[House Report 115-774] [From the U.S. Government Publishing Office] 115th Congress } { Report HOUSE OF REPRESENTATIVES 2d Session } { 115-774 ====================================================================== IMMIGRATION ADVISORY PROGRAM AUTHORIZATION ACT OF 2018 _______ June 21, 2018.--Committed to the Committee of the Whole House on the State of the Union and ordered to be printed _______ Mr. McCaul, from the Committee on Homeland Security, submitted the following R E P O R T [To accompany H.R. 5207] The Committee on Homeland Security, to whom was referred the bill (H.R. 5207) to amend the Homeland Security Act of 2002 to establish the immigration advisory program, and for other purposes, having considered the same, report favorably thereon with an amendment and recommend that the bill as amended do pass. CONTENTS Page Purpose and Summary.............................................. 3 Background and Need for Legislation.............................. 3 Hearings......................................................... 3 Committee Consideration.......................................... 3 Committee Votes.................................................. 3 Committee Oversight Findings..................................... 3 New Budget Authority, Entitlement Authority, and Tax Expenditures 4 Congressional Budget Office Estimate............................. 4 Statement of General Performance Goals and Objectives............ 4 Duplicative Federal Programs..................................... 4 Congressional Earmarks, Limited Tax Benefits, and Limited Tariff Benefits....................................................... 4 Federal Mandates Statement....................................... 4 Preemption Clarification......................................... 4 Disclosure of Directed Rule Makings.............................. 5 Advisory Committee Statement..................................... 5 Applicability to Legislative Branch.............................. 5 Section-by-Section Analysis of the Legislation................... 5 Changes in Existing Law Made by the Bill, as Reported............ 6 The amendment is as follows: Strike all after the enacting clause and insert the following: SECTION 1. SHORT TITLE. This Act may be cited as the ``Immigration Advisory Program Authorization Act of 2018'' or the ``IAP Authorization Act of 2018''. SEC. 2. AUTHORIZATION OF THE IMMIGRATION ADVISORY PROGRAM. (a) In General.--Subtitle B of title IV of the Homeland Security Act of 2002 (6 U.S.C. 211 et seq.) is amended by adding at the end the following new section: ``SEC. 420. IMMIGRATION ADVISORY PROGRAM. ``(a) In General.--There is authorized within U.S. Customs and Border Protection an immigration advisory program (in this section referred to as the `program') for U.S. Customs and Border Protection officers, pursuant to an agreement with a host country, to assist air carriers and security employees at foreign airports with review of traveler information during the processing of flights bound for the United States. ``(b) Activities.--In carrying out the program, U.S. Customs and Border Protection officers may-- ``(1) be present during processing of flights bound for the United States; ``(2) assist air carriers and security employees with document examination and traveler security assessments; ``(3) provide relevant training to air carriers, security employees, and host-country authorities; ``(4) analyze electronic passenger information and passenger reservation data to identify potential threats; ``(5) engage air carriers and travelers to confirm potential terrorist watchlist matches; ``(6) make recommendations to air carriers to deny potentially inadmissable passengers boarding flights bound for the United States; and ``(7) conduct other activities to secure flights bound for the United States, as directed by the Commissioner of U.S. Customs and Border Protection. ``(c) Notification to Congress.--Not later than 60 days before an agreement with the government of a host country pursuant to the program described in this section enters into force, the Commissioner of U.S. Customs and Border Protection shall provide the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate with-- ``(1) a copy of such agreement, which shall include-- ``(A) the identification of the host country with which U.S. Customs and Border Protection intends to enter into such agreement; ``(B) the location at which activities described in subsection (b) will be conducted pursuant to such agreement; and ``(C) the terms and conditions for U.S. Customs and Border Protection personnel operating at such location; ``(2) country-specific information on the anticipated homeland security benefits associated with such agreement; ``(3) an assessment of the impacts such agreement will have on U.S. Customs and Border Protection domestic port of entry staffing; ``(4) information on the anticipated costs over the five fiscal years after such agreement enters into force associated with carrying out such agreement; ``(5) details on information sharing mechanisms to ensure that U.S. Customs and Border Protection has current information to prevent terrorist and criminal travel; and ``(6) other factors that the Commissioner determines necessary for Congress to comprehensively assess the appropriateness of carrying out the program. ``(d) Amendment of Existing Agreements.--Not later than 30 days before a substantially amended program agreement with the government of a host country in effect as of the date of the enactment of this section enters into force, the Commissioner of U.S. Customs and Border Protection shall provide to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate-- ``(1) a copy of such agreement, as amended; and ``(2) the justification for such amendment. ``(e) Definitions.--In this section, the terms `air carrier' and `foreign air carrier' have the meanings given such terms in section 40102 of title 49, United States Code.''. (b) Conforming Amendment.--Subsection (c) of section 411 of the Homeland Security Act of 2002 (6 U.S.C. 211) is amended-- (1) in paragraph (18), by striking ``and'' after the semicolon at the end; (2) by redesignating paragraph (19) as paragraph (20); and (3) by inserting after paragraph (18) the following new paragraph: ``(19) carry out section 419, relating to the immigration advisory program; and''. (c) Clerical Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 419 the following new item: ``Sec. 420. Immigration advisory program.''. Purpose and Summary H.R. 5207, authorizes the Immigration Advisory Program (IAP) within U.S. Customs and Border Protection (CBP). The IAP sends CBP Officers to last point of departure airports to assist air carriers and security employees to prevent security risks from boarding aircraft. Background and Need for Legislation The IAP is part of CBP's multi-layered security strategy to push out our borders by partnering with allied foreign governments across the world. The IAP program deploys CBP Officers to major last point of departure airports with the goal of recommending that airlines do not board foreign nationals that will be deemed inadmissible upon arrival to the United States. This important national security program is not currently authorized by statute, though it is vital to enhancing security at last points of departure to the United States, especially to those with significant Terrorist Screening Database (TSDB) hits. Hearings No hearings were held on H.R. 5207 in the 115th Congress. Committee Consideration The Committee met on June 6, 2018, to consider H.R. 5207, and ordered the measure to be reported to the House with a favorable recommendation, as amended, by unanimous consent. The Committee took the following actions: The following amendment was offered: An amendment offered by Mr. Thompson of Mississippi (#1); was AGREED TO by unanimous consent. Page 3, beginning line 10, insert the following (and make necessary conforming changes): A new paragraph entitled ``(c) Notification to Congress.'' A new paragraph entitled ``(d) Amendment of Existing Agreements.'' Committee Votes Clause 3(b) of Rule XIII of the Rules of the House of Representatives requires the Committee to list the recorded votes on the motion to report legislation and amendments thereto. No recorded votes were requested during consideration of H.R.5207. Committee Oversight Findings Pursuant to clause 3(c)(1) of Rule XIII of the Rules of the House of Representatives, the Committee has held oversight hearings and made findings that are reflected in this report. New Budget Authority, Entitlement Authority, and Tax Expenditures In compliance with clause 3(c)(2) of Rule XIII of the Rules of the House of Representatives, the Committee finds that H.R. 5207, the Immigration Advisory Program Authorization Act of 2018, would result in no new or increased budget authority, entitlement authority, or tax expenditures or revenues. Congressional Budget Office Estimate Pursuant to clause 3(c)(3) of Rule XIII of the Rules of the House of Representatives, a cost estimate provided by the Congressional Budget Office pursuant to section 402 of the Congressional Budget Act of 1974 was not made available to the Committee in time for the filing of this report. The Chairman of the Committee shall cause such estimate to be printed in the Congressional Record upon its receipt by the Committee. Statement of General Performance Goals and Objectives Pursuant to clause 3(c)(4) of Rule XIII of the Rules of the House of Representatives, H.R. 5207 contains the following general performance goals and objectives, including outcome related goals and objectives authorized. The general performance goal or objective of H.R. 5207 is to codify the Immigration Advisory Program (IAP) within U.S. Customs and Border Protection (CBP). Duplicative Federal Programs Pursuant to clause 3(c) of Rule XIII, the Committee finds that H.R. 4911 does not contain any provision that establishes or reauthorizes a program known to be duplicative of another Federal program. Congressional Earmarks, Limited Tax Benefits, and Limited Tariff Benefits In compliance with Rule XXI of the Rules of the House of Representatives, this bill, as reported, contains no congressional earmarks, limited tax benefits, or limited tariff benefits as defined in clause 9(e), 9(f), or 9(g) of the Rule XXI. Federal Mandates Statement An estimate of Federal mandates prepared by the Director of the Congressional Budget Office pursuant to section 423 of the Unfunded Mandates Reform Act was not made available to the Committee in time for the filing of this report. The Chairman of the Committee shall cause such estimate to be printed in the Congressional Record upon its receipt by the Committee. Preemption Clarification In compliance with section 423 of the Congressional Budget Act of 1974, requiring the report of any Committee on a bill or joint resolution to include a statement on the extent to which the bill or joint resolution is intended to preempt State, local, or Tribal law, the Committee finds that H.R. 5207 does not preempt any State, local, or Tribal law. Disclosure of Directed Rule Makings The Committee estimates that H.R. 5207 would require no directed rule makings. Advisory Committee Statement No advisory committees within the meaning of section 5(b) of the Federal Advisory Committee Act were created by this legislation. Applicability to Legislative Branch The Committee finds that the legislation does not relate to the terms and conditions of employment or access to public services or accommodations within the meaning of section 102(b)(3) of the Congressional Accountability Act. Section-by-Section Analysis of the Legislation Section 1. Short Title. This section provides that this bill may be cited as the ``Immigration Advisory Program Authorization Act of 2018'' or the ``IAP Authorization Act of 2018''. Sec. 2. Authorization of the Immigration Advisory Program. This section authorizes the Immigration Advisory Program (IAP) within the U.S. Customs and Border Protection (CBP). The IAP sends CBP Officers to assist air carriers and security employees at foreign airports, pursuant to an agreement with a host country to enhance security of the homeland. Under the IAP, these CBP Officers have authority to (1) be present during the processing of flights bound for the United States; (2) assist air carriers and security employees with document examination and traveler security assessments; (3) provide training to air carrier and host-country authority staff; (4) analyze electronic passenger information and passenger reservation data to identify potential threats; (5) engage air carriers and travelers to confirm potential terrorist watchlist matches; (6) make recommendations to air carriers to deny potentially inadmissible passengers boarding flights bound for the United States; and (7) conduct other activities to secure flights bound for the United States, as directed by the CBP Commissioner. IAP operations provide a significant homeland security benefit, especially after the terror attacks of September 11, 2001. The Committee continues to support Federal efforts to ``push our borders out'' to detect and deter threats before they reach our shores. This section also requires that CBP notify and provide a justification to Congress for each new IAP location before an agreement with the host country is formally made or significantly amended. The Committee views this as an additional layer of transparency and expects the notification to provide detailed analysis as to the Department's decision making process. Changes in Existing Law Made by the Bill, as Reported In compliance with clause 3(e) of rule XIII of the Rules of the House of Representatives, changes in existing law made by the bill, as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, and existing law in which no change is proposed is shown in roman): HOMELAND SECURITY ACT OF 2002 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Homeland Security Act of 2002''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. * * * * * * * TITLE IV--BORDER, MARITIME, AND TRANSPORTATION SECURITY * * * * * * * Subtitle B--U.S. Customs and Border Protection * * * * * * * Sec. 420. Immigration advisory program. * * * * * * * TITLE IV--BORDER, MARITIME, AND TRANSPORTATION SECURITY * * * * * * * Subtitle B--U.S. Customs and Border Protection SEC. 411. ESTABLISHMENT OF U.S. CUSTOMS AND BORDER PROTECTION; COMMISSIONER, DEPUTY COMMISSIONER, AND OPERATIONAL OFFICES. (a) In General.--There is established in the Department an agency to be known as U.S. Customs and Border Protection. (b) Commissioner of U.S. Customs and Border Protection.-- (1) In general.--There shall be at the head of U.S. Customs and Border Protection a Commissioner of U.S. Customs and Border Protection (in this section referred to as the ``Commissioner''). (2) Committee referral.--As an exercise of the rulemaking power of the Senate, any nomination for the Commissioner submitted to the Senate for confirmation, and referred to a committee, shall be referred to the Committee on Finance. (c) Duties.--The Commissioner shall-- (1) coordinate and integrate the security, trade facilitation, and trade enforcement functions of U.S. Customs and Border Protection; (2) ensure the interdiction of persons and goods illegally entering or exiting the United States; (3) facilitate and expedite the flow of legitimate travelers and trade; (4) direct and administer the commercial operations of U.S. Customs and Border Protection, and the enforcement of the customs and trade laws of the United States; (5) detect, respond to, and interdict terrorists, drug smugglers and traffickers, human smugglers and traffickers, and other persons who may undermine the security of the United States, in cases in which such persons are entering, or have recently entered, the United States; (6) safeguard the borders of the United States to protect against the entry of dangerous goods; (7) ensure the overall economic security of the United States is not diminished by efforts, activities, and programs aimed at securing the homeland; (8) in coordination with U.S. Immigration and Customs Enforcement and United States Citizenship and Immigration Services, enforce and administer all immigration laws, as such term is defined in paragraph (17) of section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)), including-- (A) the inspection, processing, and admission of persons who seek to enter or depart the United States; and (B) the detection, interdiction, removal, departure from the United States, short-term detention, and transfer of persons unlawfully entering, or who have recently unlawfully entered, the United States; (9) develop and implement screening and targeting capabilities, including the screening, reviewing, identifying, and prioritizing of passengers and cargo across all international modes of transportation, both inbound and outbound; (10) in coordination with the Secretary, deploy technology to collect the data necessary for the Secretary to administer the biometric entry and exit data system pursuant to section 7208 of the Intelligence Reform and Terrorism Prevention Act of 2004 (8 U.S.C. 1365b); (11) enforce and administer the laws relating to agricultural import and entry inspection referred to in section 421; (12) in coordination with the Under Secretary for Management of the Department, ensure U.S. Customs and Border Protection complies with Federal law, the Federal Acquisition Regulation, and the Department's acquisition management directives for major acquisition programs of U.S. Customs and Border Protection; (13) ensure that the policies and regulations of U.S. Customs and Border Protection are consistent with the obligations of the United States pursuant to international agreements; (14) enforce and administer-- (A) the Container Security Initiative program under section 205 of the Security and Accountability for Every Port Act of 2006 (6 U.S.C. 945); and (B) the Customs-Trade Partnership Against Terrorism program under subtitle B of title II of such Act (6 U.S.C. 961 et seq.); (15) conduct polygraph examinations in accordance with section 3(1) of the Anti-Border Corruption Act of 2010 (Public Law 111-376; 124 Stat. 4105); (16) establish the standard operating procedures described in subsection (k); (17) carry out the training required under subsection (l); (18) carry out section 418, relating to the issuance of Asia-Pacific Economic Cooperation Business Travel Cards; [and] (19) carry out section 420, relating to the immigration advisory program; and [(19)] (20) carry out other duties and powers prescribed by law or delegated by the Secretary. (d) Deputy Commissioner.--There shall be in U.S. Customs and Border Protection a Deputy Commissioner who shall assist the Commissioner in the management of U.S. Customs and Border Protection. (e) U.S. Border Patrol.-- (1) In general.--There is established in U.S. Customs and Border Protection the U.S. Border Patrol. (2) Chief.--There shall be at the head of the U.S. Border Patrol a Chief, who shall-- (A) be at the level of Executive Assistant Commissioner within U.S. Customs and Border Protection; and (B) report to the Commissioner. (3) Duties.--The U.S. Border Patrol shall-- (A) serve as the law enforcement office of U.S. Customs and Border Protection with primary responsibility for interdicting persons attempting to illegally enter or exit the United States or goods being illegally imported into or exported from the United States at a place other than a designated port of entry; (B) deter and prevent the illegal entry of terrorists, terrorist weapons, persons, and contraband; and (C) carry out other duties and powers prescribed by the Commissioner. (f) Air and Marine Operations.-- (1) In general.--There is established in U.S. Customs and Border Protection an office known as Air and Marine Operations. (2) Executive assistant commissioner.--There shall be at the head of Air and Marine Operations an Executive Assistant Commissioner, who shall report to the Commissioner. (3) Duties.--Air and Marine Operations shall-- (A) serve as the law enforcement office within U.S. Customs and Border Protection with primary responsibility to detect, interdict, and prevent acts of terrorism and the unlawful movement of people, illicit drugs, and other contraband across the borders of the United States in the air and maritime environment; (B) conduct joint aviation and marine operations with U.S. Immigration and Customs Enforcement; (C) conduct aviation and marine operations with international, Federal, State, and local law enforcement agencies, as appropriate; (D) administer the Air and Marine Operations Center established under paragraph (4); and (E) carry out other duties and powers prescribed by the Commissioner. (4) Air and marine operations center.-- (A) In general.--There is established in Air and Marine Operations an Air and Marine Operations Center. (B) Executive director.--There shall be at the head of the Air and Marine Operations Center an Executive Director, who shall report to the Executive Assistant Commissioner of Air and Marine Operations. (C) Duties.--The Air and Marine Operations Center shall-- (i) manage the air and maritime domain awareness of the Department, as directed by the Secretary; (ii) monitor and coordinate the airspace for unmanned aerial systems operations of Air and Marine Operations in U.S. Customs and Border Protection; (iii) detect, identify, and coordinate a response to threats to national security in the air domain, in coordination with other appropriate agencies, as determined by the Executive Assistant Commissioner; (iv) provide aviation and marine support to other Federal, State, tribal, and local agencies; and (v) carry out other duties and powers prescribed by the Executive Assistant Commissioner. (g) Office of Field Operations.-- (1) In general.--There is established in U.S. Customs and Border Protection an Office of Field Operations. (2) Executive assistant commissioner.--There shall be at the head of the Office of Field Operations an Executive Assistant Commissioner, who shall report to the Commissioner. (3) Duties.--The Office of Field Operations shall coordinate the enforcement activities of U.S. Customs and Border Protection at United States air, land, and sea ports of entry to-- (A) deter and prevent terrorists and terrorist weapons from entering the United States at such ports of entry; (B) conduct inspections at such ports of entry to safeguard the United States from terrorism and illegal entry of persons; (C) prevent illicit drugs, agricultural pests, and contraband from entering the United States; (D) in coordination with the Commissioner, facilitate and expedite the flow of legitimate travelers and trade; (E) administer the National Targeting Center established under paragraph (4); (F) coordinate with the Executive Assistant Commissioner for the Office of Trade with respect to the trade facilitation and trade enforcement activities of U.S. Customs and Border Protection; and (G) carry out other duties and powers prescribed by the Commissioner. (4) National targeting center.-- (A) In general.--There is established in the Office of Field Operations a National Targeting Center. (B) Executive director.--There shall be at the head of the National Targeting Center an Executive Director, who shall report to the Executive Assistant Commissioner of the Office of Field Operations. (C) Duties.--The National Targeting Center shall-- (i) serve as the primary forum for targeting operations within U.S. Customs and Border Protection to collect and analyze traveler and cargo information in advance of arrival in the United States to identify and address security risks and strengthen trade enforcement; (ii) identify, review, and target travelers and cargo for examination; (iii) coordinate the examination of entry and exit of travelers and cargo; (iv) develop and conduct commercial risk assessment targeting with respect to cargo destined for the United States; (v) coordinate with the Transportation Security Administration, as appropriate; (vi) issue Trade Alerts pursuant to section 111(b) of the Trade Facilitation and Trade Enforcement Act of 2015; and (vii) carry out other duties and powers prescribed by the Executive Assistant Commissioner. (5) Annual report on staffing.-- (A) In general.--Not later than 30 days after the date of the enactment of the Trade Facilitation and Trade Enforcement Act of 2015, and annually thereafter, the Executive Assistant Commissioner shall submit to the Committee on Homeland Security and the Committee on Ways and Means of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Finance of the Senate a report on the staffing model for the Office of Field Operations, including information on how many supervisors, front-line U.S. Customs and Border Protection officers, and support personnel are assigned to each Field Office and port of entry. (B) Form.--The report required under subparagraph (A) shall, to the greatest extent practicable, be submitted in unclassified form, but may be submitted in classified form, if the Executive Assistant Commissioner determines that such is appropriate and informs the Committee on Homeland Security and the Committee on Ways and Means of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Finance of the Senate of the reasoning for such. (h) Office of Intelligence.-- (1) In general.--There is established in U.S. Customs and Border Protection an Office of Intelligence. (2) Assistant commissioner.--There shall be at the head of the Office of Intelligence an Assistant Commissioner, who shall report to the Commissioner. (3) Duties.--The Office of Intelligence shall-- (A) develop, provide, coordinate, and implement intelligence capabilities into a cohesive intelligence enterprise to support the execution of the duties and responsibilities of U.S. Customs and Border Protection; (B) manage the counterintelligence operations of U.S. Customs and Border Protection; (C) establish, in coordination with the Chief Intelligence Officer of the Department, as appropriate, intelligence-sharing relationships with Federal, State, local, and tribal agencies and intelligence agencies; (D) conduct risk-based covert testing of U.S. Customs and Border Protection operations, including for nuclear and radiological risks; and (E) carry out other duties and powers prescribed by the Commissioner. (i) Office of International Affairs.-- (1) In general.--There is established in U.S. Customs and Border Protection an Office of International Affairs. (2) Assistant commissioner.--There shall be at the head of the Office of International Affairs an Assistant Commissioner, who shall report to the Commissioner. (3) Duties.--The Office of International Affairs, in collaboration with the Office of Policy of the Department, shall-- (A) coordinate and support U.S. Customs and Border Protection's foreign initiatives, policies, programs, and activities; (B) coordinate and support U.S. Customs and Border Protection's personnel stationed abroad; (C) maintain partnerships and information- sharing agreements and arrangements with foreign governments, international organizations, and United States agencies in support of U.S. Customs and Border Protection's duties and responsibilities; (D) provide necessary capacity building, training, and assistance to foreign customs and border control agencies to strengthen border, global supply chain, and travel security, as appropriate; (E) coordinate mission support services to sustain U.S. Customs and Border Protection's global activities; (F) coordinate with customs authorities of foreign countries with respect to trade facilitation and trade enforcement; (G) coordinate U.S. Customs and Border Protection's engagement in international negotiations; (H) advise the Commissioner with respect to matters arising in the World Customs Organization and other international organizations as such matters relate to the policies and procedures of U.S. Customs and Border Protection; (I) advise the Commissioner regarding international agreements to which the United States is a party as such agreements relate to the policies and regulations of U.S. Customs and Border Protection; and (J) carry out other duties and powers prescribed by the Commissioner. (j) Office of Professional Responsibility.-- (1) In general.--There is established in U.S. Customs and Border Protection an Office of Professional Responsibility. (2) Assistant commissioner.--There shall be at the head of the Office of Professional Responsibility an Assistant Commissioner, who shall report to the Commissioner. (3) Duties.--The Office of Professional Responsibility shall-- (A) investigate criminal and administrative matters and misconduct by officers, agents, and other employees of U.S. Customs and Border Protection; (B) manage integrity-related programs and policies of U.S. Customs and Border Protection; (C) conduct research and analysis regarding misconduct of officers, agents, and other employees of U.S. Customs and Border Protection; and (D) carry out other duties and powers prescribed by the Commissioner. (k) Standard Operating Procedures.-- (1) In general.--The Commissioner shall establish-- (A) standard operating procedures for searching, reviewing, retaining, and sharing information contained in communication, electronic, or digital devices encountered by U.S. Customs and Border Protection personnel at United States ports of entry; (B) standard use of force procedures that officers and agents of U.S. Customs and Border Protection may employ in the execution of their duties, including the use of deadly force; (C) uniform, standardized, and publicly- available procedures for processing and investigating complaints against officers, agents, and employees of U.S. Customs and Border Protection for violations of professional conduct, including the timely disposition of complaints and a written notification to the complainant of the status or outcome, as appropriate, of the related investigation, in accordance with section 552a of title 5, United States Code (commonly referred to as the ``Privacy Act'' or the ``Privacy Act of 1974''); (D) an internal, uniform reporting mechanism regarding incidents involving the use of deadly force by an officer or agent of U.S. Customs and Border Protection, including an evaluation of the degree to which the procedures required under subparagraph (B) were followed; and (E) standard operating procedures, acting through the Executive Assistant Commissioner for Air and Marine Operations and in coordination with the Office for Civil Rights and Civil Liberties and the Office of Privacy of the Department, to provide command, control, communication, surveillance, and reconnaissance assistance through the use of unmanned aerial systems, including the establishment of-- (i) a process for other Federal, State, and local law enforcement agencies to submit mission requests; (ii) a formal procedure to determine whether to approve or deny such a mission request; (iii) a formal procedure to determine how such mission requests are prioritized and coordinated; and (iv) a process regarding the protection and privacy of data and images collected by U.S. Customs and Border Protection through the use of unmanned aerial systems. (2) Requirements regarding certain notifications.-- The standard operating procedures established pursuant to subparagraph (A) of paragraph (1) shall require-- (A) in the case of a search of information conducted on an electronic device by U.S. Customs and Border Protection personnel, the Commissioner to notify the individual subject to such search of the purpose and authority for such search, and how such individual may obtain information on reporting concerns about such search; and (B) in the case of information collected by U.S. Customs and Border Protection through a search of an electronic device, if such information is transmitted to another Federal agency for subject matter assistance, translation, or decryption, the Commissioner to notify the individual subject to such search of such transmission. (3) Exceptions.--The Commissioner may withhold the notifications required under paragraphs (1)(C) and (2) if the Commissioner determines, in the sole and unreviewable discretion of the Commissioner, that such notifications would impair national security, law enforcement, or other operational interests. (4) Update and review.--The Commissioner shall review and update every three years the standard operating procedures required under this subsection. (5) Audits.--The Inspector General of the Department of Homeland Security shall develop and annually administer, during each of the three calendar years beginning in the calendar year that begins after the date of the enactment of the Trade Facilitation and Trade Enforcement Act of 2015, an auditing mechanism to review whether searches of electronic devices at or between United States ports of entry are being conducted in conformity with the standard operating procedures required under subparagraph (A) of paragraph (1). Such audits shall be submitted to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate and shall include the following: (A) A description of the activities of officers and agents of U.S. Customs and Border Protection with respect to such searches. (B) The number of such searches. (C) The number of instances in which information contained in such devices that were subjected to such searches was retained, copied, shared, or entered in an electronic database. (D) The number of such devices detained as the result of such searches. (E) The number of instances in which information collected from such devices was subjected to such searches and was transmitted to another Federal agency, including whether such transmissions resulted in a prosecution or conviction. (6) Requirements regarding other notifications.--The standard use of force procedures established pursuant to subparagraph (B) of paragraph (1) shall require-- (A) in the case of an incident of the use of deadly force by U.S. Customs and Border Protection personnel, the Commissioner to notify the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate; and (B) the Commissioner to provide to such committees a copy of the evaluation pursuant to subparagraph (D) of such paragraph not later than 30 days after completion of such evaluation. (7) Report on unmanned aerial systems.--The Commissioner shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate an annual report, for each of the three calendar years beginning in the calendar year that begins after the date of the enactment of the Trade Facilitation and Trade Enforcement Act of 2015, that reviews whether the use of unmanned aerial systems is being conducted in conformity with the standard operating procedures required under subparagraph (E) of paragraph (1). Such reports-- (A) shall be submitted with the annual budget of the United States Government submitted by the President under section 1105 of title 31, United States Code; (B) may be submitted in classified form if the Commissioner determines that such is appropriate; and (C) shall include-- (i) a detailed description of how, where, and for how long data and images collected through the use of unmanned aerial systems by U.S. Customs and Border Protection are collected and stored; and (ii) a list of Federal, State, and local law enforcement agencies that submitted mission requests in the previous year and the disposition of such requests. (l) Training.--The Commissioner shall require all officers and agents of U.S. Customs and Border Protection to participate in a specified amount of continuing education (to be determined by the Commissioner) to maintain an understanding of Federal legal rulings, court decisions, and departmental policies, procedures, and guidelines. (m) Short-term Detention Standards.-- (1) Access to food and water.--The Commissioner shall make every effort to ensure that adequate access to food and water is provided to an individual apprehended and detained at a United States port of entry or between ports of entry as soon as practicable following the time of such apprehension or during subsequent short-term detention. (2) Access to information on detainee rights at border patrol processing centers.-- (A) In general.--The Commissioner shall ensure that an individual apprehended by a U.S. Border Patrol agent or an Office of Field Operations officer is provided with information concerning such individual's rights, including the right to contact a representative of such individual's government for purposes of United States treaty obligations. (B) Form.--The information referred to in subparagraph (A) may be provided either verbally or in writing, and shall be posted in the detention holding cell in which such individual is being held. The information shall be provided in a language understandable to such individual. (3) Short-term detention defined.--In this subsection, the term ``short-term detention'' means detention in a U.S. Customs and Border Protection processing center for 72 hours or less, before repatriation to a country of nationality or last habitual residence. (4) Daytime repatriation.--When practicable, repatriations shall be limited to daylight hours and avoid locations that are determined to have high indices of crime and violence. (5) Report on procurement process and standards.--Not later than 180 days after the date of the enactment of the Trade Facilitation and Trade Enforcement Act of 2015, the Comptroller General of the United States shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the procurement process and standards of entities with which U.S. Customs and Border Protection has contracts for the transportation and detention of individuals apprehended by agents or officers of U.S. Customs and Border Protection. Such report should also consider the operational efficiency of contracting the transportation and detention of such individuals. (6) Report on inspections of short-term custody facilities.--The Commissioner shall-- (A) annually inspect all facilities utilized for short-term detention; and (B) make publicly available information collected pursuant to such inspections, including information regarding the requirements under paragraphs (1) and (2) and, where appropriate, issue recommendations to improve the conditions of such facilities. (n) Wait Times Transparency.-- (1) In general.--The Commissioner shall-- (A) publish live wait times for travelers entering the United States at the 20 United States airports that support the highest volume of international travel (as determined by available Federal flight data); (B) make information about such wait times available to the public in real time through the U.S. Customs and Border Protection website; (C) submit to the Committee on Homeland Security and the Committee on Ways and Means of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Finance of the Senate, for each of the five calendar years beginning in the calendar year that begins after the date of the enactment of the Trade Facilitation and Trade Enforcement Act of 2015, a report that includes compilations of all such wait times and a ranking of such United States airports by wait times; and (D) provide adequate staffing at the U.S. Customs and Border Protection information center to ensure timely access for travelers attempting to submit comments or speak with a representative about their entry experiences. (2) Calculation.--The wait times referred to in paragraph (1)(A) shall be determined by calculating the time elapsed between an individual's entry into the U.S. Customs and Border Protection inspection area and such individual's clearance by a U.S. Customs and Border Protection officer. (o) Other Authorities.-- (1) In general.--The Secretary may establish such other offices or positions of Assistant Commissioners (or other similar officers or officials) as the Secretary determines necessary to carry out the missions, duties, functions, and authorities of U.S. Customs and Border Protection. (2) Notification.--If the Secretary exercises the authority provided under paragraph (1), the Secretary shall notify the Committee on Homeland Security and the Committee on Ways and Means of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Finance of the Senate not later than 30 days before exercising such authority. (p) Reports to Congress.--The Commissioner shall, on and after the date of the enactment of the Trade Facilitation and Trade Enforcement Act of 2015, continue to submit to the Committee on Homeland Security and the Committee on Ways and Means of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Finance of the Senate any report required, on the day before such date of enactment, to be submitted under any provision of law. (q) Other Federal Agencies.--Nothing in this section may be construed as affecting in any manner the authority, existing on the day before the date of the enactment of the Trade Facilitation and Trade Enforcement Act of 2015, of any other Federal agency or component of the Department. (r) Definitions.--In this section, the terms ``commercial operations'', ``customs and trade laws of the United States'', ``trade enforcement'', and ``trade facilitation'' have the meanings given such terms in section 2 of the Trade Facilitation and Trade Enforcement Act of 2015. * * * * * * * SEC. 420. IMMIGRATION ADVISORY PROGRAM. (a) In General.--There is authorized within U.S. Customs and Border Protection an immigration advisory program (in this section referred to as the ``program'') for U.S. Customs and Border Protection officers, pursuant to an agreement with a host country, to assist air carriers and security employees at foreign airports with review of traveler information during the processing of flights bound for the United States. (b) Activities.--In carrying out the program, U.S. Customs and Border Protection officers may-- (1) be present during processing of flights bound for the United States; (2) assist air carriers and security employees with document examination and traveler security assessments; (3) provide relevant training to air carriers, security employees, and host-country authorities; (4) analyze electronic passenger information and passenger reservation data to identify potential threats; (5) engage air carriers and travelers to confirm potential terrorist watchlist matches; (6) make recommendations to air carriers to deny potentially inadmissable passengers boarding flights bound for the United States; and (7) conduct other activities to secure flights bound for the United States, as directed by the Commissioner of U.S. Customs and Border Protection. (c) Notification to Congress.--Not later than 60 days before an agreement with the government of a host country pursuant to the program described in this section enters into force, the Commissioner of U.S. Customs and Border Protection shall provide the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate with-- (1) a copy of such agreement, which shall include-- (A) the identification of the host country with which U.S. Customs and Border Protection intends to enter into such agreement; (B) the location at which activities described in subsection (b) will be conducted pursuant to such agreement; and (C) the terms and conditions for U.S. Customs and Border Protection personnel operating at such location; (2) country-specific information on the anticipated homeland security benefits associated with such agreement; (3) an assessment of the impacts such agreement will have on U.S. Customs and Border Protection domestic port of entry staffing; (4) information on the anticipated costs over the five fiscal years after such agreement enters into force associated with carrying out such agreement; (5) details on information sharing mechanisms to ensure that U.S. Customs and Border Protection has current information to prevent terrorist and criminal travel; and (6) other factors that the Commissioner determines necessary for Congress to comprehensively assess the appropriateness of carrying out the program. (d) Amendment of Existing Agreements.--Not later than 30 days before a substantially amended program agreement with the government of a host country in effect as of the date of the enactment of this section enters into force, the Commissioner of U.S. Customs and Border Protection shall provide to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate-- (1) a copy of such agreement, as amended; and (2) the justification for such amendment. (e) Definitions.--In this section, the terms ``air carrier'' and ``foreign air carrier'' have the meanings given such terms in section 40102 of title 49, United States Code. * * * * * * * [all]