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 establish-
ment of United States Customs and Border Protection, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘United States Customs 
and Border Protection Authorization Act’’. 
SEC. 2. ESTABLISHMENT OF UNITED STATES CUSTOMS AND 
BORDER PROTECTION. 
(a) IN GENERAL.—Section 411 of the Homeland Se-
curity Act of 2002 (6 U.S.C. 211) is amended to read 
as follows: 
‘‘SEC. 411. ESTABLISHMENT OF UNITED STATES CUSTOMS 
AND BORDER PROTECTION; COMMISSIONER, 
DEPUTY COMMISSIONER, AND OPERATIONAL 
OFFICES. 
‘‘(a) IN GENERAL.—There is established in the De-
partment an agency to be known as United States Cus-
toms and Border Protection. 
‘‘(b) COMMISSIONER OF UNITED STATES CUSTOMS 
AND BORDER PROTECTION.—There shall be at the head 
of United States Customs and Border Protection a Com-
missioner of United States Customs and Border Protec-
tion (in this section referred to as the ‘Commissioner’), 
who shall be appointed by the President, by and with the 
advice and consent of the Senate. 
‘‘(c) DUTIES.—The Commissioner shall— 
‘‘(1) ensure the interdiction of persons and 
goods illegally entering or exiting the United States; 
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‘‘(2) facilitate and expedite the flow of legiti-
mate travelers and trade; 
‘‘(3) detect, respond to, and interdict terrorists, 
drug smugglers and traffickers, human smugglers 
and traffickers, and other persons who may under-
mine the security of the United States, in cases in 
which such persons are entering, or have recently 
entered, the United States; 
‘‘(4) safeguard the borders of the United States 
to protect against the entry of dangerous goods; 
‘‘(5) oversee the functions of the Office of 
International Trade established under section 402 of 
the Security and Accountability for Every Port Act 
of 2006 (19 U.S.C. 2072; Public Law 109–347); 
‘‘(6) enforce and administer all customs laws of 
the United States, including the Tariff Act of 1930; 
‘‘(7) enforce and administer all immigration 
laws, as such term is defined in paragraph (17) of 
section 101(a) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)), as necessary for the inspec-
tion, processing, and admission of persons who seek 
to enter or depart the United States, and as nec-
essary to ensure the detection, interdiction, removal, 
departure from the United States, short-term deten-
tion, and transfer of persons unlawfully entering, or 
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who have recently unlawfully entered, the United 
States, in coordination with United States Immigra-
tion and Customs Enforcement and United States 
Citizenship and Immigration Services; 
‘‘(8) develop and implement screening and tar-
geting capabilities, including the screening, review-
ing, identifying, and prioritizing of passengers and 
cargo across all international modes of transpor-
tation, both inbound and outbound; 
‘‘(9) enforce and administer the laws relating to 
agricultural import and entry inspection referred to 
in section 421; 
‘‘(10) in coordination with the Secretary, deploy 
technology to collect the data necessary for the Sec-
retary to administer the biometric entry and exit 
data system pursuant to section 7208 of the Intel-
ligence Reform and Terrorism Prevention Act of 
2004 (8 U.S.C. 1365b); 
‘‘(11) In coordination with the Under Secretary 
for Management of the Department, ensure United 
States Customs and Border Protection complies with 
Federal law, the Federal Acquisition Regulation, and 
the Department’s acquisition management directives 
for major acquisition programs of United States 
Customs and Border Protection; 
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‘‘(12) enforce and administer— 
‘‘(A) the Container Security Initiative pro-
gram under section 205 of the Security and Ac-
countability for Every Port Act of 2006 (6 
U.S.C. 945; Public Law 109–347); and 
‘‘(B) 
the 
Customs-Trade 
Partnership 
Against Terrorism program under sections 211 
through 223 of such Act (6 U.S.C. 961-973); 
‘‘(13) establish the standard operating proce-
dures described in subsection (k); 
‘‘(14) carry out the training required under 
subsection (l); and 
‘‘(15) carry out other duties and powers pre-
scribed by law or delegated by the Secretary. 
‘‘(d) DEPUTY COMMISSIONER.—There shall be in 
United States Customs and Border Protection a Deputy 
Commissioner who shall assist the Commissioner in the 
management of United States Customs and Border Pro-
tection. 
‘‘(e) UNITED STATES BORDER PATROL.— 
‘‘(1) IN
GENERAL.—There is established in 
United States Customs and Border Protection the 
United States Border Patrol. 
‘‘(2) CHIEF.—There shall be at the head of the 
United States Border Patrol a Chief, who shall be 
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a uniformed law enforcement officer chosen from the 
ranks of the United States Border Patrol and who 
shall report to the Commissioner. 
‘‘(3) DUTIES.—The United States Border Pa-
trol shall— 
‘‘(A) serve as the law enforcement office of 
United States Customs and Border Protection 
with primary responsibility for interdicting per-
sons attempting to illegally enter or exit the 
United States or goods being illegally imported 
to or exported from the United States at a 
place other than a designated port of entry; 
‘‘(B) deter and prevent illegal entry of ter-
rorists, terrorist weapons, persons, and contra-
band; and 
‘‘(C) carry out other duties and powers 
prescribed by the Commissioner. 
‘‘(f) OFFICE OF AIR AND MARINE OPERATIONS.— 
‘‘(1) IN
GENERAL.—There is established in 
United States Customs and Border Protection an 
Office of Air and Marine Operations. 
‘‘(2) ASSISTANT
COMMISSIONER.—There shall 
be at the head of the Office of Air and Marine Oper-
ations an Assistant Commissioner, who shall report 
to the Commissioner. 
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‘‘(3) DUTIES.—The Office of Air and Marine 
Operations shall— 
‘‘(A) serve as the law enforcement office 
within United States Customs and Border Pro-
tection with primary responsibility to detect, 
interdict, and prevent acts of terrorism and the 
unlawful movement of people, illicit drugs, and 
other contraband across the borders of the 
United States in the air and maritime environ-
ment; 
‘‘(B) oversee the acquisition, maintenance, 
and operational use of United States Customs 
and Border Protection integrated air and ma-
rine forces; 
‘‘(C) provide aviation and marine support 
for other Federal, State, and local law enforce-
ment agency needs, as appropriate; and 
‘‘(D) carry out other duties and powers 
prescribed by the Commissioner. 
‘‘(g) OFFICE OF FIELD OPERATIONS.— 
‘‘(1) IN
GENERAL.—There is established in 
United States Customs and Border Protection an 
Office of Field Operations. 
‘‘(2) ASSISTANT
COMMISSIONER.—There shall 
be at the head of the Office of Field Operations an 
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Assistant Commissioner, who shall report to the 
Commissioner. 
‘‘(3) DUTIES.—The Office of Field Operations 
shall coordinate the enforcement activities of United 
States Customs and Border Protection at United 
States air, land, and sea ports of entry to— 
‘‘(A) deter and prevent terrorists and ter-
rorist weapons from entering the United States 
at such ports of entry; 
‘‘(B) conduct inspections at such ports of 
entry to safeguard the United States from ter-
rorism and illegal entry of persons; 
‘‘(C) prevent illicit drugs, agricultural 
pests, and contraband from entering the United 
States; 
‘‘(D) in coordination with the Commis-
sioner, facilitate and expedite the flow of legiti-
mate travelers and trade; 
‘‘(E) administer the National Targeting 
Center established under paragraph (4); and 
‘‘(F) carry out other duties and powers 
prescribed by the Commissioner. 
‘‘(4) NATIONAL TARGETING CENTER.— 
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‘‘(A) IN GENERAL.—There is established in 
the Office of Field Operations a National Tar-
geting Center. 
‘‘(B) EXECUTIVE DIRECTOR.—There shall 
be at the head of the National Targeting Center 
an Executive Director, who shall report to the 
Assistant Commissioner of the Office of Field 
Operations. 
‘‘(C) DUTIES.—The National Targeting 
Center shall— 
‘‘(i) serve as the primary forum for 
targeting operations within United States 
Customs and Border Protection to collect 
and analyze traveler and cargo information 
in advance of arrival in the United States; 
‘‘(ii) identify, review, and target trav-
elers and cargo for examination; 
‘‘(iii) coordinate the examination of 
entry and exit of travelers and cargo; and 
‘‘(iv) carry out other duties and pow-
ers prescribed by the Assistant Commis-
sioner. 
‘‘(5) ANNUAL
REPORT
ON
STAFFING.—Not 
later than 30 days after the date of the enactment 
of this section and annually thereafter, the Assistant 
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Commissioner shall submit to the appropriate con-
gressional committees a report on the staffing model 
for the Office of Field Operations, including infor-
mation on how many supervisors, front-line United 
States Customs and Border Protection officers, and 
support personnel are assigned to each Field Office 
and port of entry. 
‘‘(h) OFFICE OF INTELLIGENCE AND INVESTIGATIVE 
LIAISON.— 
‘‘(1) IN
GENERAL.—There is established in 
United States Customs and Border Protection an 
Office of Intelligence and Investigative Liaison. 
‘‘(2) ASSISTANT
COMMISSIONER.—There shall 
be at the head of the Office of Intelligence and In-
vestigative Liaison an Assistant Commissioner, who 
shall report to the Commissioner. 
‘‘(3) DUTIES.—The Office of Intelligence and 
Investigative Liaison shall— 
‘‘(A) develop, provide, coordinate, and im-
plement intelligence capabilities into a cohesive 
intelligence enterprise to support the execution 
of the United States Customs and Border Pro-
tection duties and responsibilities; 
‘‘(B) collect and analyze advance traveler 
and cargo information; 
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‘‘(C) establish, in coordination with the 
Chief Intelligence Officer of the Department, as 
appropriate, intelligence-sharing relationships 
with Federal, State, local, and tribal agencies 
and intelligence agencies; and 
‘‘(D) carry out other duties and powers 
prescribed by the Commissioner. 
‘‘(i) OFFICE OF INTERNATIONAL AFFAIRS.— 
‘‘(1) IN
GENERAL.—There is established in 
United States Customs and Border Protection an 
Office of International Affairs. 
‘‘(2) ASSISTANT
COMMISSIONER.—There shall 
be at the head of the Office of International Affairs 
an Assistant Commissioner, who shall report to the 
Commissioner. 
‘‘(3) DUTIES.—The Office of International Af-
fairs, in collaboration with the Office of Inter-
national Affairs of the Department, shall— 
‘‘(A) coordinate and support United States 
Customs and Border Protection’s foreign initia-
tives, policies, programs, and activities; 
‘‘(B) coordinate and support United States 
Customs and Border Protection’s personnel sta-
tioned abroad; 
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‘‘(C) maintain partnerships and informa-
tion sharing agreements and arrangements with 
foreign governments, international organiza-
tions, and United States agencies in support of 
United States Customs and Border Protection 
duties and responsibilities; 
‘‘(D) provide necessary capacity building, 
training, and assistance to foreign border con-
trol agencies to strengthen global supply chain 
and travel security; 
‘‘(E) coordinate mission support services to 
sustain United States Customs and Border Pro-
tection’s global activities; 
‘‘(F) coordinate, in collaboration with the 
Office of Policy of the Department, as appro-
priate, United States Customs and Border Pro-
tection’s engagement in international negotia-
tions; and 
‘‘(G) carry out other duties and powers 
prescribed by the Commissioner. 
‘‘(j) OFFICE OF INTERNAL AFFAIRS.— 
‘‘(1) IN
GENERAL.—There is established in 
United States Customs and Border Protection an 
Office of Internal Affairs. 
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‘‘(2) ASSISTANT
COMMISSIONER.—There shall 
be at the head of the Office of Internal Affairs an 
Assistant Commissioner, who shall report to the 
Commissioner. 
‘‘(3) DUTIES.—The Office of Internal Affairs 
shall— 
‘‘(A) investigate criminal and administra-
tive matters and misconduct by officers, agents, 
and other employees of United States Customs 
and Border Protection; 
‘‘(B) perform investigations of United 
States Customs and Border Protection appli-
cants and periodic reinvestigations (in accord-
ance with section 3001 of the Intelligence Re-
form and Terrorism Prevention Act of 2004 (50 
U.S.C. 3341; Public Law 108–458)) of officers, 
agents, and other employees of United States 
Custom and Border Protection, including inves-
tigations to determine suitability for employ-
ment and eligibility for access to classified in-
formation; 
‘‘(C) conduct polygraph examinations in 
accordance with section 3(1) of the Anti-Border 
Corruption Act of 2010 (Public Law 111–376); 
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‘‘(D) perform inspections of United States 
Customs and Border Protection programs, op-
erations, and offices; 
‘‘(E) conduct risk-based covert testing of 
United States Customs and Border Protection 
operations, including for nuclear and radio-
logical risks; 
‘‘(F) manage integrity of United States 
Customs and Border Protection counter-intel-
ligence 
operations, 
including 
conduct 
of 
counter-intelligence investigations; 
‘‘(G) conduct research and analysis regard-
ing misconduct of officers, agents, and other 
employees of United States Customs and Bor-
der Protection; and 
‘‘(H) carry out other duties and powers 
prescribed by the Commissioner. 
‘‘(k) STANDARD OPERATING PROCEDURES.— 
‘‘(1) IN GENERAL.—The Commissioner shall es-
tablish— 
‘‘(A) standard operating procedures for 
searching, reviewing, retaining, and sharing in-
formation contained in communication, elec-
tronic, or digital devices encountered by United 
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States Customs and Border Protection per-
sonnel at United States ports of entry; 
‘‘(B) standard use of force procedures offi-
cers and agents of United States Customs and 
Border Protection may employ in the execution 
of their duties, including the use of deadly force 
and procedures for deescalating confrontations, 
where possible; 
‘‘(C) a uniform, standardized, and pub-
lically-available procedure for processing and in-
vestigating complaints against officers, agents, 
and employees of United States Customs and 
Border Protection for violations of professional 
conduct, including the timely disposition of 
complaints and a written notification to the 
complainant of the status or outcome, as appro-
priate, of the related investigation, in accord-
ance with section 552a of title 5, United States 
Code (commonly referred to as the ‘Privacy 
Act’ or the ‘Privacy Act of 1974’); 
‘‘(D) an internal, uniform reporting mech-
anism regarding incidents involving the use of 
deadly force by an officer or agent of United 
States Customs and Border Protection, includ-
ing an evaluation of the degree to which the 
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procedures required under subparagraph (B) 
were followed; and 
‘‘(E) standard operating procedures, acting 
through the Assistant Commissioner for Air 
and Marine Operations and in coordination 
with the Office of Civil Rights and Civil Lib-
erties and the Office of Privacy of the Depart-
ment, to provide command, control, communica-
tion, surveillance, and reconnaissance assistance 
through the use of unmanned aerial systems, 
including the establishment of— 
‘‘(i) a process for other Federal, 
State, and local law enforcement agencies 
to submit mission requests; 
‘‘(ii) a formal procedure to determine 
whether to approve or deny such a mission 
request; 
‘‘(iii) a formal procedure to determine 
how such mission requests are prioritized 
and coordinated; 
‘‘(iv) a process for establishing agree-
ments with other Federal, State, and local 
law enforcement agencies regarding reim-
bursement for such mission costs; and 
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‘‘(v) a process regarding the protec-
tion and privacy of data and images col-
lected by United States Customs and Bor-
der Protection through the use of un-
manned aerial systems. 
‘‘(2) REQUIREMENTS REGARDING CERTAIN NO-
TIFICATIONS.—The standard operating procedures 
established pursuant to subparagraph (A) of para-
graph (1) shall require— 
‘‘(A) in the case of a search of information 
conducted on an electronic device by United 
States Customs and Border Protection per-
sonnel, the Commissioner to notify the indi-
vidual subject to such search of the purpose 
and authority for such search, and how such in-
dividual may obtain information on reporting 
concerns about such search; and 
‘‘(B) in the case of information collected 
by United States Customs and Border Protec-
tion through a search of an electronic device, if 
such information is transmitted to another Fed-
eral agency for subject matter assistance, trans-
lation, or decryption, the Commissioner to no-
tify the individual subject to such search of 
such transmission. 
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‘‘(3) EXCEPTIONS.— 
‘‘(A) IN
GENERAL.—The Commissioner 
may withhold the notifications required under 
paragraphs (1)(C) and (2) if the Commissioner 
determines that such notifications would impair 
national security, law enforcement, or other 
operational interests. 
‘‘(B) TERRORIST WATCH LISTS.— 
‘‘(i) SEARCHES.—If the individual 
subject to search of an electronic device 
pursuant to subparagraph (A) of para-
graph (1) is included on a Government-op-
erated or Government-maintained terrorist 
watch list, the notifications required under 
paragraph (2) shall not apply. 
‘‘(ii) COMPLAINTS.—If the complain-
ant using the process established under 
subparagraph (C) of paragraph (1) is in-
cluded on a Government-operated or Gov-
ernment-maintained terrorist watch list, 
the notification required under such sub-
paragraph shall not apply. 
‘‘(4) UPDATE
AND
REVIEW.—The Commis-
sioner shall review and update every three years the 
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standard operating procedures required under this 
subsection. 
‘‘(5) AUDITS.—The Inspector General of the 
Department of Homeland Security shall develop and 
annually administer an auditing mechanism to re-
view whether searches of electronic devices at or be-
tween United States ports of entry are being con-
ducted in conformity with the standard operating 
procedures required under subparagraph (A) of 
paragraph (1). Such audits shall be submitted to the 
appropriate congressional committees and shall in-
clude the following: 
‘‘(A) A description of the activities of offi-
cers and agents of United States Customs and 
Border 
Protection 
with 
respect 
to 
such 
searches. 
‘‘(B) The number of such searches. 
‘‘(C) The number of instances in which in-
formation contained in such devices that were 
subjected to such searches was retained, copied, 
shared, or entered in an electronic database. 
‘‘(D) The number of such devices detained 
as the result of such searches. 
‘‘(E) The number of instances in which in-
formation collected from such device was sub-
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jected to such searches was transmitted to a 
another Federal agency, including whether such 
transmission resulted in a prosecution or con-
viction. 
‘‘(6) REQUIREMENTS REGARDING OTHER NOTI-
FICATIONS.—The standard operating procedures es-
tablished pursuant to subparagraph (B) of para-
graph (1) shall require— 
‘‘(A) in the case of an incident of the use 
of deadly force by United States Customs and 
Border Protection personnel, the Commissioner 
to notify the appropriate congressional commit-
tees; and 
‘‘(B) the Commissioner to provide to such 
committees a copy of the evaluation pursuant to 
subparagraph (D) of such paragraph not later 
than 30 days after completion of such evalua-
tion. 
‘‘(6) REPORT
ON
UNMANNED
AERIAL
SYS-
TEMS.—The Commissioner shall submit to the ap-
propriate congressional committees an annual report 
that reviews whether the use of unmanned aerial 
systems are being conducted in conformity with the 
standard operating procedures required under sub-
paragraph (E) of paragraph (1). Such reports— 
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‘‘(A) shall be submitted with the Presi-
dent’s annual budget; 
‘‘(B) may be submitted in classified form 
if the Commissioner determines that such is ap-
propriate, and 
‘‘(C) shall include— 
‘‘(i) a detailed description of how, 
where, and for how long data and images 
collected through the use of unmanned aer-
ial systems by United States Customs and 
Border Protection is collected and stored; 
and 
‘‘(ii) a list of Federal, State, and local 
law enforcement agencies that submitted 
mission requests in the previous year and 
the disposition of such requests. 
‘‘(l) TRAINING.— 
‘‘(1) IN GENERAL.—The Commissioner shall re-
quire all agents and officers of United States Cus-
toms and Border Protection to participate in a spec-
ified amount of continuing education (to be deter-
mined by the Commissioner) to maintain an under-
standing of Federal legal rulings, court decisions, 
and departmental policies, procedures, and guide-
lines. 
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‘‘(2) ENSURING TRAINING.—Not later than 90 
days after the date of the enactment of this section, 
the Commissioner shall develop a database system 
that identifies for each United States Customs and 
Border Protection officer or agent, by port of entry 
or station— 
‘‘(A) for each training course, the average 
time allocated during on-duty hours within 
which training must be completed; 
‘‘(B) for each training course offered, the 
duration of training and the average amount of 
time an officer must be absent from work to 
complete such training course; and 
‘‘(C) certification of each training course 
by a supervising officer that the officer is able 
to carry out the function for which the training 
was provided, and if training has been post-
poned, the basis for postponing such training. 
‘‘(3) USE OF DATA.—The Commissioner shall 
use the information developed under paragraph (2) 
to— 
‘‘(A) develop training requirements for 
United States Customs and Border Protection 
officers to ensure that such officers have suffi-
cient training to conduct primary and sec-
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ondary inspections at Untied States ports of 
entry; and 
‘‘(B) measure progress toward achieving 
the training requirements referred to in sub-
paragraph (A). 
‘‘(m) SHORT TERM DETENTION STANDARDS.— 
‘‘(1) ACCESS TO FOOD AND WATER.—The Com-
missioner shall make every effort to ensure that ade-
quate access to food and water is provided to an in-
dividual apprehended and detained by a United 
States Border Patrol agent between a United States 
port of entry as soon as practicable following the 
time of such apprehension or during subsequent 
short term detention. 
‘‘(2) ACCESS TO INFORMATION ON DETAINEE 
RIGHTS
AT
BORDER
PATROL
PROCESSING
CEN-
TERS.— 
‘‘(A) IN
GENERAL.—The Commissioner 
shall ensure that an individual apprehended by 
a United States Border Patrol agent is provided 
with information concerning such individual’s 
rights, including the right to contact a rep-
resentative of such individual’s government for 
purposes of United States treaty obligations. 
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‘‘(B) FORM.—The information referred to 
in subparagraph (A) may be provided either 
verbally or in writing, and shall be posted in the 
detention holding cell in which such individual 
is being held. The information shall be provided 
in a language understandable to such indi-
vidual. 
‘‘(3) DAYTIME
REPATRIATION.—When prac-
ticable, repatriations shall be limited to daylight 
hours and avoid locations that are determined to 
have high indices of crime and violence. 
‘‘(4) SHORT TERM DETENTION DEFINED.—In 
this subsection, the term ‘short term detention’ 
means detention in a United States Border Patrol 
processing center for 72 hours or less, before repa-
triation to a country of nationality or last habitual 
residence. 
‘‘(5) REPORT ON PROCUREMENT PROCESS AND 
STANDARDS.—Not later than 180 days after the 
date of the enactment of this section, the Comp-
troller General of the United States shall submit to 
the appropriate congressional committees a report 
on the procurement process and standards of enti-
ties with which United States Customs and Border 
Protection has contracts for the transportation and 
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detention of individuals apprehended by agents or 
officers of United States Customs and Border Pro-
tection. Such report should also consider the oper-
ational efficiency of contracting the transportation 
and detention of such individuals. 
‘‘(6) REPORT ON INSPECTIONS OF SHORT-TERM 
CUSTODY FACILITIES.—The Commissioner shall— 
‘‘(A) annually inspect all facilities utilized 
for short term detention; and 
‘‘(B) make publically available information 
collected pursuant to such inspections, including 
information regarding the requirements under 
paragraphs (1) and (2) and, where appropriate, 
issue recommendations to improve the condi-
tions of such facilities. 
‘‘(n) WAIT TIMES TRANSPARENCY.— 
‘‘(1) IN GENERAL.—The Commissioner shall— 
‘‘(A) publish live wait times at the 20 
United States airports that support the highest 
volume of international travel (as determined by 
available Federal flight data); 
‘‘(B) make information about such wait 
times available to the public in real time 
through the United States Customs and Border 
Protection Web site; 
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‘‘(C) submit to the appropriate congres-
sional committees quarterly reports that include 
compilations of all such wait times and a rank-
ing of such United States airports by wait 
times; and 
‘‘(D) provide adequate staffing at the 
United States Customs and Border Protection 
information center to ensure timely access for 
travelers attempting to submit comments or 
speak with a representative about their entry 
experiences. 
‘‘(2) CALCULATION.—The wait times referred 
to in paragraph (1)(A) shall be determined by calcu-
lating the time elapsed between an individual’s entry 
into the United States Customs and Border Protec-
tion inspection area and such individual’s clearance 
by a United States Customs and Border Protection 
officer. 
‘‘(o) OTHER AUTHORITIES.— 
‘‘(1) IN GENERAL.—The Secretary may estab-
lish such other offices or Assistant Commissioners 
(or other similar officers or officials) as the Sec-
retary determines necessary to carry out the mis-
sions, duties, functions, and authorities of United 
States Customs and Border Protection. 
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‘‘(2) NOTIFICATION.—If the Secretary exercises 
the authority provided pursuant to paragraph (1), 
the Secretary shall notify the appropriate congres-
sional committees not later than 30 days before ex-
ercising such authority. 
‘‘(p) OTHER FEDERAL AGENCIES.—Nothing in this 
section may be construed as affecting in any manner the 
existing authority of any other Federal agency, including 
the Transportation Security Administration with respect 
to the duties of United States Customs and Border Pro-
tection described in subsection (c).’’. 
(b) SPECIAL RULES.— 
(1) TREATMENT.—Section 411 of the Home-
land Security Act of 2002, as amended by subsection 
(a) of this section, shall be treated as if included in 
such Act as of the date of the enactment of such 
Act, and, in addition to the functions, missions, du-
ties, and authorities specified in such amended sec-
tion 411, United States Customs and Border Protec-
tion shall continue to perform and carry out the 
functions, missions, duties, and authorities under 
section 411 of such Act as in existence on the day 
before such date of enactment, and section 415 of 
such Act. 
(2) RULES OF CONSTRUCTION.— 
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(A) RULES AND REGULATIONS.—Notwith-
standing paragraph (1), nothing in this Act 
may be construed as affecting in any manner 
any rule or regulation issued or promulgated 
pursuant to any provision of law, including sec-
tion 411 of the Homeland Security Act of 2002 
as in existence on the day before the date of the 
enactment of this Act, and any such rule or 
regulation shall continue to have full force and 
effect on and after such date. 
(B) OTHER
ACTIONS.—Notwithstanding 
paragraph (1), nothing in this Act may be con-
strued as affecting in any manner any action, 
determination, policy, or decision pursuant to 
section 411 of the Homeland Security Act of 
2002 as in existence on the day before the date 
of the enactment of this Act, and any such ac-
tion, determination, policy, or decision shall 
continue to have full force and effect on and 
after such date. 
(c) CONTINUATION IN OFFICE.— 
(1) COMMISSIONER.—The individual serving as 
the Commissioner of Customs on the day before the 
date of the enactment of this Act may serve as the 
Commissioner of United States Customs and Border 
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Protection on and after such date of enactment until 
a Commissioner of United States Customs and Bor-
der Protection is appointed under section 411 of the 
Homeland Security Act of 2002, as amended by sub-
section (a) of this section. 
(2) OTHER POSITIONS.—The individuals serv-
ing as Assistant Commissioners and other officers 
and officials under section 411 of the Homeland Se-
curity Act of 2002 on the day before the date of the 
enactment of this Act may serve as the appropriate 
Assistant Commissioners and other officers and offi-
cials under such section 411 as amended by sub-
section (a) of this section unless the Commissioner 
of United States Customs and Border Protection de-
termines that another individual should hold such 
position or positions. 
(d) REFERENCE.— 
(1) TITLE 5.—Section 5314 of title 5, United 
States Code, is amended by striking ‘‘Commissioner 
of Customs, Department of Homeland Security’’ and 
inserting ‘‘Commissioner of United States Customs 
and Border Protection, Department of Homeland 
Security’’. 
(2) OTHER
REFERENCES.—On and after the 
date of the enactment of this Act, any reference in 
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law or regulations to the ‘‘Commissioner of Cus-
toms’’ or the ‘‘Commissioner of the Customs Serv-
ice’’ shall be deemed to be a reference to the Com-
missioner of United States Customs and Border 
Protection. 
(e) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of the Homeland Security Act of 2002 (6 
U.S.C. 101 et seq.) is amended by striking the item relat-
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.’’. 
SEC. 3. REPEALS. 
Sections 416, 418, and 443 of the Homeland Security 
Act of 2002 (6 U.S.C. 216, 218, and 253), and the items 
relating to such sections in the table of contents in section 
1(b) of such Act, are repealed. 
SEC. 4. CLERICAL AND CONFORMING AMENDMENTS. 
(a) IN GENERAL.—The Homeland Security Act of 
2002 (6 U.S.C. 101 et seq.) is amended— 
(1) in title I— 
(A) in section 102(f)(10) (6 U.S.C. 
112(f)(10)), by striking ‘‘the Directorate of 
Border and Transportation Security’’ and in-
serting ‘‘Commissioner of United States Cus-
toms and Border Protection’’; and 
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(B) 
in 
section 
103(a)(1) 
(6 
U.S.C. 
113(a)(1))— 
(i) in subparagraph (C), by striking 
‘‘An Under Secretary for Border and 
Transportation Security.’’ and inserting 
‘‘A Commissioner of United States Cus-
toms and Border Protection.’’; and 
(ii) in subparagraph (G), by striking 
‘‘A Director of the Office of Counter-
narcotics Enforcement.’’ and inserting ‘‘A 
Director for United States Immigration 
and Customs Enforcement.’’; and 
(2) in title IV— 
(A) by striking the title heading and in-
serting ‘‘BORDER, MARITIME, AND 
TRANSPORTATION SECURITY’’; 
(B) in subtitle A— 
(i) by striking the subtitle heading 
and inserting ‘‘Border, Maritime, and 
Transportation Security Respon-
sibilities and Functions’’; and 
(ii) in section 402 (6 U.S.C. 202)— 
(I) in the section heading, by 
striking ‘‘RESPONSIBILITIES’’ and 
inserting 
‘‘BORDER, 
MARITIME, 
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Protection on the day before the effec-
tive date of the United States Cus-
toms and Border Protection Author-
ization Act’’; and 
(II) in paragraph (8), by insert-
ing before the colon the following: ‘‘, 
and of United States Customs and 
Border Protection on the day before 
the effective date of the United States 
Customs and Border Protection Au-
thorization Act’’; 
(D) in subtitle C— 
(i) by striking section 424 (6 U.S.C. 
234) and inserting the following new sec-
tion: 
‘‘SEC. 424. PRESERVATION OF TRANSPORTATION SECURITY 
ADMINISTRATION AS A DISTINCT ENTITY. 
‘‘Notwithstanding any other provision of this Act, the 
Transportation Security Administration shall be main-
tained as a distinct entity within the Department.’’; and 
(ii) in section 430 (6 U.S.C. 238)— 
(I) by amending subsection (a) to 
read as follows: 
‘‘(a) ESTABLISHMENT.—There is established in the 
Department an Office for Domestic Preparedness.’’; 
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(II) in subsection (b), by striking 
the second sentence; and 
(III) in subsection (c)(7), by 
striking ‘‘Directorate’’ and inserting 
‘‘Department’’; and 
(E) in subtitle D— 
(i) in section 441 (6 U.S.C. 251)— 
(I) by striking the section head-
ing and inserting ‘‘TRANSFER
OF 
FUNCTIONS’’; and 
(II) by striking ‘‘Under Secretary 
for Border and Transportation Secu-
rity’’ and inserting ‘‘Secretary’’; and 
(ii) by amending section 444 (6 
U.S.C. 254) to read as follows: 
‘‘SEC. 444. EMPLOYEE DISCIPLINE. 
‘‘Notwithstanding any other provision of law, the Sec-
retary may impose disciplinary action on any employee of 
United States Immigration and Customs Enforcement and 
United States Customs and Border Protection who will-
fully deceives Congress or agency leadership on any mat-
ter.’’. 
(b) CONFORMING AMENDMENTS.—Section 401 of the 
Homeland Security Act of 2002 (6 U.S.C. 201) is re-
pealed. 
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(c) CLERICAL AMENDMENTS.—The table of contents 
in section 1(b) of the Homeland Security Act of 2002 is 
amended— 
(1) by striking the item relating to title IV and 
inserting the following: 
‘‘TITLE IV—BORDER, MARITIME, AND TRANSPORTATION 
SECURITY’’; 
(2) by striking the item relating to subtitle A 
of title IV and inserting the following: 
‘‘Subtitle A—Border, Maritime, and Transportation Security Responsibilities 
and Functions’’; 
(3) by striking the item relating to section 401; 
(4) by striking the item relating to subtitle B 
of title IV and inserting the following: 
‘‘Subtitle B—United States Customs and Border Protection’’; 
(5) by striking the item relating to section 441 
and inserting the following: 
‘‘Sec. 441. Transfer of functions.’’; 
and 
(6) by striking the item relating to section 442 
and inserting the following: 
‘‘Sec. 442. United States Immigration and Customs Enforcement.’’. 
SEC. 5. REPORTS AND ASSESSMENTS. 
(a) REPORT ON CONTRACT MANAGEMENT ACQUISI-
TION AND PROCUREMENT PERSONNEL.—Not later than 
60 days after the date of the enactment of this Act and 
biennially thereafter, the Commissioner of United States 
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Customs and Border Protection shall submit to the Com-
mittee on Homeland Security of the House of Representa-
tives and the Committee on Homeland Security and Gov-
ernmental Affairs of the Senate a report on— 
(1) the number of contract management acqui-
sition and procurement personnel assigned to the 
Office of Technology Innovation and Acquisition (or 
successor office) of United States Customs and Bor-
der Protection, categorized by position; 
(2) the average aggregate value of the contracts 
each contract officer, contract specialist, and con-
tract officer representative employee is responsible 
for managing; and 
(3) the number of additional acquisition and 
procurement personnel, categorized by position, and 
contract management specialists United States Cus-
toms and Border Protection would need to ensure 
compliance with Federal acquisition standards, de-
partmental management directives, and United 
States Customs and Border Protection contracting 
needs. 
(b) REPORT ON MIGRANT DEATHS.—Not later 180 
days after the date of the enactment of this Act, the Com-
missioner of United States Customs and Border Protec-
tion shall, to the extent practicable, make publically avail-
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able information that the United States Border Patrol has 
collected on migrant deaths occurring along the United 
States-Mexico border, including information on the fol-
lowing: 
(1) The number of documented migrant deaths. 
(2) The location where such migrant deaths oc-
curred. 
(3) To the extent possible, the cause of death 
for each migrant. 
(4) The extent to which border technology, 
physical barriers, and enforcement programs have 
contributed to such migrant deaths. 
(5) A description of United States Customs and 
Border Protection programs or plans to reduce the 
number of migrant deaths along the border, includ-
ing an assessment on the effectiveness of water sup-
ply sites and rescue beacons. 
(c) REPORT ON BUSINESS TRANSFORMATION INITIA-
TIVE.—Not later than 90 days after the date of the enact-
ment of this Act, the Commissioner of United States Cus-
toms and Border Protection shall submit to the Committee 
on Homeland Security and the Committee on Ways and 
Means of the House of Representatives and the Committee 
on Homeland Security and Governmental Affairs and the 
Committee on Finance of the Senate a report on United 
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States Customs and Border Protection’s Business Trans-
formation Initiative, including locations where the Initia-
tive is deployed, the types of equipment utilized, a descrip-
tion of protocols and procedures, information on wait 
times at such locations since deployment, and information 
regarding the schedule for deployment at new locations. 
(d) REPORT ON UNACCOMPANIED ALIEN CHILDREN 
APPREHENDED AT THE BORDER.—Not later than 90 days 
after the date of the enactment of this Act and annually 
thereafter, the Commissioner of United States Customs 
and Border Protection shall submit to the Committee on 
Homeland Security of the House of Representatives and 
the Committee on Homeland Security and Governmental 
Affairs of the Senate a report on unaccompanied alien 
children apprehended at the borders of the United States. 
Such report shall include the following: 
(1) Information on the number, nationality, 
age, and location of the apprehensions of such unac-
companied alien children in the current fiscal year 
and for each of the three prior fiscal years. 
(2) The average length of time an unaccom-
panied alien child is in the custody of United States 
Customs and Border Protection before being trans-
ferred to the custody of another Federal agency in 
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the current fiscal year and for each of three prior 
fiscal years. 
(3) A description of current and planned activi-
ties to discourage efforts to bring unaccompanied 
alien children to the United States without author-
ization. 
(4) A description of training provided to offi-
cers and agents of United States Customs and Bor-
der Protection regarding unaccompanied alien chil-
dren, including the number of such officers and 
agents who are so trained. 
(5) An assessment of the existing officers, 
agents, and resources of United States Customs and 
Border Protection being utilized to address unac-
companied alien children. 
(6) An assessment of whether current facilities 
utilized by United States Customs and Border Pro-
tection to house unaccompanied alien children are 
adequate to comply with all applicable laws, regula-
tions, and standards regarding housing, feeding, and 
providing medical care for such children. 
(7) An identification and assessment of the fac-
tors causing unaccompanied alien children to mi-
grate to the United States, including an assessment 
of how perceptions of enforcement policies and eco-
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nomic and social conditions, including incidents of 
violence, in countries of origin or last habitual resi-
dence may be attributed to a rise in attempted en-
tries into the United States. 
(8) Information on United States Border Patrol 
resources spent to care for unaccompanied alien chil-
dren in the custody of the United States Border Pa-
trol, including the number of United States Border 
Patrol agents assigned to care for unaccompanied 
alien children. 
(9) Future estimates of Department of Home-
land Security resources needed to care for expected 
increases in unaccompanied alien children. 
(10) An identification of any operational or pol-
icy challenges impacting the Department of Home-
land Security as a result of any expected increase in 
unaccompanied alien children. 
(11) Information on any additional resources 
necessary to carry out United States Customs and 
Border Protection’s responsibilities with respect to 
unaccompanied alien children. 
(e) PORT OF ENTRY INFRASTRUCTURE NEEDS AS-
SESSMENTS.—Not later 180 days after the date of the en-
actment of this Act, the Commissioner of United States 
Customs and Border Protection shall assess the physical 
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infrastructure and technology needs at the 20 busiest land 
ports of entry (as measured by United States Customs and 
Border Protection) with a particular attention to identify 
ways to— 
(1) improve travel and trade facilitation; 
(2) reduce wait times; 
(3) improve physical infrastructure and condi-
tions for individuals accessing pedestrian ports of 
entry; 
(4) enter into long-term leases with nongovern-
mental and private sector entities; 
(5) enter into lease-purchase agreements with 
nongovernmental and private sector entities; and 
(6) achieve cost savings through leases de-
scribed in paragraphs (4) and (5). 
(f) UNMANNED AERIAL SYSTEMS STRATEGY.—Not 
later than 180 days after the date of the enactment of 
this Act, the Commissioner of United States Customs and 
Border Protection shall submit to the Committee on 
Homeland Security of the House of Representatives and 
the Committee on Homeland Security and Governmental 
Affairs of the Senate a strategy for its Unmanned Aerial 
Systems program. Such strategy shall include, at a min-
imum, the following: 
(1) The mission and goals of such program. 
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(2) The expected level of unmanned aerial sys-
tems operations. 
(3) The funding and anticipated stakeholder 
needs and resource requirements of such program. 
(g) REPORT ON BIOMETRIC EXIT DATA CAPABILITY 
AT AIRPORTS.—Not later than 90 days after the date of 
the enactment of this Act, the Commissioner of United 
States Customs and Border Protection shall submit to the 
Committee on Homeland Security of the House of Rep-
resentatives and the Committee on Homeland Security 
and Governmental Affairs of the Senate a report on the 
efforts of United States Customs and Border Protection, 
in conjunction with the Directorate Science and Tech-
nology of the Department of Homeland Security, to evalu-
ate technologies to provide a biometric exit capability at 
airports. Such report shall include the technologies tested, 
the results of such tests to date, plans for any future test-
ing, and a schedule of anticipated deployment of those or 
other technologies. 
(h) CBP OFFICER TRAINING.—Not later than 90 
days after the date of the enactment of this Act, the Com-
missioner of United States Customs and Border Protec-
tion shall submit to the Committee on Homeland Security 
of the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs of the Sen-
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ate a report on the current capacity of United States Cus-
toms and Border Protection to hire, train, and deploy ad-
ditional United States Customs and Border Protection of-
ficers, including an assessment of any additional resources 
necessary to hire, train, and deploy United States Cus-
toms and Border Protection officers to meet staffing 
needs, as identified by the United States Customs and 
Border Protection staffing model. 
(i) REPORT ON THE SECURITY OF UNITED STATES 
INTERNATIONAL BORDERS.—Not later than 180 days 
after the date of the enactment of this Act, the Commis-
sioner of United States Customs and Border Protection 
shall develop and implement specific metrics for meas-
uring the status of security of United States international 
borders at and between ports of entry, including meas-
uring the effectiveness of current border security resource 
allocations uniformly across all United States Customs 
and Border Protection sectors, informed by input from in-
dividuals and relevant stakeholders who live and work near 
such borders, and submit to the Committee on Homeland 
Security of the House of Representatives and the Com-
mittee on Homeland Security and Governmental Affairs 
of the Senate a report on such metrics and such status. 
(j) PERSONAL SEARCHES.—Not later than 90 days 
after the date of the enactment of this Act, the Commis-
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sioner of United States Customs and Border Protection 
shall submit to the Committee on Homeland Security of 
the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs of the Sen-
ate a report on supervisor-approved personal searches con-
ducted in the previous year by United States Customs and 
Border Protection personnel. Such report shall include the 
number of personal searches conducted in each sector and 
field office, the number of invasive personal searches con-
ducted in each sector and field office, whether personal 
searches were conducted by Office of Field Operations or 
United States Border Patrol personnel, and how many 
personal searches resulted in the discovery of contraband. 
SEC. 6. INTERNATIONAL INITIATIVES. 
(a) NORTH AND CENTRAL AMERICAN BORDER SECU-
RITY
COOPERATION
INITIATIVE.—The Secretary of 
Homeland Security, in coordination with the Secretary of 
State, shall engage with the appropriate officials of the 
Government of Canada and the Government of Mexico to 
assess the specific needs of the countries of Central Amer-
ica to maintain the security of the international borders 
of such countries and determine the support needed by 
such countries from the United States, Canada, and Mex-
ico, to meet such needs. 
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Sfmt 6201
E:\BILLS\H3846.RFS
H3846
rfrederick on DSK6VPTVN1PROD with BILLS