233 
with the Office for Civil Rights and Civil Liberties and the Office 
of Privacy of the Department, to provide command, control, com-
munication, 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 en-
forcement agencies to submit mission requests; 
(ii) a formal procedure to determine whether to approve or 
deny a mission request; 
(iii) a formal procedure to determine how 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 paragraph 
(1)(A) shall require— 
(A) in the case of a search of information conducted on an elec-
tronic device by U.S. Customs and Border Protection personnel, 
the Commissioner to notify the individual subject to the search of 
the purpose and authority for the search and how the individual 
may obtain information on reporting concerns about the search; 
and 
(B) in the case of information collected by U.S. Customs and 
Border Protection through a search of an electronic device, if the 
information is transmitted to another Federal agency for subject 
matter assistance, translation, or decryption, the Commissioner to 
notify the individual subject to the search of the transmission. 
(3) EXCEPTIONS.—The Commissioner may withhold the notifications 
required under paragraphs (1)(C) and (2) if the Commissioner deter-
mines, in the sole and unreviewable discretion of the Commissioner, 
that the notifications would impair national security, law enforcement, 
or other operational interests. 
(4) UPDATE AND REVIEW.—The Commissioner shall review and up-
date every 3 years the standard operating procedures required under 
this subsection. 
(5) AUDITS.—The Inspector General of the Department shall de-
velop and annually administer, during 2017, 2018, and 2019, an audit-
ing 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 paragraph 
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234 
(1)(A). Audits shall be submitted to the Committee on Homeland Secu-
rity 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 the searches. 
(B) The number of searches. 
(C) The number of instances in which information contained in 
devices that were subjected to searches was retained, copied, 
shared, or entered in an electronic database. 
(D) The number of devices detained as the result of searches. 
(E) The number of instances in which information collected 
from a device that was subjected to searches was transmitted to 
another Federal agency, including whether the transmission re-
sulted in a prosecution or conviction. 
(6) REQUIREMENTS
REGARDING
OTHER
NOTIFICATIONS.—The 
standard operating procedures established pursuant to paragraph 
(1)(B) 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 Rep-
resentatives and the Committee on Homeland Security and Gov-
ernmental Affairs of the Senate; and 
(B) the Commissioner to provide to those committees a copy of 
the evaluation pursuant to paragraph (1)(D) not later than 30 
days after completion of the 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 Govern-
mental Affairs of the Senate, during 2017, 2018, and 2019, an annual 
report that reviews whether the use of unmanned aerial systems is 
being conducted in conformity with the standard operating procedures 
required under paragraph (1)(E). The report— 
(A) shall be submitted with the President’s annual budget; 
(B) may be submitted in classified form if the Commissioner de-
termines that it 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 
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235 
(ii) a list of Federal, State, and local law enforcement 
agencies that submitted mission requests in the previous year 
and the disposition of the requests. 
(d) 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. 
(e) SHORT TERM DETENTION STANDARDS.— 
(1) DEFINITION OF SHORT TERM DETENTION.—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. 
(2) ACCESS TO FOOD AND WATER.—The Commissioner shall make 
every effort to ensure that adequate access to food and water is pro-
vided to an individual apprehended and detained at or between a 
United States port of entry as soon as practicable following the time 
of the apprehension or during subsequent short term detention. 
(3) ACCESS TO INFORMATION ON DETAINEE RIGHTS AT BORDER PA-
TROL PROCESSING CENTERS.— 
(A) IN GENERAL.—The Commissioner shall ensure that an indi-
vidual apprehended by a U.S. Border Patrol agent or an Office 
of Field Operations officer is provided with information concerning 
the individual’s rights, including the right to contact a representa-
tive of the individual’s government for purposes of United States 
treaty obligations. 
(B) HOW INFORMATION IS TO BE PROVIDED.—The information 
referred to in subparagraph (A) may be provided either orally or 
in writing, and shall be posted in the detention holding cell in 
which the individual is being held. The information shall be pro-
vided in a language understandable to the individual. 
(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 
shall submit to the Committee on Homeland Security of the House of 
Representatives and the Committee on Homeland Security and Govern-
mental 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 appre-
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hended by agents or officers of U.S. Customs and Border Protection. 
The report should also consider the operational efficiency of contracting 
the transportation and detention of those individuals. 
(6) REPORT ON INSPECTIONS OF SHORT TERM CUSTODY FACILI-
TIES.—The Commissioner shall— 
(A) annually inspect all facilities utilized for short term deten-
tion; and 
(B) make publicly available information collected pursuant to 
the inspections, including information regarding the requirements 
under paragraphs (2) and (3), and, where appropriate, issue rec-
ommendations to improve the conditions of the facilities. 
(f) 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 the wait times available to the pub-
lic in real time through the U.S. Customs and Border Protection 
website; 
(C) submit to the Committee on Homeland Security of the 
House of Representatives and the Committee on Homeland Secu-
rity and Governmental Affairs of the Senate, during 2017, 2018, 
2019, 2020, and 2021, a report that includes compilations of all 
those wait times and a ranking of those 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 individ-
ual’s entry into the U.S. Customs and Border Protection inspection 
area and the individual’s clearance by a U.S. Customs and Border Pro-
tection officer. 
(g) CONTINUED SUBMISSION OF REPORTS TO COMMITTEES.—The Com-
mission shall 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 to be sub-
mitted on February 23, 2016, under any provision of law. 
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