IIB 

114TH CONGRESS 

2D SESSION H. R. 3586 

IN THE SENATE OF THE UNITED STATES 

APRIL 14, 2016 

Received; read twice and referred to the Committee on Homeland Security and 

Governmental Affairs 

AN ACT 

To amend the Homeland Security Act of 2002 to improve 

border and maritime security coordination in the Department of Homeland Security, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Border and Maritime Coordination Improvement Act’’. 

4 (b) TABLE OF CONTENTS.—The table of contents for 

5 this Act is as follows: 

Sec. 1. Short title; Table of contents. 

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

Sec. 3. Border and maritime security efficiencies. 

Sec. 4. Public-private partnerships. 

Sec. 5. Establishment of the Office of Biometric Identity Management. 

Sec. 6. Cost-benefit analysis of co-locating operational entities. 

Sec. 7. Strategic personnel plan for U.S. Customs and Border Protection personnel deployed abroad. 

Sec. 8. Threat assessment for United States-bound international mail. 

Sec. 9. Evaluation of Coast Guard Deployable Specialized Forces. 

Sec. 10. Customs-Trade Partnership Against Terrorism improvement. 

Sec. 11. Strategic plan to enhance the security of the international supply 

chain. 

Sec. 12. Container Security Initiative. 

Sec. 13. Transportation Worker Identification Credential waiver and appeals 

process. 

Sec. 14. Repeals. 

6 SEC. 2. U.S. CUSTOMS AND BORDER PROTECTION COORDI7 NATION. 

8 (a) IN GENERAL.—Subtitle B of title IV of the 

9 Homeland Security Act of 2002 (6 U.S.C. 211 et seq.) 

10 is amended by adding at the end the following new section: 

11 ‘‘SEC. 420. IMMIGRATION COOPERATION PROGRAM. 

12 ‘‘(a) IN GENERAL.—There is established within U.S. 

13 Customs and Border Protection a program to be known 

14 as the Immigration Cooperation Program. Under the Pro15 gram, U.S. Customs and Border Protection officers, pur16 suant to an arrangement with the government of a foreign 

17 country, may cooperate with authorities of that governVerDate Sep 11 2014 23:51 Apr 14, 2016 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3586.RFS H3586

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1 ment, air carriers, and security employees at airports lo2 cated in that country, to identify persons who may be in3 admissible to the United States or otherwise pose a risk 

4 to border security. 

5 ‘‘(b) ACTIVITIES.—In carrying out the program, U.S. 

6 Customs and Border Protection officers posted in a for7 eign country under subsection (a) may— 

8 ‘‘(1) be stationed at airports in that country, 

9 including for purposes of conducting risk assess10 ments and enhancing border security; 

11 ‘‘(2) assist authorities of that government, air 

12 carriers, and security employees with document ex13 amination and traveler security assessments; 

14 ‘‘(3) provide relevant training to air carriers, 

15 their security staff, and such authorities; 

16 ‘‘(4) exchange information with, and provide 

17 technical assistance, equipment, and training to, 

18 such authorities to facilitate risk assessments of 

19 travelers and appropriate enforcement activities re20 lated to such assessments; 

21 ‘‘(5) make recommendations to air carriers to 

22 deny boarding to potentially inadmissable travelers 

23 bound for the United States; and 

24 ‘‘(6) conduct other activities, as appropriate, to 

25 protect the international borders of the United 


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1 States and facilitate the enforcement of United 

2 States laws, as directed by the Commissioner of U.S. 

3 Customs and Border Protection. 

4 ‘‘SEC. 420A. AIR CARGO ADVANCE SCREENING. 

5 ‘‘The Commissioner of U.S. Customs and Border 

6 Protection shall— 

7 ‘‘(1) consistent with the requirements enacted 

8 by the Trade Act of 2002 (Public Law 107–210)— 

9 ‘‘(A) establish a program for the collection 

10 by U.S. Customs and Border Protection of ad11 vance electronic information from air carriers 

12 and other persons and governments within the 

13 supply chain regarding cargo being transported 

14 to the United States by air; and 

15 ‘‘(B) under such program, require that 

16 such information be transmitted by such per17 sons and governments at the earliest point 

18 practicable prior to loading of such cargo onto 

19 an aircraft destined to or transiting through the 

20 United States; and 

21 ‘‘(2) coordinate with the Administrator for the 

22 Transportation Security Administration to identify 

23 opportunities where the information furnished in 

24 compliance with the program established under this 

25 section can be used to meet the requirements of a 


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1 program administered by the Administrator of the 

2 Transportation Security Administration. 

3 ‘‘SEC. 420B. U.S. CUSTOMS AND BORDER PROTECTION OF4 FICE OF AIR AND MARINE OPERATIONS 

5 ASSET DEPLOYMENT. 

6 ‘‘(a) IN GENERAL.—Any deployment of new assets 

7 by U.S. Customs and Border Protection’s Office of Air 

8 and Marine Operations following the date of the enact9 ment of this section, shall, to the greatest extent prac10 ticable, occur in accordance with a risk-based assessment 

11 that considers mission needs, validated requirements, per12 formance results, threats, costs, and any other relevant 

13 factors identified by the Commissioner of U.S. Customs 

14 and Border Protection. Specific factors to be included in 

15 such assessment shall include, at a minimum, the fol16 lowing: 

17 ‘‘(1) Mission requirements that prioritize the 

18 operational needs of field commanders to secure the 

19 United States border and ports. 

20 ‘‘(2) Other Department assets available to help 

21 address any unmet border and port security mission 

22 requirements, in accordance with paragraph (1). 

23 ‘‘(3) Risk analysis showing positioning of the 

24 asset at issue to respond to intelligence on emerging 

25 terrorist or other threats. 


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1 ‘‘(4) Cost-benefit analysis showing the relative 

2 ability to use the asset at issue in the most cost-ef3 fective way to reduce risk and achieve mission suc4 cess. 

5 ‘‘(b) CONSIDERATIONS.—An assessment required 

6 under subsection (a) shall consider applicable Federal 

7 guidance, standards, and agency strategic and perform8 ance plans, including the following: 

9 ‘‘(1) The most recent departmental Quadrennial 

10 Homeland Security Review under section 707, and 

11 any follow-up guidance related to such Review. 

12 ‘‘(2) The Department’s Annual Performance 

13 Plans. 

14 ‘‘(3) Department policy guiding use of inte15 grated risk management in resource allocation deci16 sions. 

17 ‘‘(4) Department and U.S. Customs and Border 

18 Protection Strategic Plans and Resource Deploy19 ment Plans. 

20 ‘‘(5) Applicable aviation guidance from the De21 partment, including the DHS Aviation Concept of 

22 Operations. 

23 ‘‘(6) Other strategic and acquisition guidance 

24 promulgated by the Federal Government as the Sec25 retary determines appropriate. 


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1 ‘‘(c) AUDIT AND REPORT.—The Inspector General of 

2 the Department shall biennially audit the deployment of 

3 new assets by U.S. Customs and Border Protection’s Of4 fice of Air and Marine Operations and submit to the Com5 mittee on Homeland Security of the House of Representa6 tives and the Committee on Homeland Security and Gov7 ernmental Affairs of the Senate a report on the compli8 ance of the Department with the requirements of this sec9 tion. 

10 ‘‘(d) MARINE INTERDICTION STATIONS.—Not later 

11 than 180 days after the date of the enactment of this sec12 tion, the Commissioner of U.S. Customs and Border Pro13 tection shall submit to the Committee on Homeland Secu14 rity of the House of Representatives and the Committee 

15 on Homeland Security and Governmental Affairs of the 

16 Senate an identification of facilities owned by the Federal 

17 Government in strategic locations along the maritime bor18 der of California that may be suitable for establishing ad19 ditional Office of Air and Marine Operations marine inter20 diction stations. 

21 ‘‘SEC. 420C. INTEGRATED BORDER ENFORCEMENT TEAMS. 

22 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab23 lish within the Department a program to be known as the 

24 Integrated Border Enforcement Team program (referred 

25 to in this section as ‘IBET’). 


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1 ‘‘(b) PURPOSE.—The Secretary shall administer the 

2 IBET program in a manner that results in a cooperative 

3 approach between the United States and Canada to— 

4 ‘‘(1) strengthen security between designated 

5 ports of entry; 

6 ‘‘(2) detect, prevent, investigate, and respond to 

7 terrorism and violations of law related to border se8 curity; 

9 ‘‘(3) facilitate collaboration among components 

10 and offices within the Department and international 

11 partners; 

12 ‘‘(4) execute coordinated activities in further13 ance of border security and homeland security; and 

14 ‘‘(5) enhance information-sharing, including the 

15 dissemination of homeland security information 

16 among such components and offices. 

17 ‘‘(c) COMPOSITION AND LOCATION OF IBETS.— 

18 ‘‘(1) COMPOSITION.—IBETs shall be led by the 

19 United States Border Patrol and may be comprised 

20 of personnel from the following: 

21 ‘‘(A) Other subcomponents of U.S. Cus22 toms and Border Protection. 

23 ‘‘(B) U.S. Immigration and Customs En24 forcement, led by Homeland Security Investiga25 tions. 


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1 ‘‘(C) The Coast Guard, for the purpose of 

2 securing the maritime borders of the United 

3 States. 

4 ‘‘(D) Other Department personnel, as ap5 propriate. 

6 ‘‘(E) Other Federal departments and agen7 cies, as appropriate. 

8 ‘‘(F) Appropriate State law enforcement 

9 agencies. 

10 ‘‘(G) Foreign law enforcement partners. 

11 ‘‘(H) Local law enforcement agencies from 

12 affected border cities and communities. 

13 ‘‘(I) Appropriate tribal law enforcement 

14 agencies. 

15 ‘‘(2) LOCATION.—The Secretary is authorized 

16 to establish IBETs in regions in which such teams 

17 can contribute to IBET missions, as appropriate. 

18 When establishing an IBET, the Secretary shall con19 sider the following: 

20 ‘‘(A) Whether the region in which the 

21 IBET would be established is significantly im22 pacted by cross-border threats. 

23 ‘‘(B) The availability of Federal, State, 

24 local, tribal, and foreign law enforcement re25 sources to participate in an IBET. 


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1 ‘‘(C) Whether, in accordance with para2 graph (3), other joint cross-border initiatives al3 ready take place within the region in which the 

4 IBET would be established, including other De5 partment cross-border programs such as the In6 tegrated Cross-Border Maritime Law Enforce7 ment Operation Program established under sec8 tion 711 of the Coast Guard and Maritime 

9 Transportation Act of 2012 (46 U.S.C. 70101 

10 note) or the Border Enforcement Security Task 

11 Force established under section 432. 

12 ‘‘(3) DUPLICATION OF EFFORTS.—In deter13 mining whether to establish a new IBET or to ex14 pand an existing IBET in a given region, the Sec15 retary shall ensure that the IBET under consider16 ation does not duplicate the efforts of other existing 

17 interagency task forces or centers within such re18 gion, including the Integrated Cross-Border Mari19 time Law Enforcement Operation Program estab20 lished under section 711 of the Coast Guard and 

21 Maritime Transportation Act of 2012 (46 U.S.C. 

22 70101 note) or the Border Enforcement Security 

23 Task Force established under section 432. 

24 ‘‘(d) OPERATION.— 


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1 ‘‘(1) IN GENERAL.—After determining the re2 gions in which to establish IBETs, the Secretary 

3 may— 

4 ‘‘(A) direct the assignment of Federal per5 sonnel to such IBETs; and 

6 ‘‘(B) take other actions to assist Federal, 

7 State, local, and tribal entities to participate in 

8 such IBETs, including providing financial as9 sistance, as appropriate, for operational, admin10 istrative, and technological costs associated with 

11 such participation. 

12 ‘‘(2) LIMITATION.—Coast Guard personnel as13 signed under paragraph (1) may be assigned only 

14 for the purposes of securing the maritime borders of 

15 the United States, in accordance with subsection 

16 (c)(1)(C). 

17 ‘‘(e) COORDINATION.—The Secretary shall coordinate 

18 the IBET program with other similar border security and 

19 antiterrorism programs within the Department in accord20 ance with the strategic objectives of the Cross-Border Law 

21 Enforcement Advisory Committee. 

22 ‘‘(f) MEMORANDA OF UNDERSTANDING.—The Sec23 retary may enter into memoranda of understanding with 

24 appropriate representatives of the entities specified in sub25 section (c)(1) necessary to carry out the IBET program. 


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1 ‘‘(g) REPORT.—Not later than 180 days after the 

2 date on which an IBET is established and biannually 

3 thereafter for the following six years, the Secretary shall 

4 submit to the appropriate congressional committees, in5 cluding the Committee on Homeland Security of the 

6 House of Representatives and the Committee on Home7 land Security and Governmental Affairs of the Senate, 

8 and in the case of Coast Guard personnel used to secure 

9 the maritime borders of the United States, additionally to 

10 the Committee on Transportation and Infrastructure of 

11 the House of Representatives, a report that— 

12 ‘‘(1) describes the effectiveness of IBETs in ful13 filling the purposes specified in subsection (b); 

14 ‘‘(2) assess the impact of certain challenges on 

15 the sustainment of cross-border IBET operations, 

16 including challenges faced by international partners; 

17 ‘‘(3) addresses ways to support joint training 

18 for IBET stakeholder agencies and radio interoper19 ability to allow for secure cross-border radio commu20 nications; and 

21 ‘‘(4) assesses how IBETs, Border Enforcement 

22 Security Task Forces, and the Integrated Cross-Bor23 der Maritime Law Enforcement Operation Program 

24 can better align operations, including interdiction 

25 and investigation activities.’’. 


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1 (b) CLERICAL AMENDMENT.—The table of contents 

2 in section 1(b) of the Homeland Security Act of 2002 is 

3 amended by adding after the item relating to section 419 

4 the following new item: 

‘‘Sec. 420. Immigration cooperation program. 

‘‘Sec. 420A. Air cargo advance screening. 

‘‘Sec. 420B. U.S. Customs and Border Protection Office of Air and Marine Operations asset deployment. 

‘‘Sec. 420C. Integrated Border Enforcement Teams.’’. 

5 (c) DEADLINE FOR AIR CARGO ADVANCE SCREEN6 ING.—The Commissioner of U.S. Customs and Border 

7 Protection shall implement section 420A of the Homeland 

8 Security Act of 2002, as added by this section, by not later 

9 than one year after the date of the enactment of this Act. 

10 SEC. 3. BORDER AND MARITIME SECURITY EFFICIENCIES. 

11 (a) IN GENERAL.—Subtitle C of title IV of the 

12 Homeland Security Act of 2002 (6 U.S.C. 231 et seq.) 

13 is amended by adding at the end the following new sec14 tions: 

15 ‘‘SEC. 434. BORDER SECURITY JOINT TASK FORCES. 

16 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab17 lish and operate the following departmental Joint Task 

18 Forces (in this section referred to as ‘Joint Task Force’) 

19 to conduct joint operations using Department component 

20 and office personnel and capabilities to secure the land 

21 and maritime borders of the United States: 

22 ‘‘(1) JOINT TASK FORCE–EAST.—Joint Task 

23 Force-East shall, at the direction of the Secretary 


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1 and in coordination with Joint Task Force West, 

2 create and execute a strategic plan to secure the 

3 land and maritime borders of the United States and 

4 shall operate and be located in a place or region de5 termined by the Secretary. 

6 ‘‘(2) JOINT TASK FORCE–WEST.—Joint Task 

7 Force-West shall, at the direction of the Secretary 

8 and in coordination with Joint Task Force East, 

9 create and execute a strategic plan to secure the 

10 land and maritime borders of the United States and 

11 shall operate and be located in a place or region de12 termined by the Secretary. 

13 ‘‘(3) JOINT TASK FORCE–INVESTIGATIONS.— 

14 Joint Task Force-Investigations shall, at the direc15 tion of the Secretary, be responsible for coordinating 

16 criminal investigations supporting Joint Task 

17 Force–West and Joint Task Force–East. 

18 ‘‘(b) JOINT TASK FORCE DIRECTORS.—The Sec19 retary shall appoint a Director to head each Joint Task 

20 Force. Each Director shall be senior official selected from 

21 a relevant component or office of the Department, rotating 

22 between relevant components and offices every two years. 

23 The Secretary may extend the appointment of a Director 

24 for up to two additional years, if the Secretary determines 


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1 that such an extension is in the best interest of the De2 partment. 

3 ‘‘(c) INITIAL APPOINTMENTS.—The Secretary shall 

4 make the following appointments to the following Joint 

5 Task Forces: 

6 ‘‘(1) The initial Director of Joint Task Force– 

7 East shall be a senior officer of the Coast Guard. 

8 ‘‘(2) The initial Director of Joint Task Force– 

9 West shall be a senior official of U.S. Customs and 

10 Border Protection. 

11 ‘‘(3) The initial Director of Joint Task Force– 

12 Investigations shall be a senior official of U.S. Immi13 gration and Customs Enforcement. 

14 ‘‘(d) JOINT TASK FORCE DEPUTY DIRECTORS.—The 

15 Secretary shall appoint a Deputy Director for each Joint 

16 Task Force. The Deputy Director of a Joint Task Force 

17 shall, to the greatest extent practicable, be an official of 

18 a different component or office than the Director of each 

19 Joint Task Force. 

20 ‘‘(e) RESPONSIBILITIES.—Each Joint Task Force Di21 rector shall— 

22 ‘‘(1) identify and prioritize border and maritime 

23 security threats to the homeland; 


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1 ‘‘(2) maintain situational awareness within 

2 their areas of responsibility, as determined by the 

3 Secretary; 

4 ‘‘(3) provide operational plans and requirements 

5 for standard operating procedures and contingency 

6 operations; 

7 ‘‘(4) plan and execute joint task force activities 

8 within their areas of responsibility, as determined by 

9 the Secretary; 

10 ‘‘(5) set and accomplish strategic objectives 

11 through integrated operational planning and execu12 tion; 

13 ‘‘(6) exercise operational direction over per14 sonnel and equipment from Department components 

15 and offices allocated to the respective Joint Task 

16 Force to accomplish task force objectives; 

17 ‘‘(7) establish operational and investigative pri18 orities within the Director’s operating areas; 

19 ‘‘(8) coordinate with foreign governments and 

20 other Federal, State, and local agencies, where ap21 propriate, to carry out the mission of the Director’s 

22 Joint Task Force; 

23 ‘‘(9) identify and provide to the Secretary the 

24 joint mission requirements necessary to secure the 

25 land and maritime borders of the United States; and 


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1 ‘‘(10) carry out other duties and powers the 

2 Secretary determines appropriate. 

3 ‘‘(f) PERSONNEL AND RESOURCES OF JOINT TASK

4 FORCES.— 

5 ‘‘(1) IN GENERAL.—The Secretary may, upon 

6 request of the Director of a Joint Task Force, allo7 cate on a temporary basis component and office per8 sonnel and equipment to the requesting Joint Task 

9 Force, with appropriate consideration of risk given 

10 to the other primary missions of the Department. 

11 ‘‘(2) CONSIDERATION OF IMPACT.—When re12 viewing requests for allocation of component per13 sonnel and equipment under paragraph (1), the Sec14 retary shall consider the impact of such allocation on 

15 the ability of the donating component to carry out 

16 the primary missions of the Department, and in the 

17 case of the Coast Guard, the missions specified in 

18 section 888. 

19 ‘‘(3) LIMITATION.—Personnel and equipment of 

20 the Coast Guard allocated under this subsection may 

21 only be used to carry out operations and investiga22 tions related to securing the maritime borders of the 

23 United States. 

24 ‘‘(g) COMPONENT RESOURCE AUTHORITY.—As di25 rected by the Secretary— 


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1 ‘‘(1) each Director of a Joint Task Force shall 

2 be provided sufficient resources from relevant com3 ponents and offices of the Department and the au4 thority necessary to carry out the missions and re5 sponsibilities required under this section; 

6 ‘‘(2) the resources referred to in paragraph (1) 

7 shall be under the operational authority, direction, 

8 and control of the Director of the Joint Task Force 

9 to which such resources were assigned; and 

10 ‘‘(3) the personnel and equipment of the Joint 

11 Task Forces shall remain under the administrative 

12 direction of its primary component or office. 

13 ‘‘(h) JOINT TASK FORCE STAFF.—Each Joint Task 

14 Force shall have a staff to assist the Directors in carrying 

15 out the mission and responsibilities of the Joint Task 

16 Forces. Such staff shall be filled by officials from relevant 

17 components and offices of the Department. 

18 ‘‘(i) ESTABLISHMENT OF PERFORMANCE

19 METRICS.—The Secretary shall— 

20 ‘‘(1) establish performance metrics to evaluate 

21 the effectiveness of the Joint Task Forces in secur22 ing the land and maritime borders of the United 

23 States; 

24 ‘‘(2) submit such metrics to the Committee on 

25 Homeland Security of the House of Representatives 


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1 and the Committee on Homeland Security and Gov2 ernmental Affairs of the Senate, and in the case of 

3 metrics related to securing the maritime borders of 

4 the United States, additionally to the Committee on 

5 Transportation and Infrastructure of the House of 

6 Representatives, by the date that is not later than 

7 120 days after the date of the enactment of this sec8 tion; and 

9 ‘‘(3) submit to such Committees— 

10 ‘‘(A) an initial report that contains the 

11 evaluation described in paragraph (1) by not 

12 later than January 31, 2017; and 

13 ‘‘(B) a second report that contains such 

14 evaluation by not later than January 31, 2018. 

15 ‘‘(j) JOINT DUTY TRAINING PROGRAM.— 

16 ‘‘(1) IN GENERAL.—The Secretary shall estab17 lish a Department joint duty training program for 

18 the purposes of enhancing departmental unity of ef19 forts and promoting workforce professional develop20 ment. Such training shall be tailored to improve 

21 joint operations as part of the Joint Task Forces es22 tablished under subsection (a). 

23 ‘‘(2) ELEMENTS.—The joint duty training pro24 gram established under paragraph (1) shall address, 

25 at minimum, the following topics: 


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1 ‘‘(A) National strategy. 

2 ‘‘(B) Strategic and contingency planning. 

3 ‘‘(C) Command and control of operations 

4 under joint command. 

5 ‘‘(D) International engagement. 

6 ‘‘(E) The Homeland Security Enterprise. 

7 ‘‘(F) Border security. 

8 ‘‘(G) Interagency collaboration. 

9 ‘‘(H) Leadership. 

10 ‘‘(3) OFFICERS AND OFFICIALS.—The joint 

11 duty training program established under paragraph 

12 (1) shall consist of— 

13 ‘‘(A) one course intended for mid-level offi14 cers and officials of the Department assigned to 

15 or working with the Joint Task Forces, and 

16 ‘‘(B) one course intended for senior offi17 cers and officials of the Department assigned to 

18 or working with the Joint Task Forces, 

19 to ensure a systematic, progressive, and career-long 

20 development of such officers and officials in coordi21 nating and executing Department-wide joint plan22 ning and operations. 

23 ‘‘(4) TRAINING REQUIRED.— 

24 ‘‘(A) DIRECTORS AND DEPUTY DIREC25 TORS.—Except as provided in subparagraph 


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1 (C), each Joint Task Force Director and Dep2 uty Director of a Joint Task Force shall com3 plete relevant parts of the joint duty training 

4 program under this subsection prior to assign5 ment to a Joint Task Force. 

6 ‘‘(B) JOINT TASK FORCE STAFF.—All sen7 ior and mid-level officers and officials serving 

8 on the staff of a Joint Task Force shall com9 plete relevant parts of the joint duty training 

10 program under this subsection within the first 

11 year of assignment to a Joint Task Force. 

12 ‘‘(C) EXCEPTION.—Subparagraph (A) does 

13 not apply in the case of the initial Directors 

14 and Deputy Directors of a Joint Task Force. 

15 ‘‘(k) ESTABLISHING ADDITIONAL JOINT TASK

16 FORCES.—The Secretary may establish additional Joint 

17 Task Forces for the purposes of— 

18 ‘‘(1) coordinating operations along the northern 

19 border of the United States; 

20 ‘‘(2) homeland security crises, subject to sub21 section (l); 

22 ‘‘(3) establishing other regionally-based oper23 ations; or 

24 ‘‘(4) cybersecurity. 


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1 ‘‘(l) LIMITATION ON ADDITIONAL JOINT TASK

2 FORCES.— 

3 ‘‘(1) IN GENERAL.—The Secretary may not es4 tablish a Joint Task Force for any major disaster or 

5 emergency declared under the Robert T. Stafford 

6 Disaster Relief and Emergency Assistance Act (42 

7 U.S.C. 5121 et seq.) or an incident for which the 

8 Federal Emergency Management Agency has pri9 mary responsibility for management of the response 

10 under title V of this Act, including section 

11 504(a)(3)(A), unless the responsibilities of the Joint 

12 Task Force— 

13 ‘‘(A) do not include operational functions 

14 related to incident management, including co15 ordination of operations; and 

16 ‘‘(B) are consistent with the requirements 

17 of sections 509(c), 503(c)(3), and 503(c)(4)(A) 

18 of this Act and section 302 of the Robert T. 

19 Stafford Disaster Relief and Emergency Assist20 ance Act (42 U.S.C. 5143). 

21 ‘‘(2) RESPONSIBILITIES AND FUNCTIONS NOT

22 REDUCED.—Nothing in this section reduces the re23 sponsibilities or functions of the Federal Emergency 

24 Management Agency or the Administrator of the 

25 Federal Emergency Management Agency under title 


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1 V of this Act, provisions of law enacted by the Post2 Katrina Emergency Management Reform Act of 

3 2006 (Public Law 109–295), and other laws, includ4 ing the diversion of any asset, function, or mission 

5 from the Federal Emergency Management Agency 

6 or the Administrator of the Federal Emergency 

7 Management Agency pursuant to section 506. 

8 ‘‘(m) NOTIFICATION.— 

9 ‘‘(1) IN GENERAL.—The Secretary shall submit 

10 a notification to the Committee on Homeland Secu11 rity of the House of Representatives and the Com12 mittee on Homeland Security and Governmental Af13 fairs of the Senate, and in the case of a Joint Task 

14 Force in which the Coast Guard will participate or 

15 a Joint Task Force established under paragraph (2) 

16 or (3) of subsection (k) to the Committee on Trans17 portation and Infrastructure of the House of Rep18 resentatives, 90 days prior to the establishment of 

19 the Joint Task Force. 

20 ‘‘(2) WAIVER AUTHORITY.—The Secretary may 

21 waive the requirement of paragraph (1) in the event 

22 of an emergency circumstance that imminently 

23 threatens the protection of human life or the protec24 tion of property. 

25 ‘‘(n) REVIEW.— 


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1 ‘‘(1) IN GENERAL.—The Inspector General of 

2 the Department shall conduct a review of the Joint 

3 Task Forces established under this section. 

4 ‘‘(2) CONTENTS.—The review required under 

5 paragraph (1) shall include an assessment of the ef6 fectiveness of the Joint Task Force structure in se7 curing the land and maritime borders of the United 

8 States, together with recommendations for enhance9 ments to such structure to further strengthen border 

10 security. 

11 ‘‘(3) SUBMISSION.—The Inspector General of 

12 the Department shall submit to the Committee on 

13 Homeland Security and the Committee on Transpor14 tation and Infrastructure of the House of Represent15 atives and the Committee on Homeland Security and 

16 Governmental Affairs of the Senate a report that 

17 contains the review required under paragraph (1) by 

18 not later than January 31, 2018. 

19 ‘‘(o) DEFINITION.—In this section, the term ‘situa20 tional awareness’ means a knowledge and unified under21 standing of unlawful cross-border activity, including 

22 threats and trends concerning illicit trafficking and unlaw23 ful crossings, and the ability to forecast future shifts in 

24 such threats and trends, the ability to evaluate such 

25 threats and trends at a level sufficient to create actionable 


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1 plans, and the operational capability to conduct contin2 uous and integrated surveillance of the land and maritime 

3 borders of the United States. 

4 ‘‘(p) SUNSET.—This section expires on September 

5 30, 2018. 

6 ‘‘SEC. 435. UPDATES OF MARITIME OPERATIONS COORDI7 NATION PLAN. 

8 ‘‘(a) IN GENERAL.—Not later than 180 days after 

9 the enactment of this section, the Secretary shall submit 

10 to the Committee on Homeland Security and the Com11 mittee on Transportation and Infrastructure of the House 

12 of Representatives and the Committee on Homeland Secu13 rity and Governmental Affairs of the Senate a maritime 

14 operations coordination plan for the coordination and co15 operation of maritime operations undertaken by compo16 nents and offices of the Department with responsibility for 

17 maritime security missions. Such plan shall update the 

18 maritime operations coordination plan released by the De19 partment in July 2011, and shall address the following: 

20 ‘‘(1) Coordination of planning, integration of 

21 maritime operations, and development of joint mari22 time domain awareness efforts of any component or 

23 office of the Department with responsibility for mar24 itime homeland security missions. 


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1 ‘‘(2) Maintaining effective information sharing 

2 and, as appropriate, intelligence integration, with 

3 Federal, State, and local officials and the private 

4 sector, regarding threats to maritime security. 

5 ‘‘(3) Leveraging existing departmental coordi6 nation mechanisms, including the interagency oper7 ational centers as authorized under section 70107A 

8 of title 46, United States Code, Coast Guard’s Re9 gional Coordinating Mechanisms, the U.S. Customs 

10 and Border Protection Air and Marine Operations 

11 Center, the U.S. Customs and Border Protection 

12 Operational Integration Center, and other regional 

13 maritime operational command centers. 

14 ‘‘(4) Cooperation and coordination with other 

15 departments and agencies of the Federal Govern16 ment, and State and local agencies, in the maritime 

17 environment, in support of maritime homeland secu18 rity missions. 

19 ‘‘(5) Work conducted within the context of 

20 other national and Department maritime security 

21 strategic guidance. 

22 ‘‘(b) ADDITIONAL UPDATES.—Not later than July 1, 

23 2020, the Secretary, acting through the Department’s Of24 fice of Operations Coordination and Planning, shall sub25 mit to the Committee on Homeland Security and the ComVerDate Sep 11 2014 23:51 Apr 14, 2016 Jkt 059200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H3586.RFS H3586

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1 mittee on Transportation and Infrastructure of the House 

2 of Representatives and the Committee on Homeland Secu3 rity and Governmental Affairs of the Senate an update 

4 to the maritime operations coordination plan required 

5 under subsection (a).’’. 

6 (b) CLERICAL AMENDMENT.—The table of contents 

7 in section 1(b) of the Homeland Security Act of 2002 is 

8 amended by adding after the item relating to section 433 

9 the following new items: 

‘‘Sec. 434. Border Security Joint Task Forces. 

‘‘Sec. 435. Updates of maritime operations coordination plan.’’. 

10 SEC. 4. PUBLIC-PRIVATE PARTNERSHIPS. 

11 (a) IN GENERAL.—Title IV of the Homeland Secu12 rity Act of 2002 (6 U.S.C. 201 et seq.) is amended by 

13 adding at the end the following new subtitle: 

14 ‘‘Subtitle G—U.S. Customs and Bor15 der Protection Public Private 

16 Partnerships 

17 ‘‘SEC. 481. FEE AGREEMENTS FOR CERTAIN SERVICES AT 

18 PORTS OF ENTRY. 

19 ‘‘(a) IN GENERAL.—Notwithstanding section 

20 13031(e) of the Consolidated Omnibus Budget Reconcili21 ation Act of 1985 (19 U.S.C. 58c(e)) and section 451 of 

22 the Tariff Act of 1930 (19 U.S.C. 1451), the Commis23 sioner of U.S. Customs and Border Protection may, upon 


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1 the request of any entity, enter into a fee agreement with 

2 such entity under which— 

3 ‘‘(1) U.S. Customs and Border Protection shall 

4 provide services described in subsection (c) at a 

5 United States port of entry or any other facility at 

6 which U.S. Customs and Border Protection provides 

7 or will provide such services; 

8 ‘‘(2) such entity shall remit to U.S. Customs 

9 and Border Protection a fee imposed under sub10 section (e) in an amount equal to the full costs that 

11 are incurred or will be incurred in providing such 

12 services; and 

13 ‘‘(3) if space is provided by such entity, each 

14 facility at which U.S. Customs and Border Protec15 tion services are performed shall be maintained and 

16 equipped by such entity, without cost to the Federal 

17 Government, in accordance with U.S. Customs and 

18 Border Protection specifications. 

19 ‘‘(b) SERVICES DESCRIBED.—The services described 

20 in this section are any activities of any employee or con21 tractor of U.S. Customs and Border Protection pertaining 

22 to, or in support of, customs, agricultural processing, bor23 der security, or immigration inspection-related matters at 

24 a port of entry or any other facility at which U.S. Customs 

25 and Border Protection provides or will provide services. 


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1 ‘‘(c) LIMITATIONS.— 

2 ‘‘(1) IMPACTS OF SERVICES.—The Commis3 sioner of U.S. Customs and Border Protection— 

4 ‘‘(A) may enter into fee agreements under 

5 this section only for services that will increase 

6 or enhance the operational capacity of U.S. 

7 Customs and Border Protection based on avail8 able staffing and workload and that will not 

9 shift the cost of services funded in any appro10 priations Act, or provided from any account in 

11 the Treasury of the United States derived by 

12 the collection of fees, to entities under this Act; 

13 and 

14 ‘‘(B) may not enter into a fee agreement 

15 under this section if such agreement would un16 duly and permanently impact services funded in 

17 any appropriations Act, or provided from any 

18 account in the Treasury of the United States, 

19 derived by the collection of fees. 

20 ‘‘(2) NUMBER.—There shall be no limit to the 

21 number of fee agreements that the Commissioner of 

22 U.S. Customs and Border Protection may enter into 

23 under this section. 

24 ‘‘(d) FEE.— 


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1 ‘‘(1) IN GENERAL.—The amount of the fee to 

2 be charged pursuant to an agreement authorized 

3 under subsection (a) shall be paid by each entity re4 questing U.S. Customs and Border Protection serv5 ices, and shall be for the full cost of providing such 

6 services, including the salaries and expenses of em7 ployees and contractors of U.S. Customs and Border 

8 Protection, to provide such services and other costs 

9 incurred by U.S. Customs and Border Protection re10 lating to such services, such as temporary placement 

11 or permanent relocation of such employees and con12 tractors. 

13 ‘‘(2) TIMING.—The Commissioner of U.S. Cus14 toms and Border Protection may require that the fee 

15 referred to in paragraph (1) be paid by each entity 

16 that has entered into a fee agreement under sub17 section (a) with U.S. Customs and Border Protec18 tion in advance of the performance of U.S. Customs 

19 and Border Protection services. 

20 ‘‘(3) OVERSIGHT OF FEES.—The Commissioner 

21 of U.S. Customs and Border Protection shall develop 

22 a process to oversee the services for which fees are 

23 charged pursuant to an agreement under subsection 

24 (a), including the following: 


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1 ‘‘(A) A determination and report on the 

2 full costs of providing such services, as well as 

3 a process for increasing such fees, as necessary. 

4 ‘‘(B) Establishment of a periodic remit5 tance schedule to replenish appropriations, ac6 counts, or funds, as necessary. 

7 ‘‘(C) Identification of costs paid by such 

8 fees. 

9 ‘‘(e) DEPOSIT OF FUNDS.— 

10 ‘‘(1) ACCOUNT.—Funds collected pursuant to 

11 any agreement entered into under subsection (a) 

12 shall be deposited as offsetting collections, shall re13 main available until expended without fiscal year 

14 limitation, and shall be credited to the applicable ap15 propriation, account, or fund for the amount paid 

16 out of such appropriation, account, or fund for any 

17 expenses incurred or to be incurred by U.S. Customs 

18 and Border Protection in providing U.S. Customs 

19 and Border Protection services under any such 

20 agreement and any other costs incurred or to be in21 curred by U.S. Customs and Border Protection re22 lating to such services. 

23 ‘‘(2) RETURN OF UNUSED FUNDS.—The Com24 missioner of U.S. Customs and Border Protection 

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1 ited into the account described in paragraph (1) in 

2 the event that a fee agreement entered into under 

3 subsection (a) is terminated for any reason, or in the 

4 event that the terms of such fee agreement change 

5 by mutual agreement to cause a reduction of U.S. 

6 Customs and Border Protections services. No inter7 est shall be owed upon the return of any such un8 used funds. 

9 ‘‘(f) TERMINATION.— 

10 ‘‘(1) IN GENERAL.—The Commissioner of U.S. 

11 Customs and Border Protection shall terminate the 

12 provision of services pursuant to a fee agreement en13 tered into under subsection (a) with an entity that, 

14 after receiving notice from the Commissioner that a 

15 fee under subsection (d) is due, fails to pay such fee 

16 in a timely manner. In the event of such termi17 nation, all costs incurred by U.S. Customs and Bor18 der Protection which have not been paid shall be19 come immediately due and payable. Interest on un20 paid fees shall accrue based on the rate and amount 

21 established under sections 6621 and 6622 of the In22 ternal Revenue Code of 1986. 

23 ‘‘(2) PENALTY.—Any entity that, after notice 

24 and demand for payment of any fee under sub25 section (d), fails to pay such fee in a timely manner 


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1 shall be liable for a penalty or liquidated damage 

2 equal to two times the amount of such fee. Any such 

3 amount collected pursuant to this paragraph shall be 

4 deposited into the appropriate account specified 

5 under subsection (e) and shall be available as de6 scribed in such subsection. 

7 ‘‘(g) ANNUAL REPORT.—The Commissioner of U.S. 

8 Customs and Border Protection shall submit to the Com9 mittee on Homeland Security, the Committee on Appro10 priations, and the Committee on Ways and Means of the 

11 House of Representatives and the Committee on Home12 land Security and Governmental Affairs, the Committee 

13 on Appropriations, and the Committee on Finance of the 

14 Senate an annual report identifying the activities under15 taken and the agreements entered into pursuant to this 

16 section. 

17 ‘‘(h) RULE OF CONSTRUCTION.—Nothing in this sec18 tion may be construed as imposing in any manner on U.S. 

19 Customs and Border Protection any responsibilities, du20 ties, or authorities relating to real property. 

21 ‘‘SEC. 482. PORT OF ENTRY DONATION AUTHORITY. 

22 ‘‘(a) PERSONAL PROPERTY DONATION AUTHOR23 ITY.— 

24 ‘‘(1) IN GENERAL.—The Commissioner of U.S. 

25 Customs and Border Protection, in consultation with 


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1 the Administrator of General Services, may enter 

2 into an agreement with any entity to accept a dona3 tion of personal property, money, or nonpersonal 

4 services for uses described in paragraph (3) only 

5 with respect to the following locations at which U.S. 

6 Customs and Border Protection performs or will be 

7 performing inspection services: 

8 ‘‘(A) A new or existing sea or air port of 

9 entry. 

10 ‘‘(B) An existing Federal Government11 owned land port of entry. 

12 ‘‘(C) A new Federal Government-owned 

13 land port of entry if— 

14 ‘‘(i) the fair market value of the dona15 tion is $50,000,000 or less; and 

16 ‘‘(ii) the fair market value, including 

17 any personal and real property donations 

18 in total, of such port of entry when com19 pleted, is $50,000,000 or less. 

20 ‘‘(2) LIMITATION ON MONETARY DONATIONS.— 

21 Any monetary donation accepted pursuant to this 

22 subsection may not be used to pay the salaries of 

23 U.S. Customs and Border Protection employees per24 forming inspection services. 


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1 ‘‘(3) USE.—Donations accepted pursuant to 

2 this subsection may be used for activities related to 

3 a new or existing sea or air port of entry or a new 

4 or existing Federal Government-owned land port of 

5 entry described in paragraph (1), including expenses 

6 related to— 

7 ‘‘(A) furniture, fixtures, equipment, or 

8 technology, including installation or the deploy9 ment thereof; and 

10 ‘‘(B) operation and maintenance of such 

11 furniture, fixtures, equipment, or technology. 

12 ‘‘(b) REAL PROPERTY DONATION AUTHORITY.— 

13 ‘‘(1) IN GENERAL.—Subject to paragraph (3), 

14 the Commissioner of U.S. Customs and Border Pro15 tection, and the Administrator of the General Serv16 ices Administration, as applicable, may enter into an 

17 agreement with any entity to accept a donation of 

18 real property or money for uses described in para19 graph (2) only with respect to the following locations 

20 at which U.S. Customs and Border Protection per21 forms or will be performing inspection services: 

22 ‘‘(A) A new or existing sea or air port of 

23 entry. 

24 ‘‘(B) An existing Federal Government25 owned land port of entry. 


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1 ‘‘(C) A new Federal Government-owned 

2 land port of entry if— 

3 ‘‘(i) the fair market value of the dona4 tion is $50,000,000 or less; and 

5 ‘‘(ii) the fair market value, including 

6 any personal and real property donations 

7 in total, of such port of entry when com8 pleted, is $50,000,000 or less. 

9 ‘‘(2) USE.—Donations accepted pursuant to 

10 this subsection may be used for activities related to 

11 construction, alteration, operation, or maintenance 

12 of a new or existing sea or air port of entry or a new 

13 or existing a Federal Government-owned land port 

14 of entry described in paragraph (1), including ex15 penses related to— 

16 ‘‘(A) land acquisition, design, construction, 

17 repair, or alteration; and 

18 ‘‘(B) operation and maintenance of such 

19 port of entry facility. 

20 ‘‘(3) LIMITATION ON REAL PROPERTY DONA21 TIONS.—A donation of real property under this sub22 section at an existing land port of entry owned by 

23 the General Services Administration may only be ac24 cepted by the Administrator of General Services. 

25 ‘‘(4) SUNSET.— 


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1 ‘‘(A) IN GENERAL.—The authority to enter 

2 into an agreement under this subsection shall 

3 terminate on the date that is five years after 

4 the date of the enactment of this subsection. 

5 ‘‘(B) RULE OF CONSTRUCTION.—The ter6 mination date referred to in subparagraph (A) 

7 shall not apply to carrying out the terms of an 

8 agreement under this subsection if such agree9 ment is entered into before such termination 

10 date. 

11 ‘‘(c) GENERAL PROVISIONS.— 

12 ‘‘(1) DURATION.—An agreement entered into 

13 under subsection (a) or (b) (and, in the case of such 

14 subsection (b), in accordance with paragraph (4) of 

15 such subsection) may last as long as required to 

16 meet the terms of such agreement. 

17 ‘‘(2) CRITERIA.—In carrying out agreements 

18 entered into under subsection (a) or (b), the Com19 missioner of U.S. Customs and Border Protection, 

20 in consultation with the Administrator of General 

21 Services, shall establish criteria that includes the fol22 lowing: 

23 ‘‘(A) Selection and evaluation of donors. 

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1 tion, the General Services Administration, as 

2 applicable, and donors. 

3 ‘‘(C) Identification, allocation, and man4 agement of explicit and implicit risks of 

5 partnering between the Federal Government 

6 and donors. 

7 ‘‘(C) Decision-making and dispute resolu8 tion processes. 

9 ‘‘(D) Processes for U.S. Customs and Bor10 der Protection, and the General Services Ad11 ministration, as applicable, to terminate agree12 ments if selected donors are not meeting the 

13 terms of any such agreement, including the se14 curity standards established by U.S. Customs 

15 and Border Protection. 

16 ‘‘(3) EVALUATION PROCEDURES.— 

17 ‘‘(A) IN GENERAL.—The Commissioner of 

18 U.S. Customs and Border Protection, in con19 sultation with the Administrator of General 

20 Services, as applicable, shall— 

21 ‘‘(i) establish criteria for evaluating a 

22 proposal to enter into an agreement under 

23 subsection (a) or (b); and 

24 ‘‘(ii) make such criteria publicly avail25 able. 


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1 ‘‘(B) CONSIDERATIONS.—Criteria estab2 lished pursuant to subparagraph (A) shall con3 sider the following: 

4 ‘‘(i) The impact of a proposal referred 

5 to in such subparagraph on the land, sea, 

6 or air port of entry at issue and other 

7 ports of entry or similar facilities or other 

8 infrastructure near the location of the pro9 posed donation. 

10 ‘‘(ii) Such proposal’s potential to in11 crease trade and travel efficiency through 

12 added capacity. 

13 ‘‘(iii) Such proposal’s potential to en14 hance the security of the port of entry at 

15 issue. 

16 ‘‘(iv) For a donation under subsection 

17 (b)— 

18 ‘‘(I) whether such donation satis19 fies the requirements of such pro20 posal, or whether additional real prop21 erty would be required; and 

22 ‘‘(II) an explanation of how such 

23 donation was acquired, including if 

24 eminent domain was used. 


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1 ‘‘(v) The funding available to complete 

2 the intended use of such donation. 

3 ‘‘(iv) The costs of maintaining and 

4 operating such donation. 

5 ‘‘(v) The impact of such proposal on 

6 U.S. Customs and Border Protection staff7 ing requirements. 

8 ‘‘(vi) Other factors that the Commis9 sioner or Administrator determines to be 

10 relevant. 

11 ‘‘(C) DETERMINATION AND NOTIFICA12 TION.—Not later than 180 days after receiving 

13 a proposal to enter into an agreement under 

14 subsection (a) or (b), the Commissioner of U.S. 

15 Customs and Border Protection, with the con16 currence of the Administrator of General Serv17 ices, as applicable, shall make a determination 

18 to deny or approve such proposal, and shall no19 tify the entity that submitted such proposal of 

20 such determination. 

21 ‘‘(4) SUPPLEMENTAL FUNDING.—Except as re22 quired under section 3307 of title 40, United States 

23 Code, for real property donations to the Adminis24 trator of General Services at a GSA-owned land port 

25 of entry, donations made pursuant to subsection (a) 


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1 and (b) may be used in addition to any other fund2 ing for such purpose, including appropriated funds, 

3 property, or services. 

4 ‘‘(5) RETURN OF DONATIONS.—The Commis5 sioner of U.S. Customs and Border Protection, or 

6 the Administrator of General Services, as applicable, 

7 may return any donation made pursuant to sub8 section (a) or (b). No interest shall be owed to the 

9 donor with respect to any donation provided under 

10 such subsections that is returned pursuant to this 

11 subsection. 

12 ‘‘(6) PROHIBITION ON CERTAIN FUNDING.—Ex13 cept as provided in subsections (a) and (b) regarding 

14 the acceptance of donations, the Commissioner of 

15 U.S. Customs and Border Protection and the Ad16 ministrator of General Services, as applicable, may 

17 not, with respect to an agreement entered into under 

18 either of such subsections, obligate or expend 

19 amounts in excess of amounts that have been appro20 priated pursuant to any appropriations Act for pur21 poses specified in either of such subsections or oth22 erwise made available for any of such purposes. 

23 ‘‘(7) ANNUAL REPORTS.—The Commissioner of 

24 U.S. Customs and Border Protection, in collabora25 tion with the Administrator of General Services, as 


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1 applicable, shall submit to the Committee on Home2 land Security, the Committee on Transportation and 

3 Infrastructure, and the Committee on Appropria4 tions of the House of Representatives and the Com5 mittee on Homeland Security and Governmental Af6 fairs, the Committee on Environment and Public 

7 Works, and the Committee on Appropriations of the 

8 Senate an annual report identifying the activities 

9 undertaken and agreements entered into pursuant to 

10 subsections (a) and (b). 

11 ‘‘(d) RULE OF CONSTRUCTION.—Except as otherwise 

12 provided in this section, nothing in this section may be 

13 construed as affecting in any manner the responsibilities, 

14 duties, or authorities of U.S. Customs and Border Protec15 tion or the General Services Administration. 

16 ‘‘SEC. 483. CURRENT AND PROPOSED AGREEMENTS. 

17 ‘‘Nothing in this subtitle may be construed as affect18 ing in any manner— 

19 ‘‘(1) any agreement entered into pursuant to 

20 section 560 of division D of the Consolidated and 

21 Further Continuing Appropriations Act, 2013 (Pub22 lic Law 113–6) or section 559 of title V of division 

23 F of the Consolidated Appropriations Act, 2014 (6 

24 U.S.C. 211 note; Public Law 113–76), as in exist25 ence on the day before the date of the enactment of 


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1 this subtitle, and any such agreement shall continue 

2 to have full force and effect on and after such date; 

3 or 

4 ‘‘(2) a proposal accepted for consideration by 

5 U.S. Customs and Border Protection pursuant to 

6 such section 559, as in existence on the day before 

7 such date of enactment. 

8 ‘‘SEC. 484. DEFINITIONS. 

9 ‘‘In this subtitle: 

10 ‘‘(1) DONOR.—The term ‘donor’ means any en11 tity that is proposing to make a donation under this 

12 Act. 

13 ‘‘(2) ENTITY.—The term ‘entity’ means any— 

14 ‘‘(A) person; 

15 ‘‘(B) partnership, corporation, trust, es16 tate, cooperative, association, or any other orga17 nized group of persons; 

18 ‘‘(C) Federal, State or local government 

19 (including any subdivision, agency or instru20 mentality thereof); or 

21 ‘‘(D) any other private or governmental en22 tity.’’. 

23 (b) CLERICAL AMENDMENT.—The table of contents 

24 in section 1(b) of the Homeland Security Act of 2002 is 


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1 amended by adding at the end of the list of items relating 

2 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.’’. 

3 (c) REPEALS.—Section 560 of division D of the Con4 solidated and Further Continuing Appropriations Act, 

5 2013 (Public Law 113–6) and section 559 of title V of 

6 division F of the Consolidated Appropriations Act, 2014 

7 (6 U.S.C. 211 note; Public Law 113–76) are repealed. 

8 SEC. 5. ESTABLISHMENT OF THE OFFICE OF BIOMETRIC 

9 IDENTITY MANAGEMENT. 

10 (a) IN GENERAL.—Title VII of the Homeland Secu11 rity Act of 2002 (6 U.S.C. 341, et. seq.) is amended by 

12 adding at the end the following new section: 

13 ‘‘SEC. 708. OFFICE OF BIOMETRIC IDENTITY MANAGEMENT. 

14 ‘‘(a) ESTABLISHMENT.—The Office of Biometric 

15 Identity Management is established within the Depart16 ment. 

17 ‘‘(b) DIRECTOR.— 

18 ‘‘(1) IN GENERAL.—The Office of Biometric 

19 Identity Management shall be administered by the 

20 Director of the Office of Biometric Identity Manage21 ment (in this section referred to as the ‘Director’) 


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1 who shall report to the Secretary, or to another offi2 cial of the Department, as the Secretary may direct. 

3 ‘‘(2) QUALIFICATIONS AND DUTIES.—The Di4 rector shall— 

5 ‘‘(A) have significant professional manage6 ment experience, as well as experience in the 

7 field of biometrics and identity management; 

8 ‘‘(B) lead the Department’s biometric iden9 tity services to support anti-terrorism, counter10 terrorism, border security, credentialing, na11 tional security, and public safety and enable 

12 operational missions across the Department by 

13 matching, storing, sharing, and analyzing bio14 metric data; 

15 ‘‘(C) deliver biometric identity information 

16 and analysis capabilities to— 

17 ‘‘(i) the Department and its compo18 nents; 

19 ‘‘(ii) appropriate Federal, State, local, 

20 and tribal agencies; 

21 ‘‘(iii) appropriate foreign govern22 ments; and 

23 ‘‘(iv) appropriate private sector enti24 ties; 


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1 ‘‘(D) support the law enforcement, public 

2 safety, national security, and homeland security 

3 missions of other Federal, State, local and trib4 al agencies, as appropriate; 

5 ‘‘(E) establish and manage the operation 

6 and maintenance of the Department’s sole bio7 metric repository; 

8 ‘‘(F) establish, manage, and operate Bio9 metric Support Centers to provide biometric 

10 identification and verification analysis and serv11 ices to the Department, appropriate Federal, 

12 State, local, and tribal agencies, appropriate 

13 foreign governments, and appropriate private 

14 sector entities; 

15 ‘‘(G) in collaboration with the Undersecre16 tary for Science and Technology, establish a 

17 Department-wide research and development 

18 program to support efforts in assessment, devel19 opment, and exploration of biometric advance20 ments and emerging technologies; 

21 ‘‘(H) oversee Department-wide standards 

22 for biometric conformity, and work to make 

23 such standards Government-wide; 

24 ‘‘(I) in coordination with the Department’s 

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1 evant component offices and headquarters of2 fices, enter into data sharing agreements with 

3 appropriate Federal agencies to support immi4 gration, law enforcement, national security, and 

5 public safety missions; 

6 ‘‘(J) maximize interoperability with other 

7 Federal, State, local, and international biomet8 ric systems, as appropriate; and 

9 ‘‘(K) carry out the duties and powers pre10 scribed by law or delegated by the Secretary. 

11 ‘‘(c) DEPUTY DIRECTOR.—There shall be in the Of12 fice of Biometric Identity Management a Deputy Director, 

13 who shall assist the Director in the management of the 

14 Office. 

15 ‘‘(d) CHIEF TECHNOLOGY OFFICER.— 

16 ‘‘(1) IN GENERAL.—There shall be in the Office 

17 of Biometric Identity Management a Chief Tech18 nology Officer. 

19 ‘‘(2) DUTIES.—The Chief Technology Officer 

20 shall— 

21 ‘‘(A) ensure compliance with policies, proc22 esses, standards, guidelines, and procedures re23 lated to information technology systems man24 agement, enterprise architecture, and data 

25 management; 


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1 ‘‘(B) provide engineering and enterprise 

2 architecture guidance and direction to the Of3 fice of Biometric Identity Management; and 

4 ‘‘(C) leverage emerging biometric tech5 nologies to recommend improvements to major 

6 enterprise applications, identify tools to opti7 mize information technology systems perform8 ance, and develop and promote joint technology 

9 solutions to improve services to enhance mission 

10 effectiveness. 

11 ‘‘(e) OTHER AUTHORITIES.— 

12 ‘‘(1) IN GENERAL.—The Director may establish 

13 such other offices within the Office of Biometric 

14 Identity Management as the Director determines 

15 necessary to carry out the missions, duties, func16 tions, and authorities of the Office. 

17 ‘‘(2) NOTIFICATION.—If the Director exercises 

18 the authority provided by paragraph (1), the Direc19 tor shall notify the Committee on Homeland Secu20 rity of the House of Representatives and the Com21 mittee on Homeland Security and Governmental Af22 fairs of the Senate not later than 30 days before ex23 ercising such authority.’’. 

24 (b) TRANSFER LIMITATION.—The Secretary of 

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1 porting structure of the Office of Biometric Identity Man2 agement (established by section 708 of the Homeland Se3 curity Act of 2002, as added by subsection (a) of this sec4 tion) to any component of the Department of Homeland 

5 Security. 

6 (c) CLERICAL AMENDMENT.—The table of contents 

7 in section 1(b) of the Homeland Security Act of 2002 is 

8 amended by adding after the item relating to section 707 

9 the following new item: 

‘‘Sec. 708. Office of Biometric Identity Management.’’. 

10 SEC. 6. COST-BENEFIT ANALYSIS OF CO-LOCATING OPER11 ATIONAL ENTITIES. 

12 (a) IN GENERAL.—For any location in which U.S. 

13 Customs and Border Protection’s Office of Air and Marine 

14 Operations is based within 45 miles of locations where any 

15 other Department of Homeland Security agency also oper16 ates air and marine assets, the Secretary of Homeland Se17 curity shall conduct a cost-benefit analysis to consider the 

18 potential cost of and savings derived from co-locating avia19 tion and maritime operational assets of the respective 

20 agencies of the Department. In analyzing such potential 

21 cost savings achieved by sharing aviation and maritime fa22 cilities, such analysis shall consider, at a minimum, the 

23 following factors: 

24 (1) Potential enhanced cooperation derived 

25 from Department personnel being co-located. 


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1 (2) Potential costs of, and savings derived 

2 through, shared maintenance and logistics facilities 

3 and activities. 

4 (3) Joint use of base and facility infrastructure, 

5 such as runways, hangars, control towers, operations 

6 centers, piers and docks, boathouses, and fuel de7 pots. 

8 (4) Potential operational costs of co-locating 

9 aviation and maritime assets and personnel. 

10 (5) Short term moving costs required in order 

11 to co-locate facilities. 

12 (6) Acquisition and infrastructure costs for en13 larging current facilities, as needed. 

14 (b) REPORT.—Not later than one year after the date 

15 of the enactment of this Act, the Secretary of Homeland 

16 Security shall submit to the Committee on Homeland Se17 curity and the Committee on Transportation and Infra18 structure of the House of Representatives and the Com19 mittee on Homeland Security and Governmental Affairs 

20 of the Senate a report summarizing the results of the cost21 benefit analysis required under subsection (a) and any 

22 planned actions based upon such results. 


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1 SEC. 7. STRATEGIC PERSONNEL PLAN FOR U.S. CUSTOMS 

2 AND BORDER PROTECTION PERSONNEL DE3 PLOYED ABROAD. 

4 (a) IN GENERAL.—Not later than 270 days of after 

5 the date of the enactment of this Act, the Commissioner 

6 of U.S. Customs and Border Protection shall provide to 

7 the Committee on Homeland Security of the House of 

8 Representatives and the Committee on Homeland Security 

9 and Governmental Affairs of the Senate a three year stra10 tegic plan for deployment of U.S. Customs and Border 

11 Protection (in this section referred to as ‘‘CBP’’) per12 sonnel to locations outside the United States. 

13 (b) CONTENTS.—The plan required under subsection 

14 (a) shall include the following: 

15 (1) A risk-based method for determining expan16 sion of CBP international programs to new loca17 tions, given resource constraints. 

18 (2) A plan to ensure CBP personnel deployed at 

19 locations outside the United States have appropriate 

20 oversight and support to ensure performance in sup21 port of program goals. 

22 (3) Information on planned future deployments 

23 of CBP personnel for a three year period, together 

24 with corresponding information on locations for such 

25 deployments outside the United States. 


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1 (c) CONSIDERATIONS.—In preparing the plan re2 quired under subsection (a), the Commissioner of U.S. 

3 Customs and Border Protection shall consider, and in4 clude information on, the following: 

5 (1) Existing CBP programs in operation out6 side of the United States, together with specific in7 formation on locations outside the United States in 

8 which each such program operates. 

9 (2) The number of CBP personnel deployed at 

10 each location outside the United States during the 

11 preceding fiscal year. 

12 SEC. 8. THREAT ASSESSMENT FOR UNITED STATES-BOUND 

13 INTERNATIONAL MAIL. 

14 Not later than 180 days after the date of the enact15 ment of this Act, the Commissioner of U.S. Customs and 

16 Border Protection shall submit to the Committee on 

17 Homeland Security of the House of Representatives and 

18 the Committee on Homeland Security and Governmental 

19 Affairs of the Senate an assessment of the security threats 

20 posed by United States-bound international mail. 

21 SEC. 9. EVALUATION OF COAST GUARD DEPLOYABLE SPE22 CIALIZED FORCES. 

23 (a) IN GENERAL.—Not later than one year after the 

24 date of the enactment of this Act, the Comptroller General 

25 of the United States shall submit to the Committee on 


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1 Homeland Security and the Committee on Transportation 

2 and Infrastructure of the House of Representatives and 

3 the Committee on Homeland Security and Governmental 

4 Affairs and the Committee on Commerce, Science, and 

5 Transportation of the Senate a report that describes and 

6 assesses the state of the Coast Guard’s Deployable Spe7 cialized Forces (in this section referred to as the ‘‘DSF’’). 

8 Such report shall include, at a minimum, the following ele9 ments: 

10 (1) For each of the past three fiscal years, and 

11 for each type of DSF, the following: 

12 (A) A cost analysis, including training, op13 erating, and travel costs. 

14 (B) The number of personnel assigned. 

15 (C) The total number of units. 

16 (D) The total number of operations con17 ducted. 

18 (E) The number of operations requested by 

19 each of the following: 

20 (i) The Coast Guard. 

21 (ii) Other components or offices of the 

22 Department of Homeland Security. 

23 (iii) Other Federal departments or 

24 agencies. 

25 (iv) State agencies. 


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1 (v) Local agencies. 

2 (F) The number of operations fulfilled by 

3 the entities specified in subparagraph (E). 

4 (2) Mission impact, feasibility, and cost, includ5 ing potential cost savings, of locating DSF capabili6 ties, including the following scenarios: 

7 (A) Combining DSFs, primarily focused on 

8 counterdrug operations, under one centralized 

9 command. 

10 (B) Distributing counter-terrorism and 

11 anti-terrorism capabilities to DSFs in each 

12 major United States port. 

13 (b) DEPLOYABLE SPECIALIZED FORCE DEFINED.— 

14 In this section, the term ‘‘Deployable Specialized Force’’ 

15 means a unit of the Coast Guard that serves as a quick 

16 reaction force designed to be deployed to handle counter17 drug, counter-terrorism, and anti-terrorism operations or 

18 other maritime threats to the United States. 

19 SEC. 10. CUSTOMS-TRADE PARTNERSHIP AGAINST TER20 RORISM IMPROVEMENT. 

21 (a) C-TPAT EXPORTERS.—Section 212 of the Secu22 rity and Accountability for Every Port Act of 2006 (6 

23 U.S.C. 962) is amended by inserting ‘‘exporters,’’ after 

24 ‘‘Importers,’’. 


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1 (b) RECOGNITION OF OTHER COUNTRIES’ TRUSTED

2 SHIPPER PROGRAMS.— 

3 (1) IN GENERAL.—Section 218 of the Security 

4 and Accountability for Every Port Act of 2006 (6 

5 U.S.C. 968) is amended to read as follows: 

6 ‘‘SEC. 218. RECOGNITION OF OTHER COUNTRIES’ TRUSTED 

7 SHIPPER PROGRAMS. 

8 ‘‘Not later than 30 days before signing an arrange9 ment between the United States and a foreign government 

10 providing for mutual recognition of supply chain security 

11 practices which might result in the utilization of benefits 

12 described in section 214, 215, or 216, the Secretary 

13 shall— 

14 ‘‘(1) notify the appropriate congressional com15 mittees of the proposed terms of such arrangement; 

16 and 

17 ‘‘(2) determine, in consultation with the Com18 missioner, that such foreign government’s supply 

19 chain security program provides comparable security 

20 as that provided by C-TPAT.’’. 

21 (2) CLERICAL AMENDMENT.—The table of con22 tents in section 1(b) of the Security and Account23 ability for Every Port Act of 2006 is amended by 

24 amending the item relating to section 218 to read as 

25 follows: 

‘‘Sec. 218. Recognition of other countries’ trusted shipper programs.’’. 


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1 SEC. 11. STRATEGIC PLAN TO ENHANCE THE SECURITY OF 

2 THE INTERNATIONAL SUPPLY CHAIN. 

3 Paragraph (2) of section 201(g) of the Security and 

4 Accountability for Every Port Act of 2006 (6 U.S.C. 941) 

5 is amended to read as follows: 

6 ‘‘(2) UPDATES.—Not later than 270 days after 

7 the date of the enactment of this paragraph and 

8 every three years thereafter, the Secretary shall sub9 mit to the appropriate congressional committees a 

10 report that contains an update of the strategic plan 

11 described in paragraph (1).’’. 

12 SEC. 12. CONTAINER SECURITY INITIATIVE. 

13 Subsection (l) of section 205 of the Security and Ac14 countability for Every Port Act of 2006 (6 U.S.C. 945) 

15 is amended— 

16 (1) by striking ‘‘(1) IN GENERAL.—Not later 

17 than September 30, 2007,’’ and inserting ‘‘Not later 

18 than 270 days after the date of the enactment of the 

19 Border and Maritime Security Coordination Im20 provement Act,’’; 

21 (2) by redesignating subparagraphs (A) through 

22 (H) as paragraphs (1) through (8), respectively (and 

23 by moving the margins of such paragraphs 2 ems to 

24 the left); and 

25 (3) by striking paragraph (2). 


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1 SEC. 13. TRANSPORTATION WORKER IDENTIFICATION CRE2 DENTIAL WAIVER AND APPEALS PROCESS. 

3 (a) IN GENERAL.—Section 70105 of title 46, United 

4 States Code, is amended by adding at the end the fol5 lowing new section: 

6 ‘‘(r) SECURING THE TRANSPORTATION WORKER

7 IDENTIFICATION CREDENTIAL AGAINST USE BY UNAU8 THORIZED ALIENS.— 

9 ‘‘(1) IN GENERAL.—The Secretary, acting 

10 through the Administrator of the Transportation Se11 curity Administration, shall seek to strengthen the 

12 integrity of transportation security cards issued 

13 under this section against improper access by an in14 dividual who is not lawfully present in the United 

15 States. 

16 ‘‘(2) COMPONENTS.—In carrying out subsection 

17 (a), the Administrator of the Transportation Secu18 rity Administration shall— 

19 ‘‘(A) publish a list of documents that will 

20 identify non-United States citizen transpor21 tation security card applicants and verify the 

22 immigration statuses of such applicants by re23 quiring each such applicant to produce a docu24 ment or documents that demonstrate— 

25 ‘‘(i) identity; and 


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1 ‘‘(ii) proof of lawful presence in the 

2 United States; and 

3 ‘‘(B) enhance training requirements to en4 sure that trusted agents at transportation secu5 rity card enrollment centers receive training to 

6 identify fraudulent documents. 

7 ‘‘(3) EXPIRATION.—A transportation security 

8 card issued under this section expires on the date of 

9 its expiration or on the date on which the individual 

10 to whom such card is issued is no longer lawfully en11 titled to be present in the United States, whichever 

12 is earlier.’’. 

13 (b) REPORT.—Not later than 90 days after the date 

14 of the enactment of this Act, the Secretary of Homeland 

15 Security shall provide to the Committee on Homeland Se16 curity of the House of Representatives and the Committee 

17 on Commerce, Science, and Transportation of the Senate 

18 information on the following: 

19 (1) The average time for the completion of an 

20 appeal under the appeals process established pursu21 ant to paragraph (4) of subsection (c) of section 

22 70105 of title 46, United States Code. 

23 (2) The most common reasons for any delays at 

24 each step in such process. 


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1 (3) Recommendations on how to resolve any 

2 such delays as expeditiously as possible. 

3 SEC. 14. REPEALS. 

4 The following provisions of the Security and Account5 ability for Every Port Act of 2006 (Public Law 109–347) 

6 are repealed: 

7 (1) Section 105 (and the item relating to such 

8 section in the table of contents of such Act). 

9 (2) Subsection (c) of section 108. 

10 (3) Subsections (c), (d), and (e) of section 121 

11 (6 U.S.C. 921). 

12 (4) Section 122 (6 U.S.C. 922) (and the item 

13 relating to such section in the table of contents of 

14 such Act). 

15 (5) Section 127 (and the item relating to such 

16 section in the table of contents of such Act). 

17 (6) Subsection (c) of section 233 (6 U.S.C. 

18 983). 

19 (7) Section 235 (6 U.S.C. 984) (and the item 

20 relating to such section in the table of contents of 

21 such Act). 

22 (8) Section 701 (and the item relating to such 

23 section in the table of contents of such Act). 


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1 (9) Section 708 (and the item relating to such 

2 section in the table of contents of such Act). 

Passed the House of Representatives April 13, 2016. 

Attest: KAREN L. HAAS, 

Clerk. 


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