IB 
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 mari-
time 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 fol-
lowing 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 or-
dered 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 Depart-
ment of Homeland Security, and for other purposes. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Border and Maritime Coordination Improvement Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; Table of contents. 
Sec. 2. U.S. Customs and Border Protection coordination. 
Sec. 3. Border and maritime security efficiencies. 
Sec. 4. Public private partnerships. 
Sec. 5. Cost-benefit analysis of co-locating operational entities. 
Sec. 6. Strategic personnel plan for U.S. Customs and Border Protection per-
sonnel deployed abroad. 
Sec. 7. Threat assessment for United States-bound international mail. 
Sec. 8. Evaluation of Coast Guard Deployable Specialized Forces. 
Sec. 9. Customs-Trade Partnership Against Terrorism improvement. 
Sec. 10. Strategic plan to enhance the security of the international supply chain. 
Sec. 11. Container Security Initiative. 
Sec. 12. Transportation Worker Identification Credential waiver and appeals 
process. 
Sec. 13. Annual report on U.S. Customs and Border Protection staffing. 
Sec. 14. Conforming amendments. 
Sec. 15. Repeals. 
SEC. 2. U.S. CUSTOMS AND BORDER PROTECTION COORDI-
NATION. 
(a) IN GENERAL.—Subtitle B of title IV of the Home-
land Security Act of 2002 (6 U.S.C. 211 et seq.) is amended 
by adding at the end the following new section: 
‘‘SEC. 420. IMMIGRATION ADVISORY PROGRAM. 
‘‘(a) IN GENERAL.—There is authorized within U.S. 
Customs and Border Protection a program for Customs and 
Border Protection officers, pursuant to an agreement with 
a host country, to assist air carriers and security employees 
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at foreign airports with review of traveler information dur-
ing the processing of flights bound for the United States. 
‘‘(b) ACTIVITIES.—In carrying out the program, Cus-
toms and Border Protection officers posted in foreign air-
ports under subsection (a) may— 
‘‘(1) be present during processing of flights 
bound for the United States; 
‘‘(2) assist air carriers and security employees 
with document examination and traveler security as-
sessments; 
‘‘(3) provide relevant training to air carriers, 
their security staff, and host-country authorities; 
‘‘(4) analyze electronic passenger information 
and passenger reservation data to identify potential 
threats; 
‘‘(5) engage air carriers and travelers to confirm 
potential terrorist watchlist matches; 
‘‘(6) make recommendations to air carriers to 
deny potentially inadmissable passengers boarding 
flights bound for the United States; and 
‘‘(7) conduct other activities to secure flights 
bound for the United States, as directed by the Com-
missioner of U.S. Customs and Border Protection. 
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‘‘SEC. 420A. AIR CARGO ADVANCE SCREENING. 
‘‘Not later than one year after the date of the enact-
ment of this section, the Commissioner of U.S. Customs and 
Border Protection shall— 
‘‘(1) establish a program to ensure that the elec-
tronic interchange system for the collection of advance 
electronic information for cargo required by section 
343 of the Trade Act of 2002 (19 U.S.C. 2071 note) 
has the capacity to collect information pertaining to 
cargo being imported to the United States by air at 
the earliest point practicable prior to loading of such 
cargo onto the aircraft destined to or transiting 
through the United States; and 
‘‘(2) coordinate with the Administrator for the 
Transportation Security Administration to identify 
opportunities to harmonize requirements for air car-
riers that are full participants in the system described 
in paragraph (1). 
‘‘SEC. 420B. U.S. CUSTOMS AND BORDER PROTECTION OF-
FICE 
OF 
AIR 
AND 
MARINE 
OPERATIONS 
ASSET DEPLOYMENT. 
‘‘(a) IN GENERAL.—Any deployment of new assets by 
U.S. Customs and Border Protection’s Office of Air and 
Marine Operations following the date of the enactment of 
this section, shall, to the greatest extent practicable, occur 
in accordance with a risk-based assessment that considers 
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mission needs, validated requirements, performance results, 
threats, costs, and any other relevant factors identified by 
the Commissioner of U.S. Customs and Border Protection. 
Specific factors to be included in such assessment shall in-
clude, at a minimum, the following: 
‘‘(1) Mission requirements that prioritize the 
operational needs of field commanders to secure the 
United States border and ports. 
‘‘(2) Other Department assets available to help 
address any unmet border and port security mission 
requirements, in accordance with paragraph (1). 
‘‘(3) Risk analysis showing positioning of the 
asset at issue to respond to intelligence on emerging 
terrorist or other threats. 
‘‘(4) Cost-benefit analysis showing the relative 
ability to use the asset at issue in the most cost-effec-
tive way to reduce risk and achieve mission success. 
‘‘(b) CONSIDERATIONS.—An assessment required under 
subsection (a) shall consider applicable Federal guidance, 
standards, and agency strategic and performance plans, in-
cluding the following: 
‘‘(1) The most recent departmental Quadrennial 
Homeland Security Review under section 707, and 
any follow-up guidance related to such Review. 
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‘‘(2) The Department’s Annual Performance 
Plans. 
‘‘(3) Department policy guiding use of integrated 
risk management in resource allocation decisions. 
‘‘(4) Department and U.S. Customs and Border 
Protection Strategic Plans and Resource Deployment 
Plans. 
‘‘(5) Applicable aviation guidance from the De-
partment, including the DHS Aviation Concept of 
Operations. 
‘‘(6) Other strategic and acquisition guidance 
promulgated by the Federal Government as the Sec-
retary determines appropriate. 
‘‘(c) AUDIT AND REPORT.—The Inspector General of 
the Department shall biennially audit the deployment of 
new assets by U.S. Customs and Border Protection’s Office 
of Air and Marine Operations and submit to the Committee 
on Homeland Security of the House of Representatives and 
the Committee on Homeland Security and Governmental 
Affairs of the Senate a report on the compliance of the De-
partment with the requirements of this section. 
‘‘(d) MARINE INTERDICTION STATIONS.—Not later 
than 180 days after the date of the enactment of this section, 
the Commissioner of U.S. Customs and Border Protection 
shall submit to the Committee on Homeland Security of the 
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House of Representatives and the Committee on Homeland 
Security and Governmental Affairs of the Senate an identi-
fication of facilities owned by the Federal Government in 
strategic locations along the maritime border of California 
that may be suitable for establishing additional Office of 
Air and Marine Operations marine interdiction stations. 
‘‘SEC. 420C. INTEGRATED BORDER ENFORCEMENT TEAMS. 
‘‘(a) ESTABLISHMENT.—The Secretary shall establish 
within the Department a program to be known as the Inte-
grated Border Enforcement Team program (referred to in 
this section as ‘IBET’). 
‘‘(b) PURPOSE.—The Secretary shall administer the 
IBET program in a manner that results in a cooperative 
approach between the United States and Canada to— 
‘‘(1) strengthen security between designated ports 
of entry; 
‘‘(2) detect, prevent, investigate, and respond to 
terrorism and violations of law related to border secu-
rity; 
‘‘(3) facilitate collaboration among components 
and offices within the Department and international 
partners; 
‘‘(4) execute coordinated activities in furtherance 
of border security and homeland security; and 
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‘‘(5) enhance information-sharing, including the 
dissemination of homeland security information 
among such components and offices. 
‘‘(c) COMPOSITION AND LOCATION OF IBETS.— 
‘‘(1) COMPOSITION.—IBETs shall be led by the 
United States Border Patrol and may be comprised 
of personnel from the following: 
‘‘(A) Other subcomponents of U.S. Customs 
and Border Protection. 
‘‘(B) U.S. Immigration and Customs En-
forcement, led by Homeland Security Investiga-
tions. 
‘‘(C) The Coast Guard. 
‘‘(D) Other Department personnel, as ap-
propriate. 
‘‘(E) Other Federal departments and agen-
cies, as appropriate. 
‘‘(F) Appropriate State law enforcement 
agencies. 
‘‘(G) Foreign law enforcement partners. 
‘‘(H) Local law enforcement agencies from 
affected border cities and communities. 
‘‘(I) Appropriate tribal law enforcement 
agencies. 
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‘‘(2) LOCATION.—The Secretary is authorized to 
establish IBETs in regions in which such teams can 
contribute to IBET missions, as appropriate. When 
establishing an IBET, the Secretary shall consider the 
following: 
‘‘(A) Whether the region in which the IBET 
would be established is significantly impacted by 
cross-border threats. 
‘‘(B) The availability of Federal, State, 
local, tribal, and foreign law enforcement re-
sources to participate in an IBET. 
‘‘(C) Whether, in accordance with para-
graph (3), other joint cross-border initiatives al-
ready take place within the region in which the 
IBET would be established, including other De-
partment cross-border programs such as the Inte-
grated Cross-Border Maritime Law Enforcement 
Operation Program established under section 711 
of the Coast Guard and Maritime Transpor-
tation Act of 2012 (46 U.S.C. 70101 note) or the 
Border Enforcement Security Task Force estab-
lished under section 432. 
‘‘(3) DUPLICATION
OF
EFFORTS.—In deter-
mining whether to establish a new IBET or to expand 
an existing IBET in a given region, the Secretary 
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shall ensure that the IBET under consideration does 
not duplicate the efforts of other existing interagency 
task forces or centers within such region, including 
the Integrated Cross-Border Maritime Law Enforce-
ment Operation Program established under section 
711 of the Coast Guard and Maritime Transportation 
Act of 2012 (46 USC 70101 note) or the Border En-
forcement Security Task Force established under sec-
tion 432. 
‘‘(d) OPERATION.—After determining the regions in 
which to establish IBETs, the Secretary may— 
‘‘(1) direct the assignment of Federal personnel 
to such IBETs; and 
‘‘(2) take other actions to assist Federal, State, 
local, and tribal entities to participate in such 
IBETs, including providing financial assistance, as 
appropriate, for operational, administrative, and 
technological costs associated with such participation. 
‘‘(e) COORDINATION.—The Secretary shall coordinate 
the IBET program with other similar border security and 
antiterrorism programs within the Department in accord-
ance with the strategic objectives of the Cross-Border Law 
Enforcement Advisory Committee. 
‘‘(f) MEMORANDA
OF UNDERSTANDING.—The Sec-
retary may enter into memoranda of understanding with 
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appropriate representatives of the entities specified in sub-
section (c)(1) necessary to carry out the IBET program. 
‘‘(g) REPORT.—Not later than 180 days after the date 
on which an IBET is established and biannually thereafter 
for the following six years, the Secretary shall submit to 
the appropriate Congressional Committees, including the 
Committee on Homeland Security of the House of Rep-
resentatives and the Committee on Homeland Security and 
Governmental Affairs of the Senate a report that— 
‘‘(1) describes the effectiveness of IBETs in ful-
filling the purposes specified in subsection (b); 
‘‘(2) assess the impact of certain challenges on 
the sustainment of cross-border IBET operations, in-
cluding challenges faced by international partners; 
‘‘(3) addresses ways to support joint training for 
IBET stakeholder agencies and radio interoperability 
to allow for secure cross-border radio communica-
tions; and 
‘‘(4) assesses how IBETs, Border Enforcement 
Security Task Forces, and the Integrated Cross-Bor-
der Maritime Law Enforcement Operation Program 
can better align operations, including interdiction 
and investigation activities.’’. 
(b) CLERICAL AMENDMENT.—The table of contents in 
section 1(b) of the Homeland Security Act of 2002 is 
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amended by adding after the item relating to section 419 
the following new item: 
‘‘Sec. 420. Immigration advisory program. 
‘‘Sec. 420A. Air cargo advance screening. 
‘‘Sec. 420B. U.S. Customs and Border Protection Office of Air and Marine Oper-
ations asset deployment. 
‘‘Sec. 420C. Integrated Border Enforcement Teams.’’. 
SEC. 3. BORDER AND MARITIME SECURITY EFFICIENCIES. 
(a) IN GENERAL.—Subtitle C of title IV of the Home-
land Security Act of 2002 (6 U.S.C. 231 et seq.) is amended 
by adding at the end the following new sections: 
‘‘SEC. 434. ESTABLISHMENT OF THE OFFICE OF BIOMETRIC 
IDENTITY MANAGEMENT. 
‘‘(a) ESTABLISHMENT.—There is established within 
the Department an office to be known as the Office of Bio-
metric Identity Management. 
‘‘(b) DIRECTOR.— 
‘‘(1) IN GENERAL.—There shall be at the head of 
the Office of Biometric Identity Management a Direc-
tor of the Office of Biometric Identity Management 
(in this section referred to as the ‘Director’). 
‘‘(2) QUALIFICATIONS AND DUTIES.—The Direc-
tor shall— 
‘‘(A) have significant professional manage-
ment experience, as well as experience in the 
field of biometrics and identity management; 
‘‘(B) lead the Department’s biometric iden-
tity services to support anti-terrorism, counter- 
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terrorism, border security, credentialing, na-
tional security, and public safety and enable 
operational missions across the Department by 
matching, storing, sharing, and analyzing bio-
metric data; 
‘‘(C) deliver biometric identity information 
and analysis capabilities to— 
‘‘(i) the Department and its compo-
nents; 
‘‘(ii) appropriate Federal, State, local, 
and tribal agencies; 
‘‘(iii) appropriate foreign governments; 
and 
‘‘(iv) appropriate private sector enti-
ties; 
‘‘(D) support the law enforcement, public 
safety, national security, and homeland security 
missions of other Federal, State, local and tribal 
agencies, as appropriate; 
‘‘(E) establish and manage the operation 
and maintenance of the Department’s sole bio-
metric repository; 
‘‘(F) establish, manage, and operate Bio-
metric Support Centers to provide biometric 
identification and verification analysis and serv-
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ices to the Department, appropriate Federal, 
State, local, and tribal agencies, appropriate for-
eign governments, and appropriate private sector 
entities; 
‘‘(G) in collaboration with the Undersecre-
tary for Science and Technology, establish a De-
partment-wide research and development pro-
gram to support efforts in assessment, develop-
ment, and exploration of biometric advancements 
and emerging technologies; 
‘‘(H) oversee Department-wide standards 
for biometric conformity, and work to make such 
standards Government-wide; 
‘‘(I) in coordination with the Department’s 
Office of Policy, and in consultation with rel-
evant component offices and headquarters offices, 
enter into data sharing agreements with appro-
priate Federal agencies to support immigration, 
law enforcement, national security, and public 
safety missions; 
‘‘(J) maximize interoperability with other 
Federal, State, local, and international biometric 
systems, as appropriate; and 
‘‘(K) carry out the duties and powers pre-
scribed by law or delegated by the Secretary. 
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‘‘(c) DEPUTY DIRECTOR.—There shall be in the Office 
of Biometric Identity Management a Deputy Director, who 
shall assist the Director in the management of the Office. 
‘‘(d) CHIEF TECHNOLOGY OFFICER.— 
‘‘(1) IN GENERAL.—There shall be in the Office 
of Biometric Identity Management a Chief Tech-
nology Officer. 
‘‘(2) DUTIES.—The Chief Technology Officer 
shall— 
‘‘(A) ensure compliance with policies, proc-
esses, standards, guidelines, and procedures re-
lated to information technology systems manage-
ment, enterprise architecture, and data manage-
ment; 
‘‘(B) provide engineering and enterprise ar-
chitecture guidance and direction to the Office of 
Biometric Identity Management; and 
‘‘(C) leverage emerging biometric tech-
nologies to recommend improvements to major 
enterprise applications, identify tools to optimize 
information technology systems performance, and 
develop and promote joint technology solutions to 
improve services to enhance mission effectiveness. 
‘‘(e) OTHER AUTHORITIES.— 
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‘‘(1) IN GENERAL.—The Director may establish 
such other offices of the Office of Biometric Identity 
Management as the Director determines necessary to 
carry out the missions, duties, functions, and authori-
ties of the Office. 
‘‘(2) NOTIFICATION.—If the Director exercises the 
authority provided pursuant to paragraph (1), the 
Director shall notify the Committee on Homeland Se-
curity of the House of Representatives and the Com-
mittee on Homeland Security and Governmental Af-
fairs of the Senate not later than 30 days before exer-
cising such authority. 
‘‘SEC. 435. BORDER SECURITY JOINT TASK FORCES. 
‘‘(a) ESTABLISHMENT.—The Secretary shall establish 
and operate the following departmental Joint Task Forces 
(in this section referred to as ‘Joint Task Force’) to conduct 
joint operations using Department component and office 
personnel and capabilities to secure the land and maritime 
borders of the United States: 
‘‘(1) JOINT
TASK
FORCE–EAST.—Joint Task 
Force-East shall, at the direction of the Secretary and 
in coordination with Joint Task Force West, create 
and execute a strategic plan to secure the land and 
maritime borders of the United States and shall oper-
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ate and be located in a place or region determined by 
the Secretary. 
‘‘(2) JOINT
TASK
FORCE–WEST.—Joint Task 
Force-West shall, at the direction of the Secretary and 
in coordination with Joint Task Force East, create 
and execute a strategic plan to secure the land and 
maritime borders of the United States and shall oper-
ate and be located in a place or region determined by 
the Secretary. 
‘‘(3) JOINT
TASK
FORCE–INVESTIGATIONS.— 
Joint Task Force-Investigations shall, at the direction 
of the Secretary, be responsible for coordinating 
criminal investigations supporting Joint Task Force– 
West and Joint Task Force–East. 
‘‘(b) JOINT TASK FORCE DIRECTORS.—The Secretary 
shall appoint a Director to head each Joint Task Force. 
Each Director shall be senior official selected from a rel-
evant component or office of the Department, rotating be-
tween relevant components and offices every two years. The 
Secretary may extend the appointment of a Director for up 
to two additional years, if the Secretary determines that 
such an extension is in the best interest of the Department. 
‘‘(c) INITIAL APPOINTMENTS.—The Secretary shall 
make the following appointments to the following Joint 
Task Forces: 
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‘‘(1) The initial Director of Joint Task Force– 
East shall be a senior officer of the Coast Guard. 
‘‘(2) The initial Director of Joint Task Force– 
West shall be a senior official of U.S. Customs and 
Border Protection. 
‘‘(3) The initial Director of Joint Task Force– 
Investigations shall be a senior official of U.S. Immi-
gration and Customs Enforcement. 
‘‘(d) JOINT TASK FORCE DEPUTY DIRECTORS.—The 
Secretary shall appoint a Deputy Director for each Joint 
Task Force. The Deputy Director of a Joint Task Force 
shall be an official of a different component or office than 
the Director of each Joint Task Force. 
‘‘(e) RESPONSIBILITIES.—Each Joint Task Force Di-
rector shall— 
‘‘(1) identify and prioritize border and maritime 
security threats to the homeland; 
‘‘(2) maintain situational awareness within 
their areas of responsibility, as determined by the 
Secretary; 
‘‘(3) provide operational plans and requirements 
for standard operating procedures and contingency 
operations; 
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‘‘(4) plan and execute joint task force activities 
within their areas of responsibility, as determined by 
the Secretary; 
‘‘(5) set and accomplish strategic objectives 
through integrated operational planning and execu-
tion; 
‘‘(6) exercise operational direction over personnel 
and equipment from Department components and of-
fices allocated to the respective Joint Task Force to 
accomplish task force objectives; 
‘‘(7) establish operational and investigative pri-
orities within the Director’s operating areas; 
‘‘(8) coordinate with foreign governments and 
other Federal, State, and local agencies, where appro-
priate, to carry out the mission of the Director’s Joint 
Task Force; 
‘‘(9) identify and provide to the Secretary the 
joint mission requirements necessary to secure the 
land and maritime borders of the United States; and 
‘‘(10) carry out other duties and powers the Sec-
retary determines appropriate. 
‘‘(f) PERSONNEL AND RESOURCES OF JOINT TASK 
FORCES.—The Secretary may, upon request of the Director 
of a Joint Task Force, allocate on a temporary basis compo-
nent and office personnel and equipment to the requesting 
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Joint Task Force, with appropriate consideration of risk 
given to the other primary missions of the Department. 
‘‘(g) COMPONENT RESOURCE AUTHORITY.—As di-
rected by the Secretary— 
‘‘(1) each Director of a Joint Task Force shall be 
provided sufficient resources from relevant compo-
nents and offices of the Department and the authority 
necessary to carry out the missions and responsibil-
ities required under this section; 
‘‘(2) the resources referred to in paragraph (1) 
shall be under the operational authority, direction, 
and control of the Director of the Joint Task Force 
to which such resources were assigned; and 
‘‘(3) the personnel and equipment of the Joint 
Task Forces shall remain under the administrative 
direction of its primary component or office. 
‘‘(h) JOINT TASK FORCE STAFF.—Each Joint Task 
Force shall have a staff to assist the Directors in carrying 
out the mission and responsibilities of the Joint Task 
Forces. Such staff shall be filled by officials from relevant 
components and offices of the Department. 
‘‘(i) ESTABLISHMENT OF PERFORMANCE METRICS.— 
The Secretary shall— 
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‘‘(1) establish performance metrics to evaluate 
the effectiveness of the Joint Task Forces in securing 
the land and maritime borders of the United States; 
‘‘(2) submit such metrics to the Committee on 
Homeland Security of the House of Representatives 
and the Committee on Homeland Security and Gov-
ernmental Affairs of the Senate by the date that is not 
later than 120 days after the date of the enactment 
of this section; and 
‘‘(3) submit to such Committees— 
‘‘(A) an initial report that contains the 
evaluation described in paragraph (1) by not 
later than January 31, 2017; and 
‘‘(B) a second report that contains such 
evaluation by not later than January 31, 2018. 
‘‘(j) JOINT DUTY TRAINING PROGRAM.— 
‘‘(1) IN GENERAL.—The Secretary shall establish 
a Department joint duty training program for the 
purposes of enhancing departmental unity of efforts 
and promoting workforce professional development. 
Such training shall be tailored to improve joint oper-
ations as part of the Joint Task Forces established 
under subsection (a). 
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‘‘(2) ELEMENTS.—The joint duty training pro-
gram established under paragraph (1) shall address, 
at minimum, the following topics: 
‘‘(A) National strategy. 
‘‘(B) Strategic and contingency planning. 
‘‘(C) Command and control of operations 
under joint command. 
‘‘(D) International engagement. 
‘‘(E) The Homeland Security Enterprise. 
‘‘(F) Border security. 
‘‘(G) Interagency collaboration. 
‘‘(H) Leadership. 
‘‘(3) OFFICERS AND OFFICIALS.—The joint duty 
training program established under paragraph (1) 
shall consist of— 
‘‘(A) one course intended for mid-level offi-
cers and officials of the Department assigned to 
or working with the Joint Task Forces, and 
‘‘(B) one course intended for senior officers 
and officials of the Department assigned to or 
working with the Joint Task Forces, 
to ensure a systematic, progressive, and career-long 
development of such officers and officials in coordi-
nating and executing Department-wide joint plan-
ning and operations. 
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‘‘(4) TRAINING REQUIRED.— 
‘‘(A) DIRECTORS
AND
DEPUTY
DIREC-
TORS.—Except as provided in subparagraph (C), 
each Joint Task Force Director and Deputy Di-
rector of a Joint Task Force shall complete the 
joint duty training program under this sub-
section prior to assignment to a Joint Task 
Force. 
‘‘(B) JOINT TASK FORCE STAFF.—All senior 
and mid-level officers and officials serving on the 
staff of a Joint Task Force shall complete the 
joint training program under this subsection 
within the first year of assignment to a Joint 
Task Force. 
‘‘(C) EXCEPTION.—Subparagraph (A) does 
not apply in the case of the initial Directors and 
Deputy Directors of a Joint Task Force. 
‘‘(k) 
ESTABLISHING
ADDITIONAL
JOINT
TASK 
FORCES.—The Secretary may establish additional Joint 
Task Forces for the purposes of— 
‘‘(1) coordinating operations along the northern 
border of the United States; 
‘‘(2) preventing and responding to homeland se-
curity crises, as determined by the Secretary; 
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‘‘(3) establishing other regionally-based oper-
ations; or 
‘‘(4) cybersecurity. 
‘‘(l) NOTIFICATION.— 
‘‘(1) IN GENERAL.—The Secretary shall submit a 
notification to the Committee on Homeland Security 
of the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs of the 
Senate 90 days prior to the establishment of an addi-
tional Joint Task Force under subsection (k). 
‘‘(2) WAIVER AUTHORITY.—The Secretary may 
waive the requirement of paragraph (1) in the event 
of an emergency circumstance that imminently 
threatens the protection of human life or the protec-
tion of property. 
‘‘(m) REVIEW.— 
‘‘(1) IN GENERAL.—The Inspector General of the 
Department shall conduct a review of the Joint Task 
Forces established under this section. 
‘‘(2) CONTENTS.—The review required under 
paragraph (1) shall include an assessment of the effec-
tiveness of the Joint Task Force structure in securing 
the land and maritime borders of the United States, 
together with recommendations for enhancements to 
such structure to further strengthen border security. 
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‘‘(3) SUBMISSION.—The Inspector General of the 
Department shall submit to the Committee on Home-
land Security of the House of Representatives and the 
Committee on Homeland Security and Governmental 
Affairs of the Senate a report that contains the review 
required under paragraph (1) by not later than Jan-
uary 31, 2018. 
‘‘(n) DEFINITION.—In this section, the term ‘situa-
tional awareness’ means a knowledge and unified under-
standing of unlawful cross-border activity, including 
threats and trends concerning illicit trafficking and unlaw-
ful crossings, and the ability to forecast future shifts in such 
threats and trends, the ability to evaluate such threats and 
trends at a level sufficient to create actionable plans, and 
the operational capability to conduct continuous and inte-
grated surveillance of the land and martime borders of the 
United States. 
‘‘(o) SUNSET.—This section expires on September 30, 
2018. 
‘‘SEC. 436. UPDATES OF MARITIME OPERATIONS COORDINA-
TION PLAN. 
‘‘(a) IN GENERAL.—Not later than 180 days after the 
enactment of this section, the Secretary shall submit to the 
Committee on Homeland Security of the House of Rep-
resentatives and the Committee on Homeland Security and 
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Governmental Affairs of the Senate a maritime operations 
coordination plan for the coordination and cooperation of 
maritime operations undertaken by components and offices 
of the Department with responsibility for maritime security 
missions. Such plan shall update the maritime operations 
coordination plan released by the Department in July 2011, 
and shall address the following: 
‘‘(1) Coordination of planning, integration of 
maritime operations, and development of joint situa-
tional awareness of any component or office of the 
Department with responsibility for maritime home-
land security missions. 
‘‘(2) Maintaining effective information sharing 
and, as appropriate, intelligence integration, with 
Federal, State, and local officials and the private sec-
tor, regarding threats to maritime security. 
‘‘(3) Leveraging existing departmental coordina-
tion mechanisms, including the interagency oper-
ational centers as authorized under section 70107A of 
title 46, United States Code, Coast Guard’s Regional 
Coordinating Mechanisms, the U.S. Customs and 
Border Protection Air and Marine Operations Center, 
the U.S. Customs and Border Protection Operational 
Integration Center, and other regional maritime oper-
ational command centers. 
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‘‘(4) Cooperation and coordination with other 
departments and agencies of the Federal Government, 
and State and local agencies, in the maritime envi-
ronment, in support of maritime homeland security 
missions. 
‘‘(5) Work conducted within the context of other 
national and Department maritime security strategic 
guidance. 
‘‘(b) ADDITIONAL UPDATES.—Not later than July 1, 
2020, the Secretary, acting through the Department’s Office 
of Operations Coordination and Planning, shall submit to 
the Committee on Homeland Security of the House of Rep-
resentatives and the Committee on Homeland Security and 
Governmental Affairs of the Senate an update to the mari-
time operations coordination plan required under sub-
section (a).’’. 
(b) LOCATION
AND REPORTING STRUCTURE.—The 
Secretary of Homeland Security may not change the loca-
tion or reporting structure of the Office of Biometric Iden-
tity Management (established pursuant to section 420 of the 
Homeland Security Act of 2002, as added by subsection (a) 
of this section) unless the Secretary of Homeland Security 
receives prior authorization from Congress permitting such 
change. 
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(c) CLERICAL AMENDMENT.—The table of contents in 
section 1(b) of the Homeland Security Act of 2002 is 
amended by adding after the item relating to section 433 
the following new items: 
‘‘Sec. 434. Establishment of the Office of Biometric Identity Management. 
‘‘Sec. 435. Border Security Joint Task Forces. 
‘‘Sec. 436. Updates of maritime operations coordination plan.’’. 
SEC. 4. PUBLIC PRIVATE PARTNERSHIPS. 
(a) IN GENERAL.—Title IV of the Homeland Security 
Act of 2002 (6 U.S.C. 201 et seq.) is amended by adding 
at the end the following new subtitle: 
‘‘Subtitle G—U.S. Customs and Bor-
der Protection Public Private 
Partnerships 
‘‘SEC. 481. FEE AGREEMENTS FOR CERTAIN SERVICES AT 
PORTS OF ENTRY. 
‘‘(a) IN GENERAL.—Notwithstanding section 13031(e) 
of the Consolidated Omnibus Budget Reconciliation Act of 
1985 (19 U.S.C. 58c(e)) and section 451 of the Tariff Act 
of 1930 (19 U.S.C. 1451), the Commissioner of U.S. Cus-
toms and Border Protection for border security, port secu-
rity, transportation security, or counter-terrorism purposes, 
may, upon the request of any entity, enter into a fee agree-
ment with such entity under which— 
‘‘(1) U.S. Customs and Border Protection shall 
provide services described in subsection (c) at a 
United States port of entry or any other facility at 
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which U.S. Customs and Border Protection provides 
or will provide such services; 
‘‘(2) such entity shall remit to U.S. Customs and 
Border Protection a fee imposed under subsection (e) 
in an amount equal to the full costs that are incurred 
or will be incurred in providing such services; and 
‘‘(3) each facility at which U.S. Customs and 
Border Protection services are performed shall be pro-
vided, maintained, and equipped by such entity, 
without cost to the Federal Government, in accord-
ance with U.S. Customs and Border Protection speci-
fications. 
‘‘(b) SERVICES DESCRIBED.—The services described in 
this section are any activities of any employee or contractor 
of U.S. Customs and Border Protection pertaining to, or 
in support of, customs, agricultural processing, border secu-
rity, or immigration inspection-related matters at a port 
of entry or any other facility at which U.S. Customs and 
Border Protection provides or will provide services. 
‘‘(c) LIMITATIONS.— 
‘‘(1) IMPACTS OF SERVICES.—The Commissioner 
of U.S. Customs and Border Protection— 
‘‘(A) may enter into fee agreements under 
this section only for services that will increase or 
enhance the operational capacity of U.S. Cus-
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toms and Border Protection based on available 
staffing and workload and that will not shift the 
cost of services funded in any appropriations 
Act, or provided from any account in the Treas-
ury of the United States derived by the collection 
of fees, to entities under this Act; and 
‘‘(B) may not enter into a fee agreement 
under this section if such agreement would un-
duly and permanently impact services funded in 
any appropriations Act, or provided from any 
account in the Treasury of the United States, de-
rived by the collection of fees. 
‘‘(2) NUMBER.—There shall be no limit to the 
number of fee agreements that the Commissioner of 
U.S. Customs and Border Protection may enter into 
under this section. 
‘‘(d) FEE.— 
‘‘(1) IN GENERAL.—The amount of the fee to be 
charged pursuant to an agreement authorized under 
subsection (a) shall be paid by each entity requesting 
U.S. Customs and Border Protection services, and 
shall be for the full cost of providing such services, in-
cluding the salaries and expenses of employees and 
contractors of U.S. Customs and Border Protection, to 
provide such services and other costs incurred by U.S. 
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Customs and Border Protection relating to such serv-
ices, such as temporary placement or permanent relo-
cation of such employees and contractors. 
‘‘(2) TIMING.—The Commissioner of U.S. Cus-
toms and Border Protection may require that the fee 
referred to in paragraph (1) be paid by each entity 
that has entered into a fee agreement under subsection 
(a) with U.S. Customs and Border Protection in ad-
vance of the performance of U.S. Customs and Border 
Protection services. 
‘‘(3) OVERSIGHT OF FEES.—The Commissioner 
of U.S. Customs and Border Protection shall develop 
a process to oversee the services for which fees are 
charged pursuant to an agreement under subsection 
(a), including the following: 
‘‘(A) A determination and report on the full 
costs of providing such services, as well as a 
process for increasing such fees, as necessary. 
‘‘(B) Establishment of a periodic remittance 
schedule to replenish appropriations, accounts, 
or funds, as necessary. 
‘‘(C) Identification of costs paid by such 
fees. 
‘‘(e) DEPOSIT OF FUNDS.— 
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‘‘(1) ACCOUNT.—Funds collected pursuant to 
any agreement entered into under subsection (a) shall 
be deposited as offsetting collections, shall remain 
available until expended without fiscal year limita-
tion, and shall be credited to the applicable appro-
priation, account, or fund for the amount paid out of 
such appropriation, account, or fund for any expenses 
incurred or to be incurred by U.S. Customs and Bor-
der Protection in providing U.S. Customs and Border 
Protection services under any such agreement and 
any other costs incurred or to be incurred by U.S. 
Customs and Border Protection relating to such serv-
ices. 
‘‘(2) RETURN OF UNUSED FUNDS.—The Commis-
sioner of U.S. Customs and Border Protection shall 
return any unused funds collected and deposited into 
the account described in paragraph (1) in the event 
that a fee agreement entered into under subsection (a) 
is terminated for any reason, or in the event that the 
terms of such fee agreement change by mutual agree-
ment to cause a reduction of U.S. Customs and Bor-
der Protections services. No interest shall be owed 
upon the return of any such unused funds. 
‘‘(f) TERMINATION.— 
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‘‘(1) IN GENERAL.—The Commissioner of U.S. 
Customs and Border Protection shall terminate the 
provision of services pursuant to a fee agreement en-
tered into under subsection (a) with an entity that, 
after receiving notice from the Commissioner that a 
fee under subsection (d) is due, fails to pay such fee 
in a timely manner. In the event of such termination, 
all costs incurred by U.S. Customs and Border Pro-
tection which have not been paid shall become imme-
diately due and payable. Interest on unpaid fees shall 
accrue based on the rate and amount established 
under sections 6621 and 6622 of the Internal Revenue 
Code of 1986. 
‘‘(2) PENALTY.—Any entity that, after notice 
and demand for payment of any fee under subsection 
(d), fails to pay such fee in a timely manner shall be 
liable for a penalty or liquidated damage equal to two 
times the amount of such fee. Any such amount col-
lected pursuant to this paragraph shall be deposited 
into the appropriate account specified under sub-
section (e) and shall be available as described in such 
subsection. 
‘‘(g) ANNUAL REPORT.—The Commissioner of U.S. 
Customs and Border Protection shall submit to the Com-
mittee on Homeland Security and the Committee on Appro-
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priations of the House of Representatives and the Com-
mittee on Homeland Security and Governmental Affairs 
and the Committee on Appropriations of the Senate an an-
nual report identifying the activities undertaken and the 
agreements entered into pursuant to this section. 
‘‘SEC. 482. PORT OF ENTRY DONATION AUTHORITY. 
‘‘(a) AGREEMENTS AUTHORIZED.— 
‘‘(1) IN GENERAL.—The Commissioner of U.S. 
Customs and Border Protection, in collaboration with 
the Administrator of the General Services Adminis-
tration as applicable under subsection (f), may enter 
into an agreement with any entity to accept a dona-
tion of real or personal property, including monetary 
donations, or nonpersonal services, for uses described 
in subsection (c) at a new or existing land, sea, or 
air port of entry, or any facility or other infrastruc-
ture at a location at which U.S. Customs and Border 
Protection performs or will be performing inspection 
services. 
‘‘(2) GSA.—If the Administrator of the General 
Services Administration owns or leases a new or ex-
isting land port of entry at a location at which U.S. 
Customs and Border Protection performs or will be 
performing inspection services, the Administrator, in 
collaboration with the Commissioner of U.S. Customs 
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(ii) in paragraph (1), by striking 
‘‘Customs Service’’ and inserting ‘‘U.S. 
Customs and Border Protection’’. 
SEC. 15. REPEALS. 
The following provisions of the Security and Account-
ability for Every Port Act of 2006 (Public Law 109–347) 
are repealed: 
(1) Section 105 (and the item relating to such 
section in the table of contents of such Act). 
(2) Subsection (c) of section 108. 
(3) Subsections (c), (d), and (e) of section 121 (6 
U.S.C. 921). 
(4) Section 122 (6 U.S.C. 922) (and the item re-
lating to such section in the table of contents of such 
Act). 
(5) Section 127 (and the item relating to such 
section in the table of contents of such Act). 
(6) Subsection (c) of section 233 (6 U.S.C. 983). 
(7) Section 235 (6 U.S.C. 984) (and the item re-
lating to such section in the table of contents of such 
Act). 
(8) Section 701 (and the item relating to such 
section in the table of contents of such Act). 
(9) Section 708 (and the item relating to such 
section in the table of contents of such Act). 
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