IB 

Union Calendar No. 415 

113TH CONGRESS 

2D SESSION H. R. 3846 

[Report No. 113–555, Part I] 

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. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 10, 2014 

Mrs. MILLER of Michigan (for herself, Mr. MCCAUL, and Ms. JACKSON LEE) 

introduced the following bill; which was referred to the Committee on 

Homeland Security, and in addition to the Committee on Ways and 

Means, for a period to be subsequently determined by the Speaker, in 

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

JULY 24, 2014 

Reported from the Committee on Homeland Security with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

JULY 24, 2014 

The Committee on Ways and Means discharged; committed to the Committee 

of the Whole House on the State of the Union and ordered to be printed 

[For text of introduced bill, see copy of bill as introduced on January 10, 2014] 

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A BILL 

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. 

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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘United States Customs 

5 and Border Protection Authorization Act’’. 

6 SEC. 2. ESTABLISHMENT OF UNITED STATES CUSTOMS AND 

7 BORDER PROTECTION. 

8 (a) IN GENERAL.—Section 411 of the Homeland Secu9 rity Act of 2002 (6 U.S.C. 211) is amended to read as fol10 lows: 

11 ‘‘SEC. 411. ESTABLISHMENT OF UNITED STATES CUSTOMS 

12 AND BORDER PROTECTION; COMMISSIONER, 

13 DEPUTY COMMISSIONER, AND OPERATIONAL 

14 OFFICES. 

15 ‘‘(a) IN GENERAL.—There is established in the Depart16 ment an agency to be known as United States Customs and 

17 Border Protection. 

18 ‘‘(b) COMMISSIONER OF UNITED STATES CUSTOMS

19 AND BORDER PROTECTION.—There shall be at the head of 

20 United States Customs and Border Protection a Commis21 sioner of United States Customs and Border Protection (in 

22 this section referred to as the ‘Commissioner’), who shall 

23 be appointed by the President, by and with the advice and 

24 consent of the Senate. 

25 ‘‘(c) DUTIES.—The Commissioner shall— 

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1 ‘‘(1) ensure the interdiction of persons and goods 

2 illegally entering or exiting the United States; 

3 ‘‘(2) facilitate and expedite the flow of legitimate 

4 travelers and trade; 

5 ‘‘(3) detect, respond to, and interdict terrorists, 

6 drug smugglers and traffickers, human smugglers and 

7 traffickers, criminals, and other persons who may un8 dermine the security of the United States; 

9 ‘‘(4) safeguard the borders of the United States 

10 to protect against the entry of dangerous goods; 

11 ‘‘(5) oversee the functions of the Office of Inter12 national Trade established under section 402 of the 

13 Security and Accountability for Every Port Act of 

14 2006 (19 U.S.C. 2072; Public Law 109–347); 

15 ‘‘(6) enforce and administer all customs laws of 

16 the United States, including the Tariff Act of 1930; 

17 ‘‘(7) enforce and administer all immigration 

18 laws, as such term is defined in paragraph (17) of 

19 section 101(a) of the Immigration and Nationality 

20 Act (8 U.S.C. 1101(a)), in coordination with United 

21 States Immigration and Customs Enforcement and 

22 United States Citizenship and Immigration Services; 

23 ‘‘(8) develop and implement screening and tar24 geting capabilities, including the screening, reviewing, 

25 identifying, and prioritizing of passengers and cargo 

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1 across all international modes of transportation, both 

2 inbound and outbound; 

3 ‘‘(9) enforce and administer the laws relating to 

4 agricultural import and entry inspection referred to 

5 in section 421; 

6 ‘‘(10) in coordination with the Secretary, deploy 

7 technology to collect the data necessary for the Sec8 retary to administer the biometric entry and exit 

9 data system pursuant to section 7208 of the Intel10 ligence Reform and Terrorism Prevention Act of 2004 

11 (8 U.S.C. 1365b); 

12 ‘‘(11) in coordination with the Under Secretary 

13 for Management of the Department, ensure United 

14 States Customs and Border Protection complies with 

15 Federal law, the Federal Acquisition Regulation, and 

16 the Department’s acquisition management directives 

17 for major acquisition programs of United States Cus18 toms and Border Protection; 

19 ‘‘(12) enforce and administer— 

20 ‘‘(A) the Container Security Initiative pro21 gram under section 205 of the Security and Ac22 countability for Every Port Act of 2006 (6 

23 U.S.C. 945; Public Law 109–347); and 

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1 ‘‘(B) the Customs-Trade Partnership 

2 Against Terrorism program under sections 211 

3 through 223 of such Act (6 U.S.C. 961-973); 

4 ‘‘(13) establish the standard operating procedures 

5 described in subsection (k); 

6 ‘‘(14) carry out the training required under sub7 section (l); and 

8 ‘‘(15) carry out the duties and powers prescribed 

9 by law or delegated by the Secretary. 

10 ‘‘(d) DEPUTY COMMISSIONER.—There shall be in 

11 United States Customs and Border Protection a Deputy 

12 Commissioner who shall assist the Commissioner in the 

13 management of United States Customs and Border Protec14 tion. 

15 ‘‘(e) UNITED STATES BORDER PATROL.— 

16 ‘‘(1) IN GENERAL.—There is established in 

17 United States Customs and Border Protection the 

18 United States Border Patrol. 

19 ‘‘(2) CHIEF.—There shall be at the head of the 

20 United States Border Patrol a Chief, who shall be a 

21 uniformed law enforcement officer chosen from the 

22 ranks of the United States Border Patrol and who 

23 shall report to the Commissioner. 

24 ‘‘(3) DUTIES.—The United States Border Patrol 

25 shall— 

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1 ‘‘(A) serve as the law enforcement office of 

2 United States Customs and Border Protection 

3 with primary responsibility for interdicting per4 sons attempting to illegally enter or exit the 

5 United States or goods being illegally imported 

6 to or exported from the United States at a place 

7 other than a designated port of entry; 

8 ‘‘(B) deter and prevent illegal entry of ter9 rorists, terrorist weapons, persons, and contra10 band; and 

11 ‘‘(C) carry out other duties and powers pre12 scribed by the Commissioner. 

13 ‘‘(f) OFFICE OF AIR AND MARINE OPERATIONS.— 

14 ‘‘(1) IN GENERAL.—There is established in 

15 United States Customs and Border Protection an Of16 fice of Air and Marine Operations. 

17 ‘‘(2) ASSISTANT COMMISSIONER.—There shall be 

18 at the head of the Office of Air and Marine Oper19 ations an Assistant Commissioner, who shall report to 

20 the Commissioner. 

21 ‘‘(3) DUTIES.—The Office of Air and Marine 

22 Operations shall— 

23 ‘‘(A) serve as the law enforcement office 

24 within United States Customs and Border Pro25 tection with primary responsibility to detect, 

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1 interdict, and prevent acts of terrorism and the 

2 unlawful movement of people, illicit drugs, and 

3 other contraband across the borders of the United 

4 States in the air and maritime environment; 

5 ‘‘(B) oversee the acquisition, maintenance, 

6 and operational use of United States Customs 

7 and Border Protection integrated air and ma8 rine forces; 

9 ‘‘(C) provide aviation and marine support 

10 for other Federal, State, and local law enforce11 ment agency needs, as appropriate; and 

12 ‘‘(D) carry out other duties and powers pre13 scribed by the Commissioner. 

14 ‘‘(g) OFFICE OF FIELD OPERATIONS.— 

15 ‘‘(1) IN GENERAL.—There is established in 

16 United States Customs and Border Protection an Of17 fice of Field Operations. 

18 ‘‘(2) ASSISTANT COMMISSIONER.—There shall be 

19 at the head of the Office of Field Operations an As20 sistant Commissioner, who shall report to the Com21 missioner. 

22 ‘‘(3) DUTIES.—The Office of Field Operations 

23 shall coordinate the enforcement activities of United 

24 States Customs and Border Protection at United 

25 States air, land, and sea ports of entry to— 

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1 ‘‘(A) deter and prevent terrorists and ter2 rorist weapons from entering the United States 

3 at such ports of entry; 

4 ‘‘(B) conduct inspections at such ports of 

5 entry to safeguard the United States from ter6 rorism and illegal entry of persons; 

7 ‘‘(C) prevent illicit drugs, agricultural 

8 pests, and contraband from entering the United 

9 States; 

10 ‘‘(D) in coordination with the Commis11 sioner, facilitate and expedite the flow of legiti12 mate travelers and trade; 

13 ‘‘(E) administer the National Targeting 

14 Center established under paragraph (4); and 

15 ‘‘(F) carry out other duties and powers pre16 scribed by the Commissioner. 

17 ‘‘(4) NATIONAL TARGETING CENTER.— 

18 ‘‘(A) IN GENERAL.—There is established in 

19 the Office of Field Operations a National Tar20 geting Center. 

21 ‘‘(B) EXECUTIVE DIRECTOR.—There shall be 

22 at the head of the National Targeting Center an 

23 Executive Director, who shall report to the As24 sistant Commissioner of the Office of Field Oper25 ations. 

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1 ‘‘(C) DUTIES.—The National Targeting 

2 Center shall— 

3 ‘‘(i) serve as the primary forum for 

4 targeting operations within United States 

5 Customs and Border Protection to collect 

6 and analyze traveler and cargo information 

7 in advance of arrival in the United States; 

8 ‘‘(ii) identify, review, and target trav9 elers and cargo for examination; 

10 ‘‘(iii) coordinate the examination of 

11 entry and exit of travelers and cargo; and 

12 ‘‘(iv) carry out other duties and powers 

13 prescribed by the Assistant Commissioner. 

14 ‘‘(5) ANNUAL REPORT ON STAFFING.—Not later 

15 than 30 days after the date of the enactment of this 

16 section and annually thereafter, the Assistant Com17 missioner shall submit to the appropriate congres18 sional committees a report on the staffing model for 

19 the Office of Field Operations, including information 

20 on how many supervisors, front-line United States 

21 Customs and Border Protection officers, and support 

22 personnel are assigned to each Field Office and port 

23 of entry. 

24 ‘‘(h) OFFICE OF INTELLIGENCE AND INVESTIGATIVE

25 LIAISON.— 

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1 ‘‘(1) IN GENERAL.—There is established in 

2 United States Customs and Border Protection an Of3 fice of Intelligence and Investigative Liaison. 

4 ‘‘(2) ASSISTANT COMMISSIONER.—There shall be 

5 at the head of the Office of Intelligence and Investiga6 tive Liaison an Assistant Commissioner, who shall re7 port to the Commissioner. 

8 ‘‘(3) DUTIES.—The Office of Intelligence and In9 vestigative Liaison shall— 

10 ‘‘(A) develop, provide, coordinate, and im11 plement intelligence capabilities into a cohesive 

12 intelligence enterprise to support the execution of 

13 the United States Customs and Border Protec14 tion duties and responsibilities; 

15 ‘‘(B) collect and analyze advance traveler 

16 and cargo information; 

17 ‘‘(C) establish, in coordination with the 

18 Chief Intelligence Officer of the Department, as 

19 appropriate, intelligence-sharing relationships 

20 with Federal, State, local, and tribal agencies 

21 and intelligence agencies; and 

22 ‘‘(D) carry out other duties and powers pre23 scribed by the Commissioner. 

24 ‘‘(i) OFFICE OF INTERNATIONAL AFFAIRS.— 

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1 ‘‘(1) IN GENERAL.—There is established in 

2 United States Customs and Border Protection an Of3 fice of International Affairs. 

4 ‘‘(2) ASSISTANT COMMISSIONER.—There shall be 

5 at the head of the Office of International Affairs an 

6 Assistant Commissioner, who shall report to the Com7 missioner. 

8 ‘‘(3) DUTIES.—The Office of International Af9 fairs, in collaboration with the Office of International 

10 Affairs of the Department, shall— 

11 ‘‘(A) coordinate and support United States 

12 Customs and Border Protection’s foreign initia13 tives, policies, programs, and activities; 

14 ‘‘(B) coordinate and support United States 

15 Customs and Border Protection’s personnel sta16 tioned abroad; 

17 ‘‘(C) maintain partnerships and informa18 tion sharing agreements and arrangements with 

19 foreign governments, international organizations, 

20 and United States agencies in support of United 

21 States Customs and Border Protection duties 

22 and responsibilities; 

23 ‘‘(D) provide necessary capacity building, 

24 training, and assistance to foreign border control 

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1 agencies to strengthen global supply chain and 

2 travel security; 

3 ‘‘(E) coordinate mission support services to 

4 sustain United States Customs and Border Pro5 tection’s global activities; 

6 ‘‘(F) coordinate, in collaboration with the 

7 Office of Policy of the Department, as appro8 priate, United States Customs and Border Pro9 tection’s engagement in international negotia10 tions; and 

11 ‘‘(G) carry out other duties and powers pre12 scribed by the Commissioner. 

13 ‘‘(j) OFFICE OF INTERNAL AFFAIRS.— 

14 ‘‘(1) IN GENERAL.—There is established in 

15 United States Customs and Border Protection an Of16 fice of Internal Affairs. 

17 ‘‘(2) ASSISTANT COMMISSIONER.—There shall be 

18 at the head of the Office of Internal Affairs an Assist19 ant Commissioner, who shall report to the Commis20 sioner. 

21 ‘‘(3) DUTIES.—The Office of Internal Affairs 

22 shall— 

23 ‘‘(A) investigate criminal and administra24 tive matters and misconduct by officers, agents, 

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1 and other employees of United States Customs 

2 and Border Protection; 

3 ‘‘(B) perform investigations of United 

4 States Customs and Border Protection appli5 cants and periodic reinvestigations (in accord6 ance with section 3001 of the Intelligence Reform 

7 and Terrorism Prevention Act of 2004 (50 

8 U.S.C. 3341; Public Law 108–458)) of officers, 

9 agents, and other employees of United States 

10 Custom and Border Protection, including inves11 tigations to determine suitability for employ12 ment and eligibility for access to classified infor13 mation; 

14 ‘‘(C) conduct polygraph examinations in ac15 cordance with section 3(1) of the Anti-Border 

16 Corruption Act of 2010 (Public Law 111–376); 

17 ‘‘(D) perform inspections of United States 

18 Customs and Border Protection programs, oper19 ations, and offices; 

20 ‘‘(E) conduct risk-based covert testing of 

21 United States Customs and Border Protection 

22 operations, including for nuclear and radio23 logical risks; 

24 ‘‘(F) manage integrity of United States 

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1 ligence operations, including conduct of counter2 intelligence investigations; 

3 ‘‘(G) conduct research and analysis regard4 ing misconduct of officers, agents, and other em5 ployees of United States Customs and Border 

6 Protection; and 

7 ‘‘(H) carry out other duties and powers pre8 scribed by the Commissioner. 

9 ‘‘(k) STANDARD OPERATING PROCEDURES.— 

10 ‘‘(1) IN GENERAL.—The Commissioner shall es11 tablish— 

12 ‘‘(A) standard operating procedures for 

13 searching, reviewing, retaining, and sharing in14 formation contained in communication, elec15 tronic, or digital devices encountered by United 

16 States Customs and Border Protection personnel 

17 at United States ports of entry; 

18 ‘‘(B) standard use of force procedures offi19 cers and agents of United States Customs and 

20 Border Protection may employ in the execution 

21 of their duties, including the use of deadly force 

22 and procedures for deescalating confrontations, 

23 where possible; 

24 ‘‘(C) a uniform, standardized, and pub25 lically-available procedure for processing and inmstockstill on DSK4VPTVN1PROD with BILLS

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1 vestigating complaints against officers, agents, 

2 and employees of United States Customs and 

3 Border Protection for violations of professional 

4 conduct, including the timely disposition of com5 plaints and a written notification to the com6 plainant of the status or outcome, as appro7 priate, of the related investigation, in accordance 

8 with section 552a of title 5, United States Code 

9 (commonly referred to as the ‘Privacy Act’ or the 

10 ‘Privacy Act of 1974’); 

11 ‘‘(D) an internal, uniform reporting mecha12 nism regarding incidents involving the use of 

13 deadly force by an officer or agent of United 

14 States Customs and Border Protection, including 

15 an evaluation of the degree to which the proce16 dures required under subparagraph (B) were fol17 lowed; and 

18 ‘‘(E) standard operating procedures, acting 

19 through the Assistant Commissioner for Air and 

20 Marine Operations and in coordination with the 

21 Office of Civil Rights and Civil Liberties and the 

22 Office of Privacy of the Department, to provide 

23 command, control, communication, surveillance, 

24 and reconnaissance assistance through the use of 

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1 unmanned aerial systems, including the estab2 lishment of— 

3 ‘‘(i) a process for other Federal, State, 

4 and local law enforcement agencies to sub5 mit mission requests; 

6 ‘‘(ii) a formal procedure to determine 

7 whether to approve or deny such a mission 

8 request; 

9 ‘‘(iii) a formal procedure to determine 

10 how such mission requests are prioritized 

11 and coordinated; 

12 ‘‘(iv) a process for establishing agree13 ments with other Federal, State, and local 

14 law enforcement agencies regarding reim15 bursement for such mission costs; and 

16 ‘‘(v) a process regarding the protection 

17 and privacy of data and images collected by 

18 United States Customs and Border Protec19 tion through the use of unmanned aerial 

20 systems. 

21 ‘‘(2) REQUIREMENTS REGARDING CERTAIN NOTI22 FICATIONS.—The standard operating procedures es23 tablished pursuant to subparagraph (A) of paragraph 

24 (1) shall require— 

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1 ‘‘(A) in the case of a search of information 

2 conducted on an electronic device by United 

3 States Customs and Border Protection personnel, 

4 the Commissioner to notify the individual subject 

5 to such search of the purpose and authority for 

6 such search, and how such individual may ob7 tain information on reporting concerns about 

8 such search; and 

9 ‘‘(B) in the case of information collected by 

10 United States Customs and Border Protection 

11 through a search of an electronic device, if such 

12 information is transmitted to another Federal 

13 agency for subject matter assistance, translation, 

14 or decryption, the Commissioner to notify the in15 dividual subject to such search of such trans16 mission. 

17 ‘‘(3) EXCEPTIONS.— 

18 ‘‘(A) IN GENERAL.—The Commissioner may 

19 withhold the notifications required under para20 graphs (1)(C) and (2) if the Commissioner deter21 mines that such notifications would impair na22 tional security, law enforcement, or other oper23 ational interests. 

24 ‘‘(B) TERRORIST WATCH LISTS.— 

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1 ‘‘(i) SEARCHES.—If the individual 

2 subject to search of an electronic device pur3 suant to subparagraph (A) of paragraph (1) 

4 is included on a Government-operated or 

5 Government-maintained terrorist watch list, 

6 the notifications required under paragraph 

7 (2) shall not apply. 

8 ‘‘(ii) COMPLAINTS.—If the complain9 ant using the process established under sub10 paragraph (C) of paragraph (1) is included 

11 on a Government-operated or Government12 maintained terrorist watch list, the notifi13 cation required under such subparagraph 

14 shall not apply. 

15 ‘‘(4) UPDATE AND REVIEW.—The Commissioner 

16 shall review and update every three years the stand17 ard operating procedures required under this sub18 section. 

19 ‘‘(5) AUDITS.—The Inspector General of the De20 partment of Homeland Security shall develop and an21 nually administer an auditing mechanism to review 

22 whether searches of electronic devices at or between 

23 United States ports of entry are being conducted in 

24 conformity with the standard operating procedures 

25 required under subparagraph (A) of paragraph (1). 

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1 Such audits shall be submitted to the appropriate 

2 congressional committees and shall include the fol3 lowing: 

4 ‘‘(A) A description of the activities of offi5 cers and agents of United States Customs and 

6 Border Protection with respect to such searches. 

7 ‘‘(B) The number of such searches. 

8 ‘‘(C) The number of instances in which in9 formation contained in such devices that were 

10 subjected to such searches was retained, copied, 

11 shared, or entered in an electronic database. 

12 ‘‘(D) The number of such devices detained 

13 as the result of such searches. 

14 ‘‘(E) The number of instances in which in15 formation collected from such device was sub16 jected to such searches was transmitted to a an17 other Federal agency, including whether such 

18 transmission resulted in a prosecution or convic19 tion. 

20 ‘‘(6) REQUIREMENTS REGARDING OTHER NOTIFI21 CATIONS.—The standard operating procedures estab22 lished pursuant to subparagraph (B) of paragraph 

23 (1) shall require— 

24 ‘‘(A) in the case of an incident of the use 

25 of deadly force by United States Customs and 

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1 Border Protection personnel, the Commissioner 

2 to notify the appropriate congressional commit3 tees; and 

4 ‘‘(B) the Commissioner to provide to such 

5 committees a copy of the evaluation pursuant to 

6 subparagraph (D) of such paragraph not later 

7 than 30 days after completion of such evalua8 tion. 

9 ‘‘(7) REPORT ON UNMANNED AERIAL SYSTEMS.— 

10 The Commissioner shall submit to the appropriate 

11 congressional committees an annual report that re12 views whether the use of unmanned aerial systems are 

13 being conducted in conformity with the standard op14 erating procedures required under subparagraph (E) 

15 of paragraph (1). Such reports— 

16 ‘‘(A) shall be submitted with the President’s 

17 annual budget; 

18 ‘‘(B) may be submitted in classified form if 

19 the Commissioner determines that such is appro20 priate, and 

21 ‘‘(C) shall include— 

22 ‘‘(i) a detailed description of how, 

23 where, and for how long data and images 

24 collected through the use of unmanned aer25 ial systems by United States Customs and 

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1 Border Protection is collected and stored; 

2 and 

3 ‘‘(ii) a list of Federal, State, and local 

4 law enforcement agencies that submitted 

5 mission requests in the previous year and 

6 the disposition of such requests. 

7 ‘‘(l) TRAINING.— 

8 ‘‘(1) IN GENERAL.—The Commissioner shall re9 quire all agents and officers of United States Customs 

10 and Border Protection to participate in a specified 

11 amount of continuing education (to be determined by 

12 the Commissioner) to maintain an understanding of 

13 Federal legal rulings, court decisions, and depart14 mental policies, procedures, and guidelines. 

15 ‘‘(2) ENSURING TRAINING.—Not later than 90 

16 days after the date of the enactment of this section, 

17 the Commissioner shall develop a database system 

18 that identifies for each United States Customs and 

19 Border Protection officer or agent, by port of entry or 

20 station— 

21 ‘‘(A) for each training course, the average 

22 time allocated during on-duty hours within 

23 which training must be completed; 

24 ‘‘(B) for each training course offered, the 

25 duration of training and the average amount of 

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1 time an officer must be absent from work to com2 plete such training course; and 

3 ‘‘(C) certification of each training course by 

4 a supervising officer that the officer is able to 

5 carry out the function for which the training 

6 was provided, and if training has been post7 poned, the basis for postponing such training. 

8 ‘‘(3) USE OF DATA.—The Commissioner shall use 

9 the information developed under paragraph (2) to— 

10 ‘‘(A) develop training requirements for 

11 United States Customs and Border Protection of12 ficers to ensure that such officers have sufficient 

13 training to conduct primary and secondary in14 spections at Untied States ports of entry; and 

15 ‘‘(B) measure progress toward achieving the 

16 training requirements referred to in subpara17 graph (A). 

18 ‘‘(m) SHORT TERM DETENTION STANDARDS.— 

19 ‘‘(1) ACCESS TO FOOD AND WATER.—The Com20 missioner shall make every effort to ensure that ade21 quate access to food and water is provided to an indi22 vidual apprehended and detained by a United States 

23 Border Patrol agent between a United States port of 

24 entry as soon as practicable following the time of such 

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1 apprehension or during subsequent short term deten2 tion. 

3 ‘‘(2) ACCESS TO INFORMATION ON DETAINEE

4 RIGHTS AT BORDER PATROL PROCESSING CENTERS.— 

5 ‘‘(A) IN GENERAL.—The Commissioner shall 

6 ensure that an individual apprehended by a 

7 United States Border Patrol agent is provided 

8 with information concerning such individual’s 

9 rights, including the right to contact a represent10 ative of such individual’s government for pur11 poses of United States treaty obligations. 

12 ‘‘(B) FORM.—The information referred to 

13 in subparagraph (A) may be provided either ver14 bally or in writing, and shall be posted in the 

15 detention holding cell in which such individual 

16 is being held. The information shall be provided 

17 in a language understandable to such individual. 

18 ‘‘(3) DAYTIME REPATRIATION.—When prac19 ticable, repatriations shall be limited to daylight 

20 hours and avoid locations that are determined to have 

21 high indices of crime and violence. 

22 ‘‘(4) SHORT TERM DETENTION DEFINED.—In 

23 this subsection, the term ‘short term detention’ means 

24 detention in a United States Border Patrol processing 

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1 center for 72 hours or less, before repatriation to a 

2 country of nationality or last habitual residence. 

3 ‘‘(5) REPORT ON PROCUREMENT PROCESS AND

4 STANDARDS.—Not later than 180 days after the date 

5 of the enactment of this section, the Comptroller Gen6 eral of the United States shall submit to the appro7 priate congressional committees a report on the pro8 curement process and standards of entities with which 

9 United States Customs and Border Protection has 

10 contracts for the transportation and detention of indi11 viduals apprehended by agents or officers of United 

12 States Customs and Border Protection. Such report 

13 should also consider the operational efficiency of con14 tracting the transportation and detention of such in15 dividuals. 

16 ‘‘(6) REPORT ON INSPECTIONS OF SHORT-TERM

17 CUSTODY FACILITIES.—The Commissioner shall— 

18 ‘‘(A) annually inspect all facilities utilized 

19 for short term detention; and 

20 ‘‘(B) make publically available information 

21 collected pursuant to such inspections, including 

22 information regarding the requirements under 

23 paragraphs (1) and (2) and, where appropriate, 

24 issue recommendations to improve the conditions 

25 of such facilities. 

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1 ‘‘(n) WAIT TIMES TRANSPARENCY.— 

2 ‘‘(1) IN GENERAL.—The Commissioner shall— 

3 ‘‘(A) publish live wait times at the 20 

4 United States airports that support the highest 

5 volume of international travel (as determined by 

6 available Federal flight data); 

7 ‘‘(B) make information about such wait 

8 times available to the public in real time through 

9 the United States Customs and Border Protec10 tion Web site; 

11 ‘‘(C) submit to the appropriate congres12 sional committees quarterly reports that include 

13 compilations of all such wait times and a rank14 ing of such United States airports by wait times; 

15 and 

16 ‘‘(D) provide adequate staffing at the 

17 United States Customs and Border Protection 

18 information center to ensure timely access for 

19 travelers attempting to submit comments or 

20 speak with a representative about their entry ex21 periences. 

22 ‘‘(2) CALCULATION.—The wait times referred to 

23 in paragraph (1)(A) shall be determined by calcu24 lating the time elapsed between an individual’s entry 

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1 tion inspection area and such individual’s clearance 

2 by a United States Customs and Border Protection 

3 officer 

4 ‘‘(o) OTHER AUTHORITIES.— 

5 ‘‘(1) IN GENERAL.—The Secretary may establish 

6 such other offices or Assistant Commissioners (or 

7 other similar officers or officials) as the Secretary de8 termines necessary to carry out the missions, duties, 

9 functions, and authorities of United States Customs 

10 and Border Protection. 

11 ‘‘(2) NOTIFICATION.—If the Secretary exercises 

12 the authority provided pursuant to paragraph (1), the 

13 Secretary shall notify the appropriate congressional 

14 committees not later than 30 days before exercising 

15 such authority. 

16 ‘‘(p) OTHER FEDERAL AGENCIES.—Nothing in this 

17 section may be construed as affecting in any manner the 

18 existing authority of any other Federal agency, including 

19 the Transportation Security Administration with respect to 

20 the duties of United States Customs and Border Protection 

21 described in subsection (c).’’. 

22 (b) SPECIAL RULES.— 

23 (1) TREATMENT.—Section 411 of the Homeland 

24 Security Act of 2002, as amended by subsection (a) 

25 of this section, shall be treated as if included in such 

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1 Act as of the date of the enactment of such Act, and, 

2 in addition to the functions, missions, duties, and au3 thorities specified in such amended section 411, 

4 United States Customs and Border Protection shall 

5 continue to perform and carry out the functions, mis6 sions, duties, and authorities under section 411 of 

7 such Act as in existence on the day before such date 

8 of enactment, and section 415 of such Act. 

9 (2) RULES OF CONSTRUCTION.— 

10 (A) RULES AND REGULATIONS.—Notwith11 standing paragraph (1), nothing in this Act may 

12 be construed as affecting in any manner any 

13 rule or regulation issued or promulgated pursu14 ant to any provision of law, including section 

15 411 of the Homeland Security Act of 2002 as in 

16 existence on the day before the date of the enact17 ment of this Act, and any such rule or regulation 

18 shall continue to have full force and effect on and 

19 after such date. 

20 (B) OTHER ACTIONS.—Notwithstanding 

21 paragraph (1), nothing in this Act may be con22 strued as affecting in any manner any action, 

23 determination, policy, or decision pursuant to 

24 section 411 of the Homeland Security Act of 

25 2002 as in existence on the day before the date 

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1 of the enactment of this Act, and any such ac2 tion, determination, policy, or decision shall con3 tinue to have full force and effect on and after 

4 such date. 

5 (c) CONTINUATION IN OFFICE.— 

6 (1) COMMISSIONER.—The individual serving as 

7 the Commissioner of Customs on the day before the 

8 date of the enactment of this Act may serve as the 

9 Commissioner of United States Customs and Border 

10 Protection on and after such date of enactment until 

11 a Commissioner of United States Customs and Border 

12 Protection is appointed under section 411 of the 

13 Homeland Security Act of 2002, as amended by sub14 section (a) of this section. 

15 (2) OTHER POSITIONS.—The individuals serving 

16 as Assistant Commissioners and other officers and of17 ficials under section 411 of the Homeland Security 

18 Act of 2002 on the day before the date of the enact19 ment of this Act may serve as the appropriate Assist20 ant Commissioners and other officers and officials 

21 under such section 411 as amended by subsection (a) 

22 of this section unless the Commissioner of United 

23 States Customs and Border Protection determines 

24 that another individual should hold such position or 

25 positions. 

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1 (d) REFERENCE.— 

2 (1) TITLE 5.—Section 5314 of title 5, United 

3 States Code, is amended by striking ‘‘Commissioner of 

4 Customs, Department of Homeland Security’’ and in5 serting ‘‘Commissioner of United States Customs and 

6 Border Protection, Department of Homeland Secu7 rity’’. 

8 (2) OTHER REFERENCES.—On and after the date 

9 of the enactment of this Act, any reference in law or 

10 regulations to the ‘‘Commissioner of Customs’’ or the 

11 ‘‘Commissioner of the Customs Service’’ shall be 

12 deemed to be a reference to the Commissioner of 

13 United States Customs and Border Protection. 

14 (e) CLERICAL AMENDMENT.—The table of contents in 

15 section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 

16 101 et seq.) is amended by striking the item relating to sec17 tion 411 and inserting the following new item: 

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

18 SEC. 3. REPEALS. 

19 Sections 416, 418, and 443 of the Homeland Security 

20 Act of 2002 (6 U.S.C. 216, 218, and 253), and the items 

21 relating to such sections in the table of contents in section 

22 1(b) of such Act, are repealed. 

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1 SEC. 4. CLERICAL AND CONFORMING AMENDMENTS. 

2 (a) IN GENERAL.—The Homeland Security Act of 

3 2002 (6 U.S.C. 101 et seq.) is amended— 

4 (1) in title I— 

5 (A) in section 102(f)(10) (6 U.S.C. 

6 112(f)(10)), by striking ‘‘the Directorate of Bor7 der and Transportation Security’’ and inserting 

8 ‘‘Commissioner of United States Customs and 

9 Border Protection’’; and 

10 (B) in section 103(a)(1) (6 U.S.C. 

11 113(a)(1))— 

12 (i) in subparagraph (C), by striking 

13 ‘‘An Under Secretary for Border and 

14 Transportation Security.’’ and inserting ‘‘A 

15 Commissioner of United States Customs 

16 and Border Protection.’’; and 

17 (ii) in subparagraph (G), by striking 

18 ‘‘A Director of the Office of Counter19 narcotics Enforcement.’’ and inserting ‘‘A 

20 Director for United States Immigration and 

21 Customs Enforcement.’’; 

22 (2) in title IV— 

23 (A) by striking the title heading and insert24 ing ‘‘BORDER, MARITIME, AND 

25 TRANSPORTATION SECURITY’’; and 

26 (B) in subtitle A— 

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1 (i) by striking the subtitle heading and 

2 inserting ‘‘Border, Maritime, and 

3 Transportation Security Respon4 sibilities and Functions’’; and 

5 (ii) in section 402 (6 U.S.C. 202)— 

6 (I) in the section heading, by 

7 striking ‘‘RESPONSIBILITIES’’ and 

8 inserting ‘‘BORDER, MARITIME, 

9 AND TRANSPORTATION RESPON10 SIBILITIES’’; and 

11 (II) by striking ‘‘, acting through 

12 the Under Secretary for Border and 

13 Transportation Security,’’; 

14 (C) in subtitle B— 

15 (i) by striking the subtitle heading and 

16 inserting ‘‘United States Customs 

17 and Border Protection’’; 

18 (ii) in section 412(b) (6 U.S.C. 212), 

19 by striking ‘‘United States Customs Serv20 ice’’ each place it appears and inserting 

21 ‘‘United States Customs and Border Protec22 tion’’; 

23 (iii) in section 413 (6 U.S.C. 213), by 

24 striking ‘‘available to the United States 

25 Customs Service or’’; 

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1 (iv) in section 414 (6 U.S.C. 214), by 

2 striking ‘‘United States Customs Service’’ 

3 and inserting ‘‘United States Customs and 

4 Border Protection’’; and 

5 (v) in section 415 (6 U.S.C. 215)— 

6 (I) in paragraph (7), by inserting 

7 before the colon the following: ‘‘, and of 

8 United States Customs and Border 

9 Protection on the day before the effec10 tive date of the United States Customs 

11 and Border Protection Authorization 

12 Act’’; and 

13 (II) in paragraph (8), by insert14 ing before the colon the following: ‘‘, 

15 and of United States Customs and 

16 Border Protection on the day before the 

17 effective date of the United States Cus18 toms and Border Protection Authoriza19 tion Act’’; 

20 (D) in subtitle C— 

21 (i) by striking section 424 (6 U.S.C. 

22 234) and inserting the following new sec23 tion: 

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1 ‘‘SEC. 424. PRESERVATION OF TRANSPORTATION SECURITY 

2 ADMINISTRATION AS A DISTINCT ENTITY. 

3 ‘‘Notwithstanding any other provision of this Act, the 

4 Transportation Security Administration shall be main5 tained as a distinct entity within the Department.’’; and 

6 (ii) in section 430 (6 U.S.C. 238)— 

7 (I) by amending subsection (a) to 

8 read as follows: 

9 ‘‘(a) ESTABLISHMENT.—There is established in the De10 partment an Office for Domestic Preparedness.’’; 

11 (II) in subsection (b), by striking 

12 the second sentence; and 

13 (III) in subsection (c)(7), by strik14 ing ‘‘Directorate’’ and inserting ‘‘De15 partment’’; and 

16 (E) in subtitle D— 

17 (i) in section 441 (6 U.S.C. 251)— 

18 (I) by striking the section heading 

19 and inserting ‘‘TRANSFER OF FUNC20 TIONS.’’; and 

21 (II) by striking ‘‘Under Secretary 

22 for Border and Transportation Secu23 rity’’ and inserting ‘‘Secretary’’; and 

24 (ii) by amending section 444 (6 U.S.C. 

25 254) to read as follows: 

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1 ‘‘SEC. 444. EMPLOYEE DISCIPLINE. 

2 ‘‘Notwithstanding any other provision of law, the Sec3 retary may impose disciplinary action on any employee of 

4 United States Immigration and Customs Enforcement and 

5 United States Customs and Border Protection who willfully 

6 deceives Congress or agency leadership on any matter.’’. 

7 (b) CONFORMING AMENDMENTS.—Section 401 of the 

8 Homeland Security Act of 2002 (6 U.S.C. 201) is repealed. 

9 (c) CLERICAL AMENDMENTS.—The table of contents in 

10 section 1(b) of the Homeland Security Act of 2002 is 

11 amended— 

12 (1) by striking the item relating to title IV and 

13 inserting the following: 

‘‘TITLE IV—BORDER, MARITIME, AND TRANSPORTATION SECURITY’’; 

14 (2) by striking the item relating to subtitle A of 

15 title IV and inserting the following: 

‘‘Subtitle A—Border, Maritime, and Transportation Security Responsibilities 

and Functions’’; 

16 (3) by striking the item relating to section 401; 

17 (4) by amending the item relating to section 402 

18 to read as follows: 

‘‘Sec. 402. Border, maritime, and transportation responsibilities.’’; 

19 (5) by striking the item relating to subtitle B of 

20 title IV and inserting the following: 

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‘‘Subtitle B—United States Customs and Border Protection’’; 

1 (6) by striking the item relating to section 441 

2 and inserting the following: 

‘‘Sec. 441. Transfer of functions.’’; and 

3 (7) by striking the item relating to section 442 

4 and inserting the following: 

‘‘Sec. 442. United States Immigration and Customs Enforcement.’’. 

5 SEC. 5. REPORTS AND ASSESSMENTS. 

6 (a) REPORT ON CONTRACT MANAGEMENT ACQUISITION

7 AND PROCUREMENT PERSONNEL.—Not later than 60 days 

8 after the date of the enactment of this Act and biennially 

9 thereafter, the Commissioner of United States Customs and 

10 Border Protection shall submit to the Committee on Home11 land Security of the House of Representatives and the Com12 mittee on Homeland Security and Governmental Affairs of 

13 the Senate a report on— 

14 (1) the number of contract management acquisi15 tion and procurement personnel assigned to the Office 

16 of Technology Innovation and Acquisition (or suc17 cessor office) of United States Customs and Border 

18 Protection, categorized by position; 

19 (2) the average aggregate value of the contracts 

20 each contract officer, contract specialist, and contract 

21 officer representative employee is responsible for man22 aging; and 

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1 (3) the number of additional acquisition and 

2 procurement personnel, categorized by position, and 

3 contract management specialists United States Cus4 toms and Border Protection would need to ensure 

5 compliance with Federal acquisition standards, de6 partmental management directives, and United States 

7 Customs and Border Protection contracting needs. 

8 (b) REPORT ON MIGRANT DEATHS.—Not later 180 

9 days after the date of the enactment of this Act, the Commis10 sioner of United States Customs and Border Protection 

11 shall, to the extent practicable, make publically available 

12 information that the United States Border Patrol has col13 lected on migrant deaths occurring along the United States14 Mexico border, including information on the following: 

15 (1) The number of documented migrant deaths. 

16 (2) The location where such migrant deaths oc17 curred. 

18 (3) To the extent possible, the cause of death for 

19 each migrant. 

20 (4) The extent to which border technology, phys21 ical barriers, and enforcement programs have contrib22 uted to such migrant deaths. 

23 (5) A description of United States Customs and 

24 Border Protection programs or plans to reduce the 

25 number of migrant deaths along the border, including 

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1 an assessment on the effectiveness of water supply 

2 sites and rescue beacons. 

3 (c) REPORT ON BUSINESS TRANSFORMATION INITIA4 TIVE.—Not later than 90 days after the date of the enact5 ment of this Act, the Commissioner of United States Cus6 toms and Border Protection shall submit to the Committee 

7 on Homeland Security and the Committee on Ways and 

8 Means of the House of Representatives and the Committee 

9 on Homeland Security and Governmental Affairs and the 

10 Committee on Finance of the Senate a report on United 

11 States Customs and Border Protection’s Business Trans12 formation Initiative, including locations where the Initia13 tive is deployed, the types of equipment utilized, a descrip14 tion of protocols and procedures, information on wait times 

15 at such locations since deployment, and information re16 garding the schedule for deployment at new locations. 

17 (d) REPORT ON UNACCOMPANIED ALIEN CHILDREN

18 APPREHENDED AT THE BORDER.—Not later than 90 days 

19 after the date of the enactment of this Act and annually 

20 thereafter, the Commissioner of United States Customs and 

21 Border Protection shall submit to the Committee on Home22 land Security of the House of Representatives and the Com23 mittee on Homeland Security and Governmental Affairs of 

24 the Senate a report on unaccompanied alien children apmstockstill on DSK4VPTVN1PROD with BILLS

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1 prehended at the borders of the United States. Such report 

2 shall include the following: 

3 (1) Information on the number, nationality, age, 

4 and location of the apprehensions of such unaccom5 panied alien children in the current fiscal year and 

6 for each of the three prior fiscal years. 

7 (2) The average length of time an unaccom8 panied alien child is in the custody of United States 

9 Customs and Border Protection before being trans10 ferred to the custody of another Federal agency in the 

11 current fiscal year and for each of three prior fiscal 

12 years. 

13 (3) A description of current and planned activi14 ties to discourage efforts to bring unaccompanied 

15 alien children to the United States without authoriza16 tion. 

17 (4) A description of training provided to officers 

18 and agents of United States Customs and Border Pro19 tection regarding unaccompanied alien children, in20 cluding the number of such officers and agents who 

21 are so trained. 

22 (5) An assessment of the existing officers, agents, 

23 and resources of United States Customs and Border 

24 Protection being utilized to address unaccompanied 

25 alien children. 

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1 (6) An assessment of whether current facilities 

2 utilized by United States Customs and Border Protec3 tion to house unaccompanied alien children are ade4 quate to comply with all applicable laws, regulations, 

5 and standards regarding housing, feeding, and pro6 viding medical care for such children. 

7 (7) An identification and assessment of the fac8 tors causing unaccompanied alien children to migrate 

9 to the United States, including an assessment of how 

10 perceptions of enforcement policies and economic and 

11 social conditions, including incidents of violence, in 

12 countries of origin or last habitual residence may be 

13 attributed to a rise in attempted entries into the 

14 United States. 

15 (8) Information on United States Border Patrol 

16 resources spent to care for unaccompanied alien chil17 dren in the custody of the United States Border Pa18 trol, including the number of United States Border 

19 Patrol agents assigned to care for unaccompanied 

20 alien children. 

21 (9) Future estimates of Department of Homeland 

22 Security resources needed to care for expected in23 creases in unaccompanied alien children. 

24 (10) An identification of any operational or pol25 icy challenges impacting the Department of Homemstockstill on DSK4VPTVN1PROD with BILLS

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1 land Security as a result of any expected increase in 

2 unaccompanied alien children. 

3 (11) Information on any additional resources 

4 necessary to carry out United States Customs and 

5 Border Protection’s responsibilities with respect to 

6 unaccompanied alien children. 

7 (e) PORT OF ENTRY INFRASTRUCTURE NEEDS AS8 SESSMENTS.—Not later 180 days after the date of the enact9 ment of this Act, the Commissioner of United States Cus10 toms and Border Protection shall assess the physical infra11 structure and technology needs at the 20 busiest land ports 

12 of entry (as measured by United States Customs and Bor13 der Protection) with a particular attention to identify ways 

14 to— 

15 (1) improve travel and trade facilitation; 

16 (2) reduce wait times; 

17 (3) improve physical infrastructure and condi18 tions for individuals accessing pedestrian ports of 

19 entry; 

20 (4) enter into long-term leases with nongovern21 mental and private sector entities; 

22 (5) enter into lease-purchase agreements with 

23 nongovernmental and private sector entities; and 

24 (6) achieve cost savings through leases described 

25 in paragraphs (4) and (5). 

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1 (f) UNMANNED AERIAL SYSTEMS STRATEGY.—Not 

2 later than 180 days after the date of the enactment of this 

3 Act, the Commissioner of United States Customs and Bor4 der Protection shall submit to the Committee on Homeland 

5 Security of the House of Representatives and the Committee 

6 on Homeland Security and Governmental Affairs of the 

7 Senate a strategy for its Unmanned Aerial Systems pro8 gram. Such strategy shall include, at a minimum, the fol9 lowing: 

10 (1) The mission and goals of such program. 

11 (2) The expected level of unmanned aerial sys12 tems operations. 

13 (3) The funding and anticipated stakeholder 

14 needs and resource requirements of such program. 

15 (g) REPORT ON BIOMETRIC EXIT DATA CAPABILITY AT

16 AIRPORTS.—Not later than 90 days after the date of the 

17 enactment of this Act, the Commissioner of United States 

18 Customs and Border Protection shall submit to the Com19 mittee on Homeland Security of the House of Representa20 tives and the Committee on Homeland Security and Gov21 ernmental Affairs of the Senate a report on the efforts of 

22 United States Customs and Border Protection, in conjunc23 tion with the Directorate Science and Technology of the De24 partment of Homeland Security, to evaluate technologies to 

25 provide a biometric exit capability at airports. Such report 

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1 shall include the technologies tested, the results of such tests 

2 to date, plans for any future testing, and a schedule of an3 ticipated deployment of those or other technologies. 

4 (h) CBP OFFICER TRAINING.—Not later than 90 days 

5 after the date of the enactment of this Act, the Commissioner 

6 of United States Customs and Border Protection shall sub7 mit to the Committee on Homeland Security of the House 

8 of Representatives and the Committee on Homeland Secu9 rity and Governmental Affairs of the Senate a report on 

10 the current capacity of United States Customs and Border 

11 Protection to hire, train, and deploy additional United 

12 States Customs and Border Protection officers, including 

13 an assessment of any additional resources necessary to hire, 

14 train, and deploy United States Customs and Border Pro15 tection officers to meet staffing needs, as identified by the 

16 United States Customs and Border Protection staffing 

17 model. 

18 (i) REPORT ON THE SECURITY OF UNITED STATES

19 INTERNATIONAL BORDERS.—Not later than 180 days after 

20 the date of the enactment of this Act, the Commissioner of 

21 United States Customs and Border Protection shall develop 

22 and implement specific metrics for measuring the status of 

23 security of United States international borders at and be24 tween ports of entry, including measuring the effectiveness 

25 of current border security resource allocations uniformly 

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1 across all United States Customs and Border Protection sec2 tors, informed by input from individuals and relevant 

3 stakeholders who live and work near such borders, and sub4 mit to the Committee on Homeland Security of the House 

5 of Representatives and the Committee on Homeland Secu6 rity and Governmental Affairs of the Senate a report on 

7 such metrics and such status. 

8 (j) PERSONAL SEARCHES.—Not later than 90 days 

9 after the date of the enactment of this Act, the Commissioner 

10 of United States Customs and Border Protection shall sub11 mit to the Committee on Homeland Security of the House 

12 of Representatives and the Committee on Homeland Secu13 rity and Governmental Affairs of the Senate a report on 

14 supervisor-approved personal searches conducted in the pre15 vious year by United States Customs and Border Protection 

16 personnel. Such report shall include the number of personal 

17 searches conducted in each sector and field office, the num18 ber of invasive personal searches conducted in each sector 

19 and field office, whether personal searches were conducted 

20 by Office of Field Operations or United States Border Pa21 trol personnel, and how many personal searches resulted in 

22 the discovery of contraband. 

23 SEC. 6. INTERNATIONAL INITIATIVES. 

24 (a) NORTH AND CENTRAL AMERICAN BORDER SECU25 RITY COOPERATION INITIATIVE.—The Secretary of Homemstockstill on DSK4VPTVN1PROD with BILLS

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1 land Security, in coordination with the Secretary of State, 

2 shall engage with the appropriate officials of the Govern3 ment of Canada and the Government of Mexico to assess 

4 the specific needs of the countries of Central America to 

5 maintain the security of the international borders of such 

6 countries and determine the support needed by such coun7 tries from the United States, Canada, and Mexico, to meet 

8 such needs. 

9 (b) CARIBBEAN COOPERATION INITIATIVE.—The Sec10 retary of Homeland Security, in coordination with the Sec11 retary of State, shall engage with appropriate officials of 

12 the governments of the countries of the Caribbean to estab13 lish a program to assess the specific needs of such countries 

14 to address the unique challenges of maritime border secu15 rity. 

16 (c) MEXICO’S SOUTHERN BORDER SECURITY INITIA17 TIVE.—The Secretary of Homeland Security, in coordina18 tion with the Secretary of State, shall engage with appro19 priate officials of the Government of Mexico to assess the 

20 specific needs to help secure Mexico’s southern border from 

21 undocumented aliens, drugs, weapons and other contra22 band. 

23 (d) REPORTING.—The Secretary of Homeland Secu24 rity shall submit to the Committee on Homeland Security 

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1 resentatives and the Committee on Homeland Security and 

2 Governmental Affairs and the Committee on Foreign Rela3 tions of the Senate a report on the assessment of needs car4 ried out under this section. 

5 SEC. 7. TREATMENT OF CERTAIN APPLICATIONS FOR PORT 

6 OF ENTRY STATUS. 

7 The Commissioner of United States Customs and Bor8 der Protection shall give priority consideration to an appli9 cation for port of entry status submitted by any commercial 

10 airport if such airport served at least 100,000 deplaned 

11 international passengers in the previous calendar year. 

12 SEC. 8. TRUSTED TRAVELER PROGRAMS. 

13 The Secretary of Homeland Security may not enter 

14 into or renew an agreement with the government of a for15 eign country for a trusted traveler program administered 

16 by United States Customs and Border Protection unless the 

17 Secretary certifies in writing that such government— 

18 (1) routinely submits to INTEPOL for inclusion 

19 in INTERPOL’s Stolen and Lost Travel Documents 

20 database information about lost and stolen passports 

21 and travel documents of the citizens and nationals of 

22 such country; or 

23 (2) makes available to the United States Govern24 ment the information described in paragraph (1) 

25 through another means of reporting. 

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1 SEC. 9. SENSE OF CONGRESS REGARDING THE FOREIGN 

2 LANGUAGE AWARD PROGRAM. 

3 (a) FINDINGS.—Congress finds the following: 

4 (1) Congress established the Foreign Language 

5 Award Program (FLAP) to incentivize employees at 

6 United States ports of entry to utilize their foreign 

7 language skills on the job by providing a financial in8 centive for the use of the foreign language for at least 

9 ten percent of their duties after passage of competency 

10 tests. FLAP incentivizes the use of more than two 

11 dozen languages and has been instrumental in identi12 fying and utilizing United States Customs and Bor13 der Protection officers and agents who are proficient 

14 in a foreign language. 

15 (2) In 1993, Congress provided for dedicated 

16 funding for this program by stipulating that certain 

17 fees collected by United States Customs and Border 

18 Protection to fund FLAP. 

19 (3) Through FLAP, foreign travelers are aided 

20 by having an officer at a port of entry who speaks 

21 their language, and United States Customs and Bor22 der Protection benefits by being able to focus its bor23 der security efforts in a more effective manner. 

24 (b) SENSE OF CONGRESS.—It is the sense of Congress 

25 that FLAP incentivizes United States Customs and Border 

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1 petency in a foreign language, thereby improving the effi2 ciency of operations for the functioning of United States 

3 Customs and Border Protection’s security mission, making 

4 the United States a more welcoming place when foreign 

5 travelers find officers can communicate in their language, 

6 and helping to expedite traveler processing to reduce wait 

7 times. 

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Union Calendar No. 415 

113TH CONGRESS 

2D SESSION H. R. 3846 

[Report No. 113–555, Part I] 

A BILL 

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

JULY 24, 2014 

Reported from the Committee on Homeland Security 

with an amendment 

JULY 24, 2014 

The Committee on Ways and Means discharged; comState of the Union and ordered to be printed mitted to the Committee of the Whole House on the 

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