Sec. 243. Establishment of borders and ports protection program
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The Commissioner, in consultation with the Secretary of State, the Secretary of Homeland Security, and the heads of such other Federal agencies as the President considers appropriate, shall establish a program to be known as the Borders and Ports Protection Program (referred to in this section as the Program ). Under the Program, the Commissioner shall assist Americas partner countries that are seeking to join the Program and are selected by the Commissioner in the establishment of a borders and ports protection unit.
In selecting Americas partner countries under paragraph (1), the Commissioner shall consult with Congress. The Commissioner shall not provide the support of a border and ports protection unit to an Americas partner country without first receiving express consent from the government of that Americas partner country. In carrying out the Program, the Commissioner may support the efforts of customs administrations and border security agencies of Americas partner countries selected under subsection
(b)to create a borders and ports protection unit composed of a sufficient number of officers, including officers of the United States and officers of the Americas partner country, as identified by the Commissioner, who will— report to the local customs administrations and border security agencies in that country; be responsible for surge support and physical protection of borders, ports, strategic depots, hubs, and key commodities, such as basic foodstuffs, gasoline, diesel, and other strategic goods, in that country; under the authority of officials in that country, carry out non-investigative customs functions, such as— ensuring the effective continuity of port operations; facilitating legitimate trade and commerce; and detecting and interdicting customs violations, such as illicit smuggling of contraband; when cross-border violations of law are identified, notify and coordinate directly with customs and other law enforcement and security agencies in that country that are responsible for conducting investigations of illicit cross-border smuggling offenses; refer cross-border violations of law to the Transnational Criminal Investigative Units of Homeland Security Investigations; and carry out any other duties identified by the Commissioner. The Secretary of Homeland Security, acting through the Executive Associate Director of Homeland Security Investigations, may establish Transnational Criminal Investigative Units within an Americas partner country upon receiving express consent from the government of that Americas partner country. To the extent authorized under existing provisions of law, the Commissioner may provide to an Americas partner country selected under subsection
(b)training, oversight, equipment, and remuneration from U.S. Customs and Border Protection for the purposes specified in subsection
(c)to provide lethal and non-lethal assistance, such as training and equipment, including personal protective equipment, armored vehicles, and weapons, to entities that are— identified by the local customs offices in that country; coordinated and deconflicted through the law enforcement working group of the United States Embassy in that country; and approved by the Commissioner. Under the Program, the Commissioner, in coordination with the Secretary of State and the Secretary of Homeland Security, shall— deploy officers of U.S. Customs and Border Protection to each Americas partner country selected under subsection (b), who shall— report to the chief of mission; monitor the activities, on behalf of the Department of Homeland Security, of the borders and ports protection unit of that country; coordinate activities with— the law enforcement working group of the United States Embassy in that country; the attache of Homeland Security Investigations covering that country; and the Transnational Criminal Investigative Unit for that country; coordinate and deconflict all training and equipment requests with the law enforcement working group of the United States Embassy in that country and the attache of Homeland Security Investigations covering that country; and ensure that all cross-border violations of law are referred for investigation to the Transnational Criminal Investigative Unit for that country; and hire a defense contractor that has completed all registrations and clearances required by the United States Government to deploy a team of armed experts to assist in the recruitment, vetting, and training of agents of the borders and ports protection unit of that country. When possible, the Secretary shall hire agents for the borders and ports protection unit of an Americas partner country selected under subsection
(b)from among agents of the security services of that country. The Secretary of State shall enhance the security of borders and ports protection units established under this section by following the model of the Special Program for Embassy Augmentation Response (SPEAR) used by the Diplomatic Security Service to protect embassies of the United States and other facilities in high-threat environments. Under the Program, the Secretary of State, working through the contractor hired pursuant to subsection (f)(1)(B), shall provide appropriate remuneration for agents of borders and ports protection units, including— wages based on appropriate pay scales of the United Nations; and a life insurance policy. Notwithstanding any other provision of law, except as provided in paragraph (2), the President may designate a borders and ports protection unit under the Program in a country that is not an Americas partner country selected under subsection
(b)if the President— determines that it is in the national security interest of the United States to do so; and receives the express consent of the government of that country. The President may not designate a borders and ports protection unit under the Program in a country that is a member of the Bolivarian Alliance for the Peoples of Our America. Not later than 90 days after the date of the enactment of this Act, and annually thereafter, the Secretary of State shall submit to the Committee on Finance and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Ways and Means of the House of Representatives a report on the Program. In this section, the term Commissioner means the Commissioner of U.S. Customs and Border Protection.