S.Amdt. 1476

1. Adds SEC. 1122. SECURITY AND TRADE FACILITATION ON THE NORTHERN BORDER at the end of title I

   Adds a section

   In S. 744 · Reported to Senate

   (c) Prohibition on Confiscation of Property.--Notwithstanding any other provision of law, lawful, nonperishable belongings of a migrant that are confiscated by personnel operating under Federal authority shall be returned to the migrant before repatriation, to the extent practicable.

   Inserted: SEC. 1122. SECURITY AND TRADE FACILITATION ON THE NORTHERN BORDER.

   Inserted: (a) Authority to Enter Into Law Enforcement Partnerships With Foreign Governments.--Section 629(g) of the Tariff Act of 1930 (19 U.S.C. 1629(g)) is amended to read as follows:

   Inserted: "(g) Privileges and Immunities.--

   Inserted: "(1) In general.--Except as provided in paragraph (2), any person designated to perform the duties of an officer of the customs pursuant to section 401(i) shall be entitled to the same privileges and immunities as an officer of the customs with respect to any actions taken by the person in the performance of those duties.

   Inserted: "(2) Foreign law enforcement officers.--A law enforcement officer of a foreign government designated to perform the duties of an officer of the customs pursuant to section 401(i) shall be entitled to such privileges and immunities as are afforded to the law enforcement officer pursuant to the law of the United States or an agreement between the United States and the foreign government authorized under paragraph (3).

   Inserted: "(3) Authorization of agreements with foreign governments.--The Secretary of State, in coordination with the Secretary of Homeland Security, may enter into an agreement with the government of a foreign country to extend to law enforcement officers of that government that are designated to perform the duties of an officer of the customs under section 401(i) such privileges and immunities as are necessary for those law enforcement officers to carry out those duties.".

   Inserted: (b) Stationing of Foreign Law Enforcement Officers in the United States.--

   Inserted: (1) In general.--Subtitle H of the Homeland Security Act of 2002 (6 U.S.C. 451 et seq.) is amended by adding at the end the following:

   Inserted: "SEC. 890A. STATIONING OF FOREIGN LAW ENFORCEMENT OFFICERS AND ASSOCIATED PERSONNEL.

   Inserted: "(a) In General.--The Secretary or the Attorney General may authorize the stationing of law enforcement officers and associated personnel of a foreign government in the United States for the purpose of enhancing law enforcement cooperation and operations with the foreign government.

   Inserted: "(b) Extension of Privileges and Immunities.--The Secretary of State, in coordination with the Secretary or the Attorney General, or both, as appropriate, may extend privileges and immunities, as negotiated pursuant to an international agreement or treaty with a particular foreign government, to law enforcement officers and associated personnel of the foreign government stationed in the United States in accordance with subsection (a) as may be necessary for those law enforcement officers and associated personnel to carry out the functions authorized under subsection (a).".

   Inserted: (2) Technical and conforming amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by inserting after the item relating to section 890 the following:

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   Inserted: "Sec. 890A. Stationing of foreign law enforcement officers and associated personnel.".

   Inserted: (c) Federal Jurisdiction Over Personnel Working as Part of Border Security Initiatives.--

   Inserted: (1) In general.--Chapter 93 of title 18, United States Code, is amended by adding at the end the following:

   Inserted: "Sec. 1925. Offenses committed by personnel working in furtherance of border security initiatives outside the United States

   Inserted: "(a) Offense.--It shall be unlawful for any individual who is employed by the Department of Homeland Security or the Department of Justice and stationed or deployed in a foreign country in furtherance of a border security initiative pursuant to a treaty, agreement, or other arrangement to engage in conduct that would constitute an offense under Federal law if the conduct had been engaged in within the United States or within the special maritime and territorial jurisdiction of the United States.

   Inserted: "(b) Penalty.--Any individual who violates subsection (a) shall be punished as provided for that offense.".

   Inserted: (2) Technical and conforming amendment.--The table of sections for chapter 93 of title 18, United States Code, is amended by adding at the end the following:

   Inserted: "1925. Offenses committed by personnel working in furtherance of border security initiatives outside the United States.".

   Original wording

   At the end of title I, add the following:

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As printed