Part B—U.S. Customs and Border Protection
Editorial Notes
Codification
§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) 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
(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
(11) enforce and administer the laws relating to agricultural import and entry inspection referred to in
(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 (
(B) the Customs–Trade Partnership Against Terrorism program under subtitle B of title II of such Act (
(15) conduct polygraph examinations in accordance with
(16) establish the standard operating procedures described in subsection (k);
(17) carry out the training required under subsection (l);
(18) carry out
(19) carry out other duties and powers prescribed by law or delegated by the Secretary.
(d) Deputy Commissioner
There shall be in U.S. Customs and Border Protection a Deputy Commissioner who shall assist the Commissioner in the management of U.S. Customs and Border Protection.
(e) U.S. Border Patrol
(1) In general
There is established in U.S. Customs and Border Protection the U.S. Border Patrol.
(2) Chief
There shall be at the head of the U.S. Border Patrol a Chief, who shall—
(A) be at the level of Executive Assistant Commissioner within U.S. Customs and Border Protection; and
(B) report to the Commissioner.
(3) Duties
The U.S. Border Patrol shall—
(A) serve as the law enforcement office of U.S. Customs and Border Protection with primary responsibility for interdicting persons attempting to illegally enter or exit the United States or goods being illegally imported into or exported from the United States at a place other than a designated port of entry;
(B) deter and prevent the illegal entry of terrorists, terrorist weapons, persons, and contraband; and
(C) carry out other duties and powers prescribed by the Commissioner.
(f) Air and Marine Operations
(1) In general
There is established in U.S. Customs and Border Protection an office known as Air and Marine Operations.
(2) Executive Assistant Commissioner
There shall be at the head of Air and Marine Operations an Executive Assistant Commissioner, who shall report to the Commissioner.
(3) Duties
Air and Marine Operations shall—
(A) serve as the law enforcement office within U.S. Customs and Border Protection with primary responsibility to detect, interdict, and prevent acts of terrorism and the unlawful movement of people, illicit drugs, and other contraband across the borders of the United States in the air and maritime environment;
(B) conduct joint aviation and marine operations with U.S. Immigration and Customs Enforcement;
(C) conduct aviation and marine operations with international, Federal, State, and local law enforcement agencies, as appropriate;
(D) administer the Air and Marine Operations Center established under paragraph (4); and
(E) carry out other duties and powers prescribed by the Commissioner.
(4) Air and Marine Operations Center
(A) In general
There is established in Air and Marine Operations an Air and Marine Operations Center.
(B) Executive Director
There shall be at the head of the Air and Marine Operations Center an Executive Director, who shall report to the Executive Assistant Commissioner of Air and Marine Operations.
(C) Duties
The Air and Marine Operations Center shall—
(i) manage the air and maritime domain awareness of the Department, as directed by the Secretary;
(ii) monitor and coordinate the airspace for unmanned aerial systems operations of Air and Marine Operations in U.S. Customs and Border Protection;
(iii) detect, identify, and coordinate a response to threats to national security in the air domain, in coordination with other appropriate agencies, as determined by the Executive Assistant Commissioner;
(iv) provide aviation and marine support to other Federal, State, tribal, and local agencies; and
(v) carry out other duties and powers prescribed by the Executive Assistant Commissioner.
(g) Office of Field Operations
(1) In general
There is established in U.S. Customs and Border Protection an Office of Field Operations.
(2) Executive Assistant Commissioner
There shall be at the head of the Office of Field Operations an Executive Assistant Commissioner, who shall report to the Commissioner.
(3) Duties
The Office of Field Operations shall coordinate the enforcement activities of U.S. Customs and Border Protection at United States air, land, and sea ports of entry to—
(A) deter and prevent terrorists and terrorist weapons from entering the United States at such ports of entry;
(B) conduct inspections at such ports of entry to safeguard the United States from terrorism and illegal entry of persons;
(C) prevent illicit drugs, agricultural pests, and contraband from entering the United States;
(D) in coordination with the Commissioner, facilitate and expedite the flow of legitimate travelers and trade;
(E) administer the National Targeting Center established under paragraph (4);
(F) coordinate with the Executive Assistant Commissioner for the Office of Trade with respect to the trade facilitation and trade enforcement activities of U.S. Customs and Border Protection; and
(G) carry out other duties and powers prescribed by the Commissioner.
(4) National Targeting Center
(A) In general
There is established in the Office of Field Operations a National Targeting Center.
(B) Executive Director
There shall be at the head of the National Targeting Center an Executive Director, who shall report to the Executive Assistant Commissioner of the Office of Field Operations.
(C) Duties
The National Targeting Center shall—
(i) serve as the primary forum for targeting operations within U.S. Customs and Border Protection to collect and analyze traveler and cargo information in advance of arrival in the United States to identify and address security risks and strengthen trade enforcement;
(ii) identify, review, and target travelers and cargo for examination;
(iii) coordinate the examination of entry and exit of travelers and cargo;
(iv) develop and conduct commercial risk assessment targeting with respect to cargo destined for the United States;
(v) coordinate with the Transportation Security Administration, as appropriate;
(vi) issue Trade Alerts pursuant to
(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) 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
(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 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 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 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
(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 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 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.
(3) Rescue beacons
Beginning in fiscal year 2019, in carrying out subsection (c)(8), the Commissioner shall purchase, deploy, and maintain not more than 250 self-powering, 9–1–1 cellular relay rescue beacons along the southern border of the United States at locations determined appropriate by the Commissioner to mitigate migrant deaths.
(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
(
Editorial Notes
References in Text
The Security and Accountability for Every Port Act of 2006, referred to in subsec. (c)(14)(B), is
Codification
Section is comprised of section 411 of
Amendments
2022—Subsec. (o)(3).
2020—Subsec. (o)(3).
2017—Subsec. (c)(18), (19).
2016—
Statutory Notes and Related Subsidiaries
Change of Name
Effective Date of 2016 Amendment; Continuity of Functions, Rules, and Actions
"(1)
"(2)
"(A)
"(B)
Large-Scale Non-Intrusive Inspection Scanning
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Securing America's Ports Act'.
"SEC. 2. LARGE-SCALE NON-INTRUSIVE INSPECTION SCANNING PLAN.
"(a)
"(1)
"(2)
"(b)
"(c)
"(1) An inventory of large-scale non-intrusive inspection systems or similar technology in use at each land port of entry.
"(2) For each system or technology identified in the inventory under paragraph (1)—
"(A) the scanning method of such system or technology;
"(B) the location of such system or technology at each land port of entry that specifies whether in use in pre-primary, primary, or secondary inspection area, or some combination of such areas;
"(C) the percentage of commercial and passenger vehicles and freight rail traffic scanned by such system or technology;
"(D) seizure data directly attributed to scanned commercial and passenger vehicles and freight rail traffic; and
"(E) the number of personnel required to operate each system or technology.
"(3) Information regarding the continued use of other technology and tactics used for scanning, such as canines and human intelligence in conjunction with large scale, nonintrusive inspection systems.
"(d)
"(1) Benchmarks for achieving incremental progress towards 100 percent high-throughput scanning within the next 6 years of commercial and passenger vehicles and freight rail traffic entering the United States at land ports of entry and rail-border crossings along the border with corresponding projected incremental improvements in scanning rates by fiscal year and rationales for the specified timeframes for each land port of entry.
"(2) Estimated costs, together with an acquisition plan, for achieving the 100 percent high-throughput scanning rate within the timeframes specified in paragraph (1), including acquisition, operations, and maintenance costs for large-scale, nonintrusive inspection systems or similar technology, and associated costs for any necessary infrastructure enhancements or configuration changes at each port of entry. Such acquisition plan shall promote, to the extent practicable, opportunities for entities that qualify as small business concerns (as defined under section 3(a) of the Small Business Act (
"(3) Any projected impacts, as identified by the Commissioner of U.S. Customs and Border Protection, on the total number of commercial and passenger vehicles and freight rail traffic entering at land ports of entry and rail-border crossings where such systems are in use, and average wait times at peak and non-peak travel times, by lane type if applicable, as scanning rates are increased.
"(4) Any projected impacts, as identified by the Commissioner of U.S. Customs and Border Protection, on land ports of entry and rail-border crossings border security operations as a result of implementation actions, including any changes to the number of U.S. Customs and Border Protection officers or their duties and assignments.
"(e)
"(1) an inventory of large-scale, nonintrusive inspection systems or similar technology operated by U.S. Customs and Border Protection at each land port of entry;
"(2) for each system or technology identified in the inventory required under paragraph (1)—
"(A) the scanning method of such system or technology;
"(B) the location of such system or technology at each land port of entry that specifies whether in use in pre-primary, primary, or secondary inspection area, or some combination of such areas;
"(C) the percentage of commercial and passenger vehicles and freight rail traffic scanned by such system or technology; and
"(D) seizure data directly attributed to scanned commercial and passenger vehicles and freight rail traffic;
"(3) the total number of commercial and passenger vehicles and freight rail traffic entering at each land port of entry at which each system or technology is in use, and information on average wait times at peak and non-peak travel times, by lane type if applicable;
"(4) a description of the progress towards reaching the benchmarks referred to in subsection (d)(1), and an explanation if any of such benchmarks are not achieved as planned;
"(5) a comparison of actual costs (including information on any awards of associated contracts) to estimated costs set forth in subsection (d)(2);
"(6) any realized impacts, as identified by the Commissioner of U.S. Customs and Border Protection, on land ports of entry and rail-border crossings operations as a result of implementation actions, including any changes to the number of U.S. Customs and Border Protection officers or their duties and assignments;
"(7) any proposed changes to the plan and an explanation for such changes, including changes made in response to any Department of Homeland Security research and development findings or changes in terrorist or transnational criminal organizations tactics, techniques, or procedures; and
"(8) any challenges to implementing the plan or meeting the benchmarks, and plans to mitigate any such challenges."
DHS Opioid Detection Resilience
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'DHS Opioid Detection Resilience Act of 2019'.
"SEC. 2. STRATEGY TO ENSURE DETECTION OF ALL OPIOID PURITY LEVELS AT PORTS OF ENTRY.
"Not later than 180 days after the date of the enactment of this section [Dec. 23, 2020], the Commissioner of U.S. Customs and Border Protection (CBP) shall—
"(1) implement a strategy to ensure deployed chemical screening devices are able to identify in an operational environment narcotics at purity levels less than or equal to 10 percent, or provide ports of entry with an alternate method for identifying narcotics at lower purity levels; and
"(2) require testing of any new chemical screening devices to understand the abilities and limitations of such devices relating to identifying narcotics at various purity levels before CBP commits to the acquisition of such devices.
"SEC. 3. PLAN TO ENSURE OPIOID DETECTION EQUIPMENT RESILIENCY.
"Not later than 180 days after the date of the enactment of this section, the Secretary of Homeland Security shall implement a plan for the long-term development of a centralized spectral database for chemical screening devices. Such plan shall address the following:
"(1) How newly identified spectra will be collected, stored, and distributed to such devices in their operational environment, including at ports of entry.
"(2) Identification of parties responsible for updates and maintenance of such database."
Protecting America's Food and Agriculture
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Protecting America's Food and Agriculture Act of 2019'.
"SEC. 2. FINDING.
"Congress finds that—
"(1) it is in the national security interest of the United States to ensure that the Nation's food supply is sufficiently protected; and
"(2) a vital part of such protection is the availability of adequate resources at the border to conduct inspections of incoming food and agricultural goods.
"SEC. 3. DEFINITIONS.
"In this Act:
"(1)
"(A) the Committee on Homeland Security and Governmental Affairs of the Senate;
"(B) the Committee on Agriculture, Nutrition, and Forestry of the Senate;
"(C) the Committee on Homeland Security of the House of Representatives; and
"(D) the Committee on Agriculture of the House of Representatives.
"(2)
"SEC. 4. ADDITIONAL U.S. CUSTOMS AND BORDER PROTECTION PERSONNEL.
"(a)
"(b)
"(1)
"(2)
"(c)
"(d)
"(1) rely on data collected regarding the inspections and other activities conducted at each such port of entry; and
"(2) consider volume from seasonal surges, other projected changes in commercial and passenger volumes, the most current commercial forecasts, and other relevant information.
"(e)
"(1)
"(A) $29,900,000 for fiscal year 2020;
"(B) $36,100,000 for fiscal year 2021; and
"(C) $40,500,000 for fiscal year 2022.
"(2)
"(A) $11,000,000 for fiscal year 2020;
"(B) $25,000,000 for fiscal year 2021; and
"(C) $38,000,000 for fiscal year 2022.
"(3)
"(A) $3,500,000 for fiscal year 2020;
"(B) $7,400,000 for fiscal year 2021; and
"(C) $12,200,000 for fiscal year 2022.
"(4)
"SEC. 5. GAO STUDY, BRIEFING, AND REPORT.
"(a)
"(1) interagency coordination and the distribution of responsibilities among Federal agencies with respect to the inspection of agricultural commodities entering the United States;
"(2) the effectiveness of such inspection responsibilities among Federal agencies; and
"(3) the training provided to, and working conditions of, CBP Agriculture Specialists.
"(b)
"(c)
Use of Funds To Continue Detention Services Contracts
"(a) None of the funds provided under the heading 'U.S. Immigration and Customs Enforcement—Operations and Support' may be used to continue any contract for the provision of detention services if the two most recent overall performance evaluations received by the contracted facility are less than 'adequate' or the equivalent median score in any subsequent performance evaluation system.
"(b) The performance evaluations referenced in subsection (a) shall be conducted by the U.S. Immigration and Customs Enforcement Office of Professional Responsibility."
Similar provisions were contained in the following prior appropriation acts:
Ports of Entry Threat and Operational Review
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'United States Ports of Entry Threat and Operational Review Act'.
"SEC. 2. PORTS OF ENTRY THREAT AND OPERATIONAL ANALYSIS.
"(a)
"(1)
"(2)
"(A) Current and potential threats posed by individuals and organized groups seeking—
"(i) to exploit security vulnerabilities at ports of entry; or
"(ii) to unlawfully enter the United States through such ports of entry.
"(B) Methods and pathways used to exploit security vulnerabilities at ports of entry.
"(C) Improvements needed at ports of entry to prevent the unlawful movement of people, illicit drugs, and other contraband across the borders of the United States.
"(D) Improvements needed to enhance travel and trade facilitation and reduce wait times at ports of entry, including—
"(i) security vulnerabilities associated with prolonged wait times;
"(ii) current technology at ports of entry that can be adapted to handle more volume, increase efficiency, and improve accuracy of detection efforts; and
"(iii) infrastructure additions and upgrades.
"(E) Processes conducted at ports of entry that do not require law enforcement training and could be—
"(i) filled with—
"(I) non-law enforcement staff; or
"(II) the private sector, for processes or activities determined to not be inherently governmental (as such term is defined in section 5 of the Federal Activities Inventory Reform Act of 1998 (
"(ii) automated.
"(3)
"(A) Personnel needs, including K–9 Units, and estimated costs, at each port of entry, including such needs and challenges associated with recruitment and hiring.
"(B) Technology needs, including radiation portal monitors and non-intrusive inspection technology, and estimated costs at each port of entry.
"(C) Infrastructure needs and estimated costs at each port of entry.
"(b)
"(1)
"(2)
"(A) The ports of entry threat and operational analysis required under subsection (a), with an emphasis on efforts to mitigate threats and challenges identified in such analysis.
"(B) Efforts to reduce wait times at ports of entry and standards against which the effectiveness of such efforts may be determined.
"(C) Efforts to prevent the unlawful movement of people, illicit drugs, and other contraband across the borders of the United States at the earliest possible point at ports of entry and standards against which the effectiveness of such efforts may be determined.
"(D) Efforts to focus intelligence collection and information analysis to disrupt transnational criminal organizations attempting to exploit vulnerabilities at ports of entry and standards against which the effectiveness of such efforts may be determined.
"(E) Efforts to verify that any new port of entry technology acquisition can be operationally integrated with existing technologies in use by the Department of Homeland Security.
"(F) Lessons learned from reports on the business transformation initiative under section 802(i)(1) of the Trade Facilitation and Trade Enforcement Act of 2015 (
"(G) CBP staffing requirements for all ports of entry.
"(H) Efforts to identify and detect fraudulent documents at ports of entry and standards against which the effectiveness of such efforts may be determined.
"(I) Efforts to prevent, detect, investigate, and mitigate corruption at ports of entry and standards against which the effectiveness of such efforts may be determined.
"(c)
Required Notice of Aircraft Transfers
Detecting Incoming Contraband with Technology
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'International Narcotics Trafficking Emergency Response by Detecting Incoming Contraband with Technology Act' or the 'INTERDICT Act'.
"SEC. 2. DEFINITIONS.
"In this Act:
"(1)
"(2)
"(3)
"SEC. 3. INTERDICTION OF FENTANYL, OTHER SYNTHETIC OPIOIDS, AND OTHER NARCOTICS AND PSYCHOACTIVE SUBSTANCES.
"(a)
"(1) increase the number of chemical screening devices available to U.S. Customs and Border Protection officers over the number of such devices that are available on the date of the enactment of this Act [Jan. 10, 2018]; and
"(2) make such additional chemical screening devices available to U.S. Customs and Border Protection officers as the Commissioner determines are necessary to interdict fentanyl, other synthetic opioids, and other narcotics and psychoactive substances that are illegally imported into the United States, including such substances that are imported through the mail or by an express consignment operator or carrier.
"(b)
"SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
"There is authorized to be appropriated to the Commissioner $9,000,000 to ensure that U.S. Customs and Border Protection has resources, including chemical screening devices, personnel, and scientists, available during all operational hours to prevent, detect, and interdict the unlawful importation of fentanyl, other synthetic opioids, and other narcotics and psychoactive substances."
Continuation in Office
"(1)
"(2)
Border Jobs for Veterans
"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
"SEC. 4. ENHANCEMENTS TO EXISTING PROGRAMS TO RECRUIT SERVICE MEMBERS SEPARATING FROM MILITARY SERVICE FOR CUSTOMS AND BORDER PROTECTION OFFICER VACANCIES.
"(a)
"(b)
"(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)
"(b)
"(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
"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
Reducing Passenger Processing Times
"(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."
§212. Retention of Customs revenue functions by Secretary of the Treasury
(a) Retention of Customs revenue functions by Secretary of the Treasury
(1) Retention of authority
Notwithstanding section 203(a)(1) 1 of this title, authority related to Customs revenue functions that was vested in the Secretary of the Treasury by law before the effective date of this chapter under those provisions of law set forth in paragraph (2) shall not be transferred to the Secretary by reason of this chapter, and on and after the effective date of this chapter, the Secretary of the Treasury may delegate any such authority to the Secretary at the discretion of the Secretary of the Treasury. The Secretary of the Treasury shall consult with the Secretary regarding the exercise of any such authority not delegated to the Secretary.
(2) Statutes
The provisions of law referred to in paragraph (1) are the following: the Tariff Act of 1930 [
(b) Maintenance of Customs revenue functions
(1) Maintenance of functions
Notwithstanding any other provision of this chapter, the Secretary may not consolidate, discontinue, or diminish those functions described in paragraph (2) performed by U.S. Customs and Border Protection (as established under
(2) Functions
The functions referred to in paragraph (1) are those functions performed by the following personnel, and associated support staff, of U.S. Customs and Border Protection on the day before the effective date of this chapter: Import Specialists, Entry Specialists, Drawback Specialists, National Import Specialist, Fines and Penalties Specialists, attorneys of the Office of Regulations and Rulings, Customs Auditors, International Trade Specialists, Financial Systems Specialists.
(c) New personnel
The Secretary of the Treasury is authorized to appoint up to 20 new personnel to work with personnel of the Department in performing customs revenue functions.
(
Editorial Notes
References in Text
The effective date of this chapter, referred to in subsecs. (a)(1) and (b), is 60 days after Nov. 25, 2002, see section 4 of
This chapter, referred to in subsecs. (a)(1) and (b)(1), was in the original "this Act", meaning
The Tariff Act of 1930, referred to in subsec. (a)(2), is act June 17, 1930, ch. 497,
The Foreign Trade Zones Act, referred to in subsec. (a)(2), is act June 18, 1934, ch. 590,
The Trade Act of 1974, referred to in subsec. (a)(2), is
The Trade Agreements Act of 1979, referred to in subsec. (a)(2), is
The North American Free Trade Area Implementation Act, referred to in subsec. (a)(2), probably means the North American Free Trade Agreement Implementation Act,
The Uruguay Round Agreements Act, referred to in subsec. (a)(2), is
The Caribbean Basin Economic Recovery Act, referred to in subsec. (a)(2), is title II of
The Andean Trade Preference Act, referred to in subsec. (a)(2), is title II of
The African Growth and Opportunity Act, referred to in subsec. (a)(2), is title I of
Amendments
2016—Subsec. (b).
1 So in original. Probably should be section "203(1)".
§213. Preservation of Customs funds
Notwithstanding any other provision of this chapter, no funds collected under paragraphs (1) through (8) of
(
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
Amendments
2016—
§214. Separate budget request for Customs
The President shall include in each budget transmitted to Congress under
(
Editorial Notes
Amendments
2016—
Statutory Notes and Related Subsidiaries
Land Border Projects
Similar provisions were contained in the following prior appropriation acts:
§215. Definition
In this part, the term "customs revenue function" means the following:
(1) Assessing and collecting customs duties (including antidumping and countervailing duties and duties imposed under safeguard provisions), excise taxes, fees, and penalties due on imported merchandise, including classifying and valuing merchandise for purposes of such assessment.
(2) Processing and denial of entry of persons, baggage, cargo, and mail, with respect to the assessment and collection of import duties.
(3) Detecting and apprehending persons engaged in fraudulent practices designed to circumvent the customs laws of the United States.
(4) Enforcing
(5) Collecting accurate import data for compilation of international trade statistics.
(6) Enforcing reciprocal trade agreements.
(7) Functions performed by the following personnel, and associated support staff, of the United States Customs Service on the day before the effective date of this chapter, and of U.S. Customs and Border Protection on the day before the effective date of the U.S. Customs and Border Protection Authorization Act: Import Specialists, Entry Specialists, Drawback Specialists, National Import Specialist, Fines and Penalties Specialists, attorneys of the Office of Regulations and Rulings, Customs Auditors, International Trade Specialists, Financial Systems Specialists.
(8) Functions performed by the following offices, with respect to any function described in any of paragraphs (1) through (7), and associated support staff, of the United States Customs Service on the day before the effective date of this chapter, and of U.S. Customs and Border Protection on the day before the effective date of the U.S. Customs and Border Protection Authorization Act: the Office of Information and Technology, the Office of Laboratory Services, the Office of the Chief Counsel, the Office of Congressional Affairs, the Office of International Affairs, and the Office of Training and Development.
(
Editorial Notes
References in Text
This part, referred to in text, was in the original "this subtitle", meaning subtitle B (§§411–419) of title IV of
The effective date of this chapter, referred to in pars. (7) and (8), is 60 days after Nov. 25, 2002, see section 4 of
The effective date of the U.S. Customs and Border Protection Authorization Act, referred to in pars. (7) and (8), is the effective date of title VIII of
Amendments
2016—Pars. (7), (8).
§216. Protection against potential synthetic opioid exposure
(a) In general
The Commissioner of U.S. Customs and Border Protection shall issue a policy that specifies effective protocols and procedures for the safe handling of potential synthetic opioids, including fentanyl, by U.S. Customs and Border Protection officers, agents, other personnel, and canines, and to reduce the risk of injury or death resulting from accidental exposure and enhance post-exposure management.
(b) Training
(1) In general
Together with the issuance of the policy described in subsection (a), the Commissioner of U.S. Customs and Border Protection shall require mandatory and recurrent training on the following:
(A) The potential risk of opioid exposure and safe handling procedures for potential synthetic opioids, including precautionary measures such as the use of personal protective equipment during such handling.
(B) How to access and administer opioid receptor antagonists, including naloxone, post-exposure to potential synthetic opioids.
(C) How to use containment devices to prevent potential synthetic opioid exposure.
(2) Integration
The training described in paragraph (1) may be integrated into existing training under
(c) Personal protective equipment, containment devices, and opioid receptor antagonists
Together with the issuance of the policy described in subsection (a), the Commissioner of U.S. Customs and Border Protection shall ensure the availability of personal protective equipment, opioid receptor antagonists, including naloxone, and containment devices, to all U.S. Customs and Border Protection officers, agents, other personnel, and canines at risk of accidental exposure to synthetic opioids.
(d) Oversight
To ensure effectiveness of the policy described in subsection (a)—
(1) the Commissioner of U.S. Customs and Border Protection shall regularly monitor the efficacy of the implementation of such policy and adjust protocols and procedures, as necessary; and
(2) the Inspector General of the Department shall audit compliance with the requirements of this section not less than once during the 3-year period after December 27, 2020.
(
Editorial Notes
Prior Provisions
A prior
Amendments
2022—Subsec. (b)(1)(C).
Subsec. (c).
Statutory Notes and Related Subsidiaries
Applicability to Other Components
§217. Allocation of resources by the Secretary
(a) In general
The Secretary shall ensure that adequate staffing is provided to assure that levels of customs revenue services provided on the day before the effective date of this chapter shall continue to be provided.
(b) Notification of Congress
The Secretary shall notify the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate at least 90 days prior to taking any action which would—
(1) result in any significant reduction in customs revenue services, including hours of operation, provided at any office within the Department or any port of entry;
(2) eliminate or relocate any office of the Department which provides customs revenue services; or
(3) eliminate any port of entry.
(c) Definition
In this section, the term "customs revenue services" means those customs revenue functions described in paragraphs (1) through (6) and paragraph (8) of
(
Editorial Notes
References in Text
The effective date of this chapter, referred to in subsec. (a), is 60 days after Nov. 25, 2002, see section 4 of
§218. Asia-Pacific Economic Cooperation Business Travel Cards
(a) In general
The Commissioner of U.S. Customs and Border Protection is authorized to issue an Asia-Pacific Economic Cooperation Business Travel Card (referred to in this section as an "ABT Card") to any individual described in subsection (b).
(b) Card issuance
An individual described in this subsection is an individual who—
(1) is a citizen of the United States;
(2) has been approved and is in good standing in an existing international trusted traveler program of the Department; and
(3) is—
(A) engaged in business in the Asia-Pacific region, as determined by the Commissioner of U.S. Customs and Border Protection; or
(B) a United States Government official actively engaged in Asia-Pacific Economic Cooperation business, as determined by the Commissioner of U.S. Customs and Border Protection.
(c) Integration with existing travel programs
The Commissioner of U.S. Customs and Border Protection shall integrate application procedures for, and issuance, renewal, and revocation of, ABT Cards with existing international trusted traveler programs of the Department.
(d) Cooperation with private entities and nongovernmental organizations
In carrying out this section, the Commissioner of U.S. Customs and Border Protection may consult with appropriate private sector entities and nongovernmental organizations, including academic institutions.
(e) Fee
(1) In general
The Commissioner of U.S. Customs and Border Protection shall—
(A) prescribe and collect a fee for the issuance and renewal of ABT Cards; and
(B) adjust such fee to the extent the Commissioner determines necessary to comply with paragraph (2).
(2) Limitation
The Commissioner of U.S. Customs and Border Protection shall ensure that the total amount of the fees collected under paragraph (1) during any fiscal year is sufficient to offset the direct and indirect costs associated with carrying out this section during such fiscal year, including the costs associated with operating and maintaining the ABT Card issuance and renewal processes.
(3) Account for collections
There is established in the Treasury of the United States an "Asia-Pacific Economic Cooperation Business Travel Card Account" into which the fees collected under paragraph (1) shall be deposited as offsetting receipts.
(4) Use of funds
Amounts deposited into the Asia Pacific 1 Economic Cooperation Business Travel Card Account established under paragraph (3) shall—
(A) be credited to the appropriate account of the 2 U.S. Customs and Border Protection for expenses incurred in carrying out this section; and
(B) remain available until expended.
(f) Notification
The Commissioner of U.S. Customs and Border Protection shall notify the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate not later than 60 days after the expenditures of funds to operate and provide ABT Card services beyond the amounts collected under subsection (e)(1).
(g) Trusted traveler program defined
In this section, the term "trusted traveler program" means a voluntary program of the Department that allows U.S. Customs and Border Protection to expedite clearance of pre-approved, low-risk travelers arriving in the United States.
(
Editorial Notes
Prior Provisions
A prior section 218,
Statutory Notes and Related Subsidiaries
Transfer of Funds From APEC Business Travel Card Account
"(a) In General.—Notwithstanding the repeal of the Asia-Pacific Economic Cooperation Business Travel Cards Act of 2011 (
"(b) Availability.—Amounts deposited in the Asia-Pacific Economic Cooperation Business Travel Card Account established pursuant to section 418(e) of the Homeland Security Act of 2002, in addition to the purposes for which such amounts are available pursuant to such subsection, shall also be available for expenditure in connection with expenses incurred with respect to ABT Cards issued at any time before the date of the enactment of such section.
"(c) Termination.—After the completion of the transfer described in subsection (a), the Asia-Pacific Economic Cooperation Business Travel Card Account established pursuant to the Asia-Pacific Economic Cooperation Business Travel Cards Act of 2011 shall be closed."
1 So in original. Probably should be "Asia-Pacific".
2 So in original. The word "the" probably should not appear.
§220. Methamphetamine and methamphetamine precursor chemicals
(a) Compliance with performance plan requirements
As part of the annual performance plan required in the budget submission of the United States Customs and Border Protection under
(b) Study and report relating to methamphetamine and methamphetamine precursor chemicals
(1) Analysis
The Commissioner shall, on an ongoing basis, analyze the movement of methamphetamine and methamphetamine precursor chemicals into the United States. In conducting the analysis, the Commissioner shall—
(A) consider the entry of methamphetamine and methamphetamine precursor chemicals through ports of entry, between ports of entry, through international mails, and through international courier services;
(B) examine the export procedures of each foreign country where the shipments of methamphetamine and methamphetamine precursor chemicals originate and determine if changes in the country's customs over time provisions would alleviate the export of methamphetamine and methamphetamine precursor chemicals; and
(C) identify emerging trends in smuggling techniques and strategies.
(2) Report
Not later than September 30, 2007, and each 2-year period thereafter, the Commissioner, in the consultation with the Attorney General, United States Immigration and Customs Enforcement, the United States Drug Enforcement Administration, and the United States Department of State, shall submit a report to the Committee on Finance of the Senate, the Committee on Foreign Relations of the Senate, the Committee on the Judiciary of the Senate, the Committee on Ways and Means of the House of Representatives, the Committee on International Relations of the House of Representatives, and the Committee on the Judiciary of the House of Representatives, that includes—
(A) a comprehensive summary of the analysis described in paragraph (1); and
(B) a description of how the Untied 1 States Customs and Border Protection utilized the analysis described in paragraph (1) to target shipments presenting a high risk for smuggling or circumvention of the Combat Methamphetamine Epidemic Act of 2005 (
(3) Availability of analysis
The Commissioner shall ensure that the analysis described in paragraph (1) is made available in a timely manner to the Secretary of State to facilitate the Secretary in fulfilling the Secretary's reporting requirements in section 722 of the Combat Methamphetamine Epidemic Act of 2005.
(c) Definition
In this section, the term "methamphetamine precursor chemicals" means the chemicals ephedrine, pseudoephedrine, or phenylpropanolamine, including each of the salts, optical isomers, and salts of optical isomers of such chemicals.
(
Editorial Notes
References in Text
The Combat Methamphetamine Epidemic Act of 2005, referred to in subsec. (b)(2)(B), is
Codification
Section was enacted as part of the Security and Accountability For Every Port Act of 2006, also known as the SAFE Port Act, and not as part of the Homeland Security Act of 2002 which comprises this chapter.
Statutory Notes and Related Subsidiaries
Change of Name
Committee on International Relations of House of Representatives changed to Committee on Foreign Affairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
Definitions
For definition of "Commissioner" as used in this section, see
§221. Requirements with respect to administering polygraph examinations to law enforcement personnel of U.S. Customs and Border Protection
(a) In general
The Secretary of Homeland Security shall ensure that—
(1) by not later than 2 years after January 4, 2011, all applicants for law enforcement positions with U.S. Customs and Border Protection (except as provided in subsection (b)) receive polygraph examinations before being hired for such a position; and
(2) by not later than 180 days after January 4, 2011, U.S. Customs and Border Protection initiates all periodic background reinvestigations for all law enforcement personnel of U.S. Customs and Border Protection that should receive periodic background reinvestigations pursuant to relevant policies of U.S. Customs and Border Protection in effect on the day before January 4, 2011.
(b) Waiver
The Commissioner of U.S. Customs and Border Protection may waive the polygraph examination requirement under subsection (a)(1) for any applicant who—
(1) is deemed suitable for employment;
(2) holds a current, active Top Secret/Sensitive Compartmented Information Clearance;
(3) has a current Single Scope Background Investigation;
(4) was not granted any waivers to obtain his or her clearance; and
(5) is a veteran (as defined in
(
Editorial Notes
Codification
Section was enacted as part of the Anti-Border Corruption Act of 2010, and not as part of the Homeland Security Act of 2002 which comprises this chapter.
Amendments
2016—
Statutory Notes and Related Subsidiaries
Waiver of Certain Polygraph Examination Requirements
"(1) the Commissioner determines is suitable for employment;
"(2) holds a current, active Top Secret clearance and is able to access sensitive compartmented information;
"(3) has a current single scope background investigation;
"(4) was not granted any waivers to obtain the clearance; and
"(5) is a veteran (as such term is defined in section 2108 or 2109a [probably should be "2108a"] of
Findings
"(1) According to the Office of the Inspector General of the Department of Homeland Security, since 2003, 129 U.S. Customs and Border Protection officials have been arrested on corruption charges and, during 2009, 576 investigations were opened on allegations of improper conduct by U.S. Customs and Border Protection officials.
"(2) To foster integrity in the workplace, established policy of U.S. Customs and Border Protection calls for—
"(A) all job applicants for law enforcement positions at U.S. Customs and Border Protection to receive a polygraph examination and a background investigation before being offered employment; and
"(B) relevant employees to receive a periodic background reinvestigation every 5 years.
"(3) According to the Office of Internal Affairs of U.S. Customs and Border Protection—
"(A) in 2009, less than 15 percent of applicants for jobs with U.S. Customs and Border Protection received polygraph examinations;
"(B) as of March 2010, U.S. Customs and Border Protection had a backlog of approximately 10,000 periodic background reinvestigations of existing employees; and
"(C) without additional resources, by the end of fiscal year 2010, the backlog of periodic background reinvestigations will increase to approximately 19,000."
§222. Advanced Training Center Revolving Fund
For fiscal year 2012 and thereafter, U.S. Customs and Border Protection's Advanced Training Center is authorized to charge fees for any service and/or thing of value it provides to Federal Government or non-government entities or individuals, so long as the fees charged do not exceed the full costs associated with the service or thing of value provided: Provided, That notwithstanding
(
Editorial Notes
Codification
Section was enacted as part of the Department of Homeland Security Appropriations Act, 2012, and also as part of the Consolidated Appropriations Act, 2012, and not as part of the Homeland Security Act of 2002 which comprises this chapter.
§223. Border security metrics
(a) Definitions
In this section:
(1) Appropriate congressional committees
The term "appropriate congressional committees" means—
(A) the Committee on Homeland Security and Governmental Affairs of the Senate; and
(B) the Committee on Homeland Security of the House of Representatives.
(2) Consequence Delivery System
The term "Consequence Delivery System" means the series of consequences applied by U.S. Border Patrol in collaboration with other Federal agencies to persons unlawfully entering the United States, in order to prevent unlawful border crossing recidivism.
(3) Got away
The term "got away" means an unlawful border crosser who—
(A) is directly or indirectly observed making an unlawful entry into the United States;
(B) is not apprehended; and
(C) is not a turn back.
(4) Known maritime migrant flow
The term "known maritime migrant flow" means the sum of the number of undocumented migrants—
(A) interdicted in the waters over which the United States has jurisdiction;
(B) identified at sea either directly or indirectly, but not interdicted;
(C) if not described in subparagraph (A) or (B), who were otherwise reported, with a significant degree of certainty, as having entered, or attempted to enter, the United States through the maritime border.
(5) Major violator
The term "major violator" means a person or entity that has engaged in serious criminal activities at any land, air, or sea port of entry, including the following:
(A) Possession of illicit drugs.
(B) Smuggling of prohibited products.
(C) Human smuggling.
(D) Possession of illegal weapons.
(E) Use of fraudulent documents.
(F) Any other offense that is serious enough to result in an arrest.
(6) Secretary
The term "the Secretary" means the Secretary of Homeland Security.
(7) Situational awareness
The term "situational awareness" means knowledge and understanding of current unlawful cross-border activity, including the following:
(A) Threats and trends concerning illicit trafficking and unlawful crossings.
(B) The ability to forecast future shifts in such threats and trends.
(C) The ability to evaluate such threats and trends at a level sufficient to create actionable plans.
(D) The operational capability to conduct persistent and integrated surveillance of the international borders of the United States.
(8) Transit zone
The term "transit zone" means the sea corridors of the western Atlantic Ocean, the Gulf of Mexico, the Caribbean Sea, and the eastern Pacific Ocean through which undocumented migrants and illicit drugs transit, either directly or indirectly, to the United States.
(9) Turn back
The term "turn back" means an unlawful border crosser who, after making an unlawful entry into the United States, responds to United States enforcement efforts by returning promptly to the country from which such crosser entered.
(10) Unlawful border crossing effectiveness rate
The term "unlawful border crossing effectiveness rate" means the percentage that results from dividing the number of apprehensions and turn backs by the sum of the number of apprehensions, estimated undetected unlawful entries, turn backs, and got aways.
(11) Unlawful entry
The term "unlawful entry" means an unlawful border crosser who enters the United States and is not apprehended by a border security component of the Department of Homeland Security.
(b) Metrics for securing the border between ports of entry
(1) In general
Not later than 180 days after December 23, 2016, the Secretary shall develop metrics, informed by situational awareness, to measure the effectiveness of security between ports of entry. The Secretary shall annually implement the metrics developed under this subsection, which shall include the following:
(A) Estimates, using alternative methodologies where appropriate, including recidivism data, survey data, known-flow data, and technologically-measured data, of the following:
(i) The rate of apprehension of attempted unlawful border crossers.
(ii) The number of detected unlawful entries.
(iii) The number of estimated undetected unlawful entries.
(iv) Turn backs.
(v) Got aways.
(B) A measurement of situational awareness achieved in each U.S. Border Patrol sector.
(C) An unlawful border crossing effectiveness rate in each U.S. Border Patrol sector.
(D) A probability of detection rate, which compares the estimated total unlawful border crossing attempts not detected by U.S. Border Patrol to the unlawful border crossing effectiveness rate under subparagraph (C), as informed by subparagraph (A).
(E) The number of apprehensions in each U.S. Border Patrol sector.
(F) The number of apprehensions of unaccompanied alien children, and the nationality of such children, in each U.S. Border Patrol sector.
(G) The number of apprehensions of family units, and the nationality of such family units, in each U.S. Border Patrol sector.
(H) An illicit drugs seizure rate for drugs seized by U.S. Border Patrol between ports of entry, which compares the ratio of the amount and type of illicit drugs seized between ports of entry in any fiscal year to the average of the amount and type of illicit drugs seized between ports of entry in the immediately preceding five fiscal years.
(I) Estimates of the impact of the Consequence Delivery System on the rate of recidivism of unlawful border crossers over multiple fiscal years.
(J) An examination of each consequence under the Consequence Delivery System referred to in subparagraph (I), including the following:
(i) Voluntary return.
(ii) Warrant of arrest or notice to appear.
(iii) Expedited removal.
(iv) Reinstatement of removal.
(v) Alien transfer exit program.
(vi) Criminal consequence program.
(vii) Standard prosecution.
(viii) Operation Against Smugglers Initiative on Safety and Security.
(2) Metrics consultation
To ensure that authoritative data sources are utilized in the development of the metrics described in paragraph (1), the Secretary shall—
(A) consult with the heads of the appropriate components of the Department of Homeland Security; and
(B) where appropriate, with the heads of other agencies, including the Office of Refugee Resettlement of the Department of Health and Human Services and the Executive Office for Immigration Review of the Department of Justice.
(3) Manner of collection
The data collected to inform the metrics developed in accordance with paragraph (1) shall be collected and reported in a consistent and standardized manner across all U.S. Border Patrol sectors, informed by situational awareness.
(c) Metrics for securing the border at ports of entry
(1) In general
Not later than 180 days after December 23, 2016, the Secretary shall develop metrics, informed by situational awareness, to measure the effectiveness of security at ports of entry. The Secretary shall annually implement the metrics developed under this subsection, which shall include the following:
(A) Estimates, using alternative methodologies where appropriate, including recidivism data, survey data, and randomized secondary screening data, of the following:
(i) Total inadmissible travelers who attempt to, or successfully, enter the United States at a port of entry.
(ii) The rate of refusals and interdictions for travelers who attempt to, or successfully, enter the United States at a port of entry.
(iii) The number of unlawful entries at a port of entry.
(B) The amount and type of illicit drugs seized by the Office of Field Operations of U.S. Customs and Border Protection at ports of entry during the previous fiscal year.
(C) An illicit drugs seizure rate for drugs seized by the Office of Field Operations, which compares the ratio of the amount and type of illicit drugs seized by the Office of Field Operations in any fiscal year to the average of the amount and type of illicit drugs seized by the Office of Field Operations in the immediately preceding five fiscal years.
(D) The number of infractions related to travelers and cargo committed by major violators who are interdicted by the Office of Field Operations at ports of entry, and the estimated number of such infractions committed by major violators who are not so interdicted.
(E) In consultation with the heads of the Office of National Drug Control Policy and the United States Southern Command, a cocaine seizure effectiveness rate, which is the percentage resulting from dividing the amount of cocaine seized by the Office of Field Operations by the total estimated cocaine flow rate at ports of entry along the United States land border with Mexico and Canada.
(F) A measurement of how border security operations affect crossing times, including the following:
(i) A wait time ratio that compares the average wait times to total commercial and private vehicular traffic volumes at each land port of entry.
(ii) An infrastructure capacity utilization rate that measures traffic volume against the physical and staffing capacity at each land port of entry.
(iii) A secondary examination rate that measures the frequency of secondary examinations at each land port of entry.
(iv) An enforcement rate that measures the effectiveness of such secondary examinations at detecting major violators.
(G) A seaport scanning rate that includes the following:
(i) The number of all cargo containers that are considered potentially "high-risk", as determined by the Executive Assistant Commissioner of the Office of Field Operations.
(ii) A comparison of the number of potentially high-risk cargo containers scanned by the Office of Field Operations at each sea port of entry during a fiscal year to the total number of high-risk cargo containers entering the United States at each such sea port of entry during the previous fiscal year.
(iii) The number of potentially high-risk cargo containers scanned upon arrival at a United States sea port of entry.
(iv) The number of potentially high-risk cargo containers scanned before arrival at a United States sea port of entry.
(2) Metrics consultation
To ensure that authoritative data sources are utilized in the development of the metrics described in paragraph (1), the Secretary shall—
(A) consult with the heads of the appropriate components of the Department of Homeland Security; and
(B) where appropriate, work with heads of other appropriate agencies, including the Office of Refugee Resettlement of the Department of Health and Human Services and the Executive Office for Immigration Review of the Department of Justice.
(3) Manner of collection
The data collected to inform the metrics developed in accordance with paragraph (1) shall be collected and reported in a consistent and standardized manner across all United States ports of entry, informed by situational awareness.
(d) Metrics for securing the maritime border
(1) In general
Not later than 180 days after December 23, 2016, the Secretary shall develop metrics, informed by situational awareness, to measure the effectiveness of security in the maritime environment. The Secretary shall annually implement the metrics developed under this subsection, which shall include the following:
(A) Situational awareness achieved in the maritime environment.
(B) A known maritime migrant flow rate.
(C) An illicit drugs removal rate for drugs removed inside and outside of a transit zone, which compares the amount and type of illicit drugs removed, including drugs abandoned at sea, by the maritime security components of the Department of Homeland Security in any fiscal year to the average of the amount and type of illicit drugs removed by such maritime components for the immediately preceding five fiscal years.
(D) In consultation with the heads of the Office of National Drug Control Policy and the United States Southern Command, a cocaine removal effectiveness rate for cocaine removed inside a transit zone and outside a transit zone, which compares the amount of cocaine removed by the maritime security components of the Department of Homeland Security by the total documented cocaine flow rate, as contained in Federal drug databases.
(E) A response rate, which compares the ability of the maritime security components of the Department of Homeland Security to respond to and resolve known maritime threats, whether inside or outside a transit zone, by placing assets on-scene, to the total number of events with respect to which the Department has known threat information.
(F) An intergovernmental response rate, which compares the ability of the maritime security components of the Department of Homeland Security or other United States Government entities to respond to and resolve actionable maritime threats, whether inside or outside a transit zone, with the number of such threats detected.
(2) Metrics consultation
To ensure that authoritative data sources are utilized in the development of the metrics described in paragraph (1), the Secretary shall—
(A) consult with the heads of the appropriate components of the Department of Homeland Security; and
(B) where appropriate, work with the heads of other agencies, including the Drug Enforcement Agency, the Department of Defense, and the Department of Justice.
(3) Manner of collection
The data used by the Secretary shall be collected and reported in a consistent and standardized manner by the maritime security components of the Department of Homeland Security, informed by situational awareness.
(e) Air and Marine security metrics in the land domain
(1) In general
Not later than 180 days after December 23, 2016, the Secretary shall develop metrics, informed by situational awareness, to measure the effectiveness of the aviation assets and operations of Air and Marine Operations of U.S. Customs and Border Protection. The Secretary shall annually implement the metrics developed under this subsection, which shall include the following:
(A) A flight hour effectiveness rate, which compares Air and Marine Operations flight hours requirements to the number of flight hours flown by Air and Marine Operations.
(B) A funded flight hour effectiveness rate, which compares the number of funded flight hours appropriated to Air and Marine Operations to the number of actual flight hours flown by Air and Marine Operations.
(C) A readiness rate, which compares the number of aviation missions flown by Air and Marine Operations to the number of aviation missions cancelled by Air and Marine Operations due to maintenance, operations, or other causes.
(D) The number of missions cancelled by Air and Marine Operations due to weather compared to the total planned missions.
(E) The number of individuals detected by Air and Marine Operations through the use of unmanned aerial systems and manned aircraft.
(F) The number of apprehensions assisted by Air and Marine Operations through the use of unmanned aerial systems and manned aircraft.
(G) The number and quantity of illicit drug seizures assisted by Air and Marine Operations through the use of unmanned aerial systems and manned aircraft.
(H) The number of times that actionable intelligence related to border security was obtained through the use of unmanned aerial systems and manned aircraft.
(2) Metrics consultation
To ensure that authoritative data sources are utilized in the development of the metrics described in paragraph (1), the Secretary shall—
(A) consult with the heads of the appropriate components of the Department of Homeland Security; and
(B) as appropriate, work with the heads of other departments and agencies, including the Department of Justice.
(3) Manner of collection
The data collected to inform the metrics developed in accordance with paragraph (1) shall be collected and reported in a consistent and standardized manner by Air and Marine Operations, informed by situational awareness.
(f) Data transparency
The Secretary shall—
(1) in accordance with applicable privacy laws, make data related to apprehensions, inadmissible aliens, drug seizures, and other enforcement actions available to the public, law enforcement communities, and academic research communities; and
(2) provide the Office of Immigration Statistics of the Department of Homeland Security with unfettered access to the data referred to in paragraph (1).
(g) Evaluation by the Government Accountability Office and the Secretary
(1) Metrics report
(A) Mandatory disclosures
The Secretary shall submit to the appropriate congressional committees and the Comptroller General of the United States an annual report containing the metrics required under this section and the data and methodology used to develop such metrics.
(B) Permissible disclosures
The Secretary, for the purpose of validation and verification, may submit the annual report described in subparagraph (A) to—
(i) the Center for Borders, Trade, and Immigration Research of the Centers of Excellence network of the Department of Homeland Security;
(ii) the head of a national laboratory within the Department of Homeland Security laboratory network with prior expertise in border security; and
(iii) a Federally Funded Research and Development Center.
(2) GAO report
Not later than 270 days after receiving the first report under paragraph (1)(A) and biennially thereafter for the following ten years with respect to every other such report, the Comptroller General of the United States shall submit to the appropriate congressional committees a report that—
(A) analyzes the suitability and statistical validity of the data and methodology contained in each such report; and
(B) includes recommendations on—
(i) the feasibility of other suitable metrics that may be used to measure the effectiveness of border security; and
(ii) improvements that need to be made to the metrics being used to measure the effectiveness of border security.
(3) State of the Border report
Not later than 60 days after the end of each fiscal year through fiscal year 2026, the Secretary shall submit to the appropriate congressional committees a "State of the Border" report that—
(A) provides trends for each metric under this section for the last ten fiscal years, to the greatest extent possible;
(B) provides selected analysis into related aspects of illegal flow rates, including undocumented migrant flows and stock estimation techniques;
(C) provides selected analysis into related aspects of legal flow rates; and
(D) includes any other information that the Secretary determines appropriate.
(4) Metrics update
(A) In general
After submitting the tenth report to the Comptroller General under paragraph (1), the Secretary may reevaluate and update any of the metrics developed in accordance with this section to ensure that such metrics are suitable to measure the effectiveness of border security.
(B) Congressional notification
Not later than 30 days before updating the metrics pursuant to subparagraph (A), the Secretary shall notify the appropriate congressional committees of such updates.
(
Editorial Notes
Codification
Section was enacted as part of the National Defense Authorization Act for Fiscal Year 2017, and not as part of the Homeland Security Act of 2002 which comprises this chapter.
§224. Other reporting requirements
(a) Unidentified remains
(1) Reporting requirement
Not later than 1 year after December 31, 2020, and annually thereafter, the Commissioner of U.S. Customs and Border Protection shall submit a report to the appropriate committees of Congress regarding all unidentified remains discovered, during the reporting period, on or near the border between the United States and Mexico, including—
(A) for each deceased person—
(i) the cause and manner of death, if known;
(ii) the sex, age (at time of death), and country of origin (if such information is determinable); and
(iii) the location of each unidentified remain;
(B) the total number of deceased people whose unidentified remains were discovered by U.S. Customs and Border Protection during the reporting period;
(C) to the extent such information is available to U.S. Customs and Border Protection, the total number of deceased people whose unidentified remains were discovered by Federal, State, local or Tribal law enforcement officers, military personnel, or medical examiners offices;
(D) the efforts of U.S. Customs and Border Protection to engage with nongovernmental organizations, institutions of higher education, medical examiners and coroners, and law enforcement agencies—
(i) to identify and map the locations at which migrant deaths occur; and
(ii) to count the number of deaths that occur at such locations; and
(E) a detailed description of U.S. Customs and Border Protection's Missing Migrant Program, including how the program helps mitigate migrant deaths while maintaining border security.
(2) Public disclosure
Not later than 30 days after each report required under paragraph (1) is submitted, the Commissioner of U.S. Customs and Border Protection shall publish on the website of the agency the information described in subparagraphs (A), (B), and (C) of paragraph (1) during each reporting period.
(b) Rescue beacons
Not later than 1 year after December 31, 2020, and annually thereafter, the Commissioner of U.S. Customs and Border Protection shall submit a report to the appropriate committees of Congress regarding the use of rescue beacons along the border between the United States and Mexico, including, for the reporting period—
(1) the number of rescue beacons in each border patrol sector;
(2) the specific location of each rescue beacon;
(3) the frequency with which each rescue beacon was activated by a person in distress;
(4) a description of the nature of the distress that resulted in each rescue beacon activation (if such information is determinable); and
(5) an assessment, in consultation with local stakeholders, including elected officials, nongovernmental organizations, and landowners, of necessary additional rescue beacons and recommendations for locations for deployment to reduce migrant deaths.
(c) GAO report
Not later than 6 months after the report required under subsection (a) is submitted to the appropriate committees of Congress, the Comptroller General of the United States shall submit a report to the same committees that describes—
(1) how U.S. Customs and Border Protection collects and records border-crossing death data;
(2) the differences (if any) in U.S. Customs and Border Protection border-crossing death data collection methodology across its sectors;
(3) how U.S. Customs and Border Protection's data and statistical analysis on trends in the numbers, locations, causes, and characteristics of border-crossing deaths compare to other sources of data on these deaths, including border county medical examiners and coroners and the Centers for Disease Control and Prevention;
(4) how U.S. Customs and Border Protection measures the effectiveness of its programs to mitigate migrant deaths; and
(5) the extent to which U.S. Customs and Border Protection engages Federal, State, local, and Tribal governments, foreign diplomatic and consular posts, and nongovernmental organizations—
(A) to accurately identify deceased individuals;
(B) to resolve cases involving unidentified remains;
(C) to resolve cases involving unidentified persons; and
(D) to share information on missing persons and unidentified remains, specifically with the National Missing and Unidentified Persons System (NamUs).
(
Editorial Notes
Codification
Section was enacted as part of Missing Persons and Unidentified Remains Act of 2019, and not as part of the Homeland Security Act of 2002 which comprises this chapter.
§225. Reports, evaluations, and research regarding drug interdiction at and between ports of entry
(a) Research on additional technologies to detect fentanyl
Not later than one year after December 23, 2022, the Secretary of Homeland Security, in consultation with the Attorney General, the Secretary of Health and Human Services, and the Director of the Office of National Drug Control Policy, shall research additional technological solutions to—
(1) target and detect illicit fentanyl, fentanyl analogs, and precursor chemicals, including low-purity fentanyl, especially in counterfeit pressed tablets, and illicit pill press molds; and
(2) enhance detection of such counterfeit pressed tablets through nonintrusive, noninvasive, and other advanced screening technologies.
(b) Evaluation of current technologies and strategies in illicit drug interdiction and procurement decisions
(1) In general
The Secretary of Homeland Security, in consultation with the Attorney General, the Secretary of Health and Human Services, and the Director of the Office of National Drug Control Policy, shall establish a program to collect available data and develop metrics to measure how technologies and strategies used by the Department of Homeland Security, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, and other relevant Federal agencies have helped detect trafficked illicit fentanyl, fentanyl analogs, and precursor chemicals or deter illicit fentanyl, fentanyl analogs, and precursor chemicals from being trafficked into the United States at and between land, air, and sea ports of entry.
(2) Considerations
The data and metrics program established pursuant to paragraph (1) may consider—
(A) the rate of detection of illicit fentanyl, fentanyl analogs, and precursor chemicals at land, air, and sea ports of entry;
(B) investigations and intelligence sharing into the origins of illicit fentanyl, fentanyl analogs, and precursor chemicals within the United States; and
(C) other data or metrics considered appropriate by the Secretary of Homeland Security.
(3) Updates
The Secretary of Homeland Security, as appropriate and in the coordination with the officials referred to in paragraph (1), may update the data and metrics program established pursuant to paragraph (1).
(4) Reports
(A) Secretary of Homeland Security
Not later than one year after December 23, 2022, and biennially thereafter, the Secretary of Homeland Security, in consultation with the Attorney General, the Secretary of Health and Human Services, and the Director of the Office of National Drug Control Policy shall, based on the data collected and metrics developed pursuant to the program established pursuant to paragraph (1), submit to the Committee on Homeland Security, the Committee on Energy and Commerce, the Committee on Science, Space, and Technology, and the Committee on the Judiciary of the House of Representatives and the Committee on Homeland Security and Governmental Affairs, the Committee on Commerce, Science, and Transportation, and the Committee on the Judiciary of the Senate a report that—
(i) examines and analyzes current technologies, including pilot technologies, deployed at land, air, and sea ports of entry to assess how well such technologies detect, deter, and address illicit fentanyl, fentanyl analogs, and precursor chemicals; and
(ii) examines and analyzes current technologies, including pilot technologies, deployed between land ports of entry to assess how well and accurately such technologies detect, deter, interdict, and address illicit fentanyl, fentanyl analogs, and precursor chemicals; 1
(B) Government Accountability Office
Not later than one year after the submission of each of the first three reports required under subparagraph (A), the Comptroller General of the United States shall submit to the Committee on Homeland Security, the Committee on Energy and Commerce, the Committee on Science, Space, and Technology, and the Committee on the Judiciary of the House of Representatives and the Committee on Homeland Security and Governmental Affairs, the Committee on Commerce, Science, and Transportation, and the Committee on the Judiciary of the Senate a report that evaluates and, as appropriate, makes recommendations to improve, the collection of data under the program established pursuant to paragraph (1) and metrics used in the subsequent reports required under such subparagraph.
(
Editorial Notes
Codification
Section was enacted as part of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, and not as part of the Homeland Security Act of 2002 which comprises this chapter.
1 So in original. The semicolon probably should be a period.
§226. Ensuring timely updates to U.S. Customs and Border Protection field manuals
(a) In general
Not less frequently than triennially, the Commissioner of U.S. Customs and Border Protection shall review and update, as necessary, the current policies and manuals of the Office of Field Operations related to inspections at ports of entry to ensure the uniform implementation of inspection practices that will effectively respond to technological and methodological changes designed to disguise illegal activity, such as the smuggling of drugs and humans, along the border.
(b) Reporting requirement
Shortly after each update required under subsection (a), the Commissioner of U.S. Customs and Border Protection shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives that summarizes the policy and manual changes implemented by such update.
(
Editorial Notes
Codification
Section was enacted as part of the Eradicating Narcotic Drugs and Formulating Effective New Tools to Address National Yearly Losses of life Act, also known as the END FENTANYL Act, and not as part of the Homeland Security Act of 2002 which comprises this chapter.