79–006 

115TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 115–492 

COUNTER TERRORIST NETWORK ACT 

JANUARY 9, 2018.—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. 4578] 

The Committee on Homeland Security, to whom was referred the 

bill (H.R. 4578) to authorize certain counter terrorist networks activities of U.S. Customs and Border Protection, and for other purposes, having considered the same, report favorably thereon without amendment and recommend that the bill do pass. 

CONTENTS 

Page 

Purpose and Summary ............................................................................................ 1 

Background and Need for Legislation .................................................................... 2 

Hearings ................................................................................................................... 2 

Committee Consideration ........................................................................................ 2 

Committee Votes ...................................................................................................... 2 

Committee Oversight Findings ............................................................................... 2 

New Budget Authority, Entitlement Authority, and Tax Expenditures ............. 2 

Congressional Budget Office Estimate ................................................................... 2 

Statement of General Performance Goals and Objectives .................................... 3 

Duplicative Federal Programs ................................................................................ 3 

Congressional Earmarks, Limited Tax Benefits, and Limited Tariff Benefits ... 3 

Federal Mandates Statement ................................................................................. 3 

Preemption Clarification ......................................................................................... 3 

Disclosure of Directed Rule Makings ..................................................................... 3 

Advisory Committee Statement .............................................................................. 3 

Applicability to Legislative Branch ........................................................................ 4 

Section-by-Section Analysis of the Legislation ...................................................... 4 

Changes in Existing Law Made by the Bill, as Reported ..................................... 4 

PURPOSE AND SUMMARY

The U.S. Customs and Border Protection (CBP) is charged with 

the important mission to secure the Nation’s borders and ports of 

entry against a range of threats including those posed by 


SSpencer on DSKBBXCHB2PROD with REPORTS
2 

transnational criminal organizations, smugglers and human traffickers, and terrorist networks. Through the use of various screening techniques, CBP is capable of ensuring foreign travelers bound 

for the United States are appropriately vetted prior to arrival. The 

purpose of this bill is to ensure CBP has the authority necessary 

to prevent terrorists from exploiting legitimate avenues of traveling 

to and entering the United States. 

BACKGROUND AND NEED FOR LEGISLATION

Transnational criminal organizations and foreign terrorism networks pose significant threats to our national security. CBP, due 

to its border security mission, is uniquely situated to combat 

threats that begin far from our shores. However, despite the significant work performed by CBP in this area, has no explicit statutory authorization to combat these threats, or detail CBP personnel 

to other U.S agencies both domestically and internationally to support the work to ‘‘push our borders out.’’ This bill seeks to provide 

such explicit authorization. 

HEARINGS

No hearings were held on H.R. 4578 in the 115th Congress. 

COMMITTEE CONSIDERATION

The Committee met on December 13, 2017, to consider 

H.R. 4578, and ordered the measure to be reported to the House 

with a favorable recommendation, without amendment, by unanimous consent. 

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. 4578. 

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. 4578, 

the Counter Terrorist Network Act, would result in no new or increased budget authority, entitlement authority, or tax expenditures or revenues. 

CONGRESSIONAL BUDGET OFFICE ESTIMATE

Pursuant to clause 3(c)(3) of Rule XIII of the Rules of the House 

of Representatives, a cost estimate provided by the Congressional 

Budget Office pursuant to section 402 of the Congressional Budget 


SSpencer on DSKBBXCHB2PROD with REPORTS
3 

Act of 1974 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. 

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. 4578 contains the following general performance goals and objectives, including outcome related goals and 

objectives authorized. 

The general performance goals and objectives of H.R. 4578 are to 

enhance border security operations that disrupt and dismantle 

transnational criminal and foreign terrorist networks that threaten 

the security of the homeland. 

DUPLICATIVE FEDERAL PROGRAMS

Pursuant to clause 3(c) of Rule XIII, the Committee finds that 

H.R. 4578 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

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. 

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. 4578 does not preempt any State, 

local, or Tribal law. 

DISCLOSURE OF DIRECTED RULE MAKINGS

The Committee estimates that H.R. 4578 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. 


SSpencer on DSKBBXCHB2PROD with REPORTS
4 

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 ‘‘Counter 

Terrorist Network Act’’. 

Sec. 2. Duty to Counter Terrorist Networks; Details and Assignment. 

This section requires CBP to regularly collaborate with appropriate Federal, State, local, and Tribal entities to enhance border 

security operations to disrupt and dismantle transnational criminal 

and foreign terrorist networks. Additionally, this section authorizes 

the detail of CBP personnel to other international and domestic 

agencies to prevent the entry of terrorists into the United States. 

The Committee fully supports the ongoing work of CBP, including the overseas activities of personnel from CBP’s National Targeting Center, to disrupt and dismantle transnational criminal and 

foreign terrorist networks and strongly believes that mission 

should be fully authorized within the existing authorization of the 

agency. More broadly, the Committee has long supported the detail 

of CBP personnel both domestically and internationally that support its efforts to secure the homeland as far away from our shores 

as possible. 

Sec. 3. Briefings. 

This section requires the Commissioner of CBP to brief the relevant Congressional committees on its efforts to disrupt and dismantle transnational criminal and foreign terrorist networks pursuant to the authorization provided in this bill every 6 months. 

The Committee inserted this congressional briefing requirement 

in lieu of requiring CBP to undertake the time consuming process 

of producing a written report, but fully expects that the briefings 

required by this section be a substantive description of the ongoing 

efforts to defeat threats posed by transnational criminal and foreign terrorists groups. These briefings shall be provided at the appropriate level of classification. 

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): 


SSpencer on DSKBBXCHB2PROD with REPORTS
5 

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 


SSpencer on DSKBBXCHB2PROD with REPORTS
6 

(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) carry out section 418, relating to the issuance of AsiaPacific Economic Cooperation Business Travel Cards; and 

(19) 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— 


SSpencer on DSKBBXCHB2PROD with REPORTS
7 

(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. 


SSpencer on DSKBBXCHB2PROD with REPORTS
8 

(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; øand¿ 

(vii) collaborate with appropriate agencies, including 

Federal, State, local, tribal, and international entities, 

to enhance border security through operations such as 


SSpencer on DSKBBXCHB2PROD with REPORTS
9 

operations that seek to disrupt and dismantle networks, including foreign terrorist organizations (as 

such term is described in section 219 of the Immigration and Nationality Act (8 U.S.C. 1189)), that pose 

terrorist or other threats; and 

ø(vii)¿ (viii) 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, intelligencesharing 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.— 


SSpencer on DSKBBXCHB2PROD with REPORTS
10 

(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 


SSpencer on DSKBBXCHB2PROD with REPORTS
11 

(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 


SSpencer on DSKBBXCHB2PROD with REPORTS
12 

(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. 


SSpencer on DSKBBXCHB2PROD with REPORTS
13 

(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 


SSpencer on DSKBBXCHB2PROD with REPORTS
14 

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. 


SSpencer on DSKBBXCHB2PROD with REPORTS
15 

(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) ASSIGNMENT OF PERSONNEL.—The Commissioner may detail 

or otherwise assign personnel of U.S. Customs and Border Protection to other appropriate agencies, including to serve overseas in 

support of global information sharing partnership operations in furtherance of enhancing border security, including by preventing entry 

into the United States by individuals known or suspected of being 

associated with a network, including a foreign terrorist organization 

(as such term is described in section 219 of the Immigration and 

Nationality Act (8 U.S.C. 1189)), that poses terrorist or other 

threats. 

ø(p)¿ (q) 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. 

ø(q)¿ (r) 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. 

ø(r)¿ (s) 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. 

* * * * * * * 

Æ 


SSpencer on DSKBBXCHB2PROD with REPORTS