,,ii #aadth ,,congress #ast ,session ,s4 #bdcj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #ah1 #bjae,ms4 ,cantwell 7for herself and ,ms4 ,collins7 introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to permit the recovery of costs incurred by ,u4,s4 ,customs and ,border ,protection for preclearance operations activities1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,travel ,facilitation and ,safety ,act of #bjae4 #b4 ,recovery of initial preclearance operation costs 7a7 ,cost sharing agreements with relevant airport authorities ,the ,commissioner of ,u4,s4 ,customs and ,border ,protection may enter into a cost sharing agreement with airport authorities in foreign countries at which preclearance operations are to be established or maintained if-- 7#a7 an executive agreement to establish or maintain such preclearance operations pursuant to the authorities under section #fbi of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #afbi7 and section #ajc7;a77#g7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aajc7;a77#g77 has been signed1 but has not yet entered into force2 and 7#b7 ,u4,s4 ,customs and ,border ,protection has incurred1 or expects to incur1 initial preclearance operations costs in order to establish or maintain preclearance operations under the agreement described in paragraph 7#a74 7b7 ,contents of cost sharing agreements 7#a7 ,in general ,notwithstanding section #acjca7;e7 of the ,consolidated ,omnibus ,budget ,reconciliation ,act of #aihe 7#ai ,u4,s4,c4 #eh;c7e77 and section #bhf7;g7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acef7;g771 any cost sharing agreement authorized under subsection 7a7 may provide for the airport authority's payment to ,u4,s4 ,customs and ,border ,protection of its initial preclearance operations costs4 7#b7 ,timing of payments ,the airport authority's payment to ,u4,s4 ,customs and ,border ,protection for its initial preclearance operations costs may be made in advance of the incurrence of the costs or on a reimbursable basis4 7c7 ,account 7#a7 ,in general ,all amounts collected pursuant to any cost sharing agreement authorized under subsection 7a7-- 7,a7 shall be credited as offsetting collections to the currently applicable appropriation1 account1 or fund of ,u4,s4 ,customs and ,border ,protection2 7,b7 shall remain available1 until expended1 for the purposes for which such appropriation1 account1 or fund is authorized to be used2 and 7,c7 may be collected and shall be available only to the extent provided in appropriations ,acts4 7#b7 ,return of unused funds ,any advances or reimbursements not used by ,u4,s4 ,customs and ,border ,protection may be returned to the relevant airport authority4 7#c7 ,rule of construction ,nothing in this subsection may be construed to preclude the use of appropriated funds1 from sources other than the payments collected under this ,act1 to pay initial preclearance operation costs4 7d7 ,initial preclearance operations costs defined 7#a7 ,in general ,in this section1 the term initial preclearance operations costs means the costs incurred1 or expected to be incurred1 by ,u4,s4 ,customs and ,border ,protection to establish or maintain preclearance operations at an airport in a foreign country1 including costs relating to-- 7,a7 hiring1 training1 and equipping new officers of ,u4,s4 ,customs and ,border ,protection who will be stationed at ,united ,states domestic ports of entry or other facilities of ,u4,s4 ,customs and ,border ,protection to backfill such officers to be stationed at an airport in a foreign country to conduct preclearance operations2 and 7,b7 visits to the airport authority conducted by personnel of ,u4,s4 ,customs and ,border ,protection necessary to prepare for the establishment or maintenance of preclearance operations at such airport1 including the compensation1 travel expenses1 and allowances payable to such personnel attributable to such visits4 7#b7 ,exception ,the costs described in paragraph 7#a77;,a7 shall not include the salaries and benefits of new officers of ,u4,s4 ,customs and ,border ,protection once such officers are permanently stationed at a domestic ,united ,states port of entry or other domestic facility of ,u4,s4 ,customs and ,border ,protection after being hired1 trained1 and equipped4 #c4 ,collection and disposition of funds collected for immigration inspection services and preclearance activities 7a7 ,immigration and ,nationality ,act ,section #bhf7;i7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acef7;i77 is amended by striking the last sentence and inserting ,reimbursements under this subsection may be collected in advance of the provision of such immigration inspection services4 ,notwithstanding subsection 7h77#a77;,b71 and only to the extent provided in appropriations ,acts1 any amounts collected under this subsection shall be credited as offsetting collections to the currently applicable appropriation1 account1 or fund of ,u4,s4 ,customs and ,border ,protection1 remain available until expended1 and be available for the purposes for which such appropriation1 account1 or fund is authorized to be used44 7b7 ,farm ,security and ,rural ,investment ,act of #bjjb ,section #ajdab7;b7 of the ,farm ,security and ,rural ,investment ,act of #bjjb 7#g ,u4,s4,c4 #hcaa7;b77 is amended to read as follows3 7b7 ,funds collected for preclearance ,funds collected for preclearance activities-- 7#a7 may be collected in advance of the provision of such activities2 7#b7 shall be credited as offsetting collections to the currently applicable appropriation1 account1 or fund of ,u4,s4 ,customs and ,border ,protection2 7#c7 shall remain available until expended2 7#d7 shall be available for the purposes for which such appropriation1 account1 or fund is authorized to be used2 and 7#e7 may be collected and shall be available only to the extent provided in appropriations ,acts4 4 #d4 ,expansion of preclearance at foreign airports 7a7 ,findings ,congress makes the following findings3 7#a7 ,preclearance operations provide the ultimate ability for the ,united ,states to address potential threats at the earliest possible moment and prior to departure1 through the forward deployment of officers of ,u4,s4 ,customs and ,border ,protection to last points of departure in a foreign country4 7#b7 ,with inspections and examination operations of ,u4,s4 ,customs and ,border ,protection located in a foreign country1 preclearance provides the capability to interdict1 address1 and work with host-country law enforcement in furtherance of both aviation security and border security in the ,united ,states4 7#c7 ,under current preclearance operations1 officers of the ,u4,s4 ,customs and ,border ,protection collect biometrics in the same way that is currently done upon arrival in the ,united ,states1 in accordance with current regulation1 and as part of the routine entry process from certain aliens who are not citizens of the ,united ,states prior to boarding flights destined to the ,united ,states4 7#d7 ,preclearance operations provide the best means for existing and future biometric security capabilities beyond the ,united ,states4 ,support for preclearance expansion will greatly increase border and aviation security in the ,united ,states and foreign countries4 7b7 ,sense of ,congress ,it is the sense of ,congress that each country designated as a visa waiver program country under section #bag of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahg7 should seek to participate in the preclearance program with the ,united ,states1 to jointly address security concerns through additional exchange of information and to improve joint ability to secure the that visa waiver program while maintaining the original intent of the program4 #e4 ,biometric demonstration programs at preclearance locations 7a7 ,authority ,the ,secretary of ,homeland ,security is authorized to select preclearance locations1 including preclearance expansion locations1 and enter into an agreement with a foreign government or airport to conduct a collaborative biometric demonstration program at such a location to test emerging biometric technologies4 ,the scope of the demonstration program may encompass travelers other than those utilizing preclearance at such a location1 provided that such program includes means for information sharing with ,u4,s4 ,customs and ,border ,protection operations4 7b7 ,international cooperation and coordination ,section #bcc7;a7 of the ,security and ,accountability ,for ,every ,port ,act of #bjjf 7#f ,u4,s4,c4 #ihc7;a77 is amended-- 7#a7 in paragraph 7#a71 by striking the period at the end and inserting 1 and to establish and maintain1 in partnership with foreign governments1 demonstration programs to test emerging biometric technologies at foreign airports at which the ,secretary has established preclearance operations42 and 7#b7 in paragraph 7#b7-- 7,a7 in subparagraph 7,a71 by striking and at the end2 7,b7 in subparagraph 7,b71 by striking the period at the end and inserting a semicolon and and2 and 7,c7 by adding the following3 7,c7 lease1 loan1 provide1 or otherwise assist in the deployment of biometric technologies at foreign airports at which the ,secretary has established preclearance operations under such terms and conditions as the ,secretary prescribes1 including nonreimbursable loans or the transfer of ownership of such technologies1 and provide the necessary training and technical assistance related to the biometric demonstration programs referred to in paragraph 7#a74 4 #f4 ,visa waiver program requirements 7a7 ,information sharing process ,the ,director of ,national ,intelligence shall-- 7#a7 develop a process to share information derived from the ,terrorist ,identities ,datamart ,environment 7,,tide7 database and the ,terrorist ,screening ,database 7,,tsdb71 including biometric and biographic information1 with countries participating in the visa waiver program established under section #bag7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahg7;a772 and 7#b7 not later than #a year after the date of the enactment of this ,act1 certify to ,congress that such process may be utilized by such countries4 7b7 ,continuing qualification and designation terminations ,subsection 7c7 of section #bag of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahg7 is amended-- 7#a7 in paragraph 7#a71 by striking ,attorney ,general1 and inserting ,secretary of ,homeland ,security12 and 7#b7 in paragraph 7#b7-- 7,a7 in subparagraph 7,c77iii7-- 7i7 by striking and the ,committee on ,international ,relations and inserting 1 the ,committee on ,foreign ,affairs1 and the ,committee on ,homeland ,security2 and 7ii7 by striking and the ,committee on ,foreign ,relations and inserting 1 the ,committee on ,foreign ,relations1 and the ,committee on ,homeland ,security and ,governmental ,affairs2 and 7,b7 by adding at the end the following3 7,g7 ,border security ,the government of the country utilizes the process developed by the ,director of ,national ,intelligence under section #f7;a7 of the ,travel ,facilitation and ,safety ,act of #bjae to utilize information derived from the ,terrorist ,identities ,datamart ,environment 7,,tide7 database and the ,terrorist ,screening ,database 7,,tsdb7 for border security and immigration purposes1 including the screening of aliens seeking asylum or refugee status in that country4 4