,i #aadth ,,congress #ast ,session ,h4 ,r4 #cehf ,,in ,,the ,,house ,,of ,,representatives ,september #bb1 #bjae ,mrs4 ,miller of ,michigan 7for herself and ,mr4 ,mc,caul7 introduced the following bill2 which was referred to the ,committee on ,homeland ,security1 and in addition to the ,committee on ,transportation and ,infrastructure1 for a period to be subsequently determined by the ,speaker1 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 #bjjb to improve border and maritime security coordination in the ,department of ,homeland ,security1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,border and ,maritime ,coordination ,improvement ,act4 #b4 ,border and maritime security efficiencies 7a7 ,in general ,subtitle ,b of title ,,iv of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #baa et seq47 is amended by adding at the end the following new sections3 #dbj4 ,establishment of the ,office of ,biometric ,identity ,management 7a7 ,establishment ,there is established within the ,department an agency to be known as the ,office of ,biometric ,identity ,management4 7b7 ,director 7#a7 ,in general ,there shall be at the head of the ,office of ,biometric ,identity ,management a ,director of the ,office of ,biometric ,identity ,management 7in this section referred to as the ,director74 7#b7 ,qualifications and duties ,the ,director shall-- 7,a7 have a minimum of five years professional management experience2 7,b7 lead the ,department's biometric identity services to support anti-terrorism1 counter-terrorism1 border security1 national security1 and public safety and enable operational missions across the ,department by matching1 storing1 sharing1 and analyzing biometric data2 7,c7 deliver biometric identity information and analysis capabilities to-- 7i7 the ,department and its components2 7ii7 appropriate ,federal1 state1 local1 and tribal agencies2 7iii7 appropriate foreign governments2 and 7iv7 appropriate private sector entities2 7,d7 support the law enforcement1 public safety1 national security1 and homeland security missions of other ,federal1 state1 local and tribal agencies2 7,e7 establish and manage the operation and maintenance of the ,department's biometric repository2 7,f7 establish1 manage1 and operate ,biometric ,support ,centers to provide biometric identification and verification services to the ,department1 appropriate ,federal1 state1 local1 and tribal agencies1 appropriate foreign governments1 and appropriate private sector entities2 7,g7 in collaboration with the ,undersecretary for ,science and ,technology1 establish a ,department-wide research and development program to support efforts in assessment1 development1 and exploration of biometric advancements and emerging technologies2 7,h7 oversee ,department-wide standards for biometric conformity1 and work to make such standards ,government-wide2 7,i7 in coordination with the ,department's ,office of ,policy1 and in consultation with relevant component offices1 enter into data sharing agreements with appropriate ,federal agencies to support immigration1 law enforcement1 national security1 and public safety missions2 and 7,j7 carry out the duties and powers prescribed by law or delegated by the ,secretary4 7c7 ,deputy ,director ,there shall be in the ,office of ,biometric ,identity ,management a ,deputy ,director1 who shall assist the ,director in the management of the ,office4 7d7 ,chief ,technology ,officer 7#a7 ,in general ,there shall be in the ,office of ,biometric ,identity ,management a ,chief ,technology ,officer4 7#b7 ,duties ,the ,chief ,technology ,officer shall-- 7,a7 ensure compliance with policies1 processes1 standards1 guidelines1 and procedures related to information technology systems management1 enterprise architecture1 and data management2 7,b7 provide engineering and enterprise architecture guidance and direction to the ,office of ,biometric ,identity ,management2 and 7,c7 leverage emerging biometric technologies to recommend improvements to major enterprise applications1 identify tools to optimize information technology systems performance1 and develop and promote joint technology solutions to improve services to enhance mission effectiveness4 7e7 ,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 activities1 and conduct reviews of data sharing with external partners to ensure compliance with legal1 policy1 and privacy restrictions4 7f7 ,other authorities 7#a7 ,in general ,the ,director may establish such other ,division ,directors1 agents1 officers1 and other offices of the ,office of ,biometric ,identity ,management as the ,director determines necessary to carry out the missions1 duties1 functions1 and authorities of the ,office4 7#b7 ,notification ,if the ,director exercises the authority provided pursuant to paragraph 7#a71 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 #cj days before exercising such authority4 #dbj;,a4 ,border ,security ,joint ,task ,forces 7a7 ,establishment ,the ,secretary may establish and operate the following departmental ,joint ,task ,forces 7in this section referred to as ,joint ,task ,force7 to conduct joint operations using ,department component and office personnel and capabilities to secure the international borders of the ,united ,states3 7#a7 ,joint ,task ,force-,east ,joint ,task ,force-,east shall1 at the direction of the ,secretary and in coordination with ,joint ,task ,force-,west1 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 ,secretary4 7#b7 ,joint ,task ,force-,west ,joint ,task ,force-,west shall1 at the direction of the ,secretary and in coordination with ,joint ,task ,force-,east1 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 ,secretary4 7#c7 ,joint ,task ,force-,investigation ,joint ,task ,force-,investigation shall1 at the direction of the ,secretary1 be responsible for coordinating criminal investigations supporting ,joint ,task ,force-,west and ,joint ,task ,force-,east4 7b7 ,joint ,task ,force ,directors ,the ,secretary shall appoint a ,director to head each ,joint ,task ,force4 ,each ,director shall be senior official selected from a relevant component or office of the ,department1 rotating between relevant components and offices every two years4 ,the ,secretary may extend the appointment of a ,director for up to two additional years1 if the ,secretary determines that such an extension is in the best interest of the ,department4 7c7 ,initial appointments ,the ,secretary shall make the following appointments to the following ,joint ,task ,forces3 7#a7 ,the initial ,director of ,joint ,task ,force-,east shall be a senior officer of the ,coast ,guard4 7#b7 ,the initial ,director of ,joint ,task ,force-,west shall be a senior official of ,u4,s4 ,customs and ,border ,protection4 7#c7 ,the initial ,director of ,joint ,task ,force-,investigation shall be a senior official of ,u4,s4 ,immigration and ,customs ,enforcement4 7d7 ,joint ,task ,force ,deputy ,directors ,the ,secretary shall appoint two ,deputy ,directors for each ,joint ,task ,force4 ,the ,deputy ,directors of a ,joint ,task ,force shall be officials of a different component or office than the ,director of each ,joint ,task ,force4 7e7 ,responsibilities ,each ,joint ,task ,force ,director shall-- 7#a7 identify and prioritize border and maritime security threats to the homeland2 7#b7 maintain situational awareness within their areas of responsibility1 as determined by the ,secretary2 7#c7 provide operational plans and requirements for standard operating procedures and contingency operations2 7#d7 plan and execute ,joint ,task ,force activities within their areas of responsibility1 as determined by the ,secretary2 7#e7 set and accomplish strategic objectives through integrated operational planning and execution2 7#f7 exercise operational direction over personnel and equipment from ,department components and offices allocated to the respective ,joint ,task ,force to accomplish task force objectives2 7#g7 establish operational and investigative priorities within the ,director's operating areas2 7#h7 coordinate with foreign governments and other ,federal1 ,state1 and local agencies1 where appropriate1 to carry out the mission of the ,director's ,joint ,task ,force2 7#i7 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 7a72 and 7#aj7 carry out other duties and powers the ,secretary determines appropriate4 7f7 ,personnel and resources of ,joint ,task ,forces ,the heads of components and offices of the ,department shall1 upon request of the ,director of a ,joint ,task ,force1 provide personnel and equipment to the requesting ,joint ,task ,force on a temporary basis1 if doing so does not affect the capability of such component or office to conduct its primary missions4 7g7 ,component resource authority ,as directed by the ,secretary-- 7#a7 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 section2 7#b7 the resources referred to in paragraph 7#a7 shall be under the operational authority1 direction1 and control of the ,director of the ,joint ,task ,force to which such resources were assigned2 and 7#c7 the personnel and equipment of the ,joint ,task ,forces shall remain under the administrative direction of its primary component or office4 7h7 ,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 ,forces4 ,such staff shall be filled by officials from relevant components and offices of the ,department4 7i7 ,establishing additional ,joint ,task ,forces ,the ,secretary may establish additional ,joint ,task ,forces for the purposes of-- 7#a7 coordinating operations along the northern border of the ,united ,states2 7#b7 preventing and responding to homeland security crises1 as determined by the ,secretary2 7#c7 establishing other regionally based operations2 or 7#d7 cybersecurity4 7j7 ,notification 7#a7 ,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 #ij days prior to the establishment of an additional ,joint ,task ,force under subsection 7i74 7#b7 ,waiver authority ,the ,secretary may waive the requirement of paragraph 7#a7 in the event of an emergency circumstance that imminently threatens the protection of human life or the protection of property4 7k7 ,definition ,in this section1 the term situational awareness means a knowledge and unified understanding of unlawful cross-border activity1 including threats and trends concerning illicit trafficking and unlawful crossings1 and the ability to forecast future shifts in such threats and trends1 the ability to evaluate such threats and trends at a level sufficient to create actionable plans1 and the operational capability to conduct continuous and integrated surveillance of the international borders of the ,united ,states4 7l7 ,sunset ,this section expires on ,september #cj1 #bjah4 #dbj;,b4 ,updates of maritime operations coordination plan 7a7 ,in general ,not later than #ahj days after the enactment of this section1 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 missions4 ,such plan shall update the maritime operations coordination plan released by the ,department in ,july #bjaa1 and shall address the following3 7#a7 ,coordination of planning1 integration of maritime operations1 and development of joint situational awareness of any component or office of the ,department with responsibility for maritime homeland security missions4 7#b7 ,maintaining effective information sharing and1 as appropriate1 intelligence integration1 with ,federal1 ,state1 and local officials and the private sector1 regarding threats to maritime security4 7#c7 ,leveraging existing departmental coordination mechanisms1 including the interagency operational centers as authorized under section #gjajg;,a of title #df1 ,united ,states ,code1 ,coast ,guard's ,regional ,coordinating ,mechanisms1 the ,u4,s4 ,customs and ,border ,protection ,air and ,marine ,operations ,center1 the ,u4,s4 ,customs and ,border ,protection ,operational ,integration ,center1 and other regional maritime operational command centers4 7#d7 ,cooperation and coordination with other departments and agencies of the ,federal ,government1 and ,state and local agencies1 in the maritime environment1 in support of maritime homeland security missions4 7#e7 ,work conducted within the context of other national and ,department maritime security strategic guidance4 7b7 ,additional updates ,not later than ,july #a1 #bjbj1 the ,secretary1 acting through the ,department's ,office of ,operations ,coordination and ,planning1 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 7a74 #dbj;,c4 ,u4,s4 ,customs and ,border ,protection ,office of ,air and ,marine ,operations asset deployment 7a7 ,in general ,any new asset deployment by ,u4,s4 ,customs and ,border ,protection's ,office of ,air and ,marine ,operations following the date of the enactment of this section1 shall1 to the greatest extent practicable1 occur in accordance with a risk-based assessment that considers mission needs1 performance results1 threats1 costs1 and any other relevant factors identified by the ,commissioner of ,u4,s4 ,customs and ,border ,protection4 ,specific factors to be included in such assessment shall include1 at a minimum1 the following3 7#a7 ,mission requirements that prioritize the operational needs of field commanders to secure the ,united ,states border and ports4 7#b7 ,other ,department assets available to help address any unmet border and port security mission requirements1 in accordance with paragraph 7#a74 7#c7 ,risk analysis showing positioning of the asset at issue to respond to intelligence on emerging terrorist or other threats4 7#d7 ,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 success4 7b7 ,considerations ,an assessment required under subsection 7a7 shall consider applicable ,federal guidance1 standards1 and agency strategic and performance plans1 including the following3 7#a7 ,the most recent departmental ,quadrennial ,homeland ,security ,review under section #gjg1 and any follow-up guidance related to such ,review4 7#b7 ,the ,department's ,annual ,performance ,plans4 7#c7 ,department policy guiding use of integrated risk management in resource allocation decisions4 7#d7 ,department and ,u4,s4 ,customs and ,border ,protection ,strategic ,plans and ,resource ,deployment ,plans4 7#e7 ,applicable aviation guidance from the ,department1 including the ,,dhs ,aviation ,concept of ,operations4 7#f7 ,other strategic and acquisition guidance promulgated by the ,federal ,government as the ,secretary determines appropriate4 7c7 ,audit and report ,the ,inspector ,general of the ,department shall biennially audit the deployment of new assets by ,u4,s4 ,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 section4 7d7 ,marine interdiction stations ,not later than #ahj days after the date of the enactment of this section1 the ,commissioner of ,u4,s4 ,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 stations4 #dbj;,d4 ,securing the ,transportation ,worker ,identification ,credential against use by unauthorized aliens 7a7 ,in general ,not later than #ahj days after the date of enactment of this section1 the ,secretary shall establish a process to ensure1 to the maximum extent practicable1 that an individual who is not lawfully present in the ,united ,states cannot obtain or continue to use a ,transportation ,worker ,identification ,credential 7in this section referred to as the ,,twic74 7b7 ,components ,in establishing the process under subsection 7a71 the ,secretary shall-- 7#a7 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-- 7,a7 identity2 and 7,b7 proof of lawful presence in the ,united ,states2 and 7#b7 establish training requirements to ensure that trusted agents at ,,twic enrollment centers receive training to identify fraudulent documents4 7c7 ,expiration of ,t,w,i,cs ,a ,,twic expires on the date of its expiration1 or on the date on which the individual to whom such a ,,twic is issued is no longer lawfully present in the ,united ,states1 whichever is earlier4 4 7b7 ,location and reporting structure ,the ,secretary of ,homeland ,security may not change the location or reporting structure of the ,office of ,biometric ,identity ,management 7established pursuant to section #dbj of the ,homeland ,security ,act of #bjjb1 as added by subsection 7a7 of this section7 unless the ,secretary of ,homeland ,security receives prior authorization from ,congress permitting such change4 7c7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act is amended by adding after the item relating to section #dai the following new item3 ,sec4 #dbj4 ,establishment of the ,office of ,biometric ,identity ,management4 ,sec4 #dbj;,a4 ,border ,security ,joint ,task ,forces4 ,sec4 #dbj;,b4 ,updates of maritime operations coordination plan4 ,sec4 #dbj;,c4 ,u4,s4 ,customs and ,border ,protection ,office of ,air and ,marine ,operations asset deployment4 ,sec4 #dbj;,d4 ,securing the ,transportation ,worker ,identification ,credential against use by unauthorized aliens4 4 #c4 ,cost-benefit analysis of co-locating operational entities 7a7 ,in general ,for all locations in which ,u4,s4 ,customs and ,border ,protection's ,office of ,air and ,marine ,operations operates that are within #de miles of locations where any other ,department of ,homeland ,security agency also operates air and marine assets1 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 ,department4 ,in analyzing such potential cost savings achieved by sharing aviation and maritime facilities1 such analysis shall consider1 at a minimum1 the following factors3 7#a7 ,potential enhanced cooperation derived from ,department personnel being co-located4 7#b7 ,potential cost of1 and savings derived through1 shared maintenance and logistics facilities and activities4 7#c7 ,joint use of base and facility infrastructure1 such as runways1 hangars1 control towers1 operations centers1 piers and docks1 boathouses1 and fuel depots4 7#d7 ,short term moving costs required in order to co-locate facilities4 7#e7 ,acquisition and infrastructure costs for enlarging current facilities1 as needed4 7b7 ,report ,not later than one year after the date of the enactment of this ,act1 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 7a7 and any planned actions based upon such results4 #d4 ,evaluation of ,coast ,guard ,deployable ,specialized ,forces 7a7 ,in general ,not later than one year after the date of the enactment of this ,act1 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 ,commerce1 ,science1 and ,transportation of the ,senate a report that describes and assesses the state of the ,coast ,guard's ,deployable ,specialized ,forces 7in this section referred to as the ,,dsf74 ,such report shall include1 at a minimum1 the following elements3 7#a7 ,for each of the past three fiscal years1 and for each type of ,,dsf1 the following3 7,a7 ,a cost analysis1 including training1 operating1 and travel costs4 7,b7 ,the number of personnel assigned4 7,c7 ,the total number of units4 7,d7 ,the total number of missions conducted4 7,e7 ,the number of missions requested by each of the following3 7i7 ,the ,coast ,guard4 7ii7 ,other components or offices of the ,department of ,homeland ,security4 7iii7 ,other ,federal departments or agencies4 7iv7 ,state agencies4 7v7 ,local agencies4 7,f7 ,the number of missions fulfilled by the entities specified in subparagraph 7,e74 7#b7 ,mission impact1 feasibility1 and cost1 including future cost savings1 of consolidating ,,dsf capabilities1 including the following scenarios3 7,a7 ,combining ,d,s,fs1 primarily focused on counterdrug operations1 under one centralized command4 7,b7 ,distributing counter-terrorism and anti-terrorism capabilities to ,d,s,fs in each major ,united ,states port4 7,c7 ,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 operations4 7b7 ,deployable ,specialized ,force defined ,in this section1 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-drug1 counter-terrorism1 and anti-terrorism operations or other maritime threats to the ,united ,states4 #e4 ,customs-,trade ,partnership ,against ,terrorism improvement 7a7 ,c-,,tpat exporters ,section #bab of the ,security and ,accountability for ,every ,port ,act of #bjjf 7#f ,u4,s4,c4 #ifb7 is amended by inserting exporters1 after ,importers14 7b7 ,recognition of other countries' trusted shipper programs 7#a7 ,in general ,section #bah of the ,security and ,accountability for ,every ,port ,act of #bjjf 7#f ,u4,s4,c4 #ifh7 is amended to read as follows3 #bah4 ,recognition of other countries' trusted shipper programs ,not later than #cj 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 #bad1 #bae1 or #baf1 the ,secretary shall-- 7#a7 notify the appropriate congressional committees of the proposed terms of such arrangement2 and 7#b7 determine1 in consultation with the ,commissioner1 that such foreign government's supply chain security program provides comparable security as that provided by ,c-,,tpat4 4 7#b7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,,safe ,port ,act is amended by amending the item relating to section #bah to read as follows3 ,sec4 #bah4 ,recognition of other countries' trusted shipper programs4 4 #f4 ,strategic plan to enhance the security of the international supply chain ,paragraph 7#b7 of subsection 7g7 of section #bja 7#f ,u4,s4,c4 #ida7 by amending paragraph 7#b7 to read as follows3 7#b7 ,updates ,not later than #bgj days after the date of the enactment of this paragraph and every three years thereafter1 the ,secretary shall submit to the appropriate congressional committees a report that contains an update of the strategic plan described in paragraph 7#a74 4 #g4 ,container ,security ,initiative ,subsection 7l7 of section #bje of the ,,safe ,port ,act 7#f ,u4,s4,c4 #ide7 is amended-- 7#a7 by striking 7#a7 ,in general4--,not later than ,september #cj1 #bjjg1 and inserting ,not later than #bgj days after the date of the enactment of the ,border and ,maritime ,security ,coordination ,improvement ,act12 and 7#b7 by striking paragraph 7#b74 #h4 ,repeals ,the following provisions of the ,,safe ,port ,act 7,public ,law #aji-cdg7 are repealed3 7#a7 ,section #aje 7and the item relating to such section in the table of contents of such ,act74 7#b7 ,subsection 7c7 of section #ajh4 7#c7 ,subsections 7c71 7d71 and 7e7 of section #aba 7#f ,u4,s4,c4 #iba74 7#d7 ,section #abb 7#f ,u4,s4,c4 #ibb7 7and the item relating to such section in the table of contents of such ,act74 7#e7 ,section #abf 7#f ,u4,s4,c4 #ibe7 7and the item relating to such section in the table of contents of such ,act74 7#f7 ,section #abg 7and the item relating to such section in the table of contents of such ,act74 7#g7 ,subsection 7d7 of section #bca 7#f ,u4,s4,c4 #iha74 7#h7 ,subsection 7c7 of section #bcc 7#f ,u4,s4,c4 #ihc74 7#i7 ,section #bce 7#f ,u4,s4,c4 #ihd7 7and the item relating to such section in the table of contents of such ,act74 7#aj7 ,section #gja 7and the item relating to such section in the table of contents of such ,act74 7#aa7 ,section #gjh 7and the item relating to such section in the table of contents of such ,act74