[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3586 Referred in Senate (RFS)]
<DOC>
114th CONGRESS
2d Session
H. R. 3586
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 14, 2016
Received; read twice and referred to the Committee on Homeland Security
and Governmental Affairs
_______________________________________________________________________
AN ACT
To amend the Homeland Security Act of 2002 to improve border and
maritime security coordination in the Department of Homeland Security,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Border and
Maritime Coordination Improvement Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; Table of contents.
Sec. 2. U.S. Customs and Border Protection coordination.
Sec. 3. Border and maritime security efficiencies.
Sec. 4. Public-private partnerships.
Sec. 5. 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.--
``(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.
``(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 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 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;
``(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--
``(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).
Passed the House of Representatives April 13, 2016.
Attest:
KAREN L. HAAS,
Clerk.