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. Establishment of the Office of Biometric Identity Management. 
Sec. 6. Cost-benefit analysis of co-locating operational entities. 
Sec. 7. Strategic personnel plan for U.S. Customs and Border Protection per-
sonnel deployed abroad. 
Sec. 8. Threat assessment for United States-bound international mail. 
Sec. 9. Evaluation of Coast Guard Deployable Specialized Forces. 
Sec. 10. Customs-Trade Partnership Against Terrorism improvement. 
Sec. 11. Strategic plan to enhance the security of the international supply 
chain. 
Sec. 12. Container Security Initiative. 
Sec. 13. Transportation Worker Identification Credential waiver and appeals 
process. 
Sec. 14. Repeals. 
SEC. 2. U.S. CUSTOMS AND BORDER PROTECTION COORDI-
NATION. 
(a) IN GENERAL.—Subtitle B of title IV of the 
Homeland Security Act of 2002 (6 U.S.C. 211 et seq.) 
is amended by adding at the end the following new section: 
‘‘SEC. 420. IMMIGRATION COOPERATION PROGRAM. 
‘‘(a) IN GENERAL.—There is established within U.S. 
Customs and Border Protection a program to be known 
as the Immigration Cooperation Program. Under the Pro-
gram, U.S. Customs and Border Protection officers, pur-
suant to an arrangement with the government of a foreign 
country, may cooperate with authorities of that govern-
ment, air carriers, and security employees at airports lo-
cated in that country, to identify persons who may be in-
admissible to the United States or otherwise pose a risk 
to border security. 
‘‘(b) ACTIVITIES.—In carrying out the program, U.S. 
Customs and Border Protection officers posted in a for-
eign country under subsection (a) may— 
‘‘(1) be stationed at airports in that country, 
including for purposes of conducting risk assess-
ments and enhancing border security; 
‘‘(2) assist authorities of that government, air 
carriers, and security employees with document ex-
amination and traveler security assessments; 
‘‘(3) provide relevant training to air carriers, 
their security staff, and such authorities; 
‘‘(4) exchange information with, and provide 
technical assistance, equipment, and training to, 
such authorities to facilitate risk assessments of 
travelers and appropriate enforcement activities re-
lated to such assessments; 
‘‘(5) make recommendations to air carriers to 
deny boarding to potentially inadmissable travelers 
bound for the United States; and 
‘‘(6) conduct other activities, as appropriate, to 
protect the international borders of the United
States and facilitate the enforcement of United 
States laws, as directed by the Commissioner of U.S. 
Customs and Border Protection. 
‘‘SEC. 420A. AIR CARGO ADVANCE SCREENING. 
‘‘The Commissioner of U.S. Customs and Border 
Protection shall— 
‘‘(1) consistent with the requirements enacted 
by the Trade Act of 2002 (Public Law 107–210)— 
‘‘(A) establish a program for the collection 
by U.S. Customs and Border Protection of ad-
vance electronic information from air carriers 
and other persons and governments within the 
supply chain regarding cargo being transported 
to the United States by air; and 
‘‘(B) under such program, require that 
such information be transmitted by such per-
sons and governments at the earliest point 
practicable prior to loading of such cargo onto 
an aircraft destined to or transiting through the 
United States; and 
‘‘(2) coordinate with the Administrator for the 
Transportation Security Administration to identify 
opportunities where the information furnished in 
compliance with the program established under this 
section can be used to meet the requirements of a
program administered by the Administrator of the 
Transportation Security Administration. 
‘‘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 enact-
ment of this section, shall, to the greatest extent prac-
ticable, occur in accordance with a risk-based assessment 
that considers mission needs, validated requirements, per-
formance 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 include, at a minimum, the fol-
lowing: 
‘‘(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-ef-
fective way to reduce risk and achieve mission suc-
cess. 
‘‘(b) CONSIDERATIONS.—An assessment required 
under subsection (a) shall consider applicable Federal 
guidance, standards, and agency strategic and perform-
ance plans, including the following: 
‘‘(1) The most recent departmental Quadrennial 
Homeland Security Review under section 707, and 
any follow-up guidance related to such Review. 
‘‘(2) The Department’s Annual Performance 
Plans. 
‘‘(3) Department policy guiding use of inte-
grated risk management in resource allocation deci-
sions. 
‘‘(4) Department and U.S. Customs and Border 
Protection Strategic Plans and Resource Deploy-
ment 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 Of-
fice of Air and Marine Operations and submit to the Com-
mittee on Homeland Security of the House of Representa-
tives and the Committee on Homeland Security and Gov-
ernmental Affairs of the Senate a report on the compli-
ance of the Department with the requirements of this sec-
tion. 
‘‘(d) MARINE INTERDICTION STATIONS.—Not later 
than 180 days after the date of the enactment of this sec-
tion, the Commissioner of U.S. Customs and Border Pro-
tection shall submit to the Committee on Homeland Secu-
rity of the House of Representatives and the Committee 
on Homeland Security and Governmental Affairs of the 
Senate an identification of facilities owned by the Federal 
Government in strategic locations along the maritime bor-
der of California that may be suitable for establishing ad-
ditional Office of Air and Marine Operations marine inter-
diction stations. 
‘‘SEC. 420C. INTEGRATED BORDER ENFORCEMENT TEAMS. 
‘‘(a) ESTABLISHMENT.—The Secretary shall estab-
lish within the Department a program to be known as the 
Integrated 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 se-
curity; 
‘‘(3) facilitate collaboration among components 
and offices within the Department and international 
partners; 
‘‘(4) execute coordinated activities in further-
ance of border security and homeland security; and 
‘‘(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. Cus-
toms and Border Protection. 
‘‘(B) U.S. Immigration and Customs En-
forcement, led by Homeland Security Investiga-
tions.
‘‘(C) The Coast Guard, for the purpose of 
securing the maritime borders of the United 
States. 
‘‘(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. 
‘‘(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 con-
sider the following: 
‘‘(A) Whether the region in which the 
IBET would be established is significantly im-
pacted 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 In-
tegrated Cross-Border Maritime Law Enforce-
ment Operation Program established under sec-
tion 711 of the Coast Guard and Maritime 
Transportation Act of 2012 (46 U.S.C. 70101 
note) or the Border Enforcement Security Task 
Force established under section 432. 
‘‘(3) DUPLICATION
OF
EFFORTS.—In deter-
mining whether to establish a new IBET or to ex-
pand an existing IBET in a given region, the Sec-
retary shall ensure that the IBET under consider-
ation does not duplicate the efforts of other existing 
interagency task forces or centers within such re-
gion, including the Integrated Cross-Border Mari-
time Law Enforcement Operation Program estab-
lished under section 711 of the Coast Guard and 
Maritime Transportation Act of 2012 (46 U.S.C. 
70101 note) or the Border Enforcement Security 
Task Force established under section 432. 
‘‘(d) OPERATION.—
‘‘(1) IN GENERAL.—After determining the re-
gions in which to establish IBETs, the Secretary 
may— 
‘‘(A) direct the assignment of Federal per-
sonnel to such IBETs; and 
‘‘(B) take other actions to assist Federal, 
State, local, and tribal entities to participate in 
such IBETs, including providing financial as-
sistance, as appropriate, for operational, admin-
istrative, and technological costs associated with 
such participation. 
‘‘(2) LIMITATION.—Coast Guard personnel as-
signed under paragraph (1) may be assigned only 
for the purposes of securing the maritime borders of 
the United States, in accordance with subsection 
(c)(1)(C). 
‘‘(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 
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, in-
cluding the Committee on Homeland Security of the 
House of Representatives and the Committee on Home-
land Security and Governmental Affairs of the Senate, 
and in the case of Coast Guard personnel used to secure 
the maritime borders of the United States, additionally to 
the Committee on Transportation and Infrastructure of 
the House of Representatives, 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, 
including challenges faced by international partners; 
‘‘(3) addresses ways to support joint training 
for IBET stakeholder agencies and radio interoper-
ability to allow for secure cross-border radio commu-
nications; 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 
amended by adding after the item relating to section 419 
the following new item: 
‘‘Sec. 420. Immigration cooperation program. 
‘‘Sec. 420A. Air cargo advance screening. 
‘‘Sec. 420B. U.S. Customs and Border Protection Office of Air and Marine Op-
erations asset deployment. 
‘‘Sec. 420C. Integrated Border Enforcement Teams.’’. 
(c) DEADLINE FOR AIR CARGO ADVANCE SCREEN-
ING.—The Commissioner of U.S. Customs and Border 
Protection shall implement section 420A of the Homeland 
Security Act of 2002, as added by this section, by not later 
than one year after the date of the enactment of this Act. 
SEC. 3. BORDER AND MARITIME SECURITY EFFICIENCIES. 
(a) IN GENERAL.—Subtitle C of title IV of the 
Homeland Security Act of 2002 (6 U.S.C. 231 et seq.) 
is amended by adding at the end the following new sec-
tions: 
‘‘SEC. 434. BORDER SECURITY JOINT TASK FORCES. 
‘‘(a) ESTABLISHMENT.—The Secretary shall estab-
lish 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 operate and be located in a place or region de-
termined 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 operate and be located in a place or region de-
termined by the Secretary. 
‘‘(3) JOINT
TASK
FORCE–INVESTIGATIONS.— 
Joint Task Force-Investigations shall, at the direc-
tion 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 Sec-
retary shall appoint a Director to head each Joint Task 
Force. Each Director shall be senior official selected from 
a relevant component or office of the Department, rotating 
between 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 De-
partment. 
‘‘(c) INITIAL APPOINTMENTS.—The Secretary shall 
make the following appointments to the following Joint 
Task Forces: 
‘‘(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, to the greatest extent practicable, 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; 
‘‘(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 per-
sonnel and equipment from Department components 
and offices 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 ap-
propriate, 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 
Secretary determines appropriate. 
‘‘(f) PERSONNEL AND RESOURCES OF JOINT TASK 
FORCES.— 
‘‘(1) IN GENERAL.—The Secretary may, upon 
request of the Director of a Joint Task Force, allo-
cate on a temporary basis component and office per-
sonnel and equipment to the requesting Joint Task 
Force, with appropriate consideration of risk given 
to the other primary missions of the Department. 
‘‘(2) CONSIDERATION
OF
IMPACT.—When re-
viewing requests for allocation of component per-
sonnel and equipment under paragraph (1), the Sec-
retary shall consider the impact of such allocation on 
the ability of the donating component to carry out 
the primary missions of the Department, and in the 
case of the Coast Guard, the missions specified in 
section 888. 
‘‘(3) LIMITATION.—Personnel and equipment of 
the Coast Guard allocated under this subsection may 
only be used to carry out operations and investiga-
tions related to securing the maritime borders of the 
United States. 
‘‘(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 com-
ponents and offices of the Department and the au-
thority necessary to carry out the missions and re-
sponsibilities 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— 
‘‘(1) establish performance metrics to evaluate 
the effectiveness of the Joint Task Forces in secur-
ing 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, and in the case of 
metrics related to securing the maritime borders of 
the United States, additionally to the Committee on 
Transportation and Infrastructure of the House of 
Representatives, by the date that is not later than 
120 days after the date of the enactment of this sec-
tion; 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 estab-
lish a Department joint duty training program for 
the purposes of enhancing departmental unity of ef-
forts and promoting workforce professional develop-
ment. Such training shall be tailored to improve 
joint operations as part of the Joint Task Forces es-
tablished under subsection (a). 
‘‘(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 offi-
cers 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. 
‘‘(4) TRAINING REQUIRED.— 
‘‘(A) DIRECTORS
AND
DEPUTY
DIREC-
TORS.—Except as provided in subparagraph
(C), each Joint Task Force Director and Dep-
uty Director of a Joint Task Force shall com-
plete relevant parts of the joint duty training 
program under this subsection prior to assign-
ment to a Joint Task Force. 
‘‘(B) JOINT TASK FORCE STAFF.—All sen-
ior and mid-level officers and officials serving 
on the staff of a Joint Task Force shall com-
plete relevant parts of the joint duty 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) homeland security crises, subject to sub-
section (l); 
‘‘(3) establishing other regionally-based oper-
ations; or 
‘‘(4) cybersecurity.
‘‘(l) LIMITATION
ON
ADDITIONAL
JOINT
TASK 
FORCES.— 
‘‘(1) IN GENERAL.—The Secretary may not es-
tablish a Joint Task Force for any major disaster or 
emergency declared under the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5121 et seq.) or an incident for which the 
Federal Emergency Management Agency has pri-
mary responsibility for management of the response 
under title V of this Act, including section 
504(a)(3)(A), unless the responsibilities of the Joint 
Task Force— 
‘‘(A) do not include operational functions 
related to incident management, including co-
ordination of operations; and 
‘‘(B) are consistent with the requirements 
of sections 509(c), 503(c)(3), and 503(c)(4)(A) 
of this Act and section 302 of the Robert T. 
Stafford Disaster Relief and Emergency Assist-
ance Act (42 U.S.C. 5143). 
‘‘(2) RESPONSIBILITIES AND FUNCTIONS NOT 
REDUCED.—Nothing in this section reduces the re-
sponsibilities or functions of the Federal Emergency 
Management Agency or the Administrator of the 
Federal Emergency Management Agency under title
V of this Act, provisions of law enacted by the Post- 
Katrina Emergency Management Reform Act of 
2006 (Public Law 109–295), and other laws, includ-
ing the diversion of any asset, function, or mission 
from the Federal Emergency Management Agency 
or the Administrator of the Federal Emergency 
Management Agency pursuant to section 506. 
‘‘(m) NOTIFICATION.— 
‘‘(1) IN GENERAL.—The Secretary shall submit 
a notification to the Committee on Homeland Secu-
rity of the House of Representatives and the Com-
mittee on Homeland Security and Governmental Af-
fairs of the Senate, and in the case of a Joint Task 
Force in which the Coast Guard will participate or 
a Joint Task Force established under paragraph (2) 
or (3) of subsection (k) to the Committee on Trans-
portation and Infrastructure of the House of Rep-
resentatives, 90 days prior to the establishment of 
the Joint Task Force. 
‘‘(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. 
‘‘(n) 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 ef-
fectiveness of the Joint Task Force structure in se-
curing the land and maritime borders of the United 
States, together with recommendations for enhance-
ments to such structure to further strengthen border 
security. 
‘‘(3) SUBMISSION.—The Inspector General of 
the Department shall submit to the Committee on 
Homeland Security and the Committee on Transpor-
tation and Infrastructure of the House of Represent-
atives 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 January 31, 2018. 
‘‘(o) 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 contin-
uous and integrated surveillance of the land and maritime 
borders of the United States. 
‘‘(p) SUNSET.—This section expires on September 
30, 2018. 
‘‘SEC. 435. UPDATES OF MARITIME OPERATIONS COORDI-
NATION 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 and the Com-
mittee on Transportation and Infrastructure of the House 
of Representatives and the Committee on Homeland Secu-
rity and Governmental Affairs of the Senate a maritime 
operations coordination plan for the coordination and co-
operation of maritime operations undertaken by compo-
nents and offices of the Department with responsibility for 
maritime security missions. Such plan shall update the 
maritime operations coordination plan released by the De-
partment in July 2011, and shall address the following: 
‘‘(1) Coordination of planning, integration of 
maritime operations, and development of joint mari-
time domain awareness efforts of any component or 
office of the Department with responsibility for mar-
itime homeland security missions.
‘‘(2) Maintaining effective information sharing 
and, as appropriate, intelligence integration, with 
Federal, State, and local officials and the private 
sector, regarding threats to maritime security. 
‘‘(3) Leveraging existing departmental coordi-
nation mechanisms, including the interagency oper-
ational centers as authorized under section 70107A 
of title 46, United States Code, Coast Guard’s Re-
gional 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 operational command centers. 
‘‘(4) Cooperation and coordination with other 
departments and agencies of the Federal Govern-
ment, and State and local agencies, in the maritime 
environment, in support of maritime homeland secu-
rity 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 Of-
fice of Operations Coordination and Planning, shall sub-
mit to the Committee on Homeland Security and the Com-
mittee on Transportation and Infrastructure of the House 
of Representatives and the Committee on Homeland Secu-
rity and Governmental Affairs of the Senate an update 
to the maritime operations coordination plan required 
under subsection (a).’’. 
(b) 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. Border Security Joint Task Forces. 
‘‘Sec. 435. Updates of maritime operations coordination plan.’’. 
SEC. 4. PUBLIC-PRIVATE PARTNERSHIPS. 
(a) IN GENERAL.—Title IV of the Homeland Secu-
rity 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 Reconcili-
ation Act of 1985 (19 U.S.C. 58c(e)) and section 451 of 
the Tariff Act of 1930 (19 U.S.C. 1451), the Commis-
sioner of U.S. Customs and Border Protection may, upon
the request of any entity, enter into a fee agreement 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 
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 sub-
section (e) in an amount equal to the full costs that 
are incurred or will be incurred in providing such 
services; and 
‘‘(3) if space is provided by such entity, each 
facility at which U.S. Customs and Border Protec-
tion services are performed shall be maintained and 
equipped by such entity, without cost to the Federal 
Government, in accordance with U.S. Customs and 
Border Protection specifications. 
‘‘(b) SERVICES DESCRIBED.—The services described 
in this section are any activities of any employee or con-
tractor of U.S. Customs and Border Protection pertaining 
to, or in support of, customs, agricultural processing, bor-
der security, 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 Commis-
sioner 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. 
Customs and Border Protection based on avail-
able staffing and workload and that will not 
shift the cost of services funded in any appro-
priations Act, or provided from any account in 
the Treasury 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, 
derived 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 re-
questing U.S. Customs and Border Protection serv-
ices, and shall be for the full cost of providing such 
services, including the salaries and expenses of em-
ployees and contractors of U.S. Customs and Border 
Protection, to provide such services and other costs 
incurred by U.S. Customs and Border Protection re-
lating to such services, such as temporary placement 
or permanent relocation of such employees and con-
tractors. 
‘‘(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 sub-
section (a) with U.S. Customs and Border Protec-
tion in advance 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 remit-
tance schedule to replenish appropriations, ac-
counts, or funds, as necessary. 
‘‘(C) Identification of costs paid by such 
fees. 
‘‘(e) DEPOSIT OF FUNDS.— 
‘‘(1) ACCOUNT.—Funds collected pursuant to 
any agreement entered into under subsection (a) 
shall be deposited as offsetting collections, shall re-
main available until expended without fiscal year 
limitation, and shall be credited to the applicable ap-
propriation, 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 Border Protection in providing U.S. Customs 
and Border Protection services under any such 
agreement and any other costs incurred or to be in-
curred by U.S. Customs and Border Protection re-
lating to such services. 
‘‘(2) RETURN OF UNUSED FUNDS.—The Com-
missioner of U.S. Customs and Border Protection 
shall return any unused funds collected and depos-
ited 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 agreement to cause a reduction of U.S. 
Customs and Border Protections services. No inter-
est shall be owed upon the return of any such un-
used funds. 
‘‘(f) TERMINATION.— 
‘‘(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 termi-
nation, all costs incurred by U.S. Customs and Bor-
der Protection which have not been paid shall be-
come immediately due and payable. Interest on un-
paid fees shall accrue based on the rate and amount 
established under sections 6621 and 6622 of the In-
ternal Revenue Code of 1986. 
‘‘(2) PENALTY.—Any entity that, after notice 
and demand for payment of any fee under sub-
section (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 collected pursuant to this paragraph shall be 
deposited into the appropriate account specified 
under subsection (e) and shall be available as de-
scribed in such subsection. 
‘‘(g) ANNUAL REPORT.—The Commissioner of U.S. 
Customs and Border Protection shall submit to the Com-
mittee on Homeland Security, the Committee on Appro-
priations, and the Committee on Ways and Means of the 
House of Representatives and the Committee on Home-
land Security and Governmental Affairs, the Committee 
on Appropriations, and the Committee on Finance of the 
Senate an annual report identifying the activities under-
taken and the agreements entered into pursuant to this 
section. 
‘‘(h) RULE OF CONSTRUCTION.—Nothing in this sec-
tion may be construed as imposing in any manner on U.S. 
Customs and Border Protection any responsibilities, du-
ties, or authorities relating to real property. 
‘‘SEC. 482. PORT OF ENTRY DONATION AUTHORITY. 
‘‘(a) PERSONAL PROPERTY DONATION AUTHOR-
ITY.— 
‘‘(1) IN GENERAL.—The Commissioner of U.S. 
Customs and Border Protection, in consultation with
the Administrator of General Services, may enter 
into an agreement with any entity to accept a dona-
tion of personal property, money, or nonpersonal 
services for uses described in paragraph (3) only 
with respect to the following locations at which U.S. 
Customs and Border Protection performs or will be 
performing inspection services: 
‘‘(A) A new or existing sea or air port of 
entry. 
‘‘(B) An existing Federal Government- 
owned land port of entry. 
‘‘(C) A new Federal Government-owned 
land port of entry if— 
‘‘(i) the fair market value of the dona-
tion is $50,000,000 or less; and 
‘‘(ii) the fair market value, including 
any personal and real property donations 
in total, of such port of entry when com-
pleted, is $50,000,000 or less. 
‘‘(2) LIMITATION ON MONETARY DONATIONS.— 
Any monetary donation accepted pursuant to this 
subsection may not be used to pay the salaries of 
U.S. Customs and Border Protection employees per-
forming inspection services.
‘‘(3) USE.—Donations accepted pursuant to 
this subsection may be used for activities related to 
a new or existing sea or air port of entry or a new 
or existing Federal Government-owned land port of 
entry described in paragraph (1), including expenses 
related to— 
‘‘(A) furniture, fixtures, equipment, or 
technology, including installation or the deploy-
ment thereof; and 
‘‘(B) operation and maintenance of such 
furniture, fixtures, equipment, or technology. 
‘‘(b) REAL PROPERTY DONATION AUTHORITY.— 
‘‘(1) IN GENERAL.—Subject to paragraph (3), 
the Commissioner of U.S. Customs and Border Pro-
tection, and the Administrator of the General Serv-
ices Administration, as applicable, may enter into an 
agreement with any entity to accept a donation of 
real property or money for uses described in para-
graph (2) only with respect to the following locations 
at which U.S. Customs and Border Protection per-
forms or will be performing inspection services: 
‘‘(A) A new or existing sea or air port of 
entry. 
‘‘(B) An existing Federal Government- 
owned land port of entry.
‘‘(A) IN GENERAL.—The authority to enter 
into an agreement under this subsection shall 
terminate on the date that is five years after 
the date of the enactment of this subsection. 
‘‘(B) RULE OF CONSTRUCTION.—The ter-
mination date referred to in subparagraph (A) 
shall not apply to carrying out the terms of an 
agreement under this subsection if such agree-
ment is entered into before such termination 
date. 
‘‘(c) GENERAL PROVISIONS.— 
‘‘(1) DURATION.—An agreement entered into 
under subsection (a) or (b) (and, in the case of such 
subsection (b), in accordance with paragraph (4) of 
such subsection) may last as long as required to 
meet the terms of such agreement. 
‘‘(2) CRITERIA.—In carrying out agreements 
entered into under subsection (a) or (b), the Com-
missioner of U.S. Customs and Border Protection, 
in consultation with the Administrator of General 
Services, shall establish criteria that includes the fol-
lowing: 
‘‘(A) Selection and evaluation of donors. 
‘‘(B) Identification of roles and responsibil-
ities between U.S. Customs and Border Protec-
tion, the General Services Administration, as 
applicable, and donors. 
‘‘(C) Identification, allocation, and man-
agement of explicit and implicit risks of 
partnering between the Federal Government 
and donors. 
‘‘(C) Decision-making and dispute resolu-
tion processes. 
‘‘(D) Processes for U.S. Customs and Bor-
der Protection, and the General Services Ad-
ministration, as applicable, to terminate agree-
ments if selected donors are not meeting the 
terms of any such agreement, including the se-
curity standards established by U.S. Customs 
and Border Protection. 
‘‘(3) EVALUATION PROCEDURES.— 
‘‘(A) IN GENERAL.—The Commissioner of 
U.S. Customs and Border Protection, in con-
sultation with the Administrator of General 
Services, as applicable, shall— 
‘‘(i) establish criteria for evaluating a 
proposal to enter into an agreement under 
subsection (a) or (b); and 
‘‘(ii) make such criteria publicly avail-
able.
‘‘(B) CONSIDERATIONS.—Criteria estab-
lished pursuant to subparagraph (A) shall con-
sider the following: 
‘‘(i) The impact of a proposal referred 
to in such subparagraph on the land, sea, 
or air port of entry at issue and other 
ports of entry or similar facilities or other 
infrastructure near the location of the pro-
posed donation. 
‘‘(ii) Such proposal’s potential to in-
crease trade and travel efficiency through 
added capacity. 
‘‘(iii) Such proposal’s potential to en-
hance the security of the port of entry at 
issue. 
‘‘(iv) For a donation under subsection 
(b)— 
‘‘(I) whether such donation satis-
fies the requirements of such pro-
posal, or whether additional real prop-
erty would be required; and 
‘‘(II) an explanation of how such 
donation was acquired, including if 
eminent domain was used.
‘‘(v) The funding available to complete 
the intended use of such donation. 
‘‘(iv) The costs of maintaining and 
operating such donation. 
‘‘(v) The impact of such proposal on 
U.S. Customs and Border Protection staff-
ing requirements. 
‘‘(vi) Other factors that the Commis-
sioner or Administrator determines to be 
relevant. 
‘‘(C) 
DETERMINATION
AND
NOTIFICA-
TION.—Not later than 180 days after receiving 
a proposal to enter into an agreement under 
subsection (a) or (b), the Commissioner of U.S. 
Customs and Border Protection, with the con-
currence of the Administrator of General Serv-
ices, as applicable, shall make a determination 
to deny or approve such proposal, and shall no-
tify the entity that submitted such proposal of 
such determination. 
‘‘(4) SUPPLEMENTAL FUNDING.—Except as re-
quired under section 3307 of title 40, United States 
Code, for real property donations to the Adminis-
trator of General Services at a GSA-owned land port 
of entry, donations made pursuant to subsection (a)
and (b) may be used in addition to any other fund-
ing for such purpose, including appropriated funds, 
property, or services. 
‘‘(5) RETURN OF DONATIONS.—The Commis-
sioner of U.S. Customs and Border Protection, or 
the Administrator of General Services, as applicable, 
may return any donation made pursuant to sub-
section (a) or (b). No interest shall be owed to the 
donor with respect to any donation provided under 
such subsections that is returned pursuant to this 
subsection. 
‘‘(6) PROHIBITION ON CERTAIN FUNDING.—Ex-
cept as provided in subsections (a) and (b) regarding 
the acceptance of donations, the Commissioner of 
U.S. Customs and Border Protection and the Ad-
ministrator of General Services, as applicable, may 
not, with respect to an agreement entered into under 
either of such subsections, obligate or expend 
amounts in excess of amounts that have been appro-
priated pursuant to any appropriations Act for pur-
poses specified in either of such subsections or oth-
erwise made available for any of such purposes. 
‘‘(7) ANNUAL REPORTS.—The Commissioner of 
U.S. Customs and Border Protection, in collabora-
tion with the Administrator of General Services, as
applicable, shall submit to the Committee on Home-
land Security, the Committee on Transportation and 
Infrastructure, and the Committee on Appropria-
tions of the House of Representatives and the Com-
mittee on Homeland Security and Governmental Af-
fairs, the Committee on Environment and Public 
Works, and the Committee on Appropriations of the 
Senate an annual report identifying the activities 
undertaken and agreements entered into pursuant to 
subsections (a) and (b). 
‘‘(d) RULE OF CONSTRUCTION.—Except as otherwise 
provided in this section, nothing in this section may be 
construed as affecting in any manner the responsibilities, 
duties, or authorities of U.S. Customs and Border Protec-
tion or the General Services Administration. 
‘‘SEC. 483. CURRENT AND PROPOSED AGREEMENTS. 
‘‘Nothing in this subtitle may be construed as affect-
ing in any manner— 
‘‘(1) any agreement entered into pursuant to 
section 560 of division D of the Consolidated and 
Further Continuing Appropriations Act, 2013 (Pub-
lic Law 113–6) or section 559 of title V of division 
F of the Consolidated Appropriations Act, 2014 (6 
U.S.C. 211 note; Public Law 113–76), as in exist-
ence on the day before the date of the enactment of