the Secretary shall notify the appropriate congres-
sional committees not later than 30 days before ex-
ercising such authority. 
‘‘(p) OTHER FEDERAL AGENCIES.—Nothing in this 
section may be construed as affecting in any manner the 
existing authority of any other Federal agency, including 
the Transportation Security Administration with respect 
to the duties of United States Customs and Border Pro-
tection described in subsection (c).’’. 
(b) SPECIAL RULES.— 
(1) TREATMENT.—Section 411 of the Home-
land Security Act of 2002, as amended by subsection 
(a) of this section, shall be treated as if included in 
such Act as of the date of the enactment of such 
Act, and, in addition to the functions, missions, du-
ties, and authorities specified in such amended sec-
tion 411, United States Customs and Border Protec-
tion shall continue to perform and carry out the 
functions, missions, duties, and authorities under 
section 411 of such Act as in existence on the day 
before such date of enactment, and section 415 of 
such Act. 
(2) RULES OF CONSTRUCTION.— 
(A) RULES AND REGULATIONS.—Notwith-
standing paragraph (1), nothing in this Act 
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may be construed as affecting in any manner 
any rule or regulation issued or promulgated 
pursuant to any provision of law, including sec-
tion 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 rule or 
regulation shall continue to have full force and 
effect on and after such date. 
(B) OTHER
ACTIONS.—Notwithstanding 
paragraph (1), nothing in this Act may be con-
strued 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 ac-
tion, determination, policy, or decision shall 
continue to have full force and effect on and 
after such date. 
(c) CONTINUATION IN OFFICE.— 
(1) COMMISSIONER.—The individual serving as 
the Commissioner of Customs on the day before the 
date of the enactment of this Act may serve as the 
Commissioner of United States Customs and Border 
Protection on and after such date of enactment until 
a Commissioner of United States Customs and Bor-
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der Protection is appointed under section 411 of the 
Homeland Security Act of 2002, as amended by sub-
section (a) of this section. 
(2) OTHER POSITIONS.—The individuals serv-
ing as Assistant Commissioners and other officers 
and officials under section 411 of the Homeland Se-
curity Act of 2002 on the day before the date of the 
enactment of this Act may serve as the appropriate 
Assistant Commissioners and other officers and offi-
cials under such section 411 as amended by sub-
section (a) of this section unless the Commissioner 
of United States Customs and Border Protection de-
termines that another individual should hold such 
position or positions. 
(d) REFERENCE.— 
(1) TITLE 5.—Section 5314 of title 5, United 
States Code, is amended by striking ‘‘Commissioner 
of Customs, Department of Homeland Security’’ and 
inserting ‘‘Commissioner of United States Customs 
and Border Protection, Department of Homeland 
Security’’. 
(2) OTHER
REFERENCES.—On and after the 
date of the enactment of this Act, any reference in 
law or regulations to the ‘‘Commissioner of Cus-
toms’’ or the ‘‘Commissioner of the Customs Serv-
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ice’’ shall be deemed to be a reference to the Com-
missioner of United States Customs and Border 
Protection. 
(e) CLERICAL 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 striking the item relat-
ing to section 411 and inserting the following new item: 
‘‘Sec. 411. Establishment of United States Customs and Border Protection; 
Commissioner, Deputy Commissioner, and operational offices.’’. 
SEC. 3. REPEALS. 
Sections 416, 418, and 443 of the Homeland Security 
Act of 2002 (6 U.S.C. 216, 218, and 253), and the items 
relating to such sections in the table of contents in section 
1(b) of such Act, are repealed. 
SEC. 4. CLERICAL AND CONFORMING AMENDMENTS. 
(a) IN GENERAL.—The Homeland Security Act of 
2002 (6 U.S.C. 101 et seq.) is amended— 
(1) in title I— 
(A) in section 102(f)(10) (6 U.S.C. 
112(f)(10)), by striking ‘‘the Directorate of 
Border and Transportation Security’’ and in-
serting ‘‘Commissioner of United States Cus-
toms and Border Protection’’; and 
(B) 
in 
section 
103(a)(1) 
(6 
U.S.C. 
113(a)(1))— 
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(i) in subparagraph (C), by striking 
‘‘An Under Secretary for Border and 
Transportation Security.’’ and inserting 
‘‘A Commissioner of United States Cus-
toms and Border Protection.’’; and 
(ii) in subparagraph (G), by striking 
‘‘A Director of the Office of Counter-
narcotics Enforcement.’’ and inserting ‘‘A 
Director for United States Immigration 
and Customs Enforcement.’’; and 
(2) in title IV— 
(A) by striking the title heading and in-
serting ‘‘BORDER, MARITIME, AND 
TRANSPORTATION SECURITY’’; 
(B) in subtitle A— 
(i) by striking the subtitle heading 
and inserting ‘‘Border, Maritime, and 
Transportation Security Respon-
sibilities and Functions’’; and 
(ii) in section 402 (6 U.S.C. 202)— 
(I) in the section heading, by 
striking ‘‘RESPONSIBILITIES’’ and 
inserting 
‘‘BORDER, 
MARITIME, 
AND
TRANSPORTATION
RESPON-
SIBILITIES’’; and 
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(II) by striking ‘‘, acting through 
the Under Secretary for Border and 
Transportation Security,’’; 
(C) in subtitle B— 
(i) by striking the subtitle heading 
and inserting ‘‘United States Cus-
toms and Border Protection’’; 
(ii) in section 412(b) (6 U.S.C. 212), 
by striking ‘‘United States Customs Serv-
ice’’ each place it appears and inserting 
‘‘United States Customs and Border Pro-
tection’’; 
(iii) in section 413 (6 U.S.C. 213), by 
striking ‘‘available to the United States 
Customs Service or’’; 
(iv) in section 414 (6 U.S.C. 214), by 
striking ‘‘United States Customs Service’’ 
and inserting ‘‘United States Customs and 
Border Protection’’; and 
(v) in section 415 (6 U.S.C. 215)— 
(I) in paragraph (7), by inserting 
before the colon the following: ‘‘, and 
of United States Customs and Border 
Protection on the day before the effec-
tive date of the United States Cus-
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toms and Border Protection Author-
ization Act’’; and 
(II) in paragraph (8), by insert-
ing before the colon the following: ‘‘, 
and of United States Customs and 
Border Protection on the day before 
the effective date of the United States 
Customs and Border Protection Au-
thorization Act’’; 
(D) in subtitle C— 
(i) by striking section 424 (6 U.S.C. 
234) and inserting the following new sec-
tion: 
‘‘SEC. 424. PRESERVATION OF TRANSPORTATION SECURITY 
ADMINISTRATION AS A DISTINCT ENTITY. 
‘‘Notwithstanding any other provision of this Act, the 
Transportation Security Administration shall be main-
tained as a distinct entity within the Department.’’; and 
(ii) in section 430 (6 U.S.C. 238)— 
(I) by amending subsection (a) to 
read as follows: 
‘‘(a) ESTABLISHMENT.—There is established in the 
Department an Office for Domestic Preparedness.’’; 
(II) in subsection (b), by striking 
the second sentence; and 
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(III) in subsection (c)(7), by 
striking ‘‘Directorate’’ and inserting 
‘‘Department’’; and 
(E) in subtitle D— 
(i) in section 441 (6 U.S.C. 251)— 
(I) by striking the section head-
ing and inserting ‘‘TRANSFER
OF 
FUNCTIONS’’; and 
(II) by striking ‘‘Under Secretary 
for Border and Transportation Secu-
rity’’ and inserting ‘‘Secretary’’; and 
(ii) by amending section 444 (6 
U.S.C. 254) to read as follows: 
‘‘SEC. 444. EMPLOYEE DISCIPLINE. 
‘‘Notwithstanding any other provision of law, the Sec-
retary may impose disciplinary action on any employee of 
United States Immigration and Customs Enforcement and 
United States Customs and Border Protection who will-
fully deceives Congress or agency leadership on any mat-
ter.’’. 
(b) CONFORMING AMENDMENTS.—Section 401 of the 
Homeland Security Act of 2002 (6 U.S.C. 201) is re-
pealed. 
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(c) CLERICAL AMENDMENTS.—The table of contents 
in section 1(b) of the Homeland Security Act of 2002 is 
amended— 
(1) by striking the item relating to title IV and 
inserting the following: 
‘‘TITLE IV—BORDER, MARITIME, AND TRANSPORTATION 
SECURITY’’; 
(2) by striking the item relating to subtitle A 
of title IV and inserting the following: 
‘‘Subtitle A—Border, Maritime, and Transportation Security Responsibilities 
and Functions’’; 
(3) by striking the item relating to section 401; 
(4) by striking the item relating to subtitle B 
of title IV and inserting the following: 
‘‘Subtitle B—United States Customs and Border Protection’’; 
(5) by striking the item relating to section 441 
and inserting the following: 
‘‘Sec. 441. Transfer of functions.’’; 
and 
(6) by striking the item relating to section 442 
and inserting the following: 
‘‘Sec. 442. United States Immigration and Customs Enforcement.’’. 
SEC. 5. REPORTS AND ASSESSMENTS. 
(a) REPORT ON BUSINESS TRANSFORMATION INITIA-
TIVE.—Not later than 90 days after the date of the enact-
ment of this Act, the Commissioner of United States Cus-
toms and Border Protection shall submit to the Committee 
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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 report on United 
States Customs and Border Protection’s Business Trans-
formation Initiative, including locations where the Initia-
tive is deployed, the types of equipment utilized, a descrip-
tion of protocols and procedures, information on wait 
times at such locations since deployment, and information 
regarding the schedule for deployment at new locations. 
(b) PORT OF ENTRY INFRASTRUCTURE NEEDS AS-
SESSMENTS.—Not later 180 days after the date of the en-
actment of this Act, the Commissioner of United States 
Customs and Border Protection shall assess the physical 
infrastructure and technology needs at the 20 busiest land 
ports of entry (as measured by United States Customs and 
Border Protection) with a particular attention to identify 
ways to— 
(1) improve travel and trade facilitation; 
(2) reduce wait times; 
(3) improve physical infrastructure and condi-
tions for individuals accessing pedestrian ports of 
entry; 
(4) enter into long-term leases with nongovern-
mental and private sector entities; 
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(5) enter into lease-purchase agreements with 
nongovernmental and private sector entities; and 
(6) achieve cost savings through leases de-
scribed in paragraphs (4) and (5). 
(c) PERSONAL SEARCHES.—Not later than 90 days 
after the date of the enactment of this Act, the Commis-
sioner of United States Customs and Border Protection 
shall submit to the Committee on Homeland Security of 
the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs of the Sen-
ate a report on supervisor-approved personal searches con-
ducted in the previous year by United States Customs and 
Border Protection personnel. Such report shall include the 
number of personal searches conducted in each sector and 
field office, the number of invasive personal searches con-
ducted in each sector and field office, whether personal 
searches were conducted by Office of Field Operations or 
United States Border Patrol personnel, and how many 
personal searches resulted in the discovery of contraband. 
SEC. 6. TRUSTED TRAVELER PROGRAMS. 
The Secretary of Homeland Security may not enter 
into or renew an agreement with the government of a for-
eign country for a trusted traveler program administered 
by United States Customs and Border Protection unless 
the Secretary certifies in writing that such government— 
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(1) routinely submits to INTERPOL for inclu-
sion in INTERPOL’s Stolen and Lost Travel Docu-
ments database information about lost and stolen 
passports and travel documents of the citizens and 
nationals of such country; or 
(2) makes available to the United States Gov-
ernment the information described in paragraph (1) 
through another means of reporting. 
SEC. 7. SENSE OF CONGRESS REGARDING THE FOREIGN 
LANGUAGE AWARD PROGRAM. 
(a) FINDINGS.—Congress finds the following: 
(1) Congress established the Foreign Language 
Award Program (FLAP) to incentivize employees at 
United States ports of entry to utilize their foreign 
language skills on the job by providing a financial 
incentive for the use of the foreign language for at 
least ten percent of their duties after passage of 
competency tests. FLAP incentivizes the use of more 
than two dozen languages and has been instrumental 
in identifying and utilizing United States Customs 
and Border Protection officers and agents who are 
proficient in a foreign language. 
(2) In 1993, Congress provided for dedicated 
funding for this program by stipulating that certain 
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fees collected by United States Customs and Border 
Protection to fund FLAP. 
(3) Through FLAP, foreign travelers are aided 
by having an officer at a port of entry who speaks 
their language, and United States Customs and Bor-
der Protection benefits by being able to focus its 
border security efforts in a more effective manner. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that FLAP incentivizes United States Customs and 
Border Protection officers and agents to attain and main-
tain competency in a foreign language, thereby improving 
the efficiency of operations for the functioning of United 
States Customs and Border Protection’s security mission, 
making the United States a more welcoming place when 
foreign travelers find officers can communicate in their 
language, and helping to expedite traveler processing to 
reduce wait times. 
SEC. 8. PROHIBITION ON NEW APPROPRIATIONS. 
No additional funds are authorized to be appro-
priated to carry out this Act and the amendments made 
by this Act, and this Act and such amendments shall be 
carried out using amounts otherwise made available for 
such purposes. 
Æ 
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