H. Rept. 115-274 - ASIA-PACIFIC ECONOMIC COOPERATION BUSINESS TRAVEL CARDS ACT OF 2017115th Congress (2017-2018)
Committee Report
Show OverviewReport text available as:
- TXT
- PDF (PDF provides a complete and accurate display of this text.) Tip ?
115th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 115-274
======================================================================
ASIA-PACIFIC ECONOMIC COOPERATION BUSINESS TRAVEL CARDS ACT OF 2017
_______
August 8, 2017.--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. 2805]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security, to whom was referred
the bill (H.R. 2805) to permanently authorize the Asia-Pacific
Economic Cooperation Business Travel Card Program, having
considered the same, report favorably thereon with an amendment
and recommend that the bill as amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 3
Background and Need for Legislation.............................. 3
Hearings......................................................... 4
Committee Consideration.......................................... 4
Committee Votes.................................................. 4
Committee Oversight Findings..................................... 4
New Budget Authority, Entitlement Authority, and Tax Expenditures 4
Congressional Budget Office Estimate............................. 5
Statement of General Performance Goals and Objectives............ 6
Duplicative Federal Programs..................................... 6
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 6
Federal Mandates Statement....................................... 6
Preemption Clarification......................................... 6
Disclosure of Directed Rule Makings.............................. 6
Advisory Committee Statement..................................... 6
Applicability to Legislative Branch.............................. 7
Section-by-Section Analysis of the Legislation................... 7
Changes in Existing Law Made by the Bill, as Reported............ 8
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 ``Asia-Pacific Economic Cooperation
Business Travel Cards Act of 2017''.
SEC. 2. ASIA-PACIFIC ECONOMIC COOPERATION BUSINESS TRAVEL CARDS.
(a) In General.--Subtitle B of title IV of the Homeland Security Act
of 2002 (6 U.S.C. 211 et seq.) is amended by inserting after section
417 the following new section:
``SEC. 418. ASIA-PACIFIC ECONOMIC COOPERATION BUSINESS TRAVEL CARDS.
``(a) In General.--The Commissioner of U.S. Customs and Border
Protection is authorized to issue Asia-Pacific Economic Cooperation
Business Travel Cards (referred to in this section as an `ABT Card') to
an individual described in subsection (b).
``(b) Card Issuance.--An individual described in this subsection is
an individual--
``(1) who--
``(A) is a citizen of the United States; and
``(B) has been approved and is in good standing in an
existing international trusted traveler program of the
Department; and
``(2) who--
``(A) is engaged in business in the Asia-Pacific
region, as determined by the Commissioner of U.S.
Customs and Border Protection; or
``(B) is a United States Government official actively
engaged in Asia-Pacific Economic Cooperation business,
as determined by the Commissioner of U.S. Customs and
Border Protection.
``(c) Integration With Existing Travel Programs.--The Commissioner of
U.S. Customs and Border Protection shall integrate application
procedures for, and issuance, renewal, and revocation of, ABT Cards
with existing international trusted traveler programs of the
Department.
``(d) Cooperation With Private Entities and Nongovernmental
Organizations.--In carrying out this section, the Commissioner of U.S.
Customs and Border Protection may consult with appropriate private
sector entities and nongovernmental organizations, including academic
institutions.
``(e) Fee.--
``(1) In general.--The Commissioner of U.S. Customs and
Border Protection shall--
``(A) prescribe and collect a fee for the issuance
and renewal of ABT Cards; and
``(B) adjust such fee to the extent the Commissioner
determines necessary to comply with paragraph (2).
``(2) Limitation.--The Commissioner of U.S. Customs and
Border Protection shall ensure that the total amount of the
fees collected under paragraph (1) during any fiscal year is
sufficient to offset the direct and indirect costs associated
with carrying out this section during such fiscal year,
including the costs associated with operating and maintaining
the ABT Card issuance and renewal processes.
``(3) Account for collections.--There is established in the
Treasury of the United States an `Asia-Pacific Economic
Cooperation Business Travel Card Account' into which the fees
collected under paragraph (1) shall be deposited as offsetting
receipts.
``(4) Use of funds.--Amounts deposited into the Asia Pacific
Economic Cooperation Business Travel Card Account described in
paragraph (3) shall--
``(A) be credited to the appropriate account of the
U.S. Customs and Border Protection for expenses
incurred in carrying out this section; and
``(B) remain available until expended.
``(f) Notification.--The Commissioner of U.S. Customs and Border
Protection shall notify the Committee on Homeland Security of the House
of Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate within 60 days of any expenses
incurred to operate and provide ABT Card services beyond the amounts
collected pursuant subsection (e).
``(g) Trusted Traveler Program Defined.--In this section, the term
`trusted traveler program' means a voluntary program of the Department
that allows U.S. Customs and Border Protection to expedite clearance of
pre-approved, low-risk travelers arriving in the United States.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of the
Homeland Security Act of 2002 is amended by inserting after the item
relating to section 417 the following new item:
``Sec. 418. Asia-Pacific Economic Cooperation Business Travel Cards.''.
SEC. 3. ACCOUNT.
(a) In General.--Notwithstanding the repeal of the Asia-Pacific
Economic Cooperation Business Travel Cards Act of 2011 (Public Law 112-
54; 8 U.S.C. 1185 note) pursuant to section 4(b) of this Act, amounts
deposited into the APEC Business Travel Card Account established
pursuant to such Act as of the date of the enactment of this Act are
hereby transferred to the Asia-Pacific Economic Cooperation Business
Travel Card Account established pursuant to subsection (e) of section
418 of the Homeland Security Act of 2002 (as added by section 2 of this
Act), and shall be available without regard to whether such amounts are
expended in connection with expenses incurred with respect to an ABT
Card issued at any time before or after such date of enactment.
(b) Availability.--Amounts deposited in the Asia-Pacific Economic
Cooperation Business Travel Card Account established pursuant to
subsection (e) of section 418 of the Homeland Security Act of 2002
shall, in addition to the purposes for which such amounts are available
pursuant to such subsection, also be available for expenditure in
connection with expenses incurred with respect to ABT Cards issued at
any time before the date of the enactment of such section.
(c) Termination.--After the transfer described in subsection (a) has
been carried out, the Asia-Pacific Economic Cooperation Business Travel
Card Account established pursuant to the Asia-Pacific Economic
Cooperation Business Travel Cards Act of 2011 is closed.
SEC. 4. CONFORMING AMENDMENTS AND REPEAL.
(a) Conforming Amendments.--Subsection (c) of section 411 of the
Homeland Security Act of 2002 (6 U.S.C. 211) is amended--
(1) in paragraph (17), by striking ``and'' after the
semicolon at the end;
(2) by redesignating paragraph (18) as paragraph (19); and
(3) by inserting after paragraph (17) the following new
paragraph:
``(18) carry out section 418, relating to the issuance of
Asia-Pacific Economic Cooperation Business Travel Cards; and''.
(b) Repeal.--
(1) In general.--The Asia-Pacific Economic Cooperation
Business Travel Cards Act of 2011 (Public Law 112-54; 8 U.S.C.
1185 note) is repealed.
(2) Saving clause.--Notwithstanding the repeal under
paragraph (1), an ABT Card issued pursuant to the Asia-Pacific
Economic Cooperation Business Travel Cards Act of 2011 before
the date of the enactment of this Act that, as of such date, is
still valid, shall continue to remain valid on and after such
date until such time as such Card would otherwise expire.
Purpose and Summary
H.R. 2805, the ``Asia-Pacific Economic Cooperation Business
Travel Cards Act of 2017'' permanently authorizes the U.S.
Asia-Pacific Economic Cooperation (APEC) Business Travel Card
Program which is a voluntary program to facilitate travel for
U.S. citizens engaged in business in the APEC region and U.S.
Government officials engaged in APEC business.
The APEC Business Travel Card Program is set to expire in
September 2018, and this legislation would permanently
authorize the framework for a trusted traveler program that
allows APEC business travelers' pre-cleared, facilitated short-
term entry to participating member economies. H.R. 2805
integrated this program with existing trusted traveler
programs, and codifies the program under the authority of the
Commissioner of U.S. Customs and Border Protection (CBP).
Background and Need for Legislation
The Asia-Pacific Economic Cooperation Business Travel (ABT)
Cards Act (Pub.L. 112-54) was passed in November 2011 to
authorize a pilot program intended to expedite travel in the
Asia-Pacific region for qualified American travelers.
The United States is one of 21 APEC member economies, which
include: Australia, Brunei Darussalam, Canada, Chile, China,
Hong Kong China, Indonesia, Japan, Korea, Malaysia, Mexico, New
Zealand, Papua New Guinea, Peru, Philippines, Russia,
Singapore, Chinese Taipei, Thailand and Vietnam.
Under the bill, U.S. Customs and Border Protection (CBP) is
authorized to issue the ABT Card to U.S. citizens who are also
members in good standing of existing trusted traveler programs,
such as Global Entry, SENTRI, and NEXUS. Card holders will
receive expedited scheduling of visa interviews and access to
fast-track immigration lanes at airports in APEC's 21
economies.
The ABT Card allows business travelers pre-cleared,
facilitated short-term entry to participating member economies.
The ABT Card removes the need to individually apply for visas
or entry permits, saving valuable time, and allows multiple
entries into participating economies during the 5-years the
card is valid. Card holders also benefit from faster
immigration processing on arrival via access to fast-track
entry and exit through special APEC lanes at major airports in
participating economies.
The ABT Card also helps to enhance border integrity and
security in participating economies by providing benefits to
border agencies as it increases the number of low-risk
travelers since each applicant is an existing member in good
standing in any trusted traveler programs administered by CBP
(SENTRI, NEXUS, or Global Entry). Additionally, ABT Card
holders are screened against 'watch lists' of other
participating economies.
Hearings
No hearings were held on H.R. 2805 in the 115th Congress.
Committee Consideration
The Committee met on July 26, 2017, to consider H.R. 2805,
and ordered the measure to be reported to the House with a
favorable recommendation, as amended, by voice vote.
The following amendment was offered:
An Amendment in the Nature of a Substitute offered by Miss
Rice of New York (#1); was AGREED TO by voice vote.
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 Committee
consideration of H.R. 2805.
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.
2805, the Asia-Pacific Economic Cooperation Business Travel
Cards Act of 2017, 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, August 4, 2017.
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. 2805, the Asia-
Pacific Economic Cooperation Business Travel Cards Act of 2017.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mark
Grabowicz.
Sincerely,
Keith Hall.
Enclosure.
H.R. 2805--Asia-Pacific Economic Cooperation Business Travel Cards Act
of 2017
The Asia-Pacific Economic Cooperation Business Travel Cards
Act of 2011 (Public Law 112-54) authorized the Department of
Homeland Security (DHS) to issue special cards to eligible U.S.
citizens to facilitate international travel to participating
countries (mostly in Asia). Under the act, DHS may not issue
the cards after September 30, 2018. H.R. 2805 would make
several technical changes to the program and would extend it
permanently.
DHS collects a fee of $70 from applicants for the special
card. Those fees are classified in the budget as offsetting
receipts (a reduction in direct spending) and are available to
DHS to spend without further appropriation. In fiscal year 2016
DHS collected a total of about $1 million in fees. CBO
estimates that enacting H.R. 2805 would have no significant net
effect on DHS spending because we expect the department would
collect and spend roughly the same amounts in future years.
Because enacting the bill would affect direct spending,
pay-as-you-go procedures apply; however, we estimate that the
net effect would be negligible in every year. Enacting the bill
would not affect revenues.
CBO estimates that enacting H.R. 2805 would not increase
net direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2028.
H.R. 2805 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.
On June 14, 2017, CBO transmitted a cost estimate for S.
504, the APEC Business Travel Cards Reauthorization Act of
2017, as ordered reported by the Senate Committee on Homeland
Security and Governmental Affairs on May 17, 2017. The two
bills are similar and CBO's estimates of the budgetary effects
are identical.
The CBO staff contact for this estimate is Mark Grabowicz.
The estimate was approved by H. Samuel Papenfuss, 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. 2805 contains the following
general performance goals and objectives, including outcome
related goals and objectives authorized.
The general performance goal or objective of this bill is
to facilitate ease of travel for U.S. citizens engaged in
business in the APEC region and U.S. Government officials
engaged in APEC business.
Duplicative Federal Programs
Pursuant to clause 3(c) of Rule XIII, the Committee finds
that H.R. 21626 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. 2805 does
not preempt any State, local, or Tribal law.
Disclosure of Directed Rule Makings
The Committee estimates that H.R. 2805 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
``Asia-Pacific Economic Cooperation Business Travel Cards Act
of 2017''.
Sec. 2. Asia-Pacific Economic Cooperation Business Travel Cards.
This section permanently authorizes the Asia-Pacific
Economic Cooperation Business Travel Car (APEC or ABT) Card
program as an additional trusted traveler program to be
operated and maintained by U.S. Customs and Border Protection
(CBP). This section also outlines eligibility requirements for
card issuance, integration with existing travel programs, and
the fee structure of the ABT Card.
The Committee believes that the ABT Card is a highly
effective program that allows prescreened frequent travelers
access to streamlined entry to participating economies. The
Committee believes that it is in the best interest of our
partnership with the Asia-Pacific Economic Cooperation, or APEC
region, to permanently establish the ABT Card program. The
Committee believes that the ABT Card also helps to enhance
border integrity and security in participating economies by
providing benefits to border agencies as it increases the
number of low risk travelers who have been prescreened and
vetted against `watch list' data bases.
Sec. 3. Account.
This section outlines the account structure of this fee-
based program, and the framework needed to cover the costs of
such program. Since this program is completely fee funded, the
Committee believes that the ABT Card should not incur any
additional costs to Customs and Border Protection and continue
to be funded entirely through the fees associated with
obtaining an ABT Card. This section also requires that any
additional account balance from the current account be
transferred to the account established by this bill.
Sec. 4. Conforming Amendments and Repeal.
This section provides technical corrections and repeals the
Asia-Pacific Economic Cooperation Business Travel Cards Act of
2011. However, this section also provides a savings clause that
allows for all ABT Cards issued prior to the date of enactment
of this Act will be valid, and remain valid until such card
expires.
The Committee included the savings clause to ensure that
there will be no disruption for current cardholders upon
enactment. With the addition of the savings clause, ABT Card
participants will be able to continue using their valid cards
for the remaining time until expired.
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 italics, and 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) Short Title.--This Act may be cited as the ``Homeland
Security Act of 2002''.
(b) Table of Contents.--The table of contents for this Act is
as follows:
* * * * * * *
TITLE IV--BORDER, MARITIME, AND TRANSPORTATION SECURITY
* * * * * * *
Subtitle B--U.S. Customs and Border Protection
* * * * * * *
Sec. 418. Asia-Pacific Economic Cooperation Business Travel Cards.
* * * * * * *
TITLE IV--BORDER, MARITIME, AND TRANSPORTATION SECURITY
* * * * * * *
Subtitle B--U.S. Customs and Border Protection
SEC. 411. ESTABLISHMENT OF U.S. 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 U.S. Customs and Border Protection.
(b) Commissioner of U.S. Customs and Border Protection.--
(1) In general.--There shall be at the head of U.S.
Customs and Border Protection a Commissioner of U.S.
Customs and Border Protection (in this section referred
to as the ``Commissioner'').
(2) Committee referral.--As an exercise of the
rulemaking power of the Senate, any nomination for the
Commissioner submitted to the Senate for confirmation,
and referred to a committee, shall be referred to the
Committee on Finance.
(c) Duties.--The Commissioner shall--
(1) coordinate and integrate the security, trade
facilitation, and trade enforcement functions of U.S.
Customs and Border Protection;
(2) ensure the interdiction of persons and goods
illegally entering or exiting the United States;
(3) facilitate and expedite the flow of legitimate
travelers and trade;
(4) direct and administer the commercial operations
of U.S. Customs and Border Protection, and the
enforcement of the customs and trade laws of the United
States;
(5) detect, respond to, and interdict terrorists,
drug smugglers and traffickers, human smugglers and
traffickers, and other persons who may undermine the
security of the United States, in cases in which such
persons are entering, or have recently entered, the
United States;
(6) safeguard the borders of the United States to
protect against the entry of dangerous goods;
(7) ensure the overall economic security of the
United States is not diminished by efforts, activities,
and programs aimed at securing the homeland;
(8) in coordination with U.S. Immigration and Customs
Enforcement and United States Citizenship and
Immigration Services, 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)), including--
(A) the inspection, processing, and admission
of persons who seek to enter or depart the
United States; and
(B) the detection, interdiction, removal,
departure from the United States, short-term
detention, and transfer of persons unlawfully
entering, or who have recently unlawfully
entered, the United States;
(9) 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;
(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) enforce and administer the laws relating to
agricultural import and entry inspection referred to in
section 421;
(12) in coordination with the Under Secretary for
Management of the Department, ensure U.S. Customs and
Border Protection complies with Federal law, the
Federal Acquisition Regulation, and the Department's
acquisition management directives for major acquisition
programs of U.S. Customs and Border Protection;
(13) ensure that the policies and regulations of U.S.
Customs and Border Protection are consistent with the
obligations of the United States pursuant to
international agreements;
(14) 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); and
(B) the Customs-Trade Partnership Against
Terrorism program under subtitle B of title II
of such Act (6 U.S.C. 961 et seq.);
(15) conduct polygraph examinations in accordance
with section 3(1) of the Anti-Border Corruption Act of
2010 (Public Law 111-376; 124 Stat. 4105);
(16) establish the standard operating procedures
described in subsection (k);
(17) carry out the training required under subsection
(l); [and]
(18) carry out section 418, relating to the issuance
of Asia-Pacific Economic Cooperation Business Travel
Cards; and
[(18)] (19) carry out other duties and powers
prescribed by law or delegated by the Secretary.
(d) Deputy Commissioner.--There shall be in U.S. Customs and
Border Protection a Deputy Commissioner who shall assist the
Commissioner in the management of U.S. Customs and Border
Protection.
(e) U.S. Border Patrol.--
(1) In general.--There is established in U.S. Customs
and Border Protection the U.S. Border Patrol.
(2) Chief.--There shall be at the head of the U.S.
Border Patrol a Chief, who shall--
(A) be at the level of Executive Assistant
Commissioner within U.S. Customs and Border
Protection; and
(B) report to the Commissioner.
(3) Duties.--The U.S. Border Patrol shall--
(A) serve as the law enforcement office of
U.S. Customs and Border Protection with primary
responsibility for interdicting persons
attempting to illegally enter or exit the
United States or goods being illegally imported
into or exported from the United States at a
place other than a designated port of entry;
(B) deter and prevent the illegal entry of
terrorists, terrorist weapons, persons, and
contraband; and
(C) carry out other duties and powers
prescribed by the Commissioner.
(f) Air and Marine Operations.--
(1) In general.--There is established in U.S. Customs
and Border Protection an office known as Air and Marine
Operations.
(2) Executive assistant commissioner.--There shall be
at the head of Air and Marine Operations an Executive
Assistant Commissioner, who shall report to the
Commissioner.
(3) Duties.--Air and Marine Operations shall--
(A) serve as the law enforcement office
within U.S. 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) conduct joint aviation and marine
operations with U.S. Immigration and Customs
Enforcement;
(C) conduct aviation and marine operations
with international, Federal, State, and local
law enforcement agencies, as appropriate;
(D) administer the Air and Marine Operations
Center established under paragraph (4); and
(E) carry out other duties and powers
prescribed by the Commissioner.
(4) Air and marine operations center.--
(A) In general.--There is established in Air
and Marine Operations an Air and Marine
Operations Center.
(B) Executive director.--There shall be at
the head of the Air and Marine Operations
Center an Executive Director, who shall report
to the Executive Assistant Commissioner of Air
and Marine Operations.
(C) Duties.--The Air and Marine Operations
Center shall--
(i) manage the air and maritime
domain awareness of the Department, as
directed by the Secretary;
(ii) monitor and coordinate the
airspace for unmanned aerial systems
operations of Air and Marine Operations
in U.S. Customs and Border Protection;
(iii) detect, identify, and
coordinate a response to threats to
national security in the air domain, in
coordination with other appropriate
agencies, as determined by the
Executive Assistant Commissioner;
(iv) provide aviation and marine
support to other Federal, State,
tribal, and local agencies; and
(v) carry out other duties and powers
prescribed by the Executive Assistant
Commissioner.
(g) Office of Field Operations.--
(1) In general.--There is established in U.S. Customs
and Border Protection an Office of Field Operations.
(2) Executive assistant commissioner.--There shall be
at the head of the Office of Field Operations an
Executive Assistant Commissioner, who shall report to
the Commissioner.
(3) Duties.--The Office of Field Operations shall
coordinate the enforcement activities of U.S. 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);
(F) coordinate with the Executive Assistant
Commissioner for the Office of Trade with
respect to the trade facilitation and trade
enforcement activities of U.S. Customs and
Border Protection; and
(G) 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
Executive 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 U.S.
Customs and Border Protection to
collect and analyze traveler and cargo
information in advance of arrival in
the United States to identify and
address security risks and strengthen
trade enforcement;
(ii) identify, review, and target
travelers and cargo for examination;
(iii) coordinate the examination of
entry and exit of travelers and cargo;
(iv) develop and conduct commercial
risk assessment targeting with respect
to cargo destined for the United
States;
(v) coordinate with the
Transportation Security Administration,
as appropriate;
(vi) issue Trade Alerts pursuant to
section 111(b) of the Trade
Facilitation and Trade Enforcement Act
of 2015; and
(vii) carry out other duties and
powers prescribed by the Executive
Assistant Commissioner.
(5) Annual report on staffing.--
(A) In general.--Not later than 30 days after
the date of the enactment of the Trade
Facilitation and Trade Enforcement Act of 2015,
and annually thereafter, the Executive
Assistant Commissioner 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
the staffing model for the Office of Field
Operations, including information on how many
supervisors, front-line U.S. Customs and Border
Protection officers, and support personnel are
assigned to each Field Office and port of
entry.
(B) Form.--The report required under
subparagraph (A) shall, to the greatest extent
practicable, be submitted in unclassified form,
but may be submitted in classified form, if the
Executive Assistant Commissioner determines
that such is appropriate and informs 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 of the
reasoning for such.
(h) Office of Intelligence.--
(1) In general.--There is established in U.S. Customs
and Border Protection an Office of Intelligence.
(2) Assistant commissioner.--There shall be at the
head of the Office of Intelligence an Assistant
Commissioner, who shall report to the Commissioner.
(3) Duties.--The Office of Intelligence shall--
(A) develop, provide, coordinate, and
implement intelligence capabilities into a
cohesive intelligence enterprise to support the
execution of the duties and responsibilities of
U.S. Customs and Border Protection;
(B) manage the counterintelligence operations
of U.S. Customs and Border Protection;
(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;
(D) conduct risk-based covert testing of U.S.
Customs and Border Protection operations,
including for nuclear and radiological risks;
and
(E) carry out other duties and powers
prescribed by the Commissioner.
(i) Office of International Affairs.--
(1) In general.--There is established in U.S. 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 Policy of the
Department, shall--
(A) coordinate and support U.S. Customs and
Border Protection's foreign initiatives,
policies, programs, and activities;
(B) coordinate and support U.S. 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 U.S. Customs and Border Protection's
duties and responsibilities;
(D) provide necessary capacity building,
training, and assistance to foreign customs and
border control agencies to strengthen border,
global supply chain, and travel security, as
appropriate;
(E) coordinate mission support services to
sustain U.S. Customs and Border Protection's
global activities;
(F) coordinate with customs authorities of
foreign countries with respect to trade
facilitation and trade enforcement;
(G) coordinate U.S. Customs and Border
Protection's engagement in international
negotiations;
(H) advise the Commissioner with respect to
matters arising in the World Customs
Organization and other international
organizations as such matters relate to the
policies and procedures of U.S. Customs and
Border Protection;
(I) advise the Commissioner regarding
international agreements to which the United
States is a party as such agreements relate to
the policies and regulations of U.S. Customs
and Border Protection; and
(J) carry out other duties and powers
prescribed by the Commissioner.
(j) Office of Professional Responsibility.--
(1) In general.--There is established in U.S. Customs
and Border Protection an Office of Professional
Responsibility.
(2) Assistant commissioner.--There shall be at the
head of the Office of Professional Responsibility an
Assistant Commissioner, who shall report to the
Commissioner.
(3) Duties.--The Office of Professional
Responsibility shall--
(A) investigate criminal and administrative
matters and misconduct by officers, agents, and
other employees of U.S. Customs and Border
Protection;
(B) manage integrity-related programs and
policies of U.S. Customs and Border Protection;
(C) conduct research and analysis regarding
misconduct of officers, agents, and other
employees of U.S. Customs and Border
Protection; and
(D) 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
U.S. Customs and Border Protection personnel at
United States ports of entry;
(B) standard use of force procedures that
officers and agents of U.S. Customs and Border
Protection may employ in the execution of their
duties, including the use of deadly force;
(C) uniform, standardized, and publicly-
available procedures for processing and
investigating complaints against officers,
agents, and employees of U.S. 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 U.S. 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 Executive Assistant Commissioner
for Air and Marine Operations and in
coordination with the Office for 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; and
(iv) a process regarding the
protection and privacy of data and
images collected by U.S. 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 U.S.
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
U.S. 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.--The Commissioner may withhold the
notifications required under paragraphs (1)(C) and (2)
if the Commissioner determines, in the sole and
unreviewable discretion of the Commissioner, that such
notifications would impair national security, law
enforcement, or other operational interests.
(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, during each of the three calendar years
beginning in the calendar year that begins after the
date of the enactment of the Trade Facilitation and
Trade Enforcement Act of 2015, 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 Committee on
Homeland Security of the House of Representatives and
the Committee on Homeland Security and Governmental
Affairs of the Senate and shall include the following:
(A) A description of the activities of
officers and agents of U.S. 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 devices was
subjected to such searches and was transmitted
to another Federal agency, including whether
such transmissions resulted in a prosecution or
conviction.
(6) Requirements regarding other notifications.--The
standard use of force 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 U.S. Customs and Border
Protection personnel, the Commissioner to
notify the Committee on Homeland Security of
the House of Representatives and the Committee
on Homeland Security and Governmental Affairs
of the Senate; 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 Committee on Homeland
Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs
of the Senate an annual report, for each of the three
calendar years beginning in the calendar year that
begins after the date of the enactment of the Trade
Facilitation and Trade Enforcement Act of 2015, that
reviews whether the use of unmanned aerial systems is
being conducted in conformity with the standard
operating procedures required under subparagraph (E) of
paragraph (1). Such reports--
(A) shall be submitted with the annual budget
of the United States Government submitted by
the President under section 1105 of title 31,
United States Code;
(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 U.S. Customs and
Border Protection are collected and
stored; and
(ii) a list of Federal, State, and
local law enforcement agencies that
submitted mission requests in the
previous year and the disposition of
such requests.
(l) Training.--The Commissioner shall require all officers
and agents of U.S. Customs and Border Protection to participate
in a specified amount of continuing education (to be determined
by the Commissioner) to maintain an understanding of Federal
legal rulings, court decisions, and departmental policies,
procedures, and guidelines.
(m) Short-term Detention Standards.--
(1) Access to food and water.--The Commissioner shall
make every effort to ensure that adequate access to
food and water is provided to an individual apprehended
and detained at a United States port of entry or
between ports 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 U.S.
Border Patrol agent or an Office of Field
Operations officer is provided with information
concerning such individual's rights, including
the right to contact a representative of such
individual's government for purposes of United
States treaty obligations.
(B) Form.--The information referred to in
subparagraph (A) may be provided either
verbally or in writing, and shall be posted in
the detention holding cell in which such
individual is being held. The information shall
be provided in a language understandable to
such individual.
(3) Short-term detention defined.--In this
subsection, the term ``short-term detention'' means
detention in a U.S. Customs and Border Protection
processing center for 72 hours or less, before
repatriation to a country of nationality or last
habitual residence.
(4) 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.
(5) Report on procurement process and standards.--Not
later than 180 days after the date of the enactment of
the Trade Facilitation and Trade Enforcement Act of
2015, the Comptroller General of the United States
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 procurement process and
standards of entities with which U.S. Customs and
Border Protection has contracts for the transportation
and detention of individuals apprehended by agents or
officers of U.S. 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 publicly 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 for travelers
entering the United States 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 U.S. Customs and Border Protection website;
(C) 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, for
each of the five calendar years beginning in
the calendar year that begins after the date of
the enactment of the Trade Facilitation and
Trade Enforcement Act of 2015, a report that
includes compilations of all such wait times
and a ranking of such United States airports by
wait times; and
(D) provide adequate staffing at the U.S.
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
U.S. Customs and Border Protection inspection area and
such individual's clearance by a U.S. Customs and
Border Protection officer.
(o) Other Authorities.--
(1) In general.--The Secretary may establish such
other offices or positions of Assistant Commissioners
(or other similar officers or officials) as the
Secretary determines necessary to carry out the
missions, duties, functions, and authorities of U.S.
Customs and Border Protection.
(2) Notification.--If the Secretary exercises the
authority provided under paragraph (1), the Secretary
shall notify 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 not later than 30 days before exercising
such authority.
(p) Reports to Congress.--The Commissioner shall, on and
after the date of the enactment of the Trade Facilitation and
Trade Enforcement Act of 2015, continue to 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 any report required, on the day before
such date of enactment, to be submitted under any provision of
law.
(q) Other Federal Agencies.--Nothing in this section may be
construed as affecting in any manner the authority, existing on
the day before the date of the enactment of the Trade
Facilitation and Trade Enforcement Act of 2015, of any other
Federal agency or component of the Department.
(r) Definitions.--In this section, the terms ``commercial
operations'', ``customs and trade laws of the United States'',
``trade enforcement'', and ``trade facilitation'' have the
meanings given such terms in section 2 of the Trade
Facilitation and Trade Enforcement Act of 2015.
* * * * * * *
SEC. 418. ASIA-PACIFIC ECONOMIC COOPERATION BUSINESS TRAVEL CARDS.
(a) In General.--The Commissioner of U.S. Customs and Border
Protection is authorized to issue Asia-Pacific Economic
Cooperation Business Travel Cards (referred to in this section
as an ``ABT Card'') to an individual described in subsection
(b).
(b) Card Issuance.--An individual described in this
subsection is an individual--
(1) who--
(A) is a citizen of the United States; and
(B) has been approved and is in good standing
in an existing international trusted traveler
program of the Department; and
(2) who--
(A) is engaged in business in the Asia-
Pacific region, as determined by the
Commissioner of U.S. Customs and Border
Protection; or
(B) is a United States Government official
actively engaged in Asia-Pacific Economic
Cooperation business, as determined by the
Commissioner of U.S. Customs and Border
Protection.
(c) Integration With Existing Travel Programs.--The
Commissioner of U.S. Customs and Border Protection shall
integrate application procedures for, and issuance, renewal,
and revocation of, ABT Cards with existing international
trusted traveler programs of the Department.
(d) Cooperation With Private Entities and Nongovernmental
Organizations.--In carrying out this section, the Commissioner
of U.S. Customs and Border Protection may consult with
appropriate private sector entities and nongovernmental
organizations, including academic institutions.
(e) Fee.--
(1) In general.--The Commissioner of U.S. Customs and
Border Protection shall--
(A) prescribe and collect a fee for the
issuance and renewal of ABT Cards; and
(B) adjust such fee to the extent the
Commissioner determines necessary to comply
with paragraph (2).
(2) Limitation.--The Commissioner of U.S. Customs and
Border Protection shall ensure that the total amount of
the fees collected under paragraph (1) during any
fiscal year is sufficient to offset the direct and
indirect costs associated with carrying out this
section during such fiscal year, including the costs
associated with operating and maintaining the ABT Card
issuance and renewal processes.
(3) Account for collections.--There is established in
the Treasury of the United States an ``Asia-Pacific
Economic Cooperation Business Travel Card Account''
into which the fees collected under paragraph (1) shall
be deposited as offsetting receipts.
(4) Use of funds.--Amounts deposited into the Asia
Pacific Economic Cooperation Business Travel Card
Account described in paragraph (3) shall--
(A) be credited to the appropriate account of
the U.S. Customs and Border Protection for
expenses incurred in carrying out this section;
and
(B) remain available until expended.
(f) Notification.--The Commissioner of U.S. Customs and
Border Protection shall notify the Committee on Homeland
Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate within
60 days of any expenses incurred to operate and provide ABT
Card services beyond the amounts collected pursuant subsection
(e).
(g) Trusted Traveler Program Defined.--In this section, the
term ``trusted traveler program'' means a voluntary program of
the Department that allows U.S. Customs and Border Protection
to expedite clearance of pre-approved, low-risk travelers
arriving in the United States.
* * * * * * *
----------
ASIA-PACIFIC ECONOMIC COOPERATION BUSINESS TRAVEL CARDS ACT OF 2011
[SECTION 1. SHORT TITLE.
[This Act may be cited as the ``Asia-Pacific Economic
Cooperation Business Travel Cards Act of 2011''.]
[SEC. 2. ASIA-PACIFIC ECONOMIC COOPERATION BUSINESS TRAVEL CARDS.
[(a) In General.--During the 7-year period ending on
September 30, 2018, the Secretary of Homeland Security, in
coordination with the Secretary of State, is authorized to
issue Asia-Pacific Economic Cooperation Business Travel Cards
(referred to in this section as ``ABT Cards'') to any eligible
person, including business leaders and United States Government
officials who are actively engaged in Asia-Pacific Economic
Cooperation business. An individual may not receive an ABT Card
under this section unless the individual has been approved and
is in good standing in an international trusted traveler
program of the Department of Homeland Security.
[(b) Integration With Existing Travel Programs.--The
Secretary of Homeland Security may integrate application
procedures for, and issuance, suspension, and revocation of,
ABT Cards with other appropriate international trusted traveler
programs of the Department of Homeland Security.
[(c) Cooperation With Private Entities.--In carrying out this
section, the Secretary of Homeland Security may consult with
appropriate private sector entities.
[(d) Rulemaking.--The Secretary of Homeland Security, in
coordination with the Secretary of State, may prescribe such
regulations as may be necessary to carry out this section,
including regulations regarding conditions of or limitations on
eligibility for an ABT Card.
[(e) Fee.--
[(1) In general.--The Secretary of Homeland Security
may--
[(A) prescribe and collect a fee for the
issuance of ABT Cards; and
[(B) adjust such fee to the extent the
Secretary determines to be necessary to comply
with paragraph (2).
[(2) Limitation.--The Secretary of Homeland Security
shall ensure that the total amount of the fees
collected under paragraph (1) during any fiscal year is
sufficient to offset the direct and indirect costs
associated with carrying out this section during such
fiscal year, including the costs associated with
establishing the program.
[(3) Account for collections.--There is established
in the Treasury of the United States an ``APEC Business
Travel Card Account'' into which the fees collected
under paragraph (1) shall be deposited as offsetting
receipts.
[(4) Use of funds.--Amounts deposited into the APEC
Business Travel Card Account--
[(A) shall be credited to the appropriate
account of the Department of Homeland Security
for expenses incurred in carrying out this
section; and
[(B) shall remain available until expended.
[(f) Termination of Program.--The Secretary of Homeland
Security, in coordination with the Secretary of State, may
terminate activities under this section if the Secretary of
Homeland Security determines such action to be in the interest
of the United States.]
[all]