209 
quent observations of covered students or exchange 
visitors. 
‘‘(10) DECERTIFICATION.—The Secretary is au-
thorized, without notice, to decertify any approved in-
stitution or exchange visitor program sponsor if such 
institution or exchange visitor program sponsor is en-
gaged in egregious criminal activities or is a threat 
to national security.’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(d) DEFINITIONS.—For purposes of this section: 
‘‘(1) The term ‘covered student’ means a student 
who is a nonimmigrant pursuant to subparagraph 
(F), (J), or (M) of section 101(a)(15) of the Immigra-
tion and Nationality Act (8 U.S.C. 1101(a)(15)). 
‘‘(2) The term ‘observed’ means positively identi-
fied by physical or electronic means. 
‘‘(3) The term ‘authorized user’ means an indi-
vidual nominated by an institution participating in 
the Student and Exchange Visitor Program and con-
firmed by the Secretary as not appearing on any ter-
rorist watch list.’’. 
(c) COMPTROLLER GENERAL REVIEW.—The Comp-
troller General shall conduct a review of the fees for the Stu-
dent and Exchange Visitor Program of the Department of 
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210 
Homeland Security. The Comptroller General shall include 
in such review data from fiscal years 2007 through 2011 
and shall consider fees collected by the Department and all 
expenses associated with the review, issuance, maintenance, 
data collection, and enforcement functions of the Student 
and Exchange Visitor Program. 
SEC. 612. ASIA-PACIFIC ECONOMIC COOPERATION BUSI-
NESS TRAVEL CARDS. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity, in coordination with the Secretary of State, may issue 
Asia-Pacific Economic Cooperation Business Travel Cards 
(in this section referred to as ‘‘ABT Cards’’) to any eligible 
person, including— 
(1) business leaders; and 
(2) United States Government officials engaged 
in Asia-Pacific Economic Cooperation (APEC) busi-
ness. 
(b) ELIGIBILITY.—To be eligible for an ABT Card 
under this section, an individual must be approved and in 
good standing in an international trusted traveler program 
of the Department of Homeland Security, including 
NEXUS, SENTRI, and Global Entry. 
(c) INTEGRATION
WITH
EXISTING
TRAVEL
PRO-
GRAMS.—The Secretary shall, to the extent practicable, in-
tegrate application procedures for, and issuance, suspen-
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211 
sion, and revocation of, ABT Cards with other appropriate 
international trusted traveler programs conducted by the 
Department, including NEXUS, SENTRI, and Global 
Entry. 
(d) COOPERATION WITH PRIVATE ENTITIES.—In car-
rying out this section, the Secretary may consult with ap-
propriate private sector entities. 
(e) REGULATIONS.—The Secretary may prescribe such 
regulations as may be necessary to implement this section. 
(f) FEES.— 
(1) IN GENERAL.—The Secretary may charge a 
fee for the issuance of ABT Cards and any associated 
costs which shall be set at a level that will ensure re-
covery of the full costs of providing and administering 
the ABT Cards. 
(2) ACCOUNT FOR COLLECTIONS.—The Secretary 
may establish a fund for the collection of fees under 
paragraph (1), which shall be made available to pay 
the costs incurred to administer. 
(3) LIMITATION.—The Secretary shall ensure 
that the total amount of any fee available to be used 
under paragraph (4) in any fiscal year does not ex-
ceed the costs associated with carrying out this section 
in such fiscal year. 
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212 
(g) TERMINATION OF PROGRAM.—The Secretary, in 
consultation with the Secretary of State, may terminate ac-
tivities under this section if the Secretary deems it in the 
interest of the United States to do so. 
SEC. 613. BORDER CROSSING DOCUMENTATION. 
The Commissioner of U.S. Customs and Border Protec-
tion shall carry out the NEXUS, SENTRI, Global Entry, 
and ABT Card (as described in section 612) programs of 
U.S. Customs and Border Protection. 
SEC. 614. INTERNAL REVIEW OF ADEQUACY OF U.S. CUS-
TOMS AND BORDER PROTECTION IN BUSIEST 
INTERNATIONAL AIRPORTS. 
The Secretary, acting through U.S. Customs and Bor-
der Protection, shall within 180 days after the date of enact-
ment of this Act conduct an internal review to ensure that 
there enough U.S. Customs and Border Protection agents 
in each of the 10 international airports in the United States 
with the largest volume of international travelers. 
SEC. 615. PORT SECURITY GRANT PROGRAM. 
Section 70107(l) of title 46, United States Code, is 
amended by striking ‘‘2013’’ and inserting ‘‘2014’’. 
SEC. 616. PORT SECURITY GRANT FUNDING FOR MANDATED 
SECURITY PERSONNEL. 
Section 70107(b)(1) of title 46, United States Code, is 
amended by striking the period and inserting the following: 
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‘‘, including overtime and backfill costs incurred in support 
of other expenditures authorized under this subsection, ex-
cept that not more than 50 percent of amounts received by 
a grantee under this section for a fiscal year may be used 
under this paragraph.’’. 
SEC. 617. SECURING THE TWIC AGAINST USE BY UNAU-
THORIZED ALIENS. 
(a) PROCESS.— 
(1) IN GENERAL.—Not later than 180 days after 
the date of enactment of this Act, the Secretary shall 
establish a process to ensure, to the maximum extent 
practicable, that aliens unlawfully present in the 
United States are unable to obtain or use a Transpor-
tation Worker Identification Credential (in this sec-
tion referred to as ‘‘TWIC’’). 
(2) COMPONENTS.—Under the process, the Sec-
retary shall— 
(A) publish a list of documents that will 
identify TWIC applicants and verify their im-
migration statuses by requiring each applicant 
to produce a document or documents that dem-
onstrate— 
(i) identity; and 
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214 
(ii) proof of United States citizenship 
or authorization to work in the United 
States; and 
(B) establish training requirements to en-
sure that trusted agents at TWIC enrollment cen-
ters receive training to identify fraudulent docu-
ments. 
(b) EXPIRATION OF TWICS.—A TWIC expires 5 years 
after the date it is issued, except that if an individual is 
in a lawful nonimmigrant status category— 
(1) the term of any TWIC issued to the appli-
cant shall not to exceed the expiration of the visa held 
by the applicant; and 
(2) a TWIC issued to the individual expires on 
the date of the expiration of such status, notwith-
standing the expiration date on the face of the TWIC. 
SEC. 618. SMALL VESSEL THREAT ANALYSIS. 
Not later than 1 year after the date of enactment of 
this Act, the Secretary shall submit to the appropriate con-
gressional committees a report analyzing the threat of, vul-
nerability to, and consequence of an act of terrorism using 
a small vessel to attack United States vessels, ports, or mar-
itime interests. 
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215 
SEC. 619. CUSTOMS AND BORDER PROTECTION PROFES-
SIONALISM AND TRANSPARENCY. 
To increase professionalism and transparency U.S. 
Customs and Border Protection shall— 
(1) publish live wait times at all United States 
air ports of entry, as determined by calculating the 
time elapsed between an individual’s entry into the 
U.S. Customs and Border Protection inspection area 
and the individual’s clearance by a U.S. Customs and 
Border Protection officer; 
(2) make information about such wait times 
available to the public in real time through the U.S. 
Customs and Border Protection Web site; 
(3) submit monthly reports to Congress that in-
clude compilations of all such wait times and that 
ranking all United States international airports by 
wait times; and 
(4) increase staffing at the U.S. Customs and 
Border Protection INFO center to reduce wait times 
to under ten minutes for travelers attempting to sub-
mit comments or speak with a representative about 
their entry experience. 
SEC. 620. SENSE OF CONGRESS REGARDING DEPLOYMENT 
OF ADDITIONAL UAV. 
It is the sense of Congress that, due to frequently 
changing weather conditions and strict air regulations, the 
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216 
Secretary should deploy an additional unmanned aerial ve-
hicle (UAV) over the number of such UAVs that are so de-
ployed as of the date of the enactment of this Act, at a south-
west border airfield between Department operations located 
at Fort Huachuca in Sierra Vista, Arizona, and the Naval 
Air Station (NAS) in Corpus Christi, Texas, in order to 
reduce the frequent weather-related lapses in constant sur-
veillance that weaken security along the international bor-
ders of the United States and to allow U.S. Customs and 
Border Protection to work with other Federal departments 
and agencies, such as the Air National Guard, to operate 
such missions. 
SEC. 621. REPORT ON STATUS OF UNOBLIGATED BALANCES 
IN U.S. CUSTOMS AND BORDER PROTECTION 
CUSTOMS USER FEE ACCOUNT. 
Not later than 90 days after the date of the enactment 
of this Act, the Secretary shall submit to the appropriate 
congressional committees a report regarding the status of 
$640,000,000 in unobligated balances in the Customs User 
Fee Account, as reported by the Government Accountability 
Office in report GAO–11–318SP. The report required under 
this section shall include a final determination on the total 
amount of unobligated balances available. 
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SEC. 622. OUTBOUND INSPECTIONS. 
(a) IN GENERAL.—Not later than two years after the 
date of the enactment of this Act, the Secretary shall ensure 
that U.S. Customs and Border Protection has instituted an 
outbound inspections program at land ports of entry. 
(b) PROGRAM COMPONENTS.—In executing the out-
bound inspections program under this section, the Secretary 
shall leverage existing resources and capabilities within the 
Department to— 
(1) ensure that risk-based outbound inspections 
are routinely conducted; 
(2) provide for such inspections to be conducted 
in a safe and efficient manner; 
(3) direct appropriate resources to areas that 
demonstrate a higher risk of outbound violations; 
(4) include a strategy for mitigating efforts by 
smuggling organizations to circumvent such inspec-
tions; and 
(5) collect information concerning aliens exiting 
the United States, pursuant to section 110 of the Ille-
gal Immigration Reform and Immigrant Responsi-
bility Act of 1996 (8 U.S.C. 1365a). 
(c) WAIT TIMES.—The Secretary shall ensure that out-
bound inspections carried out under this section do not add 
significantly to wait times for crossing the border. 
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SEC. 623. DEPORTING CRIMINAL ALIENS. 
There is authorized to be appropriated to U.S. Cus-
toms and Immigration Enforcement $1,600,000,000 for 
each of fiscal years 2012 and 2013 to— 
(1) identify aliens who— 
(A) have been convicted of a crime; or 
(B) may pose a serious risk to public safety 
or national security; and 
(2) remove from the United States any aliens 
identified under paragraph (1) who may be deport-
able. 
SEC. 624. ESTABLISHMENT OF IMMIGRATION AND CUSTOMS 
ENFORCEMENT. 
(a) IN GENERAL.—Section 442 of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 252), as amended by section 
611(b), is further amended to read as follows: 
‘‘SEC. 442. ESTABLISHMENT OF IMMIGRATION AND CUS-
TOMS ENFORCEMENT. 
‘‘(a) ESTABLISHMENT.—There is established within 
the Department an agency to be known as Immigration and 
Customs Enforcement. 
‘‘(b) FUNCTIONS.—The primary functions of the agen-
cy are the following: 
‘‘(1) To conduct criminal investigations relating 
to homeland security, particularly investigations re-
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