#aacth ,,congress #b;d ,session ,h4 ,r4 #chdf ,,an ,,act ,to provide for the authorization of border1 maritime1 and transportation security responsibilities and functions in the ,department of ,homeland ,security and the establishment of ,united ,states ,customs and ,border ,protection1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,united ,states ,customs and ,border ,protection ,authorization ,act4 #b4 ,establishment of ,united ,states ,customs and ,border ,protection 7a7 ,in general ,section #daa of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #baa7 is amended to read as follows3 #daa4 ,establishment of ,united ,states ,customs and ,border ,protection2 ,commissioner1 ,deputy ,commissioner1 and operational offices 7a7 ,in general ,there is established in the ,department an agency to be known as ,united ,states ,customs and ,border ,protection4 7b7 ,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 7in this section referred to as the ,commissioner71 who shall be appointed by the ,president1 by and with the advice and consent of the ,senate4 7c7 ,duties ,the ,commissioner shall-- 7#a7 ensure the interdiction of persons and goods illegally entering or exiting the ,united ,states2 7#b7 facilitate and expedite the flow of legitimate travelers and trade2 7#c7 detect1 respond to1 and interdict terrorists1 drug smugglers and traffickers1 human smugglers and traffickers1 and other persons who may undermine the security of the ,united ,states1 in cases in which such persons are entering1 or have recently entered1 the ,united ,states2 7#d7 safeguard the borders of the ,united ,states to protect against the entry of dangerous goods2 7#e7 oversee the functions of the ,office of ,international ,trade established under section #djb of the ,security and ,accountability for ,every ,port ,act of #bjjf 7#ai ,u4,s4,c4 #bjgb2 ,public ,law #aji-cdg72 7#f7 enforce and administer all customs laws of the ,united ,states1 including the ,tariff ,act of #aicj2 7#g7 enforce and administer all immigration laws1 as such term is defined in paragraph 7#ag7 of section #aja7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a771 as necessary for the inspection1 processing1 and admission of persons who seek to enter or depart the ,united ,states1 and as necessary to ensure the detection1 interdiction1 removal1 departure from the ,united ,states1 short-term detention1 and transfer of persons unlawfully entering1 or who have recently unlawfully entered1 the ,united ,states1 in coordination with ,united ,states ,immigration and ,customs ,enforcement and ,united ,states ,citizenship and ,immigration ,services2 7#h7 develop and implement screening and targeting capabilities1 including the screening1 reviewing1 identifying1 and prioritizing of passengers and cargo across all international modes of transportation1 both inbound and outbound2 7#i7 enforce and administer the laws relating to agricultural import and entry inspection referred to in section #dba2 7#aj7 in coordination with the ,secretary1 deploy technology to collect the data necessary for the ,secretary to administer the biometric entry and exit data system pursuant to section #gbjh of the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7#h ,u4,s4,c4 #acfe;b72 7#aa7 ,in coordination with the ,under ,secretary for ,management of the ,department1 ensure ,united ,states ,customs and ,border ,protection complies with ,federal law1 the ,federal ,acquisition ,regulation1 and the ,department's acquisition management directives for major acquisition programs of ,united ,states ,customs and ,border ,protection2 7#ab7 enforce and administer-- 7,a7 the ,container ,security ,initiative program under section #bje of the ,security and ,accountability for ,every ,port ,act of #bjjf 7#f ,u4,s4,c4 #ide2 ,public ,law #aji-cdg72 and 7,b7 the ,customs-,trade ,partnership ,against ,terrorism program under sections #baa through #bbc of such ,act 7#f ,u4,s4,c4 #ifa-igc72 7#ac7 establish the standard operating procedures described in subsection 7k72 7#ad7 carry out the training required under subsection 7l72 and 7#ae7 carry out other duties and powers prescribed by law or delegated by the ,secretary4 7d7 ,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 ,protection4 7e7 ,united ,states ,border ,patrol 7#a7 ,in general ,there is established in ,united ,states ,customs and ,border ,protection the ,united ,states ,border ,patrol4 7#b7 ,chief ,there shall be at the head of the ,united ,states ,border ,patrol a ,chief1 who shall be a uniformed law enforcement officer chosen from the ranks of the ,united ,states ,border ,patrol and who shall report to the ,commissioner4 7#c7 ,duties ,the ,united ,states ,border ,patrol shall-- 7,a7 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 entry2 7,b7 deter and prevent illegal entry of terrorists1 terrorist weapons1 persons1 and contraband2 and 7,c7 carry out other duties and powers prescribed by the ,commissioner4 7f7 ,office of ,air and ,marine ,operations 7#a7 ,in general ,there is established in ,united ,states ,customs and ,border ,protection an ,office of ,air and ,marine ,operations4 7#b7 ,assistant commissioner ,there shall be at the head of the ,office of ,air and ,marine ,operations an ,assistant ,commissioner1 who shall report to the ,commissioner4 7#c7 ,duties ,the ,office of ,air and ,marine ,operations shall-- 7,a7 serve as the law enforcement office within ,united ,states ,customs and ,border ,protection with primary responsibility to detect1 interdict1 and prevent acts of terrorism and the unlawful movement of people1 illicit drugs1 and other contraband across the borders of the ,united ,states in the air and maritime environment2 7,b7 oversee the acquisition1 maintenance1 and operational use of ,united ,states ,customs and ,border ,protection integrated air and marine forces2 7,c7 provide aviation and marine support for other ,federal1 ,state1 and local law enforcement agency needs1 as appropriate2 and 7,d7 carry out other duties and powers prescribed by the ,commissioner4 7g7 ,office of ,field ,operations 7#a7 ,in general ,there is established in ,united ,states ,customs and ,border ,protection an ,office of ,field ,operations4 7#b7 ,assistant commissioner ,there shall be at the head of the ,office of ,field ,operations an ,assistant ,commissioner1 who shall report to the ,commissioner4 7#c7 ,duties ,the ,office of ,field ,operations shall coordinate the enforcement activities of ,united ,states ,customs and ,border ,protection at ,united ,states air1 land1 and sea ports of entry to-- 7,a7 deter and prevent terrorists and terrorist weapons from entering the ,united ,states at such ports of entry2 7,b7 conduct inspections at such ports of entry to safeguard the ,united ,states from terrorism and illegal entry of persons2 7,c7 prevent illicit drugs1 agricultural pests1 and contraband from entering the ,united ,states2 7,d7 in coordination with the ,commissioner1 facilitate and expedite the flow of legitimate travelers and trade2 7,e7 administer the ,national ,targeting ,center established under paragraph 7#d72 and 7,f7 carry out other duties and powers prescribed by the ,commissioner4 7#d7 ,national ,targeting ,center 7,a7 ,in general ,there is established in the ,office of ,field ,operations a ,national ,targeting ,center4 7,b7 ,executive ,director ,there shall be at the head of the ,national ,targeting ,center an ,executive ,director1 who shall report to the ,assistant ,commissioner of the ,office of ,field ,operations4 7,c7 ,duties ,the ,national ,targeting ,center shall-- 7i7 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 ,states2 7ii7 identify1 review1 and target travelers and cargo for examination2 7iii7 coordinate the examination of entry and exit of travelers and cargo2 and 7iv7 carry out other duties and powers prescribed by the ,assistant ,commissioner4 7#e7 ,annual report on staffing ,not later than #cj days after the date of the enactment of this section and annually thereafter1 the ,assistant ,commissioner shall submit to the appropriate congressional committees a report on the staffing model for the ,office of ,field ,operations1 including information on how many supervisors1 front-line ,united ,states ,customs and ,border ,protection officers1 and support personnel are assigned to each ,field ,office and port of entry4 7h7 ,office of ,intelligence and ,investigative ,liaison 7#a7 ,in general ,there is established in ,united ,states ,customs and ,border ,protection an ,office of ,intelligence and ,investigative ,liaison4 7#b7 ,assistant ,commissioner ,there shall be at the head of the ,office of ,intelligence and ,investigative ,liaison an ,assistant ,commissioner1 who shall report to the ,commissioner4 7#c7 ,duties ,the ,office of ,intelligence and ,investigative ,liaison shall-- 7,a7 develop1 provide1 coordinate1 and implement intelligence capabilities into a cohesive intelligence enterprise to support the execution of the ,united ,states ,customs and ,border ,protection duties and responsibilities2 7,b7 collect and analyze advance traveler and cargo information2 7,c7 establish1 in coordination with the ,chief ,intelligence ,officer of the ,department1 as appropriate1 intelligence-sharing relationships with ,federal1 ,state1 local1 and tribal agencies and intelligence agencies2 and 7,d7 carry out other duties and powers prescribed by the ,commissioner4 7i7 ,office of ,international ,affairs 7#a7 ,in general ,there is established in ,united ,states ,customs and ,border ,protection an ,office of ,international ,affairs4 7#b7 ,assistant ,commissioner ,there shall be at the head of the ,office of ,international ,affairs an ,assistant ,commissioner1 who shall report to the ,commissioner4 7#c7 ,duties ,the ,office of ,international ,affairs1 in collaboration with the ,office of ,international ,affairs of the ,department1 shall-- 7,a7 coordinate and support ,united ,states ,customs and ,border ,protection's foreign initiatives1 policies1 programs1 and activities2 7,b7 coordinate and support ,united ,states ,customs and ,border ,protection's personnel stationed abroad2 7,c7 maintain partnerships and information sharing agreements and arrangements with foreign governments1 international organizations1 and ,united ,states agencies in support of ,united ,states ,customs and ,border ,protection duties and responsibilities2 7,d7 provide necessary capacity building1 training1 and assistance to foreign border control agencies to strengthen global supply chain and travel security2 7,e7 coordinate mission support services to sustain ,united ,states ,customs and ,border ,protection's global activities2 7,f7 coordinate1 in collaboration with the ,office of ,policy of the ,department1 as appropriate1 ,united ,states ,customs and ,border ,protection's engagement in international negotiations2 and 7,g7 carry out other duties and powers prescribed by the ,commissioner4 7j7 ,office of ,internal ,affairs 7#a7 ,in general ,there is established in ,united ,states ,customs and ,border ,protection an ,office of ,internal ,affairs4 7#b7 ,assistant ,commissioner ,there shall be at the head of the ,office of ,internal ,affairs an ,assistant ,commissioner1 who shall report to the ,commissioner4 7#c7 ,duties ,the ,office of ,internal ,affairs shall-- 7,a7 investigate criminal and administrative matters and misconduct by officers1 agents1 and other employees of ,united ,states ,customs and ,border ,protection2 7,b7 perform investigations of ,united ,states ,customs and ,border ,protection applicants and periodic reinvestigations 7in accordance with section #cjja of the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7#ej ,u4,s4,c4 #ccda2 ,public ,law #ajh-deh77 of officers1 agents1 and other employees of ,united ,states ,custom and ,border ,protection1 including investigations to determine suitability for employment and eligibility for access to classified information2 7,c7 conduct polygraph examinations in accordance with section #c7a7 of the ,anti-,border ,corruption ,act of #bjaj 7,public ,law #aaa-cgf72 7,d7 perform inspections of ,united ,states ,customs and ,border ,protection programs1 operations1 and offices2 7,e7 conduct risk-based covert testing of ,united ,states ,customs and ,border ,protection operations1 including for nuclear and radiological risks2 7,f7 manage integrity of ,united ,states ,customs and ,border ,protection counter-intelligence operations1 including conduct of counter-intelligence investigations2 7,g7 conduct research and analysis regarding misconduct of officers1 agents1 and other employees of ,united ,states ,customs and ,border ,protection2 and 7,h7 carry out other duties and powers prescribed by the ,commissioner4 7k7 ,standard operating procedures 7#a7 ,in general ,the ,commissioner shall establish-- 7,a7 standard operating procedures for searching1 reviewing1 retaining1 and sharing information contained in communication1 electronic1 or digital devices encountered by ,united ,states ,customs and ,border ,protection personnel at ,united ,states ports of entry2 7,b7 standard use of force procedures officers and agents of ,united ,states ,customs and ,border ,protection may employ in the execution of their duties1 including the use of deadly force and procedures for deescalating confrontations1 where possible2 7,c7 a uniform1 standardized1 and publically-available procedure for processing and investigating complaints against officers1 agents1 and employees of ,united ,states ,customs and ,border ,protection for violations of professional conduct1 including the timely disposition of complaints and a written notification to the complainant of the status or outcome1 as appropriate1 of the related investigation1 in accordance with section #eeb;a of title #e1 ,united ,states ,code 7commonly referred to as the ,privacy ,act or the ,privacy ,act of #aigd72 7,d7 an internal1 uniform reporting mechanism regarding incidents involving the use of deadly force by an officer or agent of ,united ,states ,customs and ,border ,protection1 including an evaluation of the degree to which the procedures required under subparagraph 7,b7 were followed2 and 7,e7 standard operating procedures1 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 ,department1 to provide command1 control1 communication1 surveillance1 and reconnaissance assistance through the use of unmanned aerial systems1 including the establishment of-- 7i7 a process for other ,federal1 ,state1 and local law enforcement agencies to submit mission requests2 7ii7 a formal procedure to determine whether to approve or deny such a mission request2 7iii7 a formal procedure to determine how such mission requests are prioritized and coordinated2 7iv7 a process for establishing agreements with other ,federal1 ,state1 and local law enforcement agencies regarding reimbursement for such mission costs2 and 7v7 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 systems4 7#b7 ,requirements regarding certain notifications ,the standard operating procedures established pursuant to subparagraph 7,a7 of paragraph 7#a7 shall require-- 7,a7 in the case of a search of information conducted on an electronic device by ,united ,states ,customs and ,border ,protection personnel1 the ,commissioner to notify the individual subject to such search of the purpose and authority for such search1 and how such individual may obtain information on reporting concerns about such search2 and 7,b7 in the case of information collected by ,united ,states ,customs and ,border ,protection through a search of an electronic device1 if such information is transmitted to another ,federal agency for subject matter assistance1 translation1 or decryption1 the ,commissioner to notify the individual subject to such search of such transmission4 7#c7 ,exceptions 7,a7 ,in general ,the ,commissioner may withhold the notifications required under paragraphs 7#a77;,c7 and 7#b7 if the ,commissioner determines that such notifications would impair national security1 law enforcement1 or other operational interests4 7,b7 ,terrorist watch lists 7i7 ,searches ,if the individual subject to search of an electronic device pursuant to subparagraph 7,a7 of paragraph 7#a7 is included on a ,government-operated or ,government-maintained terrorist watch list1 the notifications required under paragraph 7#b7 shall not apply4 7ii7 ,complaints ,if the complainant using the process established under subparagraph 7,c7 of paragraph 7#a7 is included on a ,government-operated or ,government-maintained terrorist watch list1 the notification required under such subparagraph shall not apply4 7#d7 ,update and review ,the ,commissioner shall review and update every three years the standard operating procedures required under this subsection4 7#e7 ,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 7,a7 of paragraph 7#a74 ,such audits shall be submitted to the appropriate congressional committees and shall include the following3 7,a7 ,a description of the activities of officers and agents of ,united ,states ,customs and ,border ,protection with respect to such searches4 7,b7 ,the number of such searches4 7,c7 ,the number of instances in which information contained in such devices that were subjected to such searches was retained1 copied1 shared1 or entered in an electronic database4 7,d7 ,the number of such devices detained as the result of such searches4 7,e7 ,the number of instances in which information collected from such device was subjected to such searches was transmitted to a another ,federal agency1 including whether such transmission resulted in a prosecution or conviction4 7#f7 ,requirements regarding other notifications ,the standard operating procedures established pursuant to subparagraph 7,b7 of paragraph 7#a7 shall require-- 7,a7 in the case of an incident of the use of deadly force by ,united ,states ,customs and ,border ,protection personnel1 the ,commissioner to notify the appropriate congressional committees2 and 7,b7 the ,commissioner to provide to such committees a copy of the evaluation pursuant to subparagraph 7,d7 of such paragraph not later than #cj days after completion of such evaluation4 7#f7 ,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 7,e7 of paragraph 7#a74 ,such reports-- 7,a7 shall be submitted with the ,president's annual budget2 7,b7 may be submitted in classified form if the ,commissioner determines that such is appropriate1 and 7,c7 shall include-- 7i7 a detailed description of how1 where1 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 stored2 and 7ii7 a list of ,federal1 ,state1 and local law enforcement agencies that submitted mission requests in the previous year and the disposition of such requests4 7l7 ,training 7#a7 ,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 7to be determined by the ,commissioner7 to maintain an understanding of ,federal legal rulings1 court decisions1 and departmental policies1 procedures1 and guidelines4 7#b7 ,ensuring training ,not later than #ij days after the date of the enactment of this section1 the ,commissioner shall develop a database system that identifies for each ,united ,states ,customs and ,border ,protection officer or agent1 by port of entry or station-- 7,a7 for each training course1 the average time allocated during on-duty hours within which training must be completed2 7,b7 for each training course offered1 the duration of training and the average amount of time an officer must be absent from work to complete such training course2 and 7,c7 certification of each training course by a supervising officer that the officer is able to carry out the function for which the training was provided1 and if training has been postponed1 the basis for postponing such training4 7#c7 ,use of data ,the ,commissioner shall use the information developed under paragraph 7#b7 to-- 7,a7 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 entry2 and 7,b7 measure progress toward achieving the training requirements referred to in subparagraph 7,a74 7m7 ,short term detention standards 7#a7 ,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 detention4 7#b7 ,access to information on detainee rights at border patrol processing centers 7,a7 ,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 rights1 including the right to contact a representative of such individual's government for purposes of ,united ,states treaty obligations4 7,b7 ,form ,the information referred to in subparagraph 7,a7 may be provided either verbally or in writing1 and shall be posted in the detention holding cell in which such individual is being held4 ,the information shall be provided in a language understandable to such individual4 7#c7 ,daytime repatriation ,when practicable1 repatriations shall be limited to daylight hours and avoid locations that are determined to have high indices of crime and violence4 7#d7 ,short term detention defined ,in this subsection1 the term short term detention means detention in a ,united ,states ,border ,patrol processing center for #gb hours or less1 before repatriation to a country of nationality or last habitual residence4 7#e7 ,report on procurement process and standards ,not later than #ahj days after the date of the enactment of this section1 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 ,protection4 ,such report should also consider the operational efficiency of contracting the transportation and detention of such individuals4 7#f7 ,report on inspections of short-term custody facilities ,the ,commissioner shall-- 7,a7 annually inspect all facilities utilized for short term detention2 and 7,b7 make publically available information collected pursuant to such inspections1 including information regarding the requirements under paragraphs 7#a7 and 7#b7 and1 where appropriate1 issue recommendations to improve the conditions of such facilities4 7n7 ,wait times transparency 7#a7 ,in general ,the ,commissioner shall-- 7,a7 publish live wait times at the #bj ,united ,states airports that support the highest volume of international travel 7as determined by available ,federal flight data72 7,b7 make information about such wait times available to the public in real time through the ,united ,states ,customs and ,border ,protection ,web site2 7,c7 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 times2 and 7,d7 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 experiences4 7#b7 ,calculation ,the wait times referred to in paragraph 7#a77;,a7 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 officer4 7o7 ,other authorities 7#a7 ,in general ,the ,secretary may establish such other offices or ,assistant ,commissioners 7or other similar officers or officials7 as the ,secretary determines necessary to carry out the missions1 duties1 functions1 and authorities of ,united ,states ,customs and ,border ,protection4 7#b7 ,notification ,if the ,secretary exercises the authority provided pursuant to paragraph 7#a71 the ,secretary shall notify the appropriate congressional committees not later than #cj days before exercising such authority4 7p7 ,other ,federal agencies ,nothing in this section may be construed as affecting in any manner the existing authority of any other ,federal agency1 including the ,transportation ,security ,administration with respect to the duties of ,united ,states ,customs and ,border ,protection described in subsection 7c74 4 7b7 ,special rules 7#a7 ,treatment ,section #daa of the ,homeland ,security ,act of #bjjb1 as amended by subsection 7a7 of this section1 shall be treated as if included in such ,act as of the date of the enactment of such ,act1 and1 in addition to the functions1 missions1 duties1 and authorities specified in such amended section #daa1 ,united ,states ,customs and ,border ,protection shall continue to perform and carry out the functions1 missions1 duties1 and authorities under section #daa of such ,act as in existence on the day before such date of enactment1 and section #dae of such ,act4 7#b7 ,rules of construction 7,a7 ,rules and regulations ,notwithstanding paragraph 7#a71 nothing in this ,act may be construed as affecting in any manner any rule or regulation issued or promulgated pursuant to any provision of law1 including section #daa of the ,homeland ,security ,act of #bjjb as in existence on the day before the date of the enactment of this ,act1 and any such rule or regulation shall continue to have full force and effect on and after such date4 7,b7 ,other actions ,notwithstanding paragraph 7#a71 nothing in this ,act may be construed as affecting in any manner any action1 determination1 policy1 or decision pursuant to section #daa of the ,homeland ,security ,act of #bjjb as in existence on the day before the date of the enactment of this ,act1 and any such action1 determination1 policy1 or decision shall continue to have full force and effect on and after such date4 7c7 ,continuation in office 7#a7 ,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 #daa of the ,homeland ,security ,act of #bjjb1 as amended by subsection 7a7 of this section4 7#b7 ,other positions ,the individuals serving as ,assistant ,commissioners and other officers and officials under section #daa of the ,homeland ,security ,act of #bjjb 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 #daa as amended by subsection 7a7 of this section unless the ,commissioner of ,united ,states ,customs and ,border ,protection determines that another individual should hold such position or positions4 7d7 ,reference 7#a7 ,title #e ,section #ecad of title #e1 ,united ,states ,code1 is amended by striking ,commissioner of ,customs1 ,department of ,homeland ,security and inserting ,commissioner of ,united ,states ,customs and ,border ,protection1 ,department of ,homeland ,security4 7#b7 ,other references ,on and after the date of the enactment of this ,act1 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 ,protection4 7e7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #aja et seq47 is amended by striking the item relating to section #daa and inserting the following new item3 ,sec4 #daa4 ,establishment of ,united ,states ,customs and ,border ,protection2 ,commissioner1 ,deputy ,commissioner1 and operational offices4 4 #c4 ,repeals ,sections #daf1 #dah1 and #ddc of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #baf1 #bah1 and #bec71 and the items relating to such sections in the table of contents in section #a7;b7 of such ,act1 are repealed4 #d4 ,clerical and conforming amendments 7a7 ,in general ,the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #aja et seq47 is amended-- 7#a7 in title ,i-- 7,a7 in section #ajb7;f77#aj7 7#f ,u4,s4,c4 #aab7;f77#aj771 by striking the ,directorate of ,border and ,transportation ,security and inserting ,commissioner of ,united ,states ,customs and ,border ,protection2 and 7,b7 in section #ajc7;a77#a7 7#f ,u4,s4,c4 #aac7;a77#a77-- 7i7 in subparagraph 7,c71 by striking ,an ,under ,secretary for ,border and ,transportation ,security4 and inserting ,a ,commissioner of ,united ,states ,customs and ,border ,protection42 and 7ii7 in subparagraph 7,g71 by striking ,a ,director of the ,office of ,counternarcotics ,enforcement4 and inserting ,a ,director for ,united ,states ,immigration and ,customs ,enforcement42 and 7#b7 in title ,,iv-- 7,a7 by striking the title heading and inserting ,border1 ,maritime1 and ,transportation ,security2 7,b7 in subtitle ,a-- 7i7 by striking the subtitle heading and inserting ,border1 ,maritime1 and ,transportation ,security ,responsibilities and ,functions2 and 7ii7 in section #djb 7#f ,u4,s4,c4 #bjb7-- 7,i7 in the section heading1 by striking ,responsibilities and inserting ,border1 ,maritime1 and ,transportation ,responsibilities2 and 7,,ii7 by striking 1 acting through the ,under ,secretary for ,border and ,transportation ,security12 7,c7 in subtitle ,b-- 7i7 by striking the subtitle heading and inserting ,united ,states ,customs and ,border ,protection2 7ii7 in section #dab7;b7 7#f ,u4,s4,c4 #bab71 by striking ,united ,states ,customs ,service each place it appears and inserting ,united ,states ,customs and ,border ,protection2 7iii7 in section #dac 7#f ,u4,s4,c4 #bac71 by striking available to the ,united ,states ,customs ,service or2 7iv7 in section #dad 7#f ,u4,s4,c4 #bad71 by striking ,united ,states ,customs ,service and inserting ,united ,states ,customs and ,border ,protection2 and 7v7 in section #dae 7#f ,u4,s4,c4 #bae7-- 7,i7 in paragraph 7#g71 by inserting before the colon the following3 1 and of ,united ,states ,customs and ,border ,protection on the day before the effective date of the ,united ,states ,customs and ,border ,protection ,authorization ,act2 and 7,,ii7 in paragraph 7#h71 by inserting before the colon the following3 1 and of ,united ,states ,customs and ,border ,protection on the day before the effective date of the ,united ,states ,customs and ,border ,protection ,authorization ,act2 7,d7 in subtitle ,c-- 7i7 by striking section #dbd 7#f ,u4,s4,c4 #bcd7 and inserting the following new section3 #dbd4 ,preservation of ,transportation ,security ,administration as a distinct entity ,notwithstanding any other provision of this ,act1 the ,transportation ,security ,administration shall be maintained as a distinct entity within the ,department4 2 and 7ii7 in section #dcj 7#f ,u4,s4,c4 #bch7-- 7,i7 by amending subsection 7a7 to read as follows3 7a7 ,establishment ,there is established in the ,department an ,office for ,domestic ,preparedness4 2 7,,ii7 in subsection 7b71 by striking the second sentence2 and 7,,iii7 in subsection 7c77#g71 by striking ,directorate and inserting ,department2 and 7,e7 in subtitle ,d-- 7i7 in section #dda 7#f ,u4,s4,c4 #bea7-- 7,i7 by striking the section heading and inserting ,transfer of functions2 and 7,,ii7 by striking ,under ,secretary for ,border and ,transportation ,security and inserting ,secretary2 and 7ii7 by amending section #ddd 7#f ,u4,s4,c4 #bed7 to read as follows3 #ddd4 ,employee discipline ,notwithstanding any other provision of law1 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 matter4 4 7b7 ,conforming amendments ,section #dja of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bja7 is repealed4 7c7 ,clerical amendments ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb is amended-- 7#a7 by striking the item relating to title ,,iv and inserting the following3 ,title ,,iv--,border1 ,maritime1 and ,transportation ,security 2 7#b7 by striking the item relating to subtitle ,a of title ,,iv and inserting the following3 ,subtitle ,a--,border1 ,maritime1 and ,transportation ,security ,responsibilities and ,functions 2 7#c7 by striking the item relating to section #dja2 7#d7 by striking the item relating to subtitle ,b of title ,,iv and inserting the following3 ,subtitle ,b--,united ,states ,customs and ,border ,protection 2 7#e7 by striking the item relating to section #dda and inserting the following3 ,sec4 #dda4 ,transfer of functions4 2 and 7#f7 by striking the item relating to section #ddb and inserting the following3 ,sec4 #ddb4 ,united ,states ,immigration and ,customs ,enforcement4 4 #e4 ,reports and assessments 7a7 ,report on contract management acquisition and procurement personnel ,not later than #fj days after the date of the enactment of this ,act and biennially thereafter1 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-- 7#a7 the number of contract management acquisition and procurement personnel assigned to the ,office of ,technology ,innovation and ,acquisition 7or successor office7 of ,united ,states ,customs and ,border ,protection1 categorized by position2 7#b7 the average aggregate value of the contracts each contract officer1 contract specialist1 and contract officer representative employee is responsible for managing2 and 7#c7 the number of additional acquisition and procurement personnel1 categorized by position1 and contract management specialists ,united ,states ,customs and ,border ,protection would need to ensure compliance with ,federal acquisition standards1 departmental management directives1 and ,united ,states ,customs and ,border ,protection contracting needs4 7b7 ,report on migrant deaths ,not later #ahj days after the date of the enactment of this ,act1 the ,commissioner of ,united ,states ,customs and ,border ,protection shall1 to the extent practicable1 make publically available information that the ,united ,states ,border ,patrol has collected on migrant deaths occurring along the ,united ,states-,mexico border1 including information on the following3 7#a7 ,the number of documented migrant deaths4 7#b7 ,the location where such migrant deaths occurred4 7#c7 ,to the extent possible1 the cause of death for each migrant4 7#d7 ,the extent to which border technology1 physical barriers1 and enforcement programs have contributed to such migrant deaths4 7#e7 ,a description of ,united ,states ,customs and ,border ,protection programs or plans to reduce the number of migrant deaths along the border1 including an assessment on the effectiveness of water supply sites and rescue beacons4 7c7 ,report on ,business ,transformation ,initiative ,not later than #ij days after the date of the enactment of this ,act1 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 ,initiative1 including locations where the ,initiative is deployed1 the types of equipment utilized1 a description of protocols and procedures1 information on wait times at such locations since deployment1 and information regarding the schedule for deployment at new locations4 7d7 ,report on unaccompanied alien children apprehended at the border ,not later than #ij days after the date of the enactment of this ,act and annually thereafter1 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 ,states4 ,such report shall include the following3 7#a7 ,information on the number1 nationality1 age1 and location of the apprehensions of such unaccompanied alien children in the current fiscal year and for each of the three prior fiscal years4 7#b7 ,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 years4 7#c7 ,a description of current and planned activities to discourage efforts to bring unaccompanied alien children to the ,united ,states without authorization4 7#d7 ,a description of training provided to officers and agents of ,united ,states ,customs and ,border ,protection regarding unaccompanied alien children1 including the number of such officers and agents who are so trained4 7#e7 ,an assessment of the existing officers1 agents1 and resources of ,united ,states ,customs and ,border ,protection being utilized to address unaccompanied alien children4 7#f7 ,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 laws1 regulations1 and standards regarding housing1 feeding1 and providing medical care for such children4 7#g7 ,an identification and assessment of the factors causing unaccompanied alien children to migrate to the ,united ,states1 including an assessment of how perceptions of enforcement policies and economic and social conditions1 including incidents of violence1 in countries of origin or last habitual residence may be attributed to a rise in attempted entries into the ,united ,states4 7#h7 ,information on ,united ,states ,border ,patrol resources spent to care for unaccompanied alien children in the custody of the ,united ,states ,border ,patrol1 including the number of ,united ,states ,border ,patrol agents assigned to care for unaccompanied alien children4 7#i7 ,future estimates of ,department of ,homeland ,security resources needed to care for expected increases in unaccompanied alien children4 7#aj7 ,an identification of any operational or policy challenges impacting the ,department of ,homeland ,security as a result of any expected increase in unaccompanied alien children4 7#aa7 ,information on any additional resources necessary to carry out ,united ,states ,customs and ,border ,protection's responsibilities with respect to unaccompanied alien children4 7e7 ,port of entry infrastructure needs assessments ,not later #ahj days after the date of the enactment of this ,act1 the ,commissioner of ,united ,states ,customs and ,border ,protection shall assess the physical infrastructure and technology needs at the #bj busiest land ports of entry 7as measured by ,united ,states ,customs and ,border ,protection7 with a particular attention to identify ways to-- 7#a7 improve travel and trade facilitation2 7#b7 reduce wait times2 7#c7 improve physical infrastructure and conditions for individuals accessing pedestrian ports of entry2 7#d7 enter into long-term leases with nongovernmental and private sector entities2 7#e7 enter into lease-purchase agreements with nongovernmental and private sector entities2 and 7#f7 achieve cost savings through leases described in paragraphs 7#d7 and 7#e74 7f7 ,unmanned aerial systems strategy ,not later than #ahj days after the date of the enactment of this ,act1 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 program4 ,such strategy shall include1 at a minimum1 the following3 7#a7 ,the mission and goals of such program4 7#b7 ,the expected level of unmanned aerial systems operations4 7#c7 ,the funding and anticipated stakeholder needs and resource requirements of such program4 7g7 ,report on biometric exit data capability at airports ,not later than #ij days after the date of the enactment of this ,act1 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 ,protection1 in conjunction with the ,directorate ,science and ,technology of the ,department of ,homeland ,security1 to evaluate technologies to provide a biometric exit capability at airports4 ,such report shall include the technologies tested1 the results of such tests to date1 plans for any future testing1 and a schedule of anticipated deployment of those or other technologies4 7h7 ,,cbp officer training ,not later than #ij days after the date of the enactment of this ,act1 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 hire1 train1 and deploy additional ,united ,states ,customs and ,border ,protection officers1 including an assessment of any additional resources necessary to hire1 train1 and deploy ,united ,states ,customs and ,border ,protection officers to meet staffing needs1 as identified by the ,united ,states ,customs and ,border ,protection staffing model4 7i7 ,report on the security of ,united ,states international borders ,not later than #ahj days after the date of the enactment of this ,act1 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 entry1 including measuring the effectiveness of current border security resource allocations uniformly across all ,united ,states ,customs and ,border ,protection sectors1 informed by input from individuals and relevant stakeholders who live and work near such borders1 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 status4 7j7 ,personal searches ,not later than #ij days after the date of the enactment of this ,act1 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 personnel4 ,such report shall include the number of personal searches conducted in each sector and field office1 the number of invasive personal searches conducted in each sector and field office1 whether personal searches were conducted by ,office of ,field ,operations or ,united ,states ,border ,patrol personnel1 and how many personal searches resulted in the discovery of contraband4 #f4 ,international initiatives 7a7 ,north and ,central ,american border security cooperation initiative ,the ,secretary of ,homeland ,security1 in coordination with the ,secretary of ,state1 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 ,states1 ,canada1 and ,mexico1 to meet such needs4 7b7 ,caribbean cooperation initiative ,the ,secretary of ,homeland ,security1 in coordination with the ,secretary of ,state1 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 security4 7c7 ,mexico's southern border security initiative ,the ,secretary of ,homeland ,security1 in coordination with the ,secretary of ,state1 shall engage with appropriate officials of the ,government of ,mexico to assess the specific needs to help secure ,mexico's southern border from undocumented aliens1 drugs1 weapons and other contraband4 7d7 ,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 section4 #g4 ,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 #ajj1jjj deplaned international passengers in the previous calendar year4 #h4 ,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-- 7#a7 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 country2 or 7#b7 makes available to the ,united ,states ,government the information described in paragraph 7#a7 through another means of reporting4 #i4 ,sense of ,congress regarding the ,foreign ,language ,award ,program 7a7 ,findings ,congress finds the following3 7#a7 ,congress established the ,foreign ,language ,award ,program 7,,flap7 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 tests4 ,,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 language4 7#b7 ,in #aiic1 ,congress provided for dedicated funding for this program by stipulating that certain fees collected by ,united ,states ,customs and ,border ,protection to fund ,,flap4 7#c7 ,through ,,flap1 foreign travelers are aided by having an officer at a port of entry who speaks their language1 and ,united ,states ,customs and ,border ,protection benefits by being able to focus its border security efforts in a more effective manner4 7b7 ,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 language1 thereby improving the efficiency of operations for the functioning of ,united ,states ,customs and ,border ,protection's security mission1 making the ,united ,states a more welcoming place when foreign travelers find officers can communicate in their language1 and helping to expedite traveler processing to reduce wait times4 #aj4 ,prohibition on new appropriations ,no additional funds are authorized to be appropriated to carry out this ,act and the amendments made by this ,act1 and this ,act and such amendments shall be carried out using amounts otherwise made available for such purposes4 ,passed the ,house of ,representatives ,july #bh1 #bjad4;,clerk4