Enhancing the operations of U.S. Customs and Border Protection in foreign countries

Section 411(f) of the Homeland Security Act of 2002 (6 U.S.C. 211(f)) is amended—(1)by redesignating paragraph (4) as paragraph (5); and(2)by inserting after paragraph (3) the following new paragraph:

(4)

Permissible activities

(A)

In general

Employees of U.S. Customs and Border Protection designated with the authorities granted to officers and agents of Air and Marine Operations may provide the support described in subparagraph (B) to the government of a foreign country, including by conducting joint operations with appropriate government officials within the territory of such country, if an arrangement has been entered into between the Government of the United States and the government of such country that permits such support.(B)

Support described

(i)

In general

The support described in this subparagraph is support for the following:(I)The monitoring, locating, tracking, and deterrence of the following:(aa)Illegal drugs to the United States.(bb)The illicit smuggling of persons and goods into the United States.(cc)Terrorist threats to the United States.(dd)Other threats to the security or economy of the United States.(II)Emergency humanitarian efforts.(III)Law enforcement capacity-building efforts.(ii)

Definition

In this subparagraph, the term emergency humanitarian efforts means activities carried out by U.S. Customs and Border Protection pertaining to search and rescue activities, medical assistance, air traffic control assistance, and transport necessary to accomplish such purposes.(C)

Payment of claims

(i)

In general

Subject to clauses (ii) and (iv), the Secretary may expend funds that have been appropriated or otherwise made available for the operating expenses of the Department to pay claims for money damages against the United States, in accordance with the first paragraph of section 2672 of title 28, United States Code, which arise in a foreign country in connection with U.S. Customs and Border Protection operations in such country.(ii)

Submission deadline

A claim may be allowed under clause (i) only if such claim is presented not later than two years after the date of the incident that gives rise to such claim.(iii)

Report

Not later than 90 days after the date on which the expenditure authority under clause (i) expires pursuant to clause (iv), the Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report that describes, for each of the payments made pursuant to such clause (i), the following:(I)The person or entity that received such payment.(II)The amount paid to such person or entity.(III)The country in which such person or entity resides or has its principal place of business.(IV)A detailed account of the circumstances to justify such payment.(iv)

Sunset

The expenditure authority under clause (i) shall expire on the date that is five years after the date of the enactment of this subparagraph.