[Congressional Record (Bound Edition), Volume 162 (2016), Part 3]
[House]
[Pages 4137-4146]
[From the U.S. 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:

[[Page 4138]]

       ``(1) Mission requirements that prioritize the operational 
     needs of field commanders to secure the United States border 
     and ports.
       ``(2) Other Department assets available to help address any 
     unmet border and port security mission requirements, in 
     accordance with paragraph (1).
       ``(3) Risk analysis showing positioning of the asset at 
     issue to respond to intelligence on emerging terrorist or 
     other threats.
       ``(4) Cost-benefit analysis showing the relative ability to 
     use the asset at issue in the most cost-effective way to 
     reduce risk and achieve mission success.
       ``(b) Considerations.--An assessment required under 
     subsection (a) shall consider applicable Federal guidance, 
     standards, and agency strategic and performance plans, 
     including the following:
       ``(1) The most recent departmental Quadrennial Homeland 
     Security Review under section 707, and any follow-up guidance 
     related to such Review.
       ``(2) The Department's Annual Performance Plans.
       ``(3) Department policy guiding use of integrated risk 
     management in resource allocation decisions.
       ``(4) Department and U.S. Customs and Border Protection 
     Strategic Plans and Resource Deployment Plans.
       ``(5) Applicable aviation guidance from the Department, 
     including the DHS Aviation Concept of Operations.
       ``(6) Other strategic and acquisition guidance promulgated 
     by the Federal Government as the Secretary determines 
     appropriate.
       ``(c) Audit and Report.--The Inspector General of the 
     Department shall biennially audit the deployment of new 
     assets by U.S. Customs and Border Protection's Office of Air 
     and Marine Operations and submit to the Committee on Homeland 
     Security of the House of Representatives and the Committee on 
     Homeland Security and Governmental Affairs of the Senate a 
     report on the compliance of the Department with the 
     requirements of this section.
       ``(d) Marine Interdiction Stations.--Not later than 180 
     days after the date of the enactment of this section, the 
     Commissioner of U.S. Customs and Border Protection shall 
     submit to the Committee on Homeland Security of the House of 
     Representatives and the Committee on Homeland Security and 
     Governmental Affairs of the Senate an identification of 
     facilities owned by the Federal Government in strategic 
     locations along the maritime border of California that may be 
     suitable for establishing additional Office of Air and Marine 
     Operations marine interdiction stations.

     ``SEC. 420C. INTEGRATED BORDER ENFORCEMENT TEAMS.

       ``(a) Establishment.--The Secretary shall establish within 
     the Department a program to be known as the Integrated Border 
     Enforcement Team program (referred to in this section as 
     `IBET').
       ``(b) Purpose.--The Secretary shall administer the IBET 
     program in a manner that results in a cooperative approach 
     between the United States and Canada to--
       ``(1) strengthen security between designated ports of 
     entry;
       ``(2) detect, prevent, investigate, and respond to 
     terrorism and violations of law related to border security;
       ``(3) facilitate collaboration among components and offices 
     within the Department and international partners;
       ``(4) execute coordinated activities in furtherance of 
     border security and homeland security; and
       ``(5) enhance information-sharing, including the 
     dissemination of homeland security information among such 
     components and offices.
       ``(c) Composition and Location of IBETs.--
       ``(1) Composition.--IBETs shall be led by the United States 
     Border Patrol and may be comprised of personnel from the 
     following:
       ``(A) Other subcomponents of U.S. Customs and Border 
     Protection.
       ``(B) U.S. Immigration and Customs Enforcement, led by 
     Homeland Security Investigations.
       ``(C) The Coast Guard, 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.

[[Page 4139]]

       ``(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.
       ``(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

[[Page 4140]]

     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 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

[[Page 4141]]

     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 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

[[Page 4142]]

     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;
       ``(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

[[Page 4143]]

     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--
       ``(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).

[[Page 4144]]

       (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 
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

[[Page 4145]]

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 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:

[[Page 4146]]

  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.

                          ____________________