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115th Congress   }                                      {       Report
                        HOUSE OF REPRESENTATIVES
 1st Session     }                                      {      115-274

======================================================================



 
  ASIA-PACIFIC ECONOMIC COOPERATION BUSINESS TRAVEL CARDS ACT OF 2017

                                _______
                                

 August 8, 2017.--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. 2805]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security, to whom was referred 
the bill (H.R. 2805) to permanently authorize the Asia-Pacific 
Economic Cooperation Business Travel Card Program, having 
considered the same, report favorably thereon with an amendment 
and recommend that the bill as amended do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     3
Background and Need for Legislation..............................     3
Hearings.........................................................     4
Committee Consideration..........................................     4
Committee Votes..................................................     4
Committee Oversight Findings.....................................     4
New Budget Authority, Entitlement Authority, and Tax Expenditures     4
Congressional Budget Office Estimate.............................     5
Statement of General Performance Goals and Objectives............     6
Duplicative Federal Programs.....................................     6
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     6
Federal Mandates Statement.......................................     6
Preemption Clarification.........................................     6
Disclosure of Directed Rule Makings..............................     6
Advisory Committee Statement.....................................     6
Applicability to Legislative Branch..............................     7
Section-by-Section Analysis of the Legislation...................     7
Changes in Existing Law Made by the Bill, as Reported............     8

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

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Asia-Pacific Economic Cooperation 
Business Travel Cards Act of 2017''.

SEC. 2. ASIA-PACIFIC ECONOMIC COOPERATION BUSINESS TRAVEL CARDS.

  (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 inserting after section 
417 the following new section:

``SEC. 418. ASIA-PACIFIC ECONOMIC COOPERATION BUSINESS TRAVEL CARDS.

  ``(a) In General.--The Commissioner of U.S. Customs and Border 
Protection is authorized to issue Asia-Pacific Economic Cooperation 
Business Travel Cards (referred to in this section as an `ABT Card') to 
an individual described in subsection (b).
  ``(b) Card Issuance.--An individual described in this subsection is 
an individual--
          ``(1) who--
                  ``(A) is a citizen of the United States; and
                  ``(B) has been approved and is in good standing in an 
                existing international trusted traveler program of the 
                Department; and
          ``(2) who--
                  ``(A) is engaged in business in the Asia-Pacific 
                region, as determined by the Commissioner of U.S. 
                Customs and Border Protection; or
                  ``(B) is a United States Government official actively 
                engaged in Asia-Pacific Economic Cooperation business, 
                as determined by the Commissioner of U.S. Customs and 
                Border Protection.
  ``(c) Integration With Existing Travel Programs.--The Commissioner of 
U.S. Customs and Border Protection shall integrate application 
procedures for, and issuance, renewal, and revocation of, ABT Cards 
with existing international trusted traveler programs of the 
Department.
  ``(d) Cooperation With Private Entities and Nongovernmental 
Organizations.--In carrying out this section, the Commissioner of U.S. 
Customs and Border Protection may consult with appropriate private 
sector entities and nongovernmental organizations, including academic 
institutions.
  ``(e) Fee.--
          ``(1) In general.--The Commissioner of U.S. Customs and 
        Border Protection shall--
                  ``(A) prescribe and collect a fee for the issuance 
                and renewal of ABT Cards; and
                  ``(B) adjust such fee to the extent the Commissioner 
                determines necessary to comply with paragraph (2).
          ``(2) Limitation.--The Commissioner of U.S. Customs and 
        Border Protection shall ensure that the total amount of the 
        fees collected under paragraph (1) during any fiscal year is 
        sufficient to offset the direct and indirect costs associated 
        with carrying out this section during such fiscal year, 
        including the costs associated with operating and maintaining 
        the ABT Card issuance and renewal processes.
          ``(3) Account for collections.--There is established in the 
        Treasury of the United States an `Asia-Pacific Economic 
        Cooperation Business Travel Card Account' into which the fees 
        collected under paragraph (1) shall be deposited as offsetting 
        receipts.
          ``(4) Use of funds.--Amounts deposited into the Asia Pacific 
        Economic Cooperation Business Travel Card Account described in 
        paragraph (3) shall--
                  ``(A) be credited to the appropriate account of the 
                U.S. Customs and Border Protection for expenses 
                incurred in carrying out this section; and
                  ``(B) remain available until expended.
  ``(f) Notification.--The Commissioner of U.S. Customs and Border 
Protection shall notify the Committee on Homeland Security of the House 
of Representatives and the Committee on Homeland Security and 
Governmental Affairs of the Senate within 60 days of any expenses 
incurred to operate and provide ABT Card services beyond the amounts 
collected pursuant subsection (e).
  ``(g) Trusted Traveler Program Defined.--In this section, the term 
`trusted traveler program' means a voluntary program of the Department 
that allows U.S. Customs and Border Protection to expedite clearance of 
pre-approved, low-risk travelers arriving in the United States.''.
  (b) Clerical Amendment.--The table of contents in section 1(b) of the 
Homeland Security Act of 2002 is amended by inserting after the item 
relating to section 417 the following new item:

``Sec. 418. Asia-Pacific Economic Cooperation Business Travel Cards.''.

SEC. 3. ACCOUNT.

  (a) In General.--Notwithstanding the repeal of the Asia-Pacific 
Economic Cooperation Business Travel Cards Act of 2011 (Public Law 112-
54; 8 U.S.C. 1185 note) pursuant to section 4(b) of this Act, amounts 
deposited into the APEC Business Travel Card Account established 
pursuant to such Act as of the date of the enactment of this Act are 
hereby transferred to the Asia-Pacific Economic Cooperation Business 
Travel Card Account established pursuant to subsection (e) of section 
418 of the Homeland Security Act of 2002 (as added by section 2 of this 
Act), and shall be available without regard to whether such amounts are 
expended in connection with expenses incurred with respect to an ABT 
Card issued at any time before or after such date of enactment.
  (b) Availability.--Amounts deposited in the Asia-Pacific Economic 
Cooperation Business Travel Card Account established pursuant to 
subsection (e) of section 418 of the Homeland Security Act of 2002 
shall, in addition to the purposes for which such amounts are available 
pursuant to such subsection, also be available for expenditure in 
connection with expenses incurred with respect to ABT Cards issued at 
any time before the date of the enactment of such section.
  (c) Termination.--After the transfer described in subsection (a) has 
been carried out, the Asia-Pacific Economic Cooperation Business Travel 
Card Account established pursuant to the Asia-Pacific Economic 
Cooperation Business Travel Cards Act of 2011 is closed.

SEC. 4. CONFORMING AMENDMENTS AND REPEAL.

  (a) Conforming Amendments.--Subsection (c) of section 411 of the 
Homeland Security Act of 2002 (6 U.S.C. 211) is amended--
          (1) in paragraph (17), by striking ``and'' after the 
        semicolon at the end;
          (2) by redesignating paragraph (18) as paragraph (19); and
          (3) by inserting after paragraph (17) the following new 
        paragraph:
          ``(18) carry out section 418, relating to the issuance of 
        Asia-Pacific Economic Cooperation Business Travel Cards; and''.
  (b) Repeal.--
          (1) In general.--The Asia-Pacific Economic Cooperation 
        Business Travel Cards Act of 2011 (Public Law 112-54; 8 U.S.C. 
        1185 note) is repealed.
          (2) Saving clause.--Notwithstanding the repeal under 
        paragraph (1), an ABT Card issued pursuant to the Asia-Pacific 
        Economic Cooperation Business Travel Cards Act of 2011 before 
        the date of the enactment of this Act that, as of such date, is 
        still valid, shall continue to remain valid on and after such 
        date until such time as such Card would otherwise expire.

                          Purpose and Summary

    H.R. 2805, the ``Asia-Pacific Economic Cooperation Business 
Travel Cards Act of 2017'' permanently authorizes the U.S. 
Asia-Pacific Economic Cooperation (APEC) Business Travel Card 
Program which is a voluntary program to facilitate travel for 
U.S. citizens engaged in business in the APEC region and U.S. 
Government officials engaged in APEC business.
    The APEC Business Travel Card Program is set to expire in 
September 2018, and this legislation would permanently 
authorize the framework for a trusted traveler program that 
allows APEC business travelers' pre-cleared, facilitated short-
term entry to participating member economies. H.R. 2805 
integrated this program with existing trusted traveler 
programs, and codifies the program under the authority of the 
Commissioner of U.S. Customs and Border Protection (CBP).

                  Background and Need for Legislation

    The Asia-Pacific Economic Cooperation Business Travel (ABT) 
Cards Act (Pub.L. 112-54) was passed in November 2011 to 
authorize a pilot program intended to expedite travel in the 
Asia-Pacific region for qualified American travelers.
    The United States is one of 21 APEC member economies, which 
include: Australia, Brunei Darussalam, Canada, Chile, China, 
Hong Kong China, Indonesia, Japan, Korea, Malaysia, Mexico, New 
Zealand, Papua New Guinea, Peru, Philippines, Russia, 
Singapore, Chinese Taipei, Thailand and Vietnam.
    Under the bill, U.S. Customs and Border Protection (CBP) is 
authorized to issue the ABT Card to U.S. citizens who are also 
members in good standing of existing trusted traveler programs, 
such as Global Entry, SENTRI, and NEXUS. Card holders will 
receive expedited scheduling of visa interviews and access to 
fast-track immigration lanes at airports in APEC's 21 
economies.
    The ABT Card allows business travelers pre-cleared, 
facilitated short-term entry to participating member economies. 
The ABT Card removes the need to individually apply for visas 
or entry permits, saving valuable time, and allows multiple 
entries into participating economies during the 5-years the 
card is valid. Card holders also benefit from faster 
immigration processing on arrival via access to fast-track 
entry and exit through special APEC lanes at major airports in 
participating economies.
    The ABT Card also helps to enhance border integrity and 
security in participating economies by providing benefits to 
border agencies as it increases the number of low-risk 
travelers since each applicant is an existing member in good 
standing in any trusted traveler programs administered by CBP 
(SENTRI, NEXUS, or Global Entry). Additionally, ABT Card 
holders are screened against 'watch lists' of other 
participating economies.

                                Hearings

    No hearings were held on H.R. 2805 in the 115th Congress.

                        Committee Consideration

    The Committee met on July 26, 2017, to consider H.R. 2805, 
and ordered the measure to be reported to the House with a 
favorable recommendation, as amended, by voice vote.
    The following amendment was offered:
 An Amendment in the Nature of a Substitute offered by Miss 
Rice of New York (#1); was AGREED TO by voice vote.

                            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 Committee 
consideration of H.R. 2805.

                      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. 
2805, the Asia-Pacific Economic Cooperation Business Travel 
Cards Act of 2017, would result in no new or increased budget 
authority, entitlement authority, or tax expenditures or 
revenues.

                  Congressional Budget Office Estimate

    The Committee adopts as its own the cost estimate prepared 
by the Director of the Congressional Budget Office pursuant to 
section 402 of the Congressional Budget Act of 1974.

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, August 4, 2017.
Hon. Michael McCaul,
Chairman, Committee on Homeland Security,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2805, the Asia-
Pacific Economic Cooperation Business Travel Cards Act of 2017.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Mark 
Grabowicz.
            Sincerely,
                                                        Keith Hall.
    Enclosure.

H.R. 2805--Asia-Pacific Economic Cooperation Business Travel Cards Act 
        of 2017

    The Asia-Pacific Economic Cooperation Business Travel Cards 
Act of 2011 (Public Law 112-54) authorized the Department of 
Homeland Security (DHS) to issue special cards to eligible U.S. 
citizens to facilitate international travel to participating 
countries (mostly in Asia). Under the act, DHS may not issue 
the cards after September 30, 2018. H.R. 2805 would make 
several technical changes to the program and would extend it 
permanently.
    DHS collects a fee of $70 from applicants for the special 
card. Those fees are classified in the budget as offsetting 
receipts (a reduction in direct spending) and are available to 
DHS to spend without further appropriation. In fiscal year 2016 
DHS collected a total of about $1 million in fees. CBO 
estimates that enacting H.R. 2805 would have no significant net 
effect on DHS spending because we expect the department would 
collect and spend roughly the same amounts in future years.
    Because enacting the bill would affect direct spending, 
pay-as-you-go procedures apply; however, we estimate that the 
net effect would be negligible in every year. Enacting the bill 
would not affect revenues.
    CBO estimates that enacting H.R. 2805 would not increase 
net direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2028.
    H.R. 2805 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect the budgets of state, local, or tribal 
governments.
    On June 14, 2017, CBO transmitted a cost estimate for S. 
504, the APEC Business Travel Cards Reauthorization Act of 
2017, as ordered reported by the Senate Committee on Homeland 
Security and Governmental Affairs on May 17, 2017. The two 
bills are similar and CBO's estimates of the budgetary effects 
are identical.
    The CBO staff contact for this estimate is Mark Grabowicz. 
The estimate was approved by H. Samuel Papenfuss, Deputy 
Assistant Director for Budget Analysis.

         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. 2805 contains the following 
general performance goals and objectives, including outcome 
related goals and objectives authorized.
    The general performance goal or objective of this bill is 
to facilitate ease of travel for U.S. citizens engaged in 
business in the APEC region and U.S. Government officials 
engaged in APEC business.

                      Duplicative Federal Programs

    Pursuant to clause 3(c) of Rule XIII, the Committee finds 
that H.R. 21626 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 the Rule 
XXI.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

                        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. 2805 does 
not preempt any State, local, or Tribal law.

                  Disclosure of Directed Rule Makings

    The Committee estimates that H.R. 2805 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.

    This section provides that this bill may be cited as the 
``Asia-Pacific Economic Cooperation Business Travel Cards Act 
of 2017''.

Sec. 2.   Asia-Pacific Economic Cooperation Business Travel Cards.

    This section permanently authorizes the Asia-Pacific 
Economic Cooperation Business Travel Car (APEC or ABT) Card 
program as an additional trusted traveler program to be 
operated and maintained by U.S. Customs and Border Protection 
(CBP). This section also outlines eligibility requirements for 
card issuance, integration with existing travel programs, and 
the fee structure of the ABT Card.
    The Committee believes that the ABT Card is a highly 
effective program that allows prescreened frequent travelers 
access to streamlined entry to participating economies. The 
Committee believes that it is in the best interest of our 
partnership with the Asia-Pacific Economic Cooperation, or APEC 
region, to permanently establish the ABT Card program. The 
Committee believes that the ABT Card also helps to enhance 
border integrity and security in participating economies by 
providing benefits to border agencies as it increases the 
number of low risk travelers who have been prescreened and 
vetted against `watch list' data bases.

Sec. 3.   Account.

    This section outlines the account structure of this fee-
based program, and the framework needed to cover the costs of 
such program. Since this program is completely fee funded, the 
Committee believes that the ABT Card should not incur any 
additional costs to Customs and Border Protection and continue 
to be funded entirely through the fees associated with 
obtaining an ABT Card. This section also requires that any 
additional account balance from the current account be 
transferred to the account established by this bill.

Sec. 4.   Conforming Amendments and Repeal.

    This section provides technical corrections and repeals the 
Asia-Pacific Economic Cooperation Business Travel Cards Act of 
2011. However, this section also provides a savings clause that 
allows for all ABT Cards issued prior to the date of enactment 
of this Act will be valid, and remain valid until such card 
expires.
    The Committee included the savings clause to ensure that 
there will be no disruption for current cardholders upon 
enactment. With the addition of the savings clause, ABT Card 
participants will be able to continue using their valid cards 
for the remaining time until expired.

         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 italics, 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--BORDER, MARITIME, AND TRANSPORTATION SECURITY

     * * * * * * *

             Subtitle B--U.S. Customs and Border Protection

     * * * * * * *
Sec. 418. Asia-Pacific Economic Cooperation Business Travel Cards.

           *       *       *       *       *       *       *


TITLE IV--BORDER, MARITIME, AND TRANSPORTATION SECURITY

           *       *       *       *       *       *       *


             Subtitle B--U.S. Customs and Border Protection

SEC. 411. ESTABLISHMENT OF U.S. CUSTOMS AND BORDER PROTECTION; 
                    COMMISSIONER, DEPUTY COMMISSIONER, AND OPERATIONAL 
                    OFFICES.

  (a) In General.--There is established in the Department an 
agency to be known as U.S. Customs and Border Protection.
  (b) Commissioner of U.S. Customs and Border Protection.--
          (1) In general.--There shall be at the head of U.S. 
        Customs and Border Protection a Commissioner of U.S. 
        Customs and Border Protection (in this section referred 
        to as the ``Commissioner'').
          (2) Committee referral.--As an exercise of the 
        rulemaking power of the Senate, any nomination for the 
        Commissioner submitted to the Senate for confirmation, 
        and referred to a committee, shall be referred to the 
        Committee on Finance.
  (c) Duties.--The Commissioner shall--
          (1) coordinate and integrate the security, trade 
        facilitation, and trade enforcement functions of U.S. 
        Customs and Border Protection;
          (2) ensure the interdiction of persons and goods 
        illegally entering or exiting the United States;
          (3) facilitate and expedite the flow of legitimate 
        travelers and trade;
          (4) direct and administer the commercial operations 
        of U.S. Customs and Border Protection, and the 
        enforcement of the customs and trade laws of the United 
        States;
          (5) detect, respond to, and interdict terrorists, 
        drug smugglers and traffickers, human smugglers and 
        traffickers, and other persons who may undermine the 
        security of the United States, in cases in which such 
        persons are entering, or have recently entered, the 
        United States;
          (6) safeguard the borders of the United States to 
        protect against the entry of dangerous goods;
          (7) ensure the overall economic security of the 
        United States is not diminished by efforts, activities, 
        and programs aimed at securing the homeland;
          (8) in coordination with U.S. Immigration and Customs 
        Enforcement and United States Citizenship and 
        Immigration Services, enforce and administer all 
        immigration laws, as such term is defined in paragraph 
        (17) of section 101(a) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)), including--
                  (A) the inspection, processing, and admission 
                of persons who seek to enter or depart the 
                United States; and
                  (B) the detection, interdiction, removal, 
                departure from the United States, short-term 
                detention, and transfer of persons unlawfully 
                entering, or who have recently unlawfully 
                entered, the United States;
          (9) develop and implement screening and targeting 
        capabilities, including the screening, reviewing, 
        identifying, and prioritizing of passengers and cargo 
        across all international modes of transportation, both 
        inbound and outbound;
          (10) in coordination with the Secretary, deploy 
        technology to collect the data necessary for the 
        Secretary to administer the biometric entry and exit 
        data system pursuant to section 7208 of the 
        Intelligence Reform and Terrorism Prevention Act of 
        2004 (8 U.S.C. 1365b);
          (11) enforce and administer the laws relating to 
        agricultural import and entry inspection referred to in 
        section 421;
          (12) in coordination with the Under Secretary for 
        Management of the Department, ensure U.S. Customs and 
        Border Protection complies with Federal law, the 
        Federal Acquisition Regulation, and the Department's 
        acquisition management directives for major acquisition 
        programs of U.S. Customs and Border Protection;
          (13) ensure that the policies and regulations of U.S. 
        Customs and Border Protection are consistent with the 
        obligations of the United States pursuant to 
        international agreements;
          (14) enforce and administer--
                  (A) the Container Security Initiative program 
                under section 205 of the Security and 
                Accountability for Every Port Act of 2006 (6 
                U.S.C. 945); and
                  (B) the Customs-Trade Partnership Against 
                Terrorism program under subtitle B of title II 
                of such Act (6 U.S.C. 961 et seq.);
          (15) conduct polygraph examinations in accordance 
        with section 3(1) of the Anti-Border Corruption Act of 
        2010 (Public Law 111-376; 124 Stat. 4105);
          (16) establish the standard operating procedures 
        described in subsection (k);
          (17) carry out the training required under subsection 
        (l); [and]
          (18) carry out section 418, relating to the issuance 
        of Asia-Pacific Economic Cooperation Business Travel 
        Cards; and
          [(18)] (19) carry out other duties and powers 
        prescribed by law or delegated by the Secretary.
  (d) Deputy Commissioner.--There shall be in U.S. Customs and 
Border Protection a Deputy Commissioner who shall assist the 
Commissioner in the management of U.S. Customs and Border 
Protection.
  (e) U.S. Border Patrol.--
          (1) In general.--There is established in U.S. Customs 
        and Border Protection the U.S. Border Patrol.
          (2) Chief.--There shall be at the head of the U.S. 
        Border Patrol a Chief, who shall--
                  (A) be at the level of Executive Assistant 
                Commissioner within U.S. Customs and Border 
                Protection; and
                  (B) report to the Commissioner.
          (3) Duties.--The U.S. Border Patrol shall--
                  (A) serve as the law enforcement office of 
                U.S. Customs and Border Protection with primary 
                responsibility for interdicting persons 
                attempting to illegally enter or exit the 
                United States or goods being illegally imported 
                into or exported from the United States at a 
                place other than a designated port of entry;
                  (B) deter and prevent the illegal entry of 
                terrorists, terrorist weapons, persons, and 
                contraband; and
                  (C) carry out other duties and powers 
                prescribed by the Commissioner.
  (f) Air and Marine Operations.--
          (1) In general.--There is established in U.S. Customs 
        and Border Protection an office known as Air and Marine 
        Operations.
          (2) Executive assistant commissioner.--There shall be 
        at the head of Air and Marine Operations an Executive 
        Assistant Commissioner, who shall report to the 
        Commissioner.
          (3) Duties.--Air and Marine Operations shall--
                  (A) serve as the law enforcement office 
                within U.S. Customs and Border Protection with 
                primary responsibility to detect, interdict, 
                and prevent acts of terrorism and the unlawful 
                movement of people, illicit drugs, and other 
                contraband across the borders of the United 
                States in the air and maritime environment;
                  (B) conduct joint aviation and marine 
                operations with U.S. Immigration and Customs 
                Enforcement;
                  (C) conduct aviation and marine operations 
                with international, Federal, State, and local 
                law enforcement agencies, as appropriate;
                  (D) administer the Air and Marine Operations 
                Center established under paragraph (4); and
                  (E) carry out other duties and powers 
                prescribed by the Commissioner.
          (4) Air and marine operations center.--
                  (A) In general.--There is established in Air 
                and Marine Operations an Air and Marine 
                Operations Center.
                  (B) Executive director.--There shall be at 
                the head of the Air and Marine Operations 
                Center an Executive Director, who shall report 
                to the Executive Assistant Commissioner of Air 
                and Marine Operations.
                  (C) Duties.--The Air and Marine Operations 
                Center shall--
                          (i) manage the air and maritime 
                        domain awareness of the Department, as 
                        directed by the Secretary;
                          (ii) monitor and coordinate the 
                        airspace for unmanned aerial systems 
                        operations of Air and Marine Operations 
                        in U.S. Customs and Border Protection;
                          (iii) detect, identify, and 
                        coordinate a response to threats to 
                        national security in the air domain, in 
                        coordination with other appropriate 
                        agencies, as determined by the 
                        Executive Assistant Commissioner;
                          (iv) provide aviation and marine 
                        support to other Federal, State, 
                        tribal, and local agencies; and
                          (v) carry out other duties and powers 
                        prescribed by the Executive Assistant 
                        Commissioner.
  (g) Office of Field Operations.--
          (1) In general.--There is established in U.S. Customs 
        and Border Protection an Office of Field Operations.
          (2) Executive assistant commissioner.--There shall be 
        at the head of the Office of Field Operations an 
        Executive Assistant Commissioner, who shall report to 
        the Commissioner.
          (3) Duties.--The Office of Field Operations shall 
        coordinate the enforcement activities of U.S. Customs 
        and Border Protection at United States air, land, and 
        sea ports of entry to--
                  (A) deter and prevent terrorists and 
                terrorist weapons from entering the United 
                States at such ports of entry;
                  (B) conduct inspections at such ports of 
                entry to safeguard the United States from 
                terrorism and illegal entry of persons;
                  (C) prevent illicit drugs, agricultural 
                pests, and contraband from entering the United 
                States;
                  (D) in coordination with the Commissioner, 
                facilitate and expedite the flow of legitimate 
                travelers and trade;
                  (E) administer the National Targeting Center 
                established under paragraph (4);
                  (F) coordinate with the Executive Assistant 
                Commissioner for the Office of Trade with 
                respect to the trade facilitation and trade 
                enforcement activities of U.S. Customs and 
                Border Protection; and
                  (G) carry out other duties and powers 
                prescribed by the Commissioner.
          (4) National targeting center.--
                  (A) In general.--There is established in the 
                Office of Field Operations a National Targeting 
                Center.
                  (B) Executive director.--There shall be at 
                the head of the National Targeting Center an 
                Executive Director, who shall report to the 
                Executive Assistant Commissioner of the Office 
                of Field Operations.
                  (C) Duties.--The National Targeting Center 
                shall--
                          (i) serve as the primary forum for 
                        targeting operations within U.S. 
                        Customs and Border Protection to 
                        collect and analyze traveler and cargo 
                        information in advance of arrival in 
                        the United States to identify and 
                        address security risks and strengthen 
                        trade enforcement;
                          (ii) identify, review, and target 
                        travelers and cargo for examination;
                          (iii) coordinate the examination of 
                        entry and exit of travelers and cargo;
                          (iv) develop and conduct commercial 
                        risk assessment targeting with respect 
                        to cargo destined for the United 
                        States;
                          (v) coordinate with the 
                        Transportation Security Administration, 
                        as appropriate;
                          (vi) issue Trade Alerts pursuant to 
                        section 111(b) of the Trade 
                        Facilitation and Trade Enforcement Act 
                        of 2015; and
                          (vii) carry out other duties and 
                        powers prescribed by the Executive 
                        Assistant Commissioner.
          (5) Annual report on staffing.--
                  (A) In general.--Not later than 30 days after 
                the date of the enactment of the Trade 
                Facilitation and Trade Enforcement Act of 2015, 
                and annually thereafter, the Executive 
                Assistant Commissioner shall submit to the 
                Committee on Homeland Security and the 
                Committee on Ways and Means of the House of 
                Representatives and the Committee on Homeland 
                Security and Governmental Affairs and the 
                Committee on Finance of the Senate a report on 
                the staffing model for the Office of Field 
                Operations, including information on how many 
                supervisors, front-line U.S. Customs and Border 
                Protection officers, and support personnel are 
                assigned to each Field Office and port of 
                entry.
                  (B) Form.--The report required under 
                subparagraph (A) shall, to the greatest extent 
                practicable, be submitted in unclassified form, 
                but may be submitted in classified form, if the 
                Executive Assistant Commissioner determines 
                that such is appropriate and informs the 
                Committee on Homeland Security and the 
                Committee on Ways and Means of the House of 
                Representatives and the Committee on Homeland 
                Security and Governmental Affairs and the 
                Committee on Finance of the Senate of the 
                reasoning for such.
  (h) Office of Intelligence.--
          (1) In general.--There is established in U.S. Customs 
        and Border Protection an Office of Intelligence.
          (2) Assistant commissioner.--There shall be at the 
        head of the Office of Intelligence an Assistant 
        Commissioner, who shall report to the Commissioner.
          (3) Duties.--The Office of Intelligence shall--
                  (A) develop, provide, coordinate, and 
                implement intelligence capabilities into a 
                cohesive intelligence enterprise to support the 
                execution of the duties and responsibilities of 
                U.S. Customs and Border Protection;
                  (B) manage the counterintelligence operations 
                of U.S. Customs and Border Protection;
                  (C) establish, in coordination with the Chief 
                Intelligence Officer of the Department, as 
                appropriate, intelligence-sharing relationships 
                with Federal, State, local, and tribal agencies 
                and intelligence agencies;
                  (D) conduct risk-based covert testing of U.S. 
                Customs and Border Protection operations, 
                including for nuclear and radiological risks; 
                and
                  (E) carry out other duties and powers 
                prescribed by the Commissioner.
  (i) Office of International Affairs.--
          (1) In general.--There is established in U.S. Customs 
        and Border Protection an Office of International 
        Affairs.
          (2) Assistant commissioner.--There shall be at the 
        head of the Office of International Affairs an 
        Assistant Commissioner, who shall report to the 
        Commissioner.
          (3) Duties.--The Office of International Affairs, in 
        collaboration with the Office of Policy of the 
        Department, shall--
                  (A) coordinate and support U.S. Customs and 
                Border Protection's foreign initiatives, 
                policies, programs, and activities;
                  (B) coordinate and support U.S. Customs and 
                Border Protection's personnel stationed abroad;
                  (C) maintain partnerships and information-
                sharing agreements and arrangements with 
                foreign governments, international 
                organizations, and United States agencies in 
                support of U.S. Customs and Border Protection's 
                duties and responsibilities;
                  (D) provide necessary capacity building, 
                training, and assistance to foreign customs and 
                border control agencies to strengthen border, 
                global supply chain, and travel security, as 
                appropriate;
                  (E) coordinate mission support services to 
                sustain U.S. Customs and Border Protection's 
                global activities;
                  (F) coordinate with customs authorities of 
                foreign countries with respect to trade 
                facilitation and trade enforcement;
                  (G) coordinate U.S. Customs and Border 
                Protection's engagement in international 
                negotiations;
                  (H) advise the Commissioner with respect to 
                matters arising in the World Customs 
                Organization and other international 
                organizations as such matters relate to the 
                policies and procedures of U.S. Customs and 
                Border Protection;
                  (I) advise the Commissioner regarding 
                international agreements to which the United 
                States is a party as such agreements relate to 
                the policies and regulations of U.S. Customs 
                and Border Protection; and
                  (J) carry out other duties and powers 
                prescribed by the Commissioner.
  (j) Office of Professional Responsibility.--
          (1) In general.--There is established in U.S. Customs 
        and Border Protection an Office of Professional 
        Responsibility.
          (2) Assistant commissioner.--There shall be at the 
        head of the Office of Professional Responsibility an 
        Assistant Commissioner, who shall report to the 
        Commissioner.
          (3) Duties.--The Office of Professional 
        Responsibility shall--
                  (A) investigate criminal and administrative 
                matters and misconduct by officers, agents, and 
                other employees of U.S. Customs and Border 
                Protection;
                  (B) manage integrity-related programs and 
                policies of U.S. Customs and Border Protection;
                  (C) conduct research and analysis regarding 
                misconduct of officers, agents, and other 
                employees of U.S. Customs and Border 
                Protection; and
                  (D) carry out other duties and powers 
                prescribed by the Commissioner.
  (k) Standard Operating Procedures.--
          (1) In general.--The Commissioner shall establish--
                  (A) standard operating procedures for 
                searching, reviewing, retaining, and sharing 
                information contained in communication, 
                electronic, or digital devices encountered by 
                U.S. Customs and Border Protection personnel at 
                United States ports of entry;
                  (B) standard use of force procedures that 
                officers and agents of U.S. Customs and Border 
                Protection may employ in the execution of their 
                duties, including the use of deadly force;
                  (C) uniform, standardized, and publicly-
                available procedures for processing and 
                investigating complaints against officers, 
                agents, and employees of U.S. Customs and 
                Border Protection for violations of 
                professional conduct, including the timely 
                disposition of complaints and a written 
                notification to the complainant of the status 
                or outcome, as appropriate, of the related 
                investigation, in accordance with section 552a 
                of title 5, United States Code (commonly 
                referred to as the ``Privacy Act'' or the 
                ``Privacy Act of 1974'');
                  (D) an internal, uniform reporting mechanism 
                regarding incidents involving the use of deadly 
                force by an officer or agent of U.S. Customs 
                and Border Protection, including an evaluation 
                of the degree to which the procedures required 
                under subparagraph (B) were followed; and
                  (E) standard operating procedures, acting 
                through the Executive Assistant Commissioner 
                for Air and Marine Operations and in 
                coordination with the Office for Civil Rights 
                and Civil Liberties and the Office of Privacy 
                of the Department, to provide command, control, 
                communication, surveillance, and reconnaissance 
                assistance through the use of unmanned aerial 
                systems, including the establishment of--
                          (i) a process for other Federal, 
                        State, and local law enforcement 
                        agencies to submit mission requests;
                          (ii) a formal procedure to determine 
                        whether to approve or deny such a 
                        mission request;
                          (iii) a formal procedure to determine 
                        how such mission requests are 
                        prioritized and coordinated; and
                          (iv) a process regarding the 
                        protection and privacy of data and 
                        images collected by U.S. Customs and 
                        Border Protection through the use of 
                        unmanned aerial systems.
          (2) Requirements regarding certain notifications.--
        The standard operating procedures established pursuant 
        to subparagraph (A) of paragraph (1) shall require--
                  (A) in the case of a search of information 
                conducted on an electronic device by U.S. 
                Customs and Border Protection personnel, the 
                Commissioner to notify the individual subject 
                to such search of the purpose and authority for 
                such search, and how such individual may obtain 
                information on reporting concerns about such 
                search; and
                  (B) in the case of information collected by 
                U.S. Customs and Border Protection through a 
                search of an electronic device, if such 
                information is transmitted to another Federal 
                agency for subject matter assistance, 
                translation, or decryption, the Commissioner to 
                notify the individual subject to such search of 
                such transmission.
          (3) Exceptions.--The Commissioner may withhold the 
        notifications required under paragraphs (1)(C) and (2) 
        if the Commissioner determines, in the sole and 
        unreviewable discretion of the Commissioner, that such 
        notifications would impair national security, law 
        enforcement, or other operational interests.
          (4) Update and review.--The Commissioner shall review 
        and update every three years the standard operating 
        procedures required under this subsection.
          (5) Audits.--The Inspector General of the Department 
        of Homeland Security shall develop and annually 
        administer, during each of the three calendar years 
        beginning in the calendar year that begins after the 
        date of the enactment of the Trade Facilitation and 
        Trade Enforcement Act of 2015, an auditing mechanism to 
        review whether searches of electronic devices at or 
        between United States ports of entry are being 
        conducted in conformity with the standard operating 
        procedures required under subparagraph (A) of paragraph 
        (1). Such audits shall be submitted to the Committee on 
        Homeland Security of the House of Representatives and 
        the Committee on Homeland Security and Governmental 
        Affairs of the Senate and shall include the following:
                  (A) A description of the activities of 
                officers and agents of U.S. Customs and Border 
                Protection with respect to such searches.
                  (B) The number of such searches.
                  (C) The number of instances in which 
                information contained in such devices that were 
                subjected to such searches was retained, 
                copied, shared, or entered in an electronic 
                database.
                  (D) The number of such devices detained as 
                the result of such searches.
                  (E) The number of instances in which 
                information collected from such devices was 
                subjected to such searches and was transmitted 
                to another Federal agency, including whether 
                such transmissions resulted in a prosecution or 
                conviction.
          (6) Requirements regarding other notifications.--The 
        standard use of force procedures established pursuant 
        to subparagraph (B) of paragraph (1) shall require--
                  (A) in the case of an incident of the use of 
                deadly force by U.S. Customs and Border 
                Protection personnel, the Commissioner to 
                notify the Committee on Homeland Security of 
                the House of Representatives and the Committee 
                on Homeland Security and Governmental Affairs 
                of the Senate; and
                  (B) the Commissioner to provide to such 
                committees a copy of the evaluation pursuant to 
                subparagraph (D) of such paragraph not later 
                than 30 days after completion of such 
                evaluation.
          (7) Report on unmanned aerial systems.--The 
        Commissioner 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 annual report, for each of the three 
        calendar years beginning in the calendar year that 
        begins after the date of the enactment of the Trade 
        Facilitation and Trade Enforcement Act of 2015, that 
        reviews whether the use of unmanned aerial systems is 
        being conducted in conformity with the standard 
        operating procedures required under subparagraph (E) of 
        paragraph (1). Such reports--
                  (A) shall be submitted with the annual budget 
                of the United States Government submitted by 
                the President under section 1105 of title 31, 
                United States Code;
                  (B) may be submitted in classified form if 
                the Commissioner determines that such is 
                appropriate; and
                  (C) shall include--
                          (i) a detailed description of how, 
                        where, and for how long data and images 
                        collected through the use of unmanned 
                        aerial systems by U.S. Customs and 
                        Border Protection are collected and 
                        stored; and
                          (ii) a list of Federal, State, and 
                        local law enforcement agencies that 
                        submitted mission requests in the 
                        previous year and the disposition of 
                        such requests.
  (l) Training.--The Commissioner shall require all officers 
and agents of U.S. Customs and Border Protection to participate 
in a specified amount of continuing education (to be determined 
by the Commissioner) to maintain an understanding of Federal 
legal rulings, court decisions, and departmental policies, 
procedures, and guidelines.
  (m) Short-term Detention Standards.--
          (1) Access to food and water.--The Commissioner shall 
        make every effort to ensure that adequate access to 
        food and water is provided to an individual apprehended 
        and detained at a United States port of entry or 
        between ports of entry as soon as practicable following 
        the time of such apprehension or during subsequent 
        short-term detention.
          (2) Access to information on detainee rights at 
        border patrol processing centers.--
                  (A) In general.--The Commissioner shall 
                ensure that an individual apprehended by a U.S. 
                Border Patrol agent or an Office of Field 
                Operations officer is provided with information 
                concerning such individual's rights, including 
                the right to contact a representative of such 
                individual's government for purposes of United 
                States treaty obligations.
                  (B) Form.--The information referred to in 
                subparagraph (A) may be provided either 
                verbally or in writing, and shall be posted in 
                the detention holding cell in which such 
                individual is being held. The information shall 
                be provided in a language understandable to 
                such individual.
          (3) Short-term detention defined.--In this 
        subsection, the term ``short-term detention'' means 
        detention in a U.S. Customs and Border Protection 
        processing center for 72 hours or less, before 
        repatriation to a country of nationality or last 
        habitual residence.
          (4) Daytime repatriation.--When practicable, 
        repatriations shall be limited to daylight hours and 
        avoid locations that are determined to have high 
        indices of crime and violence.
          (5) Report on procurement process and standards.--Not 
        later than 180 days after the date of the enactment of 
        the Trade Facilitation and Trade Enforcement Act of 
        2015, the Comptroller General of the United States 
        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 procurement process and 
        standards of entities with which U.S. Customs and 
        Border Protection has contracts for the transportation 
        and detention of individuals apprehended by agents or 
        officers of U.S. Customs and Border Protection. Such 
        report should also consider the operational efficiency 
        of contracting the transportation and detention of such 
        individuals.
          (6) Report on inspections of short-term custody 
        facilities.--The Commissioner shall--
                  (A) annually inspect all facilities utilized 
                for short-term detention; and
                  (B) make publicly available information 
                collected pursuant to such inspections, 
                including information regarding the 
                requirements under paragraphs (1) and (2) and, 
                where appropriate, issue recommendations to 
                improve the conditions of such facilities.
  (n) Wait Times Transparency.--
          (1) In general.--The Commissioner shall--
                  (A) publish live wait times for travelers 
                entering the United States at the 20 United 
                States airports that support the highest volume 
                of international travel (as determined by 
                available Federal flight data);
                  (B) make information about such wait times 
                available to the public in real time through 
                the U.S. Customs and Border Protection website;
                  (C) submit to the Committee on Homeland 
                Security and the Committee on Ways and Means of 
                the House of Representatives and the Committee 
                on Homeland Security and Governmental Affairs 
                and the Committee on Finance of the Senate, for 
                each of the five calendar years beginning in 
                the calendar year that begins after the date of 
                the enactment of the Trade Facilitation and 
                Trade Enforcement Act of 2015, a report that 
                includes compilations of all such wait times 
                and a ranking of such United States airports by 
                wait times; and
                  (D) provide adequate staffing at the U.S. 
                Customs and Border Protection information 
                center to ensure timely access for travelers 
                attempting to submit comments or speak with a 
                representative about their entry experiences.
          (2) Calculation.--The wait times referred to in 
        paragraph (1)(A) shall be determined by calculating the 
        time elapsed between an individual's entry into the 
        U.S. Customs and Border Protection inspection area and 
        such individual's clearance by a U.S. Customs and 
        Border Protection officer.
  (o) Other Authorities.--
          (1) In general.--The Secretary may establish such 
        other offices or positions of Assistant Commissioners 
        (or other similar officers or officials) as the 
        Secretary determines necessary to carry out the 
        missions, duties, functions, and authorities of U.S. 
        Customs and Border Protection.
          (2) Notification.--If the Secretary exercises the 
        authority provided under paragraph (1), the Secretary 
        shall notify the Committee on Homeland Security and the 
        Committee on Ways and Means of the House of 
        Representatives and the Committee on Homeland Security 
        and Governmental Affairs and the Committee on Finance 
        of the Senate not later than 30 days before exercising 
        such authority.
  (p) Reports to Congress.--The Commissioner shall, on and 
after the date of the enactment of the Trade Facilitation and 
Trade Enforcement Act of 2015, continue to submit to the 
Committee on Homeland Security and the Committee on Ways and 
Means of the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs and the Committee on 
Finance of the Senate any report required, on the day before 
such date of enactment, to be submitted under any provision of 
law.
  (q) Other Federal Agencies.--Nothing in this section may be 
construed as affecting in any manner the authority, existing on 
the day before the date of the enactment of the Trade 
Facilitation and Trade Enforcement Act of 2015, of any other 
Federal agency or component of the Department.
  (r) Definitions.--In this section, the terms ``commercial 
operations'', ``customs and trade laws of the United States'', 
``trade enforcement'', and ``trade facilitation'' have the 
meanings given such terms in section 2 of the Trade 
Facilitation and Trade Enforcement Act of 2015.

           *       *       *       *       *       *       *


SEC. 418. ASIA-PACIFIC ECONOMIC COOPERATION BUSINESS TRAVEL CARDS.

  (a) In General.--The Commissioner of U.S. Customs and Border 
Protection is authorized to issue Asia-Pacific Economic 
Cooperation Business Travel Cards (referred to in this section 
as an ``ABT Card'') to an individual described in subsection 
(b).
  (b) Card Issuance.--An individual described in this 
subsection is an individual--
          (1) who--
                  (A) is a citizen of the United States; and
                  (B) has been approved and is in good standing 
                in an existing international trusted traveler 
                program of the Department; and
          (2) who--
                  (A) is engaged in business in the Asia-
                Pacific region, as determined by the 
                Commissioner of U.S. Customs and Border 
                Protection; or
                  (B) is a United States Government official 
                actively engaged in Asia-Pacific Economic 
                Cooperation business, as determined by the 
                Commissioner of U.S. Customs and Border 
                Protection.
  (c) Integration With Existing Travel Programs.--The 
Commissioner of U.S. Customs and Border Protection shall 
integrate application procedures for, and issuance, renewal, 
and revocation of, ABT Cards with existing international 
trusted traveler programs of the Department.
  (d) Cooperation With Private Entities and Nongovernmental 
Organizations.--In carrying out this section, the Commissioner 
of U.S. Customs and Border Protection may consult with 
appropriate private sector entities and nongovernmental 
organizations, including academic institutions.
  (e) Fee.--
          (1) In general.--The Commissioner of U.S. Customs and 
        Border Protection shall--
                  (A) prescribe and collect a fee for the 
                issuance and renewal of ABT Cards; and
                  (B) adjust such fee to the extent the 
                Commissioner determines necessary to comply 
                with paragraph (2).
          (2) Limitation.--The Commissioner of U.S. Customs and 
        Border Protection shall ensure that the total amount of 
        the fees collected under paragraph (1) during any 
        fiscal year is sufficient to offset the direct and 
        indirect costs associated with carrying out this 
        section during such fiscal year, including the costs 
        associated with operating and maintaining the ABT Card 
        issuance and renewal processes.
          (3) Account for collections.--There is established in 
        the Treasury of the United States an ``Asia-Pacific 
        Economic Cooperation Business Travel Card Account'' 
        into which the fees collected under paragraph (1) shall 
        be deposited as offsetting receipts.
          (4) Use of funds.--Amounts deposited into the Asia 
        Pacific Economic Cooperation Business Travel Card 
        Account described in paragraph (3) shall--
                  (A) be credited to the appropriate account of 
                the U.S. Customs and Border Protection for 
                expenses incurred in carrying out this section; 
                and
                  (B) remain available until expended.
  (f) Notification.--The Commissioner of U.S. Customs and 
Border Protection shall notify the Committee on Homeland 
Security of the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs of the Senate within 
60 days of any expenses incurred to operate and provide ABT 
Card services beyond the amounts collected pursuant subsection 
(e).
  (g) Trusted Traveler Program Defined.--In this section, the 
term ``trusted traveler program'' means a voluntary program of 
the Department that allows U.S. Customs and Border Protection 
to expedite clearance of pre-approved, low-risk travelers 
arriving in the United States.

           *       *       *       *       *       *       *

                              ----------                              


  ASIA-PACIFIC ECONOMIC COOPERATION BUSINESS TRAVEL CARDS ACT OF 2011

[SECTION 1. SHORT TITLE.

  [This Act may be cited as the ``Asia-Pacific Economic 
Cooperation Business Travel Cards Act of 2011''.]

[SEC. 2. ASIA-PACIFIC ECONOMIC COOPERATION BUSINESS TRAVEL CARDS.

  [(a) In General.--During the 7-year period ending on 
September 30, 2018, the Secretary of Homeland Security, in 
coordination with the Secretary of State, is authorized to 
issue Asia-Pacific Economic Cooperation Business Travel Cards 
(referred to in this section as ``ABT Cards'') to any eligible 
person, including business leaders and United States Government 
officials who are actively engaged in Asia-Pacific Economic 
Cooperation business. An individual may not receive an ABT Card 
under this section unless the individual has been approved and 
is in good standing in an international trusted traveler 
program of the Department of Homeland Security.
  [(b) Integration With Existing Travel Programs.--The 
Secretary of Homeland Security may integrate application 
procedures for, and issuance, suspension, and revocation of, 
ABT Cards with other appropriate international trusted traveler 
programs of the Department of Homeland Security.
  [(c) Cooperation With Private Entities.--In carrying out this 
section, the Secretary of Homeland Security may consult with 
appropriate private sector entities.
  [(d) Rulemaking.--The Secretary of Homeland Security, in 
coordination with the Secretary of State, may prescribe such 
regulations as may be necessary to carry out this section, 
including regulations regarding conditions of or limitations on 
eligibility for an ABT Card.
  [(e) Fee.--
          [(1) In general.--The Secretary of Homeland Security 
        may--
                  [(A) prescribe and collect a fee for the 
                issuance of ABT Cards; and
                  [(B) adjust such fee to the extent the 
                Secretary determines to be necessary to comply 
                with paragraph (2).
          [(2) Limitation.--The Secretary of Homeland Security 
        shall ensure that the total amount of the fees 
        collected under paragraph (1) during any fiscal year is 
        sufficient to offset the direct and indirect costs 
        associated with carrying out this section during such 
        fiscal year, including the costs associated with 
        establishing the program.
          [(3) Account for collections.--There is established 
        in the Treasury of the United States an ``APEC Business 
        Travel Card Account'' into which the fees collected 
        under paragraph (1) shall be deposited as offsetting 
        receipts.
          [(4) Use of funds.--Amounts deposited into the APEC 
        Business Travel Card Account--
                  [(A) shall be credited to the appropriate 
                account of the Department of Homeland Security 
                for expenses incurred in carrying out this 
                section; and
                  [(B) shall remain available until expended.
  [(f) Termination of Program.--The Secretary of Homeland 
Security, in coordination with the Secretary of State, may 
terminate activities under this section if the Secretary of 
Homeland Security determines such action to be in the interest 
of the United States.]

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