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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3846 Engrossed in House (EH)]

113th CONGRESS
  2d Session
                                H. R. 3846

_______________________________________________________________________

                                 AN ACT

 
       To provide for the authorization of border, maritime, and 
     transportation security responsibilities and functions in the 
Department of Homeland Security and the establishment of United States 
         Customs and Border Protection, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``United States Customs and Border 
Protection Authorization Act''.

SEC. 2. ESTABLISHMENT OF UNITED STATES CUSTOMS AND BORDER PROTECTION.

    (a) In General.--Section 411 of the Homeland Security Act of 2002 
(6 U.S.C. 211) is amended to read as follows:

``SEC. 411. ESTABLISHMENT OF UNITED STATES CUSTOMS AND BORDER 
              PROTECTION; COMMISSIONER, DEPUTY COMMISSIONER, AND 
              OPERATIONAL OFFICES.

    ``(a) In General.--There is established in the Department an agency 
to be known as United States Customs and Border Protection.
    ``(b) Commissioner of United States Customs and Border 
Protection.--There shall be at the head of United States Customs and 
Border Protection a Commissioner of United States Customs and Border 
Protection (in this section referred to as the `Commissioner'), who 
shall be appointed by the President, by and with the advice and consent 
of the Senate.
    ``(c) Duties.--The Commissioner shall--
            ``(1) ensure the interdiction of persons and goods 
        illegally entering or exiting the United States;
            ``(2) facilitate and expedite the flow of legitimate 
        travelers and trade;
            ``(3) detect, respond to, and interdict terrorists, drug 
        smugglers and traffickers, human smugglers and traffickers, and 
        other persons who may undermine the security of the United 
        States, in cases in which such persons are entering, or have 
        recently entered, the United States;
            ``(4) safeguard the borders of the United States to protect 
        against the entry of dangerous goods;
            ``(5) oversee the functions of the Office of International 
        Trade established under section 402 of the Security and 
        Accountability for Every Port Act of 2006 (19 U.S.C. 2072; 
        Public Law 109-347);
            ``(6) enforce and administer all customs laws of the United 
        States, including the Tariff Act of 1930;
            ``(7) enforce and administer all immigration laws, as such 
        term is defined in paragraph (17) of section 101(a) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)), as 
        necessary for the inspection, processing, and admission of 
        persons who seek to enter or depart the United States, and as 
        necessary to ensure the detection, interdiction, removal, 
        departure from the United States, short-term detention, and 
        transfer of persons unlawfully entering, or who have recently 
        unlawfully entered, the United States, in coordination with 
        United States Immigration and Customs Enforcement and United 
        States Citizenship and Immigration Services;
            ``(8) develop and implement screening and targeting 
        capabilities, including the screening, reviewing, identifying, 
        and prioritizing of passengers and cargo across all 
        international modes of transportation, both inbound and 
        outbound;
            ``(9) enforce and administer the laws relating to 
        agricultural import and entry inspection referred to in section 
        421;
            ``(10) in coordination with the Secretary, deploy 
        technology to collect the data necessary for the Secretary to 
        administer the biometric entry and exit data system pursuant to 
        section 7208 of the Intelligence Reform and Terrorism 
        Prevention Act of 2004 (8 U.S.C. 1365b);
            ``(11) In coordination with the Under Secretary for 
        Management of the Department, ensure United States Customs and 
        Border Protection complies with Federal law, the Federal 
        Acquisition Regulation, and the Department's acquisition 
        management directives for major acquisition programs of United 
        States Customs and Border Protection;
            ``(12) enforce and administer--
                    ``(A) the Container Security Initiative program 
                under section 205 of the Security and Accountability 
                for Every Port Act of 2006 (6 U.S.C. 945; Public Law 
                109-347); and
                    ``(B) the Customs-Trade Partnership Against 
                Terrorism program under sections 211 through 223 of 
                such Act (6 U.S.C. 961-973);
            ``(13) establish the standard operating procedures 
        described in subsection (k);
            ``(14) carry out the training required under subsection 
        (l); and
            ``(15) carry out other duties and powers prescribed by law 
        or delegated by the Secretary.
    ``(d) Deputy Commissioner.--There shall be in United States Customs 
and Border Protection a Deputy Commissioner who shall assist the 
Commissioner in the management of United States Customs and Border 
Protection.
    ``(e) United States Border Patrol.--
            ``(1) In general.--There is established in United States 
        Customs and Border Protection the United States Border Patrol.
            ``(2) Chief.--There shall be at the head of the United 
        States Border Patrol a Chief, who shall be a uniformed law 
        enforcement officer chosen from the ranks of the United States 
        Border Patrol and who shall report to the Commissioner.
            ``(3) Duties.--The United States Border Patrol shall--
                    ``(A) serve as the law enforcement office of United 
                States Customs and Border Protection with primary 
                responsibility for interdicting persons attempting to 
                illegally enter or exit the United States or goods 
                being illegally imported to or exported from the United 
                States at a place other than a designated port of 
                entry;
                    ``(B) deter and prevent illegal entry of 
                terrorists, terrorist weapons, persons, and contraband; 
                and
                    ``(C) carry out other duties and powers prescribed 
                by the Commissioner.
    ``(f) Office of Air and Marine Operations.--
            ``(1) In general.--There is established in United States 
        Customs and Border Protection an Office of Air and Marine 
        Operations.
            ``(2) Assistant commissioner.--There shall be at the head 
        of the Office of Air and Marine Operations an Assistant 
        Commissioner, who shall report to the Commissioner.
            ``(3) Duties.--The Office of Air and Marine Operations 
        shall--
                    ``(A) serve as the law enforcement office within 
                United States Customs and Border Protection with 
                primary responsibility to detect, interdict, and 
                prevent acts of terrorism and the unlawful movement of 
                people, illicit drugs, and other contraband across the 
                borders of the United States in the air and maritime 
                environment;
                    ``(B) oversee the acquisition, maintenance, and 
                operational use of United States Customs and Border 
                Protection integrated air and marine forces;
                    ``(C) provide aviation and marine support for other 
                Federal, State, and local law enforcement agency needs, 
                as appropriate; and
                    ``(D) carry out other duties and powers prescribed 
                by the Commissioner.
    ``(g) Office of Field Operations.--
            ``(1) In general.--There is established in United States 
        Customs and Border Protection an Office of Field Operations.
            ``(2) Assistant commissioner.--There shall be at the head 
        of the Office of Field Operations an Assistant Commissioner, 
        who shall report to the Commissioner.
            ``(3) Duties.--The Office of Field Operations shall 
        coordinate the enforcement activities of United States Customs 
        and Border Protection at United States air, land, and sea ports 
        of entry to--
                    ``(A) deter and prevent terrorists and terrorist 
                weapons from entering the United States at such ports 
                of entry;
                    ``(B) conduct inspections at such ports of entry to 
                safeguard the United States from terrorism and illegal 
                entry of persons;
                    ``(C) prevent illicit drugs, agricultural pests, 
                and contraband from entering the United States;
                    ``(D) in coordination with the Commissioner, 
                facilitate and expedite the flow of legitimate 
                travelers and trade;
                    ``(E) administer the National Targeting Center 
                established under paragraph (4); and
                    ``(F) carry out other duties and powers prescribed 
                by the Commissioner.
            ``(4) National targeting center.--
                    ``(A) In general.--There is established in the 
                Office of Field Operations a National Targeting Center.
                    ``(B) Executive director.--There shall be at the 
                head of the National Targeting Center an Executive 
                Director, who shall report to the Assistant 
                Commissioner of the Office of Field Operations.
                    ``(C) Duties.--The National Targeting Center 
                shall--
                            ``(i) serve as the primary forum for 
                        targeting operations within United States 
                        Customs and Border Protection to collect and 
                        analyze traveler and cargo information in 
                        advance of arrival in the United States;
                            ``(ii) identify, review, and target 
                        travelers and cargo for examination;
                            ``(iii) coordinate the examination of entry 
                        and exit of travelers and cargo; and
                            ``(iv) carry out other duties and powers 
                        prescribed by the Assistant Commissioner.
            ``(5) Annual report on staffing.--Not later than 30 days 
        after the date of the enactment of this section and annually 
        thereafter, the Assistant Commissioner shall submit to the 
        appropriate congressional committees a report on the staffing 
        model for the Office of Field Operations, including information 
        on how many supervisors, front-line United States Customs and 
        Border Protection officers, and support personnel are assigned 
        to each Field Office and port of entry.
    ``(h) Office of Intelligence and Investigative Liaison.--
            ``(1) In general.--There is established in United States 
        Customs and Border Protection an Office of Intelligence and 
        Investigative Liaison.
            ``(2) Assistant commissioner.--There shall be at the head 
        of the Office of Intelligence and Investigative Liaison an 
        Assistant Commissioner, who shall report to the Commissioner.
            ``(3) Duties.--The Office of Intelligence and Investigative 
        Liaison shall--
                    ``(A) develop, provide, coordinate, and implement 
                intelligence capabilities into a cohesive intelligence 
                enterprise to support the execution of the United 
                States Customs and Border Protection duties and 
                responsibilities;
                    ``(B) collect and analyze advance traveler and 
                cargo information;
                    ``(C) establish, in coordination with the Chief 
                Intelligence Officer of the Department, as appropriate, 
                intelligence-sharing relationships with Federal, State, 
                local, and tribal agencies and intelligence agencies; 
                and
                    ``(D) carry out other duties and powers prescribed 
                by the Commissioner.
    ``(i) Office of International Affairs.--
            ``(1) In general.--There is established in United States 
        Customs and Border Protection an Office of International 
        Affairs.
            ``(2) Assistant commissioner.--There shall be at the head 
        of the Office of International Affairs an Assistant 
        Commissioner, who shall report to the Commissioner.
            ``(3) Duties.--The Office of International Affairs, in 
        collaboration with the Office of International Affairs of the 
        Department, shall--
                    ``(A) coordinate and support United States Customs 
                and Border Protection's foreign initiatives, policies, 
                programs, and activities;
                    ``(B) coordinate and support United States Customs 
                and Border Protection's personnel stationed abroad;
                    ``(C) maintain partnerships and information sharing 
                agreements and arrangements with foreign governments, 
                international organizations, and United States agencies 
                in support of United States Customs and Border 
                Protection duties and responsibilities;
                    ``(D) provide necessary capacity building, 
                training, and assistance to foreign border control 
                agencies to strengthen global supply chain and travel 
                security;
                    ``(E) coordinate mission support services to 
                sustain United States Customs and Border Protection's 
                global activities;
                    ``(F) coordinate, in collaboration with the Office 
                of Policy of the Department, as appropriate, United 
                States Customs and Border Protection's engagement in 
                international negotiations; and
                    ``(G) carry out other duties and powers prescribed 
                by the Commissioner.
    ``(j) Office of Internal Affairs.--
            ``(1) In general.--There is established in United States 
        Customs and Border Protection an Office of Internal Affairs.
            ``(2) Assistant commissioner.--There shall be at the head 
        of the Office of Internal Affairs an Assistant Commissioner, 
        who shall report to the Commissioner.
            ``(3) Duties.--The Office of Internal Affairs shall--
                    ``(A) investigate criminal and administrative 
                matters and misconduct by officers, agents, and other 
                employees of United States Customs and Border 
                Protection;
                    ``(B) perform investigations of United States 
                Customs and Border Protection applicants and periodic 
                reinvestigations (in accordance with section 3001 of 
                the Intelligence Reform and Terrorism Prevention Act of 
                2004 (50 U.S.C. 3341; Public Law 108-458)) of officers, 
                agents, and other employees of United States Custom and 
                Border Protection, including investigations to 
                determine suitability for employment and eligibility 
                for access to classified information;
                    ``(C) conduct polygraph examinations in accordance 
                with section 3(1) of the Anti-Border Corruption Act of 
                2010 (Public Law 111-376);
                    ``(D) perform inspections of United States Customs 
                and Border Protection programs, operations, and 
                offices;
                    ``(E) conduct risk-based covert testing of United 
                States Customs and Border Protection operations, 
                including for nuclear and radiological risks;
                    ``(F) manage integrity of United States Customs and 
                Border Protection counter-intelligence operations, 
                including conduct of counter-intelligence 
                investigations;
                    ``(G) conduct research and analysis regarding 
                misconduct of officers, agents, and other employees of 
                United States Customs and Border Protection; and
                    ``(H) carry out other duties and powers prescribed 
                by the Commissioner.
    ``(k) Standard Operating Procedures.--
            ``(1) In general.--The Commissioner shall establish--
                    ``(A) standard operating procedures for searching, 
                reviewing, retaining, and sharing information contained 
                in communication, electronic, or digital devices 
                encountered by United States Customs and Border 
                Protection personnel at United States ports of entry;
                    ``(B) standard use of force procedures officers and 
                agents of United States Customs and Border Protection 
                may employ in the execution of their duties, including 
                the use of deadly force and procedures for deescalating 
                confrontations, where possible;
                    ``(C) a uniform, standardized, and publically-
                available procedure for processing and investigating 
                complaints against officers, agents, and employees of 
                United States Customs and Border Protection for 
                violations of professional conduct, including the 
                timely disposition of complaints and a written 
                notification to the complainant of the status or 
                outcome, as appropriate, of the related investigation, 
                in accordance with section 552a of title 5, United 
                States Code (commonly referred to as the `Privacy Act' 
                or the `Privacy Act of 1974');
                    ``(D) an internal, uniform reporting mechanism 
                regarding incidents involving the use of deadly force 
                by an officer or agent of United States Customs and 
                Border Protection, including an evaluation of the 
                degree to which the procedures required under 
                subparagraph (B) were followed; and
                    ``(E) standard operating procedures, acting through 
                the Assistant Commissioner for Air and Marine 
                Operations and in coordination with the Office of Civil 
                Rights and Civil Liberties and the Office of Privacy of 
                the Department, to provide command, control, 
                communication, surveillance, and reconnaissance 
                assistance through the use of unmanned aerial systems, 
                including the establishment of--
                            ``(i) a process for other Federal, State, 
                        and local law enforcement agencies to submit 
                        mission requests;
                            ``(ii) a formal procedure to determine 
                        whether to approve or deny such a mission 
                        request;
                            ``(iii) a formal procedure to determine how 
                        such mission requests are prioritized and 
                        coordinated;
                            ``(iv) a process for establishing 
                        agreements with other Federal, State, and local 
                        law enforcement agencies regarding 
                        reimbursement for such mission costs; and
                            ``(v) a process regarding the protection 
                        and privacy of data and images collected by 
                        United States Customs and Border Protection 
                        through the use of unmanned aerial systems.
            ``(2) Requirements regarding certain notifications.--The 
        standard operating procedures established pursuant to 
        subparagraph (A) of paragraph (1) shall require--
                    ``(A) in the case of a search of information 
                conducted on an electronic device by United States 
                Customs and Border Protection personnel, the 
                Commissioner to notify the individual subject to such 
                search of the purpose and authority for such search, 
                and how such individual may obtain information on 
                reporting concerns about such search; and
                    ``(B) in the case of information collected by 
                United States Customs and Border Protection through a 
                search of an electronic device, if such information is 
                transmitted to another Federal agency for subject 
                matter assistance, translation, or decryption, the 
                Commissioner to notify the individual subject to such 
                search of such transmission.
            ``(3) Exceptions.--
                    ``(A) In general.--The Commissioner may withhold 
                the notifications required under paragraphs (1)(C) and 
                (2) if the Commissioner determines that such 
                notifications would impair national security, law 
                enforcement, or other operational interests.
                    ``(B) Terrorist watch lists.--
                            ``(i) Searches.--If the individual subject 
                        to search of an electronic device pursuant to 
                        subparagraph (A) of paragraph (1) is included 
                        on a Government-operated or Government-
                        maintained terrorist watch list, the 
                        notifications required under paragraph (2) 
                        shall not apply.
                            ``(ii) Complaints.--If the complainant 
                        using the process established under 
                        subparagraph (C) of paragraph (1) is included 
                        on a Government-operated or Government-
                        maintained terrorist watch list, the 
                        notification required under such subparagraph 
                        shall not apply.
            ``(4) Update and review.--The Commissioner shall review and 
        update every three years the standard operating procedures 
        required under this subsection.
            ``(5) Audits.--The Inspector General of the Department of 
        Homeland Security shall develop and annually administer an 
        auditing mechanism to review whether searches of electronic 
        devices at or between United States ports of entry are being 
        conducted in conformity with the standard operating procedures 
        required under subparagraph (A) of paragraph (1). Such audits 
        shall be submitted to the appropriate congressional committees 
        and shall include the following:
                    ``(A) A description of the activities of officers 
                and agents of United States Customs and Border 
                Protection with respect to such searches.
                    ``(B) The number of such searches.
                    ``(C) The number of instances in which information 
                contained in such devices that were subjected to such 
                searches was retained, copied, shared, or entered in an 
                electronic database.
                    ``(D) The number of such devices detained as the 
                result of such searches.
                    ``(E) The number of instances in which information 
                collected from such device was subjected to such 
                searches was transmitted to a another Federal agency, 
                including whether such transmission resulted in a 
                prosecution or conviction.
            ``(6) Requirements regarding other notifications.--The 
        standard operating procedures established pursuant to 
        subparagraph (B) of paragraph (1) shall require--
                    ``(A) in the case of an incident of the use of 
                deadly force by United States Customs and Border 
                Protection personnel, the Commissioner to notify the 
                appropriate congressional committees; and
                    ``(B) the Commissioner to provide to such 
                committees a copy of the evaluation pursuant to 
                subparagraph (D) of such paragraph not later than 30 
                days after completion of such evaluation.
            ``(6) Report on unmanned aerial systems.--The Commissioner 
        shall submit to the appropriate congressional committees an 
        annual report that reviews whether the use of unmanned aerial 
        systems are being conducted in conformity with the standard 
        operating procedures required under subparagraph (E) of 
        paragraph (1). Such reports--
                    ``(A) shall be submitted with the President's 
                annual budget;
                    ``(B) may be submitted in classified form if the 
                Commissioner determines that such is appropriate, and
                    ``(C) shall include--
                            ``(i) a detailed description of how, where, 
                        and for how long data and images collected 
                        through the use of unmanned aerial systems by 
                        United States Customs and Border Protection is 
                        collected and stored; and
                            ``(ii) a list of Federal, State, and local 
                        law enforcement agencies that submitted mission 
                        requests in the previous year and the 
                        disposition of such requests.
    ``(l) Training.--
            ``(1) In general.--The Commissioner shall require all 
        agents and officers of United States Customs and Border 
        Protection to participate in a specified amount of continuing 
        education (to be determined by the Commissioner) to maintain an 
        understanding of Federal legal rulings, court decisions, and 
        departmental policies, procedures, and guidelines.
            ``(2) Ensuring training.--Not later than 90 days after the 
        date of the enactment of this section, the Commissioner shall 
        develop a database system that identifies for each United 
        States Customs and Border Protection officer or agent, by port 
        of entry or station--
                    ``(A) for each training course, the average time 
                allocated during on-duty hours within which training 
                must be completed;
                    ``(B) for each training course offered, the 
                duration of training and the average amount of time an 
                officer must be absent from work to complete such 
                training course; and
                    ``(C) certification of each training course by a 
                supervising officer that the officer is able to carry 
                out the function for which the training was provided, 
                and if training has been postponed, the basis for 
                postponing such training.
            ``(3) Use of data.--The Commissioner shall use the 
        information developed under paragraph (2) to--
                    ``(A) develop training requirements for United 
                States Customs and Border Protection officers to ensure 
                that such officers have sufficient training to conduct 
                primary and secondary inspections at Untied States 
                ports of entry; and
                    ``(B) measure progress toward achieving the 
                training requirements referred to in subparagraph (A).
    ``(m) Short Term Detention Standards.--
            ``(1) Access to food and water.--The Commissioner shall 
        make every effort to ensure that adequate access to food and 
        water is provided to an individual apprehended and detained by 
        a United States Border Patrol agent between a United States 
        port of entry as soon as practicable following the time of such 
        apprehension or during subsequent short term detention.
            ``(2) Access to information on detainee rights at border 
        patrol processing centers.--
                    ``(A) In general.--The Commissioner shall ensure 
                that an individual apprehended by a United States 
                Border Patrol agent is provided with information 
                concerning such individual's rights, including the 
                right to contact a representative of such individual's 
                government for purposes of United States treaty 
                obligations.
                    ``(B) Form.--The information referred to in 
                subparagraph (A) may be provided either verbally or in 
                writing, and shall be posted in the detention holding 
                cell in which such individual is being held. The 
                information shall be provided in a language 
                understandable to such individual.
            ``(3) Daytime repatriation.--When practicable, 
        repatriations shall be limited to daylight hours and avoid 
        locations that are determined to have high indices of crime and 
        violence.
            ``(4) Short term detention defined.--In this subsection, 
        the term `short term detention' means detention in a United 
        States Border Patrol processing center for 72 hours or less, 
        before repatriation to a country of nationality or last 
        habitual residence.
            ``(5) Report on procurement process and standards.--Not 
        later than 180 days after the date of the enactment of this 
        section, the Comptroller General of the United States shall 
        submit to the appropriate congressional committees a report on 
        the procurement process and standards of entities with which 
        United States Customs and Border Protection has contracts for 
        the transportation and detention of individuals apprehended by 
        agents or officers of United States Customs and Border 
        Protection. Such report should also consider the operational 
        efficiency of contracting the transportation and detention of 
        such individuals.
            ``(6) Report on inspections of short-term custody 
        facilities.--The Commissioner shall--
                    ``(A) annually inspect all facilities utilized for 
                short term detention; and
                    ``(B) make publically available information 
                collected pursuant to such inspections, including 
                information regarding the requirements under paragraphs 
                (1) and (2) and, where appropriate, issue 
                recommendations to improve the conditions of such 
                facilities.
    ``(n) Wait Times Transparency.--
            ``(1) In general.--The Commissioner shall--
                    ``(A) publish live wait times at the 20 United 
                States airports that support the highest volume of 
                international travel (as determined by available 
                Federal flight data);
                    ``(B) make information about such wait times 
                available to the public in real time through the United 
                States Customs and Border Protection Web site;
                    ``(C) submit to the appropriate congressional 
                committees quarterly reports that include compilations 
                of all such wait times and a ranking of such United 
                States airports by wait times; and
                    ``(D) provide adequate staffing at the United 
                States Customs and Border Protection information center 
                to ensure timely access for travelers attempting to 
                submit comments or speak with a representative about 
                their entry experiences.
            ``(2) Calculation.--The wait times referred to in paragraph 
        (1)(A) shall be determined by calculating the time elapsed 
        between an individual's entry into the United States Customs 
        and Border Protection inspection area and such individual's 
        clearance by a United States Customs and Border Protection 
        officer.
    ``(o) Other Authorities.--
            ``(1) In general.--The Secretary may establish such other 
        offices or Assistant Commissioners (or other similar officers 
        or officials) as the Secretary determines necessary to carry 
        out the missions, duties, functions, and authorities of United 
        States Customs and Border Protection.
            ``(2) Notification.--If the Secretary exercises the 
        authority provided pursuant to paragraph (1), the Secretary 
        shall notify the appropriate congressional committees not later 
        than 30 days before exercising such authority.
    ``(p) Other Federal Agencies.--Nothing in this section may be 
construed as affecting in any manner the existing authority of any 
other Federal agency, including the Transportation Security 
Administration with respect to the duties of United States Customs and 
Border Protection described in subsection (c).''.
    (b) Special Rules.--
            (1) Treatment.--Section 411 of the Homeland Security Act of 
        2002, as amended by subsection (a) of this section, shall be 
        treated as if included in such Act as of the date of the 
        enactment of such Act, and, in addition to the functions, 
        missions, duties, and authorities specified in such amended 
        section 411, United States Customs and Border Protection shall 
        continue to perform and carry out the functions, missions, 
        duties, and authorities under section 411 of such Act as in 
        existence on the day before such date of enactment, and section 
        415 of such Act.
            (2) Rules of construction.--
                    (A) Rules and regulations.--Notwithstanding 
                paragraph (1), nothing in this Act may be construed as 
                affecting in any manner any rule or regulation issued 
                or promulgated pursuant to any provision of law, 
                including section 411 of the Homeland Security Act of 
                2002 as in existence on the day before the date of the 
                enactment of this Act, and any such rule or regulation 
                shall continue to have full force and effect on and 
                after such date.
                    (B) Other actions.--Notwithstanding paragraph (1), 
                nothing in this Act may be construed as affecting in 
                any manner any action, determination, policy, or 
                decision pursuant to section 411 of the Homeland 
                Security Act of 2002 as in existence on the day before 
                the date of the enactment of this Act, and any such 
                action, determination, policy, or decision shall 
                continue to have full force and effect on and after 
                such date.
    (c) Continuation in Office.--
            (1) Commissioner.--The individual serving as the 
        Commissioner of Customs on the day before the date of the 
        enactment of this Act may serve as the Commissioner of United 
        States Customs and Border Protection on and after such date of 
        enactment until a Commissioner of United States Customs and 
        Border Protection is appointed under section 411 of the 
        Homeland Security Act of 2002, as amended by subsection (a) of 
        this section.
            (2) Other positions.--The individuals serving as Assistant 
        Commissioners and other officers and officials under section 
        411 of the Homeland Security Act of 2002 on the day before the 
        date of the enactment of this Act may serve as the appropriate 
        Assistant Commissioners and other officers and officials under 
        such section 411 as amended by subsection (a) of this section 
        unless the Commissioner of United States Customs and Border 
        Protection determines that another individual should hold such 
        position or positions.
    (d) Reference.--
            (1) Title 5.--Section 5314 of title 5, United States Code, 
        is amended by striking ``Commissioner of Customs, Department of 
        Homeland Security'' and inserting ``Commissioner of United 
        States Customs and Border Protection, Department of Homeland 
        Security''.
            (2) Other references.--On and after the date of the 
        enactment of this Act, any reference in law or regulations to 
        the ``Commissioner of Customs'' or the ``Commissioner of the 
        Customs Service'' shall be deemed to be a reference to the 
        Commissioner of United States Customs and Border Protection.
    (e) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by 
striking the item relating to section 411 and inserting the following 
new item:

``Sec. 411. Establishment of United States Customs and Border 
                            Protection; Commissioner, Deputy 
                            Commissioner, and operational offices.''.

SEC. 3. REPEALS.

    Sections 416, 418, and 443 of the Homeland Security Act of 2002 (6 
U.S.C. 216, 218, and 253), and the items relating to such sections in 
the table of contents in section 1(b) of such Act, are repealed.

SEC. 4. CLERICAL AND CONFORMING AMENDMENTS.

    (a) In General.--The Homeland Security Act of 2002 (6 U.S.C. 101 et 
seq.) is amended--
            (1) in title I--
                    (A) in section 102(f)(10) (6 U.S.C. 112(f)(10)), by 
                striking ``the Directorate of Border and Transportation 
                Security'' and inserting ``Commissioner of United 
                States Customs and Border Protection''; and
                    (B) in section 103(a)(1) (6 U.S.C. 113(a)(1))--
                            (i) in subparagraph (C), by striking ``An 
                        Under Secretary for Border and Transportation 
                        Security.'' and inserting ``A Commissioner of 
                        United States Customs and Border Protection.''; 
                        and
                            (ii) in subparagraph (G), by striking ``A 
                        Director of the Office of Counternarcotics 
                        Enforcement.'' and inserting ``A Director for 
                        United States Immigration and Customs 
                        Enforcement.''; and
            (2) in title IV--
                    (A) by striking the title heading and inserting 
                ``BORDER, MARITIME, AND TRANSPORTATION SECURITY'';
                    (B) in subtitle A--
                            (i) by striking the subtitle heading and 
                        inserting ``Border, Maritime, and 
                        Transportation Security Responsibilities and 
                        Functions''; and
                            (ii) in section 402 (6 U.S.C. 202)--
                                    (I) in the section heading, by 
                                striking ``responsibilities'' and 
                                inserting ``border, maritime, and 
                                transportation responsibilities''; and
                                    (II) by striking ``, acting through 
                                the Under Secretary for Border and 
                                Transportation Security,'';
                    (C) in subtitle B--
                            (i) by striking the subtitle heading and 
                        inserting ``United States Customs and Border 
                        Protection'';
                            (ii) in section 412(b) (6 U.S.C. 212), by 
                        striking ``United States Customs Service'' each 
                        place it appears and inserting ``United States 
                        Customs and Border Protection'';
                            (iii) in section 413 (6 U.S.C. 213), by 
                        striking ``available to the United States 
                        Customs Service or'';
                            (iv) in section 414 (6 U.S.C. 214), by 
                        striking ``United States Customs Service'' and 
                        inserting ``United States Customs and Border 
                        Protection''; and
                            (v) in section 415 (6 U.S.C. 215)--
                                    (I) in paragraph (7), by inserting 
                                before the colon the following: ``, and 
                                of United States Customs and Border 
                                Protection on the day before the 
                                effective date of the United States 
                                Customs and Border Protection 
                                Authorization Act''; and
                                    (II) in paragraph (8), by inserting 
                                before the colon the following: ``, and 
                                of United States Customs and Border 
                                Protection on the day before the 
                                effective date of the United States 
                                Customs and Border Protection 
                                Authorization Act'';
                    (D) in subtitle C--
                            (i) by striking section 424 (6 U.S.C. 234) 
                        and inserting the following new section:

``SEC. 424. PRESERVATION OF TRANSPORTATION SECURITY ADMINISTRATION AS A 
              DISTINCT ENTITY.

    ``Notwithstanding any other provision of this Act, the 
Transportation Security Administration shall be maintained as a 
distinct entity within the Department.''; and
                            (ii) in section 430 (6 U.S.C. 238)--
                                    (I) by amending subsection (a) to 
                                read as follows:
    ``(a) Establishment.--There is established in the Department an 
Office for Domestic Preparedness.'';
                                    (II) in subsection (b), by striking 
                                the second sentence; and
                                    (III) in subsection (c)(7), by 
                                striking ``Directorate'' and inserting 
                                ``Department''; and
                    (E) in subtitle D--
                            (i) in section 441 (6 U.S.C. 251)--
                                    (I) by striking the section heading 
                                and inserting ``transfer of 
                                functions''; and
                                    (II) by striking ``Under Secretary 
                                for Border and Transportation 
                                Security'' and inserting ``Secretary''; 
                                and
                            (ii) by amending section 444 (6 U.S.C. 254) 
                        to read as follows:

``SEC. 444. EMPLOYEE DISCIPLINE.

    ``Notwithstanding any other provision of law, the Secretary may 
impose disciplinary action on any employee of United States Immigration 
and Customs Enforcement and United States Customs and Border Protection 
who willfully deceives Congress or agency leadership on any matter.''.
    (b) Conforming Amendments.--Section 401 of the Homeland Security 
Act of 2002 (6 U.S.C. 201) is repealed.
    (c) Clerical Amendments.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 is amended--
            (1) by striking the item relating to title IV and inserting 
        the following:

      ``TITLE IV--BORDER, MARITIME, AND TRANSPORTATION SECURITY'';

            (2) by striking the item relating to subtitle A of title IV 
        and inserting the following:

      ``Subtitle A--Border, Maritime, and Transportation Security 
                   Responsibilities and Functions'';

            (3) by striking the item relating to section 401;
            (4) by striking the item relating to subtitle B of title IV 
        and inserting the following:

      ``Subtitle B--United States Customs and Border Protection'';

            (5) by striking the item relating to section 441 and 
        inserting the following:

``Sec. 441. Transfer of functions.'';
        and
            (6) by striking the item relating to section 442 and 
        inserting the following:

``Sec. 442. United States Immigration and Customs Enforcement.''.

SEC. 5. REPORTS AND ASSESSMENTS.

    (a) Report on Contract Management Acquisition and Procurement 
Personnel.--Not later than 60 days after the date of the enactment of 
this Act and biennially thereafter, the Commissioner of United States 
Customs and Border Protection shall submit to the Committee on Homeland 
Security of the House of Representatives and the Committee on Homeland 
Security and Governmental Affairs of the Senate a report on--
            (1) the number of contract management acquisition and 
        procurement personnel assigned to the Office of Technology 
        Innovation and Acquisition (or successor office) of United 
        States Customs and Border Protection, categorized by position;
            (2) the average aggregate value of the contracts each 
        contract officer, contract specialist, and contract officer 
        representative employee is responsible for managing; and
            (3) the number of additional acquisition and procurement 
        personnel, categorized by position, and contract management 
        specialists United States Customs and Border Protection would 
        need to ensure compliance with Federal acquisition standards, 
        departmental management directives, and United States Customs 
        and Border Protection contracting needs.
    (b) Report on Migrant Deaths.--Not later 180 days after the date of 
the enactment of this Act, the Commissioner of United States Customs 
and Border Protection shall, to the extent practicable, make publically 
available information that the United States Border Patrol has 
collected on migrant deaths occurring along the United States-Mexico 
border, including information on the following:
            (1) The number of documented migrant deaths.
            (2) The location where such migrant deaths occurred.
            (3) To the extent possible, the cause of death for each 
        migrant.
            (4) The extent to which border technology, physical 
        barriers, and enforcement programs have contributed to such 
        migrant deaths.
            (5) A description of United States Customs and Border 
        Protection programs or plans to reduce the number of migrant 
        deaths along the border, including an assessment on the 
        effectiveness of water supply sites and rescue beacons.
    (c) Report on Business Transformation Initiative.--Not later than 
90 days after the date of the enactment of this Act, the Commissioner 
of United States Customs and Border Protection shall submit to the 
Committee on Homeland Security and the Committee on Ways and Means of 
the House of Representatives and the Committee on Homeland Security and 
Governmental Affairs and the Committee on Finance of the Senate a 
report on United States Customs and Border Protection's Business 
Transformation Initiative, including locations where the Initiative is 
deployed, the types of equipment utilized, a description of protocols 
and procedures, information on wait times at such locations since 
deployment, and information regarding the schedule for deployment at 
new locations.
    (d) Report on Unaccompanied Alien Children Apprehended at the 
Border.--Not later than 90 days after the date of the enactment of this 
Act and annually thereafter, the Commissioner of United States Customs 
and Border Protection shall submit to the Committee on Homeland 
Security of the House of Representatives and the Committee on Homeland 
Security and Governmental Affairs of the Senate a report on 
unaccompanied alien children apprehended at the borders of the United 
States. Such report shall include the following:
            (1) Information on the number, nationality, age, and 
        location of the apprehensions of such unaccompanied alien 
        children in the current fiscal year and for each of the three 
        prior fiscal years.
            (2) The average length of time an unaccompanied alien child 
        is in the custody of United States Customs and Border 
        Protection before being transferred to the custody of another 
        Federal agency in the current fiscal year and for each of three 
        prior fiscal years.
            (3) A description of current and planned activities to 
        discourage efforts to bring unaccompanied alien children to the 
        United States without authorization.
            (4) A description of training provided to officers and 
        agents of United States Customs and Border Protection regarding 
        unaccompanied alien children, including the number of such 
        officers and agents who are so trained.
            (5) An assessment of the existing officers, agents, and 
        resources of United States Customs and Border Protection being 
        utilized to address unaccompanied alien children.
            (6) An assessment of whether current facilities utilized by 
        United States Customs and Border Protection to house 
        unaccompanied alien children are adequate to comply with all 
        applicable laws, regulations, and standards regarding housing, 
        feeding, and providing medical care for such children.
            (7) An identification and assessment of the factors causing 
        unaccompanied alien children to migrate to the United States, 
        including an assessment of how perceptions of enforcement 
        policies and economic and social conditions, including 
        incidents of violence, in countries of origin or last habitual 
        residence may be attributed to a rise in attempted entries into 
        the United States.
            (8) Information on United States Border Patrol resources 
        spent to care for unaccompanied alien children in the custody 
        of the United States Border Patrol, including the number of 
        United States Border Patrol agents assigned to care for 
        unaccompanied alien children.
            (9) Future estimates of Department of Homeland Security 
        resources needed to care for expected increases in 
        unaccompanied alien children.
            (10) An identification of any operational or policy 
        challenges impacting the Department of Homeland Security as a 
        result of any expected increase in unaccompanied alien 
        children.
            (11) Information on any additional resources necessary to 
        carry out United States Customs and Border Protection's 
        responsibilities with respect to unaccompanied alien children.
    (e) Port of Entry Infrastructure Needs Assessments.--Not later 180 
days after the date of the enactment of this Act, the Commissioner of 
United States Customs and Border Protection shall assess the physical 
infrastructure and technology needs at the 20 busiest land ports of 
entry (as measured by United States Customs and Border Protection) with 
a particular attention to identify ways to--
            (1) improve travel and trade facilitation;
            (2) reduce wait times;
            (3) improve physical infrastructure and conditions for 
        individuals accessing pedestrian ports of entry;
            (4) enter into long-term leases with nongovernmental and 
        private sector entities;
            (5) enter into lease-purchase agreements with 
        nongovernmental and private sector entities; and
            (6) achieve cost savings through leases described in 
        paragraphs (4) and (5).
    (f) Unmanned Aerial Systems Strategy.--Not later than 180 days 
after the date of the enactment of this Act, the Commissioner of United 
States Customs and Border Protection shall submit to the Committee on 
Homeland Security of the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs of the Senate a strategy for 
its Unmanned Aerial Systems program. Such strategy shall include, at a 
minimum, the following:
            (1) The mission and goals of such program.
            (2) The expected level of unmanned aerial systems 
        operations.
            (3) The funding and anticipated stakeholder needs and 
        resource requirements of such program.
    (g) Report on Biometric Exit Data Capability at Airports.--Not 
later than 90 days after the date of the enactment of this Act, the 
Commissioner of United States Customs and Border Protection shall 
submit to the Committee on Homeland Security of the House of 
Representatives and the Committee on Homeland Security and Governmental 
Affairs of the Senate a report on the efforts of United States Customs 
and Border Protection, in conjunction with the Directorate Science and 
Technology of the Department of Homeland Security, to evaluate 
technologies to provide a biometric exit capability at airports. Such 
report shall include the technologies tested, the results of such tests 
to date, plans for any future testing, and a schedule of anticipated 
deployment of those or other technologies.
    (h) CBP Officer Training.--Not later than 90 days after the date of 
the enactment of this Act, the Commissioner of United States Customs 
and Border Protection shall submit to the Committee on Homeland 
Security of the House of Representatives and the Committee on Homeland 
Security and Governmental Affairs of the Senate a report on the current 
capacity of United States Customs and Border Protection to hire, train, 
and deploy additional United States Customs and Border Protection 
officers, including an assessment of any additional resources necessary 
to hire, train, and deploy United States Customs and Border Protection 
officers to meet staffing needs, as identified by the United States 
Customs and Border Protection staffing model.
    (i) Report on the Security of United States International 
Borders.--Not later than 180 days after the date of the enactment of 
this Act, the Commissioner of United States Customs and Border 
Protection shall develop and implement specific metrics for measuring 
the status of security of United States international borders at and 
between ports of entry, including measuring the effectiveness of 
current border security resource allocations uniformly across all 
United States Customs and Border Protection sectors, informed by input 
from individuals and relevant stakeholders who live and work near such 
borders, and submit to the Committee on Homeland Security of the House 
of Representatives and the Committee on Homeland Security and 
Governmental Affairs of the Senate a report on such metrics and such 
status.
    (j) Personal Searches.--Not later than 90 days after the date of 
the enactment of this Act, the Commissioner of United States Customs 
and Border Protection shall submit to the Committee on Homeland 
Security of the House of Representatives and the Committee on Homeland 
Security and Governmental Affairs of the Senate a report on supervisor-
approved personal searches conducted in the previous year by United 
States Customs and Border Protection personnel. Such report shall 
include the number of personal searches conducted in each sector and 
field office, the number of invasive personal searches conducted in 
each sector and field office, whether personal searches were conducted 
by Office of Field Operations or United States Border Patrol personnel, 
and how many personal searches resulted in the discovery of contraband.

SEC. 6. INTERNATIONAL INITIATIVES.

    (a) North and Central American Border Security Cooperation 
Initiative.--The Secretary of Homeland Security, in coordination with 
the Secretary of State, shall engage with the appropriate officials of 
the Government of Canada and the Government of Mexico to assess the 
specific needs of the countries of Central America to maintain the 
security of the international borders of such countries and determine 
the support needed by such countries from the United States, Canada, 
and Mexico, to meet such needs.
    (b) Caribbean Cooperation Initiative.--The Secretary of Homeland 
Security, in coordination with the Secretary of State, shall engage 
with appropriate officials of the governments of the countries of the 
Caribbean to establish a program to assess the specific needs of such 
countries to address the unique challenges of maritime border security.
    (c) Mexico's Southern Border Security Initiative.--The Secretary of 
Homeland Security, in coordination with the Secretary of State, shall 
engage with appropriate officials of the Government of Mexico to assess 
the specific needs to help secure Mexico's southern border from 
undocumented aliens, drugs, weapons and other contraband.
    (d) Reporting.--The Secretary of Homeland Security shall submit to 
the Committee on Homeland Security and the Committee on Foreign Affairs 
of the House of Representatives and the Committee on Homeland Security 
and Governmental Affairs and the Committee on Foreign Relations of the 
Senate a report on the assessment of needs carried out under this 
section.

SEC. 7. TREATMENT OF CERTAIN APPLICATIONS FOR PORT OF ENTRY STATUS.

    The Commissioner of United States Customs and Border Protection 
shall give priority consideration to an application for port of entry 
status submitted by any commercial airport if such airport served at 
least 100,000 deplaned international passengers in the previous 
calendar year.

SEC. 8. TRUSTED TRAVELER PROGRAMS.

    The Secretary of Homeland Security may not enter into or renew an 
agreement with the government of a foreign country for a trusted 
traveler program administered by United States Customs and Border 
Protection unless the Secretary certifies in writing that such 
government--
            (1) routinely submits to INTEPOL for inclusion in 
        INTERPOL's Stolen and Lost Travel Documents database 
        information about lost and stolen passports and travel 
        documents of the citizens and nationals of such country; or
            (2) makes available to the United States Government the 
        information described in paragraph (1) through another means of 
        reporting.

SEC. 9. SENSE OF CONGRESS REGARDING THE FOREIGN LANGUAGE AWARD PROGRAM.

    (a) Findings.--Congress finds the following:
            (1) Congress established the Foreign Language Award Program 
        (FLAP) to incentivize employees at United States ports of entry 
        to utilize their foreign language skills on the job by 
        providing a financial incentive for the use of the foreign 
        language for at least ten percent of their duties after passage 
        of competency tests. FLAP incentivizes the use of more than two 
        dozen languages and has been instrumental in identifying and 
        utilizing United States Customs and Border Protection officers 
        and agents who are proficient in a foreign language.
            (2) In 1993, Congress provided for dedicated funding for 
        this program by stipulating that certain fees collected by 
        United States Customs and Border Protection to fund FLAP.
            (3) Through FLAP, foreign travelers are aided by having an 
        officer at a port of entry who speaks their language, and 
        United States Customs and Border Protection benefits by being 
        able to focus its border security efforts in a more effective 
        manner.
    (b) Sense of Congress.--It is the sense of Congress that FLAP 
incentivizes United States Customs and Border Protection officers and 
agents to attain and maintain competency in a foreign language, thereby 
improving the efficiency of operations for the functioning of United 
States Customs and Border Protection's security mission, making the 
United States a more welcoming place when foreign travelers find 
officers can communicate in their language, and helping to expedite 
traveler processing to reduce wait times.

SEC. 10. PROHIBITION ON NEW APPROPRIATIONS.

    No additional funds are authorized to be appropriated to carry out 
this Act and the amendments made by this Act, and this Act and such 
amendments shall be carried out using amounts otherwise made available 
for such purposes.

            Passed the House of Representatives July 28, 2014.

            Attest:

                                                                 Clerk.
113th CONGRESS

  2d Session

                               H. R. 3846

_______________________________________________________________________

                                 AN ACT

       To provide for the authorization of border, maritime, and 
     transportation security responsibilities and functions in the 
Department of Homeland Security and the establishment of United States 
         Customs and Border Protection, and for other purposes.
```