229 
(7) Conducting the inspection and related administrative functions of 
the Department of Agriculture transferred to the Secretary under sub-
section (b)(2). 
(8) In carrying out the foregoing responsibilities, ensuring the 
speedy, orderly, and efficient flow of lawful traffic and commerce. 
(b) FUNCTIONS TRANSFERRED.— 
(1) IN GENERAL.—The Secretary succeeds to the functions, per-
sonnel, assets, and liabilities of— 
(A) the United States Customs Service of the Department of 
the Treasury, including the functions of the Secretary of the 
Treasury relating thereto; 
(B) the Transportation Security Administration of the Depart-
ment of Transportation, including the functions of the Secretary 
of Transportation, and of the Under Secretary of Transportation 
for Security, relating thereto; 
(C) the Federal Protective Service of the General Services Ad-
ministration, including the functions of the Administrator of Gen-
eral Services relating thereto; 
(D) the Federal Law Enforcement Training Center of the De-
partment of the Treasury; and 
(E) the Office for Domestic Preparedness of the Office of Jus-
tice Programs, including the functions of the Attorney General re-
lating to the Federal Protective Service. 
(2) CERTAIN AGRICULTURAL INSPECTION FUNCTIONS OF THE DE-
PARTMENT OF AGRICULTURE.— 
(A) EXCLUSION OF QUARANTINE ACTIVITIES.—In this section, 
the term ‘‘functions’’ does not include quarantine activities carried 
out under the laws specified in subparagraph (B). 
(B) TRANSFER OF AGRICULTURAL IMPORT AND ENTRY IN-
SPECTION FUNCTIONS.—The Secretary succeeds to the functions 
of the Secretary of Agriculture relating to agricultural import and 
entry inspection activities under the following laws: 
(i) Section 1 of the Act of August 31, 1922 (known as the 
Honeybee Act) (7 U.S.C. 281). 
(ii) Title III of the Federal Seed Act (7 U.S.C. 1581 et 
seq.). 
(iii) The Plant Protection Act (7 U.S.C. 7701 et seq.). 
(iv) The Animal Health Protection Act (7 U.S.C. 8301 et 
seq.). 
(v) Section 11 of the Endangered Species Act of 1973 (16 
U.S.C. 1540). 
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230 
(vi) The Lacey Act Amendments of 1981 (16 U.S.C. 3371 
et seq.). 
(vii) The 8th paragraph under the heading ‘‘Bureau of Ani-
mal Industry’’ in the Act of March 4, 1913 (known as the 
Virus-Serum-Toxin Act) (21 U.S.C. 151 et seq.). 
(C) EFFECT OF TRANSFER.— 
(i) COMPLIANCE
WITH
DEPARTMENT
OF
AGRICULTURE 
REGULATIONS.—The authority transferred under subpara-
graph (B) shall be exercised by the Secretary in accordance 
with the regulations, policies, and procedures issued by the 
Secretary of Agriculture regarding the administration of the 
laws specified in subparagraph (B). 
(ii) RULEMAKING COORDINATION.—The Secretary of Agri-
culture shall coordinate with the Secretary when the Sec-
retary of Agriculture prescribes regulations, policies, or proce-
dures for administering the functions transferred under sub-
paragraph (B) under a law specified in subsection (B). 
(iii) EFFECTIVE ADMINISTRATION.—The Secretary, in con-
sultation with the Secretary of Agriculture, may issue direc-
tives and guidelines necessary to ensure the effective use of 
personnel of the Department to carry out the functions trans-
ferred under subparagraph (B). 
(D) PERIODIC TRANSFER OF FUNDS TO DEPARTMENT.—Out of 
funds collected by fees authorized under sections 2508 and 2509 
of the Food, Agriculture, Conservation, and Trade Act of 1990 
(21 U.S.C. 136, 136a), the Secretary of Agriculture shall transfer, 
from time to time to the Secretary, funds for activities carried out 
by the Secretary for which fees were collected. The proportion of 
fees collected that are transferred to the Secretary under this sub-
paragraph may not exceed the proportion of costs incurred by the 
Secretary to all costs incurred to carry out activities funded by the 
fees. 
§ 10902. Commissioner of U.S. Customs and Border Protec-
tion 
(a) 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 the terms in section 2 of the 
Trade Facilitation and Trade Enforcement Act of 2015 (19 U.S.C. 4301). 
(b) IN GENERAL.—The Commissioner of U.S. Customs and Border Pro-
tection (in this section referred to as the ‘‘Commissioner’’) shall— 
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231 
(1) coordinate and integrate the security, trade facilitation, and 
trade enforcement functions of U.S. Customs and Border Protection; 
(2) ensure the interdiction of individuals 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 individuals who 
may undermine the security of the United States, in cases in which the 
individuals 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 the term is defined in section 
101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)), in-
cluding— 
(A) the inspection, processing, and admission of individuals 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 individuals 
unlawfully entering, or who have recently unlawfully entered, the 
United States; 
(9) develop and implement screening and targeting capabilities, in-
cluding the screening, reviewing, identifying, and prioritizing of pas-
sengers and cargo across all international modes of transportation, 
both inbound and outbound; 
(10) in coordination with the Secretary, deploy technology to collect 
the data necessary for the Secretary to administer the biometric entry 
and exit data system pursuant to section 7208 of the Intelligence Re-
form and Terrorism Prevention Act of 2004 (8 U.S.C. 1365b); 
(11) enforce and administer the laws relating to agricultural import 
and entry inspection referred to in section 10901(b)(2) of this title; 
(12) in coordination with the Under Secretary for Management of 
the Department, ensure U.S. Customs and Border Protection complies 
with Federal law, the Federal Acquisition Regulation, and the Depart-
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ment’s acquisition management directives for major acquisition pro-
grams 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 
30505 of this title; and 
(B) the Customs-Trade Partnership Against Terrorism program 
under subchapter II of chapter 305 of this title; 
(15) conduct polygraph examinations in accordance with section 
10917(a)(1) of this title; 
(16) establish the standard operating procedures described in sub-
section (c); 
(17) carry out the training required under subsection (d); and 
(18) carry out other duties and powers prescribed by law or dele-
gated by the Secretary. 
(c) STANDARD OPERATING PROCEDURES.— 
(1) IN GENERAL.—The Commissioner shall establish— 
(A) standard operating procedures for searching, reviewing, re-
taining, 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 execu-
tion of their duties, including the use of deadly force; 
(C) a uniform, standardized, and publicly available procedure 
for processing and investigating complaints against officers, 
agents, and employees of U.S. Customs and Border Protection for 
violations of professional conduct, including the timely disposition 
of complaints and a written notification to the complainant of the 
status or outcome, as appropriate, of the related investigation, in 
accordance with section 552a of title 5 (known as the ‘‘Privacy 
Act’’ or the ‘‘Privacy Act of 1974’’); 
(D) an internal, uniform reporting mechanism regarding inci-
dents 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 Assistant 
Commissioner for Air and Marine Operations and in coordination 
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