[Congressional Record (Bound Edition), Volume 160 (2014), Part 9]
[House]
[Pages 13286-13296]
[From the U.S. 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

[[Page 13287]]

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.
       ``(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

[[Page 13288]]

     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 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

[[Page 13289]]

     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 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.

[[Page 13290]]

       (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'';
       (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

[[Page 13291]]

     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 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

[[Page 13292]]

     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 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

[[Page 13293]]

     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 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.

[[Page 13294]]

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 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

[[Page 13295]]

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.
  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

[[Page 13296]]

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.

                          ____________________