[House Report 116-23]
[From the U.S. Government Publishing Office]
116th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 116-23
======================================================================
CBP WORKLOAD STAFFING MODEL ACT
_______
March 28, 2019.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Thompson of Mississippi, from the Committee on Homeland Security,
submitted the following
R E P O R T
[To accompany H.R. 1639]
The Committee on Homeland Security, to whom was referred
the bill (H.R. 1639) to amend the Homeland Security Act of 2002
to improve U.S. Customs and Border Protection (CBP)
identification of staffing needs, 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.............................................. 2
Background and Need for Legislation.............................. 2
Hearings......................................................... 3
Committee Consideration.......................................... 3
Committee Votes.................................................. 4
Committee Oversight Findings..................................... 4
C.B.O. Estimate, New Budget Authority, Entitlement Authority, and
Tax Expenditures............................................... 4
Federal Mandates Statement....................................... 5
Duplicative Federal Programs..................................... 5
Statement of General Performance Goals and Objectives............ 5
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 5
Section-by-Section Analysis of the Legislation................... 5
Changes in Existing Law Made by the Bill, as Reported............ 6
Strike all after the enacting clause and insert the
following:
The amendment is as follows:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``CBP Workload Staffing Model Act''.
SEC. 2. ESTABLISHMENT OF WORKLOAD STAFFING MODELS FOR U.S. BORDER
PATROL AND AIR AND MARINE OPERATIONS OF CBP.
(a) In General.--The Commissioner of U.S. Customs and Border
Protection shall in coordination with the Under Secretary for
Management, Chief Human Capital Officer, and Chief Financial Officer of
the Department of Homeland Security, develop and implement, by not
later than one year after the date of the enactment of this Act, a
workload staffing model for each of the U.S. Border Patrol and Air and
Marine Operations.
(b) Responsibilities of the Commissioner of CBP.--Subsection (c) of
section 411 of the Homeland Security Act of 2002 (6 U.S.C. 211) is
amended--
(1) by redesignating paragraphs (18) and (19) as paragraphs
(20) and (21), respectively; and
(2) by inserting after paragraph (17) the following new
paragraphs:
``(18) implement a staffing model that includes consideration
for essential frontline operator activities and functions,
variations in operating environments, present and planned
infrastructure, present and planned technology, and required
operations support levels for the U.S. Border Patrol, Air and
Marine Operations, and the Office of Field Operations, to
manage and assign personnel of such entities to ensure field
and support posts possess adequate resources to carry out
duties specified in this section;
``(19) develop standard operating procedures for a workforce
tracking system within the U.S. Border Patrol, Air and Marine
Operations, and the Office of Field Operations, train the
workforce of each of such entities on the use, capabilities,
and purpose of such system, and implement internal controls to
ensure timely and accurate scheduling and reporting of actual
completed work hours and activities;''.
(c) Report.--Not later than one year after the date of the enactment
of this Act with respect to subsection (a) and paragraphs (18) and (19)
of section 411(c) of the Homeland Security Act of 2002 (as amended by
subsection (b)), and annually thereafter with respect to such
paragraphs (18) and (19), the Secretary of Homeland Security 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 status update on the implementation of this Act
and such paragraphs (18) and (19), and status updates on such
paragraphs (18) and (19), as well as all relevant workload staffing
models. Such status updates shall include information on data sources
and methodology used to generate such staffing models.
(d) Inspector General Review.--Not later than 120 days after the
Commissioner of U.S. Customs and Border Protection develops a workload
staffing model pursuant to subsection (a), the Inspector General of the
Department of Homeland Security shall review such model and provide
feedback to the Secretary of Homeland Security and the Committee on
Homeland Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate regarding the
degree to which such model is responsive to Inspector General
recommendations, including recommendations from the Inspector General's
February 2019 audit, and as appropriate, any further recommendations to
improve such model.
Purpose and Summary
H.R. 1639, the ``CBP Workload Staffing Model Act'' requires
the use of workload staffing models to determine staffing needs
for all three subcomponents of U.S. Customs and Border
Protection (CBP)--the Office of Field Operations, U.S. Border
Patrol, and Air and Marine Operations.
Background and Need for Legislation
In 2011, Congress directed the U.S. Border Patrol to submit
a five-year staffing and deployment plan. The plan that was
submitted in 2013 failed to address key goals of border
security and did not identify factors that affect deployment.
Congress requested a more complete five-year plan that
addressed these missing factors. However, Border Patrol never
completed this plan.
In 2017, President Trump signed an Executive Order 13767,
Border Security and Immigration Enforcement Improvements, which
directed the Department of Homeland Security (DHS or
Department) to hire an additional 5,000 Border Patrol agents.
In July 2017, the Department's Office of the Inspector General
(OIG) found that Border Patrol was unable to show an
operational need for the 5,000 agents and could not articulate
a deployment strategy for these additional agents.
In a March OIG 2019 report, the Inspector General
determined that Border Patrol has not prioritized the
development of a workload staffing model and without such a
model, Border Patrol's current workforce may not be deployed in
the most efficient or economical way. Further, the report also
found that officials did not consistently schedule agents' work
duties, document hours worked, or update work duties completed.
As a result, data systems have incomplete information and show
a disparity between hours scheduled and the amount of time
agents are paid for, which hinders CBP's ability to determine
if it is fulfilling all mission requirements.
H.R. 1639 seeks to help CBP resolve the deficiencies
identified in the March 2019 DHS OIG report by directing CBP to
develop a workload staffing model for Border Patrol (USBP) as
well as Air and Marine Operations. These staffing models will
help USBP and AMO evaluate operational needs and determine
where and how many additional agents would get them to optimal
staffing levels. Since the Safe Port Act of 2006, CBP's Office
of Field Operations (OFO) has utilized a workload staffing
model that incorporates a variety of data points to calculate
the optimal staffing level at each CBP port of entry. The
success of this model has demonstrated the utility of such
analysis in the CBP environment. Furthermore, the establishment
of standard operating procedures to track activities by the CBP
workforce will ensure that all three subcomponents are using
staff efficiently. The bill would add both the workload
staffing model requirement and the workforce tracking system
requirement to the duties of the Commissioner to ensure these
will be priorities to CBP moving forward. The Committee does
not intend for this bill to change or modify OFO's current
staffing model and standard operating procedures for tracking
officer hours.
Hearings
The Committee did not hold any legislative hearings on H.R.
1639 in the 116th Congress. However, this legislation was
informed by an Oversight, Management, and Accountability
Subcommittee hearing on March 7, 2019 entitled, ``CBP Workforce
Challenges: Exploring Solutions to Address Recruitment and
Retention.'' Testimony was heard from Mr. Benjamine ``Carry''
Huffman, Acting Executive Assistant Commissioner, Enterprise
Services, U.S. Customs and Border Protection; Ms. Rebecca
Gambler, Director, Homeland Security and Justice Team, U.S.
Government Accountability Office; and Mr. Anthony M. Reardon,
President, The National Treasury Employees Union.
Committee Consideration
The Committee met on March 13, 2019, with a quorum being
present, to consider H.R. 1639 and ordered the measure to be
reported to the House with a favorable recommendation, without
amendment, by unanimous consent.
The following amendments were offered:
An en bloc amendment offered by Ms. Torres Small (#1); was
AGREED TO by unanimous consent.
Consisting of the following amendment:
Add at the end the following:
(d) Inspector General Review.--Not later than 120 days after
the Commissioner of U.S. Customs and Border Protection develops
a workload staffing model pursuant to subsection (a), the
Inspector General of the Department of Homeland Security shall
review such model and provide feedback to the Secretary of
Homeland Security and the Committee on Homeland Security of the
House of Representatives and the Committee on Homeland Security
and Governmental Affairs of the Senate regarding the degree to
which such model is responsive to Inspector General
recommendations, including recommendations from the Inspector
General's February 2019 audit, and as appropriate, any further
recommendations to improve such model.
An en bloc amendment offered by Ms. Jackson Lee (#399); was
AGREED TO by unanimous consent.
Consisting of the following amendment:
Page 3, line 25, after ``models.'' Insert ``Such status updates
shall include information on data sources and methodology used
to generate such staffing models.''
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. 1639.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee advises that the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
Congressional Budget Office Estimate, New Budget Authority, Entitlement
Authority, and Tax Expenditures
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause 3(c)(3) of rule XIII of the Rules of
the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has requested
but not received a cost estimate for this bill from the
Director of the Congressional Budget Office.
The Committee has requested but not received from the
Director of the Congressional Budget Office a statement as to
whether this bill contains any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
Federal Mandates Statement
An estimate of Federal mandates prepared by the Director of
the Congressional Budget Office pursuant to section 423 of the
Unfunded Mandates Reform Act was not made available to the
Committee in time for the filing of this report. The Chairman
of the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee.
Duplicative Federal Programs
Pursuant to clause 3(c) of rule XIII, the Committee finds
that H.R. 1639 does not contain any provision that establishes
or reauthorizes a program known to be duplicative of another
Federal program.
Performance Goals and Objectives
The Committee states that pursuant to clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, H.R.
1639 would require the U.S. Customs and Border Protection to
identify staffing needs through the use of workload staffing
models for all three of its subcomponents--Office of Field
Operations, U.S. Border Patrol, and Air and Marine Operations.
Advisory on Earmarks
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(d), 9(e), or 9(f) of the rule
XXI.
Section-by-Section Analysis of the Legislation
Section 1. Short title
This section provides that this bill may be cited as the
``CBP Workload Staffing Model Act''.
Sec. 2. Establishment of workload staffing models for U.S. Border
Patrol and Air and Marine Operations of CBP
This section requires the Commissioner of U.S. Customs and
Border Protection to, in coordination with the Department of
Homeland Security's Under Secretary for Management, Chief Human
Capital Officer, and Chief Financial Officer, develop and
implement workload staffing models for the U.S. Border Patrol
(USBP) and Air and Marine Operations (AMO). The Committee
believes the use of these models will make staffing needs for
USBP and AMO subcomponents data analysis driven and
transparent. It will also put these two subcomponents on equal
footing with the Office of Field Operations which already
completes a workload staffing model on a recurring basis.
This section also includes the criteria that should be
considered in such workload staffing models, and requires the
development of standard operating procedures to track the
workforce of the three subcomponents.
This section further requires the Secretary of Homeland
Security to report to the House Committee on Homeland Security
and the Senate Committee on Homeland Security and Governmental
Affairs on progress made toward implementing these workload
staffing models as well as providing the models within a year
of enactment and annually thereafter.
The Committee considers this analysis of staffing needs an
important component of border security and fulfilling CBP's
multi-faceted mission along the U.S. borders.
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, and existing law in which no
change is proposed is shown in roman):
HOMELAND SECURITY ACT OF 2002
* * * * * * *
TITLE IV--BORDER, MARITIME, AND TRANSPORTATION SECURITY
* * * * * * *
Subtitle B--U.S. Customs and Border Protection
SEC. 411. ESTABLISHMENT OF U.S. 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 U.S. Customs and Border Protection.
(b) Commissioner of U.S. Customs and Border Protection.--
(1) In general.--There shall be at the head of U.S.
Customs and Border Protection a Commissioner of U.S.
Customs and Border Protection (in this section referred
to as the ``Commissioner'').
(2) Committee referral.--As an exercise of the
rulemaking power of the Senate, any nomination for the
Commissioner submitted to the Senate for confirmation,
and referred to a committee, shall be referred to the
Committee on Finance.
(c) Duties.--The Commissioner shall--
(1) coordinate and integrate the security, trade
facilitation, and trade enforcement functions of U.S.
Customs and Border Protection;
(2) ensure the interdiction of persons and goods
illegally entering or exiting the United States;
(3) facilitate and expedite the flow of legitimate
travelers and trade;
(4) direct and administer the commercial operations
of U.S. Customs and Border Protection, and the
enforcement of the customs and trade laws of the United
States;
(5) detect, respond to, and interdict terrorists,
drug smugglers and traffickers, human smugglers and
traffickers, and other persons who may undermine the
security of the United States, in cases in which such
persons are entering, or have recently entered, the
United States;
(6) safeguard the borders of the United States to
protect against the entry of dangerous goods;
(7) ensure the overall economic security of the
United States is not diminished by efforts, activities,
and programs aimed at securing the homeland;
(8) in coordination with U.S. Immigration and Customs
Enforcement and United States Citizenship and
Immigration Services, 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)), including--
(A) the inspection, processing, and admission
of persons who seek to enter or depart the
United States; and
(B) the detection, interdiction, removal,
departure from the United States, short-term
detention, and transfer of persons unlawfully
entering, or who have recently unlawfully
entered, the United States;
(9) 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;
(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) enforce and administer the laws relating to
agricultural import and entry inspection referred to in
section 421;
(12) in coordination with the Under Secretary for
Management of the Department, ensure U.S. Customs and
Border Protection complies with Federal law, the
Federal Acquisition Regulation, and the Department's
acquisition management directives for major acquisition
programs of U.S. Customs and Border Protection;
(13) ensure that the policies and regulations of U.S.
Customs and Border Protection are consistent with the
obligations of the United States pursuant to
international agreements;
(14) 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); and
(B) the Customs-Trade Partnership Against
Terrorism program under subtitle B of title II
of such Act (6 U.S.C. 961 et seq.);
(15) conduct polygraph examinations in accordance
with section 3(1) of the Anti-Border Corruption Act of
2010 (Public Law 111-376; 124 Stat. 4105);
(16) establish the standard operating procedures
described in subsection (k);
(17) carry out the training required under subsection
(l);
(18) implement a staffing model that includes
consideration for essential frontline operator
activities and functions, variations in operating
environments, present and planned infrastructure,
present and planned technology, and required operations
support levels for the U.S. Border Patrol, Air and
Marine Operations, and the Office of Field Operations,
to manage and assign personnel of such entities to
ensure field and support posts possess adequate
resources to carry out duties specified in this
section;
(19) develop standard operating procedures for a
workforce tracking system within the U.S. Border
Patrol, Air and Marine Operations, and the Office of
Field Operations, train the workforce of each of such
entities on the use, capabilities, and purpose of such
system, and implement internal controls to ensure
timely and accurate scheduling and reporting of actual
completed work hours and activities;
[(18)] (20) carry out section 418, relating to the
issuance of Asia-Pacific Economic Cooperation Business
Travel Cards; and
[(19)] (21) carry out other duties and powers
prescribed by law or delegated by the Secretary.
(d) Deputy Commissioner.--There shall be in U.S. Customs and
Border Protection a Deputy Commissioner who shall assist the
Commissioner in the management of U.S. Customs and Border
Protection.
(e) U.S. Border Patrol.--
(1) In general.--There is established in U.S. Customs
and Border Protection the U.S. Border Patrol.
(2) Chief.--There shall be at the head of the U.S.
Border Patrol a Chief, who shall--
(A) be at the level of Executive Assistant
Commissioner within U.S. Customs and Border
Protection; and
(B) report to the Commissioner.
(3) Duties.--The U.S. Border Patrol shall--
(A) serve as the law enforcement office of
U.S. Customs and Border Protection with primary
responsibility for interdicting persons
attempting to illegally enter or exit the
United States or goods being illegally imported
into or exported from the United States at a
place other than a designated port of entry;
(B) deter and prevent the illegal entry of
terrorists, terrorist weapons, persons, and
contraband; and
(C) carry out other duties and powers
prescribed by the Commissioner.
(f) Air and Marine Operations.--
(1) In general.--There is established in U.S. Customs
and Border Protection an office known as Air and Marine
Operations.
(2) Executive assistant commissioner.--There shall be
at the head of Air and Marine Operations an Executive
Assistant Commissioner, who shall report to the
Commissioner.
(3) Duties.--Air and Marine Operations shall--
(A) serve as the law enforcement office
within U.S. 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) conduct joint aviation and marine
operations with U.S. Immigration and Customs
Enforcement;
(C) conduct aviation and marine operations
with international, Federal, State, and local
law enforcement agencies, as appropriate;
(D) administer the Air and Marine Operations
Center established under paragraph (4); and
(E) carry out other duties and powers
prescribed by the Commissioner.
(4) Air and marine operations center.--
(A) In general.--There is established in Air
and Marine Operations an Air and Marine
Operations Center.
(B) Executive director.--There shall be at
the head of the Air and Marine Operations
Center an Executive Director, who shall report
to the Executive Assistant Commissioner of Air
and Marine Operations.
(C) Duties.--The Air and Marine Operations
Center shall--
(i) manage the air and maritime
domain awareness of the Department, as
directed by the Secretary;
(ii) monitor and coordinate the
airspace for unmanned aerial systems
operations of Air and Marine Operations
in U.S. Customs and Border Protection;
(iii) detect, identify, and
coordinate a response to threats to
national security in the air domain, in
coordination with other appropriate
agencies, as determined by the
Executive Assistant Commissioner;
(iv) provide aviation and marine
support to other Federal, State,
tribal, and local agencies; and
(v) carry out other duties and powers
prescribed by the Executive Assistant
Commissioner.
(g) Office of Field Operations.--
(1) In general.--There is established in U.S. Customs
and Border Protection an Office of Field Operations.
(2) Executive assistant commissioner.--There shall be
at the head of the Office of Field Operations an
Executive Assistant Commissioner, who shall report to
the Commissioner.
(3) Duties.--The Office of Field Operations shall
coordinate the enforcement activities of U.S. 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);
(F) coordinate with the Executive Assistant
Commissioner for the Office of Trade with
respect to the trade facilitation and trade
enforcement activities of U.S. Customs and
Border Protection; and
(G) 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
Executive 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 U.S.
Customs and Border Protection to
collect and analyze traveler and cargo
information in advance of arrival in
the United States to identify and
address security risks and strengthen
trade enforcement;
(ii) identify, review, and target
travelers and cargo for examination;
(iii) coordinate the examination of
entry and exit of travelers and cargo;
(iv) develop and conduct commercial
risk assessment targeting with respect
to cargo destined for the United
States;
(v) coordinate with the
Transportation Security Administration,
as appropriate;
(vi) issue Trade Alerts pursuant to
section 111(b) of the Trade
Facilitation and Trade Enforcement Act
of 2015; and
(vii) carry out other duties and
powers prescribed by the Executive
Assistant Commissioner.
(5) Annual report on staffing.--
(A) In general.--Not later than 30 days after
the date of the enactment of the Trade
Facilitation and Trade Enforcement Act of 2015,
and annually thereafter, the Executive
Assistant Commissioner 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
the staffing model for the Office of Field
Operations, including information on how many
supervisors, front-line U.S. Customs and Border
Protection officers, and support personnel are
assigned to each Field Office and port of
entry.
(B) Form.--The report required under
subparagraph (A) shall, to the greatest extent
practicable, be submitted in unclassified form,
but may be submitted in classified form, if the
Executive Assistant Commissioner determines
that such is appropriate and informs 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 of the
reasoning for such.
(h) Office of Intelligence.--
(1) In general.--There is established in U.S. Customs
and Border Protection an Office of Intelligence.
(2) Assistant commissioner.--There shall be at the
head of the Office of Intelligence an Assistant
Commissioner, who shall report to the Commissioner.
(3) Duties.--The Office of Intelligence shall--
(A) develop, provide, coordinate, and
implement intelligence capabilities into a
cohesive intelligence enterprise to support the
execution of the duties and responsibilities of
U.S. Customs and Border Protection;
(B) manage the counterintelligence operations
of U.S. Customs and Border Protection;
(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;
(D) conduct risk-based covert testing of U.S.
Customs and Border Protection operations,
including for nuclear and radiological risks;
and
(E) carry out other duties and powers
prescribed by the Commissioner.
(i) Office of International Affairs.--
(1) In general.--There is established in U.S. 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 Policy of the
Department, shall--
(A) coordinate and support U.S. Customs and
Border Protection's foreign initiatives,
policies, programs, and activities;
(B) coordinate and support U.S. 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 U.S. Customs and Border Protection's
duties and responsibilities;
(D) provide necessary capacity building,
training, and assistance to foreign customs and
border control agencies to strengthen border,
global supply chain, and travel security, as
appropriate;
(E) coordinate mission support services to
sustain U.S. Customs and Border Protection's
global activities;
(F) coordinate with customs authorities of
foreign countries with respect to trade
facilitation and trade enforcement;
(G) coordinate U.S. Customs and Border
Protection's engagement in international
negotiations;
(H) advise the Commissioner with respect to
matters arising in the World Customs
Organization and other international
organizations as such matters relate to the
policies and procedures of U.S. Customs and
Border Protection;
(I) advise the Commissioner regarding
international agreements to which the United
States is a party as such agreements relate to
the policies and regulations of U.S. Customs
and Border Protection; and
(J) carry out other duties and powers
prescribed by the Commissioner.
(j) Office of Professional Responsibility.--
(1) In general.--There is established in U.S. Customs
and Border Protection an Office of Professional
Responsibility.
(2) Assistant commissioner.--There shall be at the
head of the Office of Professional Responsibility an
Assistant Commissioner, who shall report to the
Commissioner.
(3) Duties.--The Office of Professional
Responsibility shall--
(A) investigate criminal and administrative
matters and misconduct by officers, agents, and
other employees of U.S. Customs and Border
Protection;
(B) manage integrity-related programs and
policies of U.S. Customs and Border Protection;
(C) conduct research and analysis regarding
misconduct of officers, agents, and other
employees of U.S. Customs and Border
Protection; and
(D) 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
U.S. Customs and Border Protection personnel at
United States ports of entry;
(B) standard use of force procedures that
officers and agents of U.S. Customs and Border
Protection may employ in the execution of their
duties, including the use of deadly force;
(C) uniform, standardized, and publicly-
available procedures for processing and
investigating complaints against officers,
agents, and employees of U.S. 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 U.S. 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 Executive Assistant Commissioner
for Air and Marine Operations and in
coordination with the Office for 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; and
(iv) a process regarding the
protection and privacy of data and
images collected by U.S. 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 U.S.
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
U.S. 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.--The Commissioner may withhold the
notifications required under paragraphs (1)(C) and (2)
if the Commissioner determines, in the sole and
unreviewable discretion of the Commissioner, that such
notifications would impair national security, law
enforcement, or other operational interests.
(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, during each of the three calendar years
beginning in the calendar year that begins after the
date of the enactment of the Trade Facilitation and
Trade Enforcement Act of 2015, 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 Committee on
Homeland Security of the House of Representatives and
the Committee on Homeland Security and Governmental
Affairs of the Senate and shall include the following:
(A) A description of the activities of
officers and agents of U.S. 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 devices was
subjected to such searches and was transmitted
to another Federal agency, including whether
such transmissions resulted in a prosecution or
conviction.
(6) Requirements regarding other notifications.--The
standard use of force 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 U.S. Customs and Border
Protection personnel, the Commissioner to
notify the Committee on Homeland Security of
the House of Representatives and the Committee
on Homeland Security and Governmental Affairs
of the Senate; 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 Committee on Homeland
Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs
of the Senate an annual report, for each of the three
calendar years beginning in the calendar year that
begins after the date of the enactment of the Trade
Facilitation and Trade Enforcement Act of 2015, that
reviews whether the use of unmanned aerial systems is
being conducted in conformity with the standard
operating procedures required under subparagraph (E) of
paragraph (1). Such reports--
(A) shall be submitted with the annual budget
of the United States Government submitted by
the President under section 1105 of title 31,
United States Code;
(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 U.S. Customs and
Border Protection are 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.--The Commissioner shall require all officers
and agents of U.S. 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.
(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 at a United States port of entry or
between ports 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 U.S.
Border Patrol agent or an Office of Field
Operations officer 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) Short-term detention defined.--In this
subsection, the term ``short-term detention'' means
detention in a U.S. Customs and Border Protection
processing center for 72 hours or less, before
repatriation to a country of nationality or last
habitual residence.
(4) 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.
(5) Report on procurement process and standards.--Not
later than 180 days after the date of the enactment of
the Trade Facilitation and Trade Enforcement Act of
2015, the Comptroller General of the United States
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 procurement process and
standards of entities with which U.S. Customs and
Border Protection has contracts for the transportation
and detention of individuals apprehended by agents or
officers of U.S. 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 publicly 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 for travelers
entering the United States 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 U.S. Customs and Border Protection website;
(C) 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, for
each of the five calendar years beginning in
the calendar year that begins after the date of
the enactment of the Trade Facilitation and
Trade Enforcement Act of 2015, a report that
includes compilations of all such wait times
and a ranking of such United States airports by
wait times; and
(D) provide adequate staffing at the U.S.
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
U.S. Customs and Border Protection inspection area and
such individual's clearance by a U.S. Customs and
Border Protection officer.
(o) Other Authorities.--
(1) In general.--The Secretary may establish such
other offices or positions of Assistant Commissioners
(or other similar officers or officials) as the
Secretary determines necessary to carry out the
missions, duties, functions, and authorities of U.S.
Customs and Border Protection.
(2) Notification.--If the Secretary exercises the
authority provided under paragraph (1), the Secretary
shall notify 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 not later than 30 days before exercising
such authority.
(p) Reports to Congress.--The Commissioner shall, on and
after the date of the enactment of the Trade Facilitation and
Trade Enforcement Act of 2015, continue to 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 any report required, on the day before
such date of enactment, to be submitted under any provision of
law.
(q) Other Federal Agencies.--Nothing in this section may be
construed as affecting in any manner the authority, existing on
the day before the date of the enactment of the Trade
Facilitation and Trade Enforcement Act of 2015, of any other
Federal agency or component of the Department.
(r) Definitions.--In this section, the terms ``commercial
operations'', ``customs and trade laws of the United States'',
``trade enforcement'', and ``trade facilitation'' have the
meanings given such terms in section 2 of the Trade
Facilitation and Trade Enforcement Act of 2015.
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