[House Report 113-555]
[From the U.S. Government Publishing Office]
113th Congress Rept. 113-555
HOUSE OF REPRESENTATIVES
2d Session Part 1
======================================================================
UNITED STATES CUSTOMS AND BORDER PROTECTION AUTHORIZATION ACT
_______
July 24, 2014.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. McCaul, from the Committee on Homeland Security,
submitted the following
R E P O R T
[To accompany H.R. 3846]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security, to whom was referred
the bill (H.R. 3846) to provide for the authorization of
border, maritime, and transportation security responsibilities
and functions in the Department of Homeland Security and the
establishment of United States Customs and Border Protection,
and for other purposes, having considered the same, report
favorably thereon with an amendment and recommend that the bill
as amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 13
Background and Need for Legislation.............................. 13
Hearings......................................................... 14
Committee Consideration.......................................... 14
Committee Votes.................................................. 18
Committee Oversight Findings..................................... 18
New Budget Authority, Entitlement Authority, and Tax Expenditures 18
Congressional Budget Office Estimate............................. 18
Statement of General Performance Goals and Objectives............ 19
Duplicative Federal Programs..................................... 20
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 20
Federal Mandates Statement....................................... 20
Preemption Clarification......................................... 20
Disclosure of Directed Rule Makings.............................. 20
Advisory Committee Statement..................................... 20
Applicability to Legislative Branch.............................. 20
Section-by-Section Analysis of the Legislation................... 20
Changes in Existing Law Made by the Bill, as Reported............ 31
Committee Correspondence......................................... 46
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
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,
criminals, and other persons who may undermine the security of
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)), 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 the duties and powers prescribed by law or
delegated by the Secretary.
``(d) Deputy Commissioner.--There shall be in United States Customs
and Border Protection a Deputy Commissioner who shall assist the
Commissioner in the management of United States Customs and Border
Protection.
``(e) United States Border Patrol.--
``(1) In general.--There is established in United States
Customs and Border Protection the United States Border Patrol.
``(2) Chief.--There shall be at the head of the United States
Border Patrol a Chief, who shall be a uniformed law enforcement
officer chosen from the ranks of the United States Border
Patrol and who shall report to the Commissioner.
``(3) Duties.--The United States Border Patrol shall--
``(A) serve as the law enforcement office of United
States Customs and Border Protection with primary
responsibility for interdicting persons attempting to
illegally enter or exit the United States or goods
being illegally imported to or exported from the United
States at a place other than a designated port of
entry;
``(B) deter and prevent illegal entry of terrorists,
terrorist weapons, persons, and contraband; and
``(C) carry out other duties and powers prescribed by
the Commissioner.
``(f) Office of Air and Marine Operations.--
``(1) In general.--There is established in United States
Customs and Border Protection an Office of Air and Marine
Operations.
``(2) Assistant commissioner.--There shall be at the head of
the Office of Air and Marine Operations an Assistant
Commissioner, who shall report to the Commissioner.
``(3) Duties.--The Office of Air and Marine Operations
shall--
``(A) serve as the law enforcement office within
United States Customs and Border Protection with
primary responsibility to detect, interdict, and
prevent acts of terrorism and the unlawful movement of
people, illicit drugs, and other contraband across the
borders of the United States in the air and maritime
environment;
``(B) oversee the acquisition, maintenance, and
operational use of United States Customs and Border
Protection integrated air and marine forces;
``(C) provide aviation and marine support for other
Federal, State, and local law enforcement agency needs,
as appropriate; and
``(D) carry out other duties and powers prescribed by
the Commissioner.
``(g) Office of Field Operations.--
``(1) In general.--There is established in United States
Customs and Border Protection an Office of Field Operations.
``(2) Assistant commissioner.--There shall be at the head of
the Office of Field Operations an Assistant Commissioner, who
shall report to the Commissioner.
``(3) Duties.--The Office of Field Operations shall
coordinate the enforcement activities of United States Customs
and Border Protection at United States air, land, and sea ports
of entry to--
``(A) deter and prevent terrorists and terrorist
weapons from entering the United States at such ports
of entry;
``(B) conduct inspections at such ports of entry to
safeguard the United States from terrorism and illegal
entry of persons;
``(C) prevent illicit drugs, agricultural pests, and
contraband from entering the United States;
``(D) in coordination with the Commissioner,
facilitate and expedite the flow of legitimate
travelers and trade;
``(E) administer the National Targeting Center
established under paragraph (4); and
``(F) carry out other duties and powers prescribed by
the Commissioner.
``(4) National targeting center.--
``(A) In general.--There is established in the Office
of Field Operations a National Targeting Center.
``(B) Executive director.--There shall be at the head
of the National Targeting Center an Executive Director,
who shall report to the Assistant Commissioner of the
Office of Field Operations.
``(C) Duties.--The National Targeting Center shall--
``(i) serve as the primary forum for
targeting operations within United States
Customs and Border Protection to collect and
analyze traveler and cargo information in
advance of arrival in the United States;
``(ii) identify, review, and target travelers
and cargo for examination;
``(iii) coordinate the examination of entry
and exit of travelers and cargo; and
``(iv) carry out other duties and powers
prescribed by the Assistant Commissioner.
``(5) Annual report on staffing.--Not later than 30 days
after the date of the enactment of this section and annually
thereafter, the Assistant Commissioner shall submit to the
appropriate congressional committees a report on the staffing
model for the Office of Field Operations, including information
on how many supervisors, front-line United States Customs and
Border Protection officers, and support personnel are assigned
to each Field Office and port of entry.
``(h) Office of Intelligence and Investigative Liaison.--
``(1) In general.--There is established in United States
Customs and Border Protection an Office of Intelligence and
Investigative Liaison.
``(2) Assistant commissioner.--There shall be at the head of
the Office of Intelligence and Investigative Liaison an
Assistant Commissioner, who shall report to the Commissioner.
``(3) Duties.--The Office of Intelligence and Investigative
Liaison shall--
``(A) develop, provide, coordinate, and implement
intelligence capabilities into a cohesive intelligence
enterprise to support the execution of the United
States Customs and Border Protection duties and
responsibilities;
``(B) collect and analyze advance traveler and cargo
information;
``(C) establish, in coordination with the Chief
Intelligence Officer of the Department, as appropriate,
intelligence-sharing relationships with Federal, State,
local, and tribal agencies and intelligence agencies;
and
``(D) carry out other duties and powers prescribed by
the Commissioner.
``(i) Office of International Affairs.--
``(1) In general.--There is established in United States
Customs and Border Protection an Office of International
Affairs.
``(2) Assistant commissioner.--There shall be at the head of
the Office of International Affairs an Assistant Commissioner,
who shall report to the Commissioner.
``(3) Duties.--The Office of International Affairs, in
collaboration with the Office of International Affairs of the
Department, shall--
``(A) coordinate and support United States Customs
and Border Protection's foreign initiatives, policies,
programs, and activities;
``(B) coordinate and support United States Customs
and Border Protection's personnel stationed abroad;
``(C) maintain partnerships and information sharing
agreements and arrangements with foreign governments,
international organizations, and United States agencies
in support of United States Customs and Border
Protection duties and responsibilities;
``(D) provide necessary capacity building, training,
and assistance to foreign border control agencies to
strengthen global supply chain and travel security;
``(E) coordinate mission support services to sustain
United States Customs and Border Protection's global
activities;
``(F) coordinate, in collaboration with the Office of
Policy of the Department, as appropriate, United States
Customs and Border 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.
``(7) Report on unmanned aerial systems.--The Commissioner
shall submit to the appropriate congressional committees an
annual report that reviews whether the use of unmanned aerial
systems are being conducted in conformity with the standard
operating procedures required under subparagraph (E) of
paragraph (1). Such reports--
``(A) shall be submitted with the President's annual
budget;
``(B) may be submitted in classified form if the
Commissioner determines that such is appropriate, and
``(C) shall include--
``(i) a detailed description of how, where,
and for how long data and images collected
through the use of unmanned aerial systems by
United States Customs and Border Protection is
collected and stored; and
``(ii) a list of Federal, State, and local
law enforcement agencies that submitted mission
requests in the previous year and the
disposition of such requests.
``(l) Training.--
``(1) In general.--The Commissioner shall require all agents
and officers of United States Customs and Border Protection to
participate in a specified amount of continuing education (to
be determined by the Commissioner) to maintain an understanding
of Federal legal rulings, court decisions, and departmental
policies, procedures, and guidelines.
``(2) Ensuring training.--Not later than 90 days after the
date of the enactment of this section, the Commissioner shall
develop a database system that identifies for each United
States Customs and Border Protection officer or agent, by port
of entry or station--
``(A) for each training course, the average time
allocated during on-duty hours within which training
must be completed;
``(B) for each training course offered, the duration
of training and the average amount of time an officer
must be absent from work to complete such training
course; and
``(C) certification of each training course by a
supervising officer that the officer is able to carry
out the function for which the training was provided,
and if training has been postponed, the basis for
postponing such training.
``(3) Use of data.--The Commissioner shall use the
information developed under paragraph (2) to--
``(A) develop training requirements for United States
Customs and Border Protection officers to ensure that
such officers have sufficient training to conduct
primary and secondary inspections at Untied States
ports of entry; and
``(B) measure progress toward achieving the training
requirements referred to in subparagraph (A).
``(m) Short Term Detention Standards.--
``(1) Access to food and water.--The Commissioner shall make
every effort to ensure that adequate access to food and water
is provided to an individual apprehended and detained by a
United States Border Patrol agent between a United States port
of entry as soon as practicable following the time of such
apprehension or during subsequent short term detention.
``(2) Access to information on detainee rights at border
patrol processing centers.--
``(A) In general.--The Commissioner shall ensure that
an individual apprehended by a United States Border
Patrol agent is provided with information concerning
such individual's rights, including the right to
contact a representative of such individual's
government for purposes of United States treaty
obligations.
``(B) Form.--The information referred to in
subparagraph (A) may be provided either verbally or in
writing, and shall be posted in the detention holding
cell in which such individual is being held. The
information shall be provided in a language
understandable to such individual.
``(3) Daytime repatriation.--When practicable, repatriations
shall be limited to daylight hours and avoid locations that are
determined to have high indices of crime and violence.
``(4) Short term detention defined.--In this subsection, the
term `short term detention' means detention in a United States
Border Patrol processing center for 72 hours or less, before
repatriation to a country of nationality or last habitual
residence.
``(5) Report on procurement process and standards.--Not later
than 180 days after the date of the enactment of this section,
the Comptroller General of the United States shall submit to
the appropriate congressional committees a report on the
procurement process and standards of entities with which United
States Customs and Border Protection has contracts for the
transportation and detention of individuals apprehended by
agents or officers of United States Customs and Border
Protection. Such report should also consider the operational
efficiency of contracting the transportation and detention of
such individuals.
``(6) Report on inspections of short-term custody
facilities.--The Commissioner shall--
``(A) annually inspect all facilities utilized for
short term detention; and
``(B) make publically available information collected
pursuant to such inspections, including information
regarding the requirements under paragraphs (1) and (2)
and, where appropriate, issue recommendations to
improve the conditions of such facilities.
``(n) Wait Times Transparency.--
``(1) In general.--The Commissioner shall--
``(A) publish live wait times at the 20 United States
airports that support the highest volume of
international travel (as determined by available
Federal flight data);
``(B) make information about such wait times
available to the public in real time through the United
States Customs and Border Protection Web site;
``(C) submit to the appropriate congressional
committees quarterly reports that include compilations
of all such wait times and a ranking of such United
States airports by wait times; and
``(D) provide adequate staffing at the United States
Customs and Border Protection information center to
ensure timely access for travelers attempting to submit
comments or speak with a representative about their
entry experiences.
``(2) Calculation.--The wait times referred to in paragraph
(1)(A) shall be determined by calculating the time elapsed
between an individual's entry into the United States Customs
and Border Protection inspection area and such individual's
clearance by a United States Customs and Border Protection
officer
``(o) Other Authorities.--
``(1) In general.--The Secretary may establish such other
offices or Assistant Commissioners (or other similar officers
or officials) as the Secretary determines necessary to carry
out the missions, duties, functions, and authorities of United
States Customs and Border Protection.
``(2) Notification.--If the Secretary exercises the authority
provided pursuant to paragraph (1), the Secretary shall notify
the appropriate congressional committees not later than 30 days
before exercising such authority.
``(p) Other Federal Agencies.--Nothing in this section may be
construed as affecting in any manner the existing authority of any
other Federal agency, including the Transportation Security
Administration with respect to the duties of United States Customs and
Border Protection described in subsection (c).''.
(b) Special Rules.--
(1) Treatment.--Section 411 of the Homeland Security Act of
2002, as amended by subsection (a) of this section, shall be
treated as if included in such Act as of the date of the
enactment of such Act, and, in addition to the functions,
missions, duties, and authorities specified in such amended
section 411, United States Customs and Border Protection shall
continue to perform and carry out the functions, missions,
duties, and authorities under section 411 of such Act as in
existence on the day before such date of enactment, and section
415 of such Act.
(2) Rules of construction.--
(A) Rules and regulations.--Notwithstanding paragraph
(1), nothing in this Act may be construed as affecting
in any manner any rule or regulation issued or
promulgated pursuant to any provision of law, including
section 411 of the Homeland Security Act of 2002 as in
existence on the day before the date of the enactment
of this Act, and any such rule or regulation shall
continue to have full force and effect on and after
such date.
(B) Other actions.--Notwithstanding paragraph (1),
nothing in this Act may be construed as affecting in
any manner any action, determination, policy, or
decision pursuant to section 411 of the Homeland
Security Act of 2002 as in existence on the day before
the date of the enactment of this Act, and any such
action, determination, policy, or decision shall
continue to have full force and effect on and after
such date.
(c) Continuation in Office.--
(1) Commissioner.--The individual serving as the Commissioner
of Customs on the day before the date of the enactment of this
Act may serve as the Commissioner of United States Customs and
Border Protection on and after such date of enactment until a
Commissioner of United States Customs and Border Protection is
appointed under section 411 of the Homeland Security Act of
2002, as amended by subsection (a) of this section.
(2) Other positions.--The individuals serving as Assistant
Commissioners and other officers and officials under section
411 of the Homeland Security Act of 2002 on the day before the
date of the enactment of this Act may serve as the appropriate
Assistant Commissioners and other officers and officials under
such section 411 as amended by subsection (a) of this section
unless the Commissioner of United States Customs and Border
Protection determines that another individual should hold such
position or positions.
(d) Reference.--
(1) Title 5.--Section 5314 of title 5, United States Code, is
amended by striking ``Commissioner of Customs, Department of
Homeland Security'' and inserting ``Commissioner of United
States Customs and Border Protection, Department of Homeland
Security''.
(2) Other references.--On and after the date of the enactment
of this Act, any reference in law or regulations to the
``Commissioner of Customs'' or the ``Commissioner of the
Customs Service'' shall be deemed to be a reference to the
Commissioner of United States Customs and Border Protection.
(e) Clerical Amendment.--The table of contents in section 1(b) of the
Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by
striking the item relating to section 411 and inserting the following
new item:
``Sec. 411. Establishment of United States Customs and Border
Protection; Commissioner, Deputy Commissioner, and operational
offices.''.
SEC. 3. REPEALS.
Sections 416, 418, and 443 of the Homeland Security Act of 2002 (6
U.S.C. 216, 218, and 253), and the items relating to such sections in
the table of contents in section 1(b) of such Act, are repealed.
SEC. 4. CLERICAL AND CONFORMING AMENDMENTS.
(a) In General.--The Homeland Security Act of 2002 (6 U.S.C. 101 et
seq.) is amended--
(1) in title I--
(A) in section 102(f)(10) (6 U.S.C. 112(f)(10)), by
striking ``the Directorate of Border and Transportation
Security'' and inserting ``Commissioner of United
States Customs and Border Protection''; and
(B) in section 103(a)(1) (6 U.S.C. 113(a)(1))--
(i) in subparagraph (C), by striking ``An
Under Secretary for Border and Transportation
Security.'' and inserting ``A Commissioner of
United States Customs and Border Protection.'';
and
(ii) in subparagraph (G), by striking ``A
Director of the Office of Counternarcotics
Enforcement.'' and inserting ``A Director for
United States Immigration and Customs
Enforcement.'';
(2) in title IV--
(A) by striking the title heading and inserting
``BORDER, MARITIME, AND TRANSPORTATION SECURITY''; and
(B) in subtitle A--
(i) by striking the subtitle heading and
inserting ``Border, Maritime, and
Transportation Security Responsibilities and
Functions''; and
(ii) in section 402 (6 U.S.C. 202)--
(I) in the section heading, by
striking ``responsibilities'' and
inserting ``border, maritime, and
transportation responsibilities''; and
(II) by striking ``, acting through
the Under Secretary for Border and
Transportation Security,'';
(C) in subtitle B--
(i) by striking the subtitle heading and
inserting ``United States Customs and Border
Protection'';
(ii) in section 412(b) (6 U.S.C. 212), by
striking ``United States Customs Service'' each
place it appears and inserting ``United States
Customs and Border Protection'';
(iii) in section 413 (6 U.S.C. 213), by
striking ``available to the United States
Customs Service or'';
(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 amending the item relating to section 402 to read as
follows:
``Sec. 402. Border, maritime, and transportation responsibilities.'';
(5) by striking the item relating to subtitle B of title IV
and inserting the following:
``Subtitle B--United States Customs and Border Protection'';
(6) by striking the item relating to section 441 and
inserting the following:
``Sec. 441. Transfer of functions.''; and
(7) by striking the item relating to section 442 and
inserting the following:
``Sec. 442. United States Immigration and Customs Enforcement.''.
SEC. 5. REPORTS AND ASSESSMENTS.
(a) Report on Contract Management Acquisition and Procurement
Personnel.--Not later than 60 days after the date of the enactment of
this Act and biennially thereafter, the Commissioner of United States
Customs and Border Protection shall submit to the Committee on Homeland
Security of the House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate a report on--
(1) the number of contract management acquisition and
procurement personnel assigned to the Office of Technology
Innovation and Acquisition (or successor office) of United
States Customs and Border Protection, categorized by position;
(2) the average aggregate value of the contracts each
contract officer, contract specialist, and contract officer
representative employee is responsible for managing; and
(3) the number of additional acquisition and procurement
personnel, categorized by position, and contract management
specialists United States Customs and Border Protection would
need to ensure compliance with Federal acquisition standards,
departmental management directives, and United States Customs
and Border Protection contracting needs.
(b) Report on Migrant Deaths.--Not later 180 days after the date of
the enactment of this Act, the Commissioner of United States Customs
and Border Protection shall, to the extent practicable, make publically
available information that the United States Border Patrol has
collected on migrant deaths occurring along the United States-Mexico
border, including information on the following:
(1) The number of documented migrant deaths.
(2) The location where such migrant deaths occurred.
(3) To the extent possible, the cause of death for each
migrant.
(4) The extent to which border technology, physical barriers,
and enforcement programs have contributed to such migrant
deaths.
(5) A description of United States Customs and Border
Protection programs or plans to reduce the number of migrant
deaths along the border, including an assessment on the
effectiveness of water supply sites and rescue beacons.
(c) Report on Business Transformation Initiative.--Not later than 90
days after the date of the enactment of this Act, the Commissioner of
United States Customs and Border Protection shall submit to the
Committee on Homeland Security and the Committee on Ways and Means of
the House of Representatives and the Committee on Homeland Security and
Governmental Affairs and the Committee on Finance of the Senate a
report on United States Customs and Border Protection's Business
Transformation Initiative, including locations where the Initiative is
deployed, the types of equipment utilized, a description of protocols
and procedures, information on wait times at such locations since
deployment, and information regarding the schedule for deployment at
new locations.
(d) Report on Unaccompanied Alien Children Apprehended at the
Border.--Not later than 90 days after the date of the enactment of this
Act and annually thereafter, the Commissioner of United States Customs
and Border Protection shall submit to the Committee on Homeland
Security of the House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate a report on
unaccompanied alien children apprehended at the borders of the United
States. Such report shall include the following:
(1) Information on the number, nationality, age, and location
of the apprehensions of such unaccompanied alien children in
the current fiscal year and for each of the three prior fiscal
years.
(2) The average length of time an unaccompanied alien child
is in the custody of United States Customs and Border
Protection before being transferred to the custody of another
Federal agency in the current fiscal year and for each of three
prior fiscal years.
(3) A description of current and planned activities to
discourage efforts to bring unaccompanied alien children to the
United States without authorization.
(4) A description of training provided to officers and agents
of United States Customs and Border Protection regarding
unaccompanied alien children, including the number of such
officers and agents who are so trained.
(5) An assessment of the existing officers, agents, and
resources of United States Customs and Border Protection being
utilized to address unaccompanied alien children.
(6) An assessment of whether current facilities utilized by
United States Customs and Border Protection to house
unaccompanied alien children are adequate to comply with all
applicable laws, regulations, and standards regarding housing,
feeding, and providing medical care for such children.
(7) An identification and assessment of the factors causing
unaccompanied alien children to migrate to the United States,
including an assessment of how perceptions of enforcement
policies and economic and social conditions, including
incidents of violence, in countries of origin or last habitual
residence may be attributed to a rise in attempted entries into
the United States.
(8) Information on United States Border Patrol resources
spent to care for unaccompanied alien children in the custody
of the United States Border Patrol, including the number of
United States Border Patrol agents assigned to care for
unaccompanied alien children.
(9) Future estimates of Department of Homeland Security
resources needed to care for expected increases in
unaccompanied alien children.
(10) An identification of any operational or policy
challenges impacting the Department of Homeland Security as a
result of any expected increase in unaccompanied alien
children.
(11) Information on any additional resources necessary to
carry out United States Customs and Border Protection's
responsibilities with respect to unaccompanied alien children.
(e) Port of Entry Infrastructure Needs Assessments.--Not later 180
days after the date of the enactment of this Act, the Commissioner of
United States Customs and Border Protection shall assess the physical
infrastructure and technology needs at the 20 busiest land ports of
entry (as measured by United States Customs and Border Protection) with
a particular attention to identify ways to--
(1) improve travel and trade facilitation;
(2) reduce wait times;
(3) improve physical infrastructure and conditions for
individuals accessing pedestrian ports of entry;
(4) enter into long-term leases with nongovernmental and
private sector entities;
(5) enter into lease-purchase agreements with nongovernmental
and private sector entities; and
(6) achieve cost savings through leases described in
paragraphs (4) and (5).
(f) Unmanned Aerial Systems Strategy.--Not later than 180 days after
the date of the enactment of this Act, the Commissioner of United
States Customs and Border Protection shall submit to the Committee on
Homeland Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate a strategy for
its Unmanned Aerial Systems program. Such strategy shall include, at a
minimum, the following:
(1) The mission and goals of such program.
(2) The expected level of unmanned aerial systems operations.
(3) The funding and anticipated stakeholder needs and
resource requirements of such program.
(g) Report on Biometric Exit Data Capability at Airports.--Not later
than 90 days after the date of the enactment of this Act, the
Commissioner of United States Customs and Border Protection shall
submit to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate a report on the efforts of United States Customs
and Border Protection, in conjunction with the Directorate Science and
Technology of the Department of Homeland Security, to evaluate
technologies to provide a biometric exit capability at airports. Such
report shall include the technologies tested, the results of such tests
to date, plans for any future testing, and a schedule of anticipated
deployment of those or other technologies.
(h) CBP Officer Training.--Not later than 90 days after the date of
the enactment of this Act, the Commissioner of United States Customs
and Border Protection shall submit to the Committee on Homeland
Security of the House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate a report on the current
capacity of United States Customs and Border Protection to hire, train,
and deploy additional United States Customs and Border Protection
officers, including an assessment of any additional resources necessary
to hire, train, and deploy United States Customs and Border Protection
officers to meet staffing needs, as identified by the United States
Customs and Border Protection staffing model.
(i) Report on the Security of United States International Borders.--
Not later than 180 days after the date of the enactment of this Act,
the Commissioner of United States Customs and Border Protection shall
develop and implement specific metrics for measuring the status of
security of United States international borders at and between ports of
entry, including measuring the effectiveness of current border security
resource allocations uniformly across all United States Customs and
Border Protection sectors, informed by input from individuals and
relevant stakeholders who live and work near such borders, and submit
to the Committee on Homeland Security of the House of Representatives
and the Committee on Homeland Security and Governmental Affairs of the
Senate a report on such metrics and such status.
(j) Personal Searches.--Not later than 90 days after the date of the
enactment of this Act, the Commissioner of United States Customs and
Border Protection shall submit to the Committee on Homeland Security of
the House of Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a report on supervisor-approved
personal searches conducted in the previous year by United States
Customs and Border Protection personnel. Such report shall include the
number of personal searches conducted in each sector and field office,
the number of invasive personal searches conducted in each sector and
field office, whether personal searches were conducted by Office of
Field Operations or United States Border Patrol personnel, and how many
personal searches resulted in the discovery of contraband.
SEC. 6. INTERNATIONAL INITIATIVES.
(a) North and Central American Border Security Cooperation
Initiative.--The Secretary of Homeland Security, in coordination with
the Secretary of State, shall engage with the appropriate officials of
the Government of Canada and the Government of Mexico to assess the
specific needs of the countries of Central America to maintain the
security of the international borders of such countries and determine
the support needed by such countries from the United States, Canada,
and Mexico, to meet such needs.
(b) Caribbean Cooperation Initiative.--The Secretary of Homeland
Security, in coordination with the Secretary of State, shall engage
with appropriate officials of the governments of the countries of the
Caribbean to establish a program to assess the specific needs of such
countries to address the unique challenges of maritime border security.
(c) Mexico's Southern Border Security Initiative.--The Secretary of
Homeland Security, in coordination with the Secretary of State, shall
engage with appropriate officials of the Government of Mexico to assess
the specific needs to help secure Mexico's southern border from
undocumented aliens, drugs, weapons and other contraband.
(d) Reporting.--The Secretary of Homeland Security shall submit to
the Committee on Homeland Security and the Committee on Foreign Affairs
of the House of Representatives and the Committee on Homeland Security
and Governmental Affairs and the Committee on Foreign Relations of the
Senate a report on the assessment of needs carried out under this
section.
SEC. 7. TREATMENT OF CERTAIN APPLICATIONS FOR PORT OF ENTRY STATUS.
The Commissioner of United States Customs and Border Protection shall
give priority consideration to an application for port of entry status
submitted by any commercial airport if such airport served at least
100,000 deplaned international passengers in the previous calendar
year.
SEC. 8. TRUSTED TRAVELER PROGRAMS.
The Secretary of Homeland Security may not enter into or renew an
agreement with the government of a foreign country for a trusted
traveler program administered by United States Customs and Border
Protection unless the Secretary certifies in writing that such
government--
(1) routinely submits to INTEPOL for inclusion in INTERPOL's
Stolen and Lost Travel Documents database information about
lost and stolen passports and travel documents of the citizens
and nationals of such country; or
(2) makes available to the United States Government the
information described in paragraph (1) through another means of
reporting.
SEC. 9. SENSE OF CONGRESS REGARDING THE FOREIGN LANGUAGE AWARD PROGRAM.
(a) Findings.--Congress finds the following:
(1) Congress established the Foreign Language Award Program
(FLAP) to incentivize employees at United States ports of entry
to utilize their foreign language skills on the job by
providing a financial incentive for the use of the foreign
language for at least ten percent of their duties after passage
of competency tests. FLAP incentivizes the use of more than two
dozen languages and has been instrumental in identifying and
utilizing United States Customs and Border Protection officers
and agents who are proficient in a foreign language.
(2) In 1993, Congress provided for dedicated funding for this
program by stipulating that certain fees collected by United
States Customs and Border Protection to fund FLAP.
(3) Through FLAP, foreign travelers are aided by having an
officer at a port of entry who speaks their language, and
United States Customs and Border Protection benefits by being
able to focus its border security efforts in a more effective
manner.
(b) Sense of Congress.--It is the sense of Congress that FLAP
incentivizes United States Customs and Border Protection officers and
agents to attain and maintain competency in a foreign language, thereby
improving the efficiency of operations for the functioning of United
States Customs and Border Protection's security mission, making the
United States a more welcoming place when foreign travelers find
officers can communicate in their language, and helping to expedite
traveler processing to reduce wait times.
Purpose and Summary
The purpose of H.R. 3846 is to provide for the
authorization of border, maritime, and transportation security
responsibilities and functions in the Department of Homeland
Security and the establishment of United States Customs and
Border Protection, and for other purposes.
Background and Need for Legislation
Congress has never authorized United States Customs and
Border Protection (CBP) to perform the missions it carries out
today. As a result, CBP operates on devolved authority granted
to the Secretary of Homeland Security and on guidance provided
by Congress through annual appropriations bills, rather than
from specific authority accorded to the component by its
authorizing committee. H.R.3846, the ``United States Customs
and Border Protection Authorization Act,'' is the first attempt
by the Congress, since the passage of the Homeland Security Act
of 2002 (Pub. L. 107-296) (HSA), to clearly delineate the
current authorities and responsibilities of the largest Federal
law enforcement entity in the Nation.
The HSA consolidated most Federal agencies with a nexus to
border security into the newly-formed Department of Homeland
Security. Most of these agencies were located in the
Directorate of Border and Transportation Security (BTS), which
was established under Title IV of the HSA. The BTS was charged
with securing the borders, territorial waters, terminals,
waterways, and air, land, and sea transportation systems of the
United States, in addition to managing the Nation's ports of
entry.
On March 2, 2005, Secretary of Homeland Security, Michael
Chertoff, announced that he was ``initiating a comprehensive
review of the Department's organization, operations and
policies.'' This effort was known as the Second Stage Review
(2SR) and was made public in July 2005.
One of the main 2SR recommendations carried out by
Secretary Chertoff was the elimination of the BTS Directorate,
pursuant to section 872 of the HSA, which gave the Secretary
authority to reorganize functions and organizational units
within DHS. With the elimination of BTS and its Under Secretary
position, seven primary operational components within DHS,
including CBP, gained a direct line to the Secretary and Deputy
Secretary. Since that time, Congress has not formally amended
the HSA to vest CBP with the duties and responsibilities it
currently performs.
The Committee believes that Congress has a responsibility
to give the Department of Homeland Security--and its
components--the necessary direction through the regular
authorization process. To that end, H.R. 3846 is an important
step.
Hearings
The Committee did not hold any legislative hearings on
H.R.3846, however, the Committee held oversight hearings
detailed below:
On April 4, 2014, the Subcommittee on Border and Maritime
Security held a hearing entitled ``Passport Fraud: An
International Vulnerability.'' The Subcommittee received
testimony from Hon. Alan D. Bersin, Assistant Secretary of
International Affairs and Chief Diplomatic Officer, U.S.
Department of Homeland Security; Mr. John Wagner, Acting Deputy
Assistant Commissioner, Office of Field Operations, Customs and
Border Protection, U.S. Department of Homeland Security; Ms.
Brenda S. Sprague, Deputy Assistant Secretary for Passport
Services, Bureau of Consular Affairs, U.S. Department of State;
and Hon. Shawn A. Bray, Director, INTERPOL Washington, U.S.
National Central Bureau, U.S. Department of Justice.
On April 8, 2014, the Subcommittee on Border and Maritime
Security held a hearing entitled ``Authorizing Customs and
Border Protection and Immigration and Customs Enforcement.''
The Subcommittee received testimony from Mr. Kevin K.
McAleenan, Acting Deputy Commissioner, U.S. Customs and Border
Protection, U.S. Department of Homeland Security; and Mr.
Daniel H. Ragsdale, Acting Director, Immigrations and Customs
Enforcement, U.S. Department of Homeland Security.
Committee Consideration
The Committee met on June 11, 2014, to consider H.R. 3846,
and ordered the measure to be reported to the House with a
favorable recommendation, amended, by voice vote. The Committee
took the following actions:
The following amendments were offered:
An Amendment in the Nature of a Substitute offered by Mrs.
Miller of Michigan (#1); was AGREED TO by voice vote.
An amendment by Mr. Duncan to the Amendment in the Nature of a
Substitute to H.R. 3846 (#1A); was AGREED TO by voice vote.
In subparagraph (E) of the proposed section 411(j)(3), insert
``risk-based'' before ``covert testing''.
In subparagraph (E) of the proposed section 411(j)(3), insert
before the semicolon at the end the following: ``, including for
nuclear and radiological risks''
An en bloc amendment by Ms. Loretta Sanchez of California to
the Amendment in the Nature of a Substitute to H.R. 3846 (#1B);
was AGREED TO by voice vote. Consisting of the following
amendments:
An amendment:
In the proposed section 5, add at the end a new subsection
entitled ``(f) Report on Biometric Exit Data Capability.''
An amendment:
Redesignate section 7 as section 8.
Insert after section 6 a new section 7 entitled ``Sec. 7.
Treatment of Certain Application for Port of Entry Status.''
An amendment by Mr. Thompson of Mississippi:
In section 5, add at the end a new subsection entitled ``(f)
Unmanned aerial Systems Strategy.''
An amendment by Ms. Loretta Sanchez of California to the
Amendment in the Nature of a Substitute to H.R. 3846 (#1C); was
NOT AGREED TO by voice vote.
In section 5, add at the end a new subparagraph entitled ``(f)
International Border Technology Plan.''
An amendment by Ms. Loretta Sanchez of California to the
Amendment in the Nature of a Substitute to H.R. 3846 (#1D); was
WITHDRAWN by unanimous consent.
In the proposed section 411, add at the end a new subsection
entitled ``Checkpoints and Roving Patrol Stops Data Collection
Requirement.''
An amendment by Mr. Marino to the Amendment in the Nature of a
Substitute to H.R. 3846 (#1E); was AGREED TO by voice vote.
In subsection (c) of the proposed section 411, redesignate
paragraphs (11) through (14) as paragraphs (12) through (15),
respectively.
In subsection (c) of the proposed section 411, insert after
paragraph (10) the following:
``(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.''.
An en bloc amendment by Ms. Jackson Lee to the Amendment in
the Nature of a Substitute to H.R. 3846 (#1F); was AGREED TO by
voice vote. Consisting of the following amendments:
An amendment:
In section 5, add at the end a new subsection entitled ``(f) CBP
Officer Training.''
An amendment:
In section 5(d), redesignate paragraph (6) as paragraph (7).
In section 5(d), insert after paragraph (5) the following:
(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
An amendment by Mr. Chaffetz to the Amendment in the Nature of
a Substitute to H.R. 3846 (#1G); was AGREED TO by voice vote.
In subsection (d) of section 5, add at the end the following:
``(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.
An amendment by Mr. Barber to the Amendment in the Nature of a
Substitute to H.R. 3846 (#1H); was AGREED TO by voice vote.
In section 5, add at the end a new subsection entitled ``(f)
Report on the Security of United States International Borders
An amendment by Mr. Barletta to the Amendment in the Nature of
a Substitute to H.R. 3846 (#1I); was AGREED TO by voice vote.
In section 5(d), in the matter preceding paragraph (1), insert
``and annually thereafter'' after ``this Act''
In subsection (d) of section 5, add at the end the following
(7) information on United States Border Patrol resources spent to
care for unaccompanied alien children in the custody of the U.S. Border
Patrol, including the number of Border Patrol Agents assigned to care
for Unaccompanied Alien Children.
(8) future estimates of Department of Homeland Security resources
needed to care for expected increases in Unaccompanied Alien Children;
(9) an identification of any operational or policy challenges
impacting the Department of Homeland Security as a result of the any
expected increase in Unaccompanied Alien Children
An en bloc amendment by Mr. O'Rourke to the Amendment in the
Nature of a Substitute to H.R. 3846 (#1J); was AGREED TO by
voice vote. Consisting of the following amendments:
An amendment:
In section 5, add at the end a new subsection entitled ``(f)
Personal Searches.''
An amendment:
In subsection (k) of the proposes section 411, add at the end a
new paragraph entitled ``(6) Requirements regarding other
notifications.''
An amendment:
In subsection (m) of the proposes section 411, add at the end a
new paragraph entitled ``(6) Report on inspections of short-term
custody facilities.''
An amendment:
In paragraph (2) of section 5(e), strike ``and'' at the end.
In paragraph (3) of section 5(e), strike the period at the end and
insert a semicolon.
In section 5(e), add at the end the following:
(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).
An amendment by Mr. Perry to the Amendment in the Nature of a
Substitute to H.R. 3846 (#1K); was AGREED TO by voice vote.
In subparagraph (C), in proposed section 411(k)(1), strike ``and''
at the end.
In subparagraph (D), in the proposed section 411(k)(1), strike the
period at the end and insert ``; and".;
In the proposed section 411(K)(1), add at the end a new
subparagraph (E).
In the proposed section 411(K), add at the end a new paragraph
entitled ``(6) Report on Unmanned Aerial Systems.''
An amendment on the roster by Mr. Swalwell to the Amendment in
the Nature of a Substitute to H.R. 3846 (#1L); was ADOPTED by
unanimous consent.
Redesignate section 7 as section 9.
Insert after section 6 the following new section: ``Sec. 7.
Trusted Traveler Programs.''
The Subcommittee on Border and Maritime Security met on May
20, 2014, to consider H.R. 3846, and ordered the measure to be
forwarded to the Full Committee with a favorable
recommendation, amended, by voice vote. The Subcommittee took
the following actions:
The following amendments were offered:
An Amendment in the Nature of a Substitute offered by Mrs.
Miller of Michigan (#1); was AGREED TO by voice vote.
An en bloc amendment to the Amendment in the Nature of a
Substitute to H.R. 3846 offered by Ms. Loretta Sanchez of
California (#1A); was AGREED TO by voice vote. Consisting of
the following amendments:
An amendment:
In the proposed section 411(k), add at the end a new paragraph
entitled ``(5) Audits.''
An amendment:
In the proposed section 411, add at the end a new subsection
entitled ``(o) Short Term Detention Standards.''
An amendment:
In the proposed section 411, add at the end a new subsection
entitled ``(o) Wait Times Transparency.''
An amendment:
In the proposed section 411, amend subsection (l) with a new
subsection (l) Training.
An amendment:
In the proposed section 411(c), redesignate paragraph (10) through
(12) as paragraphs (11) through (13), respectively.
In proposed section 411(c), insert after paragraph (9) the
following:
``(10) administer a 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);''
An amendment:
Add at the end a new section entitled ``Sec. 5. International
Initiatives.''
An amendment to the Amendment in the Nature of a Substitute to
H.R. 3846 offered by Ms. Loretta Sanchez of California (#1B);
was NOT AGREED TO by voice vote.
In the proposed section 411, add at the end a new subsection
entitled ``(o) Department of Homeland Security Border Oversight Task
Force.''
An amendment to the Amendment in the Nature of a Substitute to
H.R. 3846 offered by Ms. Loretta Sanchez of California (#1C);
was NOT AGREED TO by voice vote.
In the proposed Section 411, add at the ends a new subsection
entitled ``(o) Enhanced Customer Service Standards and Professionalism
Training Plan.''
An en bloc amendment to the Amendment in the Nature of a
Substitute to H.R. 3846 offered by Ms. Jackson Lee (#1D); was
AGREED TO by voice vote. Consisting of the following
amendments:
An amendment:
In the proposed section 411(c)(11), strike ``and'' at the end.
Redesignate the proposed section 411(c)(12) as section 411(c)(13).
In the proposed section 411(c), insert after paragraph (11) the
following: ``(12) submit the report required under subsection (o);
and''.
In proposed section 411, add at the end a new clause entitled
``(o) Report on Contract Management Acquisition and Procurement
Personnel.''
An amendment:
In the proposed section 411(g), add at the end a new section
paragraph entitled ``(5) Annual report on staffing.''
An amendment:
Add at the ends a new section entitled ``Sec. 5. Sense of Congress
Regarding the Foreign Language Award Program.''
An amendment:
Add at the end a new section entitled ``Sec. 5. Report on Business
Transformation Initiative.''
An amendment to the Amendment in the Nature of a Substitute to
H.R. 3846 offered by Ms. Jackson Lee (#1E); was AGREED TO by
voice vote.
Add at the ends a new section entitled ``Sec. 5. Report on
Unaccompanied Alien Children Apprehended at the Border.''
An amendment to the Amendment in the Nature of a Substitute to
H.R. 3846 offered by Ms. Jackson Lee (#1F); was WITHDRAWN by
unanimous consent.
Add at the end a new section entitled ``Sec. 5. Increase in United
States Customs and Border Protection Officers.''
An en bloc amendment to the Amendment in the Nature of a
Substitute to H.R. 3846 offered by Mr. O'Rourke (#1G); was
AGREED TO by voice vote. Consisting of the following
amendments:
An amendment:
In the proposed section 411(c)(11), strike ``and'' at the end.
In the proposed section 411(c), redesignate paragraph (12) as
paragraph (13).
In the proposed section 411(c), insert after paragraph (11) the
following:
``(12) submit the report required under subsection (o); and''.
In the proposed section 411, add at the end a new subsection
entitled ``(o) Port of Entry Infrastructure Needs Assessments''
An amendment:
In the proposed section 411(k)(1)(B), insert before the semicolon
at the end the following: ``, including procedures for deescalating
confrontations, where possible''.
In the proposed section 411(k)(1)(B), strike ``and'' at the end.
In the proposed section 411(k)(1)(C), strike the period at the end
and insert ``; and''.
In the proposed section 411(k)(1), add at the end the following:
``(D) uniform reporting of 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.''.
An amendment:
In the proposed section 411(c)(11), strike ``and'' at the end.
In the proposed section 411(c), redesignate paragraph (12) as
paragraph (13).
In the proposed section 411(c), insert after paragraph (11) the
following:
``(12) submit the report required under subsection (o); and''.
In the proposed section 411, add at the end a new subsection
entitled ``(o) Report on Migrant Deaths.''
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the recorded
votes on the motion to report legislation and amendments
thereto.
No recorded votes were requested during consideration of
H.R.3846.
Committee Oversight Findings
Pursuant to clause 3(c)(1) of rule XIII of the Rules of the
House of Representatives, the Committee has held oversight
hearings and made findings that are reflected in this report.
New Budget Authority, Entitlement Authority, and Tax Expenditures
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee finds that H.R.
3846, the United States Customs and Border Protection
Authorization Act, would result in no new or increased budget
authority, entitlement authority, or tax expenditures or
revenues.
Congressional Budget Office Estimate
The Committee adopts as its own the cost estimate prepared
by the Director of the Congressional Budget Office pursuant to
section 402 of the Congressional Budget Act of 1974.
U.S. Congress,
Congressional Budget Office,
Washington, DC, July 18, 2014.
Hon. Michael McCaul,
Chairman, Committee on Homeland Security,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 3846, the United
States Customs and Border Protection Authorization Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mark
Grabowicz.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
H.R. 3846--United States Customs and Border Protection Authorization
Act
H.R. 3846 would direct Customs and Border Protection (CBP)
in the Department of Homeland Security to establish standard
procedures for addressing complaints made against CBP employees
and to enhance training for CBP officers and agents. The bill
also would require the agency to prepare several minor reports
for the Congress on a variety of issues, including the
characteristics of CBP procurement personnel, infrastructure
needs at ports of entry, and the problem of unaccompanied
children apprehended at U.S. borders.
Based on the cost of similar activities, CBO estimates that
implementing H.R. 3846 would cost about $1 million in fiscal
year 2015 and less than $500,000 annually thereafter, from
appropriated funds, mostly for the required reports. According
to CBP, much of the information needed for those reports has
already been compiled. Enacting the legislation would not
affect direct spending or revenues; therefore, pay-as-you-go
procedures do not apply.
H.R. 3846 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
The CBO staff contact for this estimate is Mark Grabowicz.
The estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Statement of General Performance Goals and Objectives
Pursuant to clause 3(c)(4) of rule XIII of the Rules of the
House of Representatives, H.R. 3846 contains the following
general performance goals and objectives, including outcome
related goals and objectives authorized.
The general performance goals and objectives of H.R. 3846
is to vest United States Customs and Border Protection (CBP)
with the statutory authorities and responsibilities to protect
the international border of the United States while
facilitating the flow of legitimate trade and travel. The
Committee believes that granting such authority to CBP formally
in statute will strengthen Homeland Security and the ability of
CBP to carry out its mission.
Duplicative Federal Programs
The Committee finds that H.R. 3846 does not contain any
provision that establishes or reauthorizes a program known to
be duplicative of another Federal program.
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits
In compliance with rule XXI of the Rules of the House of
Representatives, this bill, as reported, contains no
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of the rule
XXI.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
Preemption Clarification
In compliance with section 423 of the Congressional Budget
Act of 1974, requiring the report of any Committee on a bill or
joint resolution to include a statement on the extent to which
the bill or joint resolution is intended to preempt State,
local, or Tribal law, the Committee finds that H.R. 3846 does
not preempt any State, local, or Tribal law.
Disclosure of Directed Rule Makings
The Committee estimates that H.R. 3846 would require no
directed rule makings.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Section-by-Section Analysis of the Legislation
Section 1. Short Title.
This section provides that this bill may be cited as the
``United States Customs and Border Protection Authorization
Act''.
Sec. 2. Establishment of United States Customs and Border Protection.
Subsection (a)--In General.
This section amends section 411 of the Homeland Security
Act of 2002 (6 U.S.C. 211) to formally authorize United States
Customs and Border Protection (CBP) within the Department of
Homeland Security (DHS).
Sec. 411. Establishment of United States Customs and Border
Protection; Commissioner, Deputy Commissioner, and Operational
Offices.
Subsection (a) of Sec. 411--In General.
This subsection formally authorizes CBP as a component of
the Department of Homeland Security. The Committee believes
formally establishing CBP within the Homeland Security Act for
the first time since the creation of the Department will
improve oversight and better ensure that CBP follows
Congressional intent and guidance in the execution of its vital
mission to secure the border and facilitate trade and travel.
Subsection (b) of Sec. 411--Commissioner of United States Customs and
Border Protection.
This subsection establishes a Commissioner to lead CBP. The
Commissioner shall be appointed by the President and confirmed
by the Senate.
The Committee recognizes that the Commissioner's position
is one of the most important within the DHS, overseeing one of
the world's largest law enforcement organizations.
Subsection (c) of Sec. 411--Duties
The subsection authorizes a litany of general duties for
the Commissioner to carry out, including:
Interdiction of persons and goods illegally entering
the United States;
Facilitate and expedite flow of legitimate travelers
and trade;
Detect, respond to, and interdict terrorists, drug
smugglers and traffickers, human smugglers and
traffickers, criminals, and other persons who may
undermine the security of the United States;
Safeguard the borders of the United States to
protect against the entry of dangerous goods;
Oversee the functions of the Office of International
Trade;
Enforce and administer all customs laws of the
United States;
Enforce and administer the immigration laws of the
United States, in coordination with United States
Immigration and Customs Enforcement (ICE) and United
States Citizenship and Immigration Services (USCIS);
Develop and implement screening and targeting
capabilities, prioritizing passengers and cargo across
all international modes of transportation;
Enforce and administer the laws related to
agricultural import and entry inspection;
In coordination with the Secretary, deploy
technology to collect the data necessary for the
Secretary to administer the biometric entry and exit
data system;
In coordination with the Secretary, ensure CBP
complies with Federal law, Federal Acquisition
Regulation, and the Department's acquisition management
directives;
Enforce and administer the Container Security
Initiative and the Customs-Trade Partnership Against
Terrorism;
Establish Standard Operating Procedures described in
section (k); and
Carry out the duties and powers prescribed by law or
delegated by the Secretary.
This authorization is intended to provide the Commissioner
authorities in line with the current duties for the position.
The Committee supports the mission of the National Targeting
Center; risk-based screening programs like the Container
Security Initiative and Customs-Trade Partnership against
Terrorism, which identify and prioritize threats to the United
States; and trusted traveler programs, such as Global Entry,
which facilitate prescreened travelers. The Committee
encourages the Department to further adopt risk-based processes
to facilitate trade and travel for the low risk people and
cargo entering the United States.
Subsection (d) of Sec. 411--Deputy Commissioner.
H.R. 3846 establishes a Deputy Commissioner to assist the
Commissioner in the management of CBP. The Committee intends
the Deputy Commissioner to assist the Commissioner in
overseeing the daily operations of CBP's 60,000-plus employee
workforce and managing an operating budget of over $11 billion.
Subsection (e) of Sec. 411--United States Border Patrol.
This subsection formally establishes the United States
Border Patrol, headed by a Chief, to serve as the office within
CBP with the primary responsibility of preventing persons and
goods from unlawfully entering the country between ports of
entry.
Founded in 1924, the United States Border Patrol has a long
and proud history as our Nation's first line of defense against
illegal crossings. Today, the United State's Border Patrol's
primary mission is to detect and prevent the entry of
terrorists, weapons of mass destruction, and unlawful entry of
persons into the country, and to interdict drug smugglers and
other criminals along the border.
The Committee supports the vital role the United States
Border Patrol plays in protecting the Nation and strongly
supports the United States Border Patrol in its efforts to
secure our Nation's borders.
Subsection (f) of 411--Office of Air and Marine Operations.
This subsection formally establishes the Office of Air and
Marine Operations (OAM), headed by an Assistant Commissioner,
to serve as the office within CBP with the primary
responsibility of preventing the unlawful entry of people,
drugs, and other contraband in the air and maritime
environment. The Assistant Commissioner is also charged with
overseeing the acquisition, maintenance and operational use of
CBP's integrated air and marine forces, and provide aviation
and maritime support to other Federal, State, and local law
enforcement agencies, as appropriate.
OAM is the world's largest aviation and maritime law
enforcement organization--employing its fleet to detect,
intercept and apprehend criminals in diverse environments of
the U.S. borders. The Committee understands that air and marine
law enforcement capabilities are a critical component of CBP's
layered enforcement strategy for border security and, as such,
the Committee recognizes OAM's operational value.
OAM's specialized law enforcement capabilities allow it to
make significant contributions to Departmental border security
efforts, as well as assist Federal, State, local and Tribal
agencies.
Subsection (g) of Sec. 411--Office of Field Operations.
This subsection formally establishes the Office of Field
Operations (OFO), headed by an Assistant Commissioner, to serve
as the office within CBP with the responsibility of preventing
the unlawful entry of persons and goods into the country at all
air-, land-, and sea-ports of entry.
The Committee appreciates the dual missions and vast
responsibilities of the OFO. As the largest component within
CBP, OFO's essential responsibilities range from securing the
border to simultaneously facilitating the lawful trade and
travel at U.S. ports of entry that is critical to our Nation's
economy.
To execute this vital mission, the Committee supports the
use of risk-based targeting to identify and screen the highest
threat cargo and people entering the United States. The
Committee believes the work done by the National Targeting
Center is vital to carry out CBP and OFO's important mission.
In order to improve Congressional oversight, the Committee
requires CBP to report to the appropriate Congressional
committees on the OFO staffing model and staffing levels that
are assigned to each port of entry. The Committee believes this
information is vital for oversight purposes to hold CBP
accountable for minimizing wait times at our Nation's ports of
entry, and to properly inform the Congress regarding OFO
staffing needs.
The Committee understands that it takes CBP approximately
18 months to recruit, hire and train new Officers. Ports of
entry, and particularly airports, are dynamic environments,
with some airports expecting rapid growth and other airports
experiencing a decline in international passenger traffic.
The Committee believes that future staffing decisions
should be based on more than a snapshot in time; rather
staffing decisions should also take into account a robust
analysis of projected changes in passenger and cargo flow at
ports of entry. Therefore, in complying with this section, the
Committee directs the Office of Field Operations to consider
projected changes at existing, expanding and new CBP facilities
beyond an 18-month window when determining future staffing
needs. In order to determine future needs, the Office of Field
Operations shall actively consult with key stakeholders at
airports, sea ports and land ports of entry, especially those
with major expansion plans underway.
Subsection (h) of Sec. 411--Office of Intelligence and Investigative
Liaison.
This subsection formally establishes the Office of
Intelligence and Investigative Liaison (OIIL), headed by an
Assistant Commissioner, to serve as the office within CBP
responsible for developing an intelligence enterprise to
support CBP in carrying out its responsibilities.
OIIL supports CBP's mission through a multi-layered
approach that includes collecting and analyzing advance
traveler and cargo information, using enhanced law enforcement
technical collection capabilities, providing analysis of
intelligence and information, and establishing intelligence-
sharing relationships with Federal, State, and local agencies.
The Committee recognizes the diverse intelligence
capabilities of CBP and that a unified intelligence enterprise
is essential. As such, the Committee supports CBP in being a
coordinating facilitator to integrate these programs. The
Committee also recognizes the important role DHS Intelligence
and Analysis (DHS I&A) provides in assisting components in
intelligence analysis across the Department. The Committee
believes CBP, OIIL and DHS I&A should continue to work
collaboratively to avoid unnecessary duplication of effort and
ensure unity across the intelligence enterprise within DHS.
Subsection (i) of Sec. 411--Office of International Affairs.
This subsection formally establishes the Office of
International Affairs, headed by an Assistant Commissioner, to
serve as the office within CBP with the responsibility to
coordinate and support the foreign policy initiatives and
international programs of CBP.
The Committee supports CBP's Office of International
Affairs mission to coordinate and support foreign initiatives,
programs and activities with our external partners worldwide.
The Committee believes the international engagement and
capacity-building abroad contribute to the security of our
Nation. These programs, which promote anti-terrorism, border
security, non-proliferation, export control, and customs
control, are essential to preventing terrorists and illicit or
dangerous cargo from entering the United States.
The Committee believes continued efforts to strengthen
international relationships and achieve a secure international
environment to facilitate and secure legitimate trade and
travel should be a priority of the Department.
Subsection (j) of Sec. 411--Office of Internal Affairs.
This subsection formally establishes the Office of Internal
Affairs, headed by an Assistant Commissioner, to serve as the
office within CBP with the responsibility to investigate
criminal and administrative matters of misconduct involving
personnel, conduct risk-based covert testing, and administer
other integrity-related programs.
The Committee believes it is imperative that an agency with
the size and importance of CBP have a robust Office of Internal
Affairs to ensure compliance with all laws and policies
relating to corruption, misconduct, and mismanagement. Further,
the Committee believes CBP should ensure the independence of
its officers conducting covert testing to help maintain
objectivity and ensure non-biased results.
Subsection (k) of Sec. 411--Standard Operating Procedures.
This subsection establishes standard operating procedures
and processes. These include:
A standard operating procedure for searching,
reviewing, retaining, and sharing information contained
in electronic, communication, or digital device
encountered by CBP at ports of entry and requires
certain notifications when such devices are searched.
The Committee recognizes the broad authority vested in
CBP to conduct searches at the border. This authority
includes the authority to search persons, vehicles and
possessions, including electronic devices, without
reasonable suspicion. Nonetheless, the Committee
believes that establishing clear guidelines and
providing information to Congress is a manageable
requirement for CBP. This subsection in no way limits
CBP's authority to conduct searches at our Nation's
ports of entry.
A standard operating procedure regarding the use of
force that CBP officers and agents may employ in the
execution of their duties.
A standard operating procedure regarding the use of
UAS, including a process for other Federal, State, and
local law enforcement agencies to submit mission
requests. The Committee believes standard operating
procedures will improve transparency and accountability
of CBP's UAS program. The Committee expects a more
transparent and standardized process to be developed.
The Committee also requires the Commissioner to provide
an annual report on the extent to which UAS are flown
in accordance to such policies required by this bill.
This will ensure greater consistency and
standardization of the process that will be developed.
A standardized, uniform, and publicly available
complaint process for violations of professional
misconduct and would establish a uniform reporting
mechanism regarding incidents involving the use of
deadly force.
The standard operating procedures in this section are
intended to codify existing CBP policies and provide additional
Congressional oversight through rigorous reporting to ensure
these policies are carried out properly.
The Committee believes that uniform procedures and
reporting will provide greater transparency and improve CBP
accountability into these sensitive searches at the border.
Additionally, any deviations involving the use of force or
professional misconduct can be identified and resolved in a
more effective and prompt manner.
While the Committee believes it is important for CBP to be
more transparent, it recognizes the sensitive nature of these
policies. These standardized procedures are not intended to
limit national security or officer safety, but rather ensure
that policies are appropriately followed.
Subsection (l) of Sec. 411--Training.
This subsection requires recurring education and training
for CBP officers and agents, particularly related to changes in
regulations, policies or guidelines.
The Committee believes that all training and workforce
development efforts should support CBP's mission and strategic
goals, meet the needs of a diverse and dispersed workforce, and
contribute to measurable outcomes and results.
Subsection (m) of Sec. 411--Short Term Detention Standards.
This subsection requires CBP to establish short-term
detention standards, including a detainee's access to food and
water, and certain information. This subsection also
establishes a database containing information concerning
repatriated individuals, and to the extent practicable,
authorizes daytime repatriation. This subsection also requires
the Government Accountability Office to submit a report to
Congress on CBP's procurement of contracts for transportation
and detention of individuals apprehended by CBP.
The Committee believes that standards for short-term
detention and humane repatriation should be established and
consistently followed. The Committee expects detention
facilities to be physically inspected and any deficiencies
addressed in a prompt and thorough manner.
Subsection (n) of Sec. 411--Wait Times Transparency.
This section requires the Commissioner of CBP to publish
live wait times at the 20 busiest airports and make such
information available to the public.
The Committee believes that utilizing technology to assist
CBP in measuring wait times will help CBP minimize wait times,
to the extent possible. Making such information publicly
available benefits travelers entering the United States.
At land ports of entry where live wait time information is
available--including as part of the Department of Homeland
Security's Beyond the Border Initiative--helps redirect traffic
to a nearby port of entry that may be underutilized, which in
turn reduces wait times at other ports of entry.
Subsection (o) of Sec. 411--Other Authorities.
This subsection authorizes the Secretary of Homeland
Security to establish other offices or Assistant Commissioners,
as necessary, to carry out the missions, duties, functions, and
other authorities necessary.
The Committee does not intend to limit the Secretary's
ability to properly staff CBP in order to carry out its
important mission, but believes appropriate notification of
major organizational changes is warranted.
Subsection (p) of Sec. 411--Other Federal Agencies.
This subsection clarifies that nothing in this section
shall affect the authorities of any other Federal agencies.
Establishing other offices or Assistant Commissioners, as
the Secretary of Homeland Security deems necessary to carry out
the mission, duties, functions and authorities of CBP, will
have no effect on the existing authorities of any other Federal
agency.
Subsection (b)--Special Rules.
This subsection affirms that CBP shall continue to carry
out the functions, missions, duties, and authorities that were
vested in them prior to the passage of this act. Further, this
subsection makes clear that rules, regulations, and policies
issued by CBP pursuant to section 411 of the Homeland Security
Act prior to the passage of this act shall remain in place.
Subsection (c)--Continuation In Office.
This subsection clarifies that the Commissioner of CBP as
well as Assistant Commissioners and other CBP officials may
continue to serve in their roles after passage of this act.
Subsection (d)--Reference.
This subsection amends 5 U.S.C. 5314 to include the
Commissioner of CBP in place of the outdated ``Commissioner of
Customs'' position in the Level III Executive Pay Schedule.
Subsection (e)--Clerical Amendment.
This subsection simply amends the table of contents in the
Homeland Security Act of 2002 to reflect the changes made by
this act.
Sec. 3. Repeals.
This section repeals provisions in the HSA that are no
longer necessary or have already been fulfilled. These include:
Sec. 416, which mandated a Government Accountability Office
report that was completed in 2003; Section 418, which required
a report from the Secretary of the Treasury that was completed
in 2003; and Sec. 443, which established professional
responsibility authorities with the former Under Secretary for
Border and Transportation Security.
Section 443 is unnecessary given that H.R. 3846 now
codifies those authorities within the Office of Internal
Affairs at CBP.
Sec. 4. Clerical and Conforming Amendments.
This section amends sections of the HSA to accurately
reflect current titles and functions.
In addition, this section amends section 424 of the HSA to
maintain the Transportation Security Administration as a
distinct entity within the Department of Homeland Security.
Finally, this section amends section 444 of the HSA to
grant the Secretary of Homeland Security the authority to
discipline any employee of CBP or ICE who willfully deceives
Congress or DHS leadership.
Sec. 5. Reports and Assessments.
Subsection (a)--Report on Contract Management Acquisition and
Procurement Personnel.
This subsection requires a report related to contract
management acquisition and procurement personnel under CBP's
Office of Technology Innovation and Acquisition. The report on
contract management personnel will be useful to identify CBP's
contract management and acquisition personnel needs.
Subsection (b)--Report on Migrant Deaths.
This subsection requires the CBP Commissioner to provide a
report to Congress on migrant deaths occurring along the US-
Mexico border. The Committee supports CBP's efforts to mitigate
migrant deaths through use of rescue operations conducted by
Border Patrol Search, Trauma and Rescue (BORSTAR) teams, and
recognizes that security infrastructure has made illicit
transit of the border more difficult.
Subsection (c)--Report on Business Transformation Initiative.
The Committee expects the report on CBP's Business
Transformation Initiative required under this act will help the
Committee understand how technology and changes to processes
are improving CBP's capacity to facilitate trade and travel,
while mitigating wait times at the border. The Committee
recognizes that the expansion of business transformation
processes like Global Entry and Automated Passport Control
kiosks have allowed CBP to reduce wait times, allowing officers
to focus more on the security functions of their jobs, and less
on the administrative functions, ultimately resulting in a more
secure and efficient border. This information is essential for
Congress to understand CBP's staffing and technological needs
to meet increases in trade and travel volume, which are
expected to continue over the next few years.
Subsection (d)--Report on Unaccompanied Alien Children Apprehended at
the Border.
The Committee has significant concerns about the recent
surge of Unaccompanied Alien Children (UAC) at the border,
primarily apprehended in the Rio Grande Valley, and whether
that surge impacts CBP's operational posture. The influx has
overwhelmed short-term detention capacity and processing
capabilities in the area. The information requested in this
report will help the Committee identify the root causes of the
surge and to ensure CBP has the resources it needs to respond.
Subsection (e)--Port of Entry Infrastructure Needs Assessments.
The Committee recognizes the importance of port of entry
infrastructure to facilitating legitimate trade and travel and
that improving and expanding port of entry infrastructure
remains one of the most significant challenges toward a smart,
efficient and secure border. The Commissioner of CBP is
required to conduct an assessment identifying infrastructure
needs at the 20 busiest land ports of entry. The Committee
believes that the identification of such infrastructure needs
is essential to identifying those ports of entry most in need
of infrastructure upgrade or expansion. The Committee believes
identifying infrastructure needs will assist CBP in planning
joint infrastructure projects with both Canadian and Mexican
border agencies to ensure priorities are aligned.
Subsection (f)--Unmanned Aerial Systems Strategy.
The Committee believes CBP should update its Unmanned
Aerial Systems Strategy to identify mission and goals of the
program, the expected level of operations, and the funding and
anticipated stakeholder needs and resource requirements of such
program. The Committee believes that an updated strategy is
essential to improve the utilization of the program and ensure
the program meets CBP's security needs. The Committee
recognizes that significant investments have been made into the
UAS program, and that an updated strategy should be provided in
order to maximize return on what has already been a substantial
investment.
Subsection (g)--Report on Biometric Exit Data Capability at Airports.
This subsection requires the Commissioner to report on the
collaborative effort undertaken by CBP and the Science and
Technology Directorate (S&T) at DHS as part of the joint Air
Entry/Exit Re-engineering (AEER) Apex project to determine how
to deploy a biometric air exit capability at airports. The
Committee recognizes the purpose of the AEER Project is to
analyze, develop, test, pilot, and evaluate integrated
approaches to biometrically confirm the departure of non-U.S.
citizens at U.S. airports, as well as to introduce more
efficient traveler facilitation processes and effective
biometric technologies to screen travelers entering the U.S.
The Committee supports this collaboration as part of the Apex
project, and believes this is an appropriate use of S&T's
limited resources to apply technical and scientific expertise
to solve an important problem for the Department.
Subsection (h)--CBP Officer Training.
This subsection requires the Commissioner to submit to
Congress a report on the current capacity of CBP to recruit,
hire, and train additional CBP Officers to meet staffing needs,
as identified by CBP's Workforce Staffing Model. The Committee
recognizes that despite funding 2,000 additional CBP Officers
in the Consolidated Appropriations Act, 2014 (Pub. L. 113-76),
it will take significant time for CBP to recruit, hire, and
train these additional officers. The Committee expects this
report to describe CBP needs to fully support the number of
officers indicated by the model and provide Congress with the
information it needs to ultimately determine the appropriate
staffing levels necessary for CBP to secure our borders and
facilitate the flow of legitimate trade and travel.
Subsection (i)--Report on the Security of United States International
Borders.
This subsection requires the Commissioner to develop
specific metrics for measuring the status of security of the
border, including measuring effectiveness of current resource
allocations, informed by input from stakeholders on the border.
The Committee believes developing such outcome-based metrics,
which identify effectiveness, not just activity, is long
overdue, and continues to encourage CBP to identify such
metrics. The Committee believes such metrics are necessary to
provide Congress an understanding of how effective resources
applied to the border are in enhancing security. The Committee
must once again note that without a Department-wide strategy,
CBP cannot effectively secure the border and will only push
illicit activity to other areas.
Subsection (j)--Personal Searches.
This subsection requires the Commissioner to report to
Congress on supervisor-approved personal searches conducted by
CBP in the previous year. The report will include the number of
searches, the location of such searches, the subcomponent
responsible, and the result of such searches. The Committee
recognizes that Officers and Agents conduct numerous searches
throughout the course of their duties for purposes of officer
safety. This report should only address those searches which
require supervisor approval, which CBP has told the Committee
occur much more infrequently.
Sec. 6. International Initiatives.
This section requires the Secretary of Homeland Security,
in coordination with the Secretary of State, to engage
appropriate international officials to assess specific needs to
improve border and maritime security. This section specially
authorizes initiatives with:
Central American nations to maintain security of the
international borders;
The Government of Mexico to assess specific needs
related to Mexico's southern border; and
The appropriate governments of Caribbean nations to
assess maritime and border security challenges in that
region.
The Committee believes that coordinating with other Western
Hemisphere nations to better establish border and maritime
security is a smart practice. Working with our allies in the
Western Hemisphere not only increases the security of our
borders, but also provides an opportunity to make their
countries--and the region--safer.
Additionally, the Committee recognizes the surge in recent
years of ``Other than Mexicans'' (OTM) attempting to cross
illegally along the Southwest Border of the United States. The
Committee believes that coordinated efforts with the Government
of Mexico and Central American countries could help reduce the
flow of individuals seeking to enter the U.S. unlawfully prior
to their arrival at our border.
Furthermore, the Committee is aware that there are
significant challenges in the Caribbean as the Department's
drug interdiction rate is well below 20 percent. The Committee
believes that coordinating with Caribbean partners and
understanding the specific needs of these nations may improve
our interruption of those individuals and networks trying to
smuggle illicit drugs and migrants into the United States.
Sec. 7. Treatment of Certain Applications for Port of Entry Status.
This section requires the Department to give airports that
have had more than 100,000 international passengers in a
previous calendar year priority consideration for port of entry
status.
Sec. 8. Trusted Traveler Programs.
This section prohibits the Secretary of Homeland Security
from entering into or renewing an agreement with a foreign
government for a Trusted Traveler Program administered by CBP
unless the Secretary certifies that such government routinely
submits information to INTERPOL's Stolen and Lost Travel
Document (SLTD) database or otherwise makes such information
available to the United States.
In April 2014, the Subcommittee on Border and Maritime
Security held a hearing on the issue of passport fraud and
received testimony that, with only a few exceptions, only those
nations that are members of the Visa Waiver Program regularly
submit timely data to the SLTD. The Committee believes
population of INTERPOL's SLTD database provides significant
aviation and homeland security benefits to the United States,
and therefore should be a requirement for any country wishing
to enter into Trusted Traveler Program agreement with the
United States.
Sec. 9. Sense of Congress Regarding the Foreign Language Award
Program.
This section provides a sense of Congress supporting CBP's
Foreign Language Award Program (FLAP).
The Committee supports the FLAP program and believes that
CBP personnel benefit from foreign language skills which
enhance the ability of CBP to perform its vital mission.
The Committee expects CBP to continually analyze their
foreign language needs, requirements and capabilities to assess
their workforce. FLAP not only helps CBP attract and retain the
most qualified employees, but it also enhances their ability to
better meet the needs of the diverse public they serve and
protect. Furthermore, FLAP helps to improve operational
efficiency, expediting traveler processing and make the United
States a more welcoming destination.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
HOMELAND SECURITY ACT OF 2002
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) * * *
(b) Table of Contents.--The table of contents for this Act is
as follows:
* * * * * * *
[TITLE IV--DIRECTORATE OF BORDER AND TRANSPORTATION SECURITY
[Subtitle A--Under Secretary for Border and Transportation Security]
TITLE IV--BORDER, MARITIME, AND TRANSPORTATION SECURITY
Subtitle A--Border, Maritime, and Transportation Security
Responsibilities and Functions
[Sec. 401. Under Secretary for Border and Transportation Security.
[Sec. 402. Responsibilities.]
Sec. 402. Border, maritime, and transportation responsibilities.
* * * * * * *
[Subtitle B--United States Customs Service]
Subtitle B--United States Customs and Border Protection
[Sec. 411. Establishment; Commissioner of Customs.]
Sec. 411. Establishment of United States Customs and Border Protection;
Commissioner, Deputy Commissioner, and operational offices.
* * * * * * *
[Sec. 416. GAO report to Congress.]
* * * * * * *
[Sec. 418. Reports to Congress.]
* * * * * * *
Subtitle D--Immigration Enforcement Functions
[Sec. 441. Transfer of functions to Under Secretary for Border and
Transportation Security.
[Sec. 442. Establishment of Bureau of Border Security.
[Sec. 443. Professional responsibility and quality review.]
Sec. 441. Transfer of functions.
Sec. 442. United States Immigration and Customs Enforcement.
* * * * * * *
TITLE I--DEPARTMENT OF HOMELAND SECURITY
* * * * * * *
SEC. 102. SECRETARY; FUNCTIONS.
(a) * * *
* * * * * * *
(f) Special Assistant to the Secretary.--The Secretary shall
appoint a Special Assistant to the Secretary who shall be
responsible for--
(1) * * *
* * * * * * *
(10) coordinating with [the Directorate of Border and
Transportation Security] Commissioner of United States
Customs and Border Protection and the Assistant
Secretary for Trade Development of the Department of
Commerce on issues related to the travel and tourism
industries; and
* * * * * * *
SEC. 103. OTHER OFFICERS.
(a) Deputy Secretary; Under Secretaries.--(1) In general.--
Except as provided under paragraph (2), there are the following
officers, appointed by the President, by and with the advice
and consent of the Senate:
(A) * * *
* * * * * * *
(C) [An Under Secretary for Border and Transportation
Security.] A Commissioner of United States Customs and
Border Protection.
* * * * * * *
(G) [A Director of the Office of Counternarcotics
Enforcement.] A Director for United States Immigration
and Customs Enforcement.
* * * * * * *
TITLE IV--[DIRECTORATE OF BORDER AND TRANSPORTATION SECURITY] BORDER,
MARITIME, AND TRANSPORTATION SECURITY
Subtitle A--[Under Secretary for Border and Transportation Security]
Border, Maritime, and Transportation Security Responsibilities and
Functions
[SEC. 401. UNDER SECRETARY FOR BORDER AND TRANSPORTATION SECURITY.
[There shall be in the Department a Directorate of Border and
Transportation Security headed by an Under Secretary for Border
and Transportation Security.]
SEC. 402. [RESPONSIBILITIES] BORDER, MARITIME, AND TRANSPORTATION
RESPONSIBILITIES.
The Secretary[, acting through the Under Secretary for
Border and Transportation Security,] shall be responsible for
the following:
(1) * * *
* * * * * * *
Subtitle B--[United States Customs Service] United States Customs and
Border Protection
[SEC. 411. ESTABLISHMENT; COMMISSIONER OF CUSTOMS.
[(a) Establishment.--There is established in the Department
the United States Customs Service, under the authority of the
Under Secretary for Border and Transportation Security, which
shall be vested with those functions including, but not limited
to those set forth in section 415(7), and the personnel,
assets, and liabilities attributable to those functions.
[(b) Commissioner of Customs.--
[(1) In general.--There shall be at the head of the
Customs Service a Commissioner of Customs, who shall be
appointed by the President, by and with the advice and
consent of the Senate.
[(2) Compensation.--Section 5314 of title 5, United
States Code, is amended by striking ``Commissioner of
Customs, Department of the Treasury'' and inserting
``Commissioner of Customs, Department of Homeland
Security''.
[(3) Continuation in office.--The individual serving
as the Commissioner of Customs on the day before the
effective date of this Act may serve as the
Commissioner of Customs on and after such effective
date until a Commissioner of Customs is appointed under
paragraph (1).]
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, criminals, and other persons who may
undermine the security of 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)), 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 the duties and powers prescribed by
law or delegated by the Secretary.
(d) Deputy Commissioner.--There shall be in United States
Customs and Border Protection a Deputy Commissioner who shall
assist the Commissioner in the management of United States
Customs and Border Protection.
(e) United States Border Patrol.--
(1) In general.--There is established in United
States Customs and Border Protection the United States
Border Patrol.
(2) Chief.--There shall be at the head of the United
States Border Patrol a Chief, who shall be a uniformed
law enforcement officer chosen from the ranks of the
United States Border Patrol and who shall report to the
Commissioner.
(3) Duties.--The United States Border Patrol shall--
(A) serve as the law enforcement office of
United States Customs and Border Protection
with primary responsibility for interdicting
persons attempting to illegally enter or exit
the United States or goods being illegally
imported to or exported from the United States
at a place other than a designated port of
entry;
(B) deter and prevent illegal entry of
terrorists, terrorist weapons, persons, and
contraband; and
(C) carry out other duties and powers
prescribed by the Commissioner.
(f) Office of Air and Marine Operations.--
(1) In general.--There is established in United
States Customs and Border Protection an Office of Air
and Marine Operations.
(2) Assistant commissioner.--There shall be at the
head of the Office of Air and Marine Operations an
Assistant Commissioner, who shall report to the
Commissioner.
(3) Duties.--The Office of Air and Marine Operations
shall--
(A) serve as the law enforcement office
within United States Customs and Border
Protection with primary responsibility to
detect, interdict, and prevent acts of
terrorism and the unlawful movement of people,
illicit drugs, and other contraband across the
borders of the United States in the air and
maritime environment;
(B) oversee the acquisition, maintenance, and
operational use of United States Customs and
Border Protection integrated air and marine
forces;
(C) provide aviation and marine support for
other Federal, State, and local law enforcement
agency needs, as appropriate; and
(D) carry out other duties and powers
prescribed by the Commissioner.
(g) Office of Field Operations.--
(1) In general.--There is established in United
States Customs and Border Protection an Office of Field
Operations.
(2) Assistant commissioner.--There shall be at the
head of the Office of Field Operations an Assistant
Commissioner, who shall report to the Commissioner.
(3) Duties.--The Office of Field Operations shall
coordinate the enforcement activities of United States
Customs and Border Protection at United States air,
land, and sea ports of entry to--
(A) deter and prevent terrorists and
terrorist weapons from entering the United
States at such ports of entry;
(B) conduct inspections at such ports of
entry to safeguard the United States from
terrorism and illegal entry of persons;
(C) prevent illicit drugs, agricultural
pests, and contraband from entering the United
States;
(D) in coordination with the Commissioner,
facilitate and expedite the flow of legitimate
travelers and trade;
(E) administer the National Targeting Center
established under paragraph (4); and
(F) carry out other duties and powers
prescribed by the Commissioner.
(4) National Targeting Center.--
(A) In general.--There is established in the
Office of Field Operations a National Targeting
Center.
(B) Executive Director.--There shall be at
the head of the National Targeting Center an
Executive Director, who shall report to the
Assistant Commissioner of the Office of Field
Operations.
(C) Duties.--The National Targeting Center
shall--
(i) serve as the primary forum for
targeting operations within United
States Customs and Border Protection to
collect and analyze traveler and cargo
information in advance of arrival in
the United States;
(ii) identify, review, and target
travelers and cargo for examination;
(iii) coordinate the examination of
entry and exit of travelers and cargo;
and
(iv) carry out other duties and
powers prescribed by the Assistant
Commissioner.
(5) Annual report on staffing.--Not later than 30
days after the date of the enactment of this section
and annually thereafter, the Assistant Commissioner
shall submit to the appropriate congressional
committees a report on the staffing model for the
Office of Field Operations, including information on
how many supervisors, front-line United States Customs
and Border Protection officers, and support personnel
are assigned to each Field Office and port of entry.
(h) Office of Intelligence and Investigative Liaison.--
(1) In general.--There is established in United
States Customs and Border Protection an Office of
Intelligence and Investigative Liaison.
(2) Assistant commissioner.--There shall be at the
head of the Office of Intelligence and Investigative
Liaison an Assistant Commissioner, who shall report to
the Commissioner.
(3) Duties.--The Office of Intelligence and
Investigative Liaison shall--
(A) develop, provide, coordinate, and
implement intelligence capabilities into a
cohesive intelligence enterprise to support the
execution of the United States Customs and
Border Protection duties and responsibilities;
(B) collect and analyze advance traveler and
cargo information;
(C) establish, in coordination with the Chief
Intelligence Officer of the Department, as
appropriate, intelligence-sharing relationships
with Federal, State, local, and tribal agencies
and intelligence agencies; and
(D) carry out other duties and powers
prescribed by the Commissioner.
(i) Office of International Affairs.--
(1) In general.--There is established in United
States Customs and Border Protection an Office of
International Affairs.
(2) Assistant commissioner.--There shall be at the
head of the Office of International Affairs an
Assistant Commissioner, who shall report to the
Commissioner.
(3) Duties.--The Office of International Affairs, in
collaboration with the Office of International Affairs
of the Department, shall--
(A) coordinate and support United States
Customs and Border Protection's foreign
initiatives, policies, programs, and
activities;
(B) coordinate and support United States
Customs and Border Protection's personnel
stationed abroad;
(C) maintain partnerships and information
sharing agreements and arrangements with
foreign governments, international
organizations, and United States agencies in
support of United States Customs and Border
Protection duties and responsibilities;
(D) provide necessary capacity building,
training, and assistance to foreign border
control agencies to strengthen global supply
chain and travel security;
(E) coordinate mission support services to
sustain United States Customs and Border
Protection's global activities;
(F) coordinate, in collaboration with the
Office of Policy of the Department, as
appropriate, United States Customs and Border
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.
(7) Report on unmanned aerial systems.--The
Commissioner shall submit to the appropriate
congressional committees an annual report that reviews
whether the use of unmanned aerial systems are being
conducted in conformity with the standard operating
procedures required under subparagraph (E) of paragraph
(1). Such reports--
(A) shall be submitted with the President's
annual budget;
(B) may be submitted in classified form if
the Commissioner determines that such is
appropriate, and
(C) shall include--
(i) a detailed description of how,
where, and for how long data and images
collected through the use of unmanned
aerial systems by United States Customs
and Border Protection is collected and
stored; and
(ii) a list of Federal, State, and
local law enforcement agencies that
submitted mission requests in the
previous year and the disposition of
such requests.
(l) Training.--
(1) In general.--The Commissioner shall require all
agents and officers of United States Customs and Border
Protection to participate in a specified amount of
continuing education (to be determined by the
Commissioner) to maintain an understanding of Federal
legal rulings, court decisions, and departmental
policies, procedures, and guidelines.
(2) Ensuring training.--Not later than 90 days after
the date of the enactment of this section, the
Commissioner shall develop a database system that
identifies for each United States Customs and Border
Protection officer or agent, by port of entry or
station--
(A) for each training course, the average
time allocated during on-duty hours within
which training must be completed;
(B) for each training course offered, the
duration of training and the average amount of
time an officer must be absent from work to
complete such training course; and
(C) certification of each training course by
a supervising officer that the officer is able
to carry out the function for which the
training was provided, and if training has been
postponed, the basis for postponing such
training.
(3) Use of data.--The Commissioner shall use the
information developed under paragraph (2) to--
(A) develop training requirements for United
States Customs and Border Protection officers
to ensure that such officers have sufficient
training to conduct primary 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).
SEC. 412. RETENTION OF CUSTOMS REVENUE FUNCTIONS BY SECRETARY OF THE
TREASURY.
(a) * * *
(b) Maintenance of Customs Revenue Functions.--
(1) Maintenance of functions.--Notwithstanding any
other provision of this Act, the Secretary may not
consolidate, discontinue, or diminish those functions
described in paragraph (2) performed by the [United
States Customs Service] United States Customs and
Border Protection (as established under section 411) on
or after the effective date of this Act, reduce the
staffing level, or reduce the resources attributable to
such functions, and the Secretary shall ensure that an
appropriate management structure is implemented to
carry out such functions.
(2) Functions.--The functions referred to in
paragraph (1) are those functions performed by the
following personnel, and associated support staff, of
the [United States Customs Service] United States
Customs and Border Protection on the day before the
effective date of this Act: Import Specialists, Entry
Specialists, Drawback Specialists, National Import
Specialist, Fines and Penalties Specialists, attorneys
of the Office of Regulations and Rulings, Customs
Auditors, International Trade Specialists, Financial
Systems Specialists.
* * * * * * *
SEC. 413. PRESERVATION OF CUSTOMS FUNDS.
Notwithstanding any other provision of this Act, no funds
[available to the United States Customs Service or] collected
under paragraphs (1) through (8) of section 13031(a) of the
Consolidated Omnibus Budget Reconciliation Act of 1985 may be
transferred for use by any other agency or office in the
Department.
SEC. 414. SEPARATE BUDGET REQUEST FOR CUSTOMS.
The President shall include in each budget transmitted to
Congress under section 1105 of title 31, United States Code, a
separate budget request for the [United States Customs Service]
United States Customs and Border Protection.
SEC. 415. DEFINITION.
In this subtitle, the term ``customs revenue function''
means the following:
(1) * * *
* * * * * * *
(7) Functions performed by the following personnel,
and associated support staff, of the United States
Customs Service on the day before the effective date of
this Act, 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: Import Specialists, Entry
Specialists, Drawback Specialists, National Import
Specialist, Fines and Penalties Specialists, attorneys
of the Office of Regulations and Rulings, Customs
Auditors, International Trade Specialists, Financial
Systems Specialists.
(8) Functions performed by the following offices,
with respect to any function described in any of
paragraphs (1) through (7), and associated support
staff, of the United States Customs Service on the day
before the effective date of this Act, 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: the Office of
Information and Technology, the Office of Laboratory
Services, the Office of the Chief Counsel, the Office
of Congressional Affairs, the Office of International
Affairs, and the Office of Training and Development.
[SEC. 416. GAO REPORT TO CONGRESS.
[Not later than 3 months after the effective date of this
Act, the Comptroller General of the United States shall submit
to Congress a report that sets forth all trade functions
performed by the executive branch, specifying each agency that
performs each such function.]
* * * * * * *
[SEC. 418. REPORTS TO CONGRESS.
[(a) Continuing Reports.--The United States Customs Service
shall, on and after the effective date of this Act, continue to
submit to the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate any
report required, on the day before such the effective date of
this Act, to be so submitted under any provision of law.
[(b) Report on Conforming Amendments.--Not later than 60 days
after the date of enactment of this Act, the Secretary of the
Treasury shall submit a report to the Committee on Finance of
the Senate and the Committee on Ways and Means of the House of
Representatives of proposed conforming amendments to the
statutes set forth under section 412(a)(2) in order to
determine the appropriate allocation of legal authorities
described under this subsection. The Secretary of the Treasury
shall also identify those authorities vested in the Secretary
of the Treasury that are exercised by the Commissioner of
Customs on or before the effective date of this section.]
Subtitle C--Miscellaneous Provisions
* * * * * * *
[SEC. 424. PRESERVATION OF TRANSPORTATION SECURITY ADMINISTRATION AS A
DISTINCT ENTITY.
[(a) In General.--Notwithstanding any other provision of this
Act, and subject to subsection (b), the Transportation Security
Administration shall be maintained as a distinct entity within
the Department under the Under Secretary for Border
Transportation and Security.
[(b) Sunset.--Subsection (a) shall cease to apply 2 years
after the date of enactment of this Act.]
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.
* * * * * * *
SEC. 430. OFFICE FOR DOMESTIC PREPAREDNESS.
[(a) In General.--The Office for Domestic Preparedness shall
be within the Directorate of Border and Transportation
Security.]
(a) Establishment.--There is established in the Department an
Office for Domestic Preparedness.
(b) Director.--There shall be a Director of the Office for
Domestic Preparedness, who shall be appointed by the President.
[The Director of the Office for Domestic Preparedness shall
report directly to the Under Secretary for Border and
Transportation Security.]
(c) Responsibilities.--The Office for Domestic Preparedness
shall have the primary responsibility within the executive
branch of Government for the preparedness of the United States
for acts of terrorism, including--
(1) * * *
* * * * * * *
(7) assisting and supporting the Secretary, in
coordination with other Directorates and entities
outside the Department, in conducting appropriate risk
analysis and risk management activities of State,
local, and tribal governments consistent with the
mission and functions of the [Directorate] Department;
* * * * * * *
Subtitle D--Immigration Enforcement Functions
SEC. 441. [TRANSFER OF FUNCTIONS TO UNDER SECRETARY FOR BORDER AND
TRANSPORTATION SECURITY.] TRANSFER OF FUNCTIONS.
In accordance with title XV (relating to transition
provisions), there shall be transferred from the Commissioner
of Immigration and Naturalization to the [Under Secretary for
Border and Transportation Security] Secretary all functions
performed under the following programs, and all personnel,
assets, and liabilities pertaining to such programs,
immediately before such transfer occurs:
(1) * * *
* * * * * * *
[SEC. 444. EMPLOYEE DISCIPLINE.
[The Under Secretary for Border and Transportation Security
may, notwithstanding any other provision of law, impose
disciplinary action, including termination of employment,
pursuant to policies and procedures applicable to employees of
the Federal Bureau of Investigation, on any employee of the
Bureau of Border Security who willfully deceives the Congress
or agency leadership on any matter.]
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.
* * * * * * *
----------
TITLE 5, UNITED STATES CODE
* * * * * * *
PART III--EMPLOYEES
* * * * * * *
SUBPART D--PAY AND ALLOWANCES
* * * * * * *
CHAPTER 53--PAY RATES AND SYSTEMS
* * * * * * *
SUBCHAPTER II--EXECUTIVE SCHEDULE PAY RATES
* * * * * * *
Sec. 5314. Positions at level III
Level III of the Executive Schedule applies to the following
positions, for which the annual rate of basic pay shall be the
rate determined with respect to such level under chapter 11 of
title 2, as adjusted by section 5318 of this title:
Solicitor General of the United States.
* * * * * * *
[Commissioner of Customs, Department of Homeland
Security] Commissioner of United States Customs and
Border Protection, Department of Homeland Security.
* * * * * * *
Committee Correspondence
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.
------
Congress of the United States, House of
Representatives, Committee on Ways and Means,
Washington, DC, June 26, 2014.
Hon. Michael McCaul,
Chairman, Committee on Homeland Security,
Washington, DC.
Dear Chairman McCaul: I am writing concerning H.R. 3846,
the ``United States Customs and Border Protection Authorization
Act of 2014,'' which was favorably reported out of your
Committee on June 11, 2014.
Given that numerous provisions in the bill are within the
jurisdiction of the Committee on Ways and Means, I appreciate
that you have addressed these provisions in response to the
Committee's concerns. As a result, in order to expedite floor
consideration of the bill, the Committee on Ways and Means will
forego action on H.R. 3846. This is also being done with the
understanding that it does not in any way prejudice the
Committee with respect to the appointment of conferees or its
jurisdictional prerogatives on this or similar legislation.
I would appreciate your response to this letter, confirming
this understanding with respect to H.R. 3846, and would ask
that a copy of our exchange of letters on this matter be
included in the Congressional Record during Floor
consideration.
Sincerely,
Dave Camp,
Chairman.
------
Congress of the United States, 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
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.