBIM as we call it, for the first time. Since
2003, biometrics have been a very important part of the Nation's border
security efforts.
The biometric service OBIM provides is not limited to any one
component. It is a department and a government-wide asset. For that
reason, we believe that it should not be located in a single component,
like the CBP, where the information could, again, be siloed to the
detriment of other Department of Homeland Security components. In order
for biometrics to be used to their very fullest potential, we think we
need to appropriately fund and modernize the data systems that power
the matching and the collection of biometric information.
Mr. Speaker, our borders can and should be secured. We believe that
this bill provides a framework to really help organize the Department
for success and to improve the coordination of border and maritime
security components whose job it is to secure our great Nation.
Lastly, I would like to also thank the ranking member of our
committee, Mr. Thompson, and the ranking member on our subcommittee,
Mr. Vela, as well as all of their staffs, for working with us in the
spirit of bipartisanship to strengthen our security.
I ask our colleagues to support this commonsense bill.
I reserve the balance of my time.
Mr. PAYNE. Mr. Speaker, I yield myself such time as I may consume.
I rise in support of H.R. 3586, the Border and Maritime Coordination
Improvement Act of 2015.
Mr. Speaker, this legislation aims to improve the unity of effort
between the various DHS components charged with securing our land and
maritime borders. H.R. 3586 also seeks to push out border security to
mitigate threats at the earliest possible point. Collaboration and
cooperation are vital to ensuring our efforts are efficient and
effective.
H.R. 3586 allows the Department to leverage the capabilities of its
components, such as Customs and Border Protection and the U.S. Coast
Guard, to improve its approach to our border and maritime security.
The bill requires the Department to assess the use of its resources,
air and marine assets, and personnel deployed both domestically and
abroad in order to identify opportunities to better coordinate and
streamline its operations and ensure the success of its border and
maritime security missions.
H.R. 3586 also formally authorizes the DHS Secretary's Border
Security Joint Task Forces, which utilize Department component
personnel and capabilities, to secure the land and maritime borders of
the United States.
These tasks were launched in May of 2014 through the Secretary's
Southern Border and Approaches Campaign and represents a more
collaborative approach to border security missions than we have
previously seen.
H.R. 3586 also authorizes two programs specifically intended to
bolster the Department's ability to identify and prevent threats from
entering the United States via commercial aircraft--the Air Cargo
Advance Screening pilot and the Immigration Advisory Program. Through
these two programs, DHS is able to thoroughly screen and vet cargo and
passengers coming to the United States from abroad on commercial
airplanes and share information with international partners prior to
departure.
There is strong bipartisan support and interest in strengthening and
improving our border and maritime security efforts among my colleagues
on the Committee on Homeland Security. I urge my colleagues in the
House to support H.R. 3586 as well.
I reserve the balance of my time.
Mrs. MILLER of Michigan. Mr. Speaker, I yield such time as he may
consume to the distinguished gentleman from Texas (Mr. Hurd), from the
23rd Congressional District, who actually has 800 miles of the
southwest border in his district.
Mr. HURD of Texas. Mr. Speaker, as the representative of dozens of
border communities in Texas, I take the obligation to stand up for them
seriously. Improvements to security are a key portion of this bill.
However, I have long maintained that they are not enough and they are
not the only part of a successful border strategy.
Trade is the lifeblood of many of these communities. Yet, far too
often they find themselves relying on ports of entry that are
understaffed and out of date. This limits growth and strains the ties
of the local communities. In many cases, they want to do more to expand
on the Federal resources that currently exist. Public-private
partnerships are key to enabling this.
Let me be clear: port of entry infrastructure is a Federal
responsibility, but that doesn't mean that local communities and
businesses shouldn't be able to pitch in.
Since January 2014, the Public-Private Partnership pilot program run
through the Customs and Border Protection has made a difference. It has
enhanced the ability of CBP to increase resources and decrease wait
times at ports of entry. This program provides guidance for
reimbursable services and allows CBP to tailor its services to the
needs of the stakeholders while meeting the demands associated with
decreasing budgets.
Both CBP and stakeholders have been exceedingly pleased with the
results of this pilot program. Unfortunately, it could come to an end.
In an effort to ensure the longevity of this program, language in the
bill permanently authorizes portions of the Public-Private Partnership
program for reimbursable services and donation authority and it
establishes a framework to guide its implementation in a responsible
manner.
Public-private partnership authority for CBP is a critical issue for
border communities like mine and has proven to be an essential tool to
reduce wait times at the border and enhance the security of the
homeland. I believe that we can secure our border and facilitate the
flow of goods and services at the same time. The public-private
partnerships that would be codified by this law will ensure just that.
I would like to thank Representative Miller for her leadership on
this issue, and I urge my colleagues to support this legislation.
{time} 1430
Mr. PAYNE. Mr. Speaker, I yield myself such time as I may consume.
H.R. 3586 helps enhance the coordination and cooperation among DHS'
border security components, and it authorizes integral border security
programs that enhance homeland security.
I urge my colleagues to support the bill.
Mr. Speaker, I yield back the balance of my time.
Mrs. MILLER of Michigan. Mr. Speaker, I yield myself such time as I
may consume.
When we think about some of the remunerative responsibilities that
Members of Congress have, certainly, securing our border is one of the
most important. As we can see by what is happening this year throughout
the country, there is an enormous amount of interest in making sure
that we do secure our border. I feel that this piece of legislation is
a critical component but that it is not nearly what we need to be doing
to secure our border. We would like to see a border security bill come
to the floor. At any rate, I think this is a very, very important piece
of legislation.
Again, it is important to note that this has been a bipartisan effort
on this legislation, and I certainly appreciate the consideration and
the work that we have achieved together, both Democrats and
Republicans, as we have worked to secure our borders. I urge my
colleagues to support H.R. 3586.
Mr. Speaker, I yield back the balance of my time.
Ms. JACKSON LEE. Mr. Speaker, as a senior member of the Homeland
Security Committee, and former ranking member of its Border and
Maritime Security Subcommittee, I rise in support of H.R. 3586, the
``Border and Maritime Coordination Improvement Act.''
Our Nation has thousands of miles of coastlines, lakes, and rivers
and hundreds of ports
[[Page H1663]]
that provide opportunities for legitimate travel, trade, and
recreation.
There are currently 328 ports of entry to the U.S., including 167
land ports of entry with Canada and Mexico, staffed by approximately
21,000 CBP officers in the U.S. and abroad.
There are more people and goods coming through our ports of entry
than ever before.
Last fiscal year, CBP inspected more than 360 million travelers at
our air, land, and sea ports of entry.
Since 2009, we have seen growth in both trade and travel.
In Fiscal Year 2013, total passenger volume was 6.4% higher and total
import value was nearly 40% higher than in Fiscal Year 2011.
Houston's George Bush International and the William P. Hobby Airports
are vital hubs for domestic and international air travel:
1. Nearly 40 million passengers traveled through Bush International
Airport (IAH) and an additional 10 million traveled through William P.
Hobby (HOU);
2. More than 650 daily departures occur at IAH;
3. IAH is the 11th busiest airport in the U.S. for total passenger
traffic; and
4. IAH has 12 all-cargo airlines that handled more than 419,205
metric tons of cargo in 2012.
It was reported in October 2015 that the William P. Hobby Airport has
opened a new 280,000 ft complex that includes 5 gates for its
international concourse in an effort to re-establish the airport's
daily international air service.
The addition is expected to support travel service for nearly 7,500
international passengers and 25 departing flights a day.
At the same time, these waterways offer opportunities for terrorists
and their instruments, drug smugglers, and undocumented persons to
enter our country.
Protecting the nation's border--land, air, and sea--from illegal
entry of people, weapons, drugs, and contraband is vital to our
homeland security, as well as economic prosperity.
The Border and Maritime Coordination Improvement Act:
Creates an office of Biometric Identity Management;
Establishes the Border Security Joint Task Forces in the East, West
and for investigations;
Updates the Maritime Operations Coordination Plan;
Establishes an Asset Development for the U.S. Customs and Border
Protection Office of Air and Marine;
Secures the Transportation Worker Identification credential against
use by unauthorized aliens;
Creates a cost-benefit analysis of co-locating operational entities;
Evaluates the Coast Guard Deployable Specialized Forces;
Constructs an evaluation of Coast Guard Deployable Specialized
Forces; and
Establishes a Customs-Trade Partnership against Terrorism Improvement
among other important changes.
I support this legislation because it will help protect the integrity
of our borders and the security of our homeland.
H.R. 3586 provides specific responsibilities for the Undersecretary
to establish and operate the newly implemented departmental Joint Task
Forces and appointing the directors to those joint task forces.
Under H.R. 3586, the Joint Task Force--East and Joint Task Force--
West is to execute a strategic plan to secure the land and maritime
borders, which will coordinate criminal investigations supporting such
task forces.
The bill also directs the the DHS to establish additional Joint Task
Forces to:
1. coordinate operations along the northern border;
2. prevent and respond to homeland security crises;
3. establish other regionally based operations; and
4. combat cybersecurity.
The smuggling of illicit drugs, illegal immigrants, and contraband
weapons over the Texas border is a major problem that needs to be
addressed.
Approximately 1 million passengers and pedestrians cross the Texas
border on a daily basis; of these, on average 23 of these persons are
wanted for arrest.
H.R. 3586 is a positive step in the right direction and I urge my
colleagues to join me in supporting its passage.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from Michigan (Mrs. Miller) that the House suspend the
rules and pass the bill, H.R. 3586, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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