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H.R. 3586 (114th): Border and Maritime Coordination Improvement Act

The text of the bill below is as of Sep 22, 2015 (Introduced).

Source: GPO

I

114th CONGRESS

1st Session

H. R. 3586

IN THE HOUSE OF REPRESENTATIVES

September 22, 2015

(for herself and Mr. McCaul) introduced the following bill; which was referred to the Committee on Homeland Security, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To amend the Homeland Security Act of 2002 to improve border and maritime security coordination in the Department of Homeland Security, and for other purposes.

1.

Short title

This Act may be cited as the Border and Maritime Coordination Improvement Act.

2.

Border and maritime security efficiencies

(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 sections:

420.

Establishment of the Office of Biometric Identity Management

(a)

Establishment

There is established within the Department an agency to be known as the Office of Biometric Identity Management.

(b)

Director

(1)

In general

There shall be at the head of the Office of Biometric Identity Management a Director of the Office of Biometric Identity Management (in this section referred to as the Director).

(2)

Qualifications and duties

The Director shall—

(A)

have a minimum of five years professional management experience;

(B)

lead the Department’s biometric identity services to support anti-terrorism, counter-terrorism, border security, national security, and public safety and enable operational missions across the Department by matching, storing, sharing, and analyzing biometric data;

(C)

deliver biometric identity information and analysis capabilities to—

(i)

the Department and its components;

(ii)

appropriate Federal, state, local, and tribal agencies;

(iii)

appropriate foreign governments; and

(iv)

appropriate private sector entities;

(D)

support the law enforcement, public safety, national security, and homeland security missions of other Federal, state, local and tribal agencies;

(E)

establish and manage the operation and maintenance of the Department’s biometric repository;

(F)

establish, manage, and operate Biometric Support Centers to provide biometric identification and verification services to the Department, appropriate Federal, state, local, and tribal agencies, appropriate foreign governments, and appropriate private sector entities;

(G)

in collaboration with the Undersecretary for Science and Technology, establish a Department-wide research and development program to support efforts in assessment, development, 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 relevant component offices, enter into data sharing agreements with appropriate Federal agencies to support immigration, law enforcement, national security, and public safety missions; and

(J)

carry out the duties and powers prescribed by law or delegated by the Secretary.

(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 Technology Officer.

(2)

Duties

The Chief Technology Officer shall—

(A)

ensure compliance with policies, processes, standards, guidelines, and procedures related to information technology systems management, enterprise architecture, and data management;

(B)

provide engineering and enterprise architecture guidance and direction to the Office of Biometric Identity Management; and

(C)

leverage emerging biometric technologies 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)

Privacy Officer

There shall be in the Office of Biometric Identity Management a Privacy Officer who shall ensure privacy protections and transparency in all Office activities, and conduct reviews of data sharing with external partners to ensure compliance with legal, policy, and privacy restrictions.

(f)

Other authorities

(1)

In general

The Director may establish such other Division Directors, agents, officers, and other offices of the Office of Biometric Identity Management as the Director determines necessary to carry out the missions, duties, functions, and authorities of the Office.

(2)

Notification

If the Director exercises the authority provided pursuant to paragraph (1), the Director shall notify the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate not later than 30 days before exercising such authority.

420A.

Border Security Joint Task Forces

(a)

Establishment

The Secretary may 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 international 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 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 operate and be located in a place or region determined by the Secretary.

(3)

Joint Task Force–Investigation

Joint Task Force–Investigation 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 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 Department.

(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–Investigation shall be a senior official of U.S. Immigration and Customs Enforcement.

(d)

Joint Task Force Deputy Directors

The Secretary shall appoint two Deputy Directors for each Joint Task Force. The Deputy Directors of a Joint Task Force shall be officials of a different component or office than the Director of each Joint Task Force.

(e)

Responsibilities

Each Joint Task Force Director 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 execution;

(6)

exercise operational direction over personnel and equipment from Department components and offices allocated to the respective Joint Task Force to accomplish task force objectives;

(7)

establish operational and investigative priorities within the Director’s operating areas;

(8)

coordinate with foreign governments and other Federal, State, and local agencies, where appropriate, 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 execute the strategic plan to secure the land and maritime borders of the United States referred to in subsection (a); and

(10)

carry out other duties and powers the Secretary determines appropriate.

(f)

Personnel and resources of Joint Task Forces

The heads of components and offices of the Department shall, upon request of the Director of a Joint Task Force, provide personnel and equipment to the requesting Joint Task Force on a temporary basis, if doing so does not affect the capability of such component or office to conduct its primary missions.

(g)

Component resource authority

As directed by the Secretary—

(1)

each Director of a Joint Task Force shall be provided sufficient resources from relevant components and offices of the Department and the authority necessary to carry out the missions and responsibilities 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)

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 security crises, as determined by the Secretary;

(3)

establishing other regionally based operations; or

(4)

cybersecurity.

(j)

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 Reform of the Senate 90 days prior to the establishment of an additional Joint Task Force under subsection (i).

(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 protection of property.

(k)

Definition

In this section, the term situational awareness means a knowledge and unified understanding of unlawful cross-border activity, including threats and trends concerning illicit trafficking and unlawful 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 integrated surveillance of the international borders of the United States.

(l)

Sunset

This section expires on September 30, 2018.

420B.

Updates of maritime operations coordination 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 Representatives and the Committee on Homeland Security and 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 situational awareness of any component or office of the Department with responsibility for maritime 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 coordination mechanisms, including the interagency operational 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 operational command centers.

(4)

Cooperation and coordination with other departments and agencies of the Federal Government, and State and local agencies, in the maritime environment, 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 Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate an update to the maritime operations coordination plan required under subsection (a).

420C.

U.S. Customs and Border Protection Office of Air and Marine Operations asset deployment

(a)

In general

Any new asset deployment 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 mission needs, 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 include, 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-effective 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, 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 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 Department, including the DHS Aviation Concept of Operations.

(6)

Other strategic and acquisition guidance promulgated by the Federal Government as the Secretary 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 Department 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 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 border of California that may be suitable for establishing Office of Air and Marine Operations marine interdiction stations.

420D.

Securing the Transportation Worker Identification Credential against use by unauthorized aliens

(a)

In general

Not later than 180 days after the date of enactment of this section, the Secretary shall establish a process to ensure, to the maximum extent practicable, that an individual who is not lawfully present in the United States cannot obtain or continue to use a Transportation Worker Identification Credential (in this section referred to as the TWIC).

(b)

Components

In establishing the process under subsection (a), the Secretary shall—

(1)

publish a list of documents that will identify non-United States citizen TWIC applicants and verify the immigration statuses of such applicants by requiring each such applicant to produce a document or documents that demonstrate—

(A)

identity; and

(B)

proof of lawful presence in the United States; and

(2)

establish training requirements to ensure that trusted agents at TWIC enrollment centers receive training to identify fraudulent documents.

(c)

Expiration of TWICs

A TWIC expires on the date of its expiration, or on the date on which the individual to whom such a TWIC is issued is no longer lawfully present in the United States, whichever is earlier.

.

(b)

Location and reporting structure

The Secretary of Homeland Security may not change the location or reporting structure of the Office of Biometric Identity 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.

(c)

Clerical amendment

The table of contents in section 1(b) of the Homeland Security Act is amended by adding after the item relating to section 419 the following new item:

Sec. 420. Establishment of the Office of Biometric Identity Management.

Sec. 420A. Border Security Joint Task Forces.

Sec. 420B. Updates of maritime operations coordination plan.

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

Sec. 420D. Securing the Transportation Worker Identification Credential against use by unauthorized aliens.

.

3.

Cost-benefit analysis of co-locating operational entities

(a)

In general

For all locations in which U.S. Customs and Border Protection’s Office of Air and Marine Operations operates that are within 45 miles of locations where any other Department of Homeland Security agency also operates air and marine assets, the Secretary of Homeland Security shall conduct a cost-benefit analysis to consider the potential cost of and savings derived from co-locating aviation and maritime operational assets of the respective agencies of the Department. In analyzing such potential cost savings achieved by sharing aviation and maritime facilities, such analysis shall consider, at a minimum, the following factors:

(1)

Potential enhanced cooperation derived from Department personnel being co-located.

(2)

Potential cost of, and savings derived through, shared maintenance and logistics facilities and activities.

(3)

Joint use of base and facility infrastructure, such as runways, hangars, control towers, operations centers, piers and docks, boathouses, and fuel depots.

(4)

Short term moving costs required in order to co-locate facilities.

(5)

Acquisition and infrastructure costs for enlarging current facilities, as needed.

(b)

Report

Not later than one year after the date of the enactment of this Act, the Secretary of Homeland Security shall 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 summarizing the results of the cost-benefit analysis required under subsection (a) and any planned actions based upon such results.

4.

Evaluation of Coast Guard Deployable Specialized Forces

(a)

In general

Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Homeland Security and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Commerce, Science, and Transportation of the Senate a report that describes and assesses the state of the Coast Guard’s Deployable Specialized Forces (in this section referred to as the DSF). Such report shall include, at a minimum, the following elements:

(1)

For each of the past three fiscal years, and for each type of DSF, the following:

(A)

A cost analysis, including training, operating, and travel costs.

(B)

The number of personnel assigned.

(C)

The total number of units.

(D)

The total number of missions conducted.

(E)

The number of missions requested by each of the following:

(i)

The Coast Guard.

(ii)

Other components or offices of the Department of Homeland Security.

(iii)

Other Federal departments or agencies.

(iv)

State agencies.

(v)

Local agencies.

(F)

The number of missions fulfilled by the entities specified in subparagraph (E).

(2)

Mission impact, feasibility, and cost, including future cost savings, of consolidating DSF capabilities, including the following scenarios:

(A)

Combining DSFs, primarily focused on counterdrug operations, under one centralized command.

(B)

Distributing counter-terrorism and anti-terrorism capabilities to DSFs in each major United States port.

(C)

Establishing an enhanced DSF in the highest risk port on the East coast of the United States and the highest risk port on the West coast of the United States that would be capable of supplementing DSF capabilities in other ports on each of such coasts for high threat operations.

(b)

Deployable Specialized Force defined

In this section, the term Deployable Specialized Force means a unit of the Coast Guard that serves as a quick reaction force designed to be deployed to handle counter-drug, counter-terrorism, and anti-terrorism operations or other maritime threats to the United States.

5.

Customs-Trade Partnership Against Terrorism improvement

(a)

C-TPAT exporters

Section 212 of the Security and Accountability for Every Port Act of 2006 (6 U.S.C. 962) is amended by inserting exporters, after Importers,.

(b)

Recognition of other countries’ trusted shipper programs

(1)

In general

Section 218 of the Security and Accountability for Every Port Act of 2006 (6 U.S.C. 968) is amended to read as follows:

218.

Recognition of other countries’ trusted shipper programs

Not later than 30 days before signing an arrangement between the United States and a foreign government providing for mutual recognition of supply chain security practices which might result in the utilization of benefits described in section 214, 215, or 216, the Secretary shall—

(1)

notify the appropriate congressional committees of the proposed terms of such arrangement; and

(2)

determine, in consultation with the Commissioner, that such foreign government’s supply chain security program provides comparable security as that provided by C-TPAT.

.

(2)

Clerical amendment

The table of contents in section 1(b) of the SAFE Port Act is amended by amending the item relating to section 218 to read as follows:

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

.

6.

Strategic plan to enhance the security of the international supply chain

Paragraph (2) of subsection (g) of section 201 (6 U.S.C. 941) by amending paragraph (2) to read as follows:

(2)

Updates

Not later than 270 days after the date of the enactment of this paragraph and every three years thereafter, the Secretary shall submit to the appropriate congressional committees a report that contains an update of the strategic plan described in paragraph (1).

.

7.

Container Security Initiative

Subsection (l) of section 205 of the SAFE Port Act (6 U.S.C. 945) is amended—

(1)

by striking (1) In general.—Not later than September 30, 2007, and inserting Not later than 270 days after the date of the enactment of the Border and Maritime Security Coordination Improvement Act,; and

(2)

by striking paragraph (2).

8.

Repeals

The following provisions of the SAFE Port Act (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 relating to such section in the table of contents of such Act).

(5)

Section 126 (6 U.S.C. 925) (and the item relating to such section in the table of contents of such Act).

(6)

Section 127 (and the item relating to such section in the table of contents of such Act).

(7)

Subsection (d) of section 231 (6 U.S.C. 981).

(8)

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

(9)

Section 235 (6 U.S.C. 984) (and the item relating to such section in the table of contents of such Act).

(10)

Section 701 (and the item relating to such section in the table of contents of such Act).

(11)

Section 708 (and the item relating to such section in the table of contents of such Act).