IIB 

113TH CONGRESS 

2D SESSION H. R. 3846 

IN THE SENATE OF THE UNITED STATES 

JULY 29, 2014 

Received; read twice and referred to the Committee on Homeland Security and 

Governmental Affairs 

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. 

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


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1 SECTION 1. SHORT TITLE. 

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

3 and Border Protection Authorization Act’’. 

4 SEC. 2. ESTABLISHMENT OF UNITED STATES CUSTOMS AND 

5 BORDER PROTECTION. 

6 (a) IN GENERAL.—Section 411 of the Homeland Se7 curity Act of 2002 (6 U.S.C. 211) is amended to read 

8 as follows: 

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

10 AND BORDER PROTECTION; COMMISSIONER, 

11 DEPUTY COMMISSIONER, AND OPERATIONAL 

12 OFFICES. 

13 ‘‘(a) IN GENERAL.—There is established in the De14 partment an agency to be known as United States Cus15 toms and Border Protection. 

16 ‘‘(b) COMMISSIONER OF UNITED STATES CUSTOMS

17 AND BORDER PROTECTION.—There shall be at the head 

18 of United States Customs and Border Protection a Com19 missioner of United States Customs and Border Protec20 tion (in this section referred to as the ‘Commissioner’), 

21 who shall be appointed by the President, by and with the 

22 advice and consent of the Senate. 

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

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

25 goods illegally entering or exiting the United States; 


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1 ‘‘(2) facilitate and expedite the flow of legiti2 mate travelers and trade; 

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

4 drug smugglers and traffickers, human smugglers 

5 and traffickers, and other persons who may under6 mine the security of the United States, in cases in 

7 which such persons are entering, or have recently 

8 entered, 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 

12 International Trade established under section 402 of 

13 the Security and Accountability for Every Port Act 

14 of 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)), as necessary for the inspec21 tion, processing, and admission of persons who seek 

22 to enter or depart the United States, and as nec23 essary to ensure the detection, interdiction, removal, 

24 departure from the United States, short-term deten25 tion, and transfer of persons unlawfully entering, or 


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1 who have recently unlawfully entered, the United 

2 States, in coordination with United States Immigra3 tion and Customs Enforcement and United States 

4 Citizenship and Immigration Services; 

5 ‘‘(8) develop and implement screening and tar6 geting capabilities, including the screening, review7 ing, identifying, and prioritizing of passengers and 

8 cargo across all international modes of transpor9 tation, both inbound and outbound; 

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

11 agricultural import and entry inspection referred to 

12 in section 421; 

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

14 technology to collect the data necessary for the Sec15 retary to administer the biometric entry and exit 

16 data system pursuant to section 7208 of the Intel17 ligence Reform and Terrorism Prevention Act of 

18 2004 (8 U.S.C. 1365b); 

19 ‘‘(11) In coordination with the Under Secretary 

20 for Management of the Department, ensure United 

21 States Customs and Border Protection complies with 

22 Federal law, the Federal Acquisition Regulation, and 

23 the Department’s acquisition management directives 

24 for major acquisition programs of United States 

25 Customs and Border Protection; 


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1 ‘‘(12) enforce and administer— 

2 ‘‘(A) the Container Security Initiative pro3 gram under section 205 of the Security and Ac4 countability for Every Port Act of 2006 (6 

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

6 ‘‘(B) the Customs-Trade Partnership 

7 Against Terrorism program under sections 211 

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

9 ‘‘(13) establish the standard operating proce10 dures described in subsection (k); 

11 ‘‘(14) carry out the training required under 

12 subsection (l); and 

13 ‘‘(15) carry out other duties and powers pre14 scribed by law or delegated by the Secretary. 

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

16 United States Customs and Border Protection a Deputy 

17 Commissioner who shall assist the Commissioner in the 

18 management of United States Customs and Border Pro19 tection. 

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

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

22 United States Customs and Border Protection the 

23 United States Border Patrol. 

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

25 United States Border Patrol a Chief, who shall be 


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1 a uniformed law enforcement officer chosen from the 

2 ranks of the United States Border Patrol and who 

3 shall report to the Commissioner. 

4 ‘‘(3) DUTIES.—The United States Border Pa5 trol shall— 

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

7 United States Customs and Border Protection 

8 with primary responsibility for interdicting per9 sons attempting to illegally enter or exit the 

10 United States or goods being illegally imported 

11 to or exported from the United States at a 

12 place other than a designated port of entry; 

13 ‘‘(B) deter and prevent illegal entry of ter14 rorists, terrorist weapons, persons, and contra15 band; and 

16 ‘‘(C) carry out other duties and powers 

17 prescribed by the Commissioner. 

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

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

20 United States Customs and Border Protection an 

21 Office of Air and Marine Operations. 

22 ‘‘(2) ASSISTANT COMMISSIONER.—There shall 

23 be at the head of the Office of Air and Marine Oper24 ations an Assistant Commissioner, who shall report 

25 to the Commissioner. 


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

2 Operations shall— 

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

4 within United States Customs and Border Pro5 tection with primary responsibility to detect, 

6 interdict, and prevent acts of terrorism and the 

7 unlawful movement of people, illicit drugs, and 

8 other contraband across the borders of the 

9 United States in the air and maritime environ10 ment; 

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

12 and operational use of United States Customs 

13 and Border Protection integrated air and ma14 rine forces; 

15 ‘‘(C) provide aviation and marine support 

16 for other Federal, State, and local law enforce17 ment agency needs, as appropriate; and 

18 ‘‘(D) carry out other duties and powers 

19 prescribed by the Commissioner. 

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

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

22 United States Customs and Border Protection an 

23 Office of Field Operations. 

24 ‘‘(2) ASSISTANT COMMISSIONER.—There shall 

25 be at the head of the Office of Field Operations an 


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1 Assistant Commissioner, who shall report to the 

2 Commissioner. 

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

4 shall coordinate the enforcement activities of United 

5 States Customs and Border Protection at United 

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

7 ‘‘(A) deter and prevent terrorists and ter8 rorist weapons from entering the United States 

9 at such ports of entry; 

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

11 entry to safeguard the United States from ter12 rorism and illegal entry of persons; 

13 ‘‘(C) prevent illicit drugs, agricultural 

14 pests, and contraband from entering the United 

15 States; 

16 ‘‘(D) in coordination with the Commis17 sioner, facilitate and expedite the flow of legiti18 mate travelers and trade; 

19 ‘‘(E) administer the National Targeting 

20 Center established under paragraph (4); and 

21 ‘‘(F) carry out other duties and powers 

22 prescribed by the Commissioner. 

23 ‘‘(4) NATIONAL TARGETING CENTER.— 


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

2 the Office of Field Operations a National Tar3 geting Center. 

4 ‘‘(B) EXECUTIVE DIRECTOR.—There shall 

5 be at the head of the National Targeting Center 

6 an Executive Director, who shall report to the 

7 Assistant Commissioner of the Office of Field 

8 Operations. 

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

10 Center shall— 

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

12 targeting operations within United States 

13 Customs and Border Protection to collect 

14 and analyze traveler and cargo information 

15 in advance of arrival in the United States; 

16 ‘‘(ii) identify, review, and target trav17 elers and cargo for examination; 

18 ‘‘(iii) coordinate the examination of 

19 entry and exit of travelers and cargo; and 

20 ‘‘(iv) carry out other duties and pow21 ers prescribed by the Assistant Commis22 sioner. 

23 ‘‘(5) ANNUAL REPORT ON STAFFING.—Not 

24 later than 30 days after the date of the enactment 

25 of this section and annually thereafter, the Assistant 


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1 Commissioner shall submit to the appropriate con2 gressional committees a report on the staffing model 

3 for the Office of Field Operations, including infor4 mation on how many supervisors, front-line United 

5 States Customs and Border Protection officers, and 

6 support personnel are assigned to each Field Office 

7 and port of entry. 

8 ‘‘(h) OFFICE OF INTELLIGENCE AND INVESTIGATIVE

9 LIAISON.— 

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

11 United States Customs and Border Protection an 

12 Office of Intelligence and Investigative Liaison. 

13 ‘‘(2) ASSISTANT COMMISSIONER.—There shall 

14 be at the head of the Office of Intelligence and In15 vestigative Liaison an Assistant Commissioner, who 

16 shall report to the Commissioner. 

17 ‘‘(3) DUTIES.—The Office of Intelligence and 

18 Investigative Liaison shall— 

19 ‘‘(A) develop, provide, coordinate, and im20 plement intelligence capabilities into a cohesive 

21 intelligence enterprise to support the execution 

22 of the United States Customs and Border Pro23 tection duties and responsibilities; 

24 ‘‘(B) collect and analyze advance traveler 

25 and cargo information; 


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

2 Chief Intelligence Officer of the Department, as 

3 appropriate, intelligence-sharing relationships 

4 with Federal, State, local, and tribal agencies 

5 and intelligence agencies; and 

6 ‘‘(D) carry out other duties and powers 

7 prescribed by the Commissioner. 

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

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

10 United States Customs and Border Protection an 

11 Office of International Affairs. 

12 ‘‘(2) ASSISTANT COMMISSIONER.—There shall 

13 be at the head of the Office of International Affairs 

14 an Assistant Commissioner, who shall report to the 

15 Commissioner. 

16 ‘‘(3) DUTIES.—The Office of International Af17 fairs, in collaboration with the Office of Inter18 national Affairs of the Department, shall— 

19 ‘‘(A) coordinate and support United States 

20 Customs and Border Protection’s foreign initia21 tives, policies, programs, and activities; 

22 ‘‘(B) coordinate and support United States 

23 Customs and Border Protection’s personnel sta24 tioned abroad; 


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1 ‘‘(C) maintain partnerships and informa2 tion sharing agreements and arrangements with 

3 foreign governments, international organiza4 tions, and United States agencies in support of 

5 United States Customs and Border Protection 

6 duties and responsibilities; 

7 ‘‘(D) provide necessary capacity building, 

8 training, and assistance to foreign border con9 trol agencies to strengthen global supply chain 

10 and travel security; 

11 ‘‘(E) coordinate mission support services to 

12 sustain United States Customs and Border Pro13 tection’s global activities; 

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

15 Office of Policy of the Department, as appro16 priate, United States Customs and Border Pro17 tection’s engagement in international negotia18 tions; and 

19 ‘‘(G) carry out other duties and powers 

20 prescribed by the Commissioner. 

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

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

23 United States Customs and Border Protection an 

24 Office of Internal Affairs. 


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1 ‘‘(2) ASSISTANT COMMISSIONER.—There shall 

2 be at the head of the Office of Internal Affairs an 

3 Assistant Commissioner, who shall report to the 

4 Commissioner. 

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

6 shall— 

7 ‘‘(A) investigate criminal and administra8 tive matters and misconduct by officers, agents, 

9 and other employees of United States Customs 

10 and Border Protection; 

11 ‘‘(B) perform investigations of United 

12 States Customs and Border Protection appli13 cants and periodic reinvestigations (in accord14 ance with section 3001 of the Intelligence Re15 form and Terrorism Prevention Act of 2004 (50 

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

17 agents, and other employees of United States 

18 Custom and Border Protection, including inves19 tigations to determine suitability for employ20 ment and eligibility for access to classified in21 formation; 

22 ‘‘(C) conduct polygraph examinations in 

23 accordance with section 3(1) of the Anti-Border 

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


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1 ‘‘(D) perform inspections of United States 

2 Customs and Border Protection programs, op3 erations, and offices; 

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

5 United States Customs and Border Protection 

6 operations, including for nuclear and radio7 logical risks; 

8 ‘‘(F) manage integrity of United States 

9 Customs and Border Protection counter-intel10 ligence operations, including conduct of 

11 counter-intelligence investigations; 

12 ‘‘(G) conduct research and analysis regard13 ing misconduct of officers, agents, and other 

14 employees of United States Customs and Bor15 der Protection; and 

16 ‘‘(H) carry out other duties and powers 

17 prescribed by the Commissioner. 

18 ‘‘(k) STANDARD OPERATING PROCEDURES.— 

19 ‘‘(1) IN GENERAL.—The Commissioner shall es20 tablish— 

21 ‘‘(A) standard operating procedures for 

22 searching, reviewing, retaining, and sharing in23 formation contained in communication, elec24 tronic, or digital devices encountered by United 


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1 States Customs and Border Protection per2 sonnel at United States ports of entry; 

3 ‘‘(B) standard use of force procedures offi4 cers and agents of United States Customs and 

5 Border Protection may employ in the execution 

6 of their duties, including the use of deadly force 

7 and procedures for deescalating confrontations, 

8 where possible; 

9 ‘‘(C) a uniform, standardized, and pub10 lically-available procedure for processing and in11 vestigating complaints against officers, agents, 

12 and employees of United States Customs and 

13 Border Protection for violations of professional 

14 conduct, including the timely disposition of 

15 complaints and a written notification to the 

16 complainant of the status or outcome, as appro17 priate, of the related investigation, in accord18 ance with section 552a of title 5, United States 

19 Code (commonly referred to as the ‘Privacy 

20 Act’ or the ‘Privacy Act of 1974’); 

21 ‘‘(D) an internal, uniform reporting mech22 anism regarding incidents involving the use of 

23 deadly force by an officer or agent of United 

24 States Customs and Border Protection, includ25 ing an evaluation of the degree to which the 


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1 procedures required under subparagraph (B) 

2 were followed; and 

3 ‘‘(E) standard operating procedures, acting 

4 through the Assistant Commissioner for Air 

5 and Marine Operations and in coordination 

6 with the Office of Civil Rights and Civil Lib7 erties and the Office of Privacy of the Depart8 ment, to provide command, control, communica9 tion, surveillance, and reconnaissance assistance 

10 through the use of unmanned aerial systems, 

11 including the establishment of— 

12 ‘‘(i) a process for other Federal, 

13 State, and local law enforcement agencies 

14 to submit mission requests; 

15 ‘‘(ii) a formal procedure to determine 

16 whether to approve or deny such a mission 

17 request; 

18 ‘‘(iii) a formal procedure to determine 

19 how such mission requests are prioritized 

20 and coordinated; 

21 ‘‘(iv) a process for establishing agree22 ments with other Federal, State, and local 

23 law enforcement agencies regarding reim24 bursement for such mission costs; and 


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1 ‘‘(v) a process regarding the protec2 tion and privacy of data and images col3 lected by United States Customs and Bor4 der Protection through the use of un5 manned aerial systems. 

6 ‘‘(2) REQUIREMENTS REGARDING CERTAIN NO7 TIFICATIONS.—The standard operating procedures 

8 established pursuant to subparagraph (A) of para9 graph (1) shall require— 

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

11 conducted on an electronic device by United 

12 States Customs and Border Protection per13 sonnel, the Commissioner to notify the indi14 vidual subject to such search of the purpose 

15 and authority for such search, and how such in16 dividual may obtain information on reporting 

17 concerns about such search; and 

18 ‘‘(B) in the case of information collected 

19 by United States Customs and Border Protec20 tion through a search of an electronic device, if 

21 such information is transmitted to another Fed22 eral agency for subject matter assistance, trans23 lation, or decryption, the Commissioner to no24 tify the individual subject to such search of 

25 such transmission. 


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1 ‘‘(3) EXCEPTIONS.— 

2 ‘‘(A) IN GENERAL.—The Commissioner 

3 may withhold the notifications required under 

4 paragraphs (1)(C) and (2) if the Commissioner 

5 determines that such notifications would impair 

6 national security, law enforcement, or other 

7 operational interests. 

8 ‘‘(B) TERRORIST WATCH LISTS.— 

9 ‘‘(i) SEARCHES.—If the individual 

10 subject to search of an electronic device 

11 pursuant to subparagraph (A) of para12 graph (1) is included on a Government-op13 erated or Government-maintained terrorist 

14 watch list, the notifications required under 

15 paragraph (2) shall not apply. 

16 ‘‘(ii) COMPLAINTS.—If the complain17 ant using the process established under 

18 subparagraph (C) of paragraph (1) is in19 cluded on a Government-operated or Gov20 ernment-maintained terrorist watch list, 

21 the notification required under such sub22 paragraph shall not apply. 

23 ‘‘(4) UPDATE AND REVIEW.—The Commis24 sioner shall review and update every three years the 


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1 standard operating procedures required under this 

2 subsection. 

3 ‘‘(5) AUDITS.—The Inspector General of the 

4 Department of Homeland Security shall develop and 

5 annually administer an auditing mechanism to re6 view whether searches of electronic devices at or be7 tween United States ports of entry are being con8 ducted in conformity with the standard operating 

9 procedures required under subparagraph (A) of 

10 paragraph (1). Such audits shall be submitted to the 

11 appropriate congressional committees and shall in12 clude the following: 

13 ‘‘(A) A description of the activities of offi14 cers and agents of United States Customs and 

15 Border Protection with respect to such 

16 searches. 

17 ‘‘(B) The number of such searches. 

18 ‘‘(C) The number of instances in which in19 formation contained in such devices that were 

20 subjected to such searches was retained, copied, 

21 shared, or entered in an electronic database. 

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

23 as the result of such searches. 

24 ‘‘(E) The number of instances in which in25 formation collected from such device was subVerDate Mar 15 2010 03:09 Aug 02, 2014 Jkt 039060 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H3846.RFS H3846

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1 jected to such searches was transmitted to a 

2 another Federal agency, including whether such 

3 transmission resulted in a prosecution or con4 viction. 

5 ‘‘(6) REQUIREMENTS REGARDING OTHER NOTI6 FICATIONS.—The standard operating procedures es7 tablished pursuant to subparagraph (B) of para8 graph (1) shall require— 

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

10 of deadly force by United States Customs and 

11 Border Protection personnel, the Commissioner 

12 to notify the appropriate congressional commit13 tees; and 

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

15 committees a copy of the evaluation pursuant to 

16 subparagraph (D) of such paragraph not later 

17 than 30 days after completion of such evalua18 tion. 

19 ‘‘(6) REPORT ON UNMANNED AERIAL SYS20 TEMS.—The Commissioner shall submit to the ap21 propriate congressional committees an annual report 

22 that reviews whether the use of unmanned aerial 

23 systems are being conducted in conformity with the 

24 standard operating procedures required under sub25 paragraph (E) of paragraph (1). Such reports— 


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1 ‘‘(A) shall be submitted with the Presi2 dent’s annual budget; 

3 ‘‘(B) may be submitted in classified form 

4 if the Commissioner determines that such is ap5 propriate, and 

6 ‘‘(C) shall include— 

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

8 where, and for how long data and images 

9 collected through the use of unmanned aer10 ial systems by United States Customs and 

11 Border Protection is collected and stored; 

12 and 

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

14 law enforcement agencies that submitted 

15 mission requests in the previous year and 

16 the disposition of such requests. 

17 ‘‘(l) TRAINING.— 

18 ‘‘(1) IN GENERAL.—The Commissioner shall re19 quire all agents and officers of United States Cus20 toms and Border Protection to participate in a spec21 ified amount of continuing education (to be deter22 mined by the Commissioner) to maintain an under23 standing of Federal legal rulings, court decisions, 

24 and departmental policies, procedures, and guide25 lines. 


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

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

3 the Commissioner shall develop a database system 

4 that identifies for each United States Customs and 

5 Border Protection officer or agent, by port of entry 

6 or station— 

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

8 time allocated during on-duty hours within 

9 which training must be completed; 

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

11 duration of training and the average amount of 

12 time an officer must be absent from work to 

13 complete such training course; and 

14 ‘‘(C) certification of each training course 

15 by a supervising officer that the officer is able 

16 to carry out the function for which the training 

17 was provided, and if training has been post18 poned, the basis for postponing such training. 

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

20 use the information developed under paragraph (2) 

21 to— 

22 ‘‘(A) develop training requirements for 

23 United States Customs and Border Protection 

24 officers to ensure that such officers have suffi25 cient training to conduct primary and secVerDate Mar 15 2010 03:09 Aug 02, 2014 Jkt 039060 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H3846.RFS H3846

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1 ondary inspections at Untied States ports of 

2 entry; and 

3 ‘‘(B) measure progress toward achieving 

4 the training requirements referred to in sub5 paragraph (A). 

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

7 ‘‘(1) ACCESS TO FOOD AND WATER.—The Com8 missioner shall make every effort to ensure that ade9 quate access to food and water is provided to an in10 dividual apprehended and detained by a United 

11 States Border Patrol agent between a United States 

12 port of entry as soon as practicable following the 

13 time of such apprehension or during subsequent 

14 short term detention. 

15 ‘‘(2) ACCESS TO INFORMATION ON DETAINEE

16 RIGHTS AT BORDER PATROL PROCESSING CEN17 TERS.— 

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

19 shall ensure that an individual apprehended by 

20 a United States Border Patrol agent is provided 

21 with information concerning such individual’s 

22 rights, including the right to contact a rep23 resentative of such individual’s government for 

24 purposes of United States treaty obligations. 


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

2 in subparagraph (A) may be provided either 

3 verbally or in writing, and shall be posted in the 

4 detention holding cell in which such individual 

5 is being held. The information shall be provided 

6 in a language understandable to such indi7 vidual. 

8 ‘‘(3) DAYTIME REPATRIATION.—When prac9 ticable, repatriations shall be limited to daylight 

10 hours and avoid locations that are determined to 

11 have high indices of crime and violence. 

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

13 this subsection, the term ‘short term detention’ 

14 means detention in a United States Border Patrol 

15 processing center for 72 hours or less, before repa16 triation to a country of nationality or last habitual 

17 residence. 

18 ‘‘(5) REPORT ON PROCUREMENT PROCESS AND

19 STANDARDS.—Not later than 180 days after the 

20 date of the enactment of this section, the Comp21 troller General of the United States shall submit to 

22 the appropriate congressional committees a report 

23 on the procurement process and standards of enti24 ties with which United States Customs and Border 

25 Protection has contracts for the transportation and 


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1 detention of individuals apprehended by agents or 

2 officers of United States Customs and Border Pro3 tection. Such report should also consider the oper4 ational efficiency of contracting the transportation 

5 and detention of such individuals. 

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

7 CUSTODY FACILITIES.—The Commissioner shall— 

8 ‘‘(A) annually inspect all facilities utilized 

9 for short term detention; and 

10 ‘‘(B) make publically available information 

11 collected pursuant to such inspections, including 

12 information regarding the requirements under 

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

14 issue recommendations to improve the condi15 tions of such facilities. 

16 ‘‘(n) WAIT TIMES TRANSPARENCY.— 

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

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

19 United States airports that support the highest 

20 volume of international travel (as determined by 

21 available Federal flight data); 

22 ‘‘(B) make information about such wait 

23 times available to the public in real time 

24 through the United States Customs and Border 

25 Protection Web site; 


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1 ‘‘(C) submit to the appropriate congres2 sional committees quarterly reports that include 

3 compilations of all such wait times and a rank4 ing of such United States airports by wait 

5 times; and 

6 ‘‘(D) provide adequate staffing at the 

7 United States Customs and Border Protection 

8 information center to ensure timely access for 

9 travelers attempting to submit comments or 

10 speak with a representative about their entry 

11 experiences. 

12 ‘‘(2) CALCULATION.—The wait times referred 

13 to in paragraph (1)(A) shall be determined by calcu14 lating the time elapsed between an individual’s entry 

15 into the United States Customs and Border Protec16 tion inspection area and such individual’s clearance 

17 by a United States Customs and Border Protection 

18 officer. 

19 ‘‘(o) OTHER AUTHORITIES.— 

20 ‘‘(1) IN GENERAL.—The Secretary may estab21 lish such other offices or Assistant Commissioners 

22 (or other similar officers or officials) as the Sec23 retary determines necessary to carry out the mis24 sions, duties, functions, and authorities of United 

25 States Customs and Border Protection. 


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

2 the authority provided pursuant to paragraph (1), 

3 the Secretary shall notify the appropriate congres4 sional committees not later than 30 days before ex5 ercising such authority. 

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

7 section may be construed as affecting in any manner the 

8 existing authority of any other Federal agency, including 

9 the Transportation Security Administration with respect 

10 to the duties of United States Customs and Border Pro11 tection described in subsection (c).’’. 

12 (b) SPECIAL RULES.— 

13 (1) TREATMENT.—Section 411 of the Home14 land Security Act of 2002, as amended by subsection 

15 (a) of this section, shall be treated as if included in 

16 such Act as of the date of the enactment of such 

17 Act, and, in addition to the functions, missions, du18 ties, and authorities specified in such amended sec19 tion 411, United States Customs and Border Protec20 tion shall continue to perform and carry out the 

21 functions, missions, duties, and authorities under 

22 section 411 of such Act as in existence on the day 

23 before such date of enactment, and section 415 of 

24 such Act. 

25 (2) RULES OF CONSTRUCTION.— 


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1 (A) RULES AND REGULATIONS.—Notwith2 standing paragraph (1), nothing in this Act 

3 may be construed as affecting in any manner 

4 any rule or regulation issued or promulgated 

5 pursuant to any provision of law, including sec6 tion 411 of the Homeland Security Act of 2002 

7 as in existence on the day before the date of the 

8 enactment of this Act, and any such rule or 

9 regulation shall continue to have full force and 

10 effect on and after such date. 

11 (B) OTHER ACTIONS.—Notwithstanding 

12 paragraph (1), nothing in this Act may be con13 strued as affecting in any manner any action, 

14 determination, policy, or decision pursuant to 

15 section 411 of the Homeland Security Act of 

16 2002 as in existence on the day before the date 

17 of the enactment of this Act, and any such ac18 tion, determination, policy, or decision shall 

19 continue to have full force and effect on and 

20 after such date. 

21 (c) CONTINUATION IN OFFICE.— 

22 (1) COMMISSIONER.—The individual serving as 

23 the Commissioner of Customs on the day before the 

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

25 Commissioner of United States Customs and Border 


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1 Protection on and after such date of enactment until 

2 a Commissioner of United States Customs and Bor3 der Protection is appointed under section 411 of the 

4 Homeland Security Act of 2002, as amended by sub5 section (a) of this section. 

6 (2) OTHER POSITIONS.—The individuals serv7 ing as Assistant Commissioners and other officers 

8 and officials under section 411 of the Homeland Se9 curity Act of 2002 on the day before the date of the 

10 enactment of this Act may serve as the appropriate 

11 Assistant Commissioners and other officers and offi12 cials under such section 411 as amended by sub13 section (a) of this section unless the Commissioner 

14 of United States Customs and Border Protection de15 termines that another individual should hold such 

16 position or positions. 

17 (d) REFERENCE.— 

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

19 States Code, is amended by striking ‘‘Commissioner 

20 of Customs, Department of Homeland Security’’ and 

21 inserting ‘‘Commissioner of United States Customs 

22 and Border Protection, Department of Homeland 

23 Security’’. 

24 (2) OTHER REFERENCES.—On and after the 

25 date of the enactment of this Act, any reference in 


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1 law or regulations to the ‘‘Commissioner of Cus2 toms’’ or the ‘‘Commissioner of the Customs Serv3 ice’’ shall be deemed to be a reference to the Com4 missioner of United States Customs and Border 

5 Protection. 

6 (e) CLERICAL AMENDMENT.—The table of contents 

7 in section 1(b) of the Homeland Security Act of 2002 (6 

8 U.S.C. 101 et seq.) is amended by striking the item relat9 ing 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.’’. 

10 SEC. 3. REPEALS. 

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

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

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

14 1(b) of such Act, are repealed. 

15 SEC. 4. CLERICAL AND CONFORMING AMENDMENTS. 

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

17 2002 (6 U.S.C. 101 et seq.) is amended— 

18 (1) in title I— 

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

20 112(f)(10)), by striking ‘‘the Directorate of 

21 Border and Transportation Security’’ and in22 serting ‘‘Commissioner of United States Cus23 toms and Border Protection’’; and 


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

2 113(a)(1))— 

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

4 ‘‘An Under Secretary for Border and 

5 Transportation Security.’’ and inserting 

6 ‘‘A Commissioner of United States Cus7 toms and Border Protection.’’; and 

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

9 ‘‘A Director of the Office of Counter10 narcotics Enforcement.’’ and inserting ‘‘A 

11 Director for United States Immigration 

12 and Customs Enforcement.’’; and 

13 (2) in title IV— 

14 (A) by striking the title heading and in15 serting ‘‘BORDER, MARITIME, AND 

16 TRANSPORTATION SECURITY’’; 

17 (B) in subtitle A— 

18 (i) by striking the subtitle heading 

19 and inserting ‘‘Border, Maritime, and 

20 Transportation Security Respon21 sibilities and Functions’’; and 

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

23 (I) in the section heading, by 

24 striking ‘‘RESPONSIBILITIES’’ and 

25 inserting ‘‘BORDER, MARITIME, 


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1 AND TRANSPORTATION RESPON2 SIBILITIES’’; and 

3 (II) by striking ‘‘, acting through 

4 the Under Secretary for Border and 

5 Transportation Security,’’; 

6 (C) in subtitle B— 

7 (i) by striking the subtitle heading 

8 and inserting ‘‘United States Cus9 toms and Border Protection’’; 

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

11 by striking ‘‘United States Customs Serv12 ice’’ each place it appears and inserting 

13 ‘‘United States Customs and Border Pro14 tection’’; 

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

16 striking ‘‘available to the United States 

17 Customs Service or’’; 

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

19 striking ‘‘United States Customs Service’’ 

20 and inserting ‘‘United States Customs and 

21 Border Protection’’; and 

22 (v) in section 415 (6 U.S.C. 215)— 

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

24 before the colon the following: ‘‘, and 

25 of United States Customs and Border 


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1 Protection on the day before the effec2 tive date of the United States Cus3 toms and Border Protection Author4 ization Act’’; and 

5 (II) in paragraph (8), by insert6 ing before the colon the following: ‘‘, 

7 and of United States Customs and 

8 Border Protection on the day before 

9 the effective date of the United States 

10 Customs and Border Protection Au11 thorization Act’’; 

12 (D) in subtitle C— 

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

14 234) and inserting the following new sec15 tion: 

16 ‘‘SEC. 424. PRESERVATION OF TRANSPORTATION SECURITY 

17 ADMINISTRATION AS A DISTINCT ENTITY. 

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

19 Transportation Security Administration shall be main20 tained as a distinct entity within the Department.’’; and 

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

22 (I) by amending subsection (a) to 

23 read as follows: 

24 ‘‘(a) ESTABLISHMENT.—There is established in the 

25 Department an Office for Domestic Preparedness.’’; 


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

2 the second sentence; and 

3 (III) in subsection (c)(7), by 

4 striking ‘‘Directorate’’ and inserting 

5 ‘‘Department’’; and 

6 (E) in subtitle D— 

7 (i) in section 441 (6 U.S.C. 251)— 

8 (I) by striking the section head9 ing and inserting ‘‘TRANSFER OF

10 FUNCTIONS’’; and 

11 (II) by striking ‘‘Under Secretary 

12 for Border and Transportation Secu13 rity’’ and inserting ‘‘Secretary’’; and 

14 (ii) by amending section 444 (6 

15 U.S.C. 254) to read as follows: 

16 ‘‘SEC. 444. EMPLOYEE DISCIPLINE. 

17 ‘‘Notwithstanding any other provision of law, the Sec18 retary may impose disciplinary action on any employee of 

19 United States Immigration and Customs Enforcement and 

20 United States Customs and Border Protection who will21 fully deceives Congress or agency leadership on any mat22 ter.’’. 

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

24 Homeland Security Act of 2002 (6 U.S.C. 201) is re25 pealed. 


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1 (c) CLERICAL AMENDMENTS.—The table of contents 

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

3 amended— 

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

5 inserting the following: 

‘‘TITLE IV—BORDER, MARITIME, AND TRANSPORTATION 

SECURITY’’; 

6 (2) by striking the item relating to subtitle A 

7 of title IV and inserting the following: 

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

and Functions’’; 

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

9 (4) by striking the item relating to subtitle B 

10 of title IV and inserting the following: 

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

11 (5) by striking the item relating to section 441 

12 and inserting the following: 

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

13 and 

14 (6) by striking the item relating to section 442 

15 and inserting the following: 

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

16 SEC. 5. REPORTS AND ASSESSMENTS. 

17 (a) REPORT ON CONTRACT MANAGEMENT ACQUISI18 TION AND PROCUREMENT PERSONNEL.—Not later than 

19 60 days after the date of the enactment of this Act and 

20 biennially thereafter, the Commissioner of United States 


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1 Customs and Border Protection shall submit to the Com2 mittee on Homeland Security of the House of Representa3 tives and the Committee on Homeland Security and Gov4 ernmental Affairs of the Senate a report on— 

5 (1) the number of contract management acqui6 sition and procurement personnel assigned to the 

7 Office of Technology Innovation and Acquisition (or 

8 successor office) of United States Customs and Bor9 der Protection, categorized by position; 

10 (2) the average aggregate value of the contracts 

11 each contract officer, contract specialist, and con12 tract officer representative employee is responsible 

13 for managing; and 

14 (3) the number of additional acquisition and 

15 procurement personnel, categorized by position, and 

16 contract management specialists United States Cus17 toms and Border Protection would need to ensure 

18 compliance with Federal acquisition standards, de19 partmental management directives, and United 

20 States Customs and Border Protection contracting 

21 needs. 

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

23 days after the date of the enactment of this Act, the Com24 missioner of United States Customs and Border Protec25 tion shall, to the extent practicable, make publically availVerDate Mar 15 2010 03:09 Aug 02, 2014 Jkt 039060 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\H3846.RFS H3846

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1 able information that the United States Border Patrol has 

2 collected on migrant deaths occurring along the United 

3 States-Mexico border, including information on the fol4 lowing: 

5 (1) The number of documented migrant deaths. 

6 (2) The location where such migrant deaths oc7 curred. 

8 (3) To the extent possible, the cause of death 

9 for each migrant. 

10 (4) The extent to which border technology, 

11 physical barriers, and enforcement programs have 

12 contributed to such migrant deaths. 

13 (5) A description of United States Customs and 

14 Border Protection programs or plans to reduce the 

15 number of migrant deaths along the border, includ16 ing an assessment on the effectiveness of water sup17 ply sites and rescue beacons. 

18 (c) REPORT ON BUSINESS TRANSFORMATION INITIA19 TIVE.—Not later than 90 days after the date of the enact20 ment of this Act, the Commissioner of United States Cus21 toms and Border Protection shall submit to the Committee 

22 on Homeland Security and the Committee on Ways and 

23 Means of the House of Representatives and the Committee 

24 on Homeland Security and Governmental Affairs and the 

25 Committee on Finance of the Senate a report on United 


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1 States Customs and Border Protection’s Business Trans2 formation Initiative, including locations where the Initia3 tive is deployed, the types of equipment utilized, a descrip4 tion of protocols and procedures, information on wait 

5 times at such locations since deployment, and information 

6 regarding the schedule for deployment at new locations. 

7 (d) REPORT ON UNACCOMPANIED ALIEN CHILDREN

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

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

10 thereafter, the Commissioner of United States Customs 

11 and Border Protection shall submit to the Committee on 

12 Homeland Security of the House of Representatives and 

13 the Committee on Homeland Security and Governmental 

14 Affairs of the Senate a report on unaccompanied alien 

15 children apprehended at the borders of the United States. 

16 Such report shall include the following: 

17 (1) Information on the number, nationality, 

18 age, and location of the apprehensions of such unac19 companied alien children in the current fiscal year 

20 and for each of the three prior fiscal years. 

21 (2) The average length of time an unaccom22 panied alien child is in the custody of United States 

23 Customs and Border Protection before being trans24 ferred to the custody of another Federal agency in 


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1 the current fiscal year and for each of three prior 

2 fiscal years. 

3 (3) A description of current and planned activi4 ties to discourage efforts to bring unaccompanied 

5 alien children to the United States without author6 ization. 

7 (4) A description of training provided to offi8 cers and agents of United States Customs and Bor9 der Protection regarding unaccompanied alien chil10 dren, including the number of such officers and 

11 agents who are so trained. 

12 (5) An assessment of the existing officers, 

13 agents, and resources of United States Customs and 

14 Border Protection being utilized to address unac15 companied alien children. 

16 (6) An assessment of whether current facilities 

17 utilized by United States Customs and Border Pro18 tection to house unaccompanied alien children are 

19 adequate to comply with all applicable laws, regula20 tions, and standards regarding housing, feeding, and 

21 providing medical care for such children. 

22 (7) An identification and assessment of the fac23 tors causing unaccompanied alien children to mi24 grate to the United States, including an assessment 

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1 nomic and social conditions, including incidents of 

2 violence, in countries of origin or last habitual resi3 dence may be attributed to a rise in attempted en4 tries into the United States. 

5 (8) Information on United States Border Patrol 

6 resources spent to care for unaccompanied alien chil7 dren in the custody of the United States Border Pa8 trol, including the number of United States Border 

9 Patrol agents assigned to care for unaccompanied 

10 alien children. 

11 (9) Future estimates of Department of Home12 land Security resources needed to care for expected 

13 increases in unaccompanied alien children. 

14 (10) An identification of any operational or pol15 icy challenges impacting the Department of Home16 land Security as a result of any expected increase in 

17 unaccompanied alien children. 

18 (11) Information on any additional resources 

19 necessary to carry out United States Customs and 

20 Border Protection’s responsibilities with respect to 

21 unaccompanied alien children. 

22 (e) PORT OF ENTRY INFRASTRUCTURE NEEDS AS23 SESSMENTS.—Not later 180 days after the date of the en24 actment of this Act, the Commissioner of United States 

25 Customs and Border Protection shall assess the physical 


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1 infrastructure and technology needs at the 20 busiest land 

2 ports of entry (as measured by United States Customs and 

3 Border Protection) with a particular attention to identify 

4 ways to— 

5 (1) improve travel and trade facilitation; 

6 (2) reduce wait times; 

7 (3) improve physical infrastructure and condi8 tions for individuals accessing pedestrian ports of 

9 entry; 

10 (4) enter into long-term leases with nongovern11 mental and private sector entities; 

12 (5) enter into lease-purchase agreements with 

13 nongovernmental and private sector entities; and 

14 (6) achieve cost savings through leases de15 scribed in paragraphs (4) and (5). 

16 (f) UNMANNED AERIAL SYSTEMS STRATEGY.—Not 

17 later than 180 days after the date of the enactment of 

18 this Act, the Commissioner of United States Customs and 

19 Border Protection shall submit to the Committee on 

20 Homeland Security of the House of Representatives and 

21 the Committee on Homeland Security and Governmental 

22 Affairs of the Senate a strategy for its Unmanned Aerial 

23 Systems program. Such strategy shall include, at a min24 imum, the following: 

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


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1 (2) The expected level of unmanned aerial sys2 tems operations. 

3 (3) The funding and anticipated stakeholder 

4 needs and resource requirements of such program. 

5 (g) REPORT ON BIOMETRIC EXIT DATA CAPABILITY

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

7 the enactment of this Act, the Commissioner of United 

8 States Customs and Border Protection shall submit to the 

9 Committee on Homeland Security of the House of Rep10 resentatives and the Committee on Homeland Security 

11 and Governmental Affairs of the Senate a report on the 

12 efforts of United States Customs and Border Protection, 

13 in conjunction with the Directorate Science and Tech14 nology of the Department of Homeland Security, to evalu15 ate technologies to provide a biometric exit capability at 

16 airports. Such report shall include the technologies tested, 

17 the results of such tests to date, plans for any future test18 ing, and a schedule of anticipated deployment of those or 

19 other technologies. 

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

21 days after the date of the enactment of this Act, the Com22 missioner of United States Customs and Border Protec23 tion shall submit to the Committee on Homeland Security 

24 of the House of Representatives and the Committee on 

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1 ate a report on the current capacity of United States Cus2 toms and Border Protection to hire, train, and deploy ad3 ditional United States Customs and Border Protection of4 ficers, including an assessment of any additional resources 

5 necessary to hire, train, and deploy United States Cus6 toms and Border Protection officers to meet staffing 

7 needs, as identified by the United States Customs and 

8 Border Protection staffing model. 

9 (i) REPORT ON THE SECURITY OF UNITED STATES

10 INTERNATIONAL BORDERS.—Not later than 180 days 

11 after the date of the enactment of this Act, the Commis12 sioner of United States Customs and Border Protection 

13 shall develop and implement specific metrics for meas14 uring the status of security of United States international 

15 borders at and between ports of entry, including meas16 uring the effectiveness of current border security resource 

17 allocations uniformly across all United States Customs 

18 and Border Protection sectors, informed by input from in19 dividuals and relevant stakeholders who live and work near 

20 such borders, and submit to the Committee on Homeland 

21 Security of the House of Representatives and the Com22 mittee on Homeland Security and Governmental Affairs 

23 of the Senate a report on such metrics and such status. 

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

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1 sioner of United States Customs and Border Protection 

2 shall submit to the Committee on Homeland Security of 

3 the House of Representatives and the Committee on 

4 Homeland Security and Governmental Affairs of the Sen5 ate a report on supervisor-approved personal searches con6 ducted in the previous year by United States Customs and 

7 Border Protection personnel. Such report shall include the 

8 number of personal searches conducted in each sector and 

9 field office, the number of invasive personal searches con10 ducted in each sector and field office, whether personal 

11 searches were conducted by Office of Field Operations or 

12 United States Border Patrol personnel, and how many 

13 personal searches resulted in the discovery of contraband. 

14 SEC. 6. INTERNATIONAL INITIATIVES. 

15 (a) NORTH AND CENTRAL AMERICAN BORDER SECU16 RITY COOPERATION INITIATIVE.—The Secretary of 

17 Homeland Security, in coordination with the Secretary of 

18 State, shall engage with the appropriate officials of the 

19 Government of Canada and the Government of Mexico to 

20 assess the specific needs of the countries of Central Amer21 ica to maintain the security of the international borders 

22 of such countries and determine the support needed by 

23 such countries from the United States, Canada, and Mex24 ico, to meet such needs. 


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1 (b) CARIBBEAN COOPERATION INITIATIVE.—The 

2 Secretary of Homeland Security, in coordination with the 

3 Secretary of State, shall engage with appropriate officials 

4 of the governments of the countries of the Caribbean to 

5 establish a program to assess the specific needs of such 

6 countries to address the unique challenges of maritime 

7 border security. 

8 (c) MEXICO’S SOUTHERN BORDER SECURITY INITIA9 TIVE.—The Secretary of Homeland Security, in coordina10 tion with the Secretary of State, shall engage with appro11 priate officials of the Government of Mexico to assess the 

12 specific needs to help secure Mexico’s southern border 

13 from undocumented aliens, drugs, weapons and other con14 traband. 

15 (d) REPORTING.—The Secretary of Homeland Secu16 rity shall submit to the Committee on Homeland Security 

17 and the Committee on Foreign Affairs of the House of 

18 Representatives and the Committee on Homeland Security 

19 and Governmental Affairs and the Committee on Foreign 

20 Relations of the Senate a report on the assessment of 

21 needs carried out under this section. 

22 SEC. 7. TREATMENT OF CERTAIN APPLICATIONS FOR PORT 

23 OF ENTRY STATUS. 

24 The Commissioner of United States Customs and 

25 Border Protection shall give priority consideration to an 


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1 application for port of entry status submitted by any com2 mercial airport if such airport served at least 100,000 

3 deplaned international passengers in the previous calendar 

4 year. 

5 SEC. 8. TRUSTED TRAVELER PROGRAMS. 

6 The Secretary of Homeland Security may not enter 

7 into or renew an agreement with the government of a for8 eign country for a trusted traveler program administered 

9 by United States Customs and Border Protection unless 

10 the Secretary certifies in writing that such government— 

11 (1) routinely submits to INTEPOL for inclu12 sion in INTERPOL’s Stolen and Lost Travel Docu13 ments database information about lost and stolen 

14 passports and travel documents of the citizens and 

15 nationals of such country; or 

16 (2) makes available to the United States Gov17 ernment the information described in paragraph (1) 

18 through another means of reporting. 

19 SEC. 9. SENSE OF CONGRESS REGARDING THE FOREIGN 

20 LANGUAGE AWARD PROGRAM. 

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

22 (1) Congress established the Foreign Language 

23 Award Program (FLAP) to incentivize employees at 

24 United States ports of entry to utilize their foreign 

25 language skills on the job by providing a financial 


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1 incentive for the use of the foreign language for at 

2 least ten percent of their duties after passage of 

3 competency tests. FLAP incentivizes the use of more 

4 than two dozen languages and has been instrumental 

5 in identifying and utilizing United States Customs 

6 and Border Protection officers and agents who are 

7 proficient in a foreign language. 

8 (2) In 1993, Congress provided for dedicated 

9 funding for this program by stipulating that certain 

10 fees collected by United States Customs and Border 

11 Protection to fund FLAP. 

12 (3) Through FLAP, foreign travelers are aided 

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

14 their language, and United States Customs and Bor15 der Protection benefits by being able to focus its 

16 border security efforts in a more effective manner. 

17 (b) SENSE OF CONGRESS.—It is the sense of Con18 gress that FLAP incentivizes United States Customs and 

19 Border Protection officers and agents to attain and main20 tain competency in a foreign language, thereby improving 

21 the efficiency of operations for the functioning of United 

22 States Customs and Border Protection’s security mission, 

23 making the United States a more welcoming place when 

24 foreign travelers find officers can communicate in their 


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1 language, and helping to expedite traveler processing to 

2 reduce wait times. 

3 SEC. 10. PROHIBITION ON NEW APPROPRIATIONS. 

4 No additional funds are authorized to be appro5 priated to carry out this Act and the amendments made 

6 by this Act, and this Act and such amendments shall be 

7 carried out using amounts otherwise made available for 

8 such purposes. 

Passed the House of Representatives July 28, 2014. 

Attest: KAREN L. HAAS, 

Clerk. 


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