I 

114TH CONGRESS 

1ST SESSION H. R. 878 

To provide for the authorization of border, maritime, and transportation 

security responsibilities and functions in the Department of Homeland 

Security and the establishment of United States Customs and Border 

Protection, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 11, 2015 

Mrs. MILLER of Michigan (for herself, Mr. MCCAUL, and Mr. VELA) introduced the following bill; which was referred to the Committee on Homeland Security, and in addition to the Committee on Ways and Means, for 

a period to be subsequently determined by the Speaker, in each case for 

consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To provide for the authorization of border, maritime, and 

transportation security responsibilities and functions in 

the Department of Homeland Security and the establishment of United States Customs and Border Protection, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘United States Customs 

5 and Border Protection Authorization Act’’. 


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1 SEC. 2. ESTABLISHMENT OF UNITED STATES CUSTOMS AND 

2 BORDER PROTECTION. 

3 (a) IN GENERAL.—Section 411 of the Homeland Se4 curity Act of 2002 (6 U.S.C. 211) is amended to read 

5 as follows: 

6 ‘‘SEC. 411. ESTABLISHMENT OF UNITED STATES CUSTOMS 

7 AND BORDER PROTECTION; COMMISSIONER, 

8 DEPUTY COMMISSIONER, AND OPERATIONAL 

9 OFFICES. 

10 ‘‘(a) IN GENERAL.—There is established in the De11 partment an agency to be known as United States Cus12 toms and Border Protection. 

13 ‘‘(b) COMMISSIONER OF UNITED STATES CUSTOMS

14 AND BORDER PROTECTION.—There shall be at the head 

15 of United States Customs and Border Protection a Com16 missioner of United States Customs and Border Protec17 tion (in this section referred to as the ‘Commissioner’), 

18 who shall be appointed by the President, by and with the 

19 advice and consent of the Senate. 

20 ‘‘(c) DUTIES.—The Commissioner shall— 

21 ‘‘(1) ensure the interdiction of persons and 

22 goods illegally entering or exiting the United States; 

23 ‘‘(2) facilitate and expedite the flow of legiti24 mate travelers and trade; 

25 ‘‘(3) detect, respond to, and interdict terrorists, 

26 drug smugglers and traffickers, human smugglers 


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1 and traffickers, and other persons who may under2 mine the security of the United States, in cases in 

3 which such persons are entering, or have recently 

4 entered, the United States; 

5 ‘‘(4) safeguard the borders of the United States 

6 to protect against the entry of dangerous goods; 

7 ‘‘(5) oversee the functions of the Office of 

8 International Trade established under section 402 of 

9 the Security and Accountability for Every Port Act 

10 of 2006 (19 U.S.C. 2072; Public Law 109–347); 

11 ‘‘(6) enforce and administer all customs laws of 

12 the United States, including the Tariff Act of 1930; 

13 ‘‘(7) develop and implement screening and tar14 geting capabilities, including the screening, review15 ing, identifying, and prioritizing of passengers and 

16 cargo across all international modes of transpor17 tation, both inbound and outbound; 

18 ‘‘(8) in coordination with the Secretary, deploy 

19 technology to collect the data necessary for the Sec20 retary to administer the biometric entry and exit 

21 data system pursuant to section 7208 of the Intel22 ligence Reform and Terrorism Prevention Act of 

23 2004 (8 U.S.C. 1365b); 

24 ‘‘(9) In coordination with the Under Secretary 

25 for Management of the Department, ensure United 


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1 States Customs and Border Protection complies with 

2 Federal law, the Federal Acquisition Regulation, and 

3 the Department’s acquisition management directives 

4 for major acquisition programs of United States 

5 Customs and Border Protection; 

6 ‘‘(10) enforce and administer— 

7 ‘‘(A) the Container Security Initiative pro8 gram under section 205 of the Security and Ac9 countability for Every Port Act of 2006 (6 

10 U.S.C. 945; Public Law 109–347); and 

11 ‘‘(B) the Customs-Trade Partnership 

12 Against Terrorism program under sections 211 

13 through 223 of such Act (6 U.S.C. 961–973); 

14 ‘‘(11) establish the standard operating proce15 dures described in subsection (k); 

16 ‘‘(12) carry out the training required under 

17 subsection (l); and 

18 ‘‘(13) carry out other duties and powers pre19 scribed by law or delegated by the Secretary. 

20 ‘‘(d) DEPUTY COMMISSIONER.—There shall be in 

21 United States Customs and Border Protection a Deputy 

22 Commissioner who shall assist the Commissioner in the 

23 management of United States Customs and Border Pro24 tection. 

25 ‘‘(e) UNITED STATES BORDER PATROL.— 


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1 ‘‘(1) IN GENERAL.—There is established in 

2 United States Customs and Border Protection the 

3 United States Border Patrol. 

4 ‘‘(2) CHIEF.—There shall be at the head of the 

5 United States Border Patrol a Chief, who shall be 

6 a uniformed law enforcement officer chosen from the 

7 ranks of the United States Border Patrol and who 

8 shall report to the Commissioner. 

9 ‘‘(3) DUTIES.—The United States Border Pa10 trol shall— 

11 ‘‘(A) serve as the law enforcement office of 

12 United States Customs and Border Protection 

13 with primary responsibility for interdicting per14 sons attempting to illegally enter or exit the 

15 United States or goods being illegally imported 

16 to or exported from the United States at a 

17 place other than a designated port of entry; 

18 ‘‘(B) deter and prevent illegal entry of ter19 rorists, terrorist weapons, persons, and contra20 band; and 

21 ‘‘(C) carry out other duties and powers 

22 prescribed by the Commissioner. 

23 ‘‘(f) OFFICE OF AIR AND MARINE OPERATIONS.— 


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1 ‘‘(1) IN GENERAL.—There is established in 

2 United States Customs and Border Protection an 

3 Office of Air and Marine Operations. 

4 ‘‘(2) ASSISTANT COMMISSIONER.—There shall 

5 be at the head of the Office of Air and Marine Oper6 ations an Assistant Commissioner, who shall report 

7 to the Commissioner. 

8 ‘‘(3) DUTIES.—The Office of Air and Marine 

9 Operations shall— 

10 ‘‘(A) serve as the law enforcement office 

11 within United States Customs and Border Pro12 tection with primary responsibility to detect, 

13 interdict, and prevent acts of terrorism and the 

14 unlawful movement of people, illicit drugs, and 

15 other contraband across the borders of the 

16 United States in the air and maritime environ17 ment; 

18 ‘‘(B) oversee the acquisition, maintenance, 

19 and operational use of United States Customs 

20 and Border Protection integrated air and ma21 rine forces; 

22 ‘‘(C) provide aviation and marine support 

23 for other Federal, State, and local law enforce24 ment agency needs, as appropriate; and 


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1 ‘‘(D) carry out other duties and powers 

2 prescribed by the Commissioner. 

3 ‘‘(g) OFFICE OF FIELD OPERATIONS.— 

4 ‘‘(1) IN GENERAL.—There is established in 

5 United States Customs and Border Protection an 

6 Office of Field Operations. 

7 ‘‘(2) ASSISTANT COMMISSIONER.—There shall 

8 be at the head of the Office of Field Operations an 

9 Assistant Commissioner, who shall report to the 

10 Commissioner. 

11 ‘‘(3) DUTIES.—The Office of Field Operations 

12 shall coordinate the enforcement activities of United 

13 States Customs and Border Protection at United 

14 States air, land, and sea ports of entry to— 

15 ‘‘(A) deter and prevent terrorists and ter16 rorist weapons from entering the United States 

17 at such ports of entry; 

18 ‘‘(B) conduct inspections at such ports of 

19 entry to safeguard the United States from ter20 rorism and illegal entry of persons; 

21 ‘‘(C) prevent illicit drugs, agricultural 

22 pests, and contraband from entering the United 

23 States; 


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1 ‘‘(D) in coordination with the Commis2 sioner, facilitate and expedite the flow of legiti3 mate travelers and trade; 

4 ‘‘(E) administer the National Targeting 

5 Center established under paragraph (4); and 

6 ‘‘(F) carry out other duties and powers 

7 prescribed by the Commissioner. 

8 ‘‘(4) NATIONAL TARGETING CENTER.— 

9 ‘‘(A) IN GENERAL.—There is established in 

10 the Office of Field Operations a National Tar11 geting Center. 

12 ‘‘(B) EXECUTIVE DIRECTOR.—There shall 

13 be at the head of the National Targeting Center 

14 an Executive Director, who shall report to the 

15 Assistant Commissioner of the Office of Field 

16 Operations. 

17 ‘‘(C) DUTIES.—The National Targeting 

18 Center shall— 

19 ‘‘(i) serve as the primary forum for 

20 targeting operations within United States 

21 Customs and Border Protection to collect 

22 and analyze traveler and cargo information 

23 in advance of arrival in the United States; 

24 ‘‘(ii) identify, review, and target trav25 elers and cargo for examination; 


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1 ‘‘(iii) coordinate the examination of 

2 entry and exit of travelers and cargo; and 

3 ‘‘(iv) carry out other duties and pow4 ers prescribed by the Assistant Commis5 sioner. 

6 ‘‘(5) ANNUAL REPORT ON STAFFING.—Not 

7 later than 30 days after the date of the enactment 

8 of this section and annually thereafter, the Assistant 

9 Commissioner shall submit to the appropriate con10 gressional committees a report on the staffing model 

11 for the Office of Field Operations, including infor12 mation on how many supervisors, front-line United 

13 States Customs and Border Protection officers, and 

14 support personnel are assigned to each Field Office 

15 and port of entry. 

16 ‘‘(h) OFFICE OF INTELLIGENCE AND INVESTIGATIVE

17 LIAISON.— 

18 ‘‘(1) IN GENERAL.—There is established in 

19 United States Customs and Border Protection an 

20 Office of Intelligence and Investigative Liaison. 

21 ‘‘(2) ASSISTANT COMMISSIONER.—There shall 

22 be at the head of the Office of Intelligence and In23 vestigative Liaison an Assistant Commissioner, who 

24 shall report to the Commissioner. 


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1 ‘‘(3) DUTIES.—The Office of Intelligence and 

2 Investigative Liaison shall— 

3 ‘‘(A) develop, provide, coordinate, and im4 plement intelligence capabilities into a cohesive 

5 intelligence enterprise to support the execution 

6 of the United States Customs and Border Pro7 tection duties and responsibilities; 

8 ‘‘(B) collect and analyze advance traveler 

9 and cargo information; 

10 ‘‘(C) establish, in coordination with the 

11 Chief Intelligence Officer of the Department, as 

12 appropriate, intelligence-sharing relationships 

13 with Federal, State, local, and tribal agencies 

14 and intelligence agencies; and 

15 ‘‘(D) carry out other duties and powers 

16 prescribed by the Commissioner. 

17 ‘‘(i) OFFICE OF INTERNATIONAL AFFAIRS.— 

18 ‘‘(1) IN GENERAL.—There is established in 

19 United States Customs and Border Protection an 

20 Office of International Affairs. 

21 ‘‘(2) ASSISTANT COMMISSIONER.—There shall 

22 be at the head of the Office of International Affairs 

23 an Assistant Commissioner, who shall report to the 

24 Commissioner. 


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1 ‘‘(3) DUTIES.—The Office of International Af2 fairs, in collaboration with the Office of Inter3 national Affairs of the Department, shall— 

4 ‘‘(A) coordinate and support United States 

5 Customs and Border Protection’s foreign initia6 tives, policies, programs, and activities; 

7 ‘‘(B) coordinate and support United States 

8 Customs and Border Protection’s personnel sta9 tioned abroad; 

10 ‘‘(C) maintain partnerships and informa11 tion sharing agreements and arrangements with 

12 foreign governments, international organiza13 tions, and United States agencies in support of 

14 United States Customs and Border Protection 

15 duties and responsibilities; 

16 ‘‘(D) provide necessary capacity building, 

17 training, and assistance to foreign border con18 trol agencies to strengthen global supply chain 

19 and travel security; 

20 ‘‘(E) coordinate mission support services to 

21 sustain United States Customs and Border Pro22 tection’s global activities; 

23 ‘‘(F) coordinate, in collaboration with the 

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1 tection’s engagement in international negotia2 tions; and 

3 ‘‘(G) carry out other duties and powers 

4 prescribed by the Commissioner. 

5 ‘‘(j) OFFICE OF INTERNAL AFFAIRS.— 

6 ‘‘(1) IN GENERAL.—There is established in 

7 United States Customs and Border Protection an 

8 Office of Internal Affairs. 

9 ‘‘(2) ASSISTANT COMMISSIONER.—There shall 

10 be at the head of the Office of Internal Affairs an 

11 Assistant Commissioner, who shall report to the 

12 Commissioner. 

13 ‘‘(3) DUTIES.—The Office of Internal Affairs 

14 shall— 

15 ‘‘(A) investigate criminal and administra16 tive matters and misconduct by officers, agents, 

17 and other employees of United States Customs 

18 and Border Protection; 

19 ‘‘(B) perform investigations of United 

20 States Customs and Border Protection appli21 cants and periodic reinvestigations (in accord22 ance with section 3001 of the Intelligence Re23 form and Terrorism Prevention Act of 2004 (50 

24 U.S.C. 3341; Public Law 108–458)) of officers, 

25 agents, and other employees of United States 


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1 Custom and Border Protection, including inves2 tigations to determine suitability for employ3 ment and eligibility for access to classified in4 formation; 

5 ‘‘(C) conduct polygraph examinations in 

6 accordance with section 3(1) of the Anti-Border 

7 Corruption Act of 2010 (Public Law 111–376); 

8 ‘‘(D) perform inspections of United States 

9 Customs and Border Protection programs, op10 erations, and offices; 

11 ‘‘(E) conduct risk-based covert testing of 

12 United States Customs and Border Protection 

13 operations, including for nuclear and radio14 logical risks; 

15 ‘‘(F) manage integrity of United States 

16 Customs and Border Protection counter-intel17 ligence operations, including conduct of 

18 counter-intelligence investigations; 

19 ‘‘(G) conduct research and analysis regard20 ing misconduct of officers, agents, and other 

21 employees of United States Customs and Bor22 der Protection; and 

23 ‘‘(H) carry out other duties and powers 

24 prescribed by the Commissioner. 

25 ‘‘(k) STANDARD OPERATING PROCEDURES.— 


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1 ‘‘(1) IN GENERAL.—The Commissioner shall es2 tablish— 

3 ‘‘(A) standard operating procedures for 

4 searching, reviewing, retaining, and sharing in5 formation contained in communication, elec6 tronic, or digital devices encountered by United 

7 States Customs and Border Protection per8 sonnel at United States ports of entry; 

9 ‘‘(B) standard use of force procedures offi10 cers and agents of United States Customs and 

11 Border Protection may employ in the execution 

12 of their duties, including the use of deadly force 

13 and procedures for deescalating confrontations, 

14 where possible; 

15 ‘‘(C) a uniform, standardized, and pub16 lically-available procedure for processing and in17 vestigating complaints against officers, agents, 

18 and employees of United States Customs and 

19 Border Protection for violations of professional 

20 conduct, including the timely disposition of 

21 complaints and a written notification to the 

22 complainant of the status or outcome, as appro23 priate, of the related investigation, in accord24 ance with section 552a of title 5, United States 


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1 Code (commonly referred to as the ‘Privacy 

2 Act’ or the ‘Privacy Act of 1974’); 

3 ‘‘(D) an internal, uniform reporting mech4 anism regarding incidents involving the use of 

5 deadly force by an officer or agent of United 

6 States Customs and Border Protection, includ7 ing an evaluation of the degree to which the 

8 procedures required under subparagraph (B) 

9 were followed; and 

10 ‘‘(E) standard operating procedures, acting 

11 through the Assistant Commissioner for Air 

12 and Marine Operations and in coordination 

13 with the Office of Civil Rights and Civil Lib14 erties and the Office of Privacy of the Depart15 ment, to provide command, control, communica16 tion, surveillance, and reconnaissance assistance 

17 through the use of unmanned aerial systems, 

18 including the establishment of— 

19 ‘‘(i) a process for other Federal, 

20 State, and local law enforcement agencies 

21 to submit mission requests; 

22 ‘‘(ii) a formal procedure to determine 

23 whether to approve or deny such a mission 

24 request; 


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1 ‘‘(iii) a formal procedure to determine 

2 how such mission requests are prioritized 

3 and coordinated; 

4 ‘‘(iv) a process for establishing agree5 ments with other Federal, State, and local 

6 law enforcement agencies regarding reim7 bursement for such mission costs; and 

8 ‘‘(v) a process regarding the protec9 tion and privacy of data and images col10 lected by United States Customs and Bor11 der Protection through the use of un12 manned aerial systems. 

13 ‘‘(2) REQUIREMENTS REGARDING CERTAIN NO14 TIFICATIONS.—The standard operating procedures 

15 established pursuant to subparagraph (A) of para16 graph (1) shall require— 

17 ‘‘(A) in the case of a search of information 

18 conducted on an electronic device by United 

19 States Customs and Border Protection per20 sonnel, the Commissioner to notify the indi21 vidual subject to such search of the purpose 

22 and authority for such search, and how such in23 dividual may obtain information on reporting 

24 concerns about such search; and 


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1 ‘‘(B) in the case of information collected 

2 by United States Customs and Border Protec3 tion through a search of an electronic device, if 

4 such information is transmitted to another Fed5 eral agency for subject matter assistance, trans6 lation, or decryption, the Commissioner to no7 tify the individual subject to such search of 

8 such transmission. 

9 ‘‘(3) EXCEPTIONS.— 

10 ‘‘(A) IN GENERAL.—The Commissioner 

11 may withhold the notifications required under 

12 paragraphs (1)(C) and (2) if the Commissioner 

13 determines that such notifications would impair 

14 national security, law enforcement, or other 

15 operational interests. 

16 ‘‘(B) TERRORIST WATCH LISTS.— 

17 ‘‘(i) SEARCHES.—If the individual 

18 subject to search of an electronic device 

19 pursuant to subparagraph (A) of para20 graph (1) is included on a Government-op21 erated or Government-maintained terrorist 

22 watch list, the notifications required under 

23 paragraph (2) shall not apply. 

24 ‘‘(ii) COMPLAINTS.—If the complain25 ant using the process established under 


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1 subparagraph (C) of paragraph (1) is in2 cluded on a Government-operated or Gov3 ernment-maintained terrorist watch list, 

4 the notification required under such sub5 paragraph shall not apply. 

6 ‘‘(4) UPDATE AND REVIEW.—The Commis7 sioner shall review and update every three years the 

8 standard operating procedures required under this 

9 subsection. 

10 ‘‘(5) AUDITS.—The Inspector General of the 

11 Department of Homeland Security shall develop and 

12 annually administer an auditing mechanism to re13 view whether searches of electronic devices at or be14 tween United States ports of entry are being con15 ducted in conformity with the standard operating 

16 procedures required under subparagraph (A) of 

17 paragraph (1). Such audits shall be submitted to the 

18 appropriate congressional committees and shall in19 clude the following: 

20 ‘‘(A) A description of the activities of offi21 cers and agents of United States Customs and 

22 Border Protection with respect to such 

23 searches. 

24 ‘‘(B) The number of such searches. 


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1 ‘‘(C) The number of instances in which in2 formation contained in such devices that were 

3 subjected to such searches was retained, copied, 

4 shared, or entered in an electronic database. 

5 ‘‘(D) The number of such devices detained 

6 as the result of such searches. 

7 ‘‘(E) The number of instances in which in8 formation collected from such device was sub9 jected to such searches was transmitted to a 

10 another Federal agency, including whether such 

11 transmission resulted in a prosecution or con12 viction. 

13 ‘‘(6) REQUIREMENTS REGARDING OTHER NOTI14 FICATIONS.—The standard operating procedures es15 tablished pursuant to subparagraph (B) of para16 graph (1) shall require— 

17 ‘‘(A) in the case of an incident of the use 

18 of deadly force by United States Customs and 

19 Border Protection personnel, the Commissioner 

20 to notify the appropriate congressional commit21 tees; and 

22 ‘‘(B) the Commissioner to provide to such 

23 committees a copy of the evaluation pursuant to 

24 subparagraph (D) of such paragraph not later 


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1 than 30 days after completion of such evalua2 tion. 

3 ‘‘(7) REPORT ON UNMANNED AERIAL SYS4 TEMS.—The Commissioner shall submit to the ap5 propriate congressional committees an annual report 

6 that reviews whether the use of unmanned aerial 

7 systems are being conducted in conformity with the 

8 standard operating procedures required under sub9 paragraph (E) of paragraph (1). Such reports— 

10 ‘‘(A) shall be submitted with the Presi11 dent’s annual budget; 

12 ‘‘(B) may be submitted in classified form 

13 if the Commissioner determines that such is ap14 propriate, and 

15 ‘‘(C) shall include— 

16 ‘‘(i) a detailed description of how, 

17 where, and for how long data and images 

18 collected through the use of unmanned aer19 ial systems by United States Customs and 

20 Border Protection is collected and stored; 

21 and 

22 ‘‘(ii) a list of Federal, State, and local 

23 law enforcement agencies that submitted 

24 mission requests in the previous year and 

25 the disposition of such requests. 


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1 ‘‘(l) TRAINING.—The Commissioner shall require all 

2 officers and agents of United States Customs and Border 

3 Protection to participate in a specified amount of con4 tinuing education (to be determined by the Commissioner) 

5 to maintain an understanding of Federal legal rulings, 

6 court decisions, and departmental policies, procedures, 

7 and guidelines. 

8 ‘‘(m) SHORT TERM DETENTION STANDARDS.— 

9 ‘‘(1) ACCESS TO FOOD AND WATER.—The Com10 missioner shall make every effort to ensure that ade11 quate access to food and water is provided to an in12 dividual apprehended and detained by a United 

13 States Border Patrol agent between a United States 

14 port of entry as soon as practicable following the 

15 time of such apprehension or during subsequent 

16 short term detention. 

17 ‘‘(2) ACCESS TO INFORMATION ON DETAINEE

18 RIGHTS AT BORDER PATROL PROCESSING CEN19 TERS.— 

20 ‘‘(A) IN GENERAL.—The Commissioner 

21 shall ensure that an individual apprehended by 

22 a United States Border Patrol agent is provided 

23 with information concerning such individual’s 

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1 resentative of such individual’s government for 

2 purposes of United States treaty obligations. 

3 ‘‘(B) FORM.—The information referred to 

4 in subparagraph (A) may be provided either 

5 verbally or in writing, and shall be posted in the 

6 detention holding cell in which such individual 

7 is being held. The information shall be provided 

8 in a language understandable to such indi9 vidual. 

10 ‘‘(3) SHORT TERM DETENTION DEFINED.—In 

11 this subsection, the term ‘short term detention’ 

12 means detention in a United States Border Patrol 

13 processing center for 72 hours or less, before repa14 triation to a country of nationality or last habitual 

15 residence. 

16 ‘‘(4) REPORT ON PROCUREMENT PROCESS AND

17 STANDARDS.—Not later than 180 days after the 

18 date of the enactment of this section, the Comp19 troller General of the United States shall submit to 

20 the appropriate congressional committees a report 

21 on the procurement process and standards of enti22 ties with which United States Customs and Border 

23 Protection has contracts for the transportation and 

24 detention of individuals apprehended by agents or 

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1 tection. Such report should also consider the oper2 ational efficiency of contracting the transportation 

3 and detention of such individuals. 

4 ‘‘(5) REPORT ON INSPECTIONS OF SHORT-TERM

5 CUSTODY FACILITIES.—The Commissioner shall— 

6 ‘‘(A) annually inspect all facilities utilized 

7 for short term detention; and 

8 ‘‘(B) make publically available information 

9 collected pursuant to such inspections, including 

10 information regarding the requirements under 

11 paragraphs (1) and (2) and, where appropriate, 

12 issue recommendations to improve the condi13 tions of such facilities. 

14 ‘‘(n) WAIT TIMES TRANSPARENCY.— 

15 ‘‘(1) IN GENERAL.—The Commissioner shall— 

16 ‘‘(A) publish live wait times at the 20 

17 United States airports that support the highest 

18 volume of international travel (as determined by 

19 available Federal flight data); 

20 ‘‘(B) make information about such wait 

21 times available to the public in real time 

22 through the United States Customs and Border 

23 Protection Web site; 

24 ‘‘(C) submit to the appropriate congres25 sional committees quarterly reports that include 


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1 compilations of all such wait times and a rank2 ing of such United States airports by wait 

3 times; and 

4 ‘‘(D) provide adequate staffing at the 

5 United States Customs and Border Protection 

6 information center to ensure timely access for 

7 travelers attempting to submit comments or 

8 speak with a representative about their entry 

9 experiences. 

10 ‘‘(2) CALCULATION.—The wait times referred 

11 to in paragraph (1)(A) shall be determined by calcu12 lating the time elapsed between an individual’s entry 

13 into the United States Customs and Border Protec14 tion inspection area and such individual’s clearance 

15 by a United States Customs and Border Protection 

16 officer. 

17 ‘‘(o) OTHER AUTHORITIES.— 

18 ‘‘(1) IN GENERAL.—The Secretary may estab19 lish such other offices or Assistant Commissioners 

20 (or other similar officers or officials) as the Sec21 retary determines necessary to carry out the mis22 sions, duties, functions, and authorities of United 

23 States Customs and Border Protection. 

24 ‘‘(2) NOTIFICATION.—If the Secretary exercises 

25 the authority provided pursuant to paragraph (1), 


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1 the Secretary shall notify the appropriate congres2 sional committees not later than 30 days before ex3 ercising such authority. 

4 ‘‘(p) OTHER FEDERAL AGENCIES.—Nothing in this 

5 section may be construed as affecting in any manner the 

6 existing authority of any other Federal agency, including 

7 the Transportation Security Administration with respect 

8 to the duties of United States Customs and Border Pro9 tection described in subsection (c).’’. 

10 (b) SPECIAL RULES.— 

11 (1) TREATMENT.—Section 411 of the Home12 land Security Act of 2002, as amended by subsection 

13 (a) of this section, shall be treated as if included in 

14 such Act as of the date of the enactment of such 

15 Act, and, in addition to the functions, missions, du16 ties, and authorities specified in such amended sec17 tion 411, United States Customs and Border Protec18 tion shall continue to perform and carry out the 

19 functions, missions, duties, and authorities under 

20 section 411 of such Act as in existence on the day 

21 before such date of enactment, and section 415 of 

22 such Act. 

23 (2) RULES OF CONSTRUCTION.— 

24 (A) RULES AND REGULATIONS.—Notwith25 standing paragraph (1), nothing in this Act 


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1 may be construed as affecting in any manner 

2 any rule or regulation issued or promulgated 

3 pursuant to any provision of law, including sec4 tion 411 of the Homeland Security Act of 2002 

5 as in existence on the day before the date of the 

6 enactment of this Act, and any such rule or 

7 regulation shall continue to have full force and 

8 effect on and after such date. 

9 (B) OTHER ACTIONS.—Notwithstanding 

10 paragraph (1), nothing in this Act may be con11 strued as affecting in any manner any action, 

12 determination, policy, or decision pursuant to 

13 section 411 of the Homeland Security Act of 

14 2002 as in existence on the day before the date 

15 of the enactment of this Act, and any such ac16 tion, determination, policy, or decision shall 

17 continue to have full force and effect on and 

18 after such date. 

19 (c) CONTINUATION IN OFFICE.— 

20 (1) COMMISSIONER.—The individual serving as 

21 the Commissioner of Customs on the day before the 

22 date of the enactment of this Act may serve as the 

23 Commissioner of United States Customs and Border 

24 Protection on and after such date of enactment until 

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1 der Protection is appointed under section 411 of the 

2 Homeland Security Act of 2002, as amended by sub3 section (a) of this section. 

4 (2) OTHER POSITIONS.—The individuals serv5 ing as Assistant Commissioners and other officers 

6 and officials under section 411 of the Homeland Se7 curity Act of 2002 on the day before the date of the 

8 enactment of this Act may serve as the appropriate 

9 Assistant Commissioners and other officers and offi10 cials under such section 411 as amended by sub11 section (a) of this section unless the Commissioner 

12 of United States Customs and Border Protection de13 termines that another individual should hold such 

14 position or positions. 

15 (d) REFERENCE.— 

16 (1) TITLE 5.—Section 5314 of title 5, United 

17 States Code, is amended by striking ‘‘Commissioner 

18 of Customs, Department of Homeland Security’’ and 

19 inserting ‘‘Commissioner of United States Customs 

20 and Border Protection, Department of Homeland 

21 Security’’. 

22 (2) OTHER REFERENCES.—On and after the 

23 date of the enactment of this Act, any reference in 

24 law or regulations to the ‘‘Commissioner of Cus25 toms’’ or the ‘‘Commissioner of the Customs ServVerDate Sep 11 2014 00:37 Feb 19, 2015 Jkt 049200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H878.IH H878

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1 ice’’ shall be deemed to be a reference to the Com2 missioner of United States Customs and Border 

3 Protection. 

4 (e) CLERICAL AMENDMENT.—The table of contents 

5 in section 1(b) of the Homeland Security Act of 2002 (6 

6 U.S.C. 101 et seq.) is amended by striking the item relat7 ing to section 411 and inserting the following new item: 

‘‘Sec. 411. Establishment of United States Customs and Border Protection; 

Commissioner, Deputy Commissioner, and operational offices.’’. 

8 SEC. 3. REPEALS. 

9 Sections 416, 418, and 443 of the Homeland Security 

10 Act of 2002 (6 U.S.C. 216, 218, and 253), and the items 

11 relating to such sections in the table of contents in section 

12 1(b) of such Act, are repealed. 

13 SEC. 4. CLERICAL AND CONFORMING AMENDMENTS. 

14 (a) IN GENERAL.—The Homeland Security Act of 

15 2002 (6 U.S.C. 101 et seq.) is amended— 

16 (1) in title I— 

17 (A) in section 102(f)(10) (6 U.S.C. 

18 112(f)(10)), by striking ‘‘the Directorate of 

19 Border and Transportation Security’’ and in20 serting ‘‘Commissioner of United States Cus21 toms and Border Protection’’; and 

22 (B) in section 103(a)(1) (6 U.S.C. 

23 113(a)(1))— 


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1 (i) in subparagraph (C), by striking 

2 ‘‘An Under Secretary for Border and 

3 Transportation Security.’’ and inserting 

4 ‘‘A Commissioner of United States Cus5 toms and Border Protection.’’; and 

6 (ii) in subparagraph (G), by striking 

7 ‘‘A Director of the Office of Counter8 narcotics Enforcement.’’ and inserting ‘‘A 

9 Director for United States Immigration 

10 and Customs Enforcement.’’; and 

11 (2) in title IV— 

12 (A) by striking the title heading and in13 serting ‘‘BORDER, MARITIME, AND 

14 TRANSPORTATION SECURITY’’; 

15 (B) in subtitle A— 

16 (i) by striking the subtitle heading 

17 and inserting ‘‘Border, Maritime, and 

18 Transportation Security Respon19 sibilities and Functions’’; and 

20 (ii) in section 402 (6 U.S.C. 202)— 

21 (I) in the section heading, by 

22 striking ‘‘RESPONSIBILITIES’’ and 

23 inserting ‘‘BORDER, MARITIME, 

24 AND TRANSPORTATION RESPON25 SIBILITIES’’; and 


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1 (II) by striking ‘‘, acting through 

2 the Under Secretary for Border and 

3 Transportation Security,’’; 

4 (C) in subtitle B— 

5 (i) by striking the subtitle heading 

6 and inserting ‘‘United States Cus7 toms and Border Protection’’; 

8 (ii) in section 412(b) (6 U.S.C. 212), 

9 by striking ‘‘United States Customs Serv10 ice’’ each place it appears and inserting 

11 ‘‘United States Customs and Border Pro12 tection’’; 

13 (iii) in section 413 (6 U.S.C. 213), by 

14 striking ‘‘available to the United States 

15 Customs Service or’’; 

16 (iv) in section 414 (6 U.S.C. 214), by 

17 striking ‘‘United States Customs Service’’ 

18 and inserting ‘‘United States Customs and 

19 Border Protection’’; and 

20 (v) in section 415 (6 U.S.C. 215)— 

21 (I) in paragraph (7), by inserting 

22 before the colon the following: ‘‘, and 

23 of United States Customs and Border 

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1 toms and Border Protection Author2 ization Act’’; and 

3 (II) in paragraph (8), by insert4 ing before the colon the following: ‘‘, 

5 and of United States Customs and 

6 Border Protection on the day before 

7 the effective date of the United States 

8 Customs and Border Protection Au9 thorization Act’’; 

10 (D) in subtitle C— 

11 (i) by striking section 424 (6 U.S.C. 

12 234) and inserting the following new sec13 tion: 

14 ‘‘SEC. 424. PRESERVATION OF TRANSPORTATION SECURITY 

15 ADMINISTRATION AS A DISTINCT ENTITY. 

16 ‘‘Notwithstanding any other provision of this Act, the 

17 Transportation Security Administration shall be main18 tained as a distinct entity within the Department.’’; and 

19 (ii) in section 430 (6 U.S.C. 238)— 

20 (I) by amending subsection (a) to 

21 read as follows: 

22 ‘‘(a) ESTABLISHMENT.—There is established in the 

23 Department an Office for Domestic Preparedness.’’; 

24 (II) in subsection (b), by striking 

25 the second sentence; and 


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1 (III) in subsection (c)(7), by 

2 striking ‘‘Directorate’’ and inserting 

3 ‘‘Department’’; and 

4 (E) in subtitle D— 

5 (i) in section 441 (6 U.S.C. 251)— 

6 (I) by striking the section head7 ing and inserting ‘‘TRANSFER OF

8 FUNCTIONS’’; and 

9 (II) by striking ‘‘Under Secretary 

10 for Border and Transportation Secu11 rity’’ and inserting ‘‘Secretary’’; and 

12 (ii) by amending section 444 (6 

13 U.S.C. 254) to read as follows: 

14 ‘‘SEC. 444. EMPLOYEE DISCIPLINE. 

15 ‘‘Notwithstanding any other provision of law, the Sec16 retary may impose disciplinary action on any employee of 

17 United States Immigration and Customs Enforcement and 

18 United States Customs and Border Protection who will19 fully deceives Congress or agency leadership on any mat20 ter.’’. 

21 (b) CONFORMING AMENDMENTS.—Section 401 of the 

22 Homeland Security Act of 2002 (6 U.S.C. 201) is re23 pealed. 


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1 (c) CLERICAL AMENDMENTS.—The table of contents 

2 in section 1(b) of the Homeland Security Act of 2002 is 

3 amended— 

4 (1) by striking the item relating to title IV and 

5 inserting the following: 

‘‘TITLE IV—BORDER, MARITIME, AND TRANSPORTATION 

SECURITY’’; 

6 (2) by striking the item relating to subtitle A 

7 of title IV and inserting the following: 

‘‘Subtitle A—Border, Maritime, and Transportation Security Responsibilities 

and Functions’’; 

8 (3) by striking the item relating to section 401; 

9 (4) by striking the item relating to subtitle B 

10 of title IV and inserting the following: 

‘‘Subtitle B—United States Customs and Border Protection’’; 

11 (5) by striking the item relating to section 441 

12 and inserting the following: 

‘‘Sec. 441. Transfer of functions.’’; 

13 and 

14 (6) by striking the item relating to section 442 

15 and inserting the following: 

‘‘Sec. 442. United States Immigration and Customs Enforcement.’’. 

16 SEC. 5. REPORTS AND ASSESSMENTS. 

17 (a) REPORT ON BUSINESS TRANSFORMATION INITIA18 TIVE.—Not later than 90 days after the date of the enact19 ment of this Act, the Commissioner of United States Cus20 toms and Border Protection shall submit to the Committee 


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1 on Homeland Security and the Committee on Ways and 

2 Means of the House of Representatives and the Committee 

3 on Homeland Security and Governmental Affairs and the 

4 Committee on Finance of the Senate a report on United 

5 States Customs and Border Protection’s Business Trans6 formation Initiative, including locations where the Initia7 tive is deployed, the types of equipment utilized, a descrip8 tion of protocols and procedures, information on wait 

9 times at such locations since deployment, and information 

10 regarding the schedule for deployment at new locations. 

11 (b) PORT OF ENTRY INFRASTRUCTURE NEEDS AS12 SESSMENTS.—Not later 180 days after the date of the en13 actment of this Act, the Commissioner of United States 

14 Customs and Border Protection shall assess the physical 

15 infrastructure and technology needs at the 20 busiest land 

16 ports of entry (as measured by United States Customs and 

17 Border Protection) with a particular attention to identify 

18 ways to— 

19 (1) improve travel and trade facilitation; 

20 (2) reduce wait times; 

21 (3) improve physical infrastructure and condi22 tions for individuals accessing pedestrian ports of 

23 entry; 

24 (4) enter into long-term leases with nongovern25 mental and private sector entities; 


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1 (5) enter into lease-purchase agreements with 

2 nongovernmental and private sector entities; and 

3 (6) achieve cost savings through leases de4 scribed in paragraphs (4) and (5). 

5 (c) PERSONAL SEARCHES.—Not later than 90 days 

6 after the date of the enactment of this Act, the Commis7 sioner of United States Customs and Border Protection 

8 shall submit to the Committee on Homeland Security of 

9 the House of Representatives and the Committee on 

10 Homeland Security and Governmental Affairs of the Sen11 ate a report on supervisor-approved personal searches con12 ducted in the previous year by United States Customs and 

13 Border Protection personnel. Such report shall include the 

14 number of personal searches conducted in each sector and 

15 field office, the number of invasive personal searches con16 ducted in each sector and field office, whether personal 

17 searches were conducted by Office of Field Operations or 

18 United States Border Patrol personnel, and how many 

19 personal searches resulted in the discovery of contraband. 

20 SEC. 6. TRUSTED TRAVELER PROGRAMS. 

21 The Secretary of Homeland Security may not enter 

22 into or renew an agreement with the government of a for23 eign country for a trusted traveler program administered 

24 by United States Customs and Border Protection unless 

25 the Secretary certifies in writing that such government— 


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1 (1) routinely submits to INTERPOL for inclu2 sion in INTERPOL’s Stolen and Lost Travel Docu3 ments database information about lost and stolen 

4 passports and travel documents of the citizens and 

5 nationals of such country; or 

6 (2) makes available to the United States Gov7 ernment the information described in paragraph (1) 

8 through another means of reporting. 

9 SEC. 7. SENSE OF CONGRESS REGARDING THE FOREIGN 

10 LANGUAGE AWARD PROGRAM. 

11 (a) FINDINGS.—Congress finds the following: 

12 (1) Congress established the Foreign Language 

13 Award Program (FLAP) to incentivize employees at 

14 United States ports of entry to utilize their foreign 

15 language skills on the job by providing a financial 

16 incentive for the use of the foreign language for at 

17 least ten percent of their duties after passage of 

18 competency tests. FLAP incentivizes the use of more 

19 than two dozen languages and has been instrumental 

20 in identifying and utilizing United States Customs 

21 and Border Protection officers and agents who are 

22 proficient in a foreign language. 

23 (2) In 1993, Congress provided for dedicated 

24 funding for this program by stipulating that certain 


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1 fees collected by United States Customs and Border 

2 Protection to fund FLAP. 

3 (3) Through FLAP, foreign travelers are aided 

4 by having an officer at a port of entry who speaks 

5 their language, and United States Customs and Bor6 der Protection benefits by being able to focus its 

7 border security efforts in a more effective manner. 

8 (b) SENSE OF CONGRESS.—It is the sense of Con9 gress that FLAP incentivizes United States Customs and 

10 Border Protection officers and agents to attain and main11 tain competency in a foreign language, thereby improving 

12 the efficiency of operations for the functioning of United 

13 States Customs and Border Protection’s security mission, 

14 making the United States a more welcoming place when 

15 foreign travelers find officers can communicate in their 

16 language, and helping to expedite traveler processing to 

17 reduce wait times. 

18 SEC. 8. PROHIBITION ON NEW APPROPRIATIONS. 

19 No additional funds are authorized to be appro20 priated to carry out this Act and the amendments made 

21 by this Act, and this Act and such amendments shall be 

22 carried out using amounts otherwise made available for 

23 such purposes. 

Æ 


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