H.R. 878 (114^th): United States Customs and Border Protection Authorization Act

the Container Security Initiative program under section 205 of the Security and Accountability for Every Port Act of 2006 (6 U.S.C. 945; Public Law 109–347); and

the Customs-Trade Partnership Against Terrorism program under sections 211 through 223 of such Act (6 U.S.C. 961–973);

serve as the law enforcement office of United States Customs and Border Protection with primary responsibility for interdicting persons attempting to illegally enter or exit the United States or goods being illegally imported to or exported from the United States at a place other than a designated port of entry;

deter and prevent illegal entry of terrorists, terrorist weapons, persons, and contraband; and

carry out other duties and powers prescribed by the Commissioner.

serve as the law enforcement office within United States Customs and Border Protection with primary responsibility to detect, interdict, and prevent acts of terrorism and the unlawful movement of people, illicit drugs, and other contraband across the borders of the United States in the air and maritime environment;

oversee the acquisition, maintenance, and operational use of United States Customs and Border Protection integrated air and marine forces;

provide aviation and marine support for other Federal, State, and local law enforcement agency needs, as appropriate; and

carry out other duties and powers prescribed by the Commissioner.

deter and prevent terrorists and terrorist weapons from entering the United States at such ports of entry;

conduct inspections at such ports of entry to safeguard the United States from terrorism and illegal entry of persons;

prevent illicit drugs, agricultural pests, and contraband from entering the United States;

in coordination with the Commissioner, facilitate and expedite the flow of legitimate travelers and trade;

administer the National Targeting Center established under paragraph (4); and

carry out other duties and powers prescribed by the Commissioner.

In general

There is established in the Office of Field Operations a National Targeting Center.

Executive Director

There shall be at the head of the National Targeting Center an Executive Director, who shall report to the Assistant Commissioner of the Office of Field Operations.

Duties

The National Targeting Center shall—

develop, provide, coordinate, and implement intelligence capabilities into a cohesive intelligence enterprise to support the execution of the United States Customs and Border Protection duties and responsibilities;

collect and analyze advance traveler and cargo information;

establish, in coordination with the Chief Intelligence Officer of the Department, as appropriate, intelligence-sharing relationships with Federal, State, local, and tribal agencies and intelligence agencies; and

carry out other duties and powers prescribed by the Commissioner.

coordinate and support United States Customs and Border Protection’s foreign initiatives, policies, programs, and activities;

coordinate and support United States Customs and Border Protection’s personnel stationed abroad;

maintain partnerships and information sharing agreements and arrangements with foreign governments, international organizations, and United States agencies in support of United States Customs and Border Protection duties and responsibilities;

provide necessary capacity building, training, and assistance to foreign border control agencies to strengthen global supply chain and travel security;

coordinate mission support services to sustain United States Customs and Border Protection’s global activities;

coordinate, in collaboration with the Office of Policy of the Department, as appropriate, United States Customs and Border Protection’s engagement in international negotiations; and

carry out other duties and powers prescribed by the Commissioner.

investigate criminal and administrative matters and misconduct by officers, agents, and other employees of United States Customs and Border Protection;

perform investigations of United States Customs and Border Protection applicants and periodic reinvestigations (in accordance with section 3001 of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3341; Public Law 108–458)) of officers, agents, and other employees of United States Custom and Border Protection, including investigations to determine suitability for employment and eligibility for access to classified information;

conduct polygraph examinations in accordance with section 3(1) of the Anti-Border Corruption Act of 2010 (Public Law 111–376);

perform inspections of United States Customs and Border Protection programs, operations, and offices;

conduct risk-based covert testing of United States Customs and Border Protection operations, including for nuclear and radiological risks;

manage integrity of United States Customs and Border Protection counter-intelligence operations, including conduct of counter-intelligence investigations;

conduct research and analysis regarding misconduct of officers, agents, and other employees of United States Customs and Border Protection; and

carry out other duties and powers prescribed by the Commissioner.

standard operating procedures for searching, reviewing, retaining, and sharing information contained in communication, electronic, or digital devices encountered by United States Customs and Border Protection personnel at United States ports of entry;

standard use of force procedures officers and agents of United States Customs and Border Protection may employ in the execution of their duties, including the use of deadly force and procedures for deescalating confrontations, where possible;

a uniform, standardized, and publically-available procedure for processing and investigating complaints against officers, agents, and employees of United States Customs and Border Protection for violations of professional conduct, including the timely disposition of complaints and a written notification to the complainant of the status or outcome, as appropriate, of the related investigation, in accordance with section 552a of title 5, United States Code (commonly referred to as the Privacy Act or the Privacy Act of 1974);

an internal, uniform reporting mechanism regarding incidents involving the use of deadly force by an officer or agent of United States Customs and Border Protection, including an evaluation of the degree to which the procedures required under subparagraph (B) were followed; and

standard operating procedures, acting through the Assistant Commissioner for Air and Marine Operations and in coordination with the Office of Civil Rights and Civil Liberties and the Office of Privacy of the Department, to provide command, control, communication, surveillance, and reconnaissance assistance through the use of unmanned aerial systems, including the establishment of—

in the case of a search of information conducted on an electronic device by United States Customs and Border Protection personnel, the Commissioner to notify the individual subject to such search of the purpose and authority for such search, and how such individual may obtain information on reporting concerns about such search; and

in the case of information collected by United States Customs and Border Protection through a search of an electronic device, if such information is transmitted to another Federal agency for subject matter assistance, translation, or decryption, the Commissioner to notify the individual subject to such search of such transmission.

In general

The Commissioner may withhold the notifications required under paragraphs (1)(C) and (2) if the Commissioner determines that such notifications would impair national security, law enforcement, or other operational interests.

Terrorist watch lists

A description of the activities of officers and agents of United States Customs and Border Protection with respect to such searches.

The number of such searches.

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.

The number of such devices detained as the result of such searches.

The number of instances in which information collected from such device was subjected to such searches was transmitted to a another Federal agency, including whether such transmission resulted in a prosecution or conviction.

in the case of an incident of the use of deadly force by United States Customs and Border Protection personnel, the Commissioner to notify the appropriate congressional committees; and

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.

shall be submitted with the President’s annual budget;

may be submitted in classified form if the Commissioner determines that such is appropriate, and

shall include—

In general

The Commissioner shall ensure that an individual apprehended by a United States Border Patrol agent is provided with information concerning such individual’s rights, including the right to contact a representative of such individual’s government for purposes of United States treaty obligations.

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.

annually inspect all facilities utilized for short term detention; and

make publically available information collected pursuant to such inspections, including information regarding the requirements under paragraphs (1) and (2) and, where appropriate, issue recommendations to improve the conditions of such facilities.

publish live wait times at the 20 United States airports that support the highest volume of international travel (as determined by available Federal flight data);

make information about such wait times available to the public in real time through the United States Customs and Border Protection Web site;

submit to the appropriate congressional committees quarterly reports that include compilations of all such wait times and a ranking of such United States airports by wait times; and

provide adequate staffing at the United States Customs and Border Protection information center to ensure timely access for travelers attempting to submit comments or speak with a representative about their entry experiences.