Congressional Record, Volume 160 Issue 119 (Monday, July 28, 2014)

[Congressional Record Volume 160, Number 119 (Monday, July 28, 2014)]
[House]
[Pages H6899-H6908]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

UNITED STATES CUSTOMS AND BORDER PROTECTION AUTHORIZATION ACT

Mrs. MILLER of Michigan. Mr. Speaker, I move to suspend the rules and
pass the bill (H.R. 3846) to provide for the authorization of border,
maritime, and transportation security responsibilities and functions in
the Department of Homeland Security and the establishment of United
States Customs and Border Protection, and for other purposes, as
amended.
The Clerk read the title of the bill.
The text of the bill is as follows:

H.R. 3846

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``United States Customs and
Border Protection Authorization Act''.

SEC. 2. ESTABLISHMENT OF UNITED STATES CUSTOMS AND BORDER
PROTECTION.

(a) In General.--Section 411 of the Homeland Security Act
of 2002 (6 U.S.C. 211) is amended to read as follows:

``SEC. 411. ESTABLISHMENT OF UNITED STATES CUSTOMS AND BORDER
PROTECTION; COMMISSIONER, DEPUTY COMMISSIONER,
AND OPERATIONAL OFFICES.

``(a) In General.--There is established in the Department
an agency to be known as United States Customs and Border
Protection.
``(b) Commissioner of United States Customs and Border
Protection.--There shall be at the head of United States
Customs and Border Protection a Commissioner of United States
Customs and Border Protection (in this section referred to as
the `Commissioner'), who shall be appointed by the President,
by and with the advice and consent of the Senate.

[[Page H6900]]

``(c) Duties.--The Commissioner shall--
``(1) ensure the interdiction of persons and goods
illegally entering or exiting the United States;
``(2) facilitate and expedite the flow of legitimate
travelers and trade;
``(3) detect, respond to, and interdict terrorists, drug
smugglers and traffickers, human smugglers and traffickers,
and other persons who may undermine the security of the
United States, in cases in which such persons are entering,
or have recently entered, the United States;
``(4) safeguard the borders of the United States to protect
against the entry of dangerous goods;
``(5) oversee the functions of the Office of International
Trade established under section 402 of the Security and
Accountability for Every Port Act of 2006 (19 U.S.C. 2072;
Public Law 109-347);
``(6) enforce and administer all customs laws of the United
States, including the Tariff Act of 1930;
``(7) enforce and administer all immigration laws, as such
term is defined in paragraph (17) of section 101(a) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)), as
necessary for the inspection, processing, and admission of
persons who seek to enter or depart the United States, and as
necessary to ensure the detection, interdiction, removal,
departure from the United States, short-term detention, and
transfer of persons unlawfully entering, or who have recently
unlawfully entered, the United States, in coordination with
United States Immigration and Customs Enforcement and United
States Citizenship and Immigration Services;
``(8) develop and implement screening and targeting
capabilities, including the screening, reviewing,
identifying, and prioritizing of passengers and cargo across
all international modes of transportation, both inbound and
outbound;
``(9) enforce and administer the laws relating to
agricultural import and entry inspection referred to in
section 421;
``(10) in coordination with the Secretary, deploy
technology to collect the data necessary for the Secretary to
administer the biometric entry and exit data system pursuant
to section 7208 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (8 U.S.C. 1365b);
``(11) In coordination with the Under Secretary for
Management of the Department, ensure United States Customs
and Border Protection complies with Federal law, the Federal
Acquisition Regulation, and the Department's acquisition
management directives for major acquisition programs of
United States Customs and Border Protection;
``(12) enforce and administer--
``(A) the Container Security Initiative program under
section 205 of the Security and Accountability for Every Port
Act of 2006 (6 U.S.C. 945; Public Law 109-347); and
``(B) the Customs-Trade Partnership Against Terrorism
program under sections 211 through 223 of such Act (6 U.S.C.
961-973);
``(13) establish the standard operating procedures
described in subsection (k);
``(14) carry out the training required under subsection
(l); and
``(15) carry out other duties and powers prescribed by law
or delegated by the Secretary.
``(d) Deputy Commissioner.--There shall be in United States
Customs and Border Protection a Deputy Commissioner who shall
assist the Commissioner in the management of United States
Customs and Border Protection.
``(e) United States Border Patrol.--
``(1) In general.--There is established in United States
Customs and Border Protection the United States Border
Patrol.
``(2) Chief.--There shall be at the head of the United
States Border Patrol a Chief, who shall be a uniformed law
enforcement officer chosen from the ranks of the United
States Border Patrol and who shall report to the
Commissioner.
``(3) Duties.--The United States Border Patrol shall--
``(A) serve as the law enforcement office of United States
Customs and Border Protection with primary responsibility for
interdicting persons attempting to illegally enter or exit
the United States or goods being illegally imported to or
exported from the United States at a place other than a
designated port of entry;
``(B) deter and prevent illegal entry of terrorists,
terrorist weapons, persons, and contraband; and
``(C) carry out other duties and powers prescribed by the
Commissioner.
``(f) Office of Air and Marine Operations.--
``(1) In general.--There is established in United States
Customs and Border Protection an Office of Air and Marine
Operations.
``(2) Assistant commissioner.--There shall be at the head
of the Office of Air and Marine Operations an Assistant
Commissioner, who shall report to the Commissioner.
``(3) Duties.--The Office of Air and Marine Operations
shall--
``(A) serve as the law enforcement office within United
States Customs and Border Protection with primary
responsibility to detect, interdict, and prevent acts of
terrorism and the unlawful movement of people, illicit drugs,
and other contraband across the borders of the United States
in the air and maritime environment;
``(B) oversee the acquisition, maintenance, and operational
use of United States Customs and Border Protection integrated
air and marine forces;
``(C) provide aviation and marine support for other
Federal, State, and local law enforcement agency needs, as
appropriate; and
``(D) carry out other duties and powers prescribed by the
Commissioner.
``(g) Office of Field Operations.--
``(1) In general.--There is established in United States
Customs and Border Protection an Office of Field Operations.
``(2) Assistant commissioner.--There shall be at the head
of the Office of Field Operations an Assistant Commissioner,
who shall report to the Commissioner.
``(3) Duties.--The Office of Field Operations shall
coordinate the enforcement activities of United States
Customs and Border Protection at United States air, land, and
sea ports of entry to--
``(A) deter and prevent terrorists and terrorist weapons
from entering the United States at such ports of entry;
``(B) conduct inspections at such ports of entry to
safeguard the United States from terrorism and illegal entry
of persons;
``(C) prevent illicit drugs, agricultural pests, and
contraband from entering the United States;
``(D) in coordination with the Commissioner, facilitate and
expedite the flow of legitimate travelers and trade;
``(E) administer the National Targeting Center established
under paragraph (4); and
``(F) carry out other duties and powers prescribed by the
Commissioner.
``(4) National targeting center.--
``(A) In general.--There is established in the Office of
Field Operations a National Targeting Center.
``(B) Executive director.--There shall be at the head of
the National Targeting Center an Executive Director, who
shall report to the Assistant Commissioner of the Office of
Field Operations.
``(C) Duties.--The National Targeting Center shall--
``(i) serve as the primary forum for targeting operations
within United States Customs and Border Protection to collect
and analyze traveler and cargo information in advance of
arrival in the United States;
``(ii) identify, review, and target travelers and cargo for
examination;
``(iii) coordinate the examination of entry and exit of
travelers and cargo; and
``(iv) carry out other duties and powers prescribed by the
Assistant Commissioner.
``(5) Annual report on staffing.--Not later than 30 days
after the date of the enactment of this section and annually
thereafter, the Assistant Commissioner shall submit to the
appropriate congressional committees a report on the staffing
model for the Office of Field Operations, including
information on how many supervisors, front-line United States
Customs and Border Protection officers, and support personnel
are assigned to each Field Office and port of entry.
``(h) Office of Intelligence and Investigative Liaison.--
``(1) In general.--There is established in United States
Customs and Border Protection an Office of Intelligence and
Investigative Liaison.
``(2) Assistant commissioner.--There shall be at the head
of the Office of Intelligence and Investigative Liaison an
Assistant Commissioner, who shall report to the Commissioner.
``(3) Duties.--The Office of Intelligence and Investigative
Liaison shall--
``(A) develop, provide, coordinate, and implement
intelligence capabilities into a cohesive intelligence
enterprise to support the execution of the United States
Customs and Border Protection duties and responsibilities;
``(B) collect and analyze advance traveler and cargo
information;
``(C) establish, in coordination with the Chief
Intelligence Officer of the Department, as appropriate,
intelligence-sharing relationships with Federal, State,
local, and tribal agencies and intelligence agencies; and
``(D) carry out other duties and powers prescribed by the
Commissioner.
``(i) Office of International Affairs.--
``(1) In general.--There is established in United States
Customs and Border Protection an Office of International
Affairs.
``(2) Assistant commissioner.--There shall be at the head
of the Office of International Affairs an Assistant
Commissioner, who shall report to the Commissioner.
``(3) Duties.--The Office of International Affairs, in
collaboration with the Office of International Affairs of the
Department, shall--
``(A) coordinate and support United States Customs and
Border Protection's foreign initiatives, policies, programs,
and activities;
``(B) coordinate and support United States Customs and
Border Protection's personnel stationed abroad;
``(C) maintain partnerships and information sharing
agreements and arrangements with foreign governments,
international organizations, and United States agencies in
support of United States Customs and Border Protection duties
and responsibilities;
``(D) provide necessary capacity building, training, and
assistance to foreign border control agencies to strengthen
global supply chain and travel security;
``(E) coordinate mission support services to sustain United
States Customs and Border Protection's global activities;
``(F) coordinate, in collaboration with the Office of
Policy of the Department, as appropriate, United States
Customs and Border

[[Page H6901]]

Protection's engagement in international negotiations; and
``(G) carry out other duties and powers prescribed by the
Commissioner.
``(j) Office of Internal Affairs.--
``(1) In general.--There is established in United States
Customs and Border Protection an Office of Internal Affairs.
``(2) Assistant commissioner.--There shall be at the head
of the Office of Internal Affairs an Assistant Commissioner,
who shall report to the Commissioner.
``(3) Duties.--The Office of Internal Affairs shall--
``(A) investigate criminal and administrative matters and
misconduct by officers, agents, and other employees of United
States Customs and Border Protection;
``(B) perform investigations of United States Customs and
Border Protection applicants and periodic reinvestigations
(in accordance with section 3001 of the Intelligence Reform
and Terrorism Prevention Act of 2004 (50 U.S.C. 3341; Public
Law 108-458)) of officers, agents, and other employees of
United States Custom and Border Protection, including
investigations to determine suitability for employment and
eligibility for access to classified information;
``(C) conduct polygraph examinations in accordance with
section 3(1) of the Anti-Border Corruption Act of 2010
(Public Law 111-376);
``(D) perform inspections of United States Customs and
Border Protection programs, operations, and offices;
``(E) conduct risk-based covert testing of United States
Customs and Border Protection operations, including for
nuclear and radiological risks;
``(F) manage integrity of United States Customs and Border
Protection counter-intelligence operations, including conduct
of counter-intelligence investigations;
``(G) conduct research and analysis regarding misconduct of
officers, agents, and other employees of United States
Customs and Border Protection; and
``(H) carry out other duties and powers prescribed by the
Commissioner.
``(k) Standard Operating Procedures.--
``(1) In general.--The Commissioner shall establish--
``(A) standard operating procedures for searching,
reviewing, retaining, and sharing information contained in
communication, electronic, or digital devices encountered by
United States Customs and Border Protection personnel at
United States ports of entry;
``(B) standard use of force procedures officers and agents
of United States Customs and Border Protection may employ in
the execution of their duties, including the use of deadly
force and procedures for deescalating confrontations, where
possible;
``(C) a uniform, standardized, and publically-available
procedure for processing and investigating complaints against
officers, agents, and employees of United States Customs and
Border Protection for violations of professional conduct,
including the timely disposition of complaints and a written
notification to the complainant of the status or outcome, as
appropriate, of the related investigation, in accordance with
section 552a of title 5, United States Code (commonly
referred to as the `Privacy Act' or the `Privacy Act of
1974');
``(D) an internal, uniform reporting mechanism regarding
incidents involving the use of deadly force by an officer or
agent of United States Customs and Border Protection,
including an evaluation of the degree to which the procedures
required under subparagraph (B) were followed; and
``(E) standard operating procedures, acting through the
Assistant Commissioner for Air and Marine Operations and in
coordination with the Office of Civil Rights and Civil
Liberties and the Office of Privacy of the Department, to
provide command, control, communication, surveillance, and
reconnaissance assistance through the use of unmanned aerial
systems, including the establishment of--
``(i) a process for other Federal, State, and local law
enforcement agencies to submit mission requests;
``(ii) a formal procedure to determine whether to approve
or deny such a mission request;
``(iii) a formal procedure to determine how such mission
requests are prioritized and coordinated;
``(iv) a process for establishing agreements with other
Federal, State, and local law enforcement agencies regarding
reimbursement for such mission costs; and
``(v) a process regarding the protection and privacy of
data and images collected by United States Customs and Border
Protection through the use of unmanned aerial systems.
``(2) Requirements regarding certain notifications.--The
standard operating procedures established pursuant to
subparagraph (A) of paragraph (1) shall require--
``(A) in the case of a search of information conducted on
an electronic device by United States Customs and Border
Protection personnel, the Commissioner to notify the
individual subject to such search of the purpose and
authority for such search, and how such individual may obtain
information on reporting concerns about such search; and
``(B) in the case of information collected by United States
Customs and Border Protection through a search of an
electronic device, if such information is transmitted to
another Federal agency for subject matter assistance,
translation, or decryption, the Commissioner to notify the
individual subject to such search of such transmission.
``(3) Exceptions.--
``(A) In general.--The Commissioner may withhold the
notifications required under paragraphs (1)(C) and (2) if the
Commissioner determines that such notifications would impair
national security, law enforcement, or other operational
interests.
``(B) Terrorist watch lists.--
``(i) Searches.--If the individual subject to search of an
electronic device pursuant to subparagraph (A) of paragraph
(1) is included on a Government-operated or Government-
maintained terrorist watch list, the notifications required
under paragraph (2) shall not apply.
``(ii) Complaints.--If the complainant using the process
established under subparagraph (C) of paragraph (1) is
included on a Government-operated or Government-maintained
terrorist watch list, the notification required under such
subparagraph shall not apply.
``(4) Update and review.--The Commissioner shall review and
update every three years the standard operating procedures
required under this subsection.
``(5) Audits.--The Inspector General of the Department of
Homeland Security shall develop and annually administer an
auditing mechanism to review whether searches of electronic
devices at or between United States ports of entry are being
conducted in conformity with the standard operating
procedures required under subparagraph (A) of paragraph (1).
Such audits shall be submitted to the appropriate
congressional committees and shall include the following:
``(A) A description of the activities of officers and
agents of United States Customs and Border Protection with
respect to such searches.
``(B) The number of such searches.
``(C) The number of instances in which information
contained in such devices that were subjected to such
searches was retained, copied, shared, or entered in an
electronic database.
``(D) The number of such devices detained as the result of
such searches.
``(E) The number of instances in which information
collected from such device was subjected to such searches was
transmitted to a another Federal agency, including whether
such transmission resulted in a prosecution or conviction.
``(6) Requirements regarding other notifications.--The
standard operating procedures established pursuant to
subparagraph (B) of paragraph (1) shall require--
``(A) in the case of an incident of the use of deadly force
by United States Customs and Border Protection personnel, the
Commissioner to notify the appropriate congressional
committees; and
``(B) the Commissioner to provide to such committees a copy
of the evaluation pursuant to subparagraph (D) of such
paragraph not later than 30 days after completion of such
evaluation.
``(6) Report on unmanned aerial systems.--The Commissioner
shall submit to the appropriate congressional committees an
annual report that reviews whether the use of unmanned aerial
systems are being conducted in conformity with the standard
operating procedures required under subparagraph (E) of
paragraph (1). Such reports--
``(A) shall be submitted with the President's annual
budget;
``(B) may be submitted in classified form if the
Commissioner determines that such is appropriate, and
``(C) shall include--
``(i) a detailed description of how, where, and for how
long data and images collected through the use of unmanned
aerial systems by United States Customs and Border Protection
is collected and stored; and
``(ii) a list of Federal, State, and local law enforcement
agencies that submitted mission requests in the previous year
and the disposition of such requests.
``(l) Training.--
``(1) In general.--The Commissioner shall require all
agents and officers of United States Customs and Border
Protection to participate in a specified amount of continuing
education (to be determined by the Commissioner) to maintain
an understanding of Federal legal rulings, court decisions,
and departmental policies, procedures, and guidelines.
``(2) Ensuring training.--Not later than 90 days after the
date of the enactment of this section, the Commissioner shall
develop a database system that identifies for each United
States Customs and Border Protection officer or agent, by
port of entry or station--
``(A) for each training course, the average time allocated
during on-duty hours within which training must be completed;
``(B) for each training course offered, the duration of
training and the average amount of time an officer must be
absent from work to complete such training course; and
``(C) certification of each training course by a
supervising officer that the officer is able to carry out the
function for which the training was provided, and if training
has been postponed, the basis for postponing such training.
``(3) Use of data.--The Commissioner shall use the
information developed under paragraph (2) to--
``(A) develop training requirements for United States
Customs and Border Protection officers to ensure that such
officers have sufficient training to conduct primary

[[Page H6902]]

and secondary inspections at Untied States ports of entry;
and
``(B) measure progress toward achieving the training
requirements referred to in subparagraph (A).
``(m) Short Term Detention Standards.--
``(1) Access to food and water.--The Commissioner shall
make every effort to ensure that adequate access to food and
water is provided to an individual apprehended and detained
by a United States Border Patrol agent between a United
States port of entry as soon as practicable following the
time of such apprehension or during subsequent short term
detention.
``(2) Access to information on detainee rights at border
patrol processing centers.--
``(A) In general.--The Commissioner shall ensure that an
individual apprehended by a United States Border Patrol agent
is provided with information concerning such individual's
rights, including the right to contact a representative of
such individual's government for purposes of United States
treaty obligations.
``(B) Form.--The information referred to in subparagraph
(A) may be provided either verbally or in writing, and shall
be posted in the detention holding cell in which such
individual is being held. The information shall be provided
in a language understandable to such individual.
``(3) Daytime repatriation.--When practicable,
repatriations shall be limited to daylight hours and avoid
locations that are determined to have high indices of crime
and violence.
``(4) Short term detention defined.--In this subsection,
the term `short term detention' means detention in a United
States Border Patrol processing center for 72 hours or less,
before repatriation to a country of nationality or last
habitual residence.
``(5) Report on procurement process and standards.--Not
later than 180 days after the date of the enactment of this
section, the Comptroller General of the United States shall
submit to the appropriate congressional committees a report
on the procurement process and standards of entities with
which United States Customs and Border Protection has
contracts for the transportation and detention of individuals
apprehended by agents or officers of United States Customs
and Border Protection. Such report should also consider the
operational efficiency of contracting the transportation and
detention of such individuals.
``(6) Report on inspections of short-term custody
facilities.--The Commissioner shall--
``(A) annually inspect all facilities utilized for short
term detention; and
``(B) make publically available information collected
pursuant to such inspections, including information regarding
the requirements under paragraphs (1) and (2) and, where
appropriate, issue recommendations to improve the conditions
of such facilities.
``(n) Wait Times Transparency.--
``(1) In general.--The Commissioner shall--
``(A) publish live wait times at the 20 United States
airports that support the highest volume of international
travel (as determined by available Federal flight data);
``(B) make information about such wait times available to
the public in real time through the United States Customs and
Border Protection Web site;
``(C) submit to the appropriate congressional committees
quarterly reports that include compilations of all such wait
times and a ranking of such United States airports by wait
times; and
``(D) provide adequate staffing at the United States
Customs and Border Protection information center to ensure
timely access for travelers attempting to submit comments or
speak with a representative about their entry experiences.
``(2) Calculation.--The wait times referred to in paragraph
(1)(A) shall be determined by calculating the time elapsed
between an individual's entry into the United States Customs
and Border Protection inspection area and such individual's
clearance by a United States Customs and Border Protection
officer.
``(o) Other Authorities.--
``(1) In general.--The Secretary may establish such other
offices or Assistant Commissioners (or other similar officers
or officials) as the Secretary determines necessary to carry
out the missions, duties, functions, and authorities of
United States Customs and Border Protection.
``(2) Notification.--If the Secretary exercises the
authority provided pursuant to paragraph (1), the Secretary
shall notify the appropriate congressional committees not
later than 30 days before exercising such authority.
``(p) Other Federal Agencies.--Nothing in this section may
be construed as affecting in any manner the existing
authority of any other Federal agency, including the
Transportation Security Administration with respect to the
duties of United States Customs and Border Protection
described in subsection (c).''.
(b) Special Rules.--
(1) Treatment.--Section 411 of the Homeland Security Act of
2002, as amended by subsection (a) of this section, shall be
treated as if included in such Act as of the date of the
enactment of such Act, and, in addition to the functions,
missions, duties, and authorities specified in such amended
section 411, United States Customs and Border Protection
shall continue to perform and carry out the functions,
missions, duties, and authorities under section 411 of such
Act as in existence on the day before such date of enactment,
and section 415 of such Act.
(2) Rules of construction.--
(A) Rules and regulations.--Notwithstanding paragraph (1),
nothing in this Act may be construed as affecting in any
manner any rule or regulation issued or promulgated pursuant
to any provision of law, including section 411 of the
Homeland Security Act of 2002 as in existence on the day
before the date of the enactment of this Act, and any such
rule or regulation shall continue to have full force and
effect on and after such date.
(B) Other actions.--Notwithstanding paragraph (1), nothing
in this Act may be construed as affecting in any manner any
action, determination, policy, or decision pursuant to
section 411 of the Homeland Security Act of 2002 as in
existence on the day before the date of the enactment of this
Act, and any such action, determination, policy, or decision
shall continue to have full force and effect on and after
such date.
(c) Continuation in Office.--
(1) Commissioner.--The individual serving as the
Commissioner of Customs on the day before the date of the
enactment of this Act may serve as the Commissioner of United
States Customs and Border Protection on and after such date
of enactment until a Commissioner of United States Customs
and Border Protection is appointed under section 411 of the
Homeland Security Act of 2002, as amended by subsection (a)
of this section.
(2) Other positions.--The individuals serving as Assistant
Commissioners and other officers and officials under section
411 of the Homeland Security Act of 2002 on the day before
the date of the enactment of this Act may serve as the
appropriate Assistant Commissioners and other officers and
officials under such section 411 as amended by subsection (a)
of this section unless the Commissioner of United States
Customs and Border Protection determines that another
individual should hold such position or positions.
(d) Reference.--
(1) Title 5.--Section 5314 of title 5, United States Code,
is amended by striking ``Commissioner of Customs, Department
of Homeland Security'' and inserting ``Commissioner of United
States Customs and Border Protection, Department of Homeland
Security''.
(2) Other references.--On and after the date of the
enactment of this Act, any reference in law or regulations to
the ``Commissioner of Customs'' or the ``Commissioner of the
Customs Service'' shall be deemed to be a reference to the
Commissioner of United States Customs and Border Protection.
(e) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et
seq.) is amended by striking the item relating to section 411
and inserting the following new item:

``Sec. 411. Establishment of United States Customs and Border
Protection; Commissioner, Deputy Commissioner, and
operational offices.''.

SEC. 3. REPEALS.

Sections 416, 418, and 443 of the Homeland Security Act of
2002 (6 U.S.C. 216, 218, and 253), and the items relating to
such sections in the table of contents in section 1(b) of
such Act, are repealed.

SEC. 4. CLERICAL AND CONFORMING AMENDMENTS.

(a) In General.--The Homeland Security Act of 2002 (6
U.S.C. 101 et seq.) is amended--
(1) in title I--
(A) in section 102(f)(10) (6 U.S.C. 112(f)(10)), by
striking ``the Directorate of Border and Transportation
Security'' and inserting ``Commissioner of United States
Customs and Border Protection''; and
(B) in section 103(a)(1) (6 U.S.C. 113(a)(1))--
(i) in subparagraph (C), by striking ``An Under Secretary
for Border and Transportation Security.'' and inserting ``A
Commissioner of United States Customs and Border
Protection.''; and
(ii) in subparagraph (G), by striking ``A Director of the
Office of Counternarcotics Enforcement.'' and inserting ``A
Director for United States Immigration and Customs
Enforcement.'';
(2) in title IV--
(A) by striking the title heading and inserting ``BORDER,
MARITIME, AND TRANSPORTATION SECURITY''; and
(B) in subtitle A--
(i) by striking the subtitle heading and inserting
``Border, Maritime, and Transportation Security
Responsibilities and Functions''; and
(ii) in section 402 (6 U.S.C. 202)--

(I) in the section heading, by striking
``responsibilities'' and inserting ``border, maritime, and
transportation responsibilities''; and
(II) by striking ``, acting through the Under Secretary for
Border and Transportation Security,'';

(C) in subtitle B--
(i) by striking the subtitle heading and inserting ``United
States Customs and Border Protection'';
(ii) in section 412(b) (6 U.S.C. 212), by striking ``United
States Customs Service'' each place it appears and inserting
``United States Customs and Border Protection'';
(iii) in section 413 (6 U.S.C. 213), by striking
``available to the United States Customs Service or'';

[[Page H6903]]

(iv) in section 414 (6 U.S.C. 214), by striking ``United
States Customs Service'' and inserting ``United States
Customs and Border Protection''; and
(v) in section 415 (6 U.S.C. 215)--

(I) in paragraph (7), by inserting before the colon the
following: ``, and of United States Customs and Border
Protection on the day before the effective date of the United
States Customs and Border Protection Authorization Act''; and
(II) in paragraph (8), by inserting before the colon the
following: ``, and of United States Customs and Border
Protection on the day before the effective date of the United
States Customs and Border Protection Authorization Act'';

(D) in subtitle C--
(i) by striking section 424 (6 U.S.C. 234) and inserting
the following new section:

``SEC. 424. PRESERVATION OF TRANSPORTATION SECURITY
ADMINISTRATION AS A DISTINCT ENTITY.

``Notwithstanding any other provision of this Act, the
Transportation Security Administration shall be maintained as
a distinct entity within the Department.''; and
(ii) in section 430 (6 U.S.C. 238)--

(I) by amending subsection (a) to read as follows:

``(a) Establishment.--There is established in the
Department an Office for Domestic Preparedness.'';

(II) in subsection (b), by striking the second sentence;
and
(III) in subsection (c)(7), by striking ``Directorate'' and
inserting ``Department''; and

(E) in subtitle D--
(i) in section 441 (6 U.S.C. 251)--

(I) by striking the section heading and inserting
``transfer of functions''; and
(II) by striking ``Under Secretary for Border and
Transportation Security'' and inserting ``Secretary''; and

(ii) by amending section 444 (6 U.S.C. 254) to read as
follows:

``SEC. 444. EMPLOYEE DISCIPLINE.

``Notwithstanding any other provision of law, the Secretary
may impose disciplinary action on any employee of United
States Immigration and Customs Enforcement and United States
Customs and Border Protection who willfully deceives Congress
or agency leadership on any matter.''.
(b) Conforming Amendments.--Section 401 of the Homeland
Security Act of 2002 (6 U.S.C. 201) is repealed.
(c) Clerical Amendments.--The table of contents in section
1(b) of the Homeland Security Act of 2002 is amended--
(1) by striking the item relating to title IV and inserting
the following:

``TITLE IV--BORDER, MARITIME, AND TRANSPORTATION SECURITY'';

(2) by striking the item relating to subtitle A of title IV
and inserting the following:

``Subtitle A--Border, Maritime, and Transportation Security
Responsibilities and Functions'';

(3) by striking the item relating to section 401;
(4) by striking the item relating to subtitle B of title IV
and inserting the following:

``Subtitle B--United States Customs and Border Protection'';

(5) by striking the item relating to section 441 and
inserting the following:

``Sec. 441. Transfer of functions.''; and
(6) by striking the item relating to section 442 and
inserting the following:

``Sec. 442. United States Immigration and Customs Enforcement.''.

SEC. 5. REPORTS AND ASSESSMENTS.

(a) Report on Contract Management Acquisition and
Procurement Personnel.--Not later than 60 days after the date
of the enactment of this Act and biennially thereafter, the
Commissioner of United States 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 a report on--
(1) the number of contract management acquisition and
procurement personnel assigned to the Office of Technology
Innovation and Acquisition (or successor office) of United
States Customs and Border Protection, categorized by
position;
(2) the average aggregate value of the contracts each
contract officer, contract specialist, and contract officer
representative employee is responsible for managing; and
(3) the number of additional acquisition and procurement
personnel, categorized by position, and contract management
specialists United States Customs and Border Protection would
need to ensure compliance with Federal acquisition standards,
departmental management directives, and United States Customs
and Border Protection contracting needs.
(b) Report on Migrant Deaths.--Not later 180 days after the
date of the enactment of this Act, the Commissioner of United
States Customs and Border Protection shall, to the extent
practicable, make publically available information that the
United States Border Patrol has collected on migrant deaths
occurring along the United States-Mexico border, including
information on the following:
(1) The number of documented migrant deaths.
(2) The location where such migrant deaths occurred.
(3) To the extent possible, the cause of death for each
migrant.
(4) The extent to which border technology, physical
barriers, and enforcement programs have contributed to such
migrant deaths.
(5) A description of United States Customs and Border
Protection programs or plans to reduce the number of migrant
deaths along the border, including an assessment on the
effectiveness of water supply sites and rescue beacons.
(c) Report on Business Transformation Initiative.--Not
later than 90 days after the date of the enactment of this
Act, the Commissioner of United States Customs and Border
Protection shall submit to the Committee on Homeland Security
and the Committee on Ways and Means of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs and the Committee on Finance of the
Senate a report on United States Customs and Border
Protection's Business Transformation Initiative, including
locations where the Initiative is deployed, the types of
equipment utilized, a description of protocols and
procedures, information on wait times at such locations since
deployment, and information regarding the schedule for
deployment at new locations.
(d) Report on Unaccompanied Alien Children Apprehended at
the Border.--Not later than 90 days after the date of the
enactment of this Act and annually thereafter, the
Commissioner of United States 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 a report on
unaccompanied alien children apprehended at the borders of
the United States. Such report shall include the following:
(1) Information on the number, nationality, age, and
location of the apprehensions of such unaccompanied alien
children in the current fiscal year and for each of the three
prior fiscal years.
(2) The average length of time an unaccompanied alien child
is in the custody of United States Customs and Border
Protection before being transferred to the custody of another
Federal agency in the current fiscal year and for each of
three prior fiscal years.
(3) A description of current and planned activities to
discourage efforts to bring unaccompanied alien children to
the United States without authorization.
(4) A description of training provided to officers and
agents of United States Customs and Border Protection
regarding unaccompanied alien children, including the number
of such officers and agents who are so trained.
(5) An assessment of the existing officers, agents, and
resources of United States Customs and Border Protection
being utilized to address unaccompanied alien children.
(6) An assessment of whether current facilities utilized by
United States Customs and Border Protection to house
unaccompanied alien children are adequate to comply with all
applicable laws, regulations, and standards regarding
housing, feeding, and providing medical care for such
children.
(7) An identification and assessment of the factors causing
unaccompanied alien children to migrate to the United States,
including an assessment of how perceptions of enforcement
policies and economic and social conditions, including
incidents of violence, in countries of origin or last
habitual residence may be attributed to a rise in attempted
entries into the United States.
(8) Information on United States Border Patrol resources
spent to care for unaccompanied alien children in the custody
of the United States Border Patrol, including the number of
United States Border Patrol agents assigned to care for
unaccompanied alien children.
(9) Future estimates of Department of Homeland Security
resources needed to care for expected increases in
unaccompanied alien children.
(10) An identification of any operational or policy
challenges impacting the Department of Homeland Security as a
result of any expected increase in unaccompanied alien
children.
(11) Information on any additional resources necessary to
carry out United States Customs and Border Protection's
responsibilities with respect to unaccompanied alien
children.
(e) Port of Entry Infrastructure Needs Assessments.--Not
later 180 days after the date of the enactment of this Act,
the Commissioner of United States Customs and Border
Protection shall assess the physical infrastructure and
technology needs at the 20 busiest land ports of entry (as
measured by United States Customs and Border Protection) with
a particular attention to identify ways to--
(1) improve travel and trade facilitation;
(2) reduce wait times;
(3) improve physical infrastructure and conditions for
individuals accessing pedestrian ports of entry;
(4) enter into long-term leases with nongovernmental and
private sector entities;
(5) enter into lease-purchase agreements with
nongovernmental and private sector entities; and
(6) achieve cost savings through leases described in
paragraphs (4) and (5).
(f) Unmanned Aerial Systems Strategy.--Not later than 180
days after the date of the enactment of this Act, the
Commissioner of United States 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

[[Page H6904]]

the Senate a strategy for its Unmanned Aerial Systems
program. Such strategy shall include, at a minimum, the
following:
(1) The mission and goals of such program.
(2) The expected level of unmanned aerial systems
operations.
(3) The funding and anticipated stakeholder needs and
resource requirements of such program.
(g) Report on Biometric Exit Data Capability at Airports.--
Not later than 90 days after the date of the enactment of
this Act, the Commissioner of United States 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 a
report on the efforts of United States Customs and Border
Protection, in conjunction with the Directorate Science and
Technology of the Department of Homeland Security, to
evaluate technologies to provide a biometric exit capability
at airports. Such report shall include the technologies
tested, the results of such tests to date, plans for any
future testing, and a schedule of anticipated deployment of
those or other technologies.
(h) CBP Officer Training.--Not later than 90 days after the
date of the enactment of this Act, the Commissioner of United
States 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 a report on the current
capacity of United States Customs and Border Protection to
hire, train, and deploy additional United States Customs and
Border Protection officers, including an assessment of any
additional resources necessary to hire, train, and deploy
United States Customs and Border Protection officers to meet
staffing needs, as identified by the United States Customs
and Border Protection staffing model.
(i) Report on the Security of United States International
Borders.--Not later than 180 days after the date of the
enactment of this Act, the Commissioner of United States
Customs and Border Protection shall develop and implement
specific metrics for measuring the status of security of
United States international borders at and between ports of
entry, including measuring the effectiveness of current
border security resource allocations uniformly across all
United States Customs and Border Protection sectors, informed
by input from individuals and relevant stakeholders who live
and work near such borders, 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 such metrics and such status.
(j) Personal Searches.--Not later than 90 days after the
date of the enactment of this Act, the Commissioner of United
States 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 a report on supervisor-
approved personal searches conducted in the previous year by
United States Customs and Border Protection personnel. Such
report shall include the number of personal searches
conducted in each sector and field office, the number of
invasive personal searches conducted in each sector and field
office, whether personal searches were conducted by Office of
Field Operations or United States Border Patrol personnel,
and how many personal searches resulted in the discovery of
contraband.

SEC. 6. INTERNATIONAL INITIATIVES.

(a) North and Central American Border Security Cooperation
Initiative.--The Secretary of Homeland Security, in
coordination with the Secretary of State, shall engage with
the appropriate officials of the Government of Canada and the
Government of Mexico to assess the specific needs of the
countries of Central America to maintain the security of the
international borders of such countries and determine the
support needed by such countries from the United States,
Canada, and Mexico, to meet such needs.
(b) Caribbean Cooperation Initiative.--The Secretary of
Homeland Security, in coordination with the Secretary of
State, shall engage with appropriate officials of the
governments of the countries of the Caribbean to establish a
program to assess the specific needs of such countries to
address the unique challenges of maritime border security.
(c) Mexico's Southern Border Security Initiative.--The
Secretary of Homeland Security, in coordination with the
Secretary of State, shall engage with appropriate officials
of the Government of Mexico to assess the specific needs to
help secure Mexico's southern border from undocumented
aliens, drugs, weapons and other contraband.
(d) Reporting.--The Secretary of Homeland Security shall
submit to the Committee on Homeland Security and the
Committee on Foreign Affairs of the House of Representatives
and the Committee on Homeland Security and Governmental
Affairs and the Committee on Foreign Relations of the Senate
a report on the assessment of needs carried out under this
section.

SEC. 7. TREATMENT OF CERTAIN APPLICATIONS FOR PORT OF ENTRY
STATUS.

The Commissioner of United States Customs and Border
Protection shall give priority consideration to an
application for port of entry status submitted by any
commercial airport if such airport served at least 100,000
deplaned international passengers in the previous calendar
year.

SEC. 8. TRUSTED TRAVELER PROGRAMS.

The Secretary of Homeland Security may not enter into or
renew an agreement with the government of a foreign country
for a trusted traveler program administered by United States
Customs and Border Protection unless the Secretary certifies
in writing that such government--
(1) routinely submits to INTEPOL for inclusion in
INTERPOL's Stolen and Lost Travel Documents database
information about lost and stolen passports and travel
documents of the citizens and nationals of such country; or
(2) makes available to the United States Government the
information described in paragraph (1) through another means
of reporting.

SEC. 9. SENSE OF CONGRESS REGARDING THE FOREIGN LANGUAGE
AWARD PROGRAM.

(a) Findings.--Congress finds the following:
(1) Congress established the Foreign Language Award Program
(FLAP) to incentivize employees at United States ports of
entry to utilize their foreign language skills on the job by
providing a financial incentive for the use of the foreign
language for at least ten percent of their duties after
passage of competency tests. FLAP incentivizes the use of
more than two dozen languages and has been instrumental in
identifying and utilizing United States Customs and Border
Protection officers and agents who are proficient in a
foreign language.
(2) In 1993, Congress provided for dedicated funding for
this program by stipulating that certain fees collected by
United States Customs and Border Protection to fund FLAP.
(3) Through FLAP, foreign travelers are aided by having an
officer at a port of entry who speaks their language, and
United States Customs and Border Protection benefits by being
able to focus its border security efforts in a more effective
manner.
(b) Sense of Congress.--It is the sense of Congress that
FLAP incentivizes United States Customs and Border Protection
officers and agents to attain and maintain competency in a
foreign language, thereby improving the efficiency of
operations for the functioning of United States Customs and
Border Protection's security mission, making the United
States a more welcoming place when foreign travelers find
officers can communicate in their language, and helping to
expedite traveler processing to reduce wait times.

SEC. 10. PROHIBITION ON NEW APPROPRIATIONS.

No additional funds are authorized to be appropriated to
carry out this Act and the amendments made by this Act, and
this Act and such amendments shall be carried out using
amounts otherwise made available for such purposes.

The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
Michigan (Mrs. Miller) and the gentlewoman from Texas (Ms. Jackson Lee)
each will control 20 minutes.
The Chair recognizes the gentlewoman from Michigan.

{time} 1615

General Leave

Mrs. MILLER of Michigan. Mr. Speaker, I ask unanimous consent that
all Members have 5 legislative days within which to revise and extend
their remarks and to include any extraneous material on the bill under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Michigan?
There was no objection.
Mrs. MILLER of Michigan. Mr. Speaker, I yield myself such time as I
may consume.
I rise in support of H.R. 3846, the United States Customs and Border
Protection Authorization Act, and I certainly want to thank my
colleagues, the chairman of the full Homeland Security Committee, Mr.
McCaul, and the ranking member, Mr. Thompson, and my ranking member on
the subcommittee, Ms. Jackson Lee.
The Homeland Security Committee has a strong history of collaboration
and bipartisanship, and I think this bill illustrates our ability to
find consensus as we work to strengthen the homeland.
This is a very important day not only for the men and women of
Customs and Border Protection, CBP, but also for the U.S. House of
Representatives. This past week actually marks the 10-year anniversary
of the release of the 9/11 Commission's recommendations to Congress.
While most of these recommendations were implemented, unfortunately,
several remained unfulfilled or incomplete.
Among one of the most important incomplete recommendations was for
Congress to create a single, principal point of oversight and review
for homeland security. The fractured jurisdiction over the Department
of Homeland

[[Page H6905]]

Security has certainly limited Congress' ability to provide effective
guidance to the third largest agency in the Federal Government. In the
10 years since the Department was created, it has never had a
comprehensive reauthorization; and, as a result, components such as
Customs and Border Protection have never been authorized in statute
since being transferred to the Department of Homeland Security through
the Homeland Security Act of 2002.
While there remain several committees with overlapping oversight of
the Department of Homeland Security, I believe this legislation that is
on the floor today is a testament that this body can still work
together to fulfill Congress' primary responsibilities under the
Constitution.
As I mentioned, CBP, with more than 44,000 law enforcement officers
and agents, has never been formally authorized in statute. As a result,
CBP operates on devolved authority granted to the Secretary of Homeland
Security and on guidance provided by Congress through annual
appropriation bills rather than from specific authority accorded to the
component by its authorizers.
H.R. 3846, the United States Customs and Border Protection
Authorization Act, is the first attempt by Congress since the passage
of the Homeland Security Act of 2002 and the creation of the Department
of Homeland Security to clearly delineate the current authorities and
responsibilities of the largest Federal law enforcement entity in our
Nation. The fact that this agency has been operating for as long as
they have without a clear statutory mandate from Congress and the
American people certainly is a problem that needs to be corrected.
The Homeland Security Act, when passed nearly 12 years ago, was sort
of a snapshot in time that reflects the choices made by Congress to
quickly cobble together 22 agencies. Now is the time to update the
statute and make changes where necessary to reflect the current
security missions of the Department within CBP, which have
significantly evolved over the last decade.
For example, after DHS was created, most of the authority for the
work CBP currently performs was vested in a position called the Under
Secretary of Border and Transportation Security. And if you haven't
heard of it lately, it is because it was eliminated by then-Secretary
Chertoff in 2005. Nonetheless, the position remains in law. I use that
as an example.
So this bill is a first step in fixing outdated provisions from the
source legislation that created the Department. Congress has the
responsibility to give the Department of Homeland Security and its
components the necessary direction through the regular authorization
process, and this measure is a very important first step in doing so.
This bill provides a basic outline of the missions and
responsibilities that we give to the Commissioner of CBP and its
subcomponents--such as the Office of Field Operations, the United
States Border Patrol, the Office of Air and Marine Operations, the
Office of Intelligence and Investigative Liaison, and the Office of
International Affairs--so they know what this Congress expects.
In addition to fixing the outdated provisions in the law, this
legislation goes a long way in ensuring transparency and oversight in
CBP. This bill also contains strong accountability measures to ensure
that agents and officers respect civil rights, civil liberties and use
force policies, especially with regard to the use of deadly force.
With the ongoing crisis of unaccompanied children crossing the border
in ever-increasing numbers, making sure that we understand the root
causes of the surge is vitally important as well. This bill includes a
provision that takes a very hard look at why these children are coming
so that we can provide the men and women of the Border Patrol and CBP
the tools to stem the tide.
Issues like the recent surge remind us of why we need to continually
update the authorities of key law enforcement agencies within the
Department of Homeland Security. CBP's mission continues to change, and
this Congress has a duty to give our officers and the agents proper
authorities to carry out their important work.
Finally, I want to commend the work and the assistance of CBP and the
Department of Homeland Security over the past 2 years since we have
started the intricate task of cleaning up the Homeland Security Act.
Their assistance really helped to make this bill much better.
I urge my colleagues, Mr. Speaker, to support this good government,
commonsense legislation.
I reserve the balance of my time.

House of Representatives,

Committee on Ways and Means,

Washington, DC, June 26, 2014.
Hon. Michael McCaul,
Chairman, Committee on Homeland Security,
Washington, DC.
Dear Chairman McCaul: I am writing concerning H.R. 3846,
the ``United States Customs and Border Protection
Authorization Act of 2014,'' which was favorably reported out
of your Committee on June 11, 2014.
Given that numerous provisions in the bill are within the
jurisdiction of the Committee on Ways and Means, I appreciate
that you have addressed these provisions in response to the
Committee's concerns. As a result, in order to expedite floor
consideration of the bill, the Committee on Ways and Means
will forego action on H.R. 3846. This is also being done with
the understanding that it does not in any way prejudice the
Committee with respect to the appointment of conferees or its
jurisdictional prerogatives on this or similar legislation.
I would appreciate your response to this letter, confirming
this understanding with respect to H.R. 3846, and would ask
that a copy of our exchange of letters on this matter be
included in the Congressional Record during Floor
consideration.
Sincerely,
Dave Camp,
Chairman.
____

House of Representatives,

Committee on Homeland Security,

Washington, DC, June 30, 2014.
Hon. Dave Camp,
Chairman, Committee on Ways and Means,
Washington, DC.
Dear Chairman Camp: Thank you for your letter regarding
H.R. 3846, the ``United States Customs and Border Protection
Authorization Act of 2014.'' I acknowledge that by forgoing
action on this legislation, your Committee is not diminishing
or altering its jurisdiction.
I also concur with you that forgoing action on this bill
does not in any way prejudice the Committee on Ways and Means
with respect to its jurisdictional prerogatives on this bill
or similar legislation in the future. I would support your
effort to seek appointment of an appropriate number of
conferees to any House-Senate conference involving this
legislation.
I will include our letters in the report accompanying H.R.
3846 and in the Congressional Record during consideration of
this measure on the floor. I appreciate your cooperation
regarding this legislation, and I look forward to working
with the Committee on Ways and Means as the bill moves
through the legislative process.
Sincerely,
Michael T. McCaul,
Chairman.
____

House of Representatives,

Committee on the Judiciary,

Washington, DC, July 24, 2014.
Hon. Michael McCaul,
Chairman, Committee on Homeland Security,
Washington, DC.
Dear Chairman McCaul: I am writing concerning H.R. 3846,
the ``United States Customs and Border Protection
Authorization Act,'' which your Committee ordered reported on
June 11, 2014.
As a result of your having consulted with the Committee on
the provisions in our jurisdiction and in order to expedite
the House's consideration of H.R. 3846, the Committee on the
Judiciary will not assert a jurisdictional claim over this
bill by seeking a sequential referral. However, this is
conditional on our mutual understanding and agreement that
doing so will in no way diminish or alter the jurisdiction of
the Committee on the Judiciary with respect to the
appointment of conferees or to any future jurisdictional
claim over the subject matters contained in the bill or
similar legislation.
I would appreciate your response to this letter confirming
this understanding, and would request that you include a copy
of this letter and your response in the Committee Report and
in the Congressional Record during the floor consideration of
this bill.
Sincerely,
Bob Goodlatte,
Chairman.
____

House of Representatives,

Committee on Homeland Security,

Washington, DC, July 24, 2014.
Hon. Bob Goodlatte,
Chairman, Committee on the Judiciary,
Washington, DC.
Dear Chairman Goodlatte: Thank you for your letter
regarding the Committee on the Judiciary's jurisdictional
interest in H.R. 3846, the ``United States Customs and Border
Protection Authorization Act.'' I acknowledge that by
foregoing a sequential referral on this legislation, your
Committee is not diminishing or altering its jurisdiction.
I also concur with you that forgoing action on this bill
does not in any way prejudice the Committee on the Judiciary
with respect to its jurisdictional prerogatives on this bill
or similar legislation in the future, and I would

[[Page H6906]]

support your effort to seek an appointment of an appropriate
number of conferees to any House-Senate conference involving
this or similar legislation.
Finally, I will include your letter and this response in
the Congressional Record during consideration of this bill on
the House floor. I appreciate your cooperation regarding this
legislation, and I look forward to working with the Committee
on the Judiciary as H.R. 3846 moves through the legislative
process.
Sincerely,
Michael T. McCaul,
Chairman.

Ms. JACKSON LEE. I yield myself such time as I may consume.
I rise in strong support of H.R. 3846, the United States Customs and
Border Protection Authorization Act.
Mr. Speaker, I am a proud original cosponsor of the bill sponsored by
my subcommittee chairman, the gentlewoman from Michigan (Mrs. Miller).
We are working throughout this Congress in a bipartisan manner, and it
seems that our particular subcommittee has been particularly energized
by a number of issues that have come to the attention of the American
people.
This is an authorization bill that is long overdue. U.S. Customs and
Border Protection is among the largest and most significant of the
Department of Homeland Security's components. CBP is charged with
ensuring the security of America's borders while facilitating
legitimate trade and travel.
I want to take a moment, Mr. Speaker, to just offer my appreciation
for the hardworking men and women that come under CBP. They are on the
border. They are on the northern and southern borders. They are in our
ports, both airports and seaports, and so I think it is appropriate for
us to take a moment and express our appreciation.
Might I also, just as another aside, express my appreciation for the
transportation security work of the TSOs. As we were working on their
issues, we lost one of our very brave agents in the last year. All of
them should be appreciated.
Again, despite the essential nature of CBP's mission, it has not been
authorized in law since the recognition of the Department of Homeland
Security announced by Secretary of Homeland Security Michael Chertoff 9
years ago this month. It is imperative that CBP is authorized in law to
ensure that Congress can conduct proper oversight of the agency and its
programs. This legislation does just that.
I am very pleased to have been part of crafting legislation that
really responds to an important need: giving the guidelines and
infrastructure and structure to make sure that we have a security arm
of the DHS that really works, that we appreciate, and that has a
guideline to operate effectively. I am pleased that the bill includes
several amendments offered by Democratic members during consideration
by the Homeland Security Committee.
Again, I want to thank Chairman McCaul and Ranking Member Thompson of
the full committee for their bipartisan efforts, working with Chairman
Miller and myself on this legislation.
I was particularly pleased that the committee accepted an amendment I
offered to help address the recent surge in the number of unaccompanied
children entering the U.S. at increasingly younger ages, particularly
in my home State of Texas. Let me be very clear: this is a humanitarian
crisis and an issue that I think we are finding our way forward on, and
I hope as we are passing this legislation, we will also pass the
emergency supplemental that is needed for this issue and many others.
This issue requires immediate attention from Congress given that the
welfare of so many children is at stake.
I am also pleased that, during committee consideration, an amendment
offered by the gentlewoman from California (Ms. Sanchez) was adopted to
enhance CBP's oversight of an adherence to short-term detention
standards at these facilities. While these facilities are not intended
to house individuals for long-term immigration detention, it is
imperative that basic standards are adhered to in order to ensure the
health and well-being of people, including children in CBP custody.
So many of us have gone to the border in years past. I have been in
many detention facilities over the years as I have served on this
committee. We know that standards are important for whatever facility
that we have. Whether they are detention facilities for adults who are
coming across illegally or other resources that are needed, we must
have a standard.
I am also pleased that the committee accepted an amendment offered by
the gentleman from California (Mr. Swalwell) stating that CBP may not
enter into or renew a Trusted Traveler Program agreement with a foreign
government unless that government reports lost and stolen passport data
to Interpol. We know that passengers on Malaysia Airlines Flight 370
were traveling on stolen passports, and that enormous tragedy is still
unsolved. While the U.S. has relatively limited ability to ensure
foreign governments utilize Interpol's database, encouraging them to
report their own lost and stolen passports improves the quality of
Interpol's list used by the U.S. to screen travelers to and from our
country.
That said, I was disappointed the committee did not accept an
amendment I offered to increase, by an additional 2,000, the number of
CBP officers deployed at our ports of entry. I think we are seeing that
there have been a number of State efforts that this number of CBP
officers might have countered, and I look forward to us continuing to
pursue opportunities to increase those numbers.
Congress recently provided the resources necessary to hire 2,000
additional CBP officers, but still more are needed. I understand
current budgetary constraints, but so many of the challenges CBP faces
at our ports of entry are related to or affected by persistent staffing
shortages. Congress has a responsibility to do its part to alleviate
these shortages, and I hope to continue to work with my colleagues on
both sides of the aisle on this important issue.
That said, I strongly support the bill and am pleased that Customs
and Border Protection will, for the first time in the years that they
have been organized, in 2014, under the present chairman and myself,
the ranking member, be authorized in its current form.
Mr. Speaker, I reserve the balance of my time.
Mrs. MILLER of Michigan. Mr. Speaker, I yield such time as he may
consume to the gentleman from Texas (Mr. McCaul), the chairman of the
Committee on Homeland Security, who has been a very passionate advocate
for this particular piece of legislation. It really has been under his
direction that we have worked on this very much together.
Mr. McCAUL. Mr. Speaker, I first want to commend the chairwoman of
the Subcommittee on Border and Maritime Security and the ranking
member, Ms. Jackson Lee, for their hard work and efforts in trying to
secure the border, first and foremost, but also in achieving what has
never been achieved before, and that is an authorization bill for
Customs and Border Patrol.
In the history of the Congress, this is the first time. It is very
important, Mr. Speaker, that we do this. It is very important that we
support our men and women in blue and in green, Customs and Border
Patrol, for the hard work and dedication day in and day out in what
some would say is a thankless job. What we are doing, what Chairwoman
Miller and Ranking Member Jackson Lee have done, for the first time
Congress has recognized them and validated them in their mission to
secure the border that they do day in and day out.
I need not go into details about the latest border crisis that we are
suffering through. Certainly the gentlewoman from Texas (Ms. Jackson
Lee) knows as well as I do that this is a crisis that demands action, a
call to action, and a solution from Congress.
I believe that authorizing CBP is a first step, but it is also the
first step toward this committee authorizing the entire Department of
Homeland Security. It is my goal within the next year, for the first
time in the history of Congress, to authorize the Department of
Homeland Security.
And shame on us, shame on Congress for never authorizing this
Department. You don't think that impacts morale? You don't think it
gives a misguided message from the Congress that we don't support them?
I think, above all, what this bill does is it says: we support you; we
support you in your job.
These Border Patrol officers that I see down there, these agents,
they get

[[Page H6907]]

rocks thrown at them. They get shot at. They have to deal in harsh
conditions and the heat. And the customs agents at the ports of entry,
I can't think of--someone would say ``thankless,'' but I can't think of
a more important job in terms of protecting the sovereignty of the
United States and protecting our borders day in and day out from
threats that come in.

{time} 1630

Mr. Speaker, if 60,000 children can just walk right across our border
in the Rio Grande Valley sector, what does that say about our state of
border security? What does that say? I met with the general of
SOUTHCOM, General Kelly, and he told me: If they are coming in, what
else is coming into the United States?
That is why this bill is so important, that is why border security is
so important. I pledge to my committee members and to this Congress
that we are going to get this job done. This is the first step, the
beginning and the first step to finally getting this job done. We can
report back to the American people that we have finally once and for
all secured the border of the United States of America.
Mr. Speaker, I rise in support of H.R. 3846, the United States
Customs and Border Protection Authorization Act, and thank Chairwoman
Miller for her hard work on this legislation. This measure would
authorize U.S. Customs and Border Protection for the first time ever.
It also provides greater transparency, accountability and oversight of
the nation's largest law enforcement agency. U.S. Customs and Border
Protection has an important mission of securing the homeland, while
simultaneously ensuring the flow of legitimate trade and travel at our
nation's borders.
The Commissioner of CBP must oversee an agency that includes the
Office of Field Operations, the U.S. Border Patrol, the Office of Air
and Marine, and numerous other subcomponents responsible for a range of
missions from acquiring and maintaining technology on the border, to
conducting polygraph investigations to ensure new hires do not have
derogatory backgrounds. As an agency with more than 44,000 Federal Law
Enforcement Officers, it is absolutely essential that Congress
authorize CBP, and other DHS components, on a routine basis.
This past week marked the ten year anniversary of the release of the
9/11 Commission's recommendations to Congress. Among the most important
incomplete recommendations was for Congress to create a single,
principal point of oversight and review for homeland security.
Unfortunately, the number of committees and subcommittees overseeing
DHS has only increased since this recommendation was first offered, and
has resulted in significant strains on DHS leadership, who are required
to answer to multiple Committees that sometimes provide contradictory
guidance.
Authorizing the Department and its components like CBP, thus
fulfilling our obligations as an authorizing committee, remains my top
priority for this Committee. As Chairman of the House Homeland Security
Committee, I can certainly attest that fractured jurisdiction over the
Department of Homeland Security has limited Congress' ability to
provide effective guidance to DHS. In the ten years since the
Department was created, it has never had a comprehensive
reauthorization. Similarly, components such as U.S. Customs and Border
Protection, have never been authorized in statute since being
transferred to the Department of Homeland Security in 2002, despite
undergoing significant reorganizations in the nearly twelve years since
the Department's establishment.
Thus, I want to thank my colleagues, and especially Chairman Camp and
the Committee on Ways and Means, for their collaboration in bringing
this legislation to the Floor.
This measure has strong bipartisan support, and includes more than 30
amendments offered by Committee members of both parties, during the
subcommittee and full committee markups. As a result, this measure
passed the Committee unanimously, which truly represents the
cooperation we strive to achieve. I would like to thank Ranking Member
Thompson for his work on this bill and the contributions of our
Democratic Members.
I urge my colleagues to support this bill, which will authorize U.S.
Customs and Border Protection for the first time, and will provide
greater transparency, accountability, and oversight over this important
component.
Ms. JACKSON LEE. Mr. Speaker, I yield myself such time as I may
consume.
Let me offer just a few thoughts. I am delighted to associate myself
with a very important point that the chairman of the committee made,
and I will use the terminology ``authorization equals affirmation.''
It is important for us in this Congress to affirm an agency that is
handling some of the most precious responsibilities, alongside of the
intelligence community, alongside of the United States military,
Defense. It is Homeland Security. That is why this is a first start
toward making sure that we are, in fact, looking to affirm or
reauthorize the importance of this particular agency.
What I would say is that, when we were crafting this bill along with
my chairwoman as she introduced this legislation, we were somewhat
before this rising surge, and we began to think about what we needed to
do to get in front of it. I am very glad that I laid the framework in
my language in the bill dealing with having DHS find out what are the
causes, how do we address the issue of unaccompanied children that are
coming. We might have used the term ``surge.'' It was a surge, but it
wasn't at that point.
I believe that facts are crucial, and I think it is important that
this bill will encourage some of the things that have already been
done. The President has met with the three Presidents of Honduras,
Guatemala, and El Salvador to determine and assess what the reasons
are, how extreme the violence is. The stories are horrific.
And then, of course, to separate out the children who are running
toward the men and women in green and begin to look at the border and
securing the border, which none of us quarrel with. We realize that
there have been some strides--we have worked with the Mexican
government--but we also know that drug cartels, drug smugglers, sex
traffickers, and human traffickers still prevail, because bad guys are
always prevailing. We have to make sure that mixed into those bad guys
that have those particular desires are not terrorists that will come
and disturb this community or this Nation.
I think this bill lays a good framework for us to collaborate with so
many others.
I want to thank Chairman Miller for the bipartisan nature of the work
on this bill, and the bills that originate from our committee. I would
like to say that this is only the beginning.
I am looking forward to our committee partnering with Judiciary, and
that we look to a reauthorization of ICE, which is a partner to the
work that is being done on Homeland Security. I think it can be done.
We have set a good model here today. As we make our way through the
Department of Homeland Security, we have set a very good model on how
we can affirm the vitality, the vigorousness, and the crucialness of
these subagencies in providing for domestic security.
With that, I reserve the balance of my time.
Mrs. MILLER of Michigan. I would just advise, Mr. Speaker, I have no
further speakers, so if the gentlewoman would like to close, I am
prepared to close, and I reserve the balance of my time.
Ms. JACKSON LEE. Mr. Speaker, I am prepared to close. I am going to
conclude my remarks by indicating that I want to, again, express my
appreciation for the work that we have done.
As a Houstonian, and as the chairman indicated, we are Texans, we see
this, we have seen it, we live with our neighbors, but, more
importantly, we live with our friends on the border. Members of
Congress are our friends, are our neighbors, and they are a part of
this great Nation as well. It gives me a special sense of pride and
responsibility to be able to work with their needs.
As someone who has representation over one of the largest ports,
along with some of my other colleagues in Houston, the Houston port,
these are very important issues. I think America needs to realize that
when we safeguard our ports, provide for these agents, and give them an
infrastructure of authorization, we affirm them. We are securing the
homeland.
I think the border towns have handled this humanitarian crisis with
great valor and a great sense of what America is all about. We need to
respond to their needs, but we also need to address this question from
a perspective of the humanitarian issue that it is and a balanced
perspective of securing the border.

[[Page H6908]]

I think we have begun that process with this legislation, and I ask
my colleagues to support it.
I yield back the balance of my time.
Mr. Speaker, I rise in strong support of H.R. 3846, the ``United
States Customs and Border Protection Authorization Act.''
I am proud to be an original cosponsor of the bill, sponsored by my
Subcommittee Chairman, the gentlelady from Michigan, Mrs. Miller.
U.S. Customs and Border Protection is among the largest and most
significant of the Department of Homeland Security's components.
CBP is charged with ensuring the security of America's borders while
facilitating legitimate trade and travel.
Despite the essential nature of CBP's mission, it has not been
authorized in law since the reorganization of the Department of
Homeland Security announced by Secretary of Homeland Security Michael
Chertoff nine years ago this month.
It is imperative that CBP is authorized in law to ensure that
Congress can conduct proper oversight of the agency and its programs.
This legislation does just that.
I am pleased that the bill includes several amendments offered by
Democratic Members during consideration by the Homeland Security
Committee.
I was particularly pleased that the Committee accepted an amendment I
offered to help address the recent surge in the number of unaccompanied
children entering the U.S., at increasingly younger ages, particularly
in my home state of Texas.
This issue requires immediate attention from Congress, given that the
welfare of so many children is at stake.
I am also pleased that during Committee consideration an amendment
offered by the gentlelady from California, Ms. Sanchez, was adopted to
enhance CBP's oversight of and adherence to short-term detention
standards at its facilities.
While these facilities are not intended to house individuals for
long-term immigration detention, it is imperative that basic standards
are adhered to in order to ensure the health and wellbeing of people,
including children, in CBP custody.
I am also pleased that the Committee accepted an amendment offered by
the gentleman from California, Mr. Swalwell, stating that CBP may not
enter into or renew a trusted traveler program agreement with a foreign
government unless that government reports lost and stolen passport data
to INTERPOL.
We know that passengers on Malaysia Airlines Flight 370 were
traveling on stolen passports.
While the U.S. has relatively limited ability to ensure foreign
governments utilize INTERPOL's database, encouraging them to report
their own lost and stolen passports improves the quality of INTERPOL's
lists used by the U.S. to screen travelers to and from our country.
That said, I was disappointed that the Committee did not accept an
amendment I offered to increase by an additional 2,000 the number of
CBP officers deployed at our ports of entry.
Congress recently provided the resources necessary to hire 2,000
additional CBP officers, but still more are needed.
I understand current budgetary constraints, but so many of the
challenges CBP faces at our ports of entry are related to or affected
by persistent staffing shortages.
Congress has a responsibility to do its part to alleviate those
shortages and I hope to continue to work with my colleagues, on both
sides of the aisle, on this important issue.
That said, I strongly support the bill and am pleased that Customs
and Border Protection will, for the first time, be authorized in its
current form.
In closing, I would like to thank the gentlelady from Michigan, Mrs.
Miller, for the bipartisan process.
I believe we produced a solid bill that should garner broad bi-
partisan support in the House today.
I am particularly pleased that at this time when there is so much
rancor about the Administration's response to the influx of fleeing
unaccompanied children at our Southwest Border, we are standing
together to authorize resources for the CBP to continue to do its part.
With that Mr. Speaker, I urge my colleagues to support H.R. 3846, the
United States Customs and Border Protection Authorization Act.
Mrs. MILLER of Michigan. Mr. Speaker, I yield myself such time as I
may consume.
I would just say in closing, first of all, I thought that the
chairman of the Homeland Security Committee, Mr. McCaul, made some
excellent, excellent remarks. One of the things that he said that is
absolutely true, and I know all of us feel this, is every time we talk
to a CBP officer, one of the men and women who so bravely secure our
borders, they can't quite believe that Congress has never authorized
their agency. It is not a great thing for their morale that we have
never really paid them the attention that they deserve.
So I think this bill is, as I said at the beginning of my remarks,
such an important first step for this Congress to be able to do that.
With the humanitarian crisis that is happening at our southern border
with this tsunami of unaccompanied children that is coming in, we all
see the video each and every day of our brave men and women, our CBP
officers, trying to handle that. They have responsibilities there,
things that they are doing there that are taking them away, quite
frankly, as they are handling the children, taking them away from their
duties and responsibilities of stopping the drug cartels, et cetera,
from entering our borders. I just think this bill is incredibly
important.
I would also mention as well, as we talk about the issues on the
southern border, which are certainly in all of our news each and every
day, but America has more than one border. We have the northern border
as well. I see the dean of the House, Mr. Dingell, is on the floor. He
and I, both being from the northern border State of Michigan, have
worked together very diligently on northern border issues. We have in
Michigan the two busiest northern border crossings on the entire
northern tier of our Nation there. Again, our CBP officers have stopped
so many that wish our Nation harm, whether that is human smuggling or
drug smuggling or what have you, we have some unique dynamics on the
northern border as well, as well as our maritime border.
Mr. Speaker, this is a very, very important bill. Again, securing the
homeland is certainly foremost of all of our responsibilities.
I would once again urge our colleagues to support H.R. 3846, the
United States Customs and Border Protection Authorization Act, and I
yield back the balance of my time.
Mr. THOMPSON of Mississippi. Mr. Speaker, I rise in support of H.R.
3846, the ``United States Customs and Border Protection Authorization
Act.''
The bill before us today seeks to authorize U.S. Customs and Border
Protection (CBP) for the first time since the establishment of the
Department of Homeland Security.
As one of the largest operational components within DHS, CBP is
charged with the critical, dual mission of securing our Nation's
borders while facilitating legitimate trade and travel.
It is imperative that CBP is authorized in law in a manner consistent
with its current organizational structure.
Only then can Congress conduct full and appropriate oversight of the
agency and its activities.
The bill before us today serves that purpose by establishing CBP, its
leadership structure, and its functions in law.
I am pleased to say that H.R. 3846 is a bipartisan product that has
benefitted from input from Members on both sides of the aisle during
the Committee process. Democratic Members of the Committee on Homeland
Security offered important amendments on unaccompanied children
crossing the border; electronic searches at the border; standards at
short-term detention facilities; and professionalism and accountability
for CBP personnel.
I want to congratulate the Chairman and Ranking Member of the
Subcommittee on Border and Maritime Security, Rep. Candice Miller and
Rep. Jackson Lee, for their hard work on this measure.
The bill before us today reflects the results of the bipartisan
spirit in which they conduct their work, and it should be something all
Members can give their strong support.
Mr. Speaker, I urge my colleagues to support H.R. 3846, the ``United
States Customs and Border Protection Authorization Act.''
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from Michigan (Mrs. Miller) that the House suspend the
rules and pass the bill, H.R. 3846, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.

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