United States Customs and Border Protection Authorization Act
Amends the Homeland Security Act of 2002 to establish formally, in the Department of Homeland Security (DHS), the U.S. Customs and Border Protection (CBP) (formerly the U.S. Customs Service), headed by the Commissioner of U.S. Customs and Border Protection.
Establishes in the CBP:
Requires the CBP Commissioner to establish, and update triennially, certain standard operating procedures for CBP personnel.
Directs the CBP Commissioner to require all CBP agents and officers to participate in a specified amount of continuing education to maintain an understanding of federal legal rulings, court decisions, and departmental policies, procedures, and guidelines.
Requires the CBP Commissioner to ensure that:
Directs the CBP Commissioner to publish wait times at the 20 U.S. airports with the highest volume of international travel and make this information available to the public on the CBP website.
Declares that the Transportation Security Administration shall be maintained as a distinct entity within DHS.
Removes the Office for Domestic Preparedness from within the Directorate of Border and Transportation Security and establishes it simply within DHS.
Transfers all functions of the Under Secretary for Border and Transportation Security to the DHS Secretary.
Authorizes the DHS Secretary (currently, the Under Secretary) to impose disciplinary action on any employee of the U.S. Immigration and Customs Enforcement and CBP who willfully deceives Congress or agency leadership on any matter.
Directs the CBP Commissioner to report to Congress on:
Requires the CBP Commissioner to assess CBP's physical infrastructure and technology needs at the 20 busiest land ports of entry.
Prohibits the DHS Secretary from entering into or renewing an agreement with a foreign country government for a CBP administered trusted traveler program unless that government certifies that it:
Expresses the sense of Congress that the Foreign Language Award Program (FLAP) incentivizes CBP officers and agents to attain and maintain competency in a foreign language.
Declares that no additional appropriations are authorized to carry out this Act. Requires this Act to be carried out using amounts otherwise available.
[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 878 Introduced in House (IH)]
114th CONGRESS
1st Session
H. R. 878
To provide for the authorization of border, maritime, and
transportation security responsibilities and functions in the
Department of Homeland Security and the establishment of United States
Customs and Border Protection, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 11, 2015
Mrs. Miller of Michigan (for herself, Mr. McCaul, and Mr. Vela)
introduced the following bill; which was referred to the Committee on
Homeland Security, and in addition to the Committee on Ways and Means,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of
the committee concerned
_______________________________________________________________________
A BILL
To provide for the authorization of border, maritime, and
transportation security responsibilities and functions in the
Department of Homeland Security and the establishment of United States
Customs and Border Protection, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Customs and Border
Protection Authorization Act''.
SEC. 2. ESTABLISHMENT OF UNITED STATES CUSTOMS AND BORDER PROTECTION.
(a) In General.--Section 411 of the Homeland Security Act of 2002
(6 U.S.C. 211) is amended to read as follows:
``SEC. 411. ESTABLISHMENT OF UNITED STATES CUSTOMS AND BORDER
PROTECTION; COMMISSIONER, DEPUTY COMMISSIONER, AND
OPERATIONAL OFFICES.
``(a) In General.--There is established in the Department an agency
to be known as United States Customs and Border Protection.
``(b) Commissioner of United States Customs and Border
Protection.--There shall be at the head of United States Customs and
Border Protection a Commissioner of United States Customs and Border
Protection (in this section referred to as the `Commissioner'), who
shall be appointed by the President, by and with the advice and consent
of the Senate.
``(c) Duties.--The Commissioner shall--
``(1) ensure the interdiction of persons and goods
illegally entering or exiting the United States;
``(2) facilitate and expedite the flow of legitimate
travelers and trade;
``(3) detect, respond to, and interdict terrorists, drug
smugglers and traffickers, human smugglers and traffickers, and
other persons who may undermine the security of the United
States, in cases in which such persons are entering, or have
recently entered, the United States;
``(4) safeguard the borders of the United States to protect
against the entry of dangerous goods;
``(5) oversee the functions of the Office of International
Trade established under section 402 of the Security and
Accountability for Every Port Act of 2006 (19 U.S.C. 2072;
Public Law 109-347);
``(6) enforce and administer all customs laws of the United
States, including the Tariff Act of 1930;
``(7) develop and implement screening and targeting
capabilities, including the screening, reviewing, identifying,
and prioritizing of passengers and cargo across all
international modes of transportation, both inbound and
outbound;
``(8) in coordination with the Secretary, deploy technology
to collect the data necessary for the Secretary to administer
the biometric entry and exit data system pursuant to section
7208 of the Intelligence Reform and Terrorism Prevention Act of
2004 (8 U.S.C. 1365b);
``(9) 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;
``(10) enforce and administer--
``(A) the Container Security Initiative program
under section 205 of the Security and Accountability
for Every Port Act of 2006 (6 U.S.C. 945; Public Law
109-347); and
``(B) the Customs-Trade Partnership Against
Terrorism program under sections 211 through 223 of
such Act (6 U.S.C. 961-973);
``(11) establish the standard operating procedures
described in subsection (k);
``(12) carry out the training required under subsection
(l); and
``(13) carry out other duties and powers prescribed by law
or delegated by the Secretary.
``(d) Deputy Commissioner.--There shall be in United States Customs
and Border Protection a Deputy Commissioner who shall assist the
Commissioner in the management of United States Customs and Border
Protection.
``(e) United States Border Patrol.--
``(1) In general.--There is established in United States
Customs and Border Protection the United States Border Patrol.
``(2) Chief.--There shall be at the head of the United
States Border Patrol a Chief, who shall be a uniformed law
enforcement officer chosen from the ranks of the United States
Border Patrol and who shall report to the Commissioner.
``(3) Duties.--The United States Border Patrol shall--
``(A) serve as the law enforcement office of United
States Customs and Border Protection with primary
responsibility for interdicting persons attempting to
illegally enter or exit the United States or goods
being illegally imported to or exported from the United
States at a place other than a designated port of
entry;
``(B) deter and prevent illegal entry of
terrorists, terrorist weapons, persons, and contraband;
and
``(C) carry out other duties and powers prescribed
by the Commissioner.
``(f) Office of Air and Marine Operations.--
``(1) In general.--There is established in United States
Customs and Border Protection an Office of Air and Marine
Operations.
``(2) Assistant commissioner.--There shall be at the head
of the Office of Air and Marine Operations an Assistant
Commissioner, who shall report to the Commissioner.
``(3) Duties.--The Office of Air and Marine Operations
shall--
``(A) serve as the law enforcement office within
United States Customs and Border Protection with
primary responsibility to detect, interdict, and
prevent acts of terrorism and the unlawful movement of
people, illicit drugs, and other contraband across the
borders of the United States in the air and maritime
environment;
``(B) oversee the acquisition, maintenance, and
operational use of United States Customs and Border
Protection integrated air and marine forces;
``(C) provide aviation and marine support for other
Federal, State, and local law enforcement agency needs,
as appropriate; and
``(D) carry out other duties and powers prescribed
by the Commissioner.
``(g) Office of Field Operations.--
``(1) In general.--There is established in United States
Customs and Border Protection an Office of Field Operations.
``(2) Assistant commissioner.--There shall be at the head
of the Office of Field Operations an Assistant Commissioner,
who shall report to the Commissioner.
``(3) Duties.--The Office of Field Operations shall
coordinate the enforcement activities of United States Customs
and Border Protection at United States air, land, and sea ports
of entry to--
``(A) deter and prevent terrorists and terrorist
weapons from entering the United States at such ports
of entry;
``(B) conduct inspections at such ports of entry to
safeguard the United States from terrorism and illegal
entry of persons;
``(C) prevent illicit drugs, agricultural pests,
and contraband from entering the United States;
``(D) in coordination with the Commissioner,
facilitate and expedite the flow of legitimate
travelers and trade;
``(E) administer the National Targeting Center
established under paragraph (4); and
``(F) carry out other duties and powers prescribed
by the Commissioner.
``(4) National targeting center.--
``(A) In general.--There is established in the
Office of Field Operations a National Targeting Center.
``(B) Executive director.--There shall be at the
head of the National Targeting Center an Executive
Director, who shall report to the Assistant
Commissioner of the Office of Field Operations.
``(C) Duties.--The National Targeting Center
shall--
``(i) serve as the primary forum for
targeting operations within United States
Customs and Border Protection to collect and
analyze traveler and cargo information in
advance of arrival in the United States;
``(ii) identify, review, and target
travelers and cargo for examination;
``(iii) coordinate the examination of entry
and exit of travelers and cargo; and
``(iv) carry out other duties and powers
prescribed by the Assistant Commissioner.
``(5) Annual report on staffing.--Not later than 30 days
after the date of the enactment of this section and annually
thereafter, the Assistant Commissioner shall submit to the
appropriate congressional committees a report on the staffing
model for the Office of Field Operations, including information
on how many supervisors, front-line United States Customs and
Border Protection officers, and support personnel are assigned
to each Field Office and port of entry.
``(h) Office of Intelligence and Investigative Liaison.--
``(1) In general.--There is established in United States
Customs and Border Protection an Office of Intelligence and
Investigative Liaison.
``(2) Assistant commissioner.--There shall be at the head
of the Office of Intelligence and Investigative Liaison an
Assistant Commissioner, who shall report to the Commissioner.
``(3) Duties.--The Office of Intelligence and Investigative
Liaison shall--
``(A) develop, provide, coordinate, and implement
intelligence capabilities into a cohesive intelligence
enterprise to support the execution of the United
States Customs and Border Protection duties and
responsibilities;
``(B) collect and analyze advance traveler and
cargo information;
``(C) establish, in coordination with the Chief
Intelligence Officer of the Department, as appropriate,
intelligence-sharing relationships with Federal, State,
local, and tribal agencies and intelligence agencies;
and
``(D) carry out other duties and powers prescribed
by the Commissioner.
``(i) Office of International Affairs.--
``(1) In general.--There is established in United States
Customs and Border Protection an Office of International
Affairs.
``(2) Assistant commissioner.--There shall be at the head
of the Office of International Affairs an Assistant
Commissioner, who shall report to the Commissioner.
``(3) Duties.--The Office of International Affairs, in
collaboration with the Office of International Affairs of the
Department, shall--
``(A) coordinate and support United States Customs
and Border Protection's foreign initiatives, policies,
programs, and activities;
``(B) coordinate and support United States Customs
and Border Protection's personnel stationed abroad;
``(C) maintain partnerships and information sharing
agreements and arrangements with foreign governments,
international organizations, and United States agencies
in support of United States Customs and Border
Protection duties and responsibilities;
``(D) provide necessary capacity building,
training, and assistance to foreign border control
agencies to strengthen global supply chain and travel
security;
``(E) coordinate mission support services to
sustain United States Customs and Border Protection's
global activities;
``(F) coordinate, in collaboration with the Office
of Policy of the Department, as appropriate, United
States Customs and Border Protection's engagement in
international negotiations; and
``(G) carry out other duties and powers prescribed
by the Commissioner.
``(j) Office of Internal Affairs.--
``(1) In general.--There is established in United States
Customs and Border Protection an Office of Internal Affairs.
``(2) Assistant commissioner.--There shall be at the head
of the Office of Internal Affairs an Assistant Commissioner,
who shall report to the Commissioner.
``(3) Duties.--The Office of Internal Affairs shall--
``(A) investigate criminal and administrative
matters and misconduct by officers, agents, and other
employees of United States Customs and Border
Protection;
``(B) perform investigations of United States
Customs and Border Protection applicants and periodic
reinvestigations (in accordance with section 3001 of
the Intelligence Reform and Terrorism Prevention Act of
2004 (50 U.S.C. 3341; Public Law 108-458)) of officers,
agents, and other employees of United States Custom and
Border Protection, including investigations to
determine suitability for employment and eligibility
for access to classified information;
``(C) conduct polygraph examinations in accordance
with section 3(1) of the Anti-Border Corruption Act of
2010 (Public Law 111-376);
``(D) perform inspections of United States Customs
and Border Protection programs, operations, and
offices;
``(E) conduct risk-based covert testing of United
States Customs and Border Protection operations,
including for nuclear and radiological risks;
``(F) manage integrity of United States Customs and
Border Protection counter-intelligence operations,
including conduct of counter-intelligence
investigations;
``(G) conduct research and analysis regarding
misconduct of officers, agents, and other employees of
United States Customs and Border Protection; and
``(H) carry out other duties and powers prescribed
by the Commissioner.
``(k) Standard Operating Procedures.--
``(1) In general.--The Commissioner shall establish--
``(A) standard operating procedures for searching,
reviewing, retaining, and sharing information contained
in communication, electronic, or digital devices
encountered by United States Customs and Border
Protection personnel at United States ports of entry;
``(B) standard use of force procedures officers and
agents of United States Customs and Border Protection
may employ in the execution of their duties, including
the use of deadly force and procedures for deescalating
confrontations, where possible;
``(C) a uniform, standardized, and publically-
available procedure for processing and investigating
complaints against officers, agents, and employees of
United States Customs and Border Protection for
violations of professional conduct, including the
timely disposition of complaints and a written
notification to the complainant of the status or
outcome, as appropriate, of the related investigation,
in accordance with section 552a of title 5, United
States Code (commonly referred to as the `Privacy Act'
or the `Privacy Act of 1974');
``(D) an internal, uniform reporting mechanism
regarding incidents involving the use of deadly force
by an officer or agent of United States Customs and
Border Protection, including an evaluation of the
degree to which the procedures required under
subparagraph (B) were followed; and
``(E) standard operating procedures, acting through
the Assistant Commissioner for Air and Marine
Operations and in coordination with the Office of Civil
Rights and Civil Liberties and the Office of Privacy of
the Department, to provide command, control,
communication, surveillance, and reconnaissance
assistance through the use of unmanned aerial systems,
including the establishment of--
``(i) a process for other Federal, State,
and local law enforcement agencies to submit
mission requests;
``(ii) a formal procedure to determine
whether to approve or deny such a mission
request;
``(iii) a formal procedure to determine how
such mission requests are prioritized and
coordinated;
``(iv) a process for establishing
agreements with other Federal, State, and local
law enforcement agencies regarding
reimbursement for such mission costs; and
``(v) a process regarding the protection
and privacy of data and images collected by
United States Customs and Border Protection
through the use of unmanned aerial systems.
``(2) Requirements regarding certain notifications.--The
standard operating procedures established pursuant to
subparagraph (A) of paragraph (1) shall require--
``(A) in the case of a search of information
conducted on an electronic device by United States
Customs and Border Protection personnel, the
Commissioner to notify the individual subject to such
search of the purpose and authority for such search,
and how such individual may obtain information on
reporting concerns about such search; and
``(B) in the case of information collected by
United States Customs and Border Protection through a
search of an electronic device, if such information is
transmitted to another Federal agency for subject
matter assistance, translation, or decryption, the
Commissioner to notify the individual subject to such
search of such transmission.
``(3) Exceptions.--
``(A) In general.--The Commissioner may withhold
the notifications required under paragraphs (1)(C) and
(2) if the Commissioner determines that such
notifications would impair national security, law
enforcement, or other operational interests.
``(B) Terrorist watch lists.--
``(i) Searches.--If the individual subject
to search of an electronic device pursuant to
subparagraph (A) of paragraph (1) is included
on a Government-operated or Government-
maintained terrorist watch list, the
notifications required under paragraph (2)
shall not apply.
``(ii) Complaints.--If the complainant
using the process established under
subparagraph (C) of paragraph (1) is included
on a Government-operated or Government-
maintained terrorist watch list, the
notification required under such subparagraph
shall not apply.
``(4) Update and review.--The Commissioner shall review and
update every three years the standard operating procedures
required under this subsection.
``(5) Audits.--The Inspector General of the Department of
Homeland Security shall develop and annually administer an
auditing mechanism to review whether searches of electronic
devices at or between United States ports of entry are being
conducted in conformity with the standard operating procedures
required under subparagraph (A) of paragraph (1). Such audits
shall be submitted to the appropriate congressional committees
and shall include the following:
``(A) A description of the activities of officers
and agents of United States Customs and Border
Protection with respect to such searches.
``(B) The number of such searches.
``(C) The number of instances in which information
contained in such devices that were subjected to such
searches was retained, copied, shared, or entered in an
electronic database.
``(D) The number of such devices detained as the
result of such searches.
``(E) The number of instances in which information
collected from such device was subjected to such
searches was transmitted to a another Federal agency,
including whether such transmission resulted in a
prosecution or conviction.
``(6) Requirements regarding other notifications.--The
standard operating procedures established pursuant to
subparagraph (B) of paragraph (1) shall require--
``(A) in the case of an incident of the use of
deadly force by United States Customs and Border
Protection personnel, the Commissioner to notify the
appropriate congressional committees; and
``(B) the Commissioner to provide to such
committees a copy of the evaluation pursuant to
subparagraph (D) of such paragraph not later than 30
days after completion of such evaluation.
``(7) Report on unmanned aerial systems.--The Commissioner
shall submit to the appropriate congressional committees an
annual report that reviews whether the use of unmanned aerial
systems are being conducted in conformity with the standard
operating procedures required under subparagraph (E) of
paragraph (1). Such reports--
``(A) shall be submitted with the President's
annual budget;
``(B) may be submitted in classified form if the
Commissioner determines that such is appropriate, and
``(C) shall include--
``(i) a detailed description of how, where,
and for how long data and images collected
through the use of unmanned aerial systems by
United States Customs and Border Protection is
collected and stored; and
``(ii) a list of Federal, State, and local
law enforcement agencies that submitted mission
requests in the previous year and the
disposition of such requests.
``(l) Training.--The Commissioner shall require all officers and
agents of United States Customs and Border Protection to participate in
a specified amount of continuing education (to be determined by the
Commissioner) to maintain an understanding of Federal legal rulings,
court decisions, and departmental policies, procedures, and guidelines.
``(m) Short Term Detention Standards.--
``(1) Access to food and water.--The Commissioner shall
make every effort to ensure that adequate access to food and
water is provided to an individual apprehended and detained by
a United States Border Patrol agent between a United States
port of entry as soon as practicable following the time of such
apprehension or during subsequent short term detention.
``(2) Access to information on detainee rights at border
patrol processing centers.--
``(A) In general.--The Commissioner shall ensure
that an individual apprehended by a United States
Border Patrol agent is provided with information
concerning such individual's rights, including the
right to contact a representative of such individual's
government for purposes of United States treaty
obligations.
``(B) Form.--The information referred to in
subparagraph (A) may be provided either verbally or in
writing, and shall be posted in the detention holding
cell in which such individual is being held. The
information shall be provided in a language
understandable to such individual.
``(3) Short term detention defined.--In this subsection,
the term `short term detention' means detention in a United
States Border Patrol processing center for 72 hours or less,
before repatriation to a country of nationality or last
habitual residence.
``(4) Report on procurement process and standards.--Not
later than 180 days after the date of the enactment of this
section, the Comptroller General of the United States shall
submit to the appropriate congressional committees a report on
the procurement process and standards of entities with which
United States Customs and Border Protection has contracts for
the transportation and detention of individuals apprehended by
agents or officers of United States Customs and Border
Protection. Such report should also consider the operational
efficiency of contracting the transportation and detention of
such individuals.
``(5) Report on inspections of short-term custody
facilities.--The Commissioner shall--
``(A) annually inspect all facilities utilized for
short term detention; and
``(B) make publically available information
collected pursuant to such inspections, including
information regarding the requirements under paragraphs
(1) and (2) and, where appropriate, issue
recommendations to improve the conditions of such
facilities.
``(n) Wait Times Transparency.--
``(1) In general.--The Commissioner shall--
``(A) publish live wait times at the 20 United
States airports that support the highest volume of
international travel (as determined by available
Federal flight data);
``(B) make information about such wait times
available to the public in real time through the United
States Customs and Border Protection Web site;
``(C) submit to the appropriate congressional
committees quarterly reports that include compilations
of all such wait times and a ranking of such United
States airports by wait times; and
``(D) provide adequate staffing at the United
States Customs and Border Protection information center
to ensure timely access for travelers attempting to
submit comments or speak with a representative about
their entry experiences.
``(2) Calculation.--The wait times referred to in paragraph
(1)(A) shall be determined by calculating the time elapsed
between an individual's entry into the United States Customs
and Border Protection inspection area and such individual's
clearance by a United States Customs and Border Protection
officer.
``(o) Other Authorities.--
``(1) In general.--The Secretary may establish such other
offices or Assistant Commissioners (or other similar officers
or officials) as the Secretary determines necessary to carry
out the missions, duties, functions, and authorities of United
States Customs and Border Protection.
``(2) Notification.--If the Secretary exercises the
authority provided pursuant to paragraph (1), the Secretary
shall notify the appropriate congressional committees not later
than 30 days before exercising such authority.
``(p) Other Federal Agencies.--Nothing in this section may be
construed as affecting in any manner the existing authority of any
other Federal agency, including the Transportation Security
Administration with respect to the duties of United States Customs and
Border Protection described in subsection (c).''.
(b) Special Rules.--
(1) Treatment.--Section 411 of the Homeland Security Act of
2002, as amended by subsection (a) of this section, shall be
treated as if included in such Act as of the date of the
enactment of such Act, and, in addition to the functions,
missions, duties, and authorities specified in such amended
section 411, United States Customs and Border Protection shall
continue to perform and carry out the functions, missions,
duties, and authorities under section 411 of such Act as in
existence on the day before such date of enactment, and section
415 of such Act.
(2) Rules of construction.--
(A) Rules and regulations.--Notwithstanding
paragraph (1), nothing in this Act may be construed as
affecting in any manner any rule or regulation issued
or promulgated pursuant to any provision of law,
including section 411 of the Homeland Security Act of
2002 as in existence on the day before the date of the
enactment of this Act, and any such rule or regulation
shall continue to have full force and effect on and
after such date.
(B) Other actions.--Notwithstanding paragraph (1),
nothing in this Act may be construed as affecting in
any manner any action, determination, policy, or
decision pursuant to section 411 of the Homeland
Security Act of 2002 as in existence on the day before
the date of the enactment of this Act, and any such
action, determination, policy, or decision shall
continue to have full force and effect on and after
such date.
(c) Continuation in Office.--
(1) Commissioner.--The individual serving as the
Commissioner of Customs on the day before the date of the
enactment of this Act may serve as the Commissioner of United
States Customs and Border Protection on and after such date of
enactment until a Commissioner of United States Customs and
Border Protection is appointed under section 411 of the
Homeland Security Act of 2002, as amended by subsection (a) of
this section.
(2) Other positions.--The individuals serving as Assistant
Commissioners and other officers and officials under section
411 of the Homeland Security Act of 2002 on the day before the
date of the enactment of this Act may serve as the appropriate
Assistant Commissioners and other officers and officials under
such section 411 as amended by subsection (a) of this section
unless the Commissioner of United States Customs and Border
Protection determines that another individual should hold such
position or positions.
(d) Reference.--
(1) Title 5.--Section 5314 of title 5, United States Code,
is amended by striking ``Commissioner of Customs, Department of
Homeland Security'' and inserting ``Commissioner of United
States Customs and Border Protection, Department of Homeland
Security''.
(2) Other references.--On and after the date of the
enactment of this Act, any reference in law or regulations to
the ``Commissioner of Customs'' or the ``Commissioner of the
Customs Service'' shall be deemed to be a reference to the
Commissioner of United States Customs and Border Protection.
(e) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by
striking the item relating to section 411 and inserting the following
new item:
``Sec. 411. Establishment of United States Customs and Border
Protection; Commissioner, Deputy
Commissioner, and operational offices.''.
SEC. 3. REPEALS.
Sections 416, 418, and 443 of the Homeland Security Act of 2002 (6
U.S.C. 216, 218, and 253), and the items relating to such sections in
the table of contents in section 1(b) of such Act, are repealed.
SEC. 4. CLERICAL AND CONFORMING AMENDMENTS.
(a) In General.--The Homeland Security Act of 2002 (6 U.S.C. 101 et
seq.) is amended--
(1) in title I--
(A) in section 102(f)(10) (6 U.S.C. 112(f)(10)), by
striking ``the Directorate of Border and Transportation
Security'' and inserting ``Commissioner of United
States Customs and Border Protection''; and
(B) in section 103(a)(1) (6 U.S.C. 113(a)(1))--
(i) in subparagraph (C), by striking ``An
Under Secretary for Border and Transportation
Security.'' and inserting ``A Commissioner of
United States Customs and Border Protection.'';
and
(ii) in subparagraph (G), by striking ``A
Director of the Office of Counternarcotics
Enforcement.'' and inserting ``A Director for
United States Immigration and Customs
Enforcement.''; and
(2) in title IV--
(A) by striking the title heading and inserting
``BORDER, MARITIME, AND TRANSPORTATION SECURITY'';
(B) in subtitle A--
(i) by striking the subtitle heading and
inserting ``Border, Maritime, and
Transportation Security Responsibilities and
Functions''; and
(ii) in section 402 (6 U.S.C. 202)--
(I) in the section heading, by
striking ``responsibilities'' and
inserting ``border, maritime, and
transportation responsibilities''; and
(II) by striking ``, acting through
the Under Secretary for Border and
Transportation Security,'';
(C) in subtitle B--
(i) by striking the subtitle heading and
inserting ``United States Customs and Border
Protection'';
(ii) in section 412(b) (6 U.S.C. 212), by
striking ``United States Customs Service'' each
place it appears and inserting ``United States
Customs and Border Protection'';
(iii) in section 413 (6 U.S.C. 213), by
striking ``available to the United States
Customs Service or'';
(iv) in section 414 (6 U.S.C. 214), by
striking ``United States Customs Service'' and
inserting ``United States Customs and Border
Protection''; and
(v) in section 415 (6 U.S.C. 215)--
(I) in paragraph (7), by inserting
before the colon the following: ``, and
of United States Customs and Border
Protection on the day before the
effective date of the United States
Customs and Border Protection
Authorization Act''; and
(II) in paragraph (8), by inserting
before the colon the following: ``, and
of United States Customs and Border
Protection on the day before the
effective date of the United States
Customs and Border Protection
Authorization Act'';
(D) in subtitle C--
(i) by striking section 424 (6 U.S.C. 234)
and inserting the following new section:
``SEC. 424. PRESERVATION OF TRANSPORTATION SECURITY ADMINISTRATION AS A
DISTINCT ENTITY.
``Notwithstanding any other provision of this Act, the
Transportation Security Administration shall be maintained as a
distinct entity within the Department.''; and
(ii) in section 430 (6 U.S.C. 238)--
(I) by amending subsection (a) to
read as follows:
``(a) Establishment.--There is established in the Department an
Office for Domestic Preparedness.'';
(II) in subsection (b), by striking
the second sentence; and
(III) in subsection (c)(7), by
striking ``Directorate'' and inserting
``Department''; and
(E) in subtitle D--
(i) in section 441 (6 U.S.C. 251)--
(I) by striking the section heading
and inserting ``transfer of
functions''; and
(II) by striking ``Under Secretary
for Border and Transportation
Security'' and inserting ``Secretary'';
and
(ii) by amending section 444 (6 U.S.C. 254)
to read as follows:
``SEC. 444. EMPLOYEE DISCIPLINE.
``Notwithstanding any other provision of law, the Secretary may
impose disciplinary action on any employee of United States Immigration
and Customs Enforcement and United States Customs and Border Protection
who willfully deceives Congress or agency leadership on any matter.''.
(b) Conforming Amendments.--Section 401 of the Homeland Security
Act of 2002 (6 U.S.C. 201) is repealed.
(c) Clerical Amendments.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended--
(1) by striking the item relating to title IV and inserting
the following:
``TITLE IV--BORDER, MARITIME, AND TRANSPORTATION SECURITY'';
(2) by striking the item relating to subtitle A of title IV
and inserting the following:
``Subtitle A--Border, Maritime, and Transportation Security
Responsibilities and Functions'';
(3) by striking the item relating to section 401;
(4) by striking the item relating to subtitle B of title IV
and inserting the following:
``Subtitle B--United States Customs and Border Protection'';
(5) by striking the item relating to section 441 and
inserting the following:
``Sec. 441. Transfer of functions.'';
and
(6) by striking the item relating to section 442 and
inserting the following:
``Sec. 442. United States Immigration and Customs Enforcement.''.
SEC. 5. REPORTS AND ASSESSMENTS.
(a) Report on Business Transformation Initiative.--Not later than
90 days after the date of the enactment of this Act, the Commissioner
of United States Customs and Border Protection shall submit to the
Committee on Homeland Security and the Committee on Ways and Means of
the House of Representatives and the Committee on Homeland Security and
Governmental Affairs and the Committee on Finance of the Senate a
report on United States Customs and Border Protection's Business
Transformation Initiative, including locations where the Initiative is
deployed, the types of equipment utilized, a description of protocols
and procedures, information on wait times at such locations since
deployment, and information regarding the schedule for deployment at
new locations.
(b) Port of Entry Infrastructure Needs Assessments.--Not later 180
days after the date of the enactment of this Act, the Commissioner of
United States Customs and Border Protection shall assess the physical
infrastructure and technology needs at the 20 busiest land ports of
entry (as measured by United States Customs and Border Protection) with
a particular attention to identify ways to--
(1) improve travel and trade facilitation;
(2) reduce wait times;
(3) improve physical infrastructure and conditions for
individuals accessing pedestrian ports of entry;
(4) enter into long-term leases with nongovernmental and
private sector entities;
(5) enter into lease-purchase agreements with
nongovernmental and private sector entities; and
(6) achieve cost savings through leases described in
paragraphs (4) and (5).
(c) Personal Searches.--Not later than 90 days after the date of
the enactment of this Act, the Commissioner of United States Customs
and Border Protection shall submit to the Committee on Homeland
Security of the House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate a report on supervisor-
approved personal searches conducted in the previous year by United
States Customs and Border Protection personnel. Such report shall
include the number of personal searches conducted in each sector and
field office, the number of invasive personal searches conducted in
each sector and field office, whether personal searches were conducted
by Office of Field Operations or United States Border Patrol personnel,
and how many personal searches resulted in the discovery of contraband.
SEC. 6. TRUSTED TRAVELER PROGRAMS.
The Secretary of Homeland Security may not enter into or renew an
agreement with the government of a foreign country for a trusted
traveler program administered by United States Customs and Border
Protection unless the Secretary certifies in writing that such
government--
(1) routinely submits to INTERPOL for inclusion in
INTERPOL's Stolen and Lost Travel Documents database
information about lost and stolen passports and travel
documents of the citizens and nationals of such country; or
(2) makes available to the United States Government the
information described in paragraph (1) through another means of
reporting.
SEC. 7. SENSE OF CONGRESS REGARDING THE FOREIGN LANGUAGE AWARD PROGRAM.
(a) Findings.--Congress finds the following:
(1) Congress established the Foreign Language Award Program
(FLAP) to incentivize employees at United States ports of entry
to utilize their foreign language skills on the job by
providing a financial incentive for the use of the foreign
language for at least ten percent of their duties after passage
of competency tests. FLAP incentivizes the use of more than two
dozen languages and has been instrumental in identifying and
utilizing United States Customs and Border Protection officers
and agents who are proficient in a foreign language.
(2) In 1993, Congress provided for dedicated funding for
this program by stipulating that certain fees collected by
United States Customs and Border Protection to fund FLAP.
(3) Through FLAP, foreign travelers are aided by having an
officer at a port of entry who speaks their language, and
United States Customs and Border Protection benefits by being
able to focus its border security efforts in a more effective
manner.
(b) Sense of Congress.--It is the sense of Congress that FLAP
incentivizes United States Customs and Border Protection officers and
agents to attain and maintain competency in a foreign language, thereby
improving the efficiency of operations for the functioning of United
States Customs and Border Protection's security mission, making the
United States a more welcoming place when foreign travelers find
officers can communicate in their language, and helping to expedite
traveler processing to reduce wait times.
SEC. 8. PROHIBITION ON NEW APPROPRIATIONS.
No additional funds are authorized to be appropriated to carry out
this Act and the amendments made by this Act, and this Act and such
amendments shall be carried out using amounts otherwise made available
for such purposes.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Homeland Security, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Homeland Security, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Homeland Security, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Border and Maritime Security.
Referred to the Subcommittee on Trade.
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