Travel Facilitation and Safety Act of 2015

To permit the recovery of costs incurred by U.S. Customs and Border Protection for preclearance operations activities, and for other purposes. 1. Short title This Act may be cited as the Travel Facilitation and Safety Act of 2015 2. Recovery of initial preclearance operation costs (a) Cost sharing agreements with relevant airport authorities The Commissioner of U.S. Customs and Border Protection may enter into a cost sharing agreement with airport authorities in foreign countries at which preclearance operations are to be established or maintained if— (1) an executive agreement to establish or maintain such preclearance operations pursuant to the authorities under section 629 of the Tariff Act of 1930 ( 19 U.S.C. 1629 8 U.S.C. 1103(a)(7) (2) U.S. Customs and Border Protection has incurred, or expects to incur, initial preclearance operations costs in order to establish or maintain preclearance operations under the agreement described in paragraph (1). (b) Contents of cost sharing agreements (1) In general Notwithstanding section 13031(e) of the Consolidated Omnibus Budget Reconciliation Act of 1985 ( 19 U.S.C. 58c(e) 8 U.S.C. 1356(g) (2) Timing of payments The airport authority’s payment to U.S. Customs and Border Protection for its initial preclearance operations costs may be made in advance of the incurrence of the costs or on a reimbursable basis. (c) Account (1) In general All amounts collected pursuant to any cost sharing agreement authorized under subsection (a)— (A) shall be credited as offsetting collections to the currently applicable appropriation, account, or fund of U.S. Customs and Border Protection; (B) shall remain available, until expended, for the purposes for which such appropriation, account, or fund is authorized to be used; and (C) may be collected and shall be available only to the extent provided in appropriations Acts. (2) Return of unused funds Any advances or reimbursements not used by U.S. Customs and Border Protection may be returned to the relevant airport authority. (3) Rule of construction Nothing in this subsection may be construed to preclude the use of appropriated funds, from sources other than the payments collected under this Act, to pay initial preclearance operation costs. (d) Initial preclearance operations costs defined (1) In general In this section, the term initial preclearance operations costs (A) hiring, training, and equipping new officers of U.S. Customs and Border Protection who will be stationed at United States domestic ports of entry or other facilities of U.S. Customs and Border Protection to backfill such officers to be stationed at an airport in a foreign country to conduct preclearance operations; and (B) visits to the airport authority conducted by personnel of U.S. Customs and Border Protection necessary to prepare for the establishment or maintenance of preclearance operations at such airport, including the compensation, travel expenses, and allowances payable to such personnel attributable to such visits. (2) Exception The costs described in paragraph (1)(A) shall not include the salaries and benefits of new officers of U.S. Customs and Border Protection once such officers are permanently stationed at a domestic United States port of entry or other domestic facility of U.S. Customs and Border Protection after being hired, trained, and equipped. 3. Collection and disposition of funds collected for immigration inspection services and preclearance activities (a) Immigration and Nationality Act Section 286(i) of the Immigration and Nationality Act ( 8 U.S.C. 1356(i) Reimbursements under this subsection may be collected in advance of the provision of such immigration inspection services. Notwithstanding subsection (h)(1)(B), and only to the extent provided in appropriations Acts, any amounts collected under this subsection shall be credited as offsetting collections to the currently applicable appropriation, account, or fund of U.S. Customs and Border Protection, remain available until expended, and be available for the purposes for which such appropriation, account, or fund is authorized to be used. (b) Farm Security and Rural Investment Act of 2002 Section 10412(b) of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8311(b) (b) Funds collected for preclearance Funds collected for preclearance activities— (1) may be collected in advance of the provision of such activities; (2) shall be credited as offsetting collections to the currently applicable appropriation, account, or fund of U.S. Customs and Border Protection; (3) shall remain available until expended; (4) shall be available for the purposes for which such appropriation, account, or fund is authorized to be used; and (5) may be collected and shall be available only to the extent provided in appropriations Acts. . 4. Expansion of preclearance at foreign airports (a) Findings Congress makes the following findings: (1) Preclearance operations provide the ultimate ability for the United States to address potential threats at the earliest possible moment and prior to departure, through the forward deployment of officers of U.S. Customs and Border Protection to last points of departure in a foreign country. (2) With inspections and examination operations of U.S. Customs and Border Protection located in a foreign country, preclearance provides the capability to interdict, address, and work with host-country law enforcement in furtherance of both aviation security and border security in the United States. (3) Under current preclearance operations, officers of the U.S. Customs and Border Protection collect biometrics in the same way that is currently done upon arrival in the United States, in accordance with current regulation, and as part of the routine entry process from certain aliens who are not citizens of the United States prior to boarding flights destined to the United States. (4) Preclearance operations provide the best means for existing and future biometric security capabilities beyond the United States. Support for preclearance expansion will greatly increase border and aviation security in the United States and foreign countries. (b) Sense of Congress It is the sense of Congress that each country designated as a visa waiver program country under section 217 of the Immigration and Nationality Act ( 8 U.S.C. 1187 5. Biometric demonstration programs at preclearance locations (a) Authority The Secretary of Homeland Security is authorized to select preclearance locations, including preclearance expansion locations, and enter into an agreement with a foreign government or airport to conduct a collaborative biometric demonstration program at such a location to test emerging biometric technologies. The scope of the demonstration program may encompass travelers other than those utilizing preclearance at such a location, provided that such program includes means for information sharing with U.S. Customs and Border Protection operations. (b) International cooperation and coordination Section 233(a) of the Security and Accountability For Every Port Act of 2006 ( 6 U.S.C. 983(a) (1) in paragraph (1), by striking the period at the end and inserting , and to establish and maintain, in partnership with foreign governments, demonstration programs to test emerging biometric technologies at foreign airports at which the Secretary has established preclearance operations. (2) in paragraph (2)— (A) in subparagraph (A), by striking and (B) in subparagraph (B), by striking the period at the end and inserting a semicolon and and (C) by adding the following: (C) lease, loan, provide, or otherwise assist in the deployment of biometric technologies at foreign airports at which the Secretary has established preclearance operations under such terms and conditions as the Secretary prescribes, including nonreimbursable loans or the transfer of ownership of such technologies, and provide the necessary training and technical assistance related to the biometric demonstration programs referred to in paragraph (1). . 6. Visa waiver program requirements (a) Information sharing process The Director of National Intelligence shall— (1) develop a process to share information derived from the Terrorist Identities Datamart Environment (TIDE) database and the Terrorist Screening Database (TSDB), including biometric and biographic information, with countries participating in the visa waiver program established under section 217(a) of the Immigration and Nationality Act ( 8 U.S.C. 1187(a) (2) not later than 1 year after the date of the enactment of this Act, certify to Congress that such process may be utilized by such countries. (b) Continuing qualification and designation terminations Subsection (c) of section 217 of the Immigration and Nationality Act ( 8 U.S.C. 1187 (1) in paragraph (1), by striking Attorney General, Secretary of Homeland Security, (2) in paragraph (2)— (A) in subparagraph (C)(iii)— (i) by striking and the Committee on International Relations , the Committee on Foreign Affairs, and the Committee on Homeland Security (ii) by striking and the Committee on Foreign Relations , the Committee on Foreign Relations, and the Committee on Homeland Security and Governmental Affairs (B) by adding at the end the following: (G) Border security The government of the country utilizes the process developed by the Director of National Intelligence under section 6(a) of the Travel Facilitation and Safety Act of 2015 .

Summary: Travel Facilitation and Safety Act of 2015 This bill authorizes the U.S. Customs and Border Protection (CBP) of the Department of Homeland Security (DHS) to enter into cost-sharing agreements with airport authorities in foreign countries at which preclearance operations will be established or maintained if certain circumstances apply. Any cost-sharing agreement may provide for an airport authority's payment to the CBP of its initial preclearance operations costs. The Immigration and Nationality Act is amended with respect to reimbursements to the Department of Justice received from commercial aircraft or vessel owners, operators, or agents, or from any airport or seaport authority, for expenses incurred for immigration inspection services they have requested. Such reimbursements may be collected in advance of those services, and shall be credited as offsetting collections to the currently applicable CBP appropriation, account, or fund. The Farm Security and Rural Investment Act of 2002 is amended to make the same disposition for reimbursements to the Department of Agriculture for preclearance of animals or articles at locations outside the United States for movement into the United States. The bill expresses the sense of Congress that each visa waiver program country should seek to participate in the U.S. preclearance program. DHS may select preclearance locations and enter into agreements with foreign governments or airports to conduct a collaborative demonstration program at those locations to test emerging biometric technologies. The Office of the Director of National Intelligence shall develop a process to share information derived from the Terrorist Identities Datamart Environment database and the Terrorist Screening Database with countries participating in the visa waiver program.