Sec. 2. U.S. Customs and Border Protection coordination
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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: There is established within U.S. Customs and Border Protection a program to be known as the Immigration Cooperation Program. Under the Program, U.S. Customs and Border Protection officers, pursuant to an arrangement with the government of a foreign country, may cooperate with authorities of that government, air carriers, and security employees at airports located in that country, to identify persons who may be inadmissible to the United States or otherwise pose a risk to border security.
In carrying out the program, U.S. Customs and Border Protection officers posted in a foreign country under subsection
(a)may— be stationed at airports in that country, including for purposes of conducting risk assessments and enhancing border security; assist authorities of that government, air carriers, and security employees with document examination and traveler security assessments; provide relevant training to air carriers, their security staff, and such authorities; exchange information with, and provide technical assistance, equipment, and training to, such authorities to facilitate risk assessments of travelers and appropriate enforcement activities related to such assessments; make recommendations to air carriers to deny boarding to potentially inadmissable travelers bound for the United States; and 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. The Commissioner of U.S. Customs and Border Protection shall— consistent with the requirements enacted by the Trade Act of 2002 ( Public Law 107–210 )— establish a program for the collection by U.S. Customs and Border Protection of advance 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 under such program, require that such information be transmitted by such persons 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 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. Any deployment of new assets 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, validated requirements, 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: Mission requirements that prioritize the operational needs of field commanders to secure the United States border and ports. Other Department assets available to help address any unmet border and port security mission requirements, in accordance with paragraph (1). Risk analysis showing positioning of the asset at issue to respond to intelligence on emerging terrorist or other threats. 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. An assessment required under subsection
(a)shall consider applicable Federal guidance, standards, and agency strategic and performance plans, including the following: The most recent departmental Quadrennial Homeland Security Review under section 707, and any follow-up guidance related to such Review. The Department’s Annual Performance Plans. Department policy guiding use of integrated risk management in resource allocation decisions. Department and U.S. Customs and Border Protection Strategic Plans and Resource Deployment Plans. Applicable aviation guidance from the Department, including the DHS Aviation Concept of Operations. Other strategic and acquisition guidance promulgated by the Federal Government as the Secretary determines appropriate. 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. 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 additional Office of Air and Marine Operations marine interdiction stations. The Secretary shall establish within the Department a program to be known as the Integrated Border Enforcement Team program (referred to in this section as IBET ). The Secretary shall administer the IBET program in a manner that results in a cooperative approach between the United States and Canada to— strengthen security between designated ports of entry; detect, prevent, investigate, and respond to terrorism and violations of law related to border security; facilitate collaboration among components and offices within the Department and international partners; execute coordinated activities in furtherance of border security and homeland security; and enhance information-sharing, including the dissemination of homeland security information among such components and offices. IBETs shall be led by the United States Border Patrol and may be comprised of personnel from the following: Other subcomponents of U.S. Customs and Border Protection. U.S. Immigration and Customs Enforcement, led by Homeland Security Investigations. The Coast Guard, for the purpose of securing the maritime borders of the United States. Other Department personnel, as appropriate. Other Federal departments and agencies, as appropriate. Appropriate State law enforcement agencies. Foreign law enforcement partners. Local law enforcement agencies from affected border cities and communities. Appropriate tribal law enforcement agencies. 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 consider the following: Whether the region in which the IBET would be established is significantly impacted by cross-border threats. The availability of Federal, State, local, tribal, and foreign law enforcement resources to participate in an IBET. Whether, in accordance with paragraph (3), other joint cross-border initiatives already take place within the region in which the IBET would be established, including other Department cross-border programs such as the Integrated Cross-Border Maritime Law Enforcement Operation Program established 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. In determining whether to establish a new IBET or to expand an existing IBET in a given region, the Secretary shall ensure that the IBET under consideration does not duplicate the efforts of other existing interagency task forces or centers within such region, including the Integrated Cross-Border Maritime Law Enforcement Operation Program established 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. After determining the regions in which to establish IBETs, the Secretary may— direct the assignment of Federal personnel to such IBETs; and take other actions to assist Federal, State, local, and tribal entities to participate in such IBETs, including providing financial assistance, as appropriate, for operational, administrative, and technological costs associated with such participation. Coast Guard personnel assigned 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). The Secretary shall coordinate the IBET program with other similar border security and antiterrorism programs within the Department in accordance with the strategic objectives of the Cross-Border Law Enforcement Advisory Committee. The Secretary may enter into memoranda of understanding with appropriate representatives of the entities specified in subsection (c)(1) necessary to carry out the IBET program. 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, including the Committee on Homeland Security of the House of Representatives and the Committee on Homeland 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— describes the effectiveness of IBETs in fulfilling the purposes specified in subsection (b); assess the impact of certain challenges on the sustainment of cross-border IBET operations, including challenges faced by international partners; addresses ways to support joint training for IBET stakeholder agencies and radio interoperability to allow for secure cross-border radio communications; and assesses how IBETs, Border Enforcement Security Task Forces, and the Integrated Cross-Border Maritime Law Enforcement Operation Program can better align operations, including interdiction and investigation activities. . 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 Operations asset deployment. Sec. 420C. Integrated Border Enforcement Teams. . 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.
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- Pub. L. 107-210
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