6 U.S. Code § 211 - Establishment of U.S. Customs and Border Protection; Commissioner, Deputy Commissioner, and operational offices

§ 211.
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) DutiesThe 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 1101(a) of title 8, 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 1365b of title 8;
(11)
enforce and administer the laws relating to agricultural import and entry inspection referred to in section 231 of this title;
(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 221(1) of this title;
(16)
establish the standard operating procedures described in subsection (k);
(17)
carry out the training required under subsection (l); and
(18)
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) ChiefThere 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) DutiesThe 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) DutiesAir 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) DutiesThe 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) DutiesThe 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) DutiesThe 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 4318(b) of title 19; 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 February 24, 2016, 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) DutiesThe 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) DutiesThe 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) DutiesThe 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 generalThe 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 (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 notificationsThe 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) AuditsThe 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 February 24, 2016, 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 notificationsThe 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 systemsThe 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 February 24, 2016, 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;
(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 February 24, 2016, 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 facilitiesThe 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 generalThe 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 February 24, 2016, 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 February 24, 2016, 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 February 24, 2016, 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 February 24, 2016, 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 4301 of title 19.

(Pub. L. 107–296, title IV, § 411, Nov. 25, 2002, 116 Stat. 2178; Pub. L. 114–125, title VIII, § 802(a), Feb. 24, 2016, 130 Stat. 199.)
References in Text

The Security and Accountability for Every Port Act of 2006, referred to in subsec. (c)(14)(B), is Pub. L. 109–347, Oct. 13, 2006, 120 Stat. 1884, also known as the SAFE Port Act. Subtitle B of title II of the Act is classified generally to part B (§ 961 et seq.) of subchapter II of chapter 3 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 901 of this title and Tables.

Codification

Section is comprised of section 411 of Pub. L. 107–296. Former subsec. (b)(2) of section 411 of Pub. L. 107–296 amended section 5314 of Title 5, Government Organization and Employees.

Amendments

2016—Pub. L. 114–125 amended section generally. Prior to amendment, section established the United States Customs Service headed by a Commissioner of Customs.

Change of Name

Pub. L. 114–125, title VIII, § 802(d)(2), Feb. 24, 2016, 130 Stat. 210, provided that:

“On and after the date of the enactment of this Act [Feb. 24, 2016], 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 U.S. Customs and Border Protection.”

Effective Date of 2016 Amendment; Continuity of Functions, Rules, and Actions

Pub. L. 114–125, title VIII, § 802(b), Feb. 24, 2016, 130 Stat. 209, provided that:

“(1)Treatment.—
Section 411 of the Homeland Security Act of 2002 [6 U.S.C. 211], as amended by subsection (a) of this section, shall be treated as if included in such Act [Pub. L. 107–296] as of the date of the enactment of such Act [Nov. 25, 2002], and, in addition to the functions, missions, duties, and authorities specified in such amended section 411, U.S. Customs and Border Protection shall continue to perform and carry out the functions, missions, duties, and authorities under section 411 of such Act as in existence on the day before the date of the enactment of this Act [Feb. 24, 2016], and section 415 of the Homeland Security Act of 2002 [6 U.S.C. 215].
“(2) Rules of construction.—
“(A)Rules and regulations.—
Notwithstanding paragraph (1), nothing in this title [see Tables for classification] or any amendment made by this title may be construed as affecting in any manner any rule or regulation issued or promulgated pursuant to any provision of law, including section 411 of the Homeland Security Act of 2002 as in existence on the day before the date of the enactment of this Act [Feb. 24, 2016], and any such rule or regulation shall continue to have full force and effect on and after such date.
“(B)Other actions.—
Notwithstanding paragraph (1), nothing in this Act [see Tables for classification] may be construed as affecting in any manner any action, determination, policy, or decision pursuant to section 411 of the Homeland Security Act of 2002 as in existence on the day before the date of the enactment of this Act, and any such action, determination, policy, or decision shall continue to have full force and effect on and after such date.”

Continuation in Office

Pub. L. 114–125, title VIII, § 802(c), Feb. 24, 2016, 130 Stat. 210, provided that:

“(1)Commissioner.—
The individual serving as the Commissioner of Customs on the day before the date of the enactment of this Act [Feb. 24, 2016] may serve as the Commissioner of U.S. Customs and Border Protection on and after such date of enactment until a Commissioner of U.S. Customs and Border Protection is appointed under section 411 of the Homeland Security Act of 2002 [6 U.S.C. 211], as amended by subsection (a) of this section.
“(2)Other positions.—
The individual serving as Deputy Commissioner, and the individuals serving as Assistant Commissioners and other officers and officials, under section 411 of the Homeland Security Act of 2002 on the day before the date of the enactment of this Act [Feb. 24, 2016] may serve as the Executive Assistant Commissioners, Deputy Commissioner, Assistant Commissioners, and other officers and officials, as appropriate, under such section 411 as amended by subsection (a) of this section unless the Commissioner of U.S. Customs and Border Protection determines that another individual should hold such position or positions.”

Border Jobs for Veterans

Pub. L. 114–68, Oct. 16, 2015, 129 Stat. 555, provided that:

“SECTION 1.
SHORT TITLE.

“This Act may be cited as the ‘Border Jobs for Veterans Act of 2015’.

“SEC. 2.
FINDINGS.
“Congress finds the following:
“(1)
Customs and Border Protection officers at United States ports of entry carry out critical law enforcement duties associated with screening foreign visitors, returning United States citizens, and imported cargo entering the United States.
“(2)
It is in the national interest for United States ports of entry to be adequately staffed with Customs and Border Protection officers in a timely fashion, including meeting the congressionally funded staffing target of 23,775 officers for fiscal year 2015.
“(3)
An estimated 250,000 to 300,000 members of the Armed Forces separate from military service every year.
“(4)
Recruiting efforts and expedited hiring procedures must be enhanced to ensure that individuals separating from military service are aware of, and partake in, opportunities to fill vacant Customs and Border Protection officer positions.
“SEC. 3.
EXPEDITED HIRING OF APPROPRIATE SEPARATING SERVICE MEMBERS.

“The Secretary of Homeland Security shall consider the expedited hiring of qualified candidates who have the ability to perform the essential functions of the position of a Customs and Border Protection officer and who are eligible for a veterans recruitment appointment authorized under section 4214 of title 38, United States Code.

“SEC. 4.
ENHANCEMENTS TO EXISTING PROGRAMS TO RECRUIT SERVICE MEMBERS SEPARATING FROM MILITARY SERVICE FOR CUSTOMS AND BORDER PROTECTION OFFICER VACANCIES.
“(a)In General.—
The Secretary of Homeland Security, in consultation with the Secretary of Defense, and acting through existing programs, authorities, and agreements, where applicable, shall enhance the efforts of the Department of Homeland Security to recruit members of the Armed Forces who are separating from military service to serve as Customs and Border Protection officers.
“(b)Elements.—The enhanced recruiting efforts under subsection (a) shall—
“(1)
include Customs and Border Protection officer opportunities in relevant job assistance efforts under the Transition Assistance Program;
“(2)
place U.S. Customs and Border Protection officials or other relevant Department of Homeland Security officials at recruiting events and jobs fairs involving members of the Armed Forces who are separating from military service;
“(3)
provide opportunities for local U.S. Customs and Border Protection field offices to partner with military bases in the region;
“(4)
include outreach efforts to educate members of the Armed Forces with Military Occupational Specialty Codes and Officer Branches, Air Force Specialty Codes, Naval Enlisted Classifications and Officer Designators, and Coast Guard competencies that are transferable to the requirements, qualifications, and duties assigned to Customs and Border Protection officers of available hiring opportunities to become Customs and Border Protection officers;
“(5)
identify shared activities and opportunities for reciprocity related to steps in hiring Customs and Border Protection officers with the goal of minimizing the time required to hire qualified applicants;
“(6)
ensure the streamlined interagency transfer of relevant background investigations and security clearances; and
“(7)
include such other elements as may be necessary to ensure that members of the Armed Forces who are separating from military service are aware of opportunities to fill vacant Customs and Border Protection officer positions.
“SEC. 5.
REPORT TO CONGRESS.
“(a)In General.—
Not later than 180 days after the date of the enactment of this Act [Oct. 16, 2015], and by December 31 of each of the next 3 years thereafter, the Secretary of Homeland Security, in consultation with the Secretary of Defense, shall submit a report to the Committee on Homeland Security and the Committee on Armed Services of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Armed Services of the Senate that includes a description and assessment of the efforts of the Department of Homeland Security to hire members of the Armed Forces who are separating from military service as Customs and Border Protection officers under section 4.
“(b)Content.—The report required under subsection (a) shall include—
“(1) a detailed description of the efforts to implement section 4, including—
“(A)
elements of the enhanced recruiting efforts and the goals associated with such elements; and
“(B)
a description of how the elements and goals referred to in subparagraph (A) will assist in meeting statutorily mandated staffing levels and agency hiring benchmarks;
“(2)
a detailed description of the efforts that have been undertaken under section 4;
“(3)
the estimated number of separating service members made aware of Customs and Border Protection officer vacancies;
“(4)
the number of Customs and Border Protection officer vacancies filled with separating service members; and
“(5)
the number of Customs and Border Protection officer vacancies filled with separating service members under Veterans Recruitment Appointment authorized under section 4214 of title 38, United States Code.
“SEC. 6.
RULES OF CONSTRUCTION.
“Nothing in this Act may be construed—
“(1)
as superseding, altering, or amending existing Federal veterans’ hiring preferences or Federal hiring authorities; or
“(2)
to authorize the appropriation of additional amounts to carry out this Act.”

Port of Entry Partnership Pilot Program

Pub. L. 113–76, div. F, title V, § 559, Jan. 17, 2014, 128 Stat. 279, as amended by Pub. L. 114–4, title V, § 552(a), Mar. 4, 2015, 129 Stat. 71; Pub. L. 114–113, div. F, title V, § 550, Dec. 18, 2015, 129 Stat. 2519, provided that:

“(a)In General.—
In addition to existing authorities, the Commissioner of U.S. Customs and Border Protection, in collaboration with the Administrator of General Services, is authorized to conduct a pilot program in accordance with this section to permit U.S. Customs and Border Protection to enter into partnerships with private sector and government entities at ports of entry for certain services and to accept certain donations.
“(b)Rule of Construction.—
Except as otherwise provided in this section, nothing in this section may be construed as affecting in any manner the responsibilities, duties, or authorities of U.S. Customs and Border Protection or the General Services Administration.
“(c)Duration.—
The pilot program described in subsection (a) shall be for five years. A partnership entered into during such pilot program may last as long as required to meet the terms of such partnership. At the end of such five year period, the Commissioner may request that such pilot program be made permanent.
“(d) Coordination.—
“(1)In general.—
The Commissioner, in consultation with participating private sector and government entities in a partnership under subsection (a), shall provide the Administrator with information relating to U.S. Customs and Border Protection’s requirements for new facilities or upgrades to existing facilities at land ports of entry.
“(2)Criteria.—The Commissioner and the Administrator shall establish criteria for entering into a partnership under subsection (a) that include the following:
“(A)
Selection and evaluation of potential partners.
“(B)
Identification and documentation of roles and responsibilities between U.S. Customs and Border Protection, General Services Administration, and private and government partners.
“(C)
Identification, allocation, and management of explicit and implicit risks of partnering between U.S. Customs and Border Protection, General Services Administration, and private and government partners.
“(D)
Decision-making and dispute resolution processes in partnering arrangements.
“(E)
Criteria and processes for U.S. Customs and Border Protection and General Services Administration to terminate agreements if private or government partners are not meeting the terms of such a partnership, including the security standards established by U.S. Customs and Border Protection.
“(3)Evaluation plan.—The Commissioner, in collaboration with the Administrator, shall submit to the Committee on Homeland Security, the Committee on Transportation and Infrastructure, and the Committee on Appropriations of the House of Representatives and the Committee on Homeland Security and Governmental Affairs, the Committee on Environment and Public Works, and the Committee on Appropriations of the Senate, an evaluation plan for the pilot program described in subsection (a) that includes the following:
“(A)
Well-defined, clear, and measurable objectives.
“(B)
Performance criteria or standards for determining the performance of such pilot program.
“(C) Clearly articulated evaluation methodology, including—
“(i)
sound sampling methods;
“(ii)
a determination of appropriate sample size for the evaluation design;
“(iii)
a strategy for tracking such pilot program’s performance; and
“(iv)
an evaluation of the final results.
“(D)
A plan detailing the type and source of data necessary to evaluate such pilot program, methods for data collection, and the timing and frequency of data collection.
“(e) Authority to Enter Into Agreements for the Provision of Certain Services at Ports of Entry.—
“(1)In general.—Notwithstanding section 13031(e) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(e)) and section 451 of the Tariff Act of 1930 (19 U.S.C. 1451), the Commissioner may, during the pilot program described in subsection (a) and upon the request of a private sector or government entity with which U.S. Customs and Border Protection has entered into a partnership, enter into a reimbursable fee agreement with such entity under which—
“(A)
U.S. Customs and Border Protection will provide services described in paragraph (2) at a port of entry;
“(B)
such entity will pay a fee imposed under paragraph (4) to reimburse U.S. Customs and Border Protection for the costs incurred in providing such services; and
“(C)
each facility at which U.S. Customs and Border Protection services are performed shall be provided, maintained, and equipped by such entity, without cost to the Federal Government, in accordance with U.S. Customs and Border Protection specifications.
“(2)Services described.—
Services described in this paragraph are any activities of any employee or contractor of U.S. Customs and Border Protection pertaining to customs, agricultural processing, border security, and immigration inspection-related matters at ports of entry.
“(3) Limitations.—
“(A)Impacts of services.—
The Commissioner may not enter into a reimbursable fee agreement under this subsection if such agreement would unduly and permanently impact services funded in this or any other appropriations Act, or provided from any account in the Treasury of the United States derived by the collection of fees.
“(B)For certain costs.—
The authority found in this subsection may not be used at U.S. Customs and Border Protection-serviced air ports of entry to enter into reimbursable fee agreements for costs other than payment of overtime and the salaries, training and benefits of individuals employed by U.S. Customs and Border Protection to support U.S. Customs and Border Protection officers in performing law enforcement functions at ports of entry, including primary and secondary processing of passengers.
“(C)
The authority found in this subsection may not be used to enter into new preclearance agreements or begin to provide U.S. Customs and Border Protection services outside of the United States.
“(D)
The authority found in this subsection shall be limited with respect to U.S. Customs and Border Protection-serviced air ports of entry to 10 pilots per year.
“(4) Fee.—
“(A)In general.—
The amount of the fee to be charged pursuant to an agreement authorized under paragraph (1) shall be paid by each private sector and government entity requesting U.S. Customs and Border Protection services, and shall include the salaries and expenses of individuals employed by U.S. Customs and Border Protection to provide such services and other costs incurred by U.S. Customs and Border Protection relating to such services, such as temporary placement or permanent relocation of such individuals.
“(B)Oversight of fees.—The Commissioner shall develop a process to oversee the activities reimbursed by the fees charged pursuant to an agreement authorized under paragraph (1) that includes the following:
“(i)
A determination and report on the full costs of providing services, including direct and indirect costs, including a process for increasing such fees as necessary.
“(ii)
Establishment of a monthly remittance schedule to reimburse appropriations.
“(iii)
Identification of overtime costs to be reimbursed by such fees.
“(5)Deposit of funds.—
Funds collected pursuant to any agreement entered into under paragraph (1) shall be deposited as offsetting collections and remain available until expended, without fiscal year limitation, and shall directly reimburse each appropriation for the amount paid out of that appropriation for any expenses incurred by U.S. Customs and Border Protection in providing U.S. Customs and Border Protection services and any other costs incurred by U.S. Customs and Border Protection relating to such services.
“(6)Termination.—
The Commissioner shall terminate the provision of services pursuant to an agreement entered into under paragraph (1) with a private sector or government entity that, after receiving notice from the Commissioner that a fee imposed under paragraph (4) is due, fails to pay such fee in a timely manner. In the event of such termination, all costs incurred by U.S. Customs and Border Protection, which have not been reimbursed, will become immediately due and payable. Interest on unpaid fees will accrue based on current Treasury borrowing rates. Additionally, any private sector or government entity that, after notice and demand for payment of any fee charged under paragraph (4), fails to pay such fee in a timely manner shall be liable for a penalty or liquidated damage equal to two times the amount of such fee. Any amount collected pursuant to any agreement entered into under paragraph (1) shall be deposited into the account specified under paragraph (5) and shall be available as described therein.
“(7)Notification.—
The Commissioner shall notify the Congress 15 days prior to entering into any agreement under paragraph (1) and shall provide a copy of such agreement.
“(f) Donations.—
“(1)In general.—
Subject to paragraph (2), the Commissioner and the Administrator may, during the pilot program described in subsection (a), accept a donation of real or personal property (including monetary donations) or nonpersonal services from any private sector or government entity with which U.S. Customs and Border Protection has entered into a partnership.
“(2)Allowable uses of donations.—The Commissioner and the Administrator, with respect to any donation provided pursuant to paragraph (1), may—
“(A) use such donation for necessary activities related to the construction, alteration, operation, or maintenance of an existing port of entry facility under the jurisdiction, custody, and control of the Commissioner, including expenses related to—
“(i)
land acquisition, design, construction, repair and alteration;
“(ii)
furniture, fixtures, and equipment;
“(iii)
the deployment of technology and equipment; and
“(iv)
operations and maintenance; or
“(B)
transfer such property or services to the Administrator for necessary activities described in subparagraph (A) related to a new or existing port of entry under the jurisdiction, custody, and control of the Administrator, subject to chapter 33 of title 40, United States Code. Such transfer shall not be required for personal property, including furniture, fixtures, and equipment.
“(3) Consultation and budget.—
“(A)With the private sector or government entity.—To accept a donation described in paragraph (1), the Commissioner and the Administrator shall—
“(i)
consult with the appropriate stakeholders and the private sector or government entity that is providing the donation and provide such entity with a description of the intended use of such donation; and
“(ii) submit to the Committee on Appropriations, the Committee on Homeland Security, and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Appropriations, the Committee on Homeland Security and Governmental Affairs, and the Committee on Environment and Public Works of the Senate a report not later than one year after the date of enactment of this Act [Jan. 17, 2014], and annually thereafter, that describes—
     “(I)
the accepted donations received under this subsection;
     “(II)
the ports of entry that received such donations; and
     “(III)
how each donation helped facilitate the construction, alternation [sic], operation, or maintenance of a new or existing land port of entry.
“(B)Savings provision.—Nothing in this paragraph may be construed to—
“(i)
create any right or liability of the parties referred to in subparagraph (A); or
“(ii)
affect any consultation requirement under any other law.
“(4)Evaluation procedures.—
Not later than 180 days after the date of the enactment of this Act, the Commissioner, in consultation with the Administrator, shall establish procedures for evaluating a proposal submitted by a private sector or government entity to make a donation of real or personal property (including monetary donations) or nonpersonal services under paragraph (1) relating to a port of entry under the jurisdiction, custody and control of the Commissioner or the Administrator and make any such evaluation criteria publicly available.
“(5)Considerations.—In determining whether or not to approve a proposal referred to in paragraph (4), the Commissioner or the Administrator shall consider—
“(A)
the impact of such proposal on the port of entry at issue and other ports of entry on the same border;
“(B)
the potential of such proposal to increase trade and travel efficiency through added capacity;
“(C)
the potential of such proposal to enhance the security of the port of entry at issue;
“(D)
the funding available to complete the intended use of a donation under this subsection, if such donation is real property;
“(E)
the costs of maintaining and operating such donation;
“(F)
whether such donation, if real property, satisfies the requirements of such proposal, or whether additional real property would be required;
“(G)
an explanation of how such donation, if real property, was secured, including if eminent domain was used;
“(H)
the impact of such proposal on staffing requirements; and
“(I)
other factors that the Commissioner or Administrator determines to be relevant.
“(6)Unconditional monetary donations.—A monetary donation shall be made unconditionally, although the donor may specify—
“(A)
the port of entry facility or facilities to be benefitted from such donation; and
“(B)
the timeframe during which such donation shall be used.
“(7)Supplemental funding.—
Real or personal property (including monetary donations) or nonpersonal services donated pursuant to paragraph (1) may be used in addition to any other funding (including appropriated funds), property, or services made available for the same purpose.
“(8)Return of donations.—
If the Commissioner or the Administrator does not use the real property or monetary donation donated pursuant to paragraph (1) for the specific port of entry facility or facilities designated by the donor or within the timeframe specified by the donor, such donated real property or money may be returned to the donor. No interest shall be owed to the donor with respect to any donation of funding provided under such paragraph (1) that is returned pursuant to this paragraph.
“(9)Savings provision.—
Nothing in this subsection may be construed to affect or alter the existing authority of the Commissioner or the Administrator to construct, alter, operate, and maintain port of entry facilities.
“(g)Annual Reports.—
The Commissioner, in collaboration with the Administrator, shall annually submit to the Committee on Homeland Security and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Environment and Public Works of the Senate a report on the pilot program and activities undertaken pursuant thereto in accordance with this Act [div. F of Pub. L. 113–76, see Tables for classification].
“(h)Definitions.—In this section—
“(1)
the term ‘private sector entity’ means any corporation, partnership, trust, association, or any other private entity, or any officer, employee, or agent thereof;
“(2)
the term ‘Commissioner’ means the Commissioner of U.S. Customs and Border Protection; and
“(3)
the term ‘Administrator’ means the Administrator of General Services.
“(i)Role of General Services Administration.—
Under this section, collaboration with the Administrator of General Services is required only with respect to partnerships at land ports of entry.”

[Pub. L. 114–113, div. F, title V, § 550, Dec. 18, 2015, 129 Stat. 2519, which directed amendment of section 559(e)(3)(D) of Pub. L. 113–76 by striking “five pilots per year” and inserting “10 pilots per year”, was executed by making the substitution in section 559(e)(3)(D) of div. F of Pub. L. 113–76, set out above, to reflect the probable intent of Congress.]

[Pub. L. 114–4, title V, § 552(a)(2), Mar. 4, 2015, 129 Stat. 71, which directed amendment of subsec. “(e)(3)(b)” of section 559 of div. F of Pub. L. 113–76 by inserting “and the salaries, training and benefits of individuals employed by U.S. Customs and Border Protection to support U.S. Customs and Border Protection officers in performing law enforcement functions at ports of entry, including primary and secondary processing of passengers” after “payment of overtime”, was executed by making the insertion in subsec. (e)(3)(B) of section 559 of div. F of Pub. L. 113–76, set out above, to reflect the probable intent of Congress.]

Reducing Passenger Processing Times

Pub. L. 113–76, div. F, title V, § 571, Jan. 17, 2014, 128 Stat. 287, provided that:

“(a)
The Commissioner of U.S. Customs and Border Protection shall develop metrics that support a goal of reducing passenger processing times at air, land, and sea ports of entry, taking into consideration the capacity of an air or land port’s physical infrastructure, airline arrival schedules, peak processing periods, and security requirements.
“(b)
Not later than 240 days after the date of enactment of this Act [Jan. 17, 2014], the Commissioner of U.S. Customs and Border Protection shall develop and implement operational work plans to meet the goals of subsection (a) at United States air, land, and sea ports with the highest passenger volume and longest wait times. In developing such plans, the Commissioner of U.S. Customs and Border Protection shall consult with appropriate stakeholders, including, but not limited to, airlines and airport operators, port authorities, and importers.”

 

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