The Security and Accountability for Every Port Act of 2006, referred to in subsec. (c)(14)(B), is Pub. L. 109–347,
Section is comprised of section 411 of Pub. L. 107–296. Former subsec. (b)(2) of section 411 of Pub. L. 107–296 amended section 5314 of Title 5, Government Organization and Employees.
2022—Subsec. (o)(3). Pub. L. 117–103 substituted “250” for “170”.
2020—Subsec. (o)(3). Pub. L. 116–277 added par. (3).
2017—Subsec. (c)(18), (19). Pub. L. 115–79 added par. (18) and redesignated former par. (18) as (19).
2016—Pub. L. 114–125 amended section generally. Prior to amendment, section established the United States Customs Service headed by a Commissioner of Customs.
Pub. L. 114–125, title VIII, § 802(d)(2),
Pub. L. 114–125, title VIII, § 802(b), “(1) Section 411 of the Homeland Security Act of 2002 [6 U.S.C. 211], as amended by subsection (a) of this section, shall be treated as if included in such Act [Pub. L. 107–296] as of the date of the enactment of such Act [“(2) “(A) Notwithstanding paragraph (1), nothing in this title [see Tables for classification] or any amendment made by this title may be construed as affecting in any manner any rule or regulation issued or promulgated pursuant to any provision of law, including section 411 of the Homeland Security Act of 2002 as in existence on the day before the date of the enactment of this Act [“(B) Notwithstanding paragraph (1), nothing in this Act [see Tables for classification] may be construed as affecting in any manner any action, determination, policy, or decision pursuant to section 411 of the Homeland Security Act of 2002 as in existence on the day before the date of the enactment of this Act, and any such action, determination, policy, or decision shall continue to have full force and effect on and after such date.”
Pub. L. 116–299, “This Act may be cited as the ‘Securing America’s Ports Act’.“SECTION 1. SHORT TITLE.“SEC. 2. LARGE-SCALE NON-INTRUSIVE INSPECTION SCANNING PLAN.“(a) In this section:“(1) The term ‘large-scale, non-intrusive inspection system’ means a technology, including x-ray, gamma-ray, and passive imaging systems, capable of producing an image of the contents of a commercial or passenger vehicle or freight rail car in 1 pass of such vehicle or car.“(2) The term ‘scanning’ means utilizing nonintrusive imaging equipment, radiation detection equipment, or both, to capture data, including images of a commercial or passenger vehicle or freight rail car.“(b) Not later than 180 days after the date of the enactment of this Act [“(c) The plan under subsection (b) shall include, at a minimum, the following information regarding large-scale non-intrusive inspection systems or similar technology operated by U.S. Customs and Border Protection at land ports of entry and rail-border crossings as of the date of the enactment of this Act:“(1) An inventory of large-scale non-intrusive inspection systems or similar technology in use at each land port of entry.“(2) For each system or technology identified in the inventory under paragraph (1)—“(A) the scanning method of such system or technology;“(B) the location of such system or technology at each land port of entry that specifies whether in use in pre-primary, primary, or secondary inspection area, or some combination of such areas;“(C) the percentage of commercial and passenger vehicles and freight rail traffic scanned by such system or technology;“(D) seizure data directly attributed to scanned commercial and passenger vehicles and freight rail traffic; and“(E) the number of personnel required to operate each system or technology.“(3) Information regarding the continued use of other technology and tactics used for scanning, such as canines and human intelligence in conjunction with large scale, nonintrusive inspection systems.“(d) The plan under subsection (b) shall include the following information:“(1) Benchmarks for achieving incremental progress towards 100 percent high-throughput scanning within the next 6 years of commercial and passenger vehicles and freight rail traffic entering the United States at land ports of entry and rail-border crossings along the border with corresponding projected incremental improvements in scanning rates by fiscal year and rationales for the specified timeframes for each land port of entry.“(2) Estimated costs, together with an acquisition plan, for achieving the 100 percent high-throughput scanning rate within the timeframes specified in paragraph (1), including acquisition, operations, and maintenance costs for large-scale, nonintrusive inspection systems or similar technology, and associated costs for any necessary infrastructure enhancements or configuration changes at each port of entry. Such acquisition plan shall promote, to the extent practicable, opportunities for entities that qualify as small business concerns (as defined under section 3(a) of the Small Business Act (15 U.S.C. 632(a)).“(3) Any projected impacts, as identified by the Commissioner of U.S. Customs and Border Protection, on the total number of commercial and passenger vehicles and freight rail traffic entering at land ports of entry and rail-border crossings where such systems are in use, and average wait times at peak and non-peak travel times, by lane type if applicable, as scanning rates are increased.“(4) Any projected impacts, as identified by the Commissioner of U.S. Customs and Border Protection, on land ports of entry and rail-border crossings border security operations as a result of implementation actions, including any changes to the number of U.S. Customs and Border Protection officers or their duties and assignments.“(e) Not later than 1 year after the submission of the plan under subsection (b), and biennially thereafter for the following 6 years, the Secretary of Homeland Security shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives that describes the progress implementing the plan and includes—“(1) an inventory of large-scale, nonintrusive inspection systems or similar technology operated by U.S. Customs and Border Protection at each land port of entry;“(2) for each system or technology identified in the inventory required under paragraph (1)—“(A) the scanning method of such system or technology;“(B) the location of such system or technology at each land port of entry that specifies whether in use in pre-primary, primary, or secondary inspection area, or some combination of such areas;“(C) the percentage of commercial and passenger vehicles and freight rail traffic scanned by such system or technology; and“(D) seizure data directly attributed to scanned commercial and passenger vehicles and freight rail traffic;“(3) the total number of commercial and passenger vehicles and freight rail traffic entering at each land port of entry at which each system or technology is in use, and information on average wait times at peak and non-peak travel times, by lane type if applicable;“(4) a description of the progress towards reaching the benchmarks referred to in subsection (d)(1), and an explanation if any of such benchmarks are not achieved as planned;“(5) a comparison of actual costs (including information on any awards of associated contracts) to estimated costs set forth in subsection (d)(2);“(6) any realized impacts, as identified by the Commissioner of U.S. Customs and Border Protection, on land ports of entry and rail-border crossings operations as a result of implementation actions, including any changes to the number of U.S. Customs and Border Protection officers or their duties and assignments;“(7) any proposed changes to the plan and an explanation for such changes, including changes made in response to any Department of Homeland Security research and development findings or changes in terrorist or transnational criminal organizations tactics, techniques, or procedures; and“(8) any challenges to implementing the plan or meeting the benchmarks, and plans to mitigate any such challenges.”
Pub. L. 116–254, “This Act may be cited as the ‘DHS Opioid Detection Resilience Act of 2019’.“SECTION 1. SHORT TITLE.“SEC. 2. STRATEGY TO ENSURE DETECTION OF ALL OPIOID PURITY LEVELS AT PORTS OF ENTRY.“Not later than 180 days after the date of the enactment of this section [“(1) implement a strategy to ensure deployed chemical screening devices are able to identify in an operational environment narcotics at purity levels less than or equal to 10 percent, or provide ports of entry with an alternate method for identifying narcotics at lower purity levels; and“(2) require testing of any new chemical screening devices to understand the abilities and limitations of such devices relating to identifying narcotics at various purity levels before CBP commits to the acquisition of such devices.“SEC. 3. PLAN TO ENSURE OPIOID DETECTION EQUIPMENT RESILIENCY.“Not later than 180 days after the date of the enactment of this section, the Secretary of Homeland Security shall implement a plan for the long-term development of a centralized spectral database for chemical screening devices. Such plan shall address the following:“(1) How newly identified spectra will be collected, stored, and distributed to such devices in their operational environment, including at ports of entry.“(2) Identification of parties responsible for updates and maintenance of such database.”
Pub. L. 116–122, “This Act may be cited as the ‘Protecting America’s Food and Agriculture Act of 2019’.“SECTION 1. SHORT TITLE.“SEC. 2. FINDING.“Congress finds that—“(1) it is in the national security interest of the United States to ensure that the Nation’s food supply is sufficiently protected; and“(2) a vital part of such protection is the availability of adequate resources at the border to conduct inspections of incoming food and agricultural goods.“SEC. 3. DEFINITIONS.“In this Act:“(1) The term ‘appropriate congressional committees’ means—“(A) the Committee on Homeland Security and Governmental Affairs of the Senate;“(B) the Committee on Agriculture, Nutrition, and Forestry of the Senate;“(C) the Committee on Homeland Security of the House of Representatives; and“(D) the Committee on Agriculture of the House of Representatives.“(2) The term ‘CBP’ means U.S. Customs and Border Protection.“SEC. 4. ADDITIONAL U.S. CUSTOMS AND BORDER PROTECTION PERSONNEL.“(a) The Commissioner of U.S. Customs and Border Protection may hire, train, and assign 240 new CBP Agriculture Specialists above the current attrition level during every fiscal year until the total number of CBP Agriculture Specialists equals and sustains the requirements identified each year in the Agriculture Resource Allocation Model.“(b) “(1) The Commissioner of U.S. Customs and Border Protection may hire, train, and assign support staff to support CBP Agriculture Specialists.“(2) The Commissioner of U.S. Customs and Border Protection may hire, train, and assign 200 new CBP Agriculture Technicians during each fiscal year until the total number of CBP Agriculture Technicians equals and sustains the requirements identified each year in the Mission and Operational Support Resource Allocation Model.“(c) The Commissioner of U.S. Customs and Border Protection may hire, train, and assign 20 new CBP agriculture canine teams during each of the first 3 fiscal years beginning after the date of the enactment of this Act [“(d) In calculating the number of CBP Agriculture Specialists needed at each port of entry through the Agriculture Resource Allocation Model, the Office of Field Operations shall—“(1) rely on data collected regarding the inspections and other activities conducted at each such port of entry; and“(2) consider volume from seasonal surges, other projected changes in commercial and passenger volumes, the most current commercial forecasts, and other relevant information.“(e) “(1) There is authorized to be appropriated to carry out subsection (a)—“(A) $29,900,000 for fiscal year 2020;“(B) $36,100,000 for fiscal year 2021; and“(C) $40,500,000 for fiscal year 2022.“(2) There is authorized to be appropriated to carry out subsection (b)—“(A) $11,000,000 for fiscal year 2020;“(B) $25,000,000 for fiscal year 2021; and“(C) $38,000,000 for fiscal year 2022.“(3) There is authorized to be appropriated to carry out subsection (c)—“(A) $3,500,000 for fiscal year 2020;“(B) $7,400,000 for fiscal year 2021; and“(C) $12,200,000 for fiscal year 2022.“(4) There is authorized to be appropriated for training costs associated with the new CBP personnel and canine teams hired pursuant to subsections (a), (b), and (c) $6,000,000 for each of the fiscal years 2020, 2021, and 2022.“SEC. 5. GAO STUDY, BRIEFING, AND REPORT.“(a) The Comptroller General of the United States, after consultation with the appropriate congressional committees, shall conduct a review of the efforts of the Department of Homeland Security, the Department of Agriculture, and other Federal agencies to address risks to the agricultural supply that analyzes—“(1) interagency coordination and the distribution of responsibilities among Federal agencies with respect to the inspection of agricultural commodities entering the United States;“(2) the effectiveness of such inspection responsibilities among Federal agencies; and“(3) the training provided to, and working conditions of, CBP Agriculture Specialists.“(b) Not later than 1 year after the date of the enactment of this Act [“(c) Not later than 90 days after the briefing required under subsection (b), the Comptroller General shall complete the study required under subsection (a) and make the results of the study available to the public.”
Pub. L. 118–47, div. C, title II, § 213, “(a) None of the funds provided under the heading ‘U.S. Immigration and Customs Enforcement—Operations and Support’ may be used to continue any contract for the provision of detention services if the two most recent overall performance evaluations received by the contracted facility are less than ‘adequate’ or the equivalent median score in any subsequent performance evaluation system.“(b) The performance evaluations referenced in subsection (a) shall be conducted by the U.S. Immigration and Customs Enforcement Office of Professional Responsibility.”
Similar provisions were contained in the following prior appropriation acts:
Pub. L. 117–328, div. F, title II, § 214,
Pub. L. 117–103, div. F, title II, § 215,
Pub. L. 116–260, div. F, title II, § 215,
Pub. L. 116–93, div. D, title II, § 215,
Pub. L. 115–372, “This Act may be cited as the ‘United States Ports of Entry Threat and Operational Review Act’.“SECTION 1. SHORT TITLE.“SEC. 2. PORTS OF ENTRY THREAT AND OPERATIONAL ANALYSIS.“(a) “(1) Not later than 180 days after the date of the enactment of this Act [“(2) The threat and operational analysis required under paragraph (1) shall include an assessment of the following:“(A) Current and potential threats posed by individuals and organized groups seeking—“(i) to exploit security vulnerabilities at ports of entry; or“(ii) to unlawfully enter the United States through such ports of entry.“(B) Methods and pathways used to exploit security vulnerabilities at ports of entry.“(C) Improvements needed at ports of entry to prevent the unlawful movement of people, illicit drugs, and other contraband across the borders of the United States.“(D) Improvements needed to enhance travel and trade facilitation and reduce wait times at ports of entry, including—“(i) security vulnerabilities associated with prolonged wait times;“(ii) current technology at ports of entry that can be adapted to handle more volume, increase efficiency, and improve accuracy of detection efforts; and“(iii) infrastructure additions and upgrades.“(E) Processes conducted at ports of entry that do not require law enforcement training and could be—“(i) filled with— “(I) non-law enforcement staff; or “(II) the private sector, for processes or activities determined to not be inherently governmental (as such term is defined in section 5 of the Federal Activities Inventory Reform Act of 1998 (Public Law 105–270; [31 U.S.C. 501 note])); or“(ii) automated.“(3) In compiling the threat and operational analysis required under paragraph (1), the Secretary of Homeland Security, acting through the Commissioner of U.S. Customs and Border Protection, shall consider and examine the following:“(A) Personnel needs, including K–9 Units, and estimated costs, at each port of entry, including such needs and challenges associated with recruitment and hiring.“(B) Technology needs, including radiation portal monitors and non-intrusive inspection technology, and estimated costs at each port of entry.“(C) Infrastructure needs and estimated costs at each port of entry.“(b) “(1) Not later than 270 days after the submission of the threat and operational analysis required under subsection (a) and every 5 years thereafter for 10 years, the Secretary of Homeland Security, acting through the Commissioner of U.S. Customs and Border Protection (CBP), shall provide 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 a ports of entry strategy and implementation plan.“(2) The ports of entry strategy and implementation plan required under paragraph (1) shall include a consideration of the following:“(A) The ports of entry threat and operational analysis required under subsection (a), with an emphasis on efforts to mitigate threats and challenges identified in such analysis.“(B) Efforts to reduce wait times at ports of entry and standards against which the effectiveness of such efforts may be determined.“(C) Efforts to prevent the unlawful movement of people, illicit drugs, and other contraband across the borders of the United States at the earliest possible point at ports of entry and standards against which the effectiveness of such efforts may be determined.“(D) Efforts to focus intelligence collection and information analysis to disrupt transnational criminal organizations attempting to exploit vulnerabilities at ports of entry and standards against which the effectiveness of such efforts may be determined.“(E) Efforts to verify that any new port of entry technology acquisition can be operationally integrated with existing technologies in use by the Department of Homeland Security.“(F) Lessons learned from reports on the business transformation initiative under section 802(i)(1) of the Trade Facilitation and Trade Enforcement Act of 2015 (Public Law 114–125).“(G) CBP staffing requirements for all ports of entry.“(H) Efforts to identify and detect fraudulent documents at ports of entry and standards against which the effectiveness of such efforts may be determined.“(I) Efforts to prevent, detect, investigate, and mitigate corruption at ports of entry and standards against which the effectiveness of such efforts may be determined.“(c) In this section, the term ‘ports of entry’ means United States air, land, and sea ports of entry.”
Pub. L. 115–141, div. F, title II, § 203,
Pub. L. 115–112, “This Act may be cited as the ‘International Narcotics Trafficking Emergency Response by Detecting Incoming Contraband with Technology Act’ or the ‘INTERDICT Act’. “There is authorized to be appropriated to the Commissioner $9,000,000 to ensure that U.S. Customs and Border Protection has resources, including chemical screening devices, personnel, and scientists, available during all operational hours to prevent, detect, and interdict the unlawful importation of fentanyl, other synthetic opioids, and other narcotics and psychoactive substances.”“SECTION 1. SHORT TITLE.“SEC. 2. DEFINITIONS.“In this Act:“(1) The term ‘chemical screening device’ means an immunoassay, narcotics field test kit, infrared spectrophotometer, mass spectrometer, nuclear magnetic resonance spectrometer, Raman spectrophotometer, or other scientific instrumentation able to collect data that can be interpreted to determine the presence of fentanyl, other synthetic opioids, and other narcotics and psychoactive substances.“(2) The term ‘Commissioner’ means the Commissioner of U.S. Customs and Border Protection.“(3) The term ‘express consignment operator or carrier’ has the meaning given that term in section 128.1 of title 19, Code of Federal Regulations (or any similar successor regulation).“SEC. 3. INTERDICTION OF FENTANYL, OTHER SYNTHETIC OPIOIDS, AND OTHER NARCOTICS AND PSYCHOACTIVE SUBSTANCES.“(a) The Commissioner shall—“(1) increase the number of chemical screening devices available to U.S. Customs and Border Protection officers over the number of such devices that are available on the date of the enactment of this Act [“(2) make such additional chemical screening devices available to U.S. Customs and Border Protection officers as the Commissioner determines are necessary to interdict fentanyl, other synthetic opioids, and other narcotics and psychoactive substances that are illegally imported into the United States, including such substances that are imported through the mail or by an express consignment operator or carrier.“(b) The Commissioner shall dedicate the appropriate number of U.S. Customs and Border Protection personnel, including scientists, so that such personnel are available during all operational hours to interpret data collected by chemical screening devices.“SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
Pub. L. 114–125, title VIII, § 802(c), “(1) The individual serving as the Commissioner of Customs on the day before the date of the enactment of this Act [“(2) The individual serving as Deputy Commissioner, and the individuals serving as Assistant Commissioners and other officers and officials, under section 411 of the Homeland Security Act of 2002 on the day before the date of the enactment of this Act [
Pub. L. 114–68, “This Act may be cited as the ‘Border Jobs for Veterans Act of 2015’. “The Secretary of Homeland Security shall consider the expedited hiring of qualified candidates who have the ability to perform the essential functions of the position of a Customs and Border Protection officer and who are eligible for a veterans recruitment appointment authorized under section 4214 of title 38, United States Code.“SECTION 1. SHORT TITLE.“SEC. 2. FINDINGS.“Congress finds the following:“(1) Customs and Border Protection officers at United States ports of entry carry out critical law enforcement duties associated with screening foreign visitors, returning United States citizens, and imported cargo entering the United States.“(2) It is in the national interest for United States ports of entry to be adequately staffed with Customs and Border Protection officers in a timely fashion, including meeting the congressionally funded staffing target of 23,775 officers for fiscal year 2015.“(3) An estimated 250,000 to 300,000 members of the Armed Forces separate from military service every year.“(4) Recruiting efforts and expedited hiring procedures must be enhanced to ensure that individuals separating from military service are aware of, and partake in, opportunities to fill vacant Customs and Border Protection officer positions.“SEC. 3. EXPEDITED HIRING OF APPROPRIATE SEPARATING SERVICE MEMBERS.“SEC. 4. ENHANCEMENTS TO EXISTING PROGRAMS TO RECRUIT SERVICE MEMBERS SEPARATING FROM MILITARY SERVICE FOR CUSTOMS AND BORDER PROTECTION OFFICER VACANCIES.“(a) The Secretary of Homeland Security, in consultation with the Secretary of Defense, and acting through existing programs, authorities, and agreements, where applicable, shall enhance the efforts of the Department of Homeland Security to recruit members of the Armed Forces who are separating from military service to serve as Customs and Border Protection officers.“(b) The enhanced recruiting efforts under subsection (a) shall—“(1) include Customs and Border Protection officer opportunities in relevant job assistance efforts under the Transition Assistance Program;“(2) place U.S. Customs and Border Protection officials or other relevant Department of Homeland Security officials at recruiting events and jobs fairs involving members of the Armed Forces who are separating from military service;“(3) provide opportunities for local U.S. Customs and Border Protection field offices to partner with military bases in the region;“(4) include outreach efforts to educate members of the Armed Forces with Military Occupational Specialty Codes and Officer Branches, Air Force Specialty Codes, Naval Enlisted Classifications and Officer Designators, and Coast Guard competencies that are transferable to the requirements, qualifications, and duties assigned to Customs and Border Protection officers of available hiring opportunities to become Customs and Border Protection officers;“(5) identify shared activities and opportunities for reciprocity related to steps in hiring Customs and Border Protection officers with the goal of minimizing the time required to hire qualified applicants;“(6) ensure the streamlined interagency transfer of relevant background investigations and security clearances; and“(7) include such other elements as may be necessary to ensure that members of the Armed Forces who are separating from military service are aware of opportunities to fill vacant Customs and Border Protection officer positions.“SEC. 5. REPORT TO CONGRESS.“(a) Not later than 180 days after the date of the enactment of this Act [“(b) The report required under subsection (a) shall include—“(1) a detailed description of the efforts to implement section 4, including—“(A) elements of the enhanced recruiting efforts and the goals associated with such elements; and“(B) a description of how the elements and goals referred to in subparagraph (A) will assist in meeting statutorily mandated staffing levels and agency hiring benchmarks;“(2) a detailed description of the efforts that have been undertaken under section 4;“(3) the estimated number of separating service members made aware of Customs and Border Protection officer vacancies;“(4) the number of Customs and Border Protection officer vacancies filled with separating service members; and“(5) the number of Customs and Border Protection officer vacancies filled with separating service members under Veterans Recruitment Appointment authorized under section 4214 of title 38, United States Code.“SEC. 6. RULES OF CONSTRUCTION.“Nothing in this Act may be construed—“(1) as superseding, altering, or amending existing Federal veterans’ hiring preferences or Federal hiring authorities; or“(2) to authorize the appropriation of additional amounts to carry out this Act.”
Pub. L. 113–76, div. F, title V, § 559,
Pub. L. 113–76, div. F, title V, § 571, “(a) The Commissioner of U.S. Customs and Border Protection shall develop metrics that support a goal of reducing passenger processing times at air, land, and sea ports of entry, taking into consideration the capacity of an air or land port’s physical infrastructure, airline arrival schedules, peak processing periods, and security requirements.“(b) Not later than 240 days after the date of enactment of this Act [