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114th Congress }                                        {  Rept. 114-488
                        HOUSE OF REPRESENTATIVES
 2d Session    }                                        {  Part 1

======================================================================
 
            BORDER AND MARITIME COORDINATION IMPROVEMENT ACT

                                _______
                                

 April 12, 2016.--Committed to the Committee of the Whole House on the 
             State of the Union and ordered to be printed.

                                _______
                                

  Mr. McCaul, from the Committee on Homeland Security, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 3586]

    The Committee on Homeland Security, to whom was referred 
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, having 
considered the same, report favorably thereon with an amendment 
and recommend that the bill as amended do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................    15
Background and Need for Legislation..............................    15
Hearings.........................................................    16
Committee Consideration..........................................    17
Committee Votes..................................................    19
Committee Oversight Findings.....................................    19
New Budget Authority, Entitlement Authority, and Tax Expenditures    19
Congressional Budget Office Estimate.............................    19
Statement of General Performance Goals and Objectives............    19
Duplicative Federal Programs.....................................    19
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................    19
Federal Mandates Statement.......................................    20
Preemption Clarification.........................................    20
Disclosure of Directed Rule Makings..............................    20
Advisory Committee Statement.....................................    20
Applicability to Legislative Branch..............................    20
Section-by-Section Analysis of the Legislation...................    20
Changes in Existing Law Made by the Bill, as Reported............    29
Committee Correspondence.........................................    77

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

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. Cost-benefit analysis of co-locating operational entities.
Sec. 6. Strategic personnel plan for U.S. Customs and Border Protection 
          personnel deployed abroad.
Sec. 7. Threat assessment for United States-bound international mail.
Sec. 8. Evaluation of Coast Guard Deployable Specialized Forces.
Sec. 9. Customs-Trade Partnership Against Terrorism improvement.
Sec. 10. Strategic plan to enhance the security of the international 
          supply chain.
Sec. 11. Container Security Initiative.
Sec. 12. Transportation Worker Identification Credential waiver and 
          appeals process.
Sec. 13. Annual report on U.S. Customs and Border Protection staffing.
Sec. 14. Conforming amendments.
Sec. 15. 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 ADVISORY PROGRAM.

  ``(a) In General.--There is authorized within U.S. Customs and Border 
Protection a program for Customs and Border Protection officers, 
pursuant to an agreement with a host country, to assist air carriers 
and security employees at foreign airports with review of traveler 
information during the processing of flights bound for the United 
States.
  ``(b) Activities.--In carrying out the program, Customs and Border 
Protection officers posted in foreign airports under subsection (a) 
may--
          ``(1) be present during processing of flights bound for the 
        United States;
          ``(2) assist air carriers and security employees with 
        document examination and traveler security assessments;
          ``(3) provide relevant training to air carriers, their 
        security staff, and host-country authorities;
          ``(4) analyze electronic passenger information and passenger 
        reservation data to identify potential threats;
          ``(5) engage air carriers and travelers to confirm potential 
        terrorist watchlist matches;
          ``(6) make recommendations to air carriers to deny 
        potentially inadmissable passengers boarding flights bound for 
        the United States; and
          ``(7) conduct other activities to secure flights bound for 
        the United States, as directed by the Commissioner of U.S. 
        Customs and Border Protection.

``SEC. 420A. AIR CARGO ADVANCE SCREENING.

  ``Not later than one year after the date of the enactment of this 
section, the Commissioner of U.S. Customs and Border Protection shall--
          ``(1) establish a program to ensure that the electronic 
        interchange system for the collection of advance electronic 
        information for cargo required by section 343 of the Trade Act 
        of 2002 (19 U.S.C. 2071 note) has the capacity to collect 
        information pertaining to cargo being imported to the United 
        States by air at the earliest point practicable prior to 
        loading of such cargo onto the aircraft destined to or 
        transiting through the United States; and
          ``(2) coordinate with the Administrator for the 
        Transportation Security Administration to identify 
        opportunities to harmonize requirements for air carriers that 
        are full participants in the system described in paragraph (1).

``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.
                  ``(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 USC 70101 
        note) or the Border Enforcement Security Task Force established 
        under section 432.
  ``(d) Operation.--After determining the regions in which to establish 
IBETs, the Secretary may--
          ``(1) direct the assignment of Federal personnel to such 
        IBETs; and
          ``(2) 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.
  ``(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 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 advisory 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.''.

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. ESTABLISHMENT OF THE OFFICE OF BIOMETRIC IDENTITY 
                    MANAGEMENT.

  ``(a) Establishment.--There is established within the Department an 
office to be known as the Office of Biometric Identity Management.
  ``(b) Director.--
          ``(1) In general.--There shall be at the head of the Office 
        of Biometric Identity Management a Director of the Office of 
        Biometric Identity Management (in this section referred to as 
        the `Director').
          ``(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 of 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 pursuant to 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.

``SEC. 435. 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 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.--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.
  ``(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 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 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 the joint 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) preventing and responding to homeland security crises, 
        as determined by the Secretary;
          ``(3) establishing other regionally-based operations; or
          ``(4) cybersecurity.
  ``(l) 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 90 days prior to the 
        establishment of an additional Joint Task Force under 
        subsection (k).
          ``(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.
  ``(m) 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 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.
  ``(n) 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 martime borders of the United States.
  ``(o) Sunset.--This section expires on September 30, 2018.

``SEC. 436. 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 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 situational awareness 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 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) Location and Reporting Structure.--The Secretary of Homeland 
Security may not change the location or reporting structure of the 
Office of Biometric Identity Management (established pursuant to 
section 420 of the Homeland Security Act of 2002, as added by 
subsection (a) of this section) unless the Secretary of Homeland 
Security receives prior authorization from Congress permitting such 
change.
  (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 433 the following new items:

``Sec. 434. Establishment of the Office of Biometric Identity 
          Management.
``Sec. 435. Border Security Joint Task Forces.
``Sec. 436. 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 for border security, 
port security, transportation security, or counter-terrorism purposes, 
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) each facility at which U.S. Customs and Border 
        Protection services are performed shall be provided, 
        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 and the 
Committee on Appropriations of the House of Representatives and the 
Committee on Homeland Security and Governmental Affairs and the 
Committee on Appropriations of the Senate an annual report identifying 
the activities undertaken and the agreements entered into pursuant to 
this section.

``SEC. 482. PORT OF ENTRY DONATION AUTHORITY.

  ``(a) Agreements Authorized.--
          ``(1) In general.--The Commissioner of U.S. Customs and 
        Border Protection, in collaboration with the Administrator of 
        the General Services Administration as applicable under 
        subsection (f), may enter into an agreement with any entity to 
        accept a donation of real or personal property, including 
        monetary donations, or nonpersonal services, for uses described 
        in subsection (c) at a new or existing land, sea, or air port 
        of entry, or any facility or other infrastructure at a location 
        at which U.S. Customs and Border Protection performs or will be 
        performing inspection services.
          ``(2) GSA.--If the Administrator of the General Services 
        Administration owns or leases a new or existing land port of 
        entry at a location at which U.S. Customs and Border Protection 
        performs or will be performing inspection services, the 
        Administrator, in collaboration with the Commissioner of U.S. 
        Customs and Border Protection, may enter into an agreement with 
        any entity to accept a donation of real or personal property, 
        including monetary donations, or nonpersonal services, at such 
        location for uses described in subsection (c).
  ``(b) Limitation on Monetary Donations.--Any monetary donation 
accepted pursuant to subsection (a) may not be used to pay the salaries 
of U.S. Customs and Border Protection employees performing inspection 
services.
  ``(c) Use.--Donations accepted pursuant to subsection (a) may be used 
for activities related to construction, alteration, operation, or 
maintenance of a new or existing land, sea, or air port of entry, as 
appropriate, or any facility or other infrastructure at a location at 
which U.S. Customs and Border Protection performs or will be performing 
inspections services, including expenses related to--
          ``(1) land acquisition, design, construction, repair, or 
        alteration;
          ``(2) furniture, fixtures, equipment, or technology, 
        including installation or the deployment thereof; and
          ``(3) operation and maintenance of such port of entry, 
        facility, infrastructure, equipment, or technology.
  ``(d) Transfer.--Notwithstanding any other provision of law, 
donations accepted by the Commissioner of U.S. Customs and Border 
Protection or the Administrator of the General Services Administration 
pursuant to subsection (a) may be transferred between U.S. Customs and 
Border Protection and the General Services Administration.
  ``(e) Duration.--An agreement entered into under subsection (a) may 
last as long as required to meet the terms of such agreement.
  ``(f) Role of the Administrator.--The role, involvement, and 
authority of the Administrator of the General Services Administration 
under this section shall be limited to donations made at new or 
existing land ports of entry, facilities, or other infrastructure owned 
or leased by the General Services Administration.
  ``(g) Coordination.--In carrying out agreements entered into under 
subsection (a), the Commissioner of U.S. Customs and Border Protection 
and the Administrator of the General Services Administration shall 
establish criteria that includes the following:
          ``(1) Selection and evaluation of donors.
          ``(2) Identification of roles and responsibilities between 
        U.S. Customs and Border Protection, the General Services 
        Administration, and donors.
          ``(3) Decision-making and dispute resolution processes.
          ``(4) Processes for U.S. Customs and Border Protection and 
        the General Services Administration 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.
  ``(h) Evaluation Procedures.--
          ``(1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Commissioner of U.S. Customs and 
        Border Protection, in consultation with the Administrator of 
        the General Services Administration, as appropriate, shall--
                  ``(A) establish criteria for evaluating a proposal to 
                enter into an agreement under subsection (a); and
                  ``(B) make such criteria publicly available.
          ``(2) Considerations.--Criteria established pursuant to 
        paragraph (1) shall consider the following:
                  ``(A) The impact of such proposal on the land, sea, 
                or air port of entry or facility or other 
                infrastructure at issue and other ports of entry or 
                similar facilities or other infrastructure near the 
                location of the proposed donation.
                  ``(B) The proposal's potential to increase trade and 
                travel efficiency through added capacity.
                  ``(C) The proposal's potential to enhance the 
                security of the port of entry or facility or other 
                infrastructure at issue.
                  ``(D) The funding available to complete the intended 
                use of a donation under this subsection, if such 
                donation is real property.
                  ``(E) The costs of maintaining and operating such 
                donation.
                  ``(F) Whether such donation, if real property, 
                satisfies the requirements of such proposal, or whether 
                additional real property would be required.
                  ``(G) The impact of such proposal on U.S. Customs and 
                Border Protection staffing requirements.
                  ``(H) Other factors that the Commissioner or 
                Administrator determines to be relevant.
          ``(3) Determination and notification.--Not later than 180 
        days after receiving a proposal to enter into an agreement 
        under subsection (a), the Commissioner of U.S. Customs and 
        Border Protection shall make a determination to deny or approve 
        such proposal, and shall notify the entity that submitted such 
        proposal of such determination.
  ``(i) Supplemental Funding.--Donations made pursuant to subsection 
(a) may be used in addition to any other funding for such purpose, 
including appropriated funds, property, or services.
  ``(j) Return of Donations.--The Commissioner of U.S. Customs and 
Border Protection or the Administrator of the General Services 
Administration, as the case may be, may return any donation made 
pursuant to subsection (a). No interest shall be owed to the donor with 
respect to any donation provided under such subsection that is returned 
pursuant to this subsection.
  ``(k) Annual Reports.--The Commissioner of U.S. Customs and Border 
Protection, in collaboration with the Administrator of the General 
Services Administration, as appropriate, 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 this 
section.
  ``(l) 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. 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 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. 6. 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. 7. 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. 8. 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 consolidating 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. 9. 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. 10. 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. 11. 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. 12. 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. 13. ANNUAL REPORT ON U.S. CUSTOMS AND BORDER PROTECTION STAFFING.

  Not later than 30 days after the date of the enactment of this Act 
and annually thereafter, 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 a report on the staffing model for 
the Office of Field Operations, including information on how many 
supervisors, front-line Customs and Border Protection officers, 
Agriculture Specialists, and support personnel are assigned to each 
field office and port of entry.

SEC. 14. CONFORMING AMENDMENTS.

  Subtitle B of title IV of the Homeland Security Act of 2002 (6 U.S.C. 
211 et seq.) is amended--
          (1) by striking ``United States Customs Service'' each place 
        it appears and inserting ``U.S. Customs and Border 
        Protection'';
          (2) by striking ``Commissioner of Customs'' each place it 
        appears and inserting ``Commissioner of U.S. Customs and Border 
        Protection'';
          (3) in the heading of such subtitle, by striking ``United 
        States Customs Service'' and inserting ``U.S. Customs and 
        Border Protection''; and
          (4) in section 411--
                  (A) in the section heading, by striking 
                ``commissioner of customs'' and inserting 
                ``commissioner of u.s. customs and border protection''; 
                and
                  (B) in subsection (b)--
                          (i) in the subsection heading, by striking 
                        ``Commissioner of Customs'' and inserting 
                        ``Commissioner of U.S. Customs and Border 
                        Protection''; and
                          (ii) in paragraph (1), by striking ``Customs 
                        Service'' and inserting ``U.S. Customs and 
                        Border Protection''.

SEC. 15. 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).

                          Purpose and Summary

    The purpose of H.R. 3586 is 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.

                  Background and Need for Legislation

    More than 12 years after the Department of Homeland 
Security (DHS) was established, stovepipes remain among the 22 
different agencies that joined to form the Department. In 
particular, with respect to border and maritime security 
efforts, operations between Customs and Border Protection (CBP) 
and the U.S. Coast Guard (USCG) have not been coordinated in a 
manner to ensure that such efforts are fully effective and 
successful.
    H.R. 3586 seeks to provide DHS the necessary tools and 
authorities to better streamline operations amongst the 
relevant components while enhancing security. H.R. 3586 
provides authority to DHS to establish, on a short-term basis, 
Joint Task Forces (JTFs) to secure the land and maritime 
borders of the United States. The bill statutorily authorizes 
three tasks forces. The first two, JTF-East and JTF-West, are 
geographically based, while the third, JTF-Investigations, is 
designed to perform specific investigative functions. The 
Department has recently established these JTFs and their 
effectiveness is not yet proven. Therefore, H.R. 3586 includes 
a sunset date for the initiative to provide DHS with time to 
demonstrate to Congress that this organizational structure has 
measurably contributed to border security.
    H.R. 3586 also seeks to promote greater efficiency in how 
the Department carries out its maritime security mission. 
Specifically, H.R. 3586 include measures to identify where co-
locating assets amongst CBP and the USCG would be beneficial, 
make improvements to the Transportation Worker Identification 
Credential (TWIC) program, and update CBP's Container Security 
Initiative (CSI) and Custom-Trade Partnership Against Terrorism 
(C-TPAT) programs. Additionally, provisions in H.R. 3586 
provide the framework for CBP's Office of Field Operations 
(OFO), Air and Marine Operations (AMO) and the USCG to evaluate 
their role in maritime and supply chain security and ensure 
their missions are consistent with current threats. Taken 
together, these common-sense steps are intended to improve 
operations and coordination and save taxpayers' dollars.
    H.R. 3586 also authorizes key programs intended to ``push 
the borders out'', such as the Air Cargo Advance Screening 
pilot and the Immigration Advisory Program, both of which help 
identify possible threats prior to an aircraft departing for 
the United States. These provisions reflect technology 
advancements and enhancements to information-sharing with 
international partners to improve the Department's ability to 
prevent dangerous people and material from entering the United 
States by plane.
    Finally, H.R. 3586 authorizes the Department's Office of 
Biometric Identity Management (OBIM) for the first time. Since 
2003, confirming identities through biometrics has become an 
important part of the Nation's security efforts. Today, we 
collect biometrics on most foreign travelers, refugees, and 
visa holders and regularly screen their fingerprints against 
our criminal, defense and immigration holdings. OBIM is the 
agency responsible for the matching, storing, and sharing of 
this vital biometric data and operating the principal biometric 
database for the Federal Government. Given its importance to 
the Department and the Federal Government as a whole, H.R. 3586 
formally authorizes OBIM in statute.

                                Hearings

    The Committee held no legislative hearings on H.R.3586; 
however, the Committee held the following oversight hearings.

113th Congress

    On March 20, 2013, the Subcommittee on Border and Maritime 
Security held a hearing entitled ``Measuring Outcomes to 
Understand the State of Border Security.'' The Subcommittee 
received testimony from Mr. Michael J. Fisher, Chief, Border 
Patrol, Department of Homeland Security; Mr. Kevin McAleenan, 
Acting Assistant Commissioner, Office of Field Operations, U.S. 
Customs and Border Protection, Department of Homeland Security; 
Mr. Mark Borkowski, Assistant Commissioner, Office of 
Technology Innovation and Acquisition, U.S. Customs and Border 
Protection, Department of Homeland Security; and Hon. Veronica 
Escobar, County Judge, El Paso County, Texas.
    On September 26, 2013, the Subcommittee on Border and 
Maritime Security held a hearing entitled ``Fulfilling A Key 9/
11 Commission Recommendation: Implementing Biometric Exit.'' 
The Subcommittee received testimony from Mr. John Wagner, 
Acting Deputy Assistant Commissioner, Office of Field 
Operations, Customs and Border Protection, U.S. Department of 
Homeland Security; Mr. John Woods, Assistant Director, 
Immigration and Customs Enforcement, U.S. Department of 
Homeland Security; and Ms. Rebecca Gambler, Director, Homeland 
Security and Justice Issues, U.S. Government Accountability 
Office.
    On November 19, 2013, the Subcommittee on Border and 
Maritime Security held a hearing entitled ``What Does a Secure 
Maritime Border Look Like?'' The Subcommittee received 
testimony from RADM William D. Lee, Deputy For Operations 
Policy and Capabilities, U.S. Coast Guard, Department of 
Homeland Security; Mr. Stephen L. Caldwell, Director, Homeland 
Security and Justice, Government Accountability Office; and 
Capt. Marcus Woodring, (Ret. USCG), Managing Director, Health, 
Safety, Security and Environmental, Port of Houston Authority.
    On February 4, 2014, the Subcommittee on Border and 
Maritime Security held a hearing entitled ``Future of the 
Homeland Security Missions of the Coast Guard.'' The 
Subcommittee received testimony from ADM Robert J. Papp, Jr., 
Commandant, U.S. Coast Guard, U.S. Department of Homeland 
Security.
    On July 16, 2014, the Subcommittee on Border and Maritime 
Security held a hearing entitled ``Port of Entry 
Infrastructure: How Does the Federal Government Prioritize 
Investments?'' The Subcommittee received testimony from Mr. 
John P. Wagner, Assistant Commissioner, Office of Field 
Operations, Customs and Border Protection, U.S. Department of 
Homeland Security; accompanied by Mr. Eugene H. Schied, 
Assistant Commissioner, Office of Administration, U.S. Customs 
and Border Protection, U.S. Department of Homeland Security; 
Hon. Michael Gelber, Deputy Commissioner, Public Buildings 
Service, U.S. General Services Administration; and Hon. Oscar 
Leeser, Mayor, City of El Paso, Texas.

114th Congress

    On July 14, 2015, the Subcommittee on Border and Maritime 
Security held a hearing entitled ``Securing the Maritime 
Border: The future of the CBP Air and Marine.'' The 
Subcommittee received testimony from Mr. Randolph D. Alles, 
Assistant Commissioner, Office of Air and Marine, U.S. Customs 
and Border Protection, U.S. Department of Homeland Security; 
and Hon. John Roth, Inspector General, Office of Inspector 
General, U.S. Department of Homeland Security.

                        Committee Consideration

    The Committee met on September 30, 2015, to consider 
H.R.3586, and ordered the measure to be reported to the House 
with a favorable recommendation, as amended, by voice vote. The 
Committee took the following actions:
    The following amendments were offered:
 An Amendment in the Nature of a Substitute offered by 
Mrs.Miller of Michigan (#1); was AGREED TO, as amended, by 
voice vote.

 An en bloc amendment to the Amendment in the Nature of a 
Substitute offered by Mr. Thompson of Mississippi (#1A); was 
AGREED TO by voice vote.

     Consisting of the following amendments:
     An amendment listed on the roster by Ms. Loretta Sanchez of 
California:
     Page 11, beginning line 20 insert a new section entitled ``Sec. 
420B. Immigration Advisory Program.''

     An amendment to listed on the roster by Ms. Loretta Sanchez of 
California:
     Page 19, beginning line 17, insert a new section entitled ``Sec. 
4. Strategic Personnel Plan for U.S. Customs and Border Protection 
Deployed Abroad.''

     An amendment listed on the roster by Ms. Loretta Sanchez of 
California:
     Page 19, beginning line 17, insert a new section entitled ``Sec. 
4. Threat Assessment For United States-Bound International Mail.''

     An amendment listed on the roster by Ms. Loretta Sanchez of 
California:
     At the end of the bill, insert a new section entitled ``Sec. 9. 
Conforming Amendment.''

 An amendment to the Amendment in the Nature of a Substitute 
offered by Mr. Katko (#1B); was AGREED TO by voice vote.
     At the appropriate place in the bill, insert a new section 
entitled ``Sec. 420E. Integrated Border Enforcement Teams.''

 An amendment to the Amendment in the Nature of a Substitute 
offered by Mr. Payne (#1C); was AGREED TO by voice vote.
     Page 11, beginning line 20, insert a new section entitled ``Sec. 
420B. Air Cargo Advance Screening.''

 An en bloc amendment to the Amendment in the Nature of a 
Substitute offered by Mr. Hurd (#1D); was AGREED TO by voice 
vote.

     Consisting of the following amendments:
     Page 10, beginning line 9, insert a new subsection entitled ``(i) 
Establishment of Performance Metrics.''

     At the appropriate place in the bill insert a new section entitled 
``Sec. _, Public Private Partnerships.''

 An en bloc amendment to the Amendment in the Nature of a 
Substitute offered by Ms. McSally (#1E); was AGREED TO by voice 
vote.

     Consisting of the following amendments:
     Page 10, beginning line 9, insert a new subsection entitled ``(i) 
Joint Duty Training Program.''

     Page 11, line 8, insert a new subsection entitled ``(k) Review.''

 An amendment to the Amendment in the Nature of a Substitute 
offered by Mr. Vela (#1F); was AGREED TO by voice vote.

     Page 23, beginning line 21, insert a new section entitled ``Sec. 
8. Annual Report on U.S. Customs and Border Protection Staffing.''

 An amendment to the Amendment in the Nature of a Substitute 
offered by Mr. Richmond (#1G); was AGREED TO by voice vote.

     Page 23, line 21, insert a new section entitled ``Sec. 8. 
Transportation Worker Identification Credential Waiver and Appeals 
Process.''

                            Committee Votes

    Clause 3(b) of Rule XIII of the Rules of the House of 
Representatives requires the Committee to list the recorded 
votes on the motion to report legislation and amendments 
thereto.
    No recorded votes were requested during consideration of 
H.R.3586.

                      Committee Oversight Findings

    Pursuant to clause 3(c)(1) of Rule XIII of the Rules of the 
House of Representatives, the Committee has held oversight 
hearings and made findings that are reflected in this report.

   New Budget Authority, Entitlement Authority, and Tax Expenditures

    In compliance with clause 3(c)(2) of Rule XIII of the Rules 
of the House of Representatives, the Committee finds that H.R. 
3586, the Border and Maritime Coordination Improvement Act, 
would result in no new or increased budget authority, 
entitlement authority, or tax expenditures or revenues.

                  Congressional Budget Office Estimate

    Pursuant to clause 3(c)(3) of Rule XIII of the Rules of the 
House of Representatives, a cost estimate provided by the 
Congressional Budget Office pursuant to section 402 of the 
Congressional Budget Act of 1974 was not made available to the 
Committee in time for the filing of this report. The Chairman 
of the Committee shall cause such estimate to be printed in the 
Congressional Record upon its receipt by the Committee.

         Statement of General Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of Rule XIII of the Rules of the 
House of Representatives, H.R. 3586 contains the following 
general performance goals and objectives, including outcome 
related goals and objectives authorized.
    The General Performance Goals and Objectives of H.R. 3586 
are to foster greater coordination amongst the border and 
maritime security components of the Department of Homeland 
Security to secure the land and maritime borders of the United 
States, identify and execute operational efficiencies across 
the Department, and save taxpayer dollars.

                      Duplicative Federal Programs

    Pursuant to clause 3(c) of Rule XIII, the Committee finds 
that H.R. 3586 does not contain any provision that establishes 
or reauthorizes a program known to be duplicative of another 
Federal program.

   Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
                                Benefits

    In compliance with Rule XXI of the Rules of the House of 
Representatives, this bill, as reported, contains no 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of Rule XXI.

                       Federal Mandates Statement

    An estimate of Federal mandates prepared by the Director of 
the Congressional Budget Office pursuant to section 423 of the 
Unfunded Mandates Reform Act was not made available to the 
Committee in time for the filing of this report. The Chairman 
of the Committee shall cause such estimate to be printed in the 
Congressional Record upon its receipt by the Committee.

                        Preemption Clarification

    In compliance with section 423 of the Congressional Budget 
Act of 1974, requiring the report of any Committee on a bill or 
joint resolution to include a statement on the extent to which 
the bill or joint resolution is intended to preempt State, 
local, or Tribal law, the Committee finds that H.R. 3586 does 
not preempt any State, local, or Tribal law.

                  Disclosure of Directed Rule Makings

    The Committee estimates that H.R. 3586 would require no 
directed rule makings.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

             Section-by-Section Analysis of the Legislation


Section 1.   Short Title; Table of Contents.

    This section provides that bill may be cited as the 
``Border and Maritime Coordination Improvement Act'' and 
includes the table of contents for this measure.

Sec. 2.   U.S. Customs and Border Protection Coordination.

    This section amends Subtitle B of title IV of the Homeland 
Security Act of 2002 by adding:

    ``Sec. 420.   immigration advisory program.''

    Section 420 amends the Homeland Security Act of 2002 to 
authorize the Immigration Advisory Program (IAP) within CBP. 
IAP assists air carriers and security employees at foreign 
airports with reviews of traveler information during the 
processing of flights bound to the United States. This section 
authorizes the activities of IAP officers in the course of 
their duties, including making recommendations to air carriers 
to deny potentially inadmissible passengers from boarding 
flights bound for this country. The Committee believes programs 
like IAP are effective tools to ``push the borders out,'' and 
can help prevent would-be terrorists, including foreign 
fighters, as well as other potentially inadmissible individuals 
from boarding aircraft bound for the United States.

    ``Sec. 420a.   air cargo advance screening.''

    In October 2010, authorities discovered two U.S.-bound 
packages from Yemen containing viable bombs capable of bringing 
down aircraft. Forensic experts found that the two bombs were 
designed to detonate in mid-air over Chicago, and the plot was 
attributed to Al Qaeda in the Arabian Peninsula (AQAP).
    In response to these attacks, CBP and the Transportation 
Security Administration (TSA) jointly implemented a pilot 
program to receive electronic information to screen high-risk 
air cargo shipments at the earliest practicable point prior to 
leading onto a U.S.-bound aircraft.
    Section 420A establishes the Air Cargo Advance Screening 
(ACAS) program within CBP, and requires CBP to have the 
capacity to collect electronic information from air carriers on 
air cargo destined for the United States prior to loading the 
aircraft. The Committee believes all inbound high-risk air 
cargo should be screened as early as possible prior to arriving 
in the United States and encourages participation in the ACAS 
program.
    The Committee understands that air carriers participating 
in the ACAS program are burdened with duplicative DHS reporting 
requirements for air cargo entering the United States. Section 
420A harmonizes the reporting requirements for air carriers 
participating in ACAS and provides an incentive for air 
carriers to provide CBP with advanced information allowing 
additional time to better target high-risk shipments, and avoid 
disruption to their supply chain and logistics model.
    The Committee is also concerned about the scarcity of 
information provided to CBP regarding inbound letter packets 
and parcels delivered to the U.S. via private carriers and 
postal operators.

    ``Sec. 420b.   u.s. customs and border protection office of air and 
        marine operations asset deployment.''

    This section amends the Homeland Security Act of 2002 to 
ensure that any new asset deployments by CBP's AMO are carried 
out using a risk-based analysis. The Committee is concerned by 
a recent GAO report, GAO 112-518, ``Opportunities Exist to 
Ensure More Effective Use of DHS's Air and Marine Assets,'' 
that identified weaknesses in CBP's documentation to clearly 
link deployment decisions with its goals.
    To ensure that future deployments are based on risk and the 
needs of mission commanders, AMO is required to document 
decision-making analysis on asset mix and placement. Moreover, 
the Committee strongly encourages CBP to use a documented, 
repeatable, and systematic method of asset deployment based on 
risk for any future asset deployment.

    ``Sec. 420c.   integrated border enforcement teams.''

    Section 420C establishes the program known as the 
Integrated Border Enforcement Team (IBET) program. The purpose 
of the program is to foster a cooperative approach between the 
United States and Canada regarding security between designated 
ports of entry; detect, prevent, investigate, and respond to 
terrorism and violations of law related to border security; 
facilitate collaboration among components and offices of DHS 
and international partners; execute coordinated activities in 
furtherance of border security and homeland security; and 
enhance information-sharing.
    This section further establishes the composition of the 
IBETs, including the United States Border Patrol as the lead 
office. The Committee recognizes that multiple components and 
agencies play a role in integrated cross-border operations, but 
supports having an agency responsible for the day-to-day 
management of the program for the U.S. government, allowing for 
ease of collaboration with international stakeholders, like the 
Royal Canadian Mounted Police, who are designated as the lead 
agency for the Government of Canada.
    The Committee is aware of concerns previously identified by 
GAO related to possible duplication of effort between the 
Border Patrol-led IBET program, and the ICE-led Border 
Enforcement Security Team (BEST) program and notes that the 
Coast Guard also leads joint cross-border operations through 
its Shiprider program. Given these concerns, this section is 
intended to ensure IBETs work collaboratively with Shiprider 
and BEST. The Committee believes DHS has been responsive to the 
GAO's concerns with the establishment of the Cross-Border Law 
Enforcement Advisory Committee. Through participation under the 
umbrella of this Advisory Committee, each program is more 
strategically aligned to achieve the goals of the Committee for 
each program.
    To ensure the success of the IBET program, this section 
directs reporting to Congress that assesses the effectiveness 
of the program; identifies challenges to sustainment based on 
international partner engagement; addresses ways to support 
joint-training and radio interoperability; and assesses how 
IBET, BEST, and Shiprider can better align operations, 
including interdiction and investigation activities.

Sec. 3.   Border and Maritime Security Efficiencies.

    This section amends Subtitle C of title IV of the Homeland 
Security Act of 2002 by adding:

    ``Sec. 434.   establishment of the office of biometric identity 
        management.''

    H.R. 3586 amends the Homeland Security Act of 2002 to 
establish DHS's Office of Biometric Identity Management (OBIM) 
for the first time.
    The Committee strongly supports the mission of the 
Department of Homeland Security's Office of Biometric Identity 
Management (OBIM) to protect the Nation by providing biometric 
identification services that help federal, state, and local 
government agencies accurately identify individuals they 
encounter and determine whether they pose a risk to the United 
States.
    OBIM's biometric identification and verification 
capabilities support decision-makers with comprehensive, up-to-
date biometric information on immigration violators, criminals, 
and known or suspected terrorists.
    On March 26, 2013, the President signed the Consolidated 
and Further Continuing Appropriations Act, 2013 (Pub. Law 113-
6). This law designated OBIM as the lead entity within DHS for 
biometric identity management and analysis services. The same 
year, DHS transitioned the biometric identity management 
functions of the United States Visitor and Immigrant Status 
Indicator Technology (US-VISIT) to the newly created OBIM. This 
transition also included the transfer of the overstay mission 
in whole to Immigration and Customs Enforcement (ICE) and the 
entry/exit policy and operations to Customs and Border 
Protection (CBP).
    A major function of OBIM is to operate and maintain the 
Automated Biometric Identification System (IDENT), the U.S. 
Government's largest biometric depository, storing 180 million 
biometric identities. IDENT processes over 300,000 transactions 
and verifies over 7,000 derogatory matches each day and is used 
across the Federal government for national security, border 
enforcement, immigration, and intelligence purposes.
    According to DHS, ``IDENT has grown significantly in daily 
transaction volume and number of stored biometrics, and has 
added or expanded existing capabilities which greatly exceed 
the original design. The legacy IDENT system has inherent 
scalability and stability limitations that cannot be addressed 
without fundamentally re-architecting (i.e. replacing) the 
system.'' As a result, OBIM has undertaken a multiyear process 
to replace the legacy IDENT system with an improved 
``Replacement Biometric System.''
    The Committee supports OBIM and its mission and efforts to 
replace the legacy IDENT system.
    The Committee further recommends that OBIM conduct periodic 
technology assessments to ensure the system is meeting 
operational requirements in terms of accuracy, system security, 
and reliability. The Committee believes such assessments could 
help to mitigate any technology obsolescence issues.

    ``Sec. 435.   border security joint task force.''

    Proposed section 435 amends the Homeland Security Act of 
2002 to authorize the Secretary of DHS to establish and operate 
Border Security JTFs utilizing Department component personnel 
and capabilities to secure the land and maritime borders of the 
United States. It establishes Joint Task Force - East (JTF-E) 
and a Joint Task Force - West (JTF-W). These JTFs are directed 
to create and execute a strategic plan to secure land and 
maritime borders of the U.S. In addition, it establishes Joint 
Task Force - Investigations (JTF-I), which is directed to 
coordinate criminal investigations supporting JTF-E and JTF-W.
    On May 8, 2014, as part of a Unity of Effort initiative, 
the Secretary of Homeland Security introduced the Southern 
Border and Approaches Campaign, consisting of the three task 
forces authorized in this section. Two of these task forces 
will be geographically based and one will be operationally 
focused. All three JTFs will incorporate and integrate elements 
of the relevant components within DHS including the USCG, CBP, 
ICE, and U.S. Citizenship and Immigration Services (USCIS).
    JTF-E is responsible for the southern maritime border and 
approaches. It is located in Portsmouth, Virginia, with the 
USCG serving as the initial lead component for Task Force 
activities. JTF-W is responsible for the southern land border 
and the western maritime border of the United States. It is 
located in San Antonio, Texas, with CBP serving as the initial 
lead component for Task Force activities. JTF-I is located in 
Washington D.C. and is responsible for supporting the other 
geographic JTF's by conducting investigations that further 
advance mission goals and objectives. ICE serves as the initial 
lead component for JTF-I activities.
    This section provides for a Director and a Deputy Director 
to lead each JTF. These senior officers and officials will be 
selected from relevant components in the Department and will 
rotate every two years. It is the Committee's belief that 
rotating leadership of the JTFs leverages the varying strengths 
and expertise that each component has in order to increase the 
collective breadth of knowledge of the JTF. Additionally, as 
Directors and Deputy Directors gain experience as senior level 
officials charged with the daily operations of the JTFs, the 
Department will be able to take full advantage of the 
experience gained during their time at the JTF to make it a 
more efficient and effective entity.
    The Committee supports the concept of a streamlined 
operational command structure to secure the land and maritime 
borders of the United States. This is a fundamental change to 
the way strategy and operations have been conducted within the 
Homeland Security Enterprise. The Committee understands this 
program is in the early stages and its operational 
effectiveness has not yet been recognized. It is for this 
reason that the Committee chose to sunset the JTF authority on 
September 30, 2018. If, and when, DHS proves that such a 
construct is beneficial for border security operations both 
conceptually and operationally, the Committee would consider 
continued authorization.

    ``Sec. 436.   updates of maritime operations coordination plan.''

    This section amends the Homeland Security Act of 2002 to 
require DHS to update the Maritime Operations Coordination Plan 
(MOC-P), which was first released in July 2011. The Committee 
believes that this plan was an important first step towards 
establishing a national framework for DHS cooperation in the 
maritime environment and that an update is long overdue.
    Specifically, Section 436 requires the updated versions of 
the MOC-P be provided to Congress within 180 days of enactment 
of this Act and again on July 1, 2020. The Committee intends 
the MOC-P to be updated on a periodic basis and expects that 
the next iteration of the MOC-P will include mechanisms to 
share best practices among and between the Regional 
Coordinating Mechanisms (ReCoMs); a process for feedback to 
filter up, down, and between the Department and the ReCoMs; a 
method to measure the effectiveness of ReCoMs; and a process 
for local and State law enforcement agencies and other port 
stakeholders to provide feedback to the ReCoMs and the 
Department.

Sec. 4.   Public Private Partnerships.

    In January of 2014, the President signed the ``Consolidated 
Appropriations Act, 2014'' into law. Under section 559 of 
Division F of that Act, CBP was granted the authority, under a 
pilot program, to enter into partnerships with the private 
sector and other governmental entities at ports of entry to 
reimburse the cost of CBP services and accept certain 
donations.
    The Committee recognizes that in today's budget constrained 
environment, public-private partnerships fund certain CBP 
duties at our nation's ports of entry, including customs, 
border security, agricultural processing, and immigration-
related services, to reduce wait times at the border. This 
section authorizes CBP's Public-Private Partnership program in 
the Homeland Security Act of 2002.
    Title IV of the Homeland Security Act of 2002 is amended by 
adding the following:

    ``Subtitle G--U.S. Customs and Border Protection Public Private 
                            Partnerships.''

    ``Sec. 481.   fee agreements for certain services at ports of 
        entry.''

    Section 481 grants CBP the authority to enter into fee 
agreements, provides for the services such fees can be used 
for, and sets out limitations placed upon CBP for the use of 
the funds. The Committee supports the use of this authority to 
supplement existing staffing levels for ad hoc surges at the 
nation's ports of entry to facilitate legitimate traffic and 
commerce. However, the Committee believes that in the long-term 
CBP should be funded for an appropriate level of staffing 
consistent with CBP's workflow staffing model. As the text 
makes clear, this provision does not replace CBP's obligation 
to provide inspectional services, nor is it intended to shift 
the cost burden wholesale to private sector entities.

    ``Sec. 482.   port of entry donation authority.''

    Section 482 allows CBP to accept donations of real or 
personal property for the purpose of construction, alteration, 
or maintenance at new or existing ports of entry. The Committee 
is fully cognizant of the potential challenges with this grant 
of authority, and for that reason has included a sunset date. 
It is the Committee's hope that CBP and GSA can, in time, 
provide the Committee with concrete examples of the necessity 
and value of accepting donations of both real and personal 
property, in the absence of regular appropriations, to 
modernize the nation's aging ports of entry. As supported by 
the hearing held on these provisions, Committee's clear intent, 
and plain read of the text, support our view is that this 
authority is limited, and is in no way designed as a mechanism 
that can fund an entire port of entry, or significant 
expansion. The Committee believes Congressional appropriations 
alone are appropriate for such large scale projects of national 
importance.

    ``Sec. 483.   current and proposed agreements.''

    Section 483 makes clear that nothing in this new 
legislation should affect any agreement made by CBP under the 
legislative authority under the Consolidated Appropriation Act, 
2014 (Pub. Law 113-76).

    ``Sec. 484.   definitions.''

    Section 484 sets forth the definitions of key terms used in 
section 4 to authorize CBP's Public-Private Partnership 
program.

Sec. 5.   Cost-Benefit Analysis of Co-Locating Operational Entities.

    This section requires DHS to examine locations where both 
CBP AMO and the USCG have maritime or aviation assets deployed 
and to determine the potential for cost savings through co-
location. The Committee strongly believes that where 
operationally feasible, DHS should maximize limited resources 
and increase operational efficiencies.

Sec. 6.   Strategic Personnel Plan for U.S. Customs and Border 
        Protection Personnel Deployed Abroad.

    This section requires the Commissioner of CBP to submit to 
Congress a three-year strategic plan for the deployment of CBP 
personnel to locations outside of the United States. This plan 
must also include the risk-based method of determining where to 
deploy personnel, a plan to ensure oversight of personnel while 
stationed overseas, and information on where personnel will be 
deployed in the future.
    The Committee supports CBP's efforts to grow its presence 
overseas and ``push the border out.'' Nonetheless, an important 
part of this effort is proper Congressional oversight. This 
report will guide oversight of CBP's international programs to 
ensure that CBP is taking a strategic look at its operations 
and how it plans to manage those operations and personnel in 
the future.

Sec. 7.   Threat Assessment for United States-bound International Mail.

    This section requires the Commissioner of CBP to submit to 
Congress an assessment of threats posed by international mail 
bound for the United States. The Committee is concerned that 
given the relative lack of information about international mail 
inbound to the U.S., potential security threats must be better 
understood so that they can be mitigated.

Sec. 8.   Evaluation of Coast Guard Deployable Specialized Forces.

    This section requires the Comptroller General to submit to 
Congress a report that describes and assesses the state of the 
Coast Guard's homeland security related Deployable Specialized 
Forces (DSF). This report will address the cost, capability and 
operations completed as part of the program. This report will 
also provide recommendations for future coordination of the 
DSF.
    The Committee believes the DSF provides the Coast Guard 
with a necessary counter-terrorism, anti-terrorism and counter-
narcotic capability. However, the Committee is concerned that 
some of the high-cost capabilities of the DSF have not provided 
tangible operational results to date. The Coast Guard made many 
changes following the Stem to Stern Review of the Deployable 
Specialized Forces and this section will provide additional 
insight for the future direction of the DSF program.

Sec. 9.   Customs-Trade Partnership Against Terrorism Improvement.

    Subsection (a) of Section 9 amends Section 212 of the SAFE 
Port Act of 2006 (SAFE Port) to authorize an Exporter program 
within CBP's Customs-Trade Partnership Against Terrorism (C-
TPAT) program. CBP established a C-TPAT Exporter program 
earlier this year under the ``other entities'' authority 
provided to them in SAFE Port. The Committee supports the 
creation of the Exporter program within C-TPAT and, therefore, 
provides an authorization for it in section 212.

    ``Sec. 218.   recognition of other countries trusted shipper 
        program.''

    Section 218 authorizes CBP to provide mutual recognition of 
another country's trusted shipper programs, provided the 
country reciprocates to C-TPAT member companies, and the other 
country's program provides an equivalent level of security to 
C-TPAT. The Committee believes that by recognizing trusted 
shipper programs from other countries, the Department will save 
money and increase the efficiency of the international supply 
chain.

Sec. 10.   Strategic Plan to Enhance the Security of the International 
        Supply Chain.

    This section requires DHS, every three years, to provide a 
detailed strategy to enhance the security of the international 
supply chain. The Committee expects the strategy to be focused 
on reducing unnecessary redundancies, building resiliency, and 
utilizing existing resources, technology, and concepts. The 
strategy should also consider providing incentives for the 
private sector to improve global supply chain security and 
should include measurable goals and metrics to assess success 
of the strategy.
    The Committee remains frustrated by the brief National 
Strategy for Global Supply Chain Security issued by DHS in 
January of 2012, and is concerned that the document did not 
comply with the statutory requirements of the SAFE Port Act of 
2006. The Committee believes that this provision will correct 
that deficiency by requiring the Department to publish an in-
depth strategy that more fully comports with the original 
Congressional intent.

Sec. 11.   Container Security Initiative.

    CBP developed the Container Security Initiative (CSI) in 
2002 to identify and examine maritime containers at foreign 
ports that may pose a risk for terrorism before the containers 
are shipped to the United States. This section amends section 
205 of the SAFE Port Act of 2006 and requires the Secretary to 
submit an updated report on CSI that addresses location, 
investment, expansion and effectiveness of the program. The 
Committee believes CSI effectively pushes our security efforts 
out beyond the geographic borders of the United States to 
increase opportunities to detect high-risk containers before 
they are loaded overseas and arrive at our ports. However, the 
Committee is concerned that the current CSI ports do not 
include a number of additional high-risk ports.

Sec. 12.   Transportation Worker Identification Credential Waiver and 
        Appeals Process.

    Section 70105 of Title 46 is amended by adding:

    ``(r)   securing the transportation worker identification 
        credential against use by unauthorized aliens.''

    This section prevents unauthorized aliens from being able 
to acquire a Transportation Worker Identification Credential 
(TWIC) by directing the Secretary to ensure the TWIC enrollment 
and distribution process requires an applicant to present proof 
of U.S. citizenship or authorization to work in the United 
States. Furthermore, the Secretary is directed to modify the 
TWIC enrollment process so that a TWIC will expire upon the 
same date that a TWIC-holder's work authorization or visa will 
expire--whichever comes sooner.
    The Committee recognizes that the Secretary has already 
implemented some of these changes. This provision will codify 
and expand on those changes, to ensure all TWIC holders have 
authorization to work in the United States.
    This section also requires the Secretary to provide 
Congress with a report on the status of the TWIC appeals 
process. The required report includes information on the 
average wait time for the completion of an appeal as well as 
the most common reasons for delays and recommendations for 
resolving such delays.
    The Committee remains concerned with the significant delays 
and backlogs that have plagued the TWIC program over the past 
several years. This report will provide enhanced oversight over 
the TWIC program as Congress and the Committee moves towards 
determining its future.

Sec. 13.   Annual Report of U.S. Customs and Border Protection 
        Staffing.

    This section requires CBP to submit to Congress the OFO 
staffing model and staffing levels that are assigned to each 
port of entry, including CBP officers, Agriculture Specialists, 
and support staff. The Committee believes this information is 
vital for oversight purposes to properly inform the Congress 
regarding OFO staffing needs and hold CBP accountable for 
minimizing wait times at our Nation's ports of entry.
    The Committee understands that it takes CBP approximately 
18 months to recruit, hire and train new Officers. Ports of 
entry, and particularly airports, are dynamic environments, 
with some airports expecting rapid growth and other airports 
experiencing a decline in international passenger traffic. 
Therefore, the Committee believes that future staffing 
decisions should be based on more than a snapshot in time. 
Rather, staffing decisions should take into account a robust 
analysis of projected changes in passenger and cargo flow at 
ports of entry, as well as business transformation initiatives 
ongoing at our nation's ports.
    In complying with this section, the Committee directs OFO 
to consider projected changes at CBP facilities beyond an 18-
month window when determining future staffing needs. In order 
to determine future needs, OFO should actively consult with key 
stakeholders at airports, sea ports and land ports of entry, 
especially those with major expansion plans underway.

Sec. 14.   Conforming Amendments.

    Section 14 offers conforming language to Title IV of the 
Homeland Security Act of 2002 to replace: ``United States 
Customs Service'' with ``U.S. Customs and Border Protection''; 
``Customs Service'' with ``U.S. Customs and Border 
Protection''; and ``Commissioner of Customs' with 
``Commissioner of U.S. Customs and Border Protection''.

Sec. 15.   Repeals.

    Section 15 repeals several provisions of the SAFE Port Act 
of 2006. These include several reporting requirements that DHS 
completed several years ago.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

                     HOMELAND SECURITY ACT OF 2002


SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Homeland 
Security Act of 2002''.
  (b) Table of Contents.--The table of contents for this Act is 
as follows:

     * * * * * * *

       TITLE IV--DIRECTORATE OF BORDER AND TRANSPORTATION SECURITY

     * * * * * * *

                Subtitle B--United States Customs Service

     * * * * * * *
Sec. 420. Immigration advisory 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.

                  Subtitle C--Miscellaneous Provisions

     * * * * * * *
Sec. 434. Establishment of the Office of Biometric Identity Management.
Sec. 435. Border Security Joint Task Forces.
Sec. 436. Updates of maritime operations coordination plan.
     * * * * * * *

     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.

           *       *       *       *       *       *       *


TITLE IV--DIRECTORATE OF BORDER AND TRANSPORTATION SECURITY

           *       *       *       *       *       *       *


  Subtitle B--[United States Customs Service] U.S. Customs and Border 
                               Protection

SEC. 411. ESTABLISHMENT; [COMMISSIONER OF CUSTOMS]  COMMISSIONER OF 
                    U.S. CUSTOMS AND BORDER PROTECTION.

  (a) Establishment.--There is established in the Department 
the [United States Customs Service] U.S. Customs and Border 
Protection, under the authority of the Under Secretary for 
Border and Transportation Security, which shall be vested with 
those functions including, but not limited to those set forth 
in section 415(7), and the personnel, assets, and liabilities 
attributable to those functions.
  (b) [Commissioner of Customs] Commissioner of U.S. Customs 
and Border Protection.--
          (1) In general.--There shall be at the head of the 
        [Customs Service] U.S. Customs and Border Protection a 
        [Commissioner of Customs] Commissioner of U.S. Customs 
        and Border Protection, who shall be appointed by the 
        President, by and with the advice and consent of the 
        Senate.

           *       *       *       *       *       *       *

          (3) Continuation in office.--The individual serving 
        as the [Commissioner of Customs] Commissioner of U.S. 
        Customs and Border Protection on the day before the 
        effective date of this Act may serve as the 
        [Commissioner of Customs] Commissioner of U.S. Customs 
        and Border Protection on and after such effective date 
        until a [Commissioner of Customs] Commissioner of U.S. 
        Customs and Border Protection is appointed under 
        paragraph (1).

SEC. 412. RETENTION OF CUSTOMS REVENUE FUNCTIONS BY SECRETARY OF THE 
                    TREASURY.

  (a) Retention of Customs Revenue Functions by Secretary of 
the Treasury.--
          (1) Retention of authority.--Notwithstanding section 
        403(a)(1), authority related to Customs revenue 
        functions that was vested in the Secretary of the 
        Treasury by law before the effective date of this Act 
        under those provisions of law set forth in paragraph 
        (2) shall not be transferred to the Secretary by reason 
        of this Act, and on and after the effective date of 
        this Act, the Secretary of the Treasury may delegate 
        any such authority to the Secretary at the discretion 
        of the Secretary of the Treasury. The Secretary of the 
        Treasury shall consult with the Secretary regarding the 
        exercise of any such authority not delegated to the 
        Secretary.
          (2) Statutes.--The provisions of law referred to in 
        paragraph (1) are the following: the Tariff Act of 
        1930; section 249 of the Revised Statutes of the United 
        States (19 U.S.C. 3); section 2 of the Act of March 4, 
        1923 (19 U.S.C. 6); section 13031 of the Consolidated 
        Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 
        58c); section 251 of the Revised Statutes of the United 
        States (19 U.S.C. 66); section 1 of the Act of June 26, 
        1930 (19 U.S.C. 68); the Foreign Trade Zones Act (19 
        U.S.C. 81a et seq.); section 1 of the Act of March 2, 
        1911 (19 U.S.C. 198); the Trade Act of 1974; the Trade 
        Agreements Act of 1979; the North American Free Trade 
        Area Implementation Act; the Uruguay Round Agreements 
        Act; the Caribbean Basin Economic Recovery Act; the 
        Andean Trade Preference Act; the African Growth and 
        Opportunity Act; and any other provision of law vesting 
        customs revenue functions in the Secretary of the 
        Treasury.
  (b) Maintenance of Customs Revenue Functions.--
          (1) Maintenance of functions.--Notwithstanding any 
        other provision of this Act, the Secretary may not 
        consolidate, discontinue, or diminish those functions 
        described in paragraph (2) performed by the [United 
        States Customs Service] U.S. Customs and Border 
        Protection (as established under section 411) on or 
        after the effective date of this Act, reduce the 
        staffing level, or reduce the resources attributable to 
        such functions, and the Secretary shall ensure that an 
        appropriate management structure is implemented to 
        carry out such functions.
          (2) Functions.--The functions referred to in 
        paragraph (1) are those functions performed by the 
        following personnel, and associated support staff, of 
        the [United States Customs Service] U.S. Customs and 
        Border Protection on the day before the effective date 
        of this Act: Import Specialists, Entry Specialists, 
        Drawback Specialists, National Import Specialist, Fines 
        and Penalties Specialists, attorneys of the Office of 
        Regulations and Rulings, Customs Auditors, 
        International Trade Specialists, Financial Systems 
        Specialists.
  (c) New Personnel.--The Secretary of the Treasury is 
authorized to appoint up to 20 new personnel to work with 
personnel of the Department in performing customs revenue 
functions.

SEC. 413. PRESERVATION OF CUSTOMS FUNDS.

  Notwithstanding any other provision of this Act, no funds 
available to the [United States Customs Service] U.S. Customs 
and Border Protection or collected under paragraphs (1) through 
(8) of section 13031(a) of the Consolidated Omnibus Budget 
Reconciliation Act of 1985 may be transferred for use by any 
other agency or office in the Department.

SEC. 414. SEPARATE BUDGET REQUEST FOR CUSTOMS.

  The President shall include in each budget transmitted to 
Congress under section 1105 of title 31, United States Code, a 
separate budget request for the [United States Customs Service] 
U.S. Customs and Border Protection.

SEC. 415. DEFINITION.

   In this subtitle, the term ``customs revenue function'' 
means the following:
          (1) Assessing and collecting customs duties 
        (including antidumping and countervailing duties and 
        duties imposed under safeguard provisions), excise 
        taxes, fees, and penalties due on imported merchandise, 
        including classifying and valuing merchandise for 
        purposes of such assessment.
          (2) Processing and denial of entry of persons, 
        baggage, cargo, and mail, with respect to the 
        assessment and collection of import duties.
          (3) Detecting and apprehending persons engaged in 
        fraudulent practices designed to circumvent the customs 
        laws of the United States.
          (4) Enforcing section 337 of the Tariff Act of 1930 
        and provisions relating to import quotas and the 
        marking of imported merchandise, and providing Customs 
        Recordations for copyrights, patents, and trademarks.
          (5) Collecting accurate import data for compilation 
        of international trade statistics.
          (6) Enforcing reciprocal trade agreements.
          (7) Functions performed by the following personnel, 
        and associated support staff, of the [United States 
        Customs Service] U.S. Customs and Border Protection on 
        the day before the effective date of this Act: Import 
        Specialists, Entry Specialists, Drawback Specialists, 
        National Import Specialist, Fines and Penalties 
        Specialists, attorneys of the Office of Regulations and 
        Rulings, Customs Auditors, International Trade 
        Specialists, Financial Systems Specialists.
          (8) Functions performed by the following offices, 
        with respect to any function described in any of 
        paragraphs (1) through (7), and associated support 
        staff, of the [United States Customs Service] U.S. 
        Customs and Border Protection on the day before the 
        effective date of this Act: the Office of Information 
        and Technology, the Office of Laboratory Services, the 
        Office of the Chief Counsel, the Office of 
        Congressional Affairs, the Office of International 
        Affairs, and the Office of Training and Development.

SEC. 416. GAO REPORT TO CONGRESS.

  Not later than 3 months after the effective date of this Act, 
the Comptroller General of the United States shall submit to 
Congress a report that sets forth all trade functions performed 
by the executive branch, specifying each agency that performs 
each such function.

SEC. 417. ALLOCATION OF RESOURCES BY THE SECRETARY.

  (a) In General.--The Secretary shall ensure that adequate 
staffing is provided to assure that levels of customs revenue 
services provided on the day before the effective date of this 
Act shall continue to be provided.
  (b) Notification of Congress.--The Secretary shall notify the 
Committee on Ways and Means of the House of Representatives and 
the Committee on Finance of the Senate at least 90 days prior 
to taking any action which would--
          (1) result in any significant reduction in customs 
        revenue services, including hours of operation, 
        provided at any office within the Department or any 
        port of entry;
          (2) eliminate or relocate any office of the 
        Department which provides customs revenue services; or
          (3) eliminate any port of entry.
  (c) Definition.--In this section, the term ``customs revenue 
services'' means those customs revenue functions described in 
paragraphs (1) through (6) and paragraph (8) of section 415.

SEC. 418. REPORTS TO CONGRESS.

  (a) Continuing Reports.--The [United States Customs Service] 
U.S. Customs and Border Protection shall, on and after the 
effective date of this Act, continue to submit to the Committee 
on Ways and Means of the House of Representatives and the 
Committee on Finance of the Senate any report required, on the 
day before such the effective date of this Act, to be so 
submitted under any provision of law.
  (b) Report on Conforming Amendments.--Not later than 60 days 
after the date of enactment of this Act, the Secretary of the 
Treasury shall submit a report to the Committee on Finance of 
the Senate and the Committee on Ways and Means of the House of 
Representatives of proposed conforming amendments to the 
statutes set forth under section 412(a)(2) in order to 
determine the appropriate allocation of legal authorities 
described under this subsection. The Secretary of the Treasury 
shall also identify those authorities vested in the Secretary 
of the Treasury that are exercised by the [Commissioner of 
Customs] Commissioner of U.S. Customs and Border Protection on 
or before the effective date of this section.

           *       *       *       *       *       *       *


SEC. 420. IMMIGRATION ADVISORY PROGRAM.

  (a) In General.--There is authorized within U.S. Customs and 
Border Protection a program for Customs and Border Protection 
officers, pursuant to an agreement with a host country, to 
assist air carriers and security employees at foreign airports 
with review of traveler information during the processing of 
flights bound for the United States.
  (b) Activities.--In carrying out the program, Customs and 
Border Protection officers posted in foreign airports under 
subsection (a) may--
          (1) be present during processing of flights bound for 
        the United States;
          (2) assist air carriers and security employees with 
        document examination and traveler security assessments;
          (3) provide relevant training to air carriers, their 
        security staff, and host-country authorities;
          (4) analyze electronic passenger information and 
        passenger reservation data to identify potential 
        threats;
          (5) engage air carriers and travelers to confirm 
        potential terrorist watchlist matches;
          (6) make recommendations to air carriers to deny 
        potentially inadmissable passengers boarding flights 
        bound for the United States; and
          (7) conduct other activities to secure flights bound 
        for the United States, as directed by the Commissioner 
        of U.S. Customs and Border Protection.

SEC. 420A. AIR CARGO ADVANCE SCREENING.

  Not later than one year after the date of the enactment of 
this section, the Commissioner of U.S. Customs and Border 
Protection shall--
          (1) establish a program to ensure that the electronic 
        interchange system for the collection of advance 
        electronic information for cargo required by section 
        343 of the Trade Act of 2002 (19 U.S.C. 2071 note) has 
        the capacity to collect information pertaining to cargo 
        being imported to the United States by air at the 
        earliest point practicable prior to loading of such 
        cargo onto the aircraft destined to or transiting 
        through the United States; and
          (2) coordinate with the Administrator for the 
        Transportation Security Administration to identify 
        opportunities to harmonize requirements for air 
        carriers that are full participants in the system 
        described in paragraph (1).

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.
                  (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 USC 70101 note) 
        or the Border Enforcement Security Task Force 
        established under section 432.
  (d) Operation.--After determining the regions in which to 
establish IBETs, the Secretary may--
          (1) direct the assignment of Federal personnel to 
        such IBETs; and
          (2) 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.
  (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 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.

Subtitle C--Miscellaneous Provisions

           *       *       *       *       *       *       *


SEC. 434. ESTABLISHMENT OF THE OFFICE OF BIOMETRIC IDENTITY MANAGEMENT.

  (a) Establishment.--There is established within the 
Department an office to be known as the Office of Biometric 
Identity Management.
  (b) Director.--
          (1) In general.--There shall be at the head of the 
        Office of Biometric Identity Management a Director of 
        the Office of Biometric Identity Management (in this 
        section referred to as the ``Director'').
          (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 of 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 pursuant to 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.

SEC. 435. 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 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.--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.
  (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 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 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 the 
                joint 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) preventing and responding to homeland security 
        crises, as determined by the Secretary;
          (3) establishing other regionally-based operations; 
        or
          (4) cybersecurity.
  (l) 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 90 days prior to the establishment of an 
        additional Joint Task Force under subsection (k).
          (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.
  (m) 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 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.
  (n) 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 martime borders of the United States.
  (o) Sunset.--This section expires on September 30, 2018.

SEC. 436. 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 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 situational 
        awareness 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 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).

           *       *       *       *       *       *       *


     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 for border security, port security, transportation 
security, or counter-terrorism purposes, 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) each facility at which U.S. Customs and Border 
        Protection services are performed shall be provided, 
        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 and the Committee on Appropriations of the House of 
Representatives and the Committee on Homeland Security and 
Governmental Affairs and the Committee on Appropriations of the 
Senate an annual report identifying the activities undertaken 
and the agreements entered into pursuant to this section.

SEC. 482. PORT OF ENTRY DONATION AUTHORITY.

  (a) Agreements Authorized.--
          (1) In general.--The Commissioner of U.S. Customs and 
        Border Protection, in collaboration with the 
        Administrator of the General Services Administration as 
        applicable under subsection (f), may enter into an 
        agreement with any entity to accept a donation of real 
        or personal property, including monetary donations, or 
        nonpersonal services, for uses described in subsection 
        (c) at a new or existing land, sea, or air port of 
        entry, or any facility or other infrastructure at a 
        location at which U.S. Customs and Border Protection 
        performs or will be performing inspection services.
          (2) GSA.--If the Administrator of the General 
        Services Administration owns or leases a new or 
        existing land port of entry at a location at which U.S. 
        Customs and Border Protection performs or will be 
        performing inspection services, the Administrator, in 
        collaboration with the Commissioner of U.S. Customs and 
        Border Protection, may enter into an agreement with any 
        entity to accept a donation of real or personal 
        property, including monetary donations, or nonpersonal 
        services, at such location for uses described in 
        subsection (c).
  (b) Limitation on Monetary Donations.--Any monetary donation 
accepted pursuant to subsection (a) may not be used to pay the 
salaries of U.S. Customs and Border Protection employees 
performing inspection services.
  (c) Use.--Donations accepted pursuant to subsection (a) may 
be used for activities related to construction, alteration, 
operation, or maintenance of a new or existing land, sea, or 
air port of entry, as appropriate, or any facility or other 
infrastructure at a location at which U.S. Customs and Border 
Protection performs or will be performing inspections services, 
including expenses related to--
          (1) land acquisition, design, construction, repair, 
        or alteration;
          (2) furniture, fixtures, equipment, or technology, 
        including installation or the deployment thereof; and
          (3) operation and maintenance of such port of entry, 
        facility, infrastructure, equipment, or technology.
  (d) Transfer.--Notwithstanding any other provision of law, 
donations accepted by the Commissioner of U.S. Customs and 
Border Protection or the Administrator of the General Services 
Administration pursuant to subsection (a) may be transferred 
between U.S. Customs and Border Protection and the General 
Services Administration.
  (e) Duration.--An agreement entered into under subsection (a) 
may last as long as required to meet the terms of such 
agreement.
  (f) Role of the Administrator.--The role, involvement, and 
authority of the Administrator of the General Services 
Administration under this section shall be limited to donations 
made at new or existing land ports of entry, facilities, or 
other infrastructure owned or leased by the General Services 
Administration.
  (g) Coordination.--In carrying out agreements entered into 
under subsection (a), the Commissioner of U.S. Customs and 
Border Protection and the Administrator of the General Services 
Administration shall establish criteria that includes the 
following:
          (1) Selection and evaluation of donors.
          (2) Identification of roles and responsibilities 
        between U.S. Customs and Border Protection, the General 
        Services Administration, and donors.
          (3) Decision-making and dispute resolution processes.
          (4) Processes for U.S. Customs and Border Protection 
        and the General Services Administration 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.
  (h) Evaluation Procedures.--
          (1) In general.--Not later than 180 days after the 
        date of the enactment of this Act, the Commissioner of 
        U.S. Customs and Border Protection, in consultation 
        with the Administrator of the General Services 
        Administration, as appropriate, shall--
                  (A) establish criteria for evaluating a 
                proposal to enter into an agreement under 
                subsection (a); and
                  (B) make such criteria publicly available.
          (2) Considerations.--Criteria established pursuant to 
        paragraph (1) shall consider the following:
                  (A) The impact of such proposal on the land, 
                sea, or air port of entry or facility or other 
                infrastructure at issue and other ports of 
                entry or similar facilities or other 
                infrastructure near the location of the 
                proposed donation.
                  (B) The proposal's potential to increase 
                trade and travel efficiency through added 
                capacity.
                  (C) The proposal's potential to enhance the 
                security of the port of entry or facility or 
                other infrastructure at issue.
                  (D) The funding available to complete the 
                intended use of a donation under this 
                subsection, if such donation is real property.
                  (E) The costs of maintaining and operating 
                such donation.
                  (F) Whether such donation, if real property, 
                satisfies the requirements of such proposal, or 
                whether additional real property would be 
                required.
                  (G) The impact of such proposal on U.S. 
                Customs and Border Protection staffing 
                requirements.
                  (H) Other factors that the Commissioner or 
                Administrator determines to be relevant.
          (3) Determination and notification.--Not later than 
        180 days after receiving a proposal to enter into an 
        agreement under subsection (a), the Commissioner of 
        U.S. Customs and Border Protection shall make a 
        determination to deny or approve such proposal, and 
        shall notify the entity that submitted such proposal of 
        such determination.
  (i) Supplemental Funding.--Donations made pursuant to 
subsection (a) may be used in addition to any other funding for 
such purpose, including appropriated funds, property, or 
services.
  (j) Return of Donations.--The Commissioner of U.S. Customs 
and Border Protection or the Administrator of the General 
Services Administration, as the case may be, may return any 
donation made pursuant to subsection (a). No interest shall be 
owed to the donor with respect to any donation provided under 
such subsection that is returned pursuant to this subsection.
  (k) Annual Reports.--The Commissioner of U.S. Customs and 
Border Protection, in collaboration with the Administrator of 
the General Services Administration, as appropriate, 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 
this section.
  (l) 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.

           *       *       *       *       *       *       *

                              ----------                              


 SECTION 560 OF DIVISION D OF THE CONSOLIDATED AND FURTHER CONTINUING 
                        APPROPRIATIONS ACT, 2013

  [Sec. 560. (a) Notwithstanding sections 58c(e) and 1451 of 
title 19, United States Code, upon the request of any persons, 
the Commissioner of U.S. Customs and Border Protection may 
enter into reimbursable fee agreements for a period of up to 5 
years with such persons for the provision of U.S. Customs and 
Border Protection services and any other costs incurred by U.S. 
Customs and Border Protection relating to such services. Such 
requests may include additional U.S. Customs and Border 
Protection services at existing U.S. Customs and Border 
Protection-serviced facilities (including but not limited to 
payment for overtime), the provision of U.S. Customs and Border 
Protection services at new facilities, and expanded U.S. 
Customs and Border Protection services at land border 
facilities.
          [(1) By December 31, 2013, the Commissioner may enter 
        into not more than 5 agreements under this section.
          [(2) The Commissioner shall not enter into such an 
        agreement if it would unduly and permanently impact 
        services funded in this or any other appropriations 
        Acts, or provided from any accounts in the Treasury of 
        the United States derived by the collection of fees.
  [(b) Funds collected pursuant to any agreement entered into 
under this section shall be deposited in a newly established 
account as offsetting collections and remain available until 
expended, without fiscal year limitation, and shall directly 
reimburse each appropriation for the amount paid out of that 
appropriation for any expenses incurred by U.S. Customs and 
Border Protection in providing U.S. Customs and Border 
Protection services and any other costs incurred by U.S. 
Customs and Border Protection relating to such services.
  [(c) The amount of the fee to be charged pursuant to an 
agreement authorized under subsection (a) of this section shall 
be paid by each person requesting U.S. Customs and Border 
Protection services and shall include, but shall not be limited 
to, the salaries and expenses of individuals employed by U.S. 
Customs and Border Protection to provide such U.S. Customs and 
Border Protection services and other costs incurred by U.S. 
Customs and Border Protection relating to those services, such 
as temporary placement or permanent relocation of those 
individuals.
  [(d) U.S. Customs and Border Protection shall terminate the 
provision of services pursuant to an agreement entered into 
under subsection (a) with a person that, after receiving notice 
from the Commissioner that a fee imposed under subsection (a) 
is due, fails to pay the 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 reimbursed, will become 
immediately due and payable. Interest on unpaid fees will 
accrue based on current U.S. Treasury borrowing rates. 
Additionally, any person who, after notice and demand for 
payment of any fee charged under subsection (a) of this 
section, 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 the fee. Any amount collected pursuant to any 
agreement entered into under this subsection shall be deposited 
into the account specified under subsection (b) of this section 
and shall be available as described therein.
  [(e) Each facility at which such U.S. Customs and Border 
Protection services are performed shall provide, maintain, and 
equip, without cost to the Government, facilities in accordance 
with U.S. Customs and Border Protection specifications.
  [(f) The authority found in this section may not be used to 
enter into agreements to expand or begin to provide U.S. 
Customs and Border Protection services outside of the United 
States.
  [(g) The authority found in this section may not be used at 
existing U.S. Customs and Border Protection-serviced air 
facilities to enter into agreements for costs other than 
payment of overtime and the salaries, training and benefits of 
individuals employed by U.S. Customs and Border Protection to 
support U.S. Customs and Border Protection officers in 
performing law enforcement functions at ports of entry, 
including primary and secondary processing of passengers.
  [(h) The Commissioner shall notify the appropriate Committees 
of Congress 15 days prior to entering into any agreement under 
the authority of this section and shall provide a copy of the 
agreement to the appropriate Committees of Congress.
  [(i) For purposes of this section the terms:
          [(1) U.S. Customs and Border Protection ``services'' 
        means any activities of any employee or contractor of 
        U.S. Customs and Border Protection pertaining to 
        customs and immigration inspection-related matters.
          [(2) ``Person'' means any natural person or any 
        corporation, partnership, trust, association, or any 
        other public or private entity, or any officer, 
        employee, or agent thereof.
          [(3) ``Appropriate Committees of Congress'' means the 
        Committees on Appropriations; Finance; Judiciary; and 
        Homeland Security and Governmental Affairs of the 
        Senate and the Committees on Appropriations; Judiciary; 
        Ways and Means; and Homeland Security of the House of 
        Representatives.]
                              ----------                              


 SECTION 559 OF DIVISION F OF THE CONSOLIDATED APPROPRIATIONS ACT, 2014

  [Sec. 559. (a) In General.--In addition to existing 
authorities, the Commissioner of U.S. Customs and Border 
Protection, in collaboration with the Administrator of General 
Services, is authorized to conduct a pilot program in 
accordance with this section to permit U.S. Customs and Border 
Protection to enter into partnerships with private sector and 
government entities at ports of entry for certain services and 
to accept certain donations.
  [(b) 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.
  [(c) Duration.--The pilot program described in subsection (a) 
shall be for five years. A partnership entered into during such 
pilot program may last as long as required to meet the terms of 
such partnership. At the end of such five year period, the 
Commissioner may request that such pilot program be made 
permanent.
  [(d) Coordination.--
          [(1) In general.--The Commissioner, in consultation 
        with participating private sector and government 
        entities in a partnership under subsection (a), shall 
        provide the Administrator with information relating to 
        U.S. Customs and Border Protection's requirements for 
        new facilities or upgrades to existing facilities at 
        land ports of entry.
          [(2) Criteria.--The Commissioner and the 
        Administrator shall establish criteria for entering 
        into a partnership under subsection (a) that include 
        the following:
                  [(A) Selection and evaluation of potential 
                partners.
                  [(B) Identification and documentation of 
                roles and responsibilities between U.S. Customs 
                and Border Protection, General Services 
                Administration, and private and government 
                partners.
                  [(C) Identification, allocation, and 
                management of explicit and implicit risks of 
                partnering between U.S. Customs and Border 
                Protection, General Services Administration, 
                and private and government partners.
                  [(D) Decision-making and dispute resolution 
                processes in partnering arrangements.
                  [(E) Criteria and processes for U.S. Customs 
                and Border Protection and General Services 
                Administration to terminate agreements if 
                private or government partners are not meeting 
                the terms of such a partnership, including the 
                security standards established by U.S. Customs 
                and Border Protection.
          [(3) Evaluation plan.--The Commissioner, in 
        collaboration with the Administrator, 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 
        evaluation plan for the pilot program described in 
        subsection (a) that includes the following:
                  [(A) Well-defined, clear, and measurable 
                objectives.
                  [(B) Performance criteria or standards for 
                determining the performance of such pilot 
                program.
                  [(C) Clearly articulated evaluation 
                methodology, including--
                          [(i) sound sampling methods;
                          [(ii) a determination of appropriate 
                        sample size for the evaluation design;
                          [(iii) a strategy for tracking such 
                        pilot program's performance; and
                          [(iv) an evaluation of the final 
                        results.
                  [(D) A plan detailing the type and source of 
                data necessary to evaluate such pilot program, 
                methods for data collection, and the timing and 
                frequency of data collection.
  [(e) Authority to Enter Into Agreements for the Provision of 
Certain Services at Ports of Entry.--
          [(1) 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 may, 
        during the pilot program described in subsection (a) 
        and upon the request of a private sector or government 
        entity with which U.S. Customs and Border Protection 
        has entered into a partnership, enter into a 
        reimbursable fee agreement with such entity under 
        which--
                  [(A) U.S. Customs and Border Protection will 
                provide services described in paragraph (2) at 
                a port of entry;
                  [(B) such entity will pay a fee imposed under 
                paragraph (4) to reimburse U.S. Customs and 
                Border Protection for the costs incurred in 
                providing such services; and
                  [(C) each facility at which U.S. Customs and 
                Border Protection services are performed shall 
                be provided, maintained, and equipped by such 
                entity, without cost to the Federal Government, 
                in accordance with U.S. Customs and Border 
                Protection specifications.
          [(2) Services described.--Services described in this 
        paragraph are any activities of any employee or 
        contractor of U.S. Customs and Border Protection 
        pertaining to customs, agricultural processing, border 
        security, and immigration inspection-related matters at 
        ports of entry.
          [(3) Limitations.--
                  [(A) Impacts of services.--The Commissioner 
                may not enter into a reimbursable fee agreement 
                under this subsection if such agreement would 
                unduly and permanently impact services funded 
                in this or any other appropriations Act, or 
                provided from any account in the Treasury of 
                the United States derived by the collection of 
                fees.
                  [(B) For certain costs.--The authority found 
                in this subsection may not be used at U.S. 
                Customs and Border Protection-serviced air 
                ports of entry to enter into reimbursable fee 
                agreements for costs other than payment of 
                overtime and the salaries, training and 
                benefits of individuals employed by U.S. 
                Customs and Border Protection to support U.S. 
                Customs and Border Protection officers in 
                performing law enforcement functions at ports 
                of entry, including primary and secondary 
                processing of passengers.
                  [(C) The authority found in this subsection 
                may not be used to enter into new preclearance 
                agreements or begin to provide U.S. Customs and 
                Border Protection services outside of the 
                United States.
                  [(D) The authority found in this subsection 
                shall be limited with respect to U.S. Customs 
                and Border Protection-serviced air ports of 
                entry to five pilots per year.
          [(4) Fee.--
                  [(A) In general.--The amount of the fee to be 
                charged pursuant to an agreement authorized 
                under paragraph (1) shall be paid by each 
                private sector and government entity requesting 
                U.S. Customs and Border Protection services, 
                and shall include the salaries and expenses of 
                individuals employed by 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 individuals.
                  [(B) Oversight of fees.--The Commissioner 
                shall develop a process to oversee the 
                activities reimbursed by the fees charged 
                pursuant to an agreement authorized under 
                paragraph (1) that includes the following:
                          [(i) A determination and report on 
                        the full costs of providing services, 
                        including direct and indirect costs, 
                        including a process for increasing such 
                        fees as necessary.
                          [(ii) Establishment of a monthly 
                        remittance schedule to reimburse 
                        appropriations.
                          [(iii) Identification of overtime 
                        costs to be reimbursed by such fees.
          [(5) Deposit of funds.--Funds collected pursuant to 
        any agreement entered into under paragraph (1) shall be 
        deposited as offsetting collections and remain 
        available until expended, without fiscal year 
        limitation, and shall directly reimburse each 
        appropriation for the amount paid out of that 
        appropriation for any expenses incurred by U.S. Customs 
        and Border Protection in providing U.S. Customs and 
        Border Protection services and any other costs incurred 
        by U.S. Customs and Border Protection relating to such 
        services.
          [(6) Termination.--The Commissioner shall terminate 
        the provision of services pursuant to an agreement 
        entered into under paragraph (1) with a private sector 
        or government entity that, after receiving notice from 
        the Commissioner that a fee imposed under paragraph (4) 
        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 
        reimbursed, will become immediately due and payable. 
        Interest on unpaid fees will accrue based on current 
        Treasury borrowing rates. Additionally, any private 
        sector or government entity that, after notice and 
        demand for payment of any fee charged under paragraph 
        (4), 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 amount collected 
        pursuant to any agreement entered into under paragraph 
        (1) shall be deposited into the account specified under 
        paragraph (5) and shall be available as described 
        therein.
          [(7) Notification.--The Commissioner shall notify the 
        Congress 15 days prior to entering into any agreement 
        under paragraph (1) and shall provide a copy of such 
        agreement.
  [(f) Donations.--
          [(1) In general.--Subject to paragraph (2), the 
        Commissioner and the Administrator may, during the 
        pilot program described in subsection (a), accept a 
        donation of real or personal property (including 
        monetary donations) or nonpersonal services from any 
        private sector or government entity with which U.S. 
        Customs and Border Protection has entered into a 
        partnership.
          [(2) Allowable uses of donations.--The Commissioner 
        and the Administrator, with respect to any donation 
        provided pursuant to paragraph (1), may--
                  [(A) use such donation for necessary 
                activities related to the construction, 
                alteration, operation, or maintenance of an 
                existing port of entry facility under the 
                jurisdiction, custody, and control of the 
                Commissioner, including expenses related to--
                          [(i) land acquisition, design, 
                        construction, repair and alteration;
                          [(ii) furniture, fixtures, and 
                        equipment;
                          [(iii) the deployment of technology 
                        and equipment; and
                          [(iv) operations and maintenance; or
                  [(B) transfer such property or services to 
                the Administrator for necessary activities 
                described in subparagraph (A) related to a new 
                or existing port of entry under the 
                jurisdiction, custody, and control of the 
                Administrator, subject to chapter 33 of title 
                40, United States Code. Such transfer shall not 
                be required for personal property, including 
                furniture, fixtures, and equipment.
          [(3) Consultation and budget.--
                  [(A) With the private sector or government 
                entity.--To accept a donation described in 
                paragraph (1), the Commissioner and the 
                Administrator shall--
                          [(i) consult with the appropriate 
                        stakeholders and the private sector or 
                        government entity that is providing the 
                        donation and provide such entity with a 
                        description of the intended use of such 
                        donation; and
                          [(ii) submit to the Committee on 
                        Appropriations, the Committee on 
                        Homeland Security, and the Committee on 
                        Transportation and Infrastructure of 
                        the House of Representatives and the 
                        Committee on Appropriations, the 
                        Committee on Homeland Security and 
                        Governmental Affairs, and the Committee 
                        on Environment and Public Works of the 
                        Senate a report not later than one year 
                        after the date of enactment of this 
                        Act, and annually thereafter, that 
                        describes--
                                  [(I) the accepted donations 
                                received under this subsection;
                                  [(II) the ports of entry that 
                                received such donations; and
                                  [(III) how each donation 
                                helped facilitate the 
                                construction, alternation, 
                                operation, or maintenance of a 
                                new or existing land port of 
                                entry.
                  [(B) Savings provision.--Nothing in this 
                paragraph may be construed to--
                          [(i) create any right or liability of 
                        the parties referred to in subparagraph 
                        (A); or
                          [(ii) affect any consultation 
                        requirement under any other law.
          [(4) Evaluation procedures.--Not later than 180 days 
        after the date of the enactment of this Act, the 
        Commissioner, in consultation with the Administrator, 
        shall establish procedures for evaluating a proposal 
        submitted by a private sector or government entity to 
        make a donation of real or personal property (including 
        monetary donations) or nonpersonal services under 
        paragraph (1) relating to a port of entry under the 
        jurisdiction, custody and control of the Commissioner 
        or the Administrator and make any such evaluation 
        criteria publicly available.
          [(5) Considerations.--In determining whether or not 
        to approve a proposal referred to in paragraph (4), the 
        Commissioner or the Administrator shall consider--
                  [(A) the impact of such proposal on the port 
                of entry at issue and other ports of entry on 
                the same border;
                  [(B) the potential of such proposal to 
                increase trade and travel efficiency through 
                added capacity;
                  [(C) the potential of such proposal to 
                enhance the security of the port of entry at 
                issue;
                  [(D) the funding available to complete the 
                intended use of a donation under this 
                subsection, if such donation is real property;
                  [(E) the costs of maintaining and operating 
                such donation;
                  [(F) whether such donation, if real property, 
                satisfies the requirements of such proposal, or 
                whether additional real property would be 
                required;
                  [(G) an explanation of how such donation, if 
                real property, was secured, including if 
                eminent domain was used;
                  [(H) the impact of such proposal on staffing 
                requirements; and
                  [(I) other factors that the Commissioner or 
                Administrator determines to be relevant.
          [(6) Unconditional monetary donations.--A monetary 
        donation shall be made unconditionally, although the 
        donor may specify--
                  [(A) the port of entry facility or facilities 
                to be benefitted from such donation; and
                  [(B) the timeframe during which such donation 
                shall be used.
          [(7) Supplemental funding.--Real or personal property 
        (including monetary donations) or nonpersonal services 
        donated pursuant to paragraph (1) may be used in 
        addition to any other funding (including appropriated 
        funds), property, or services made available for the 
        same purpose.
          [(8) Return of donations.--If the Commissioner or the 
        Administrator does not use the real property or 
        monetary donation donated pursuant to paragraph (1) for 
        the specific port of entry facility or facilities 
        designated by the donor or within the timeframe 
        specified by the donor, such donated real property or 
        money may be returned to the donor. No interest shall 
        be owed to the donor with respect to any donation of 
        funding provided under such paragraph (1) that is 
        returned pursuant to this paragraph.
          [(9) Savings provision.--Nothing in this subsection 
        may be construed to affect or alter the existing 
        authority of the Commissioner or the Administrator to 
        construct, alter, operate, and maintain port of entry 
        facilities.
  [(g) Annual Reports.--The Commissioner, in collaboration with 
the Administrator, shall annually 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 Environment and Public Works of the Senate a 
report on the pilot program and activities undertaken pursuant 
thereto in accordance with this Act.
  [(h) Definitions.--In this section--
          [(1) the term ``private sector entity'' means any 
        corporation, partnership, trust, association, or any 
        other private entity, or any officer, employee, or 
        agent thereof;
          [(2) the term ``Commissioner'' means the Commissioner 
        of U.S. Customs and Border Protection; and
          [(3) the term ``Administrator'' means the 
        Administrator of General Services.
  [(i) Role of General Services Administration.--Under this 
section, collaboration with the Administrator of General 
Services is required only with respect to partnerships at land 
ports of entry.]
                              ----------                              


         SECURITY AND ACCOUNTABILITY FOR EVERY PORT ACT OF 2006


SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Security and 
Accountability For Every Port Act of 2006'' or the ``SAFE Port 
Act''.
  (b) Table of Contents.--The table of contents for this Act is 
as follows:

     * * * * * * *

               TITLE I--SECURITY OF UNITED STATES SEAPORTS

                     Subtitle A--General Provisions

     * * * * * * *
[Sec. 105. Study to identify redundant background records checks.]
     * * * * * * *

                       Subtitle C--Port Operations

     * * * * * * *
[Sec. 122. Inspection of car ferries entering from abroad.]
     * * * * * * *
[Sec. 127. Report on arrival and departure manifests for certain 
          commercial vessels in the United States Virgin Islands.]
     * * * * * * *

          TITLE II--SECURITY OF THE INTERNATIONAL SUPPLY CHAIN

     * * * * * * *

         Subtitle B--Customs-Trade Partnership Against Terrorism

     * * * * * * *
[Sec. 218. Third party validations.]
Sec. 218. Recognition of other countries' trusted shipper programs.
     * * * * * * *

                  Subtitle C--Miscellaneous Provisions

     * * * * * * *
[Sec. 235. Pilot program to improve the security of empty containers.]
     * * * * * * *

                        TITLE VII--OTHER MATTERS

[Sec. 701. Security plan for essential air service and small community 
          airports.]
     * * * * * * *
[Sec. 708. Aircraft charter customer and lessee prescreening program.]

           *       *       *       *       *       *       *


              TITLE I--SECURITY OF UNITED STATES SEAPORTS

Subtitle A--General Provisions

           *       *       *       *       *       *       *


[SEC. 105. STUDY TO IDENTIFY REDUNDANT BACKGROUND RECORDS CHECKS.

  [(a) Study.--The Comptroller General of the United States 
shall conduct a study of background records checks carried out 
for the Department that are similar to the background records 
check required under section 5103a of title 49, United States 
Code, to identify redundancies and inefficiencies in connection 
with such checks.
  [(b) Report.--Not later than 6 months after the date of the 
enactment of this Act, the Comptroller General of the United 
States shall submit a report to Congress on the results of the 
study, including--
          [(1) an identification of redundancies and 
        inefficiencies referred to in subsection (a); and
          [(2) recommendations for eliminating such 
        redundancies and inefficiencies.]

           *       *       *       *       *       *       *


SEC. 108. ESTABLISHMENT OF INTERAGENCY OPERATIONAL CENTERS FOR PORT 
                    SECURITY.

  (a) In general.--[Omitted--Amendment to law]
  (b) Report Requirement.--Nothing in this section or the 
amendments made by this section relieves the Commandant of the 
Coast Guard from complying with the requirements of section 807 
of the Coast Guard and Maritime Transportation Act of 2004 
(Public Law 108-293; 118 Stat. 1082). The Commandant shall 
utilize the information developed in making the report required 
by that section in carrying out the requirements of this 
section.
  [(c) Budget and Cost-Sharing Analysis.--Not later than 180 
days after the date of the enactment of this Act, the Secretary 
of the department in which the Coast Guard is operating shall 
submit to the appropriate congressional committees a proposed 
budget analysis for implementing section 70107A of title 46, 
United States Code, as added by subsection (a), including cost-
sharing arrangements with other Federal departments and 
agencies involved in the interagency operation of the centers 
to be established under such section.]
  (d) Clerical Amendment.--The chapter analysis for chapter 701 
of title 46, United States Code, is amended by inserting after 
the item relating to section 70107 the following:

``70107A. Interagency operational centers for port security''.

          * * * * * * *

                      Subtitle C--Port Operations

SEC. 121. DOMESTIC RADIATION DETECTION AND IMAGING.

  (a) Scanning Containers.--Subject to section 1318 of title 
19, United States Code, not later than December 31, 2007, all 
containers entering the United States through the 22 ports 
through which the greatest volume of containers enter the 
United States by vessel shall be scanned for radiation. To the 
extent practicable, the Secretary shall deploy next generation 
radiation detection technology.
  (b) Strategy.--The Secretary shall develop a strategy for the 
deployment of radiation detection capabilities that includes--
          (1) a risk-based prioritization of ports of entry at 
        which radiation detection equipment will be deployed;
          (2) a proposed timeline of when radiation detection 
        equipment will be deployed at each port of entry 
        identified under paragraph (1);
          (3) the type of equipment to be used at each port of 
        entry identified under paragraph (1), including the 
        joint deployment and utilization of radiation detection 
        equipment and nonintrusive imaging equipment;
          (4) standard operating procedures for examining 
        containers with such equipment, including sensor 
        alarming, networking, and communications and response 
        protocols;
          (5) operator training plans;
          (6) an evaluation of the environmental health and 
        safety impacts of nonintrusive imaging technology and a 
        radiation risk reduction plan, in consultation with the 
        Nuclear Regulatory Commission, the Occupational Safety 
        and Health Administration, and the National Institute 
        for Occupational Safety and Health, that seeks to 
        minimize radiation exposure of workers and the public 
        to levels as low as reasonably achievable;
          (7) the policy of the Department for using 
        nonintrusive imaging equipment in tandem with radiation 
        detection equipment; and
          (8) a classified annex that--
                  (A) details plans for covert testing; and
                  (B) outlines the risk-based prioritization of 
                ports of entry identified under paragraph (1).
  [(c) Report.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary shall submit the strategy 
developed under subsection (b) to the appropriate congressional 
committees.
  [(d) Update.--Not later than 180 days after the date of the 
submission of the report under subsection (c), the Secretary 
shall provide a more complete evaluation under subsection 
(b)(6).
  [(e) Other Weapons of Mass Destruction Threats.--Not later 
than 180 days after the date of the enactment of this Act, the 
Secretary shall submit to the appropriate congressional 
committees a report on the feasibility of, and a strategy for, 
the development of equipment to detect and prevent shielded 
nuclear and radiological threat material and chemical, 
biological, and other weapons of mass destruction from entering 
the United States.]
  (f) Standards.--The Secretary, acting through the Director 
for Domestic Nuclear Detection and in collaboration with the 
National Institute of Standards and Technology, shall publish 
technical capability standards and recommended standard 
operating procedures for the use of nonintrusive imaging and 
radiation detection equipment in the United States. Such 
standards and procedures--
          (1) should take into account relevant standards and 
        procedures utilized by other Federal departments or 
        agencies as well as those developed by international 
        bodies; and
          (2) shall not be designed so as to endorse specific 
        companies or create sovereignty conflicts with 
        participating countries.
  (g) Implementation.--Not later than 3 years after the date of 
the enactment of this Act, the Secretary shall fully implement 
the strategy developed under subsection (b).
  (h) Expansion to Other United States Ports of Entry.--
          (1) In general.--As soon as practicable after--
                  (A) implementation of the program for the 
                examination of containers for radiation at 
                ports of entry described in subsection (a); and
                  (B) submission of the strategy developed 
                under subsection (b) (and updating, if any, of 
                that strategy under subsection (c)),
        but not later than December 31, 2008, the Secretary 
        shall expand the strategy developed under subsection 
        (b), in a manner consistent with the requirements of 
        subsection (b), to provide for the deployment of 
        radiation detection capabilities at all other United 
        States ports of entry not covered by the strategy 
        developed under subsection (b).
          (2) Risk assessment.--In expanding the strategy under 
        paragraph (1), the Secretary shall identify and assess 
        the risks to those other ports of entry in order to 
        determine what equipment and practices will best 
        mitigate the risks.
  (i) Intermodal Rail Radiation Detection Test Center.--
          (1) Establishment.--In accordance with subsection 
        (b), and in order to comply with this section, the 
        Secretary shall establish an Intermodal Rail Radiation 
        Detection Test Center (referred to in this subsection 
        as the ``Test Center'').
          (2) Projects.--The Secretary shall conduct multiple, 
        concurrent projects at the Test Center to rapidly 
        identify and test concepts specific to the challenges 
        posed by on-dock rail.
          (3) Location.--The Test Center shall be located 
        within a public port facility at which a majority of 
        the containerized cargo is directly laden from (or 
        unladen to) on-dock, intermodal rail.
          * * * * * * *

[SEC. 122. INSPECTION OF CAR FERRIES ENTERING FROM ABROAD.

  [Not later than 120 days after the date of the enactment of 
this Act, the Secretary, acting through the Commissioner, and 
in coordination with the Secretary of State and in cooperation 
with ferry operators and appropriate foreign government 
officials, shall seek to develop a plan for the inspection of 
passengers and vehicles before such passengers board, or such 
vehicles are loaded onto, a ferry bound for a United States 
facility required to submit a plan under section 70103(c) of 
title 46, United States Code.]
          * * * * * * *

[SEC. 127. REPORT ON ARRIVAL AND DEPARTURE MANIFESTS FOR CERTAIN 
                    COMMERCIAL VESSELS IN THE UNITED STATES VIRGIN 
                    ISLANDS.

  [Not later than 90 days after the date of the enactment of 
this Act, the Secretary shall submit to the appropriate 
congressional committees a report on the impact of implementing 
the requirements of section 231 of the Immigration and 
Nationality Act (8 U.S.C. 1221) (relating to providing United 
States border officers with arrival and departure manifests) 
with respect to commercial vessels that are fewer than 300 
gross tons and operate exclusively between the territorial 
waters of the United States Virgin Islands and the territorial 
waters of the British Virgin Islands.]

          TITLE II--SECURITY OF THE INTERNATIONAL SUPPLY CHAIN

                     Subtitle A--General Provisions

SEC. 201. STRATEGIC PLAN TO ENHANCE THE SECURITY OF THE INTERNATIONAL 
                    SUPPLY CHAIN.

  (a) Strategic plan.--The Secretary, in consultation with 
appropriate Federal, State, local, and tribal government 
agencies and private sector stakeholders responsible for 
security matters that affect or relate to the movement of 
containers through the international supply chain, shall 
develop, implement, and update, as appropriate, a strategic 
plan to enhance the security of the international supply chain.
  (b) Requirements.--The strategic plan required under 
subsection (a) shall--
          (1) describe the roles, responsibilities, and 
        authorities of Federal, State, local, and tribal 
        government agencies and private-sector stakeholders 
        that relate to the security of the movement of 
        containers through the international supply chain;
          (2) identify and address gaps and unnecessary 
        overlaps in the roles, responsibilities, or authorities 
        described in paragraph (1);
          (3) identify and make recommendations regarding 
        legislative, regulatory, and organizational changes 
        necessary to improve coordination among the entities or 
        to enhance the security of the international supply 
        chain;
          (4) provide measurable goals, including objectives, 
        mechanisms, and a schedule, for furthering the security 
        of commercial operations from point of origin to point 
        of destination;
          (5) build on available resources and consider costs 
        and benefits;
          (6) provide incentives for additional voluntary 
        measures to enhance cargo security, as recommended by 
        the Commissioner;
          (7) consider the impact of supply chain security 
        requirements on small- and medium-sized companies;
          (8) include a process for sharing intelligence and 
        information with private-sector stakeholders to assist 
        in their security efforts;
          (9) identify a framework for prudent and measured 
        response in the event of a transportation security 
        incident involving the international supply chain;
          (10) provide protocols for the expeditious resumption 
        of the flow of trade in accordance with section 202;
          (11) consider the linkages between supply chain 
        security and security programs within other systems of 
        movement, including travel security and terrorism 
        finance programs; and
          (12) expand upon and relate to existing strategies 
        and plans, including the National Response Plan, the 
        National Maritime Transportation Security Plan, the 
        National Strategy for Maritime Security, and the 8 
        supporting plans of the Strategy, as required by 
        Homeland Security Presidential Directive 13.
  (c) Consultation.--In developing protocols under subsection 
(b)(10), the Secretary shall consult with Federal, State, 
local, and private sector stakeholders, including the National 
Maritime Security Advisory Committee and the Commercial 
Operations Advisory Committee.
  (d) Communication.--To the extent practicable, the strategic 
plan developed under subsection (a) shall provide for 
coordination with, and lines of communication among, 
appropriate Federal, State, local, and private-sector 
stakeholders on law enforcement actions, intermodal rerouting 
plans, and other strategic infrastructure issues resulting from 
a transportation security incident or transportation 
disruption.
  (e) Utilization of Advisory Committees.--As part of the 
consultations described in subsection (a), the Secretary shall, 
to the extent practicable, utilize the Homeland Security 
Advisory Committee, the National Maritime Security Advisory 
Committee, and the Commercial Operations Advisory Committee to 
review, as necessary, the draft strategic plan and any 
subsequent updates to the strategic plan.
  (f) International Standards and Practices.--In furtherance of 
the strategic plan required under subsection (a), the Secretary 
is encouraged to consider proposed or established standards and 
practices of foreign governments and international 
organizations, including the International Maritime 
Organization, the World Customs Organization, the International 
Labor Organization, and the International Organization for 
Standardization, as appropriate, to establish standards and 
best practices for the security of containers moving through 
the international supply chain.
  (g) Report.--
          (1) Initial Report.--Not later than 270 days after 
        the date of the enactment of this Act, the Secretary 
        shall submit to the appropriate congressional 
        committees a report that contains the strategic plan 
        required by subsection (a).
          [(2) Final report.--Not later than 3 years after the 
        date on which the strategic plan is submitted under 
        paragraph (1), the Secretary shall submit a report to 
        the appropriate congressional committees that contains 
        an update of the strategic plan.]
          (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. 205. CONTAINER SECURITY INITIATIVE.

  (a) Establishment.--The Secretary, acting through the 
Commissioner, shall establish and implement a program (referred 
to in this section as the ``Container Security Initiative'' or 
``CSI'') to identify and examine or search maritime containers 
that pose a security risk before loading such containers in a 
foreign port for shipment to the United States, either directly 
or through a foreign port.
  (b) Assessment.--The Secretary, acting through the 
Commissioner, may designate foreign seaports to participate in 
the Container Security Initiative after the Secretary has 
assessed the costs, benefits, and other factors associated with 
such designation, including--
          (1) the level of risk for the potential compromise of 
        containers by terrorists, or other threats as 
        determined by the Secretary;
          (2) the volume of cargo being imported to the United 
        States directly from, or being transshipped through, 
        the foreign seaport;
          (3) the results of the Coast Guard assessments 
        conducted pursuant to section 70108 of title 46, United 
        States Code;
          (4) the commitment of the government of the country 
        in which the foreign seaport is located to cooperating 
        with the Department in sharing critical data and risk 
        management information and to maintain programs to 
        ensure employee integrity; and
          (5) the potential for validation of security 
        practices at the foreign seaport by the Department.
  (c) Notification.--The Secretary shall notify the appropriate 
congressional committees of the designation of a foreign port 
under the Container Security Initiative or the revocation of 
such a designation before notifying the public of such 
designation or revocation.
  (d) Negotiations.--The Secretary, in cooperation with the 
Secretary of State and in consultation with the United States 
Trade Representative, may enter into negotiations with the 
government of each foreign nation in which a seaport is 
designated under the Container Security Initiative to ensure 
full compliance with the requirements under the Container 
Security Initiative.
  (e) Overseas Inspections.--
          (1) Requirements and procedures.--The Secretary 
        shall--
                  (A) establish minimum technical capability 
                criteria and standard operating procedures for 
                the use of nonintrusive inspection and nuclear 
                and radiological detection systems in 
                conjunction with CSI;
                  (B) require each port designated under CSI to 
                operate nonintrusive inspection and nuclear and 
                radiological detection systems in accordance 
                with the technical capability criteria and 
                standard operating procedures established under 
                subparagraph (A);
                  (C) continually monitor the technologies, 
                processes, and techniques used to inspect cargo 
                at ports designated under CSI to ensure 
                adherence to such criteria and the use of such 
                procedures; and
                  (D) consult with the Secretary of Energy in 
                establishing the minimum technical capability 
                criteria and standard operating procedures 
                established under subparagraph (A) pertaining 
                to radiation detection technologies to promote 
                consistency in detection systems at foreign 
                ports designated under CSI.
          (2) Constraints.--The criteria and procedures 
        established under paragraph (1)(A)--
                  (A) shall be consistent, as practicable, with 
                relevant standards and procedures utilized by 
                other Federal departments or agencies, or 
                developed by international bodies if the United 
                States consents to such standards and 
                procedures;
                  (B) shall not apply to activities conducted 
                under the Megaports Initiative of the 
                Department of Energy; and
                  (C) shall not be designed to endorse the 
                product or technology of any specific company 
                or to conflict with the sovereignty of a 
                country in which a foreign seaport designated 
                under the Container Security Initiative is 
                located.
  (f) Savings Provision.--The authority of the Secretary under 
this section shall not affect any authority or duplicate any 
efforts or responsibilities of the Federal Government with 
respect to the deployment of radiation detection equipment 
outside of the United States.
  (g) Coordination.--The Secretary shall--
          (1) coordinate with the Secretary of Energy, as 
        necessary, to provide radiation detection equipment 
        required to support the Container Security Initiative 
        through the Department of Energy's Second Line of 
        Defense Program and Megaports Initiative; or
          (2) work with the private sector or host governments, 
        when possible, to obtain radiation detection equipment 
        that meets the Department's and the Department of 
        Energy's technical specifications for such equipment.
  (h) Staffing.--The Secretary shall develop a human capital 
management plan to determine adequate staffing levels in the 
United States and in foreign seaports including, as 
appropriate, the remote location of personnel in countries in 
which foreign seaports are designated under the Container 
Security Initiative.
  (i) Annual Discussions.--The Secretary, in coordination with 
the appropriate Federal officials, shall hold annual 
discussions with foreign governments of countries in which 
foreign seaports designated under the Container Security 
Initiative are located regarding best practices, technical 
assistance, training needs, and technological developments that 
will assist in ensuring the efficient and secure movement of 
international cargo.
  (j) Lesser Risk Port.--The Secretary, acting through the 
Commissioner, may treat cargo loaded in a foreign seaport 
designated under the Container Security Initiative as 
presenting a lesser risk than similar cargo loaded in a foreign 
seaport that is not designated under the Container Security 
Initiative, for the purpose of clearing such cargo into the 
United States.
  (k) Prohibition.--
          (1) In general.--The Secretary shall issue a ``do not 
        load'' order, using existing authorities, to prevent 
        the onload of any cargo loaded at a port designated 
        under CSI that has been identified as high risk, 
        including by the Automated Targeting System, unless the 
        cargo is determined to no longer be high risk through--
                  (A) a scan of the cargo with nonintrusive 
                imaging equipment and radiation detection 
                equipment;
                  (B) a search of the cargo; or
                  (C) additional information received by the 
                Department.
          (2) Rule of Construction.--Nothing in this subsection 
        shall be construed to interfere with the ability of the 
        Secretary to deny entry of any cargo into the United 
        States.
  (l) Report.--
          [(1) In general.--Not later than September 30, 2007,] 
        Not later than 270 days after the date of the enactment 
        of the Border and Maritime Security Coordination 
        Improvement Act, the Secretary, acting through the 
        Commissioner, shall, in consultation with other 
        appropriate government officials and the Commercial 
        Operations Advisory Committee, submit a report to the 
        appropriate congressional committees on the 
        effectiveness of, and the need for any improvements to, 
        the Container Security Initiative. The report shall 
        include--
          [(A)] (1) a description of the technical assistance 
        delivered to, as well as needed at, each designated 
        seaport;
          [(B)] (2) a description of the human capital 
        management plan at each designated seaport;
          [(C)] (3) a summary of the requests made by the 
        United States to foreign governments to conduct 
        physical or nonintrusive inspections of cargo at 
        designated seaports, and whether each such request was 
        granted or denied by the foreign government;
          [(D)] (4) an assessment of the effectiveness of 
        screening, scanning, and inspection protocols and 
        technologies utilized at designated seaports and the 
        effect on the flow of commerce at such seaports, as 
        well as any recommendations for improving the 
        effectiveness of screening, scanning, and inspection 
        protocols and technologies utilized at designated 
        seaports;
          [(E)] (5) a description and assessment of the outcome 
        of any security incident involving a foreign seaport 
        designated under the Container Security Initiative;
          [(F)] (6) the rationale for the continuance of each 
        port designated under CSI;
          [(G)] (7) a description of the potential for remote 
        targeting to decrease the number of personnel who are 
        deployed at foreign ports under CSI; and
          [(H)] (8) a summary and assessment of the aggregate 
        number and extent of trade compliance lapses at each 
        seaport designated under the Container Security 
        Initiative.
          [(2) Updated report.--Not later than September 30, 
        2010, the Secretary, acting through the Commissioner, 
        shall, in consultation with other appropriate 
        government officials and the Commercial Operations 
        Advisory Committee, submit an updated report to the 
        appropriate congressional committees on the 
        effectiveness of, and the need for any improvements to, 
        the Container Security Initiative. The updated report 
        shall address each of the elements required to be 
        included in the report provided for under paragraph 
        (1).]
  (m) Authorization of Appropriations.--There are authorized to 
be appropriated to the United States Customs and Border 
Protection to carry out the provisions of this section--
          (1) $144,000,000 for fiscal year 2008;
          (2) $146,000,000 for fiscal year 2009; and
          (3) $153,300,000 for fiscal year 2010.

Subtitle B--Customs-Trade Partnership Against Terrorism

           *       *       *       *       *       *       *


SEC. 212. ELIGIBLE ENTITIES.

  Importers, exporters, customs brokers, forwarders, air, sea, 
land carriers, contract logistics providers, and other entities 
in the international supply chain and intermodal transportation 
system are eligible to apply to voluntarily enter into 
partnerships with the Department under C-TPAT.

           *       *       *       *       *       *       *


[SEC. 218. THIRD PARTY VALIDATIONS.

  [(a) Plan.--The Secretary, acting through the Commissioner, 
shall develop a plan to implement a 1-year voluntary pilot 
program to test and assess the feasibility, costs, and benefits 
of using third party entities to conduct validations of C-TPAT 
participants.
  [(b) Consultations.--Not later than 120 days after the date 
of the enactment of this Act, after consulting with private 
sector stakeholders, including the Commercial Operations 
Advisory Committee, the Secretary shall submit a report to the 
appropriate congressional committees on the plan described in 
subsection (a).
  [(c) Pilot program.--
          [(1) In general.--Not later than 1 year after the 
        consultations described in subsection (b), the 
        Secretary shall carry out the 1-year pilot program to 
        conduct validations of C-TPAT participants using third 
        party entities described in subsection (a).
          [(2) Authority of the secretary.--The decision to 
        validate a C-TPAT participant is solely within the 
        discretion of the Secretary, or the Secretary's 
        designee.
  [(d) Certification of Third Party Entities.--The Secretary 
shall certify a third party entity to conduct validations under 
subsection (c) if the entity--
          [(1) demonstrates to the satisfaction of the 
        Secretary that the entity has the ability to perform 
        validations in accordance with standard operating 
        procedures and requirements designated by the 
        Secretary; and
          [(2) agrees--
                  [(A) to perform validations in accordance 
                with such standard operating procedures and 
                requirements (and updates to such procedures 
                and requirements); and
                  [(B) to maintain liability insurance coverage 
                at policy limits and in accordance with 
                conditions to be established by the Secretary; 
                and
          [(3) signs an agreement to protect all proprietary 
        information of C-TPAT participants with respect to 
        which the entity will conduct validations.
  [(e) Information for Establishing Limits of Liability 
Insurance.--A third party entity seeking a certificate under 
subsection (d) shall submit to the Secretary necessary 
information for establishing the limits of liability insurance 
required to be maintained by the entity under this Act.
  [(f) Additional Requirements.--The Secretary shall ensure 
that--
          [(1) any third party entity certified under this 
        section does not have--
                  [(A) any beneficial interest in or any direct 
                or indirect control over the C-TPAT participant 
                for which the validation services are 
                performed; or
                  [(B) any other conflict of interest with 
                respect to the C-TPAT participant; and
          [(2) the C-TPAT participant has entered into a 
        contract with the third party entity under which the C-
        TPAT participant agrees to pay all costs associated 
        with the validation.
  [(g) Monitoring.--
          [(1) In general.--The Secretary shall regularly 
        monitor and inspect the operations of a third party 
        entity conducting validations under subsection (c) to 
        ensure that the entity is meeting the minimum standard 
        operating procedures and requirements for the 
        validation of C-TPAT participants established by the 
        Secretary and all other applicable requirements for 
        validation services.
          [(2) Revocation.--If the Secretary determines that a 
        third party entity is not meeting the minimum standard 
        operating procedures and requirements designated by the 
        Secretary under subsection (d)(1), the Secretary 
        shall--
                  [(A) revoke the entity's certificate of 
                conformance issued under subsection (d)(1); and
                  [(B) review any validations conducted by the 
                entity.
  [(h) Limitation on authority.--The Secretary may only grant a 
C-TPAT validation by a third party entity pursuant to 
subsection (c) if the C-TPAT participant voluntarily submits to 
validation by such third party entity.
  [(i) Report.--Not later than 30 days after the completion of 
the pilot program conducted pursuant to subsection (c), the 
Secretary shall submit a report to the appropriate 
congressional committees that contains--
          [(1) the results of the pilot program, including the 
        extent to which the pilot program ensured sufficient 
        protection for proprietary commercial information;
          [(2) the cost and efficiency associated with 
        validations under the pilot program;
          [(3) the impact of the pilot program on the rate of 
        validations conducted under C-TPAT;
          [(4) any impact on national security of the pilot 
        program; and
          [(5) any recommendations by the Secretary based upon 
        the results of the pilot program.]

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.

           *       *       *       *       *       *       *


Subtitle C--Miscellaneous Provisions

           *       *       *       *       *       *       *


SEC. 233. INTERNATIONAL COOPERATION AND COORDINATION.

  (a) Inspection Technology and Training.--
          (1) In general.--The Secretary, in coordination with 
        the Secretary of State, the Secretary of Energy, and 
        appropriate representatives of other Federal agencies, 
        may provide technical assistance, equipment, and 
        training to facilitate the implementation of supply 
        chain security measures at ports designated under the 
        Container Security Initiative.
          (2) Acquisition and training.--Unless otherwise 
        prohibited by law, the Secretary may--
                  (A) lease, loan, provide, or otherwise assist 
                in the deployment of nonintrusive inspection 
                and radiation detection equipment at foreign 
                land and sea ports under such terms and 
                conditions as the Secretary prescribes, 
                including nonreimbursable loans or the transfer 
                of ownership of equipment; and
                  (B) provide training and technical assistance 
                for domestic or foreign personnel responsible 
                for operating or maintaining such equipment.
  (b) Actions and Assistance for Foreign Ports and United 
States Territories.--[Omitted--Amends other law.]
  [(c) Report on Security at Ports in the Caribbean Basin.--
          [(1) In general.--Not later than 180 days after the 
        date of the enactment of this Act, the Comptroller 
        General of the United States shall submit a report to 
        the appropriate congressional committees on the 
        security of ports in the Caribbean Basin.
          [(2) Contents.--The report submitted under paragraph 
        (1)--
                  [(A) shall include--
                          [(i) an assessment of the 
                        effectiveness of the measures employed 
                        to improve security at ports in the 
                        Caribbean Basin and recommendations for 
                        any additional measures to improve such 
                        security;
                          [(ii) an estimate of the number of 
                        ports in the Caribbean Basin that will 
                        not be secured by January 1, 2007;
                          [(iii) an estimate of the financial 
                        impact in the United States of any 
                        action taken pursuant to section 70110 
                        of title 46, United States Code, that 
                        affects trade between such ports and 
                        the United States; and
                          [(iv) an assessment of the additional 
                        resources and program changes that are 
                        necessary to maximize security at ports 
                        in the Caribbean Basin; and
                  [(B) may be submitted in both classified and 
                redacted formats.]
  (d) Clerical Amendment.--[Omitted--Amends other law.]

           *       *       *       *       *       *       *


[SEC. 235. PILOT PROGRAM TO IMPROVE THE SECURITY OF EMPTY CONTAINERS.

  [(a) In general.--The Secretary shall conduct a 1-year pilot 
program to assess the risk posed by and improve the security of 
empty containers at United States seaports to ensure the safe 
and secure delivery of cargo and to prevent potential acts of 
terrorism involving such containers. The pilot program shall 
include the use of visual searches of empty containers at 
United States seaports.
  [(b) Report.--Not later than 90 days after the completion of 
the pilot program under paragraph (1), the Secretary shall 
prepare and submit to the appropriate congressional committees 
a report that contains--
          [(1) the results of the pilot program; and
          [(2) the determination of the Secretary on whether to 
        expand the pilot program.]

TITLE VII--OTHER MATTERS

           *       *       *       *       *       *       *


[SEC. 701. SECURITY PLAN FOR ESSENTIAL AIR SERVICE AND SMALL COMMUNITY 
                    AIRPORTS.

  [(a) In General.--Not later than 60 days after the date of 
the enactment of this Act, the Assistant Secretary for the 
Transportation Security Administration shall submit to Congress 
a security plan for--
          [(1) Essential Air Service airports in the United 
        States; and
          [(2) airports whose community or consortia of 
        communities receive assistance under the Small 
        Community Air Service Development Program authorized 
        under section 41743 of title 49, United States Code, 
        and maintain, resume, or obtain scheduled passenger air 
        carrier service with assistance from that program in 
        the United States.
  [(b) Elements of Plan.--The security plans required under 
subsection (a) shall include the following:
          [(1) Recommendations for improved security measures 
        at such airports.
          [(2) Recommendations for proper passenger and cargo 
        security screening procedures at such airports.
          [(3) A timeline for implementation of recommended 
        security measures or procedures at such airports.
          [(4) Cost analysis for implementation of recommended 
        security measures or procedures at such airports.]

           *       *       *       *       *       *       *


[SEC. 708. AIRCRAFT CHARTER CUSTOMER AND LESSEE PRESCREENING PROGRAM.

  [(a) Implementation Status.--Not later than 270 days after 
the implementation of the Department's aircraft charter 
customer and lessee prescreening process required under section 
44903(j)(2) of title 49, United States Code, the Comptroller 
General of the United States shall--
          [(1) assess the status and implementation of the 
        program and the use of the program by the general 
        aviation charter and rental community; and
          [(2) submit a report containing the findings, 
        conclusions, and recommendations, if any, of such 
        assessment to--
                  [(A) the Committee on Commerce, Science, and 
                Transportation of the Senate;
                  [(B) the Committee on Homeland Security of 
                the House of Representatives; and
                  [(C) the Committee on Transportation and 
                Infrastructure of the House of 
                Representatives.]

           *       *       *       *       *       *       *

                              ----------                              


TITLE 46, UNITED STATES CODE

           *       *       *       *       *       *       *



Subtitle VII--Security and Drug Enforcement

           *       *       *       *       *       *       *


CHAPTER 701--PORT SECURITY

           *       *       *       *       *       *       *



Subchapter I--GENERAL

           *       *       *       *       *       *       *



Sec. 70105. Transportation security cards

  (a) Prohibition.--(1) The Secretary shall prescribe 
regulations to prevent an individual from entering an area of a 
vessel or facility that is designated as a secure area by the 
Secretary for purposes of a security plan for the vessel or 
facility that is approved by the Secretary under section 70103 
of this title unless the individual--
          (A) holds a transportation security card issued under 
        this section and is authorized to be in the area in 
        accordance with the plan; or
          (B) is accompanied by another individual who holds a 
        transportation security card issued under this section 
        and is authorized to be in the area in accordance with 
        the plan.
  (2) A person shall not admit an individual into such a secure 
area unless the entry of the individual into the area is in 
compliance with paragraph (1).
  (b) Issuance of Cards.--(1) The Secretary shall issue a 
biometric transportation security card to an individual 
specified in paragraph (2), unless the Secretary determines 
under subsection (c) that the individual poses a security risk 
warranting denial of the card.
  (2) This subsection applies to--
          (A) an individual allowed unescorted access to a 
        secure area designated in a vessel or facility security 
        plan approved under section 70103 of this title;
          (B) an individual issued a license, certificate of 
        registry, or merchant mariners document under part E of 
        subtitle II of this title allowed unescorted access to 
        a secure area designated in a vessel security plan 
        approved under section 70103 of this title;
          (C) a vessel pilot;
          (D) an individual engaged on a towing vessel that 
        pushes, pulls, or hauls alongside a tank vessel allowed 
        unescorted access to a secure area designated in a 
        vessel security plan approved under section 70103 of 
        this title;
          (E) an individual with access to security sensitive 
        information as determined by the Secretary;
          (F) other individuals engaged in port security 
        activities as determined by the Secretary; and
          (G) other individuals as determined appropriate by 
        the Secretary including individuals employed at a port 
        not otherwise covered by this subsection.
  (3) The Secretary may extend for up to one year the 
expiration of a biometric transportation security card required 
by this section to align the expiration with the expiration of 
a license, certificate of registry, or merchant mariner 
document required under chapter 71 or 73.
  (c) Determination of Terrorism Security Risk.--
          (1) Disqualifications.--
                  (A) Permanent disqualifying criminal 
                offenses.--Except as provided under paragraph 
                (2), an individual is permanently disqualified 
                from being issued a biometric transportation 
                security card under subsection (b) if the 
                individual has been convicted, or found not 
                guilty by reason of insanity, in a civilian or 
                military jurisdiction of any of the following 
                felonies:
                          (i) Espionage or conspiracy to commit 
                        espionage.
                          (ii) Sedition or conspiracy to commit 
                        sedition.
                          (iii) Treason or conspiracy to commit 
                        treason.
                          (iv) A Federal crime of terrorism (as 
                        defined in section 2332b(g) of title 
                        18), a crime under a comparable State 
                        law, or conspiracy to commit such 
                        crime.
                          (v) A crime involving a 
                        transportation security incident.
                          (vi) Improper transportation of a 
                        hazardous material in violation of 
                        section 5104(b) of title 49, or a 
                        comparable State law.
                          (vii) Unlawful possession, use, sale, 
                        distribution, manufacture, purchase, 
                        receipt, transfer, shipment, 
                        transportation, delivery, import, 
                        export, or storage of, or dealing in, 
                        an explosive or explosive device. In 
                        this clause, an explosive or explosive 
                        device includes--
                                  (I) an explosive (as defined 
                                in sections 232(5) and 844(j) 
                                of title 18);
                                  (II) explosive materials (as 
                                defined in subsections (c) 
                                through (f) of section 841 of 
                                title 18); and
                                  (III) a destructive device 
                                (as defined in 921(a)(4) of 
                                title 18 or section 5845(f) of 
                                the Internal Revenue Code of 
                                1986).
                          (viii) Murder.
                          (ix) Making any threat, or 
                        maliciously conveying false information 
                        knowing the same to be false, 
                        concerning the deliverance, placement, 
                        or detonation of an explosive or other 
                        lethal device in or against a place of 
                        public use, a State or other government 
                        facility, a public transportation 
                        system, or an infrastructure facility.
                          (x) A violation of chapter 96 of 
                        title 18, popularly known as the 
                        Racketeer Influenced and Corrupt 
                        Organizations Act, or a comparable 
                        State law, if one of the predicate acts 
                        found by a jury or admitted by the 
                        defendant consists of one of the crimes 
                        listed in this subparagraph.
                          (xi) Attempt to commit any of the 
                        crimes listed in clauses (i) through 
                        (iv).
                          (xii) Conspiracy or attempt to commit 
                        any of the crimes described in clauses 
                        (v) through (x).
                  (B) Interim disqualifying criminal 
                offenses.--Except as provided under paragraph 
                (2), an individual is disqualified from being 
                issued a biometric transportation security card 
                under subsection (b) if the individual has been 
                convicted, or found not guilty by reason of 
                insanity, during the 7-year period ending on 
                the date on which the individual applies for 
                such card, or was released from incarceration 
                during the 5-year period ending on the date on 
                which the individual applies for such card, of 
                any of the following felonies:
                          (i) Unlawful possession, use, sale, 
                        manufacture, purchase, distribution, 
                        receipt, transfer, shipment, 
                        transportation, delivery, import, 
                        export, or storage of, or dealing in, a 
                        firearm or other weapon. In this 
                        clause, a firearm or other weapon 
                        includes--
                                  (I) firearms (as defined in 
                                section 921(a)(3) of title 18 
                                or section 5845(a) of the 
                                Internal Revenue Code of 1986); 
                                and
                                  (II) items contained on the 
                                U.S. Munitions Import List 
                                under section 447.21 of title 
                                27, Code of Federal 
                                Regulations.
                          (ii) Extortion.
                          (iii) Dishonesty, fraud, or 
                        misrepresentation, including identity 
                        fraud and money laundering if the money 
                        laundering is related to a crime 
                        described in this subparagraph or 
                        subparagraph (A). In this clause, 
                        welfare fraud and passing bad checks do 
                        not constitute dishonesty, fraud, or 
                        misrepresentation.
                          (iv) Bribery.
                          (v) Smuggling.
                          (vi) Immigration violations.
                          (vii) Distribution of, possession 
                        with intent to distribute, or 
                        importation of a controlled substance.
                          (viii) Arson.
                          (ix) Kidnaping or hostage taking.
                          (x) Rape or aggravated sexual abuse.
                          (xi) Assault with intent to kill.
                          (xii) Robbery.
                          (xiii) Conspiracy or attempt to 
                        commit any of the crimes listed in this 
                        subparagraph.
                          (xiv) Fraudulent entry into a seaport 
                        in violation of section 1036 of title 
                        18, or a comparable State law.
                          (xv) A violation of the chapter 96 of 
                        title 18, popularly known as the 
                        Racketeer Influenced and Corrupt 
                        Organizations Act or a comparable State 
                        law, other than any of the violations 
                        listed in subparagraph (A)(x).
                  (C) Under want, warrant, or indictment.--An 
                applicant who is wanted, or under indictment, 
                in any civilian or military jurisdiction for a 
                felony listed in paragraph (1)(A), is 
                disqualified from being issued a biometric 
                transportation security card under subsection 
                (b) until the want or warrant is released or 
                the indictment is dismissed.
                  (D) Other potential disqualifications.--
                Except as provided under subparagraphs (A) 
                through (C), an individual may not be denied a 
                transportation security card under subsection 
                (b) unless the Secretary determines that 
                individual--
                          (i) has been convicted within the 
                        preceding 7-year period of a felony or 
                        found not guilty by reason of insanity 
                        of a felony--
                                  (I) that the Secretary 
                                believes could cause the 
                                individual to be a terrorism 
                                security risk to the United 
                                States; or
                                  (II) for causing a severe 
                                transportation security 
                                incident;
                          (ii) has been released from 
                        incarceration within the preceding 5-
                        year period for committing a felony 
                        described in clause (i);
                          (iii) may be denied admission to the 
                        United States or removed from the 
                        United States under the Immigration and 
                        Nationality Act (8 U.S.C. 1101 et 
                        seq.); or
                          (iv) otherwise poses a terrorism 
                        security risk to the United States.
                  (E) Modification of listed offenses.--The 
                Secretary may, by rulemaking, add to or modify 
                the list of disqualifying crimes described in 
                paragraph (1)(B).
  (2) The Secretary shall prescribe regulations that establish 
a waiver process for issuing a transportation security card to 
an individual found to be otherwise ineligible for such a card 
under subparagraph (A), (B), or (D) paragraph (1). In deciding 
to issue a card to such an individual, the Secretary shall--
          (A) give consideration to the circumstances of any 
        disqualifying act or offense, restitution made by the 
        individual, Federal and State mitigation remedies, and 
        other factors from which it may be concluded that the 
        individual does not pose a terrorism risk warranting 
        denial of the card; and
          (B) issue a waiver to an individual without regard to 
        whether that individual would otherwise be disqualified 
        if the individual's employer establishes alternate 
        security arrangements acceptable to the Secretary.
          (3) Denial of waiver review.--
                  (A) In general.--The Secretary shall 
                establish a review process before an 
                administrative law judge for individuals denied 
                a waiver under paragraph (2).
                  (B) Scope of review.--In conducting a review 
                under the process established pursuant to 
                subparagraph (A), the administrative law judge 
                shall be governed by the standards of section 
                706 of title 5. The substantial evidence 
                standard in section 706(2)(E) of title 5 shall 
                apply whether or not there has been an agency 
                hearing. The judge shall review all facts on 
                the record of the agency.
                  (C) Classified evidence.--The Secretary, in 
                consultation with the Director of National 
                Intelligence, shall issue regulations to 
                establish procedures by which the Secretary, as 
                part of a review conducted under this 
                paragraph, may provide to the individual 
                adversely affected by the determination an 
                unclassified summary of classified evidence 
                upon which the denial of a waiver by the 
                Secretary was based.
                  (D) Review of classified evidence by 
                administrative law judge.--
                          (i) Review.--As part of a review 
                        conducted under this section, if the 
                        decision of the Secretary was based on 
                        classified information (as defined in 
                        section 1(a) of the Classified 
                        Information Procedures Act (18 U.S.C. 
                        App.)), such information may be 
                        submitted by the Secretary to the 
                        reviewing administrative law judge, 
                        pursuant to appropriate security 
                        procedures, and shall be reviewed by 
                        the administrative law judge ex parte 
                        and in camera.
                          (ii) Security clearances.--Pursuant 
                        to existing procedures and 
                        requirements, the Secretary, in 
                        coordination (as necessary) with the 
                        heads of other affected departments or 
                        agencies, shall ensure that 
                        administrative law judges reviewing 
                        negative waiver decisions of the 
                        Secretary under this paragraph possess 
                        security clearances appropriate for 
                        such review.
                          (iii) Unclassified summaries of 
                        classified evidence.--As part of a 
                        review conducted under this paragraph 
                        and upon the request of the individual 
                        adversely affected by the decision of 
                        the Secretary not to grant a waiver, 
                        the Secretary shall provide to the 
                        individual and reviewing administrative 
                        law judge, consistent with the 
                        procedures established under clause 
                        (i), an unclassified summary of any 
                        classified information upon which the 
                        decision of the Secretary was based.
                  (E) New evidence.--The Secretary shall 
                establish a process under which an individual 
                may submit a new request for a waiver, 
                notwithstanding confirmation by the 
                administrative law judge of the Secretary's 
                initial denial of the waiver, if the request is 
                supported by substantial evidence that was not 
                available to the Secretary at the time the 
                initial waiver request was denied.
  (4) The Secretary shall establish an appeals process under 
this section for individuals found to be ineligible for a 
transportation security card that includes notice and an 
opportunity for a hearing.
  (5) Upon application, the Secretary may issue a 
transportation security card to an individual if the Secretary 
has previously determined, under section 5103a of title 49, 
that the individual does not pose a security risk.
  (d) Background Records Check.--(1) On request of the 
Secretary, the Attorney General shall--
          (A) conduct a background records check regarding the 
        individual; and
          (B) upon completing the background records check, 
        notify the Secretary of the completion and results of 
        the background records check.
  (2) A background records check regarding an individual under 
this subsection shall consist of the following:
          (A) A check of the relevant criminal history 
        databases.
          (B) In the case of an alien, a check of the relevant 
        databases to determine the status of the alien under 
        the immigration laws of the United States.
          (C) As appropriate, a check of the relevant 
        international databases or other appropriate means.
          (D) Review of any other national security-related 
        information or database identified by the Attorney 
        General for purposes of such a background records 
        check.
  (e) Restrictions on Use and Maintenance of Information.--(1) 
Information obtained by the Attorney General or the Secretary 
under this section may not be made available to the public, 
including the individual's employer.
  (2) Any information constituting grounds for denial of a 
transportation security card under this section shall be 
maintained confidentially by the Secretary and may be used only 
for making determinations under this section. The Secretary may 
share any such information with other Federal law enforcement 
agencies. An individual's employer may only be informed of 
whether or not the individual has been issued the card under 
this section.
  (f) Definition.--In this section, the term ``alien'' has the 
meaning given the term in section 101(a)(3) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(3)).
  (g) Applications for Merchant Mariners' Documents.--The 
Assistant Secretary of Homeland Security for the Transportation 
Security Administration and the Commandant of the Coast Guard 
shall concurrently process an application from an individual 
for merchant mariner's documents under chapter 73 of title 46, 
United States Code, and an application from that individual for 
a transportation security card under this section.
  (h) Fees.--The Secretary shall ensure that the fees charged 
each individual applying for a transportation security card 
under this section who has passed a background check under 
section 5103a(d) of title 49, United States Code, and who has a 
current hazardous materials endorsement in accordance with 
section 1572 of title 49, Code of Federal Regulations, and each 
individual with a current merchant mariners' document who has 
passed a criminal background check under section 7302(d)--
          (1) are for costs associated with the issuance, 
        production, and management of the transportation 
        security card, as determined by the Secretary; and
          (2) do not include costs associated with performing a 
        background check for that individual, except for any 
        incremental costs in the event that the scope of such 
        background checks diverge.
  (i) Implementation Schedule.--In implementing the 
transportation security card program under this section, the 
Secretary shall--
          (1) establish a priority for each United States port 
        based on risk, including vulnerabilities assessed under 
        section 70102; and
          (2) implement the program, based upon such risk and 
        other factors as determined by the Secretary, at all 
        facilities regulated under this chapter at--
                  (A) the 10 United States ports that the 
                Secretary designates top priority not later 
                than July 1, 2007;
                  (B) the 40 United States ports that are next 
                in order of priority to the ports described in 
                subparagraph (A) not later than January 1, 
                2008; and
                  (C) all other United States ports not later 
                than January 1, 2009.
  (j) Transportation Security Card Processing Deadline.--Not 
later than January 1, 2009, the Secretary shall process and 
issue or deny each application for a transportation security 
card under this section for individuals with current and valid 
merchant mariners' documents on the date of the enactment of 
the SAFE Port Act.
  (k) Deployment of Transportation Security Card Readers.--
          (1) Pilot program.--
                  (A) In general.--The Secretary shall conduct 
                a pilot program to test the business processes, 
                technology, and operational impacts required to 
                deploy transportation security card readers at 
                secure areas of the marine transportation 
                system.
                  (B) Geographic locations.--The pilot program 
                shall take place at not fewer than 5 distinct 
                geographic locations, to include vessels and 
                facilities in a variety of environmental 
                settings.
                  (C) Commencement.--The pilot program shall 
                commence not later than 180 days after the date 
                of the enactment of the SAFE Port Act.
          (2) Correlation with transportation security cards.--
                  (A) In general.--The pilot program described 
                in paragraph (1) shall be conducted 
                concurrently with the issuance of the 
                transportation security cards described in 
                subsection (b) to ensure card and card reader 
                interoperability.
                  (B) Fee.--An individual charged a fee for a 
                transportation security card issued under this 
                section may not be charged an additional fee if 
                the Secretary determines different 
                transportation security cards are needed based 
                on the results of the pilot program described 
                in paragraph (1) or for other reasons related 
                to the technology requirements for the 
                transportation security card program.
          (3) Regulations.--Not later than 2 years after the 
        commencement of the pilot program under paragraph 
        (1)(C), the Secretary, after a notice and comment 
        period that includes at least 1 public hearing, shall 
        promulgate final regulations that require the 
        deployment of transportation security card readers that 
        are consistent with the findings of the pilot program 
        and build upon the regulations prescribed under 
        subsection (a).
          (4) Report.--Not later than 120 days before the 
        promulgation of regulations under paragraph (3), the 
        Secretary shall submit a comprehensive report to the 
        appropriate congressional committees (as defined in 
        section 2(1) of SAFE Port Act) that includes--
                  (A) the findings of the pilot program with 
                respect to technical and operational impacts of 
                implementing a transportation security card 
                reader system;
                  (B) any actions that may be necessary to 
                ensure that all vessels and facilities to which 
                this section applies are able to comply with 
                such regulations; and
                  (C) an analysis of the viability of equipment 
                under the extreme weather conditions of the 
                marine environment.
  (l) Progress Reports.--Not later than 6 months after the date 
of the enactment of the SAFE Port Act, and every 6 months 
thereafter until the requirements under this section are fully 
implemented, the Secretary shall submit a report on progress 
being made in implementing such requirements to the appropriate 
congressional committees (as defined in section 2(1) of the 
SAFE Port Act).
  (m) Limitation.--The Secretary may not require the placement 
of an electronic reader for transportation security cards on a 
vessel unless--
          (1) the vessel has more individuals on the crew that 
        are required to have a transportation security card 
        than the number the Secretary determines, by regulation 
        issued under subsection (k)(3), warrants such a reader; 
        or
          (2) the Secretary determines that the vessel is at 
        risk of a severe transportation security incident.
  (n) The Secretary may use a secondary authentication system 
to verify the identification of individuals using 
transportation security cards when the individual's 
fingerprints are not able to be taken or read.
  (o) Escorting.--The Secretary shall coordinate with owners 
and operators subject to this section to allow any individual 
who has a pending application for a transportation security 
card under this section or is waiting for reissuance of such 
card, including any individual whose card has been lost or 
stolen, and who needs to perform work in a secure or restricted 
area to have access to such area for that purpose through 
escorting of such individual in accordance with subsection 
(a)(1)(B) by another individual who holds a transportation 
security card. Nothing in this subsection shall be construed as 
requiring or compelling an owner or operator to provide 
escorted access.
  (p) Processing Time.--The Secretary shall review an initial 
transportation security card application and respond to the 
applicant, as appropriate, including the mailing of an Initial 
Determination of Threat Assessment letter, within 30 days after 
receipt of the initial application. The Secretary shall, to the 
greatest extent practicable, review appeal and waiver requests 
submitted by a transportation security card applicant, and send 
a written decision or request for additional information 
required for the appeal or waiver determination, within 30 days 
after receipt of the applicant's appeal or waiver written 
request. For an applicant that is required to submit additional 
information for an appeal or waiver determination, the 
Secretary shall send a written decision, to the greatest extent 
practicable, within 30 days after receipt of all requested 
information.
  (q) Receipt and Activation of Transportation Security Card.--
          (1) In general.--Not later than one year after the 
        date of publication of final regulations required by 
        subsection (k)(3) of this section the Secretary shall 
        develop a plan to permit the receipt and activation of 
        transportation security cards at any vessel or facility 
        described in subsection (a) of this section that 
        desires to implement this capability. This plan shall 
        comply, to the extent possible, with all appropriate 
        requirements of Federal standards for personal identity 
        verification and credential.
          (2) Limitation.--The Secretary may not require any 
        such vessel or facility to provide on-site activation 
        capability.
  (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.

           *       *       *       *       *       *       *


                        Committe Correspondence

                          House of Representatives,
            Committee on Transportation and Infrastructure,
                                 Washington, DC, February 25, 2016.
Hon. Michael McCaul,
Chairman, Committee on Homeland Security,
Washington, DC.
    Dear Chairman McCaul: I write concerning H.R. 3586, the 
Border and Maritime Coordination Improvement Act. This 
legislation includes matters that fall within the Rule X 
jurisdiction of the Committee on Transportation and 
Infrastructure.
    In order to expedite Floor consideration of H.R. 3586, the 
Committee on Transportation and Infrastructure will forgo 
action on this bill. However, this is conditional on our mutual 
understanding that forgoing consideration of the bill does not 
prejudice the Committee with respect to the appointment of 
conferees or to any future jurisdictional claim over the 
subject matters contained in the bill or similar legislation 
that fall within the Committee's Rule X jurisdiction. I request 
you urge the Speaker to name members of the Committee to any 
conference committee named to consider such provisions.
    Please place a copy of this letter and your response 
acknowledging our jurisdictional interest in the Committee 
report for H.R. 3586, as well as in the Congressional Record 
during House Floor consideration of the bill. I look forward to 
working with the Committee on Homeland Security as the bill 
moves through the legislative process.
            Sincerely,
                                              Bill Shuster,
                                                          Chairman.
                              ----------                              

                          House of Representatives,
                            Committee on Homeland Security,
                                 Washington, DC, February 26, 2016.
Hon. Bill Shuster,
Chairman, Committee on Transportation and Infrastructure,
Washington, DC.
    Dear Chairman Shuster: Thank you for your letter regarding 
H.R. 3586, the ``Border and Maritime Coordination Improvement 
Act.'' I appreciate your support in bringing this legislation 
before the House of Representatives, and accordingly, 
understand that the Committee on Transportation and 
Infrastructure will forego further action on the bill.
    The Committee on Homeland Security concurs with the mutual 
understanding that by foregoing further action on this bill at 
this time, the Committee on Transportation and Infrastructure 
does not waive any jurisdiction over the subject matter 
contained in this bill or similar legislation in the future. In 
addition, should a conference on this bill be necessary, I 
would support your request to have the Committee on 
Transportation and Infrastructure represented on the conference 
committee.
    I will insert copies of this exchange in the report on the 
bill and in the Congressional Record during consideration of 
this bill on the House floor. I thank you for your cooperation 
in this matter.
            Sincerely,
                                 Michael T. McCaul,
                                                  Chairman,
                                    Committee on Homeland Security.
                              ----------                              

                          House of Representatives,
                               Committee on Ways and Means,
                                   Washington, DC, October 1, 2015.
Hon. Michael T. McCaul,
Chairman, Committee on Homeland Security,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: I am writing with respect to H.R. 3586, 
the ``Border and Maritime Coordination Improvement Act,'' which 
was reported by the Committee on Homeland Security.
    H.R. 3586 involves issues that fall within Rule X 
jurisdiction of the Committee on Ways and Means. As a result of 
your having consulted with the Committee and in order to 
expedite the House's consideration of H.R. 3586, the Committee 
on Ways and Means will not assert its jurisdictional claim over 
this bill by seeking a sequential referral. However, this is 
conditional on our mutual understanding and agreement that 
doing so will in no way diminish or alter the jurisdiction of 
the Committee with respect to the appointment of conferees or 
to any future jurisdictional claim over the subject matters 
contained in the bill or similar legislation.
    I would appreciate a response to this letter confirming 
this understanding with respect to H.R. 3586, and would ask 
that a copy of our exchange of letters on this matter be 
included in the Congressional Record during Floor consideration 
of H.R. 3586.
            Sincerely,
                                              Paul D. Ryan,
                                                          Chairman.
                              ----------                              

                          House of Representatives,
                            Committee on Homeland Security,
                                   Washington, DC, October 5, 2015.
Hon. Paul Ryan,
Chairman, Committee on Ways and Means,
Washington, DC.
    Dear Chairman Ryan: Thank you for your letter regarding 
H.R. 3586, the ``Border and Maritime Coordination Improvement 
Act.'' I appreciate your support in bringing this legislation 
before the House of Representatives, and accordingly, 
understand that the Committee on Ways and Means will not seek a 
sequential referral on the bill.
    The Committee on Homeland Security concurs with the mutual 
understanding that by foregoing a sequential referral of this 
bill at this time, the Committee on Ways and Means does not 
waive any jurisdiction over the subject matter contained in 
this bill or similar legislation in the future. In addition, 
should a conference on this bill be necessary, I would support 
your request to have the Committee on Ways and Means 
represented on the conference committee.
    I will insert copies of this exchange in the report on the 
bill and in the Congressional Record during consideration of 
this bill on the House floor. I thank you for your cooperation 
in this matter.
            Sincerely,
                                 Michael T. McCaul,
                                                  Chairman,
                                    Committee on Homeland Security.

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