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) intro-
duced the following bill; which was referred to the Committee on Home-
land 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 com-
mittee 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 establish-
ment of United States Customs and Border Protection, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘United States Customs 
and Border Protection Authorization Act’’. 
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SEC. 2. ESTABLISHMENT OF UNITED STATES CUSTOMS AND 
BORDER PROTECTION. 
(a) IN GENERAL.—Section 411 of the Homeland Se-
curity Act of 2002 (6 U.S.C. 211) is amended to read 
as follows: 
‘‘SEC. 411. ESTABLISHMENT OF UNITED STATES CUSTOMS 
AND BORDER PROTECTION; COMMISSIONER, 
DEPUTY COMMISSIONER, AND OPERATIONAL 
OFFICES. 
‘‘(a) IN GENERAL.—There is established in the De-
partment an agency to be known as United States Cus-
toms and Border Protection. 
‘‘(b) COMMISSIONER OF UNITED STATES CUSTOMS 
AND BORDER PROTECTION.—There shall be at the head 
of United States Customs and Border Protection a Com-
missioner of United States Customs and Border Protec-
tion (in this section referred to as the ‘Commissioner’), 
who shall be appointed by the President, by and with the 
advice and consent of the Senate. 
‘‘(c) DUTIES.—The Commissioner shall— 
‘‘(1) ensure the interdiction of persons and 
goods illegally entering or exiting the United States; 
‘‘(2) facilitate and expedite the flow of legiti-
mate travelers and trade; 
‘‘(3) detect, respond to, and interdict terrorists, 
drug smugglers and traffickers, human smugglers 
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and traffickers, and other persons who may under-
mine the security of the United States, in cases in 
which such persons are entering, or have recently 
entered, the United States; 
‘‘(4) safeguard the borders of the United States 
to protect against the entry of dangerous goods; 
‘‘(5) oversee the functions of the Office of 
International Trade established under section 402 of 
the Security and Accountability for Every Port Act 
of 2006 (19 U.S.C. 2072; Public Law 109–347); 
‘‘(6) enforce and administer all customs laws of 
the United States, including the Tariff Act of 1930; 
‘‘(7) develop and implement screening and tar-
geting capabilities, including the screening, review-
ing, identifying, and prioritizing of passengers and 
cargo across all international modes of transpor-
tation, both inbound and outbound; 
‘‘(8) in coordination with the Secretary, deploy 
technology to collect the data necessary for the Sec-
retary to administer the biometric entry and exit 
data system pursuant to section 7208 of the Intel-
ligence Reform and Terrorism Prevention Act of 
2004 (8 U.S.C. 1365b); 
‘‘(9) In coordination with the Under Secretary 
for Management of the Department, ensure United 
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States Customs and Border Protection complies with 
Federal law, the Federal Acquisition Regulation, and 
the Department’s acquisition management directives 
for major acquisition programs of United States 
Customs and Border Protection; 
‘‘(10) enforce and administer— 
‘‘(A) the Container Security Initiative pro-
gram under section 205 of the Security and Ac-
countability for Every Port Act of 2006 (6 
U.S.C. 945; Public Law 109–347); and 
‘‘(B) 
the 
Customs-Trade 
Partnership 
Against Terrorism program under sections 211 
through 223 of such Act (6 U.S.C. 961–973); 
‘‘(11) establish the standard operating proce-
dures described in subsection (k); 
‘‘(12) carry out the training required under 
subsection (l); and 
‘‘(13) carry out other duties and powers pre-
scribed by law or delegated by the Secretary. 
‘‘(d) DEPUTY COMMISSIONER.—There shall be in 
United States Customs and Border Protection a Deputy 
Commissioner who shall assist the Commissioner in the 
management of United States Customs and Border Pro-
tection. 
‘‘(e) UNITED STATES BORDER PATROL.— 
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‘‘(1) IN
GENERAL.—There is established in 
United States Customs and Border Protection the 
United States Border Patrol. 
‘‘(2) CHIEF.—There shall be at the head of the 
United States Border Patrol a Chief, who shall be 
a uniformed law enforcement officer chosen from the 
ranks of the United States Border Patrol and who 
shall report to the Commissioner. 
‘‘(3) DUTIES.—The United States Border Pa-
trol shall— 
‘‘(A) serve as the law enforcement office of 
United States Customs and Border Protection 
with primary responsibility for interdicting per-
sons attempting to illegally enter or exit the 
United States or goods being illegally imported 
to or exported from the United States at a 
place other than a designated port of entry; 
‘‘(B) deter and prevent illegal entry of ter-
rorists, terrorist weapons, persons, and contra-
band; and 
‘‘(C) carry out other duties and powers 
prescribed by the Commissioner. 
‘‘(f) OFFICE OF AIR AND MARINE OPERATIONS.— 
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‘‘(1) IN
GENERAL.—There is established in 
United States Customs and Border Protection an 
Office of Air and Marine Operations. 
‘‘(2) ASSISTANT
COMMISSIONER.—There shall 
be at the head of the Office of Air and Marine Oper-
ations an Assistant Commissioner, who shall report 
to the Commissioner. 
‘‘(3) DUTIES.—The Office of Air and Marine 
Operations shall— 
‘‘(A) serve as the law enforcement office 
within United States Customs and Border Pro-
tection 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 environ-
ment; 
‘‘(B) oversee the acquisition, maintenance, 
and operational use of United States Customs 
and Border Protection integrated air and ma-
rine forces; 
‘‘(C) provide aviation and marine support 
for other Federal, State, and local law enforce-
ment agency needs, as appropriate; and 
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‘‘(D) in coordination with the Commis-
sioner, facilitate and expedite the flow of legiti-
mate travelers and trade; 
‘‘(E) administer the National Targeting 
Center established under paragraph (4); and 
‘‘(F) 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 Tar-
geting Center. 
‘‘(B) EXECUTIVE DIRECTOR.—There shall 
be at the head of the National Targeting Center 
an Executive Director, who shall report to the 
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 United States 
Customs and Border Protection to collect 
and analyze traveler and cargo information 
in advance of arrival in the United States; 
‘‘(ii) identify, review, and target trav-
elers and cargo for examination; 
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‘‘(iii) coordinate the examination of 
entry and exit of travelers and cargo; and 
‘‘(iv) carry out other duties and pow-
ers prescribed by the Assistant Commis-
sioner. 
‘‘(5) ANNUAL
REPORT
ON
STAFFING.—Not 
later than 30 days after the date of the enactment 
of this section and annually thereafter, the Assistant 
Commissioner shall submit to the appropriate con-
gressional committees a report on the staffing model 
for the Office of Field Operations, including infor-
mation on how many supervisors, front-line United 
States Customs and Border Protection officers, and 
support personnel are assigned to each Field Office 
and port of entry. 
‘‘(h) OFFICE OF INTELLIGENCE AND INVESTIGATIVE 
LIAISON.— 
‘‘(1) IN
GENERAL.—There is established in 
United States Customs and Border Protection an 
Office of Intelligence and Investigative Liaison. 
‘‘(2) ASSISTANT
COMMISSIONER.—There shall 
be at the head of the Office of Intelligence and In-
vestigative Liaison an Assistant Commissioner, who 
shall report to the Commissioner. 
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‘‘(3) DUTIES.—The Office of Intelligence and 
Investigative Liaison shall— 
‘‘(A) develop, provide, coordinate, and im-
plement intelligence capabilities into a cohesive 
intelligence enterprise to support the execution 
of the United States Customs and Border Pro-
tection duties and responsibilities; 
‘‘(B) collect and analyze advance traveler 
and cargo information; 
‘‘(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; and 
‘‘(D) carry out other duties and powers 
prescribed by the Commissioner. 
‘‘(i) OFFICE OF INTERNATIONAL AFFAIRS.— 
‘‘(1) IN
GENERAL.—There is established in 
United States 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. 
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‘‘(3) DUTIES.—The Office of International Af-
fairs, in collaboration with the Office of Inter-
national Affairs of the Department, shall— 
‘‘(A) coordinate and support United States 
Customs and Border Protection’s foreign initia-
tives, policies, programs, and activities; 
‘‘(B) coordinate and support United States 
Customs and Border Protection’s personnel sta-
tioned abroad; 
‘‘(C) maintain partnerships and informa-
tion sharing agreements and arrangements with 
foreign governments, international organiza-
tions, and United States agencies in support of 
United States Customs and Border Protection 
duties and responsibilities; 
‘‘(D) provide necessary capacity building, 
training, and assistance to foreign border con-
trol agencies to strengthen global supply chain 
and travel security; 
‘‘(E) coordinate mission support services to 
sustain United States Customs and Border Pro-
tection’s global activities; 
‘‘(F) coordinate, in collaboration with the 
Office of Policy of the Department, as appro-
priate, United States Customs and Border Pro-
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tection’s engagement in international negotia-
tions; and 
‘‘(G) carry out other duties and powers 
prescribed by the Commissioner. 
‘‘(j) OFFICE OF INTERNAL AFFAIRS.— 
‘‘(1) IN
GENERAL.—There is established in 
United States Customs and Border Protection an 
Office of Internal Affairs. 
‘‘(2) ASSISTANT
COMMISSIONER.—There shall 
be at the head of the Office of Internal Affairs an 
Assistant Commissioner, who shall report to the 
Commissioner. 
‘‘(3) DUTIES.—The Office of Internal Affairs 
shall— 
‘‘(A) investigate criminal and administra-
tive matters and misconduct by officers, agents, 
and other employees of United States Customs 
and Border Protection; 
‘‘(B) perform investigations of United 
States Customs and Border Protection appli-
cants and periodic reinvestigations (in accord-
ance with section 3001 of the Intelligence Re-
form and Terrorism Prevention Act of 2004 (50 
U.S.C. 3341; Public Law 108–458)) of officers, 
agents, and other employees of United States 
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Custom and Border Protection, including inves-
tigations to determine suitability for employ-
ment and eligibility for access to classified in-
formation; 
‘‘(C) conduct polygraph examinations in 
accordance with section 3(1) of the Anti-Border 
Corruption Act of 2010 (Public Law 111–376); 
‘‘(D) perform inspections of United States 
Customs and Border Protection programs, op-
erations, and offices; 
‘‘(E) conduct risk-based covert testing of 
United States Customs and Border Protection 
operations, including for nuclear and radio-
logical risks; 
‘‘(F) manage integrity of United States 
Customs and Border Protection counter-intel-
ligence 
operations, 
including 
conduct 
of 
counter-intelligence investigations; 
‘‘(G) conduct research and analysis regard-
ing misconduct of officers, agents, and other 
employees of United States Customs and Bor-
der Protection; and 
‘‘(H) carry out other duties and powers 
prescribed by the Commissioner. 
‘‘(k) STANDARD OPERATING PROCEDURES.— 
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‘‘(1) IN GENERAL.—The Commissioner shall es-
tablish— 
‘‘(A) standard operating procedures for 
searching, reviewing, retaining, and sharing in-
formation contained in communication, elec-
tronic, or digital devices encountered by United 
States Customs and Border Protection per-
sonnel at United States ports of entry; 
‘‘(B) standard use of force procedures offi-
cers and agents of United States Customs and 
Border Protection may employ in the execution 
of their duties, including the use of deadly force 
and procedures for deescalating confrontations, 
where possible; 
‘‘(C) a uniform, standardized, and pub-
lically-available procedure for processing and in-
vestigating complaints against officers, agents, 
and employees of United States 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 appro-
priate, of the related investigation, in accord-
ance with section 552a of title 5, United States 
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Code (commonly referred to as the ‘Privacy 
Act’ or the ‘Privacy Act of 1974’); 
‘‘(D) an internal, uniform reporting mech-
anism regarding incidents involving the use of 
deadly force by an officer or agent of United 
States Customs and Border Protection, includ-
ing 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 
with the Office of Civil Rights and Civil Lib-
erties and the Office of Privacy of the Depart-
ment, to provide command, control, communica-
tion, 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; 
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‘‘(iii) a formal procedure to determine 
how such mission requests are prioritized 
and coordinated; 
‘‘(iv) a process for establishing agree-
ments with other Federal, State, and local 
law enforcement agencies regarding reim-
bursement for such mission costs; and 
‘‘(v) a process regarding the protec-
tion and privacy of data and images col-
lected by United States Customs and Bor-
der Protection through the use of un-
manned aerial systems. 
‘‘(2) REQUIREMENTS REGARDING CERTAIN NO-
TIFICATIONS.—The standard operating procedures 
established pursuant to subparagraph (A) of para-
graph (1) shall require— 
‘‘(A) in the case of a search of information 
conducted on an electronic device by United 
States Customs and Border Protection per-
sonnel, the Commissioner to notify the indi-
vidual subject to such search of the purpose 
and authority for such search, and how such in-
dividual may obtain information on reporting 
concerns about such search; and 
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‘‘(B) in the case of information collected 
by United States Customs and Border Protec-
tion through a search of an electronic device, if 
such information is transmitted to another Fed-
eral agency for subject matter assistance, trans-
lation, or decryption, the Commissioner to no-
tify the individual subject to such search of 
such transmission. 
‘‘(3) EXCEPTIONS.— 
‘‘(A) IN
GENERAL.—The Commissioner 
may withhold the notifications required under 
paragraphs (1)(C) and (2) if the Commissioner 
determines that such notifications would impair 
national security, law enforcement, or other 
operational interests. 
‘‘(B) TERRORIST WATCH LISTS.— 
‘‘(i) SEARCHES.—If the individual 
subject to search of an electronic device 
pursuant to subparagraph (A) of para-
graph (1) is included on a Government-op-
erated or Government-maintained terrorist 
watch list, the notifications required under 
paragraph (2) shall not apply. 
‘‘(ii) COMPLAINTS.—If the complain-
ant using the process established under 
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subparagraph (C) of paragraph (1) is in-
cluded on a Government-operated or Gov-
ernment-maintained terrorist watch list, 
the notification required under such sub-
paragraph shall not apply. 
‘‘(4) UPDATE
AND
REVIEW.—The Commis-
sioner 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 an auditing mechanism to re-
view whether searches of electronic devices at or be-
tween United States ports of entry are being con-
ducted in conformity with the standard operating 
procedures required under subparagraph (A) of 
paragraph (1). Such audits shall be submitted to the 
appropriate congressional committees and shall in-
clude the following: 
‘‘(A) A description of the activities of offi-
cers and agents of United States Customs and 
Border 
Protection 
with 
respect 
to 
such 
searches. 
‘‘(B) The number of such searches. 
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‘‘(C) The number of instances in which in-
formation 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 in-
formation collected from such device was sub-
jected to such searches was transmitted to a 
another Federal agency, including whether such 
transmission resulted in a prosecution or con-
viction. 
‘‘(6) REQUIREMENTS REGARDING OTHER NOTI-
FICATIONS.—The standard operating procedures es-
tablished pursuant to subparagraph (B) of para-
graph (1) shall require— 
‘‘(A) in the case of an incident of the use 
of deadly force by United States Customs and 
Border Protection personnel, the Commissioner 
to notify the appropriate congressional commit-
tees; and 
‘‘(B) the Commissioner to provide to such 
committees a copy of the evaluation pursuant to 
subparagraph (D) of such paragraph not later 
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than 30 days after completion of such evalua-
tion. 
‘‘(7) REPORT
ON
UNMANNED
AERIAL
SYS-
TEMS.—The Commissioner shall submit to the ap-
propriate congressional committees an annual report 
that reviews whether the use of unmanned aerial 
systems are being conducted in conformity with the 
standard operating procedures required under sub-
paragraph (E) of paragraph (1). Such reports— 
‘‘(A) shall be submitted with the Presi-
dent’s annual budget; 
‘‘(B) may be submitted in classified form 
if the Commissioner determines that such is ap-
propriate, and 
‘‘(C) shall include— 
‘‘(i) a detailed description of how, 
where, and for how long data and images 
collected through the use of unmanned aer-
ial systems by United States Customs and 
Border Protection is 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. 
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‘‘(l) TRAINING.—The Commissioner shall require all 
officers and agents of United States Customs and Border 
Protection to participate in a specified amount of con-
tinuing 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 Com-
missioner shall make every effort to ensure that ade-
quate access to food and water is provided to an in-
dividual apprehended and detained by a United 
States Border Patrol agent between a United States 
port 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
CEN-
TERS.— 
‘‘(A) IN
GENERAL.—The Commissioner 
shall ensure that an individual apprehended by 
a United States Border Patrol agent is provided 
with information concerning such individual’s 
rights, including the right to contact a rep-
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resentative 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 indi-
vidual. 
‘‘(3) SHORT TERM DETENTION DEFINED.—In 
this subsection, the term ‘short term detention’ 
means detention in a United States Border Patrol 
processing center for 72 hours or less, before repa-
triation to a country of nationality or last habitual 
residence. 
‘‘(4) REPORT ON PROCUREMENT PROCESS AND 
STANDARDS.—Not later than 180 days after the 
date of the enactment of this section, the Comp-
troller General of the United States shall submit to 
the appropriate congressional committees a report 
on the procurement process and standards of enti-
ties with which United States Customs and Border 
Protection has contracts for the transportation and 
detention of individuals apprehended by agents or 
officers of United States Customs and Border Pro-
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tection. Such report should also consider the oper-
ational efficiency of contracting the transportation 
and detention of such individuals. 
‘‘(5) REPORT ON INSPECTIONS OF SHORT-TERM 
CUSTODY FACILITIES.—The Commissioner shall— 
‘‘(A) annually inspect all facilities utilized 
for short term detention; and 
‘‘(B) make publically 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 condi-
tions of such facilities. 
‘‘(n) WAIT TIMES TRANSPARENCY.— 
‘‘(1) IN GENERAL.—The Commissioner shall— 
‘‘(A) publish live wait times 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 United States Customs and Border 
Protection Web site; 
‘‘(C) submit to the appropriate congres-
sional committees quarterly reports that include 
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compilations of all such wait times and a rank-
ing of such United States airports by wait 
times; and 
‘‘(D) provide adequate staffing at the 
United States 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 calcu-
lating the time elapsed between an individual’s entry 
into the United States Customs and Border Protec-
tion inspection area and such individual’s clearance 
by a United States Customs and Border Protection 
officer. 
‘‘(o) OTHER AUTHORITIES.— 
‘‘(1) IN GENERAL.—The Secretary may estab-
lish such other offices or Assistant Commissioners 
(or other similar officers or officials) as the Sec-
retary determines necessary to carry out the mis-
sions, duties, functions, and authorities of United 
States Customs and Border Protection. 
‘‘(2) NOTIFICATION.—If the Secretary exercises 
the authority provided pursuant to paragraph (1), 
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