Library / Laws / 113th / s / S. 2315 / Introduced in Senate
II
113th CONGRESS
2d Session
S. 2315
IN THE SENATE OF THE UNITED STATES
May 8, 2014
Mr. Schatz (for himself, Mr. Scott, and Mr. Begich) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs
A BILL
To expand the Global Entry Program and strengthen the Model Ports of Entry Program, and for other
purposes.
1.
Short title
This Act may be cited as the
Improving the Nation’s Visitors' International Travel Experience Act of 2014 or the INVITE Act of 2014.
2.
Purposes
The purposes of this Act are—
(1) to create a welcoming experience at United States ports of entry;
(2) to
encourage international travelers to visit the United States; and
(3) to support
jobs and economic prosperity for the Nation.
3.
Definitions
In this Act:
(1)
Appropriate congressional committees
The term appropriate congressional committees means—
(A) the Committee on Commerce, Science, and Transportation of the Senate;
(B) the Committee on Foreign Relations of the Senate;
(C) the Committee on Homeland Security and Governmental Affairs of the Senate;
(D) the Committee on Appropriations of the Senate;
(E) the Committee on Energy and Commerce of the House of Representatives;
(F) the Committee on Foreign Affairs of the House of Representatives;
(G) the Committee on Homeland Security of the House of Representatives; and
(H) the Committee on Appropriations of the House of Representatives.
(2)
Commissioner
The term Commissioner means the Commissioner of U.S. Customs and Border Protection.
(3)
Global entry program
The term Global Entry Program means the program described in section 235.12 of title 8, Code of Federal Regulations.
(4)
Model ports of entry program
The term Model Ports of Entry Program means the program established by the Secretary of Homeland Security under section 725 of the
Implementing Recommendations of the 9/11 Commission Act of 2007 (8 U.S.C.
1752a).
4.
Global Entry Program expansion
(a)
Coordination
The Secretary of State and the Secretary of Homeland Security
shall explore the feasibility of—
(1)
(A) coordinating the enrollment and interview processes for individuals who—
(i) are nationals of countries with which the
United States has a reciprocal trusted traveler program agreement; and
(ii) simultaneously apply for a United States visa and enroll in the
Global Entry Program; and
(B) collecting a single application fee from such applicants; and
(2) coordinating the passport application
and Global Entry Program enrollment processes for eligible United States
citizens.
(b)
Report
Not later than 6 months after the date of the enactment of this Act, the Secretary of State and the
Secretary of Homeland Security shall jointly submit, to the
appropriate congressional committees, a report
that describes—
(1) the status of bilateral negotiations to expand reciprocal trusted traveler programs such as the
Global
Entry Program;
(2) barriers to the expansion of the Global Entry Program;
(3) the number of United States citizens and nationals of other countries who are enrolled in the
Global
Entry Program, the NEXUS Program, or the SENTRI Program;
(4) the feasibility of coordinating Global Entry Program enrollment with the visa and passport
application processes;
(5) if the Secretaries determine that such coordination is infeasible, the specific reasons for such
determination; and
(6) the resources needed and the next steps that the Department of State and the Department of Homeland
Security would need to take to implement the coordinated Global Entry and
visa and passport application process described in subsection (a).
5.
Strengthening the Model Ports of Entry Program
(a)
In general
Section 725 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (8 U.S.C. 1752a)
is amended—
(1) in subsection (a)—
(A) in paragraph (1), by striking and at the end;
(B) in paragraph (2), by striking the period at the end and inserting ; and; and
(C) by adding at the end the following:
(3) modify the program, to the extent determined to be necessary by the Commissioner of U.S. Customs
and Border Protection, including by expanding the program beyond the 20
airports at which the program was initially implemented.
;
(2) by redesignating subsection (c) as subsection (e); and
(3) by inserting after subsection (b) the following:
(c)
Program metrics
(1)
Development
To ensure the effectiveness of the Model Ports of Entry Program (referred to in this subsection as
the program), the Commissioner of U.S. Customs
and Border Protection shall develop metrics to measure the performance of
the program, including metrics to measure customer satisfaction among
passengers using the ports of entry at the Model Ports of Entry
airports.
(2)
Report
Not later than 1 year after the date of the enactment of the INVITE Act of 2014, the Commissioner of U.S. Customs and Border Protection shall submit a report to the appropriate
congressional committees that includes—
(A) a list of the program airports;
(B) an explanation of how the program has been implemented at each program airport;
(C) an analysis of the program’s performance against the metrics established under
paragraph (1) to measure customer satisfaction;
(D) recommendations for improving public-private collaboration between U.S. Customs and Border
Protection, airports, and other industry stakeholders to improve the user
experience at United States ports of entry; and
(E) recommendations on whether the program should be expanded to more airports.
(d)
Model Ports of Entry Grant Program
(1)
Establishment
Not later than 1 year after the date of the enactment of the INVITE Act of 2014, the Secretary of Homeland Security shall establish the Model Ports of Entry Grant Program to
award, on a competitive basis, up to 10 grants of an amount deemed
appropriate by the Commissioner to airports designated by
the Commissioner of U.S. Customs and Border Protection to establish
public-private
sector collaboration to improve the international arrival process at
United States airports.
(2)
Source of funding
The funding for the grant program established under this subsection shall come from the operating
budget of U.S. Customs and Border Protection.
(3)
Matching grant
The Secretary may not make a grant to an airport under this subsection unless the airport agrees to
match the grant funding with an equal amount of non-Federal funds.
(4)
Use of funds
Grants received under the subsection—
(A) shall be used to improve the grantee’s international passenger processing facility in accordance
with the objectives of
the Model Ports of Entry Program through activities such as—
(i) the installation of informational television monitors;
(ii) improvements to queue management; and
(iii) the use of technology that will improve the entry process;
(B) shall be used to provide a more efficient and
welcoming international arrival process to facilitate and promote
business and tourist travel to the United States; and
(C) may not be used to replace funding for airport improvement projects paid for with—
(i) passenger facility charges authorized under section 40117 of title 49, United States Code; or
(ii) grants received through the Airport Improvement Program under subchapter I of chapter 471 of such
title 49.
(5)
Working groups
(A)
Establishment
Grantees shall establish public-private partnership working groups with U.S. Customs and Border
Protection.
(B)
Other members
Working groups established under this paragraph may include representatives of the travel and
tourism industry, including—
(i) the air passenger sector;
(ii) the hotel sector;
(iii) the theme park sector;
(iv) the rental car sector
(v) the tour operator sector;
(vi) the travel distribution sector;
(vii) the retail sector;
(viii) the State tourism authority;
(ix) the local convention and visitors authority;
(x) local cultural interest groups; and
(xi) the event management sector.
(C)
Collaboration
The working groups established under this paragraph shall—
(i) support ongoing collaborative efforts to
share best practices for improving the international arrivals process; and
(ii) provide recommendations for overall
facility design enhancements and the integration of public and cultural
art into port of entry facilities at United States airports.
(D)
Federal advisory committee act
The provisions of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to working
groups established under this paragraph.
(6)
Administration and selection criteria
The Commissioner of U.S. Customs and Border Protection shall—
(A) administer
the Model Ports of Entry Grant Program; and
(B) establish the criteria for selecting grantees.
(7)
Metrics
The Commissioner of U.S. Customs and Border Protection shall establish metrics to determine the
effectiveness of the
Model Ports of Entry Grant Program.
.
(b)
Report
Not later than 2 years after the date of the enactment of this Act, the Commissioner shall submit a
report to the appropriate congressional committees
that includes—
(1) a description of the status of the Model Ports of Entry Grant Program;
(2) a description of the metrics U.S. Customs and Border Protection will use to measure the
effectiveness
of the Model Ports of Entry Grant Program;
(3) an analysis comparing the results of the Model Ports of Entry Grant Program with the metrics
established pursuant to section 725(d)(6) of the Implementing
Recommendations of the 9/11 Commission Act of 2007, as added by subsection
(a)(3);
(4) recommendations on whether the Model Ports of Entry Grant Program should be made available
on a competitive basis to additional airports; and
(5) a description of the improvements the Commissioner intends to make to the Model Ports of
Entry Grant Program.
6.
U.S. Customs and Border Protection wait time metrics
(a)
Annual report
Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the
Commissioner shall submit a report to the appropriate
congressional committees that—
(1) includes data on average passenger wait times and peak wait times for each month at each port of
entry;
(2) provides an analysis of the performance of U.S. Customs and Border Protection against the metrics
developed pursuant to section 571(a) of the Department of Homeland
Security Appropriations Act, 2014 (division F of Public Law 113–76); and
(3) provides an update on the development and implementation of operational work plans that support the
goal of reducing passenger processing times at air, land, and sea ports of
entry in accordance with section 571(b) of such Act.
(b)
Public dissemination of wait times
The Commissioner shall—
(1) prominently post the latest information on wait times for processing
arriving international passengers at United States airports and land ports
of entry on the U.S. Customs and Border Protection website so that such
information is easily accessible to website visitors; and
(2) continuously update the information described in paragraph (1) during the hours in which the air
and
land ports are open and receiving customers.
7.
Report on efforts to leverage technology in the international arrivals process
Not later than 1 year after date of the enactment of this Act, the Commissioner shall submit a
report
to Congress that—
(1) describes efforts to develop new technologies and procedures to improve the passenger screening
process
at United States ports of entry;
(2) lists the Department of Homeland Security components for which each technology is being developed;
and
(3) identifies methods for more
effectively processing inbound international travelers to the United
States
while strengthening security.
8.
Increasing the transparency of Department of Homeland Security customer service enhancements
(a)
In general
The Secretary of Homeland Security shall collect and analyze traveler feedback—
(1) to develop customer service best practices across all relevant component agencies;
(2) to ensure a welcoming environment; and
(3) to improve the image of the United States around the world.
(b)
Use of traveler feedback
The Secretary of Homeland Security shall—
(1) coordinate the collection of all traveler feedback across all relevant component agencies to
improve the transparency of customer service enhancements;
(2) publicly report the feedback described in paragraph (1) on a quarterly basis; and
(3) analyze and utilize such feedback to develop customer service best practices throughout the
Department of Homeland Security, which shall include cultural sensitivity
and diversity training.
(c)
Monthly report
The Secretary of Homeland Security shall report all U.S. Customs and Border Protection traveler
feedback to the Department of Transportation for publication in its
monthly Air Travel Consumer Report.
(d)
INFO center staffing
The Commissioner shall ensure that the U.S. Customs and Border Protection INFO Center is adequately
staffed in order to limit caller wait times to shorter than 10 minutes.