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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.
[all]
