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Union Calendar No. 372 

114TH CONGRESS 

2D SESSION H. R. 3586 

[Report No. 114–488, Part I] 

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. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 22, 2015 

Mrs. MILLER of Michigan (for herself and Mr. MCCAUL) introduced the following bill; which was referred to the Committee on Homeland Security, 

and in addition to the Committee on Transportation and Infrastructure, 

for a period to be subsequently determined by the Speaker, in each case 

for consideration of such provisions as fall within the jurisdiction of the 

committee concerned 

APRIL 12, 2016 

Reported from the Committee on Homeland Security with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

APRIL 12, 2016 

The Committee on Transportation and Infrastructure discharged; committed 

to the Committee of the Whole House on the State of the Union and ordered to be printed 

[For text of introduced bill, see copy of bill as introduced on September 22, 2015] 


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A BILL 

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. 


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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

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

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

7 this Act is as follows: 

Sec. 1. Short title; Table of contents. 

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

Sec. 3. Border and maritime security efficiencies. 

Sec. 4. Public private partnerships. 

Sec. 5. Cost-benefit analysis of co-locating operational entities. 

Sec. 6. Strategic personnel plan for U.S. Customs and Border Protection personnel deployed abroad. 

Sec. 7. Threat assessment for United States-bound international mail. 

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

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

Sec. 10. Strategic plan to enhance the security of the international supply chain. 

Sec. 11. Container Security Initiative. 

Sec. 12. Transportation Worker Identification Credential waiver and appeals 

process. 

Sec. 13. Annual report on U.S. Customs and Border Protection staffing. 

Sec. 14. Conforming amendments. 

Sec. 15. Repeals. 

8 SEC. 2. U.S. CUSTOMS AND BORDER PROTECTION COORDI9 NATION. 

10 (a) IN GENERAL.—Subtitle B of title IV of the Home11 land Security Act of 2002 (6 U.S.C. 211 et seq.) is amended 

12 by adding at the end the following new section: 

13 ‘‘SEC. 420. IMMIGRATION ADVISORY PROGRAM. 

14 ‘‘(a) IN GENERAL.—There is authorized within U.S. 

15 Customs and Border Protection a program for Customs and 

16 Border Protection officers, pursuant to an agreement with 

17 a host country, to assist air carriers and security employees 


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1 at foreign airports with review of traveler information dur2 ing the processing of flights bound for the United States. 

3 ‘‘(b) ACTIVITIES.—In carrying out the program, Cus4 toms and Border Protection officers posted in foreign air5 ports under subsection (a) may— 

6 ‘‘(1) be present during processing of flights 

7 bound for the United States; 

8 ‘‘(2) assist air carriers and security employees 

9 with document examination and traveler security as10 sessments; 

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

12 their security staff, and host-country authorities; 

13 ‘‘(4) analyze electronic passenger information 

14 and passenger reservation data to identify potential 

15 threats; 

16 ‘‘(5) engage air carriers and travelers to confirm 

17 potential terrorist watchlist matches; 

18 ‘‘(6) make recommendations to air carriers to 

19 deny potentially inadmissable passengers boarding 

20 flights bound for the United States; and 

21 ‘‘(7) conduct other activities to secure flights 

22 bound for the United States, as directed by the Com23 missioner of U.S. Customs and Border Protection. 


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

2 ‘‘Not later than one year after the date of the enact3 ment of this section, the Commissioner of U.S. Customs and 

4 Border Protection shall— 

5 ‘‘(1) establish a program to ensure that the elec6 tronic interchange system for the collection of advance 

7 electronic information for cargo required by section 

8 343 of the Trade Act of 2002 (19 U.S.C. 2071 note) 

9 has the capacity to collect information pertaining to 

10 cargo being imported to the United States by air at 

11 the earliest point practicable prior to loading of such 

12 cargo onto the aircraft destined to or transiting 

13 through the United States; and 

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

15 Transportation Security Administration to identify 

16 opportunities to harmonize requirements for air car17 riers that are full participants in the system described 

18 in paragraph (1). 

19 ‘‘SEC. 420B. U.S. CUSTOMS AND BORDER PROTECTION OF20 FICE OF AIR AND MARINE OPERATIONS 

21 ASSET DEPLOYMENT. 

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

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

24 Marine Operations following the date of the enactment of 

25 this section, shall, to the greatest extent practicable, occur 

26 in accordance with a risk-based assessment that considers 


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1 mission needs, validated requirements, performance results, 

2 threats, costs, and any other relevant factors identified by 

3 the Commissioner of U.S. Customs and Border Protection. 

4 Specific factors to be included in such assessment shall in5 clude, at a minimum, the following: 

6 ‘‘(1) Mission requirements that prioritize the 

7 operational needs of field commanders to secure the 

8 United States border and ports. 

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

10 address any unmet border and port security mission 

11 requirements, in accordance with paragraph (1). 

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

13 asset at issue to respond to intelligence on emerging 

14 terrorist or other threats. 

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

16 ability to use the asset at issue in the most cost-effec17 tive way to reduce risk and achieve mission success. 

18 ‘‘(b) CONSIDERATIONS.—An assessment required under 

19 subsection (a) shall consider applicable Federal guidance, 

20 standards, and agency strategic and performance plans, in21 cluding the following: 

22 ‘‘(1) The most recent departmental Quadrennial 

23 Homeland Security Review under section 707, and 

24 any follow-up guidance related to such Review. 


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

2 Plans. 

3 ‘‘(3) Department policy guiding use of integrated 

4 risk management in resource allocation decisions. 

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

6 Protection Strategic Plans and Resource Deployment 

7 Plans. 

8 ‘‘(5) Applicable aviation guidance from the De9 partment, including the DHS Aviation Concept of 

10 Operations. 

11 ‘‘(6) Other strategic and acquisition guidance 

12 promulgated by the Federal Government as the Sec13 retary determines appropriate. 

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

15 the Department shall biennially audit the deployment of 

16 new assets by U.S. Customs and Border Protection’s Office 

17 of Air and Marine Operations and submit to the Committee 

18 on Homeland Security of the House of Representatives and 

19 the Committee on Homeland Security and Governmental 

20 Affairs of the Senate a report on the compliance of the De21 partment with the requirements of this section. 

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

23 than 180 days after the date of the enactment of this section, 

24 the Commissioner of U.S. Customs and Border Protection 

25 shall submit to the Committee on Homeland Security of the 


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1 House of Representatives and the Committee on Homeland 

2 Security and Governmental Affairs of the Senate an identi3 fication of facilities owned by the Federal Government in 

4 strategic locations along the maritime border of California 

5 that may be suitable for establishing additional Office of 

6 Air and Marine Operations marine interdiction stations. 

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

8 ‘‘(a) ESTABLISHMENT.—The Secretary shall establish 

9 within the Department a program to be known as the Inte10 grated Border Enforcement Team program (referred to in 

11 this section as ‘IBET’). 

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

13 IBET program in a manner that results in a cooperative 

14 approach between the United States and Canada to— 

15 ‘‘(1) strengthen security between designated ports 

16 of entry; 

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

18 terrorism and violations of law related to border secu19 rity; 

20 ‘‘(3) facilitate collaboration among components 

21 and offices within the Department and international 

22 partners; 

23 ‘‘(4) execute coordinated activities in furtherance 

24 of border security and homeland security; and 


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

2 dissemination of homeland security information 

3 among such components and offices. 

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

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

6 United States Border Patrol and may be comprised 

7 of personnel from the following: 

8 ‘‘(A) Other subcomponents of U.S. Customs 

9 and Border Protection. 

10 ‘‘(B) U.S. Immigration and Customs En11 forcement, led by Homeland Security Investiga12 tions. 

13 ‘‘(C) The Coast Guard. 

14 ‘‘(D) Other Department personnel, as ap15 propriate. 

16 ‘‘(E) Other Federal departments and agen17 cies, as appropriate. 

18 ‘‘(F) Appropriate State law enforcement 

19 agencies. 

20 ‘‘(G) Foreign law enforcement partners. 

21 ‘‘(H) Local law enforcement agencies from 

22 affected border cities and communities. 

23 ‘‘(I) Appropriate tribal law enforcement 

24 agencies. 


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1 ‘‘(2) LOCATION.—The Secretary is authorized to 

2 establish IBETs in regions in which such teams can 

3 contribute to IBET missions, as appropriate. When 

4 establishing an IBET, the Secretary shall consider the 

5 following: 

6 ‘‘(A) Whether the region in which the IBET 

7 would be established is significantly impacted by 

8 cross-border threats. 

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

10 local, tribal, and foreign law enforcement re11 sources to participate in an IBET. 

12 ‘‘(C) Whether, in accordance with para13 graph (3), other joint cross-border initiatives al14 ready take place within the region in which the 

15 IBET would be established, including other De16 partment cross-border programs such as the Inte17 grated Cross-Border Maritime Law Enforcement 

18 Operation Program established under section 711 

19 of the Coast Guard and Maritime Transpor20 tation Act of 2012 (46 U.S.C. 70101 note) or the 

21 Border Enforcement Security Task Force estab22 lished under section 432. 

23 ‘‘(3) DUPLICATION OF EFFORTS.—In deter24 mining whether to establish a new IBET or to expand 

25 an existing IBET in a given region, the Secretary 


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1 shall ensure that the IBET under consideration does 

2 not duplicate the efforts of other existing interagency 

3 task forces or centers within such region, including 

4 the Integrated Cross-Border Maritime Law Enforce5 ment Operation Program established under section 

6 711 of the Coast Guard and Maritime Transportation 

7 Act of 2012 (46 USC 70101 note) or the Border En8 forcement Security Task Force established under sec9 tion 432. 

10 ‘‘(d) OPERATION.—After determining the regions in 

11 which to establish IBETs, the Secretary may— 

12 ‘‘(1) direct the assignment of Federal personnel 

13 to such IBETs; and 

14 ‘‘(2) take other actions to assist Federal, State, 

15 local, and tribal entities to participate in such 

16 IBETs, including providing financial assistance, as 

17 appropriate, for operational, administrative, and 

18 technological costs associated with such participation. 

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

20 the IBET program with other similar border security and 

21 antiterrorism programs within the Department in accord22 ance with the strategic objectives of the Cross-Border Law 

23 Enforcement Advisory Committee. 

24 ‘‘(f) MEMORANDA OF UNDERSTANDING.—The Sec25 retary may enter into memoranda of understanding with 


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1 appropriate representatives of the entities specified in sub2 section (c)(1) necessary to carry out the IBET program. 

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

4 on which an IBET is established and biannually thereafter 

5 for the following six years, the Secretary shall submit to 

6 the appropriate Congressional Committees, including the 

7 Committee on Homeland Security of the House of Rep8 resentatives and the Committee on Homeland Security and 

9 Governmental Affairs of the Senate a report that— 

10 ‘‘(1) describes the effectiveness of IBETs in ful11 filling the purposes specified in subsection (b); 

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

13 the sustainment of cross-border IBET operations, in14 cluding challenges faced by international partners; 

15 ‘‘(3) addresses ways to support joint training for 

16 IBET stakeholder agencies and radio interoperability 

17 to allow for secure cross-border radio communica18 tions; and 

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

20 Security Task Forces, and the Integrated Cross-Bor21 der Maritime Law Enforcement Operation Program 

22 can better align operations, including interdiction 

23 and investigation activities.’’. 

24 (b) CLERICAL AMENDMENT.—The table of contents in 

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


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1 amended by adding after the item relating to section 419 

2 the following new item: 

‘‘Sec. 420. Immigration advisory program. 

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

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

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

3 SEC. 3. BORDER AND MARITIME SECURITY EFFICIENCIES. 

4 (a) IN GENERAL.—Subtitle C of title IV of the Home5 land Security Act of 2002 (6 U.S.C. 231 et seq.) is amended 

6 by adding at the end the following new sections: 

7 ‘‘SEC. 434. ESTABLISHMENT OF THE OFFICE OF BIOMETRIC 

8 IDENTITY MANAGEMENT. 

9 ‘‘(a) ESTABLISHMENT.—There is established within 

10 the Department an office to be known as the Office of Bio11 metric Identity Management. 

12 ‘‘(b) DIRECTOR.— 

13 ‘‘(1) IN GENERAL.—There shall be at the head of 

14 the Office of Biometric Identity Management a Direc15 tor of the Office of Biometric Identity Management 

16 (in this section referred to as the ‘Director’). 

17 ‘‘(2) QUALIFICATIONS AND DUTIES.—The Direc18 tor shall— 

19 ‘‘(A) have significant professional manage20 ment experience, as well as experience in the 

21 field of biometrics and identity management; 

22 ‘‘(B) lead the Department’s biometric iden23 tity services to support anti-terrorism, counterVerDate Sep 11 2014 23:05 Apr 12, 2016 Jkt 059200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6203 E:\BILLS\H3586.RH H3586

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1 terrorism, border security, credentialing, na2 tional security, and public safety and enable 

3 operational missions across the Department by 

4 matching, storing, sharing, and analyzing bio5 metric data; 

6 ‘‘(C) deliver biometric identity information 

7 and analysis capabilities to— 

8 ‘‘(i) the Department and its compo9 nents; 

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

11 and tribal agencies; 

12 ‘‘(iii) appropriate foreign governments; 

13 and 

14 ‘‘(iv) appropriate private sector enti15 ties; 

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

17 safety, national security, and homeland security 

18 missions of other Federal, State, local and tribal 

19 agencies, as appropriate; 

20 ‘‘(E) establish and manage the operation 

21 and maintenance of the Department’s sole bio22 metric repository; 

23 ‘‘(F) establish, manage, and operate Bio24 metric Support Centers to provide biometric 

25 identification and verification analysis and servVerDate Sep 11 2014 23:05 Apr 12, 2016 Jkt 059200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6203 E:\BILLS\H3586.RH H3586

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1 ices to the Department, appropriate Federal, 

2 State, local, and tribal agencies, appropriate for3 eign governments, and appropriate private sector 

4 entities; 

5 ‘‘(G) in collaboration with the Undersecre6 tary for Science and Technology, establish a De7 partment-wide research and development pro8 gram to support efforts in assessment, develop9 ment, and exploration of biometric advancements 

10 and emerging technologies; 

11 ‘‘(H) oversee Department-wide standards 

12 for biometric conformity, and work to make such 

13 standards Government-wide; 

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

15 Office of Policy, and in consultation with rel16 evant component offices and headquarters offices, 

17 enter into data sharing agreements with appro18 priate Federal agencies to support immigration, 

19 law enforcement, national security, and public 

20 safety missions; 

21 ‘‘(J) maximize interoperability with other 

22 Federal, State, local, and international biometric 

23 systems, as appropriate; and 

24 ‘‘(K) carry out the duties and powers pre25 scribed by law or delegated by the Secretary. 


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1 ‘‘(c) DEPUTY DIRECTOR.—There shall be in the Office 

2 of Biometric Identity Management a Deputy Director, who 

3 shall assist the Director in the management of the Office. 

4 ‘‘(d) CHIEF TECHNOLOGY OFFICER.— 

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

6 of Biometric Identity Management a Chief Tech7 nology Officer. 

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

9 shall— 

10 ‘‘(A) ensure compliance with policies, proc11 esses, standards, guidelines, and procedures re12 lated to information technology systems manage13 ment, enterprise architecture, and data manage14 ment; 

15 ‘‘(B) provide engineering and enterprise ar16 chitecture guidance and direction to the Office of 

17 Biometric Identity Management; and 

18 ‘‘(C) leverage emerging biometric tech19 nologies to recommend improvements to major 

20 enterprise applications, identify tools to optimize 

21 information technology systems performance, and 

22 develop and promote joint technology solutions to 

23 improve services to enhance mission effectiveness. 

24 ‘‘(e) OTHER AUTHORITIES.— 


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

2 such other offices of the Office of Biometric Identity 

3 Management as the Director determines necessary to 

4 carry out the missions, duties, functions, and authori5 ties of the Office. 

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

7 authority provided pursuant to paragraph (1), the 

8 Director shall notify the Committee on Homeland Se9 curity of the House of Representatives and the Com10 mittee on Homeland Security and Governmental Af11 fairs of the Senate not later than 30 days before exer12 cising such authority. 

13 ‘‘SEC. 435. BORDER SECURITY JOINT TASK FORCES. 

14 ‘‘(a) ESTABLISHMENT.—The Secretary shall establish 

15 and operate the following departmental Joint Task Forces 

16 (in this section referred to as ‘Joint Task Force’) to conduct 

17 joint operations using Department component and office 

18 personnel and capabilities to secure the land and maritime 

19 borders of the United States: 

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

21 Force-East shall, at the direction of the Secretary and 

22 in coordination with Joint Task Force West, create 

23 and execute a strategic plan to secure the land and 

24 maritime borders of the United States and shall operVerDate Sep 11 2014 23:05 Apr 12, 2016 Jkt 059200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6203 E:\BILLS\H3586.RH H3586

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1 ate and be located in a place or region determined by 

2 the Secretary. 

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

4 Force-West shall, at the direction of the Secretary and 

5 in coordination with Joint Task Force East, create 

6 and execute a strategic plan to secure the land and 

7 maritime borders of the United States and shall oper8 ate and be located in a place or region determined by 

9 the Secretary. 

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

11 Joint Task Force-Investigations shall, at the direction 

12 of the Secretary, be responsible for coordinating 

13 criminal investigations supporting Joint Task Force– 

14 West and Joint Task Force–East. 

15 ‘‘(b) JOINT TASK FORCE DIRECTORS.—The Secretary 

16 shall appoint a Director to head each Joint Task Force. 

17 Each Director shall be senior official selected from a rel18 evant component or office of the Department, rotating be19 tween relevant components and offices every two years. The 

20 Secretary may extend the appointment of a Director for up 

21 to two additional years, if the Secretary determines that 

22 such an extension is in the best interest of the Department. 

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

24 make the following appointments to the following Joint 

25 Task Forces: 


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

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

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

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

5 Border Protection. 

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

7 Investigations shall be a senior official of U.S. Immi8 gration and Customs Enforcement. 

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

10 Secretary shall appoint a Deputy Director for each Joint 

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

12 shall be an official of a different component or office than 

13 the Director of each Joint Task Force. 

14 ‘‘(e) RESPONSIBILITIES.—Each Joint Task Force Di15 rector shall— 

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

17 security threats to the homeland; 

18 ‘‘(2) maintain situational awareness within 

19 their areas of responsibility, as determined by the 

20 Secretary; 

21 ‘‘(3) provide operational plans and requirements 

22 for standard operating procedures and contingency 

23 operations; 


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

2 within their areas of responsibility, as determined by 

3 the Secretary; 

4 ‘‘(5) set and accomplish strategic objectives 

5 through integrated operational planning and execu6 tion; 

7 ‘‘(6) exercise operational direction over personnel 

8 and equipment from Department components and of9 fices allocated to the respective Joint Task Force to 

10 accomplish task force objectives; 

11 ‘‘(7) establish operational and investigative pri12 orities within the Director’s operating areas; 

13 ‘‘(8) coordinate with foreign governments and 

14 other Federal, State, and local agencies, where appro15 priate, to carry out the mission of the Director’s Joint 

16 Task Force; 

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

18 joint mission requirements necessary to secure the 

19 land and maritime borders of the United States; and 

20 ‘‘(10) carry out other duties and powers the Sec21 retary determines appropriate. 

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

23 FORCES.—The Secretary may, upon request of the Director 

24 of a Joint Task Force, allocate on a temporary basis compo25 nent and office personnel and equipment to the requesting 


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1 Joint Task Force, with appropriate consideration of risk 

2 given to the other primary missions of the Department. 

3 ‘‘(g) COMPONENT RESOURCE AUTHORITY.—As di4 rected by the Secretary— 

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

6 provided sufficient resources from relevant compo7 nents and offices of the Department and the authority 

8 necessary to carry out the missions and responsibil9 ities required under this section; 

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

11 shall be under the operational authority, direction, 

12 and control of the Director of the Joint Task Force 

13 to which such resources were assigned; and 

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

15 Task Forces shall remain under the administrative 

16 direction of its primary component or office. 

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

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

19 out the mission and responsibilities of the Joint Task 

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

21 components and offices of the Department. 

22 ‘‘(i) ESTABLISHMENT OF PERFORMANCE METRICS.— 

23 The Secretary shall— 


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1 ‘‘(1) establish performance metrics to evaluate 

2 the effectiveness of the Joint Task Forces in securing 

3 the land and maritime borders of the United States; 

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

5 Homeland Security of the House of Representatives 

6 and the Committee on Homeland Security and Gov7 ernmental Affairs of the Senate by the date that is not 

8 later than 120 days after the date of the enactment 

9 of this section; and 

10 ‘‘(3) submit to such Committees— 

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

12 evaluation described in paragraph (1) by not 

13 later than January 31, 2017; and 

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

15 evaluation by not later than January 31, 2018. 

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

17 ‘‘(1) IN GENERAL.—The Secretary shall establish 

18 a Department joint duty training program for the 

19 purposes of enhancing departmental unity of efforts 

20 and promoting workforce professional development. 

21 Such training shall be tailored to improve joint oper22 ations as part of the Joint Task Forces established 

23 under subsection (a). 


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1 ‘‘(2) ELEMENTS.—The joint duty training pro2 gram established under paragraph (1) shall address, 

3 at minimum, the following topics: 

4 ‘‘(A) National strategy. 

5 ‘‘(B) Strategic and contingency planning. 

6 ‘‘(C) Command and control of operations 

7 under joint command. 

8 ‘‘(D) International engagement. 

9 ‘‘(E) The Homeland Security Enterprise. 

10 ‘‘(F) Border security. 

11 ‘‘(G) Interagency collaboration. 

12 ‘‘(H) Leadership. 

13 ‘‘(3) OFFICERS AND OFFICIALS.—The joint duty 

14 training program established under paragraph (1) 

15 shall consist of— 

16 ‘‘(A) one course intended for mid-level offi17 cers and officials of the Department assigned to 

18 or working with the Joint Task Forces, and 

19 ‘‘(B) one course intended for senior officers 

20 and officials of the Department assigned to or 

21 working with the Joint Task Forces, 

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

23 development of such officers and officials in coordi24 nating and executing Department-wide joint plan25 ning and operations. 


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1 ‘‘(4) TRAINING REQUIRED.— 

2 ‘‘(A) DIRECTORS AND DEPUTY DIREC3 TORS.—Except as provided in subparagraph (C), 

4 each Joint Task Force Director and Deputy Di5 rector of a Joint Task Force shall complete the 

6 joint duty training program under this sub7 section prior to assignment to a Joint Task 

8 Force. 

9 ‘‘(B) JOINT TASK FORCE STAFF.—All senior 

10 and mid-level officers and officials serving on the 

11 staff of a Joint Task Force shall complete the 

12 joint training program under this subsection 

13 within the first year of assignment to a Joint 

14 Task Force. 

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

16 not apply in the case of the initial Directors and 

17 Deputy Directors of a Joint Task Force. 

18 ‘‘(k) ESTABLISHING ADDITIONAL JOINT TASK

19 FORCES.—The Secretary may establish additional Joint 

20 Task Forces for the purposes of— 

21 ‘‘(1) coordinating operations along the northern 

22 border of the United States; 

23 ‘‘(2) preventing and responding to homeland se24 curity crises, as determined by the Secretary; 


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1 ‘‘(3) establishing other regionally-based oper2 ations; or 

3 ‘‘(4) cybersecurity. 

4 ‘‘(l) NOTIFICATION.— 

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

6 notification to the Committee on Homeland Security 

7 of the House of Representatives and the Committee on 

8 Homeland Security and Governmental Affairs of the 

9 Senate 90 days prior to the establishment of an addi10 tional Joint Task Force under subsection (k). 

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

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

13 of an emergency circumstance that imminently 

14 threatens the protection of human life or the protec15 tion of property. 

16 ‘‘(m) REVIEW.— 

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

18 Department shall conduct a review of the Joint Task 

19 Forces established under this section. 

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

21 paragraph (1) shall include an assessment of the effec22 tiveness of the Joint Task Force structure in securing 

23 the land and maritime borders of the United States, 

24 together with recommendations for enhancements to 

25 such structure to further strengthen border security. 


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1 ‘‘(3) SUBMISSION.—The Inspector General of the 

2 Department shall submit to the Committee on Home3 land Security of the House of Representatives and the 

4 Committee on Homeland Security and Governmental 

5 Affairs of the Senate a report that contains the review 

6 required under paragraph (1) by not later than Jan7 uary 31, 2018. 

8 ‘‘(n) DEFINITION.—In this section, the term ‘situa9 tional awareness’ means a knowledge and unified under10 standing of unlawful cross-border activity, including 

11 threats and trends concerning illicit trafficking and unlaw12 ful crossings, and the ability to forecast future shifts in such 

13 threats and trends, the ability to evaluate such threats and 

14 trends at a level sufficient to create actionable plans, and 

15 the operational capability to conduct continuous and inte16 grated surveillance of the land and martime borders of the 

17 United States. 

18 ‘‘(o) SUNSET.—This section expires on September 30, 

19 2018. 

20 ‘‘SEC. 436. UPDATES OF MARITIME OPERATIONS COORDINA21 TION PLAN. 

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

23 enactment of this section, the Secretary shall submit to the 

24 Committee on Homeland Security of the House of Rep25 resentatives and the Committee on Homeland Security and 


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1 Governmental Affairs of the Senate a maritime operations 

2 coordination plan for the coordination and cooperation of 

3 maritime operations undertaken by components and offices 

4 of the Department with responsibility for maritime security 

5 missions. Such plan shall update the maritime operations 

6 coordination plan released by the Department in July 2011, 

7 and shall address the following: 

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

9 maritime operations, and development of joint situa10 tional awareness of any component or office of the 

11 Department with responsibility for maritime home12 land security missions. 

13 ‘‘(2) Maintaining effective information sharing 

14 and, as appropriate, intelligence integration, with 

15 Federal, State, and local officials and the private sec16 tor, regarding threats to maritime security. 

17 ‘‘(3) Leveraging existing departmental coordina18 tion mechanisms, including the interagency oper19 ational centers as authorized under section 70107A of 

20 title 46, United States Code, Coast Guard’s Regional 

21 Coordinating Mechanisms, the U.S. Customs and 

22 Border Protection Air and Marine Operations Center, 

23 the U.S. Customs and Border Protection Operational 

24 Integration Center, and other regional maritime oper25 ational command centers. 


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1 ‘‘(4) Cooperation and coordination with other 

2 departments and agencies of the Federal Government, 

3 and State and local agencies, in the maritime envi4 ronment, in support of maritime homeland security 

5 missions. 

6 ‘‘(5) Work conducted within the context of other 

7 national and Department maritime security strategic 

8 guidance. 

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

10 2020, the Secretary, acting through the Department’s Office 

11 of Operations Coordination and Planning, shall submit to 

12 the Committee on Homeland Security of the House of Rep13 resentatives and the Committee on Homeland Security and 

14 Governmental Affairs of the Senate an update to the mari15 time operations coordination plan required under sub16 section (a).’’. 

17 (b) LOCATION AND REPORTING STRUCTURE.—The 

18 Secretary of Homeland Security may not change the loca19 tion or reporting structure of the Office of Biometric Iden20 tity Management (established pursuant to section 420 of the 

21 Homeland Security Act of 2002, as added by subsection (a) 

22 of this section) unless the Secretary of Homeland Security 

23 receives prior authorization from Congress permitting such 

24 change. 


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1 (c) CLERICAL AMENDMENT.—The table of contents in 

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

3 amended by adding after the item relating to section 433 

4 the following new items: 

‘‘Sec. 434. Establishment of the Office of Biometric Identity Management. 

‘‘Sec. 435. Border Security Joint Task Forces. 

‘‘Sec. 436. Updates of maritime operations coordination plan.’’. 

5 SEC. 4. PUBLIC PRIVATE PARTNERSHIPS. 

6 (a) IN GENERAL.—Title IV of the Homeland Security 

7 Act of 2002 (6 U.S.C. 201 et seq.) is amended by adding 

8 at the end the following new subtitle: 

9 ‘‘Subtitle G—U.S. Customs and Bor10 der Protection Public Private 

11 Partnerships 

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

13 PORTS OF ENTRY. 

14 ‘‘(a) IN GENERAL.—Notwithstanding section 13031(e) 

15 of the Consolidated Omnibus Budget Reconciliation Act of 

16 1985 (19 U.S.C. 58c(e)) and section 451 of the Tariff Act 

17 of 1930 (19 U.S.C. 1451), the Commissioner of U.S. Cus18 toms and Border Protection for border security, port secu19 rity, transportation security, or counter-terrorism purposes, 

20 may, upon the request of any entity, enter into a fee agree21 ment with such entity under which— 

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

23 provide services described in subsection (c) at a 

24 United States port of entry or any other facility at 


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1 which U.S. Customs and Border Protection provides 

2 or will provide such services; 

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

4 Border Protection a fee imposed under subsection (e) 

5 in an amount equal to the full costs that are incurred 

6 or will be incurred in providing such services; and 

7 ‘‘(3) each facility at which U.S. Customs and 

8 Border Protection services are performed shall be pro9 vided, maintained, and equipped by such entity, 

10 without cost to the Federal Government, in accord11 ance with U.S. Customs and Border Protection speci12 fications. 

13 ‘‘(b) SERVICES DESCRIBED.—The services described in 

14 this section are any activities of any employee or contractor 

15 of U.S. Customs and Border Protection pertaining to, or 

16 in support of, customs, agricultural processing, border secu17 rity, or immigration inspection-related matters at a port 

18 of entry or any other facility at which U.S. Customs and 

19 Border Protection provides or will provide services. 

20 ‘‘(c) LIMITATIONS.— 

21 ‘‘(1) IMPACTS OF SERVICES.—The Commissioner 

22 of U.S. Customs and Border Protection— 

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

24 this section only for services that will increase or 

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1 toms and Border Protection based on available 

2 staffing and workload and that will not shift the 

3 cost of services funded in any appropriations 

4 Act, or provided from any account in the Treas5 ury of the United States derived by the collection 

6 of fees, to entities under this Act; and 

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

8 under this section if such agreement would un9 duly and permanently impact services funded in 

10 any appropriations Act, or provided from any 

11 account in the Treasury of the United States, de12 rived by the collection of fees. 

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

14 number of fee agreements that the Commissioner of 

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

16 under this section. 

17 ‘‘(d) FEE.— 

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

19 charged pursuant to an agreement authorized under 

20 subsection (a) shall be paid by each entity requesting 

21 U.S. Customs and Border Protection services, and 

22 shall be for the full cost of providing such services, in23 cluding the salaries and expenses of employees and 

24 contractors of U.S. Customs and Border Protection, to 

25 provide such services and other costs incurred by U.S. 


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1 Customs and Border Protection relating to such serv2 ices, such as temporary placement or permanent relo3 cation of such employees and contractors. 

4 ‘‘(2) TIMING.—The Commissioner of U.S. Cus5 toms and Border Protection may require that the fee 

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

7 that has entered into a fee agreement under subsection 

8 (a) with U.S. Customs and Border Protection in ad9 vance of the performance of U.S. Customs and Border 

10 Protection services. 

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

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

13 a process to oversee the services for which fees are 

14 charged pursuant to an agreement under subsection 

15 (a), including the following: 

16 ‘‘(A) A determination and report on the full 

17 costs of providing such services, as well as a 

18 process for increasing such fees, as necessary. 

19 ‘‘(B) Establishment of a periodic remittance 

20 schedule to replenish appropriations, accounts, 

21 or funds, as necessary. 

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

23 fees. 

24 ‘‘(e) DEPOSIT OF FUNDS.— 


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

2 any agreement entered into under subsection (a) shall 

3 be deposited as offsetting collections, shall remain 

4 available until expended without fiscal year limita5 tion, and shall be credited to the applicable appro6 priation, account, or fund for the amount paid out of 

7 such appropriation, account, or fund for any expenses 

8 incurred or to be incurred by U.S. Customs and Bor9 der Protection in providing U.S. Customs and Border 

10 Protection services under any such agreement and 

11 any other costs incurred or to be incurred by U.S. 

12 Customs and Border Protection relating to such serv13 ices. 

14 ‘‘(2) RETURN OF UNUSED FUNDS.—The Commis15 sioner of U.S. Customs and Border Protection shall 

16 return any unused funds collected and deposited into 

17 the account described in paragraph (1) in the event 

18 that a fee agreement entered into under subsection (a) 

19 is terminated for any reason, or in the event that the 

20 terms of such fee agreement change by mutual agree21 ment to cause a reduction of U.S. Customs and Bor22 der Protections services. No interest shall be owed 

23 upon the return of any such unused funds. 

24 ‘‘(f) TERMINATION.— 


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

2 Customs and Border Protection shall terminate the 

3 provision of services pursuant to a fee agreement en4 tered into under subsection (a) with an entity that, 

5 after receiving notice from the Commissioner that a 

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

7 in a timely manner. In the event of such termination, 

8 all costs incurred by U.S. Customs and Border Pro9 tection which have not been paid shall become imme10 diately due and payable. Interest on unpaid fees shall 

11 accrue based on the rate and amount established 

12 under sections 6621 and 6622 of the Internal Revenue 

13 Code of 1986. 

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

15 and demand for payment of any fee under subsection 

16 (d), fails to pay such fee in a timely manner shall be 

17 liable for a penalty or liquidated damage equal to two 

18 times the amount of such fee. Any such amount col19 lected pursuant to this paragraph shall be deposited 

20 into the appropriate account specified under sub21 section (e) and shall be available as described in such 

22 subsection. 

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

24 Customs and Border Protection shall submit to the Com25 mittee on Homeland Security and the Committee on ApproVerDate Sep 11 2014 23:05 Apr 12, 2016 Jkt 059200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6203 E:\BILLS\H3586.RH H3586

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1 priations of the House of Representatives and the Com2 mittee on Homeland Security and Governmental Affairs 

3 and the Committee on Appropriations of the Senate an an4 nual report identifying the activities undertaken and the 

5 agreements entered into pursuant to this section. 

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

7 ‘‘(a) AGREEMENTS AUTHORIZED.— 

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

9 Customs and Border Protection, in collaboration with 

10 the Administrator of the General Services Adminis11 tration as applicable under subsection (f), may enter 

12 into an agreement with any entity to accept a dona13 tion of real or personal property, including monetary 

14 donations, or nonpersonal services, for uses described 

15 in subsection (c) at a new or existing land, sea, or 

16 air port of entry, or any facility or other infrastruc17 ture at a location at which U.S. Customs and Border 

18 Protection performs or will be performing inspection 

19 services. 

20 ‘‘(2) GSA.—If the Administrator of the General 

21 Services Administration owns or leases a new or ex22 isting land port of entry at a location at which U.S. 

23 Customs and Border Protection performs or will be 

24 performing inspection services, the Administrator, in 

25 collaboration with the Commissioner of U.S. Customs 


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1 and Border Protection, may enter into an agreement 

2 with any entity to accept a donation of real or per3 sonal property, including monetary donations, or 

4 nonpersonal services, at such location for uses de5 scribed in subsection (c). 

6 ‘‘(b) LIMITATION ON MONETARY DONATIONS.—Any 

7 monetary donation accepted pursuant to subsection (a) may 

8 not be used to pay the salaries of U.S. Customs and Border 

9 Protection employees performing inspection services. 

10 ‘‘(c) USE.—Donations accepted pursuant to subsection 

11 (a) may be used for activities related to construction, alter12 ation, operation, or maintenance of a new or existing land, 

13 sea, or air port of entry, as appropriate, or any facility 

14 or other infrastructure at a location at which U.S. Customs 

15 and Border Protection performs or will be performing in16 spections services, including expenses related to— 

17 ‘‘(1) land acquisition, design, construction, re18 pair, or alteration; 

19 ‘‘(2) furniture, fixtures, equipment, or tech20 nology, including installation or the deployment 

21 thereof; and 

22 ‘‘(3) operation and maintenance of such port of 

23 entry, facility, infrastructure, equipment, or tech24 nology. 


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1 ‘‘(d) TRANSFER.—Notwithstanding any other provi2 sion of law, donations accepted by the Commissioner of U.S. 

3 Customs and Border Protection or the Administrator of the 

4 General Services Administration pursuant to subsection (a) 

5 may be transferred between U.S. Customs and Border Pro6 tection and the General Services Administration. 

7 ‘‘(e) DURATION.—An agreement entered into under 

8 subsection (a) may last as long as required to meet the 

9 terms of such agreement. 

10 ‘‘(f) ROLE OF THE ADMINISTRATOR.—The role, in11 volvement, and authority of the Administrator of the Gen12 eral Services Administration under this section shall be 

13 limited to donations made at new or existing land ports 

14 of entry, facilities, or other infrastructure owned or leased 

15 by the General Services Administration. 

16 ‘‘(g) COORDINATION.—In carrying out agreements en17 tered into under subsection (a), the Commissioner of U.S. 

18 Customs and Border Protection and the Administrator of 

19 the General Services Administration shall establish criteria 

20 that includes the following: 

21 ‘‘(1) Selection and evaluation of donors. 

22 ‘‘(2) Identification of roles and responsibilities 

23 between U.S. Customs and Border Protection, the 

24 General Services Administration, and donors. 


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1 ‘‘(3) Decision-making and dispute resolution 

2 processes. 

3 ‘‘(4) Processes for U.S. Customs and Border Pro4 tection and the General Services Administration to 

5 terminate agreements if selected donors are not meet6 ing the terms of any such agreement, including the se7 curity standards established by U.S. Customs and 

8 Border Protection. 

9 ‘‘(h) EVALUATION PROCEDURES.— 

10 ‘‘(1) IN GENERAL.—Not later than 180 days 

11 after the date of the enactment of this Act, the Com12 missioner of U.S. Customs and Border Protection, in 

13 consultation with the Administrator of the General 

14 Services Administration, as appropriate, shall— 

15 ‘‘(A) establish criteria for evaluating a pro16 posal to enter into an agreement under sub17 section (a); and 

18 ‘‘(B) make such criteria publicly available. 

19 ‘‘(2) CONSIDERATIONS.—Criteria established 

20 pursuant to paragraph (1) shall consider the fol21 lowing: 

22 ‘‘(A) The impact of such proposal on the 

23 land, sea, or air port of entry or facility or other 

24 infrastructure at issue and other ports of entry 


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1 or similar facilities or other infrastructure near 

2 the location of the proposed donation. 

3 ‘‘(B) The proposal’s potential to increase 

4 trade and travel efficiency through added capac5 ity. 

6 ‘‘(C) The proposal’s potential to enhance the 

7 security of the port of entry or facility or other 

8 infrastructure at issue. 

9 ‘‘(D) The funding available to complete the 

10 intended use of a donation under this subsection, 

11 if such donation is real property. 

12 ‘‘(E) The costs of maintaining and oper13 ating such donation. 

14 ‘‘(F) Whether such donation, if real prop15 erty, satisfies the requirements of such proposal, 

16 or whether additional real property would be re17 quired. 

18 ‘‘(G) The impact of such proposal on U.S. 

19 Customs and Border Protection staffing require20 ments. 

21 ‘‘(H) Other factors that the Commissioner 

22 or Administrator determines to be relevant. 

23 ‘‘(3) DETERMINATION AND NOTIFICATION.—Not 

24 later than 180 days after receiving a proposal to 

25 enter into an agreement under subsection (a), the 


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1 Commissioner of U.S. Customs and Border Protection 

2 shall make a determination to deny or approve such 

3 proposal, and shall notify the entity that submitted 

4 such proposal of such determination. 

5 ‘‘(i) SUPPLEMENTAL FUNDING.—Donations made pur6 suant to subsection (a) may be used in addition to any 

7 other funding for such purpose, including appropriated 

8 funds, property, or services. 

9 ‘‘(j) RETURN OF DONATIONS.—The Commissioner of 

10 U.S. Customs and Border Protection or the Administrator 

11 of the General Services Administration, as the case may 

12 be, may return any donation made pursuant to subsection 

13 (a). No interest shall be owed to the donor with respect to 

14 any donation provided under such subsection that is re15 turned pursuant to this subsection. 

16 ‘‘(k) ANNUAL REPORTS.—The Commissioner of U.S. 

17 Customs and Border Protection, in collaboration with the 

18 Administrator of the General Services Administration, as 

19 appropriate, shall submit to the Committee on Homeland 

20 Security, the Committee on Transportation and Infrastruc21 ture, and the Committee on Appropriations of the House 

22 of Representatives and the Committee on Homeland Secu23 rity and Governmental Affairs, the Committee on Environ24 ment and Public Works, and the Committee on Appropria25 tions of the Senate an annual report identifying the activiVerDate Sep 11 2014 23:05 Apr 12, 2016 Jkt 059200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6203 E:\BILLS\H3586.RH H3586

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1 ties undertaken and agreements entered into pursuant to 

2 this section. 

3 ‘‘(l) RULE OF CONSTRUCTION.—Except as otherwise 

4 provided in this section, nothing in this section may be con5 strued as affecting in any manner the responsibilities, du6 ties, or authorities of U.S. Customs and Border Protection 

7 or the General Services Administration. 

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

9 ‘‘Nothing in this subtitle may be construed as affecting 

10 in any manner— 

11 ‘‘(1) any agreement entered into pursuant to sec12 tion 560 of division D of the Consolidated and Fur13 ther Continuing Appropriations Act, 2013 (Public 

14 Law 113–6) or section 559 of title V of division F of 

15 the Consolidated Appropriations Act, 2014 (6 U.S.C. 

16 211 note; Public Law 113–76), as in existence on the 

17 day before the date of the enactment of this subtitle, 

18 and any such agreement shall continue to have full 

19 force and effect on and after such date; or 

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

21 U.S. Customs and Border Protection pursuant to such 

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

23 date of enactment. 

24 ‘‘SEC. 484. DEFINITIONS. 

25 ‘‘In this subtitle: 


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1 ‘‘(1) DONOR.—The term ‘donor’ means any enti2 ty that is proposing to make a donation under this 

3 Act. 

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

5 ‘‘(A) person; 

6 ‘‘(B) partnership, corporation, trust, estate, 

7 cooperative, association, or any other organized 

8 group of persons; 

9 ‘‘(C) Federal, State or local government (in10 cluding any subdivision, agency or instrumen11 tality thereof); or 

12 ‘‘(D) any other private or governmental en13 tity.’’. 

14 (b) CLERICAL AMENDMENT.—The table of contents in 

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

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

17 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.’’. 

18 (c) REPEALS.—Section 560 of division D of the Con19 solidated and Further Continuing Appropriations Act, 

20 2013 (Public Law 113–6) and section 559 of title V of divi21 sion F of the Consolidated Appropriations Act, 2014 (6 

22 U.S.C. 211 note; Public Law 113–76) are repealed. 


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1 SEC. 5. COST-BENEFIT ANALYSIS OF CO-LOCATING OPER2 ATIONAL ENTITIES. 

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

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

5 Operations is based within 45 miles of locations where any 

6 other Department of Homeland Security agency also oper7 ates air and marine assets, the Secretary of Homeland Se8 curity shall conduct a cost-benefit analysis to consider the 

9 potential cost of and savings derived from co-locating avia10 tion and maritime operational assets of the respective agen11 cies of the Department. In analyzing such potential cost 

12 savings achieved by sharing aviation and maritime facili13 ties, such analysis shall consider, at a minimum, the fol14 lowing factors: 

15 (1) Potential enhanced cooperation derived from 

16 Department personnel being co-located. 

17 (2) Potential costs of, and savings derived 

18 through, shared maintenance and logistics facilities 

19 and activities. 

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

21 such as runways, hangars, control towers, operations 

22 centers, piers and docks, boathouses, and fuel depots. 

23 (4) Potential operational costs of co-locating 

24 aviation and maritime assets and personnel. 

25 (5) Short term moving costs required in order to 

26 co-locate facilities. 


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1 (6) Acquisition and infrastructure costs for en2 larging current facilities, as needed. 

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

4 of the enactment of this Act, the Secretary of Homeland Se5 curity shall submit to the Committee on Homeland Security 

6 of the House of Representatives and the Committee on 

7 Homeland Security and Governmental Affairs of the Senate 

8 a report summarizing the results of the cost-benefit analysis 

9 required under subsection (a) and any planned actions 

10 based upon such results. 

11 SEC. 6. STRATEGIC PERSONNEL PLAN FOR U.S. CUSTOMS 

12 AND BORDER PROTECTION PERSONNEL DE13 PLOYED ABROAD. 

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

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

16 U.S. Customs and Border Protection shall provide to the 

17 Committee on Homeland Security of the House of Rep18 resentatives and the Committee on Homeland Security and 

19 Governmental Affairs of the Senate a three year strategic 

20 plan for deployment of U.S. Customs and Border Protection 

21 (in this section referred to as ‘‘CBP’’) personnel to locations 

22 outside the United States. 

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

24 (a) shall include the following: 


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1 (1) A risk-based method for determining expan2 sion of CBP international programs to new locations, 

3 given resource constraints. 

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

5 locations outside the United States have appropriate 

6 oversight and support to ensure performance in sup7 port of program goals. 

8 (3) Information on planned future deployments 

9 of CBP personnel for a three year period, together 

10 with corresponding information on locations for such 

11 deployments outside the United States. 

12 (c) CONSIDERATIONS.—In preparing the plan required 

13 under subsection (a), the Commissioner of U.S. Customs 

14 and Border Protection shall consider, and include informa15 tion on, the following: 

16 (1) Existing CBP programs in operation outside 

17 of the United States, together with specific informa18 tion on locations outside the United States in which 

19 each such program operates. 

20 (2) The number of CBP personnel deployed at 

21 each location outside the United States during the 

22 preceding fiscal year. 


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1 SEC. 7. THREAT ASSESSMENT FOR UNITED STATES-BOUND 

2 INTERNATIONAL MAIL. 

3 Not later than 180 days after the date of the enactment 

4 of this Act, the Commissioner of U.S. Customs and Border 

5 Protection shall submit to the Committee on Homeland Se6 curity of the House of Representatives and the Committee 

7 on Homeland Security and Governmental Affairs of the 

8 Senate an assessment of the security threats posed by 

9 United States-bound international mail. 

10 SEC. 8. EVALUATION OF COAST GUARD DEPLOYABLE SPE11 CIALIZED FORCES. 

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

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

14 of the United States shall submit to the Committee on 

15 Homeland Security and the Committee on Transportation 

16 and Infrastructure of the House of Representatives and the 

17 Committee on Homeland Security and Governmental Af18 fairs and the Committee on Commerce, Science, and Trans19 portation of the Senate a report that describes and assesses 

20 the state of the Coast Guard’s Deployable Specialized Forces 

21 (in this section referred to as the ‘‘DSF’’). Such report shall 

22 include, at a minimum, the following elements: 

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

24 for each type of DSF, the following: 

25 (A) A cost analysis, including training, op26 erating, and travel costs. 


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1 (B) The number of personnel assigned. 

2 (C) The total number of units. 

3 (D) The total number of operations con4 ducted. 

5 (E) The number of operations requested by 

6 each of the following: 

7 (i) The Coast Guard. 

8 (ii) Other components or offices of the 

9 Department of Homeland Security. 

10 (iii) Other Federal departments or 

11 agencies. 

12 (iv) State agencies. 

13 (v) Local agencies. 

14 (F) The number of operations fulfilled by 

15 the entities specified in subparagraph (E). 

16 (2) Mission impact, feasibility, and cost, includ17 ing potential cost savings, of consolidating DSF capa18 bilities, including the following scenarios: 

19 (A) Combining DSFs, primarily focused on 

20 counterdrug operations, under one centralized 

21 command. 

22 (B) Distributing counter-terrorism and 

23 anti-terrorism capabilities to DSFs in each 

24 major United States port. 


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1 (b) DEPLOYABLE SPECIALIZED FORCE DEFINED.—In 

2 this section, the term ‘‘Deployable Specialized Force’’ means 

3 a unit of the Coast Guard that serves as a quick reaction 

4 force designed to be deployed to handle counter-drug, 

5 counter-terrorism, and anti-terrorism operations or other 

6 maritime threats to the United States. 

7 SEC. 9. CUSTOMS-TRADE PARTNERSHIP AGAINST TER8 RORISM IMPROVEMENT. 

9 (a) C-TPAT EXPORTERS.—Section 212 of the Security 

10 and Accountability for Every Port Act of 2006 (6 U.S.C. 

11 962) is amended by inserting ‘‘exporters,’’ after ‘‘Import12 ers,’’. 

13 (b) RECOGNITION OF OTHER COUNTRIES’ TRUSTED

14 SHIPPER PROGRAMS.— 

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

16 and Accountability for Every Port Act of 2006 (6 

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

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

19 SHIPPER PROGRAMS. 

20 ‘‘Not later than 30 days before signing an arrangement 

21 between the United States and a foreign government pro22 viding for mutual recognition of supply chain security 

23 practices which might result in the utilization of benefits 

24 described in section 214, 215, or 216, the Secretary shall— 


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1 ‘‘(1) notify the appropriate congressional com2 mittees of the proposed terms of such arrangement; 

3 and 

4 ‘‘(2) determine, in consultation with the Com5 missioner, that such foreign government’s supply 

6 chain security program provides comparable security 

7 as that provided by C-TPAT.’’. 

8 (2) CLERICAL AMENDMENT.—The table of con9 tents in section 1(b) of the Security and Account10 ability for Every Port Act of 2006 is amended by 

11 amending the item relating to section 218 to read as 

12 follows: 

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

13 SEC. 10. STRATEGIC PLAN TO ENHANCE THE SECURITY OF 

14 THE INTERNATIONAL SUPPLY CHAIN. 

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

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

17 is amended to read as follows: 

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

19 the date of the enactment of this paragraph and every 

20 three years thereafter, the Secretary shall submit to 

21 the appropriate congressional committees a report 

22 that contains an update of the strategic plan de23 scribed in paragraph (1).’’. 


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1 SEC. 11. CONTAINER SECURITY INITIATIVE. 

2 Subsection (l) of section 205 of the Security and Ac3 countability for Every Port Act of 2006 (6 U.S.C. 945) is 

4 amended— 

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

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

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

8 Border and Maritime Security Coordination Im9 provement Act,’’; 

10 (2) by redesignating subparagraphs (A) through 

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

12 by moving the margins of such paragraphs 2 ems to 

13 the left); and 

14 (3) by striking paragraph (2). 

15 SEC. 12. TRANSPORTATION WORKER IDENTIFICATION CRE16 DENTIAL WAIVER AND APPEALS PROCESS. 

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

18 States Code, is amended by adding at the end the following 

19 new section: 

20 ‘‘(r) SECURING THE TRANSPORTATION WORKER IDEN21 TIFICATION CREDENTIAL AGAINST USE BY UNAUTHORIZED

22 ALIENS.— 

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

24 through the Administrator of the Transportation Se25 curity Administration, shall seek to strengthen the in26 tegrity of transportation security cards issued under 


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1 this section against improper access by an individual 

2 who is not lawfully present in the United States. 

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

4 (a), the Administrator of the Transportation Security 

5 Administration shall— 

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

7 identify non-United States citizen transportation 

8 security card applicants and verify the immigra9 tion statuses of such applicants by requiring 

10 each such applicant to produce a document or 

11 documents that demonstrate— 

12 ‘‘(i) identity; and 

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

14 United States; and 

15 ‘‘(B) enhance training requirements to en16 sure that trusted agents at transportation secu17 rity card enrollment centers receive training to 

18 identify fraudulent documents. 

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

20 card issued under this section expires on the date of 

21 its expiration or on the date on which the individual 

22 to whom such card is issued is no longer lawfully en23 titled to be present in the United States, whichever is 

24 earlier.’’. 


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

2 of the enactment of this Act, the Secretary of Homeland Se3 curity shall provide to the Committee on Homeland Secu4 rity of the House of Representatives and the Committee on 

5 Commerce, Science, and Transportation of the Senate infor6 mation on the following: 

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

8 appeal under the appeals process established pursuant 

9 to paragraph (4) of subsection (c) of section 70105 of 

10 title 46, United States Code. 

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

12 each step in such process. 

13 (3) Recommendations on how to resolve any such 

14 delays as expeditiously as possible. 

15 SEC. 13. ANNUAL REPORT ON U.S. CUSTOMS AND BORDER 

16 PROTECTION STAFFING. 

17 Not later than 30 days after the date of the enactment 

18 of this Act and annually thereafter, the Commissioner of 

19 U.S. Customs and Border Protection shall submit to the 

20 Committee on Homeland Security of the House of Rep21 resentatives and the Committee on Homeland Security and 

22 Governmental Affairs of the Senate a report on the staffing 

23 model for the Office of Field Operations, including informa24 tion on how many supervisors, front-line Customs and BorVerDate Sep 11 2014 23:05 Apr 12, 2016 Jkt 059200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6203 E:\BILLS\H3586.RH H3586

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1 der Protection officers, Agriculture Specialists, and support 

2 personnel are assigned to each field office and port of entry. 

3 SEC. 14. CONFORMING AMENDMENTS. 

4 Subtitle B of title IV of the Homeland Security Act 

5 of 2002 (6 U.S.C. 211 et seq.) is amended— 

6 (1) by striking ‘‘United States Customs Service’’ 

7 each place it appears and inserting ‘‘U.S. Customs 

8 and Border Protection’’; 

9 (2) by striking ‘‘Commissioner of Customs’’ each 

10 place it appears and inserting ‘‘Commissioner of U.S. 

11 Customs and Border Protection’’; 

12 (3) in the heading of such subtitle, by striking 

13 ‘‘United States Customs Service’’ and insert14 ing ‘‘U.S. Customs and Border Protection’’; 

15 and 

16 (4) in section 411— 

17 (A) in the section heading, by striking 

18 ‘‘COMMISSIONER OF CUSTOMS’’ and insert19 ing ‘‘COMMISSIONER OF U.S. CUSTOMS AND

20 BORDER PROTECTION’’; and 

21 (B) in subsection (b)— 

22 (i) in the subsection heading, by strik23 ing ‘‘COMMISSIONER OF CUSTOMS’’ and in24 serting ‘‘COMMISSIONER OF U.S. CUSTOMS

25 AND BORDER PROTECTION’’; and 


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1 (ii) in paragraph (1), by striking 

2 ‘‘Customs Service’’ and inserting ‘‘U.S. 

3 Customs and Border Protection’’. 

4 SEC. 15. REPEALS. 

5 The following provisions of the Security and Account6 ability for Every Port Act of 2006 (Public Law 109–347) 

7 are repealed: 

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

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

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

11 (3) Subsections (c), (d), and (e) of section 121 (6 

12 U.S.C. 921). 

13 (4) Section 122 (6 U.S.C. 922) (and the item re14 lating to such section in the table of contents of such 

15 Act). 

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

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

18 (6) Subsection (c) of section 233 (6 U.S.C. 983). 

19 (7) Section 235 (6 U.S.C. 984) (and the item re20 lating to such section in the table of contents of such 

21 Act). 

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

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

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

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


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Union Calendar No. 372 

114TH CONGRESS 

2D SESSION H. R. 3586 

[Report No. 114–488, Part I] 

A BILL 

To amend the Homeland Security Act of 2002 to 

and for other purposes. tion in the Department of Homeland Security, improve border and maritime security coordinaAPRIL 12, 2016 

Reported from the Committee on Homeland Security 

with an amendment 

APRIL 12, 2016 

The Committee on Transportation and Infrastructure 

printed House on the State of the Union and ordered to be discharged; committed to the Committee of the Whole 


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