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[House Report 115-774]
[From the U.S. Government Publishing Office]

115th Congress    }                                     {       Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                     {      115-774

======================================================================

 
         IMMIGRATION ADVISORY PROGRAM AUTHORIZATION ACT OF 2018

                                _______
                                

 June 21, 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. 5207]

    The Committee on Homeland Security, to whom was referred 
the bill (H.R. 5207) to amend the Homeland Security Act of 2002 
to establish the immigration advisory program, 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..............................................     3
Background and Need for Legislation..............................     3
Hearings.........................................................     3
Committee Consideration..........................................     3
Committee Votes..................................................     3
Committee Oversight Findings.....................................     3
New Budget Authority, Entitlement Authority, and Tax Expenditures     4
Congressional Budget Office Estimate.............................     4
Statement of General Performance Goals and Objectives............     4
Duplicative Federal Programs.....................................     4
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     4
Federal Mandates Statement.......................................     4
Preemption Clarification.........................................     4
Disclosure of Directed Rule Makings..............................     5
Advisory Committee Statement.....................................     5
Applicability to Legislative Branch..............................     5
Section-by-Section Analysis of the Legislation...................     5
Changes in Existing Law Made by the Bill, as Reported............     6

    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 ``Immigration Advisory Program 
Authorization Act of 2018'' or the ``IAP Authorization Act of 2018''.

SEC. 2. AUTHORIZATION OF THE IMMIGRATION ADVISORY PROGRAM.

  (a) In General.--Subtitle B of title IV of the Homeland Security Act 
of 2002 (6 U.S.C. 211 et seq.) is amended by adding at the end the 
following new section:

``SEC. 420. IMMIGRATION ADVISORY PROGRAM.

  ``(a) In General.--There is authorized within U.S. Customs and Border 
Protection an immigration advisory program (in this section referred to 
as the `program') for U.S. Customs and Border Protection officers, 
pursuant to an agreement with a host country, to assist air carriers 
and security employees at foreign airports with review of traveler 
information during the processing of flights bound for the United 
States.
  ``(b) Activities.--In carrying out the program, U.S. Customs and 
Border Protection officers may--
          ``(1) be present during processing of flights bound for the 
        United States;
          ``(2) assist air carriers and security employees with 
        document examination and traveler security assessments;
          ``(3) provide relevant training to air carriers, security 
        employees, and host-country authorities;
          ``(4) analyze electronic passenger information and passenger 
        reservation data to identify potential threats;
          ``(5) engage air carriers and travelers to confirm potential 
        terrorist watchlist matches;
          ``(6) make recommendations to air carriers to deny 
        potentially inadmissable passengers boarding flights bound for 
        the United States; and
          ``(7) conduct other activities to secure flights bound for 
        the United States, as directed by the Commissioner of U.S. 
        Customs and Border Protection.
  ``(c) Notification to Congress.--Not later than 60 days before an 
agreement with the government of a host country pursuant to the program 
described in this section enters into force, the Commissioner of U.S. 
Customs and Border Protection shall provide the Committee on Homeland 
Security of the House of Representatives and the Committee on Homeland 
Security and Governmental Affairs of the Senate with--
          ``(1) a copy of such agreement, which shall include--
                  ``(A) the identification of the host country with 
                which U.S. Customs and Border Protection intends to 
                enter into such agreement;
                  ``(B) the location at which activities described in 
                subsection (b) will be conducted pursuant to such 
                agreement; and
                  ``(C) the terms and conditions for U.S. Customs and 
                Border Protection personnel operating at such location;
          ``(2) country-specific information on the anticipated 
        homeland security benefits associated with such agreement;
          ``(3) an assessment of the impacts such agreement will have 
        on U.S. Customs and Border Protection domestic port of entry 
        staffing;
          ``(4) information on the anticipated costs over the five 
        fiscal years after such agreement enters into force associated 
        with carrying out such agreement;
          ``(5) details on information sharing mechanisms to ensure 
        that U.S. Customs and Border Protection has current information 
        to prevent terrorist and criminal travel; and
          ``(6) other factors that the Commissioner determines 
        necessary for Congress to comprehensively assess the 
        appropriateness of carrying out the program.
  ``(d) Amendment of Existing Agreements.--Not later than 30 days 
before a substantially amended program agreement with the government of 
a host country in effect as of the date of the enactment of this 
section enters into force, the Commissioner of U.S. Customs and Border 
Protection shall provide to the Committee on Homeland Security of the 
House of Representatives and the Committee on Homeland Security and 
Governmental Affairs of the Senate--
          ``(1) a copy of such agreement, as amended; and
          ``(2) the justification for such amendment.
  ``(e) Definitions.--In this section, the terms `air carrier' and 
`foreign air carrier' have the meanings given such terms in section 
40102 of title 49, United States Code.''.
  (b) Conforming Amendment.--Subsection (c) of section 411 of the 
Homeland Security Act of 2002 (6 U.S.C. 211) is amended--
          (1) in paragraph (18), by striking ``and'' after the 
        semicolon at the end;
          (2) by redesignating paragraph (19) as paragraph (20); and
          (3) by inserting after paragraph (18) the following new 
        paragraph:
          ``(19) carry out section 419, relating to the immigration 
        advisory program; and''.
  (c) Clerical Amendment.--The table of contents in section 1(b) of the 
Homeland Security Act of 2002 is amended by inserting after the item 
relating to section 419 the following new item:

``Sec. 420. Immigration advisory program.''.

                          Purpose and Summary

    H.R. 5207, authorizes the Immigration Advisory Program 
(IAP) within U.S. Customs and Border Protection (CBP). The IAP 
sends CBP Officers to last point of departure airports to 
assist air carriers and security employees to prevent security 
risks from boarding aircraft.

                  Background and Need for Legislation

    The IAP is part of CBP's multi-layered security strategy to 
push out our borders by partnering with allied foreign 
governments across the world. The IAP program deploys CBP 
Officers to major last point of departure airports with the 
goal of recommending that airlines do not board foreign 
nationals that will be deemed inadmissible upon arrival to the 
United States.
    This important national security program is not currently 
authorized by statute, though it is vital to enhancing security 
at last points of departure to the United States, especially to 
those with significant Terrorist Screening Database (TSDB) 
hits.

                                Hearings

    No hearings were held on H.R. 5207 in the 115th Congress.

                        Committee Consideration

    The Committee met on June 6, 2018, to consider H.R. 5207, 
and ordered the measure to be reported to the House with a 
favorable recommendation, as amended, by unanimous consent. The 
Committee took the following actions:
    The following amendment was offered:
 An amendment offered by Mr. Thompson of Mississippi (#1); was 
AGREED TO by unanimous consent.
     Page 3, beginning line 10, insert the following (and make 
necessary conforming changes):
     A new paragraph entitled ``(c) Notification to Congress.''
     A new paragraph entitled ``(d) Amendment of Existing Agreements.''

                            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.5207.

                      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. 
5207, the Immigration Advisory Program Authorization Act of 
2018, 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 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. 5207 contains the following 
general performance goals and objectives, including outcome 
related goals and objectives authorized.
    The general performance goal or objective of H.R. 5207 is 
to codify the Immigration Advisory Program (IAP) within U.S. 
Customs and Border Protection (CBP).

                      Duplicative Federal Programs

    Pursuant to clause 3(c) of Rule XIII, the Committee finds 
that H.R. 4911 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. 5207 does 
not preempt any State, local, or Tribal law.

                  Disclosure of Directed Rule Makings

    The Committee estimates that H.R. 5207 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 
``Immigration Advisory Program Authorization Act of 2018'' or 
the ``IAP Authorization Act of 2018''.

Sec. 2.   Authorization of the Immigration Advisory Program.

    This section authorizes the Immigration Advisory Program 
(IAP) within the U.S. Customs and Border Protection (CBP). The 
IAP sends CBP Officers to assist air carriers and security 
employees at foreign airports, pursuant to an agreement with a 
host country to enhance security of the homeland. Under the 
IAP, these CBP Officers have authority to (1) be present during 
the processing of flights bound for the United States; (2) 
assist air carriers and security employees with document 
examination and traveler security assessments; (3) provide 
training to air carrier and host-country authority staff; (4) 
analyze electronic passenger information and passenger 
reservation data to identify potential threats; (5) engage air 
carriers and travelers to confirm potential terrorist watchlist 
matches; (6) make recommendations to air carriers to deny 
potentially inadmissible passengers boarding flights bound for 
the United States; and (7) conduct other activities to secure 
flights bound for the United States, as directed by the CBP 
Commissioner.
    IAP operations provide a significant homeland security 
benefit, especially after the terror attacks of September 11, 
2001. The Committee continues to support Federal efforts to 
``push our borders out'' to detect and deter threats before 
they reach our shores.
    This section also requires that CBP notify and provide a 
justification to Congress for each new IAP location before an 
agreement with the host country is formally made or 
significantly amended. The Committee views this as an 
additional layer of transparency and expects the notification 
to provide detailed analysis as to the Department's decision 
making process.

         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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Homeland 
Security Act of 2002''.
  (b) Table of Contents.--The table of contents for this Act is 
as follows:

Sec. 1. Short title; table of contents.
     * * * * * * *

         TITLE IV--BORDER, MARITIME, AND TRANSPORTATION SECURITY

     * * * * * * *

             Subtitle B--U.S. Customs and Border Protection

     * * * * * * *
Sec. 420. Immigration advisory program.
     * * * * * * *

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) carry out section 418, relating to the issuance 
        of Asia-Pacific Economic Cooperation Business Travel 
        Cards; [and]
          (19) carry out section 420, relating to the 
        immigration advisory program; and
          [(19)] (20) 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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SEC. 420. IMMIGRATION ADVISORY PROGRAM.

  (a) In General.--There is authorized within U.S. Customs and 
Border Protection an immigration advisory program (in this 
section referred to as the ``program'') for U.S. Customs and 
Border Protection officers, pursuant to an agreement with a 
host country, to assist air carriers and security employees at 
foreign airports with review of traveler information during the 
processing of flights bound for the United States.
  (b) Activities.--In carrying out the program, U.S. Customs 
and Border Protection officers may--
          (1) be present during processing of flights bound for 
        the United States;
          (2) assist air carriers and security employees with 
        document examination and traveler security assessments;
          (3) provide relevant training to air carriers, 
        security employees, and host-country authorities;
          (4) analyze electronic passenger information and 
        passenger reservation data to identify potential 
        threats;
          (5) engage air carriers and travelers to confirm 
        potential terrorist watchlist matches;
          (6) make recommendations to air carriers to deny 
        potentially inadmissable passengers boarding flights 
        bound for the United States; and
          (7) conduct other activities to secure flights bound 
        for the United States, as directed by the Commissioner 
        of U.S. Customs and Border Protection.
  (c) Notification to Congress.--Not later than 60 days before 
an agreement with the government of a host country pursuant to 
the program described in this section enters into force, the 
Commissioner of U.S. Customs and Border Protection shall 
provide the Committee on Homeland Security of the House of 
Representatives and the Committee on Homeland Security and 
Governmental Affairs of the Senate with--
          (1) a copy of such agreement, which shall include--
                  (A) the identification of the host country 
                with which U.S. Customs and Border Protection 
                intends to enter into such agreement;
                  (B) the location at which activities 
                described in subsection (b) will be conducted 
                pursuant to such agreement; and
                  (C) the terms and conditions for U.S. Customs 
                and Border Protection personnel operating at 
                such location;
          (2) country-specific information on the anticipated 
        homeland security benefits associated with such 
        agreement;
          (3) an assessment of the impacts such agreement will 
        have on U.S. Customs and Border Protection domestic 
        port of entry staffing;
          (4) information on the anticipated costs over the 
        five fiscal years after such agreement enters into 
        force associated with carrying out such agreement;
          (5) details on information sharing mechanisms to 
        ensure that U.S. Customs and Border Protection has 
        current information to prevent terrorist and criminal 
        travel; and
          (6) other factors that the Commissioner determines 
        necessary for Congress to comprehensively assess the 
        appropriateness of carrying out the program.
  (d) Amendment of Existing Agreements.--Not later than 30 days 
before a substantially amended program agreement with the 
government of a host country in effect as of the date of the 
enactment of this section enters into force, the Commissioner 
of U.S. Customs and Border Protection shall provide to the 
Committee on Homeland Security of the House of Representatives 
and the Committee on Homeland Security and Governmental Affairs 
of the Senate--
          (1) a copy of such agreement, as amended; and
          (2) the justification for such amendment.
  (e) Definitions.--In this section, the terms ``air carrier'' 
and ``foreign air carrier'' have the meanings given such terms 
in section 40102 of title 49, United States Code.

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