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113th Congress                                            Rept. 113-555
                        HOUSE OF REPRESENTATIVES
 2d Session                                                      Part 1

======================================================================



 
     UNITED STATES CUSTOMS AND BORDER PROTECTION AUTHORIZATION ACT

                                _______
                                

 July 24, 2014.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

         Mr. McCaul, from the Committee on Homeland Security, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 3846]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security, to whom was referred 
the bill (H.R. 3846) 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, having considered the same, report 
favorably thereon with an amendment and recommend that the bill 
as amended do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................    13
Background and Need for Legislation..............................    13
Hearings.........................................................    14
Committee Consideration..........................................    14
Committee Votes..................................................    18
Committee Oversight Findings.....................................    18
New Budget Authority, Entitlement Authority, and Tax Expenditures    18
Congressional Budget Office Estimate.............................    18
Statement of General Performance Goals and Objectives............    19
Duplicative Federal Programs.....................................    20
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................    20
Federal Mandates Statement.......................................    20
Preemption Clarification.........................................    20
Disclosure of Directed Rule Makings..............................    20
Advisory Committee Statement.....................................    20
Applicability to Legislative Branch..............................    20
Section-by-Section Analysis of the Legislation...................    20
Changes in Existing Law Made by the Bill, as Reported............    31
Committee Correspondence.........................................    46
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

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, 
        criminals, and other persons who may undermine the security of 
        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)), in 
        coordination with United States Immigration and Customs 
        Enforcement and United States Citizenship and Immigration 
        Services;
          ``(8) develop and implement screening and targeting 
        capabilities, including the screening, reviewing, identifying, 
        and prioritizing of passengers and cargo across all 
        international modes of transportation, both inbound and 
        outbound;
          ``(9) enforce and administer the laws relating to 
        agricultural import and entry inspection referred to in section 
        421;
          ``(10) in coordination with the Secretary, deploy technology 
        to collect the data necessary for the Secretary to administer 
        the biometric entry and exit data system pursuant to section 
        7208 of the Intelligence Reform and Terrorism Prevention Act of 
        2004 (8 U.S.C. 1365b);
          ``(11) in coordination with the Under Secretary for 
        Management of the Department, ensure United States Customs and 
        Border Protection complies with Federal law, the Federal 
        Acquisition Regulation, and the Department's acquisition 
        management directives for major acquisition programs of United 
        States Customs and Border Protection;
          ``(12) enforce and administer--
                  ``(A) the Container Security Initiative program under 
                section 205 of the Security and Accountability for 
                Every Port Act of 2006 (6 U.S.C. 945; Public Law 109-
                347); and
                  ``(B) the Customs-Trade Partnership Against Terrorism 
                program under sections 211 through 223 of such Act (6 
                U.S.C. 961-973);
          ``(13) establish the standard operating procedures described 
        in subsection (k);
          ``(14) carry out the training required under subsection (l); 
        and
          ``(15) carry out the 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.--
          ``(1) In general.--The Commissioner shall require all agents 
        and officers of United States Customs and Border Protection to 
        participate in a specified amount of continuing education (to 
        be determined by the Commissioner) to maintain an understanding 
        of Federal legal rulings, court decisions, and departmental 
        policies, procedures, and guidelines.
          ``(2) Ensuring training.--Not later than 90 days after the 
        date of the enactment of this section, the Commissioner shall 
        develop a database system that identifies for each United 
        States Customs and Border Protection officer or agent, by port 
        of entry or station--
                  ``(A) for each training course, the average time 
                allocated during on-duty hours within which training 
                must be completed;
                  ``(B) for each training course offered, the duration 
                of training and the average amount of time an officer 
                must be absent from work to complete such training 
                course; and
                  ``(C) certification of each training course by a 
                supervising officer that the officer is able to carry 
                out the function for which the training was provided, 
                and if training has been postponed, the basis for 
                postponing such training.
          ``(3) Use of data.--The Commissioner shall use the 
        information developed under paragraph (2) to--
                  ``(A) develop training requirements for United States 
                Customs and Border Protection officers to ensure that 
                such officers have sufficient training to conduct 
                primary and secondary inspections at Untied States 
                ports of entry; and
                  ``(B) measure progress toward achieving the training 
                requirements referred to in subparagraph (A).
  ``(m) Short Term Detention Standards.--
          ``(1) Access to food and water.--The Commissioner shall make 
        every effort to ensure that adequate access to food and water 
        is provided to an individual apprehended and detained by a 
        United States Border Patrol agent between a United States port 
        of entry as soon as practicable following the time of such 
        apprehension or during subsequent short term detention.
          ``(2) Access to information on detainee rights at border 
        patrol processing centers.--
                  ``(A) In general.--The Commissioner shall ensure that 
                an individual apprehended by a United States Border 
                Patrol agent is provided with information concerning 
                such individual's rights, including the right to 
                contact a representative of such individual's 
                government for purposes of United States treaty 
                obligations.
                  ``(B) Form.--The information referred to in 
                subparagraph (A) may be provided either verbally or in 
                writing, and shall be posted in the detention holding 
                cell in which such individual is being held. The 
                information shall be provided in a language 
                understandable to such individual.
          ``(3) Daytime repatriation.--When practicable, repatriations 
        shall be limited to daylight hours and avoid locations that are 
        determined to have high indices of crime and violence.
          ``(4) Short term detention defined.--In this subsection, the 
        term `short term detention' means detention in a United States 
        Border Patrol processing center for 72 hours or less, before 
        repatriation to a country of nationality or last habitual 
        residence.
          ``(5) Report on procurement process and standards.--Not later 
        than 180 days after the date of the enactment of this section, 
        the Comptroller General of the United States shall submit to 
        the appropriate congressional committees a report on the 
        procurement process and standards of entities with which United 
        States Customs and Border Protection has contracts for the 
        transportation and detention of individuals apprehended by 
        agents or officers of United States Customs and Border 
        Protection. Such report should also consider the operational 
        efficiency of contracting the transportation and detention of 
        such individuals.
          ``(6) Report on inspections of short-term custody 
        facilities.--The Commissioner shall--
                  ``(A) annually inspect all facilities utilized for 
                short term detention; and
                  ``(B) make publically available information collected 
                pursuant to such inspections, including information 
                regarding the requirements under paragraphs (1) and (2) 
                and, where appropriate, issue recommendations to 
                improve the conditions of such facilities.
  ``(n) Wait Times Transparency.--
          ``(1) In general.--The Commissioner shall--
                  ``(A) publish live wait times at the 20 United States 
                airports that support the highest volume of 
                international travel (as determined by available 
                Federal flight data);
                  ``(B) make information about such wait times 
                available to the public in real time through the United 
                States Customs and Border Protection Web site;
                  ``(C) submit to the appropriate congressional 
                committees quarterly reports that include compilations 
                of all such wait times and a ranking of such United 
                States airports by wait times; and
                  ``(D) provide adequate staffing at the United States 
                Customs and Border Protection information center to 
                ensure timely access for travelers attempting to submit 
                comments or speak with a representative about their 
                entry experiences.
          ``(2) Calculation.--The wait times referred to in paragraph 
        (1)(A) shall be determined by calculating the time elapsed 
        between an individual's entry into the United States Customs 
        and Border Protection inspection area and such individual's 
        clearance by a United States Customs and Border Protection 
        officer
  ``(o) Other Authorities.--
          ``(1) In general.--The Secretary may establish such other 
        offices or Assistant Commissioners (or other similar officers 
        or officials) as the Secretary determines necessary to carry 
        out the missions, duties, functions, and authorities of United 
        States Customs and Border Protection.
          ``(2) Notification.--If the Secretary exercises the authority 
        provided pursuant to paragraph (1), the Secretary shall notify 
        the appropriate congressional committees not later than 30 days 
        before exercising such authority.
  ``(p) Other Federal Agencies.--Nothing in this section may be 
construed as affecting in any manner the existing authority of any 
other Federal agency, including the Transportation Security 
Administration with respect to the duties of United States Customs and 
Border Protection described in subsection (c).''.
  (b) Special Rules.--
          (1) Treatment.--Section 411 of the Homeland Security Act of 
        2002, as amended by subsection (a) of this section, shall be 
        treated as if included in such Act as of the date of the 
        enactment of such Act, and, in addition to the functions, 
        missions, duties, and authorities specified in such amended 
        section 411, United States Customs and Border Protection shall 
        continue to perform and carry out the functions, missions, 
        duties, and authorities under section 411 of such Act as in 
        existence on the day before such date of enactment, and section 
        415 of such Act.
          (2) Rules of construction.--
                  (A) Rules and regulations.--Notwithstanding paragraph 
                (1), nothing in this Act may be construed as affecting 
                in any manner any rule or regulation issued or 
                promulgated pursuant to any provision of law, including 
                section 411 of the Homeland Security Act of 2002 as in 
                existence on the day before the date of the enactment 
                of this Act, and any such rule or regulation shall 
                continue to have full force and effect on and after 
                such date.
                  (B) Other actions.--Notwithstanding paragraph (1), 
                nothing in this Act may be construed as affecting in 
                any manner any action, determination, policy, or 
                decision pursuant to section 411 of the Homeland 
                Security Act of 2002 as in existence on the day before 
                the date of the enactment of this Act, and any such 
                action, determination, policy, or decision shall 
                continue to have full force and effect on and after 
                such date.
  (c) Continuation in Office.--
          (1) Commissioner.--The individual serving as the Commissioner 
        of Customs on the day before the date of the enactment of this 
        Act may serve as the Commissioner of United States Customs and 
        Border Protection on and after such date of enactment until a 
        Commissioner of United States Customs and Border Protection is 
        appointed under section 411 of the Homeland Security Act of 
        2002, as amended by subsection (a) of this section.
          (2) Other positions.--The individuals serving as Assistant 
        Commissioners and other officers and officials under section 
        411 of the Homeland Security Act of 2002 on the day before the 
        date of the enactment of this Act may serve as the appropriate 
        Assistant Commissioners and other officers and officials under 
        such section 411 as amended by subsection (a) of this section 
        unless the Commissioner of United States Customs and Border 
        Protection determines that another individual should hold such 
        position or positions.
  (d) Reference.--
          (1) Title 5.--Section 5314 of title 5, United States Code, is 
        amended by striking ``Commissioner of Customs, Department of 
        Homeland Security'' and inserting ``Commissioner of United 
        States Customs and Border Protection, Department of Homeland 
        Security''.
          (2) Other references.--On and after the date of the enactment 
        of this Act, any reference in law or regulations to the 
        ``Commissioner of Customs'' or the ``Commissioner of the 
        Customs Service'' shall be deemed to be a reference to the 
        Commissioner of United States Customs and Border Protection.
  (e) Clerical Amendment.--The table of contents in section 1(b) of the 
Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by 
striking the item relating to section 411 and inserting the following 
new item:

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

SEC. 3. REPEALS.

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

SEC. 4. CLERICAL AND CONFORMING AMENDMENTS.

  (a) In General.--The Homeland Security Act of 2002 (6 U.S.C. 101 et 
seq.) is amended--
          (1) in title I--
                  (A) in section 102(f)(10) (6 U.S.C. 112(f)(10)), by 
                striking ``the Directorate of Border and Transportation 
                Security'' and inserting ``Commissioner of United 
                States Customs and Border Protection''; and
                  (B) in section 103(a)(1) (6 U.S.C. 113(a)(1))--
                          (i) in subparagraph (C), by striking ``An 
                        Under Secretary for Border and Transportation 
                        Security.'' and inserting ``A Commissioner of 
                        United States Customs and Border Protection.''; 
                        and
                          (ii) in subparagraph (G), by striking ``A 
                        Director of the Office of Counternarcotics 
                        Enforcement.'' and inserting ``A Director for 
                        United States Immigration and Customs 
                        Enforcement.'';
          (2) in title IV--
                  (A) by striking the title heading and inserting 
                ``BORDER, MARITIME, AND TRANSPORTATION SECURITY''; and
                  (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 amending the item relating to section 402 to read as 
        follows:

``Sec. 402. Border, maritime, and transportation responsibilities.'';

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

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

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

``Sec. 441. Transfer of functions.''; and

          (7) by striking the item relating to section 442 and 
        inserting the following:

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

SEC. 5. REPORTS AND ASSESSMENTS.

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

SEC. 6. INTERNATIONAL INITIATIVES.

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

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

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

SEC. 8. TRUSTED TRAVELER PROGRAMS.

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

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

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

                          Purpose and Summary

    The purpose of H.R. 3846 is 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.

                  Background and Need for Legislation

    Congress has never authorized United States Customs and 
Border Protection (CBP) to perform the missions it carries out 
today. As a result, CBP operates on devolved authority granted 
to the Secretary of Homeland Security and on guidance provided 
by Congress through annual appropriations bills, rather than 
from specific authority accorded to the component by its 
authorizing committee. H.R.3846, the ``United States Customs 
and Border Protection Authorization Act,'' is the first attempt 
by the Congress, since the passage of the Homeland Security Act 
of 2002 (Pub. L. 107-296) (HSA), to clearly delineate the 
current authorities and responsibilities of the largest Federal 
law enforcement entity in the Nation.
    The HSA consolidated most Federal agencies with a nexus to 
border security into the newly-formed Department of Homeland 
Security. Most of these agencies were located in the 
Directorate of Border and Transportation Security (BTS), which 
was established under Title IV of the HSA. The BTS was charged 
with securing the borders, territorial waters, terminals, 
waterways, and air, land, and sea transportation systems of the 
United States, in addition to managing the Nation's ports of 
entry.
    On March 2, 2005, Secretary of Homeland Security, Michael 
Chertoff, announced that he was ``initiating a comprehensive 
review of the Department's organization, operations and 
policies.'' This effort was known as the Second Stage Review 
(2SR) and was made public in July 2005.
    One of the main 2SR recommendations carried out by 
Secretary Chertoff was the elimination of the BTS Directorate, 
pursuant to section 872 of the HSA, which gave the Secretary 
authority to reorganize functions and organizational units 
within DHS. With the elimination of BTS and its Under Secretary 
position, seven primary operational components within DHS, 
including CBP, gained a direct line to the Secretary and Deputy 
Secretary. Since that time, Congress has not formally amended 
the HSA to vest CBP with the duties and responsibilities it 
currently performs.
    The Committee believes that Congress has a responsibility 
to give the Department of Homeland Security--and its 
components--the necessary direction through the regular 
authorization process. To that end, H.R. 3846 is an important 
step.

                                Hearings

    The Committee did not hold any legislative hearings on 
H.R.3846, however, the Committee held oversight hearings 
detailed below:
    On April 4, 2014, the Subcommittee on Border and Maritime 
Security held a hearing entitled ``Passport Fraud: An 
International Vulnerability.'' The Subcommittee received 
testimony from Hon. Alan D. Bersin, Assistant Secretary of 
International Affairs and Chief Diplomatic Officer, U.S. 
Department of Homeland Security; Mr. John Wagner, Acting Deputy 
Assistant Commissioner, Office of Field Operations, Customs and 
Border Protection, U.S. Department of Homeland Security; Ms. 
Brenda S. Sprague, Deputy Assistant Secretary for Passport 
Services, Bureau of Consular Affairs, U.S. Department of State; 
and Hon. Shawn A. Bray, Director, INTERPOL Washington, U.S. 
National Central Bureau, U.S. Department of Justice.
    On April 8, 2014, the Subcommittee on Border and Maritime 
Security held a hearing entitled ``Authorizing Customs and 
Border Protection and Immigration and Customs Enforcement.'' 
The Subcommittee received testimony from Mr. Kevin K. 
McAleenan, Acting Deputy Commissioner, U.S. Customs and Border 
Protection, U.S. Department of Homeland Security; and Mr. 
Daniel H. Ragsdale, Acting Director, Immigrations and Customs 
Enforcement, U.S. Department of Homeland Security.

                        Committee Consideration

    The Committee met on June 11, 2014, to consider H.R. 3846, 
and ordered the measure to be reported to the House with a 
favorable recommendation, amended, by voice vote. The Committee 
took the following actions:
    The following amendments were offered:
 An Amendment in the Nature of a Substitute offered by Mrs. 
Miller of Michigan (#1); was AGREED TO by voice vote.

 An amendment by Mr. Duncan to the Amendment in the Nature of a 
Substitute to H.R. 3846 (#1A); was AGREED TO by voice vote.
     In subparagraph (E) of the proposed section 411(j)(3), insert 
``risk-based'' before ``covert testing''.
     In subparagraph (E) of the proposed section 411(j)(3), insert 
before the semicolon at the end the following: ``, including for 
nuclear and radiological risks''

 An en bloc amendment by Ms. Loretta Sanchez of California to 
the Amendment in the Nature of a Substitute to H.R. 3846 (#1B); 
was AGREED TO by voice vote. Consisting of the following 
amendments:
     An amendment:
     In the proposed section 5, add at the end a new subsection 
entitled ``(f) Report on Biometric Exit Data Capability.''

     An amendment:
     Redesignate section 7 as section 8.
     Insert after section 6 a new section 7 entitled ``Sec. 7. 
Treatment of Certain Application for Port of Entry Status.''

     An amendment by Mr. Thompson of Mississippi:
     In section 5, add at the end a new subsection entitled ``(f) 
Unmanned aerial Systems Strategy.''

 An amendment by Ms. Loretta Sanchez of California to the 
Amendment in the Nature of a Substitute to H.R. 3846 (#1C); was 
NOT AGREED TO by voice vote.
     In section 5, add at the end a new subparagraph entitled ``(f) 
International Border Technology Plan.''

 An amendment by Ms. Loretta Sanchez of California to the 
Amendment in the Nature of a Substitute to H.R. 3846 (#1D); was 
WITHDRAWN by unanimous consent.
     In the proposed section 411, add at the end a new subsection 
entitled ``Checkpoints and Roving Patrol Stops Data Collection 
Requirement.''

 An amendment by Mr. Marino to the Amendment in the Nature of a 
Substitute to H.R. 3846 (#1E); was AGREED TO by voice vote.
     In subsection (c) of the proposed section 411, redesignate 
paragraphs (11) through (14) as paragraphs (12) through (15), 
respectively.
     In subsection (c) of the proposed section 411, insert after 
paragraph (10) the following:
     ``(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.''.

 An en bloc amendment by Ms. Jackson Lee to the Amendment in 
the Nature of a Substitute to H.R. 3846 (#1F); was AGREED TO by 
voice vote. Consisting of the following amendments:
    An amendment:
     In section 5, add at the end a new subsection entitled ``(f) CBP 
Officer Training.''

    An amendment:
     In section 5(d), redesignate paragraph (6) as paragraph (7).
     In section 5(d), insert after paragraph (5) the following:
     (6) An assessment of whether current facilities utilized by United 
States Customs and Border Protection to house unaccompanied alien 
children are adequate to comply with all applicable laws, regulations, 
and standards regarding housing, feeding, and providing medical care 
for such children

 An amendment by Mr. Chaffetz to the Amendment in the Nature of 
a Substitute to H.R. 3846 (#1G); was AGREED TO by voice vote.
     In subsection (d) of section 5, add at the end the following: 
``(7) An identification and assessment of the factors causing 
unaccompanied alien children to migrate to the United States, including 
an assessment of how perceptions of enforcement policies and economic 
and social conditions, including incidents of violence, in countries of 
origin or last habitual residence may be attributed to a rise in 
attempted entries into the United States.

 An amendment by Mr. Barber to the Amendment in the Nature of a 
Substitute to H.R. 3846 (#1H); was AGREED TO by voice vote.
     In section 5, add at the end a new subsection entitled ``(f) 
Report on the Security of United States International Borders

 An amendment by Mr. Barletta to the Amendment in the Nature of 
a Substitute to H.R. 3846 (#1I); was AGREED TO by voice vote.
     In section 5(d), in the matter preceding paragraph (1), insert 
``and annually thereafter'' after ``this Act''
     In subsection (d) of section 5, add at the end the following
     (7) information on United States Border Patrol resources spent to 
care for unaccompanied alien children in the custody of the U.S. Border 
Patrol, including the number of Border Patrol Agents assigned to care 
for Unaccompanied Alien Children.
     (8) future estimates of Department of Homeland Security resources 
needed to care for expected increases in Unaccompanied Alien Children;
     (9) an identification of any operational or policy challenges 
impacting the Department of Homeland Security as a result of the any 
expected increase in Unaccompanied Alien Children

 An en bloc amendment by Mr. O'Rourke to the Amendment in the 
Nature of a Substitute to H.R. 3846 (#1J); was AGREED TO by 
voice vote. Consisting of the following amendments:
    An amendment:
     In section 5, add at the end a new subsection entitled ``(f) 
Personal Searches.''
     An amendment:
     In subsection (k) of the proposes section 411, add at the end a 
new paragraph entitled ``(6) Requirements regarding other 
notifications.''

    An amendment:
     In subsection (m) of the proposes section 411, add at the end a 
new paragraph entitled ``(6) Report on inspections of short-term 
custody facilities.''

    An amendment:
     In paragraph (2) of section 5(e), strike ``and'' at the end.
     In paragraph (3) of section 5(e), strike the period at the end and 
insert a semicolon.
     In section 5(e), add at the end the following:
     (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).

 An amendment by Mr. Perry to the Amendment in the Nature of a 
Substitute to H.R. 3846 (#1K); was AGREED TO by voice vote.
     In subparagraph (C), in proposed section 411(k)(1), strike ``and'' 
at the end.
     In subparagraph (D), in the proposed section 411(k)(1), strike the 
period at the end and insert ``; and".;
     In the proposed section 411(K)(1), add at the end a new 
subparagraph (E).
     In the proposed section 411(K), add at the end a new paragraph 
entitled ``(6) Report on Unmanned Aerial Systems.''

 An amendment on the roster by Mr. Swalwell to the Amendment in 
the Nature of a Substitute to H.R. 3846 (#1L); was ADOPTED by 
unanimous consent.
     Redesignate section 7 as section 9.
     Insert after section 6 the following new section: ``Sec. 7. 
Trusted Traveler Programs.''

    The Subcommittee on Border and Maritime Security met on May 
20, 2014, to consider H.R. 3846, and ordered the measure to be 
forwarded to the Full Committee with a favorable 
recommendation, amended, by voice vote. The Subcommittee took 
the following actions:
    The following amendments were offered:
 An Amendment in the Nature of a Substitute offered by Mrs. 
Miller of Michigan (#1); was AGREED TO by voice vote.

 An en bloc amendment to the Amendment in the Nature of a 
Substitute to H.R. 3846 offered by Ms. Loretta Sanchez of 
California (#1A); was AGREED TO by voice vote. Consisting of 
the following amendments:
     An amendment:
     In the proposed section 411(k), add at the end a new paragraph 
entitled ``(5) Audits.''

     An amendment:
     In the proposed section 411, add at the end a new subsection 
entitled ``(o) Short Term Detention Standards.''

     An amendment:
     In the proposed section 411, add at the end a new subsection 
entitled ``(o) Wait Times Transparency.''

     An amendment:
     In the proposed section 411, amend subsection (l) with a new 
subsection (l) Training.

     An amendment:
     In the proposed section 411(c), redesignate paragraph (10) through 
(12) as paragraphs (11) through (13), respectively.
     In proposed section 411(c), insert after paragraph (9) the 
following:
     ``(10) administer a 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);''

     An amendment:
     Add at the end a new section entitled ``Sec. 5. International 
Initiatives.''

 An amendment to the Amendment in the Nature of a Substitute to 
H.R. 3846 offered by Ms. Loretta Sanchez of California (#1B); 
was NOT AGREED TO by voice vote.
     In the proposed section 411, add at the end a new subsection 
entitled ``(o) Department of Homeland Security Border Oversight Task 
Force.''

 An amendment to the Amendment in the Nature of a Substitute to 
H.R. 3846 offered by Ms. Loretta Sanchez of California (#1C); 
was NOT AGREED TO by voice vote.
     In the proposed Section 411, add at the ends a new subsection 
entitled ``(o) Enhanced Customer Service Standards and Professionalism 
Training Plan.''

 An en bloc amendment to the Amendment in the Nature of a 
Substitute to H.R. 3846 offered by Ms. Jackson Lee (#1D); was 
AGREED TO by voice vote. Consisting of the following 
amendments:
     An amendment:
     In the proposed section 411(c)(11), strike ``and'' at the end.
     Redesignate the proposed section 411(c)(12) as section 411(c)(13).
     In the proposed section 411(c), insert after paragraph (11) the 
following: ``(12) submit the report required under subsection (o); 
and''.
      In proposed section 411, add at the end a new clause entitled 
``(o) Report on Contract Management Acquisition and Procurement 
Personnel.''

     An amendment:
     In the proposed section 411(g), add at the end a new section 
paragraph entitled ``(5) Annual report on staffing.''

     An amendment:
     Add at the ends a new section entitled ``Sec. 5. Sense of Congress 
Regarding the Foreign Language Award Program.''

     An amendment:
     Add at the end a new section entitled ``Sec. 5. Report on Business 
Transformation Initiative.''

 An amendment to the Amendment in the Nature of a Substitute to 
H.R. 3846 offered by Ms. Jackson Lee (#1E); was AGREED TO by 
voice vote.
     Add at the ends a new section entitled ``Sec. 5. Report on 
Unaccompanied Alien Children Apprehended at the Border.''

 An amendment to the Amendment in the Nature of a Substitute to 
H.R. 3846 offered by Ms. Jackson Lee (#1F); was WITHDRAWN by 
unanimous consent.
     Add at the end a new section entitled ``Sec. 5. Increase in United 
States Customs and Border Protection Officers.''

 An en bloc amendment to the Amendment in the Nature of a 
Substitute to H.R. 3846 offered by Mr. O'Rourke (#1G); was 
AGREED TO by voice vote. Consisting of the following 
amendments:
     An amendment:
     In the proposed section 411(c)(11), strike ``and'' at the end.
     In the proposed section 411(c), redesignate paragraph (12) as 
paragraph (13).
     In the proposed section 411(c), insert after paragraph (11) the 
following:
     ``(12) submit the report required under subsection (o); and''.
     In the proposed section 411, add at the end a new subsection 
entitled ``(o) Port of Entry Infrastructure Needs Assessments''

     An amendment:
     In the proposed section 411(k)(1)(B), insert before the semicolon 
at the end the following: ``, including procedures for deescalating 
confrontations, where possible''.
     In the proposed section 411(k)(1)(B), strike ``and'' at the end.
     In the proposed section 411(k)(1)(C), strike the period at the end 
and insert ``; and''.
     In the proposed section 411(k)(1), add at the end the following: 
``(D) uniform reporting of 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.''.

     An amendment:
     In the proposed section 411(c)(11), strike ``and'' at the end.
     In the proposed section 411(c), redesignate paragraph (12) as 
paragraph (13).
     In the proposed section 411(c), insert after paragraph (11) the 
following:
     ``(12) submit the report required under subsection (o); and''.
     In the proposed section 411, add at the end a new subsection 
entitled ``(o) Report on Migrant Deaths.''

                            Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list the recorded 
votes on the motion to report legislation and amendments 
thereto.
    No recorded votes were requested during consideration of 
H.R.3846.

                      Committee Oversight Findings

    Pursuant to clause 3(c)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee has held oversight 
hearings and made findings that are reflected in this report.

   New Budget Authority, Entitlement Authority, and Tax Expenditures

    In compliance with clause 3(c)(2) of rule XIII of the Rules 
of the House of Representatives, the Committee finds that H.R. 
3846, the United States Customs and Border Protection 
Authorization Act, would result in no new or increased budget 
authority, entitlement authority, or tax expenditures or 
revenues.

                  Congressional Budget Office Estimate

    The Committee adopts as its own the cost estimate prepared 
by the Director of the Congressional Budget Office pursuant to 
section 402 of the Congressional Budget Act of 1974.

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, July 18, 2014.
Hon. Michael McCaul,
Chairman, Committee on Homeland Security,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3846, the United 
States Customs and Border Protection Authorization Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Mark 
Grabowicz.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

H.R. 3846--United States Customs and Border Protection Authorization 
        Act

    H.R. 3846 would direct Customs and Border Protection (CBP) 
in the Department of Homeland Security to establish standard 
procedures for addressing complaints made against CBP employees 
and to enhance training for CBP officers and agents. The bill 
also would require the agency to prepare several minor reports 
for the Congress on a variety of issues, including the 
characteristics of CBP procurement personnel, infrastructure 
needs at ports of entry, and the problem of unaccompanied 
children apprehended at U.S. borders.
    Based on the cost of similar activities, CBO estimates that 
implementing H.R. 3846 would cost about $1 million in fiscal 
year 2015 and less than $500,000 annually thereafter, from 
appropriated funds, mostly for the required reports. According 
to CBP, much of the information needed for those reports has 
already been compiled. Enacting the legislation would not 
affect direct spending or revenues; therefore, pay-as-you-go 
procedures do not apply.
    H.R. 3846 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect the budgets of state, local, or tribal 
governments.
    The CBO staff contact for this estimate is Mark Grabowicz. 
The estimate was approved by Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

         Statement of General Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of rule XIII of the Rules of the 
House of Representatives, H.R. 3846 contains the following 
general performance goals and objectives, including outcome 
related goals and objectives authorized.
    The general performance goals and objectives of H.R. 3846 
is to vest United States Customs and Border Protection (CBP) 
with the statutory authorities and responsibilities to protect 
the international border of the United States while 
facilitating the flow of legitimate trade and travel. The 
Committee believes that granting such authority to CBP formally 
in statute will strengthen Homeland Security and the ability of 
CBP to carry out its mission.

                      Duplicative Federal Programs

    The Committee finds that H.R. 3846 does not contain any 
provision that establishes or reauthorizes a program known to 
be duplicative of another Federal program.

   Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
                                Benefits

    In compliance with rule XXI of the Rules of the House of 
Representatives, this bill, as reported, contains no 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of the rule 
XXI.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

                        Preemption Clarification

    In compliance with section 423 of the Congressional Budget 
Act of 1974, requiring the report of any Committee on a bill or 
joint resolution to include a statement on the extent to which 
the bill or joint resolution is intended to preempt State, 
local, or Tribal law, the Committee finds that H.R. 3846 does 
not preempt any State, local, or Tribal law.

                  Disclosure of Directed Rule Makings

    The Committee estimates that H.R. 3846 would require no 
directed rule makings.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

             Section-by-Section Analysis of the Legislation


Section 1.   Short Title.

    This section provides that this bill may be cited as the 
``United States Customs and Border Protection Authorization 
Act''.

Sec. 2.   Establishment of United States Customs and Border Protection.

Subsection (a)--In General.

    This section amends section 411 of the Homeland Security 
Act of 2002 (6 U.S.C. 211) to formally authorize United States 
Customs and Border Protection (CBP) within the Department of 
Homeland Security (DHS).

Sec. 411.   Establishment of United States Customs and Border 
        Protection; Commissioner, Deputy Commissioner, and Operational 
        Offices.

Subsection (a) of Sec. 411--In General.

    This subsection formally authorizes CBP as a component of 
the Department of Homeland Security. The Committee believes 
formally establishing CBP within the Homeland Security Act for 
the first time since the creation of the Department will 
improve oversight and better ensure that CBP follows 
Congressional intent and guidance in the execution of its vital 
mission to secure the border and facilitate trade and travel.

Subsection (b) of Sec. 411--Commissioner of United States Customs and 
        Border Protection.

    This subsection establishes a Commissioner to lead CBP. The 
Commissioner shall be appointed by the President and confirmed 
by the Senate.
    The Committee recognizes that the Commissioner's position 
is one of the most important within the DHS, overseeing one of 
the world's largest law enforcement organizations.

Subsection (c) of Sec. 411--Duties

    The subsection authorizes a litany of general duties for 
the Commissioner to carry out, including:
   Interdiction of persons and goods illegally entering 
        the United States;
   Facilitate and expedite flow of legitimate travelers 
        and trade;
   Detect, respond to, and interdict terrorists, drug 
        smugglers and traffickers, human smugglers and 
        traffickers, criminals, and other persons who may 
        undermine the security of the United States;
   Safeguard the borders of the United States to 
        protect against the entry of dangerous goods;
   Oversee the functions of the Office of International 
        Trade;
   Enforce and administer all customs laws of the 
        United States;
   Enforce and administer the immigration laws of the 
        United States, in coordination with United States 
        Immigration and Customs Enforcement (ICE) and United 
        States Citizenship and Immigration Services (USCIS);
   Develop and implement screening and targeting 
        capabilities, prioritizing passengers and cargo across 
        all international modes of transportation;
   Enforce and administer the laws related to 
        agricultural import and entry inspection;
   In coordination with the Secretary, deploy 
        technology to collect the data necessary for the 
        Secretary to administer the biometric entry and exit 
        data system;
   In coordination with the Secretary, ensure CBP 
        complies with Federal law, Federal Acquisition 
        Regulation, and the Department's acquisition management 
        directives;
   Enforce and administer the Container Security 
        Initiative and the Customs-Trade Partnership Against 
        Terrorism;
   Establish Standard Operating Procedures described in 
        section (k); and
   Carry out the duties and powers prescribed by law or 
        delegated by the Secretary.
    This authorization is intended to provide the Commissioner 
authorities in line with the current duties for the position. 
The Committee supports the mission of the National Targeting 
Center; risk-based screening programs like the Container 
Security Initiative and Customs-Trade Partnership against 
Terrorism, which identify and prioritize threats to the United 
States; and trusted traveler programs, such as Global Entry, 
which facilitate prescreened travelers. The Committee 
encourages the Department to further adopt risk-based processes 
to facilitate trade and travel for the low risk people and 
cargo entering the United States.

Subsection (d) of Sec. 411--Deputy Commissioner.

    H.R. 3846 establishes a Deputy Commissioner to assist the 
Commissioner in the management of CBP. The Committee intends 
the Deputy Commissioner to assist the Commissioner in 
overseeing the daily operations of CBP's 60,000-plus employee 
workforce and managing an operating budget of over $11 billion.

Subsection (e) of Sec. 411--United States Border Patrol.

    This subsection formally establishes the United States 
Border Patrol, headed by a Chief, to serve as the office within 
CBP with the primary responsibility of preventing persons and 
goods from unlawfully entering the country between ports of 
entry.
    Founded in 1924, the United States Border Patrol has a long 
and proud history as our Nation's first line of defense against 
illegal crossings. Today, the United State's Border Patrol's 
primary mission is to detect and prevent the entry of 
terrorists, weapons of mass destruction, and unlawful entry of 
persons into the country, and to interdict drug smugglers and 
other criminals along the border.
    The Committee supports the vital role the United States 
Border Patrol plays in protecting the Nation and strongly 
supports the United States Border Patrol in its efforts to 
secure our Nation's borders.

Subsection (f) of 411--Office of Air and Marine Operations.

    This subsection formally establishes the Office of Air and 
Marine Operations (OAM), headed by an Assistant Commissioner, 
to serve as the office within CBP with the primary 
responsibility of preventing the unlawful entry of people, 
drugs, and other contraband in the air and maritime 
environment. The Assistant Commissioner is also charged with 
overseeing the acquisition, maintenance and operational use of 
CBP's integrated air and marine forces, and provide aviation 
and maritime support to other Federal, State, and local law 
enforcement agencies, as appropriate.
    OAM is the world's largest aviation and maritime law 
enforcement organization--employing its fleet to detect, 
intercept and apprehend criminals in diverse environments of 
the U.S. borders. The Committee understands that air and marine 
law enforcement capabilities are a critical component of CBP's 
layered enforcement strategy for border security and, as such, 
the Committee recognizes OAM's operational value.
    OAM's specialized law enforcement capabilities allow it to 
make significant contributions to Departmental border security 
efforts, as well as assist Federal, State, local and Tribal 
agencies.

Subsection (g) of Sec. 411--Office of Field Operations.

    This subsection formally establishes the Office of Field 
Operations (OFO), headed by an Assistant Commissioner, to serve 
as the office within CBP with the responsibility of preventing 
the unlawful entry of persons and goods into the country at all 
air-, land-, and sea-ports of entry.
    The Committee appreciates the dual missions and vast 
responsibilities of the OFO. As the largest component within 
CBP, OFO's essential responsibilities range from securing the 
border to simultaneously facilitating the lawful trade and 
travel at U.S. ports of entry that is critical to our Nation's 
economy.
    To execute this vital mission, the Committee supports the 
use of risk-based targeting to identify and screen the highest 
threat cargo and people entering the United States. The 
Committee believes the work done by the National Targeting 
Center is vital to carry out CBP and OFO's important mission.
    In order to improve Congressional oversight, the Committee 
requires CBP to report to the appropriate Congressional 
committees on the OFO staffing model and staffing levels that 
are assigned to each port of entry. The Committee believes this 
information is vital for oversight purposes to hold CBP 
accountable for minimizing wait times at our Nation's ports of 
entry, and to properly inform the Congress regarding OFO 
staffing needs.
    The Committee understands that it takes CBP approximately 
18 months to recruit, hire and train new Officers. Ports of 
entry, and particularly airports, are dynamic environments, 
with some airports expecting rapid growth and other airports 
experiencing a decline in international passenger traffic.
    The Committee believes that future staffing decisions 
should be based on more than a snapshot in time; rather 
staffing decisions should also take into account a robust 
analysis of projected changes in passenger and cargo flow at 
ports of entry. Therefore, in complying with this section, the 
Committee directs the Office of Field Operations to consider 
projected changes at existing, expanding and new CBP facilities 
beyond an 18-month window when determining future staffing 
needs. In order to determine future needs, the Office of Field 
Operations shall actively consult with key stakeholders at 
airports, sea ports and land ports of entry, especially those 
with major expansion plans underway.

Subsection (h) of Sec. 411--Office of Intelligence and Investigative 
        Liaison.

    This subsection formally establishes the Office of 
Intelligence and Investigative Liaison (OIIL), headed by an 
Assistant Commissioner, to serve as the office within CBP 
responsible for developing an intelligence enterprise to 
support CBP in carrying out its responsibilities.
    OIIL supports CBP's mission through a multi-layered 
approach that includes collecting and analyzing advance 
traveler and cargo information, using enhanced law enforcement 
technical collection capabilities, providing analysis of 
intelligence and information, and establishing intelligence-
sharing relationships with Federal, State, and local agencies.
    The Committee recognizes the diverse intelligence 
capabilities of CBP and that a unified intelligence enterprise 
is essential. As such, the Committee supports CBP in being a 
coordinating facilitator to integrate these programs. The 
Committee also recognizes the important role DHS Intelligence 
and Analysis (DHS I&A;) provides in assisting components in 
intelligence analysis across the Department. The Committee 
believes CBP, OIIL and DHS I&A; should continue to work 
collaboratively to avoid unnecessary duplication of effort and 
ensure unity across the intelligence enterprise within DHS.

Subsection (i) of Sec. 411--Office of International Affairs.

    This subsection formally establishes the Office of 
International Affairs, headed by an Assistant Commissioner, to 
serve as the office within CBP with the responsibility to 
coordinate and support the foreign policy initiatives and 
international programs of CBP.
    The Committee supports CBP's Office of International 
Affairs mission to coordinate and support foreign initiatives, 
programs and activities with our external partners worldwide. 
The Committee believes the international engagement and 
capacity-building abroad contribute to the security of our 
Nation. These programs, which promote anti-terrorism, border 
security, non-proliferation, export control, and customs 
control, are essential to preventing terrorists and illicit or 
dangerous cargo from entering the United States.
    The Committee believes continued efforts to strengthen 
international relationships and achieve a secure international 
environment to facilitate and secure legitimate trade and 
travel should be a priority of the Department.

Subsection (j) of Sec. 411--Office of Internal Affairs.

    This subsection formally establishes the Office of Internal 
Affairs, headed by an Assistant Commissioner, to serve as the 
office within CBP with the responsibility to investigate 
criminal and administrative matters of misconduct involving 
personnel, conduct risk-based covert testing, and administer 
other integrity-related programs.
    The Committee believes it is imperative that an agency with 
the size and importance of CBP have a robust Office of Internal 
Affairs to ensure compliance with all laws and policies 
relating to corruption, misconduct, and mismanagement. Further, 
the Committee believes CBP should ensure the independence of 
its officers conducting covert testing to help maintain 
objectivity and ensure non-biased results.

Subsection (k) of Sec. 411--Standard Operating Procedures.

    This subsection establishes standard operating procedures 
and processes. These include:
   A standard operating procedure for searching, 
        reviewing, retaining, and sharing information contained 
        in electronic, communication, or digital device 
        encountered by CBP at ports of entry and requires 
        certain notifications when such devices are searched. 
        The Committee recognizes the broad authority vested in 
        CBP to conduct searches at the border. This authority 
        includes the authority to search persons, vehicles and 
        possessions, including electronic devices, without 
        reasonable suspicion. Nonetheless, the Committee 
        believes that establishing clear guidelines and 
        providing information to Congress is a manageable 
        requirement for CBP. This subsection in no way limits 
        CBP's authority to conduct searches at our Nation's 
        ports of entry.
   A standard operating procedure regarding the use of 
        force that CBP officers and agents may employ in the 
        execution of their duties.
   A standard operating procedure regarding the use of 
        UAS, including a process for other Federal, State, and 
        local law enforcement agencies to submit mission 
        requests. The Committee believes standard operating 
        procedures will improve transparency and accountability 
        of CBP's UAS program. The Committee expects a more 
        transparent and standardized process to be developed. 
        The Committee also requires the Commissioner to provide 
        an annual report on the extent to which UAS are flown 
        in accordance to such policies required by this bill. 
        This will ensure greater consistency and 
        standardization of the process that will be developed.
   A standardized, uniform, and publicly available 
        complaint process for violations of professional 
        misconduct and would establish a uniform reporting 
        mechanism regarding incidents involving the use of 
        deadly force.
    The standard operating procedures in this section are 
intended to codify existing CBP policies and provide additional 
Congressional oversight through rigorous reporting to ensure 
these policies are carried out properly.
    The Committee believes that uniform procedures and 
reporting will provide greater transparency and improve CBP 
accountability into these sensitive searches at the border. 
Additionally, any deviations involving the use of force or 
professional misconduct can be identified and resolved in a 
more effective and prompt manner.
    While the Committee believes it is important for CBP to be 
more transparent, it recognizes the sensitive nature of these 
policies. These standardized procedures are not intended to 
limit national security or officer safety, but rather ensure 
that policies are appropriately followed.

Subsection (l) of Sec. 411--Training.

    This subsection requires recurring education and training 
for CBP officers and agents, particularly related to changes in 
regulations, policies or guidelines.
    The Committee believes that all training and workforce 
development efforts should support CBP's mission and strategic 
goals, meet the needs of a diverse and dispersed workforce, and 
contribute to measurable outcomes and results.

Subsection (m) of Sec. 411--Short Term Detention Standards.

    This subsection requires CBP to establish short-term 
detention standards, including a detainee's access to food and 
water, and certain information. This subsection also 
establishes a database containing information concerning 
repatriated individuals, and to the extent practicable, 
authorizes daytime repatriation. This subsection also requires 
the Government Accountability Office to submit a report to 
Congress on CBP's procurement of contracts for transportation 
and detention of individuals apprehended by CBP.
    The Committee believes that standards for short-term 
detention and humane repatriation should be established and 
consistently followed. The Committee expects detention 
facilities to be physically inspected and any deficiencies 
addressed in a prompt and thorough manner.

Subsection (n) of Sec. 411--Wait Times Transparency.

    This section requires the Commissioner of CBP to publish 
live wait times at the 20 busiest airports and make such 
information available to the public.
    The Committee believes that utilizing technology to assist 
CBP in measuring wait times will help CBP minimize wait times, 
to the extent possible. Making such information publicly 
available benefits travelers entering the United States.
    At land ports of entry where live wait time information is 
available--including as part of the Department of Homeland 
Security's Beyond the Border Initiative--helps redirect traffic 
to a nearby port of entry that may be underutilized, which in 
turn reduces wait times at other ports of entry.

Subsection (o) of Sec. 411--Other Authorities.

    This subsection authorizes the Secretary of Homeland 
Security to establish other offices or Assistant Commissioners, 
as necessary, to carry out the missions, duties, functions, and 
other authorities necessary.
    The Committee does not intend to limit the Secretary's 
ability to properly staff CBP in order to carry out its 
important mission, but believes appropriate notification of 
major organizational changes is warranted.

Subsection (p) of Sec. 411--Other Federal Agencies.

    This subsection clarifies that nothing in this section 
shall affect the authorities of any other Federal agencies.
    Establishing other offices or Assistant Commissioners, as 
the Secretary of Homeland Security deems necessary to carry out 
the mission, duties, functions and authorities of CBP, will 
have no effect on the existing authorities of any other Federal 
agency.

Subsection (b)--Special Rules.

    This subsection affirms that CBP shall continue to carry 
out the functions, missions, duties, and authorities that were 
vested in them prior to the passage of this act. Further, this 
subsection makes clear that rules, regulations, and policies 
issued by CBP pursuant to section 411 of the Homeland Security 
Act prior to the passage of this act shall remain in place.

Subsection (c)--Continuation In Office.

    This subsection clarifies that the Commissioner of CBP as 
well as Assistant Commissioners and other CBP officials may 
continue to serve in their roles after passage of this act.

Subsection (d)--Reference.

    This subsection amends 5 U.S.C.   5314 to include the 
Commissioner of CBP in place of the outdated ``Commissioner of 
Customs'' position in the Level III Executive Pay Schedule.

Subsection (e)--Clerical Amendment.

    This subsection simply amends the table of contents in the 
Homeland Security Act of 2002 to reflect the changes made by 
this act.

Sec. 3.   Repeals.

    This section repeals provisions in the HSA that are no 
longer necessary or have already been fulfilled. These include: 
Sec. 416, which mandated a Government Accountability Office 
report that was completed in 2003; Section 418, which required 
a report from the Secretary of the Treasury that was completed 
in 2003; and Sec. 443, which established professional 
responsibility authorities with the former Under Secretary for 
Border and Transportation Security.
    Section 443 is unnecessary given that H.R. 3846 now 
codifies those authorities within the Office of Internal 
Affairs at CBP.

Sec. 4.   Clerical and Conforming Amendments.

    This section amends sections of the HSA to accurately 
reflect current titles and functions.
    In addition, this section amends section 424 of the HSA to 
maintain the Transportation Security Administration as a 
distinct entity within the Department of Homeland Security.
    Finally, this section amends section 444 of the HSA to 
grant the Secretary of Homeland Security the authority to 
discipline any employee of CBP or ICE who willfully deceives 
Congress or DHS leadership.

Sec. 5.   Reports and Assessments.

Subsection (a)--Report on Contract Management Acquisition and 
        Procurement Personnel.

    This subsection requires a report related to contract 
management acquisition and procurement personnel under CBP's 
Office of Technology Innovation and Acquisition. The report on 
contract management personnel will be useful to identify CBP's 
contract management and acquisition personnel needs.

Subsection (b)--Report on Migrant Deaths.

    This subsection requires the CBP Commissioner to provide a 
report to Congress on migrant deaths occurring along the US-
Mexico border. The Committee supports CBP's efforts to mitigate 
migrant deaths through use of rescue operations conducted by 
Border Patrol Search, Trauma and Rescue (BORSTAR) teams, and 
recognizes that security infrastructure has made illicit 
transit of the border more difficult.

Subsection (c)--Report on Business Transformation Initiative.

    The Committee expects the report on CBP's Business 
Transformation Initiative required under this act will help the 
Committee understand how technology and changes to processes 
are improving CBP's capacity to facilitate trade and travel, 
while mitigating wait times at the border. The Committee 
recognizes that the expansion of business transformation 
processes like Global Entry and Automated Passport Control 
kiosks have allowed CBP to reduce wait times, allowing officers 
to focus more on the security functions of their jobs, and less 
on the administrative functions, ultimately resulting in a more 
secure and efficient border. This information is essential for 
Congress to understand CBP's staffing and technological needs 
to meet increases in trade and travel volume, which are 
expected to continue over the next few years.

Subsection (d)--Report on Unaccompanied Alien Children Apprehended at 
        the Border.

    The Committee has significant concerns about the recent 
surge of Unaccompanied Alien Children (UAC) at the border, 
primarily apprehended in the Rio Grande Valley, and whether 
that surge impacts CBP's operational posture. The influx has 
overwhelmed short-term detention capacity and processing 
capabilities in the area. The information requested in this 
report will help the Committee identify the root causes of the 
surge and to ensure CBP has the resources it needs to respond.

Subsection (e)--Port of Entry Infrastructure Needs Assessments.

    The Committee recognizes the importance of port of entry 
infrastructure to facilitating legitimate trade and travel and 
that improving and expanding port of entry infrastructure 
remains one of the most significant challenges toward a smart, 
efficient and secure border. The Commissioner of CBP is 
required to conduct an assessment identifying infrastructure 
needs at the 20 busiest land ports of entry. The Committee 
believes that the identification of such infrastructure needs 
is essential to identifying those ports of entry most in need 
of infrastructure upgrade or expansion. The Committee believes 
identifying infrastructure needs will assist CBP in planning 
joint infrastructure projects with both Canadian and Mexican 
border agencies to ensure priorities are aligned.

Subsection (f)--Unmanned Aerial Systems Strategy.

    The Committee believes CBP should update its Unmanned 
Aerial Systems Strategy to identify mission and goals of the 
program, the expected level of operations, and the funding and 
anticipated stakeholder needs and resource requirements of such 
program. The Committee believes that an updated strategy is 
essential to improve the utilization of the program and ensure 
the program meets CBP's security needs. The Committee 
recognizes that significant investments have been made into the 
UAS program, and that an updated strategy should be provided in 
order to maximize return on what has already been a substantial 
investment.

Subsection (g)--Report on Biometric Exit Data Capability at Airports.

    This subsection requires the Commissioner to report on the 
collaborative effort undertaken by CBP and the Science and 
Technology Directorate (S&T;) at DHS as part of the joint Air 
Entry/Exit Re-engineering (AEER) Apex project to determine how 
to deploy a biometric air exit capability at airports. The 
Committee recognizes the purpose of the AEER Project is to 
analyze, develop, test, pilot, and evaluate integrated 
approaches to biometrically confirm the departure of non-U.S. 
citizens at U.S. airports, as well as to introduce more 
efficient traveler facilitation processes and effective 
biometric technologies to screen travelers entering the U.S. 
The Committee supports this collaboration as part of the Apex 
project, and believes this is an appropriate use of S&T;'s 
limited resources to apply technical and scientific expertise 
to solve an important problem for the Department.

Subsection (h)--CBP Officer Training.

    This subsection requires the Commissioner to submit to 
Congress a report on the current capacity of CBP to recruit, 
hire, and train additional CBP Officers to meet staffing needs, 
as identified by CBP's Workforce Staffing Model. The Committee 
recognizes that despite funding 2,000 additional CBP Officers 
in the Consolidated Appropriations Act, 2014 (Pub. L. 113-76), 
it will take significant time for CBP to recruit, hire, and 
train these additional officers. The Committee expects this 
report to describe CBP needs to fully support the number of 
officers indicated by the model and provide Congress with the 
information it needs to ultimately determine the appropriate 
staffing levels necessary for CBP to secure our borders and 
facilitate the flow of legitimate trade and travel.

Subsection (i)--Report on the Security of United States International 
        Borders.

    This subsection requires the Commissioner to develop 
specific metrics for measuring the status of security of the 
border, including measuring effectiveness of current resource 
allocations, informed by input from stakeholders on the border. 
The Committee believes developing such outcome-based metrics, 
which identify effectiveness, not just activity, is long 
overdue, and continues to encourage CBP to identify such 
metrics. The Committee believes such metrics are necessary to 
provide Congress an understanding of how effective resources 
applied to the border are in enhancing security. The Committee 
must once again note that without a Department-wide strategy, 
CBP cannot effectively secure the border and will only push 
illicit activity to other areas.

Subsection (j)--Personal Searches.

    This subsection requires the Commissioner to report to 
Congress on supervisor-approved personal searches conducted by 
CBP in the previous year. The report will include the number of 
searches, the location of such searches, the subcomponent 
responsible, and the result of such searches. The Committee 
recognizes that Officers and Agents conduct numerous searches 
throughout the course of their duties for purposes of officer 
safety. This report should only address those searches which 
require supervisor approval, which CBP has told the Committee 
occur much more infrequently.

Sec. 6.   International Initiatives.

    This section requires the Secretary of Homeland Security, 
in coordination with the Secretary of State, to engage 
appropriate international officials to assess specific needs to 
improve border and maritime security. This section specially 
authorizes initiatives with:
   Central American nations to maintain security of the 
        international borders;
   The Government of Mexico to assess specific needs 
        related to Mexico's southern border; and
   The appropriate governments of Caribbean nations to 
        assess maritime and border security challenges in that 
        region.
    The Committee believes that coordinating with other Western 
Hemisphere nations to better establish border and maritime 
security is a smart practice. Working with our allies in the 
Western Hemisphere not only increases the security of our 
borders, but also provides an opportunity to make their 
countries--and the region--safer.
    Additionally, the Committee recognizes the surge in recent 
years of ``Other than Mexicans'' (OTM) attempting to cross 
illegally along the Southwest Border of the United States. The 
Committee believes that coordinated efforts with the Government 
of Mexico and Central American countries could help reduce the 
flow of individuals seeking to enter the U.S. unlawfully prior 
to their arrival at our border.
    Furthermore, the Committee is aware that there are 
significant challenges in the Caribbean as the Department's 
drug interdiction rate is well below 20 percent. The Committee 
believes that coordinating with Caribbean partners and 
understanding the specific needs of these nations may improve 
our interruption of those individuals and networks trying to 
smuggle illicit drugs and migrants into the United States.

Sec. 7.   Treatment of Certain Applications for Port of Entry Status.

    This section requires the Department to give airports that 
have had more than 100,000 international passengers in a 
previous calendar year priority consideration for port of entry 
status.

Sec. 8.   Trusted Traveler Programs.

    This section prohibits the Secretary of Homeland Security 
from entering into or renewing an agreement with a foreign 
government for a Trusted Traveler Program administered by CBP 
unless the Secretary certifies that such government routinely 
submits information to INTERPOL's Stolen and Lost Travel 
Document (SLTD) database or otherwise makes such information 
available to the United States.
    In April 2014, the Subcommittee on Border and Maritime 
Security held a hearing on the issue of passport fraud and 
received testimony that, with only a few exceptions, only those 
nations that are members of the Visa Waiver Program regularly 
submit timely data to the SLTD. The Committee believes 
population of INTERPOL's SLTD database provides significant 
aviation and homeland security benefits to the United States, 
and therefore should be a requirement for any country wishing 
to enter into Trusted Traveler Program agreement with the 
United States.

Sec. 9.   Sense of Congress Regarding the Foreign Language Award 
        Program.

    This section provides a sense of Congress supporting CBP's 
Foreign Language Award Program (FLAP).
    The Committee supports the FLAP program and believes that 
CBP personnel benefit from foreign language skills which 
enhance the ability of CBP to perform its vital mission.
    The Committee expects CBP to continually analyze their 
foreign language needs, requirements and capabilities to assess 
their workforce. FLAP not only helps CBP attract and retain the 
most qualified employees, but it also enhances their ability to 
better meet the needs of the diverse public they serve and 
protect. Furthermore, FLAP helps to improve operational 
efficiency, expediting traveler processing and make the United 
States a more welcoming destination.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

                     HOMELAND SECURITY ACT OF 2002


SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) * * *
  (b) Table of Contents.--The table of contents for this Act is 
as follows:

     * * * * * * *

      [TITLE IV--DIRECTORATE OF BORDER AND TRANSPORTATION SECURITY

  [Subtitle A--Under Secretary for Border and Transportation Security]

         TITLE IV--BORDER, MARITIME, AND TRANSPORTATION SECURITY

       Subtitle A--Border, Maritime, and Transportation Security 
                     Responsibilities and Functions

[Sec. 401. Under Secretary for Border and Transportation Security.
[Sec. 402. Responsibilities.]
Sec. 402. Border, maritime, and transportation responsibilities.
     * * * * * * *

               [Subtitle B--United States Customs Service]

         Subtitle B--United States Customs and Border Protection

[Sec. 411. Establishment; Commissioner of Customs.]
Sec. 411. Establishment of United States Customs and Border Protection; 
          Commissioner, Deputy Commissioner, and operational offices.
     * * * * * * *
[Sec. 416. GAO report to Congress.]
     * * * * * * *
[Sec. 418. Reports to Congress.]
     * * * * * * *

              Subtitle D--Immigration Enforcement Functions

[Sec. 441. Transfer of functions to Under Secretary for Border and 
          Transportation Security.
[Sec. 442. Establishment of Bureau of Border Security.
[Sec. 443. Professional responsibility and quality review.]
Sec. 441. Transfer of functions.
Sec. 442. United States Immigration and Customs Enforcement.

           *       *       *       *       *       *       *


TITLE I--DEPARTMENT OF HOMELAND SECURITY

           *       *       *       *       *       *       *


SEC. 102. SECRETARY; FUNCTIONS.

  (a) * * *

           *       *       *       *       *       *       *

  (f) Special Assistant to the Secretary.--The Secretary shall 
appoint a Special Assistant to the Secretary who shall be 
responsible for--
          (1) * * *

           *       *       *       *       *       *       *

          (10) coordinating with [the Directorate of Border and 
        Transportation Security] Commissioner of United States 
        Customs and Border Protection and the Assistant 
        Secretary for Trade Development of the Department of 
        Commerce on issues related to the travel and tourism 
        industries; and

           *       *       *       *       *       *       *


SEC. 103. OTHER OFFICERS.

  (a) Deputy Secretary; Under Secretaries.--(1) In general.--
Except as provided under paragraph (2), there are the following 
officers, appointed by the President, by and with the advice 
and consent of the Senate:
          (A) * * *

           *       *       *       *       *       *       *

          (C) [An Under Secretary for Border and Transportation 
        Security.] A Commissioner of United States Customs and 
        Border Protection.

           *       *       *       *       *       *       *

          (G) [A Director of the Office of Counternarcotics 
        Enforcement.] A Director for United States Immigration 
        and Customs Enforcement.

           *       *       *       *       *       *       *


 TITLE IV--[DIRECTORATE OF BORDER AND TRANSPORTATION SECURITY] BORDER, 
                 MARITIME, AND TRANSPORTATION SECURITY

 Subtitle A--[Under Secretary for Border and Transportation Security] 
  Border, Maritime, and Transportation Security Responsibilities and 
                               Functions

[SEC. 401. UNDER SECRETARY FOR BORDER AND TRANSPORTATION SECURITY.

  [There shall be in the Department a Directorate of Border and 
Transportation Security headed by an Under Secretary for Border 
and Transportation Security.]

SEC. 402. [RESPONSIBILITIES]  BORDER, MARITIME, AND TRANSPORTATION 
                    RESPONSIBILITIES.

   The Secretary[, acting through the Under Secretary for 
Border and Transportation Security,] shall be responsible for 
the following:
          (1) * * *

           *       *       *       *       *       *       *


 Subtitle B--[United States Customs Service] United States Customs and 
                           Border Protection

[SEC. 411. ESTABLISHMENT; COMMISSIONER OF CUSTOMS.

  [(a) Establishment.--There is established in the Department 
the United States Customs Service, under the authority of the 
Under Secretary for Border and Transportation Security, which 
shall be vested with those functions including, but not limited 
to those set forth in section 415(7), and the personnel, 
assets, and liabilities attributable to those functions.
  [(b) Commissioner of Customs.--
          [(1) In general.--There shall be at the head of the 
        Customs Service a Commissioner of Customs, who shall be 
        appointed by the President, by and with the advice and 
        consent of the Senate.
          [(2) Compensation.--Section 5314 of title 5, United 
        States Code, is amended by striking ``Commissioner of 
        Customs, Department of the Treasury'' and inserting 
        ``Commissioner of Customs, Department of Homeland 
        Security''.
          [(3) Continuation in office.--The individual serving 
        as the Commissioner of Customs on the day before the 
        effective date of this Act may serve as the 
        Commissioner of Customs on and after such effective 
        date until a Commissioner of Customs is appointed under 
        paragraph (1).]

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, criminals, and other persons who may 
        undermine the security of 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)), in coordination with United States 
        Immigration and Customs Enforcement and United States 
        Citizenship and Immigration Services;
          (8) develop and implement screening and targeting 
        capabilities, including the screening, reviewing, 
        identifying, and prioritizing of passengers and cargo 
        across all international modes of transportation, both 
        inbound and outbound;
          (9) enforce and administer the laws relating to 
        agricultural import and entry inspection referred to in 
        section 421;
          (10) in coordination with the Secretary, deploy 
        technology to collect the data necessary for the 
        Secretary to administer the biometric entry and exit 
        data system pursuant to section 7208 of the 
        Intelligence Reform and Terrorism Prevention Act of 
        2004 (8 U.S.C. 1365b);
          (11) in coordination with the Under Secretary for 
        Management of the Department, ensure United States 
        Customs and Border Protection complies with Federal 
        law, the Federal Acquisition Regulation, and the 
        Department's acquisition management directives for 
        major acquisition programs of United States Customs and 
        Border Protection;
          (12) enforce and administer--
                  (A) the Container Security Initiative program 
                under section 205 of the Security and 
                Accountability for Every Port Act of 2006 (6 
                U.S.C. 945; Public Law 109-347); and
                  (B) the Customs-Trade Partnership Against 
                Terrorism program under sections 211 through 
                223 of such Act (6 U.S.C. 961-973);
          (13) establish the standard operating procedures 
        described in subsection (k);
          (14) carry out the training required under subsection 
        (l); and
          (15) carry out the 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.--
          (1) In general.--The Commissioner shall require all 
        agents and officers of United States Customs and Border 
        Protection to participate in a specified amount of 
        continuing education (to be determined by the 
        Commissioner) to maintain an understanding of Federal 
        legal rulings, court decisions, and departmental 
        policies, procedures, and guidelines.
          (2) Ensuring training.--Not later than 90 days after 
        the date of the enactment of this section, the 
        Commissioner shall develop a database system that 
        identifies for each United States Customs and Border 
        Protection officer or agent, by port of entry or 
        station--
                  (A) for each training course, the average 
                time allocated during on-duty hours within 
                which training must be completed;
                  (B) for each training course offered, the 
                duration of training and the average amount of 
                time an officer must be absent from work to 
                complete such training course; and
                  (C) certification of each training course by 
                a supervising officer that the officer is able 
                to carry out the function for which the 
                training was provided, and if training has been 
                postponed, the basis for postponing such 
                training.
          (3) Use of data.--The Commissioner shall use the 
        information developed under paragraph (2) to--
                  (A) develop training requirements for United 
                States Customs and Border Protection officers 
                to ensure that such officers have sufficient 
                training to conduct primary and secondary 
                inspections at Untied States ports of entry; 
                and
                  (B) measure progress toward achieving the 
                training requirements referred to in 
                subparagraph (A).
  (m) Short Term Detention Standards.--
          (1) Access to food and water.--The Commissioner shall 
        make every effort to ensure that adequate access to 
        food and water is provided to an individual apprehended 
        and detained by a United States Border Patrol agent 
        between a United States port of entry as soon as 
        practicable following the time of such apprehension or 
        during subsequent short term detention.
          (2) Access to information on detainee rights at 
        border patrol processing centers.--
                  (A) In general.--The Commissioner shall 
                ensure that an individual apprehended by a 
                United States Border Patrol agent is provided 
                with information concerning such individual's 
                rights, including the right to contact a 
                representative of such individual's government 
                for purposes of United States treaty 
                obligations.
                  (B) Form.--The information referred to in 
                subparagraph (A) may be provided either 
                verbally or in writing, and shall be posted in 
                the detention holding cell in which such 
                individual is being held. The information shall 
                be provided in a language understandable to 
                such individual.
          (3) Daytime repatriation.--When practicable, 
        repatriations shall be limited to daylight hours and 
        avoid locations that are determined to have high 
        indices of crime and violence.
          (4) Short term detention defined.--In this 
        subsection, the term ``short term detention'' means 
        detention in a United States Border Patrol processing 
        center for 72 hours or less, before repatriation to a 
        country of nationality or last habitual residence.
          (5) Report on procurement process and standards.--Not 
        later than 180 days after the date of the enactment of 
        this section, the Comptroller General of the United 
        States shall submit to the appropriate congressional 
        committees a report on the procurement process and 
        standards of entities with which United States Customs 
        and Border Protection has contracts for the 
        transportation and detention of individuals apprehended 
        by agents or officers of United States Customs and 
        Border Protection. Such report should also consider the 
        operational efficiency of contracting the 
        transportation and detention of such individuals.
          (6) Report on inspections of short-term custody 
        facilities.--The Commissioner shall--
                  (A) annually inspect all facilities utilized 
                for short term detention; and
                  (B) make publically available information 
                collected pursuant to such inspections, 
                including information regarding the 
                requirements under paragraphs (1) and (2) and, 
                where appropriate, issue recommendations to 
                improve the conditions of such facilities.
  (n) Wait Times Transparency.--
          (1) In general.--The Commissioner shall--
                  (A) publish live wait times at the 20 United 
                States airports that support the highest volume 
                of international travel (as determined by 
                available Federal flight data);
                  (B) make information about such wait times 
                available to the public in real time through 
                the United States Customs and Border Protection 
                Web site;
                  (C) submit to the appropriate congressional 
                committees quarterly reports that include 
                compilations of all such wait times and a 
                ranking of such United States airports by wait 
                times; and
                  (D) provide adequate staffing at the United 
                States Customs and Border Protection 
                information center to ensure timely access for 
                travelers attempting to submit comments or 
                speak with a representative about their entry 
                experiences.
          (2) Calculation.--The wait times referred to in 
        paragraph (1)(A) shall be determined by calculating the 
        time elapsed between an individual's entry into the 
        United States Customs and Border Protection inspection 
        area and such individual's clearance by a United States 
        Customs and Border Protection officer
  (o) Other Authorities.--
          (1) In general.--The Secretary may establish such 
        other offices or Assistant Commissioners (or other 
        similar officers or officials) as the Secretary 
        determines necessary to carry out the missions, duties, 
        functions, and authorities of United States Customs and 
        Border Protection.
          (2) Notification.--If the Secretary exercises the 
        authority provided pursuant to paragraph (1), the 
        Secretary shall notify the appropriate congressional 
        committees not later than 30 days before exercising 
        such authority.
  (p) Other Federal Agencies.--Nothing in this section may be 
construed as affecting in any manner the existing authority of 
any other Federal agency, including the Transportation Security 
Administration with respect to the duties of United States 
Customs and Border Protection described in subsection (c).

SEC. 412. RETENTION OF CUSTOMS REVENUE FUNCTIONS BY SECRETARY OF THE 
                    TREASURY.

  (a) * * *
  (b) Maintenance of Customs Revenue Functions.--
          (1) Maintenance of functions.--Notwithstanding any 
        other provision of this Act, the Secretary may not 
        consolidate, discontinue, or diminish those functions 
        described in paragraph (2) performed by the [United 
        States Customs Service] United States Customs and 
        Border Protection (as established under section 411) on 
        or after the effective date of this Act, reduce the 
        staffing level, or reduce the resources attributable to 
        such functions, and the Secretary shall ensure that an 
        appropriate management structure is implemented to 
        carry out such functions.
          (2) Functions.--The functions referred to in 
        paragraph (1) are those functions performed by the 
        following personnel, and associated support staff, of 
        the [United States Customs Service] United States 
        Customs and Border Protection on the day before the 
        effective date of this Act: Import Specialists, Entry 
        Specialists, Drawback Specialists, National Import 
        Specialist, Fines and Penalties Specialists, attorneys 
        of the Office of Regulations and Rulings, Customs 
        Auditors, International Trade Specialists, Financial 
        Systems Specialists.

           *       *       *       *       *       *       *


SEC. 413. PRESERVATION OF CUSTOMS FUNDS.

  Notwithstanding any other provision of this Act, no funds 
[available to the United States Customs Service or] collected 
under paragraphs (1) through (8) of section 13031(a) of the 
Consolidated Omnibus Budget Reconciliation Act of 1985 may be 
transferred for use by any other agency or office in the 
Department.

SEC. 414. SEPARATE BUDGET REQUEST FOR CUSTOMS.

  The President shall include in each budget transmitted to 
Congress under section 1105 of title 31, United States Code, a 
separate budget request for the [United States Customs Service] 
United States Customs and Border Protection.

SEC. 415. DEFINITION.

   In this subtitle, the term ``customs revenue function'' 
means the following:
          (1) * * *

           *       *       *       *       *       *       *

          (7) Functions performed by the following personnel, 
        and associated support staff, of the United States 
        Customs Service on the day before the effective date of 
        this Act, 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: Import Specialists, Entry 
        Specialists, Drawback Specialists, National Import 
        Specialist, Fines and Penalties Specialists, attorneys 
        of the Office of Regulations and Rulings, Customs 
        Auditors, International Trade Specialists, Financial 
        Systems Specialists.
          (8) Functions performed by the following offices, 
        with respect to any function described in any of 
        paragraphs (1) through (7), and associated support 
        staff, of the United States Customs Service on the day 
        before the effective date of this Act, 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: the Office of 
        Information and Technology, the Office of Laboratory 
        Services, the Office of the Chief Counsel, the Office 
        of Congressional Affairs, the Office of International 
        Affairs, and the Office of Training and Development.

[SEC. 416. GAO REPORT TO CONGRESS.

  [Not later than 3 months after the effective date of this 
Act, the Comptroller General of the United States shall submit 
to Congress a report that sets forth all trade functions 
performed by the executive branch, specifying each agency that 
performs each such function.]

           *       *       *       *       *       *       *


[SEC. 418. REPORTS TO CONGRESS.

  [(a) Continuing Reports.--The United States Customs Service 
shall, on and after the effective date of this Act, continue to 
submit to the Committee on Ways and Means of the House of 
Representatives and the Committee on Finance of the Senate any 
report required, on the day before such the effective date of 
this Act, to be so submitted under any provision of law.
  [(b) Report on Conforming Amendments.--Not later than 60 days 
after the date of enactment of this Act, the Secretary of the 
Treasury shall submit a report to the Committee on Finance of 
the Senate and the Committee on Ways and Means of the House of 
Representatives of proposed conforming amendments to the 
statutes set forth under section 412(a)(2) in order to 
determine the appropriate allocation of legal authorities 
described under this subsection. The Secretary of the Treasury 
shall also identify those authorities vested in the Secretary 
of the Treasury that are exercised by the Commissioner of 
Customs on or before the effective date of this section.]

Subtitle C--Miscellaneous Provisions

           *       *       *       *       *       *       *


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

  [(a) In General.--Notwithstanding any other provision of this 
Act, and subject to subsection (b), the Transportation Security 
Administration shall be maintained as a distinct entity within 
the Department under the Under Secretary for Border 
Transportation and Security.
  [(b) Sunset.--Subsection (a) shall cease to apply 2 years 
after the date of enactment of this Act.]

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.

           *       *       *       *       *       *       *


SEC. 430. OFFICE FOR DOMESTIC PREPAREDNESS.

  [(a) In General.--The Office for Domestic Preparedness shall 
be within the Directorate of Border and Transportation 
Security.]
  (a) Establishment.--There is established in the Department an 
Office for Domestic Preparedness.
  (b) Director.--There shall be a Director of the Office for 
Domestic Preparedness, who shall be appointed by the President. 
[The Director of the Office for Domestic Preparedness shall 
report directly to the Under Secretary for Border and 
Transportation Security.]
  (c) Responsibilities.--The Office for Domestic Preparedness 
shall have the primary responsibility within the executive 
branch of Government for the preparedness of the United States 
for acts of terrorism, including--
          (1) * * *

           *       *       *       *       *       *       *

          (7) assisting and supporting the Secretary, in 
        coordination with other Directorates and entities 
        outside the Department, in conducting appropriate risk 
        analysis and risk management activities of State, 
        local, and tribal governments consistent with the 
        mission and functions of the [Directorate] Department;

           *       *       *       *       *       *       *


             Subtitle D--Immigration Enforcement Functions

SEC. 441. [TRANSFER OF FUNCTIONS TO UNDER SECRETARY FOR BORDER AND 
                    TRANSPORTATION SECURITY.]  TRANSFER OF FUNCTIONS.

   In accordance with title XV (relating to transition 
provisions), there shall be transferred from the Commissioner 
of Immigration and Naturalization to the [Under Secretary for 
Border and Transportation Security] Secretary all functions 
performed under the following programs, and all personnel, 
assets, and liabilities pertaining to such programs, 
immediately before such transfer occurs:
          (1) * * *

           *       *       *       *       *       *       *


[SEC. 444. EMPLOYEE DISCIPLINE.

  [The Under Secretary for Border and Transportation Security 
may, notwithstanding any other provision of law, impose 
disciplinary action, including termination of employment, 
pursuant to policies and procedures applicable to employees of 
the Federal Bureau of Investigation, on any employee of the 
Bureau of Border Security who willfully deceives the Congress 
or agency leadership on any matter.]

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.

           *       *       *       *       *       *       *

                              ----------                              


TITLE 5, UNITED STATES CODE

           *       *       *       *       *       *       *


PART III--EMPLOYEES

           *       *       *       *       *       *       *


SUBPART D--PAY AND ALLOWANCES

           *       *       *       *       *       *       *


CHAPTER 53--PAY RATES AND SYSTEMS

           *       *       *       *       *       *       *


SUBCHAPTER II--EXECUTIVE SCHEDULE PAY RATES

           *       *       *       *       *       *       *


Sec. 5314. Positions at level III

  Level III of the Executive Schedule applies to the following 
positions, for which the annual rate of basic pay shall be the 
rate determined with respect to such level under chapter 11 of 
title 2, as adjusted by section 5318 of this title:
          Solicitor General of the United States.

           *       *       *       *       *       *       *

          [Commissioner of Customs, Department of Homeland 
        Security] Commissioner of United States Customs and 
        Border Protection, Department of Homeland Security.

           *       *       *       *       *       *       *


                        Committee Correspondence

                          House of Representatives,
                            Committee on Homeland Security,
                                     Washington, DC, June 30, 2014.
Hon. Dave Camp,
Chairman, Committee on Ways and Means,
Washington, DC.
    Dear Chairman Camp: Thank you for your letter regarding 
H.R. 3846, the ``United States Customs and Border Protection 
Authorization Act of 2014.'' I acknowledge that by forgoing 
action on this legislation, your Committee is not diminishing 
or altering its jurisdiction.
    I also concur with you that forgoing action on this bill 
does not in any way prejudice the Committee on Ways and Means 
with respect to its jurisdictional prerogatives on this bill or 
similar legislation in the future. I would support your effort 
to seek appointment of an appropriate number of conferees to 
any House-Senate conference involving this legislation.
    I will include our letters in the report accompanying H.R. 
3846 and in the Congressional Record during consideration of 
this measure on the floor. I appreciate your cooperation 
regarding this legislation, and I look forward to working with 
the Committee on Ways and Means as the bill moves through the 
legislative process.
            Sincerely,
                                         Michael T. McCaul,
                                                          Chairman.
                                ------                                

        Congress of the United States, House of 
            Representatives, Committee on Ways and Means,
                                     Washington, DC, June 26, 2014.
Hon. Michael McCaul,
Chairman, Committee on Homeland Security,
Washington, DC.
    Dear Chairman McCaul: I am writing concerning H.R. 3846, 
the ``United States Customs and Border Protection Authorization 
Act of 2014,'' which was favorably reported out of your 
Committee on June 11, 2014.
    Given that numerous provisions in the bill are within the 
jurisdiction of the Committee on Ways and Means, I appreciate 
that you have addressed these provisions in response to the 
Committee's concerns. As a result, in order to expedite floor 
consideration of the bill, the Committee on Ways and Means will 
forego action on H.R. 3846. This is also being done with the 
understanding that it does not in any way prejudice the 
Committee with respect to the appointment of conferees or its 
jurisdictional prerogatives on this or similar legislation.
    I would appreciate your response to this letter, confirming 
this understanding with respect to H.R. 3846, and would ask 
that a copy of our exchange of letters on this matter be 
included in the Congressional Record during Floor 
consideration.
            Sincerely,
                                                 Dave Camp,
                                                          Chairman.
                                ------                                

        Congress of the United States, House of 
            Representatives, Committee on the Judiciary,
                                     Washington, DC, July 24, 2014.
Hon. Michael McCaul,
Chairman, Committee on Homeland Security,
Washington, DC.
    Dear Chairman McCaul, I am writing concerning H.R. 3846, 
the ``United States Customs and Border Protection Authorization 
Act,'' which your Committee ordered reported on June 11, 2014.
    As a result of your having consulted with the Committee on 
the provisions in our jurisdiction and in order to expedite the 
House's consideration of H.R. 3846, the Committee on the 
Judiciary will not assert a jurisdictional claim over this bill 
by seeking a sequential referral. However, this is conditional 
on our mutual understanding and agreement that doing so will in 
no way diminish or alter the jurisdiction of the Committee on 
the Judiciary with respect to the appointment of conferees or 
to any future jurisdictional claim over the subject matters 
contained in the bill or similar legislation.
    I would appreciate your response to this letter confirming 
this understanding, and would request that you include a copy 
of this letter and your response in the Committee Report and in 
the Congressional Record during the floor consideration of this 
bill.
            Sincerely,
                                             Bob Goodlatte,
                                                          Chairman.
                                ------                                

                          House of Representatives,
                            Committee on Homeland Security,
                                     Washington, DC, July 24, 2014.
Hon. Bob Goodlatte,
Chairman, Committee on the Judiciary,
Washington, DC.
    Dear Chairman Goodlatte: Thank you for your letter 
regarding the Committee on the Judiciary's jurisdictional 
interest in H.R. 3846, the ``United States Customs and Border 
Protection Authorization Act.'' I acknowledge that by foregoing 
sequential referral on this legislation, your Committee is not 
diminishing or altering its jurisdiction.
    I also concur with you that forgoing action on this bill 
does not in any way prejudice the Committee on the Judiciary 
with respect to its jurisdictional prerogatives on this bill or 
similar legislation in the future, and I would support your 
effort to seek an appointment of an appropriate number of 
conferees to any House-Senate conference involving this or 
similar legislation.
    Finally, I will include your letter and this response in 
the Congressional Record during consideration of this bill on 
the House floor. I appreciate your cooperation regarding this 
legislation, and I look forward to working with the Committee 
on the Judiciary as H.R. 3846 moves through the legislative 
process.
            Sincerely,
                                         Michael T. McCaul,
                                                          Chairman.