Amends the Homeland Security Act of 2002 with respect to the establishment in the Department of Homeland Security (DHS) of United States Immigration and Customs Enforcement (ICE) (formerly the Bureau of Immigration and Customs Enforcement).
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4279 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 4279
To amend the Homeland Security Act of 2002 to establish United States
Immigration and Customs Enforcement, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 21, 2014
Mrs. Miller of Michigan (for herself, Mr. McCaul, Ms. Jackson Lee, and
Mr. Cuellar) introduced the following bill; which was referred to the
Committee on Homeland Security, and in addition to the Committees on
Ways and Means and the Judiciary, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend the Homeland Security Act of 2002 to establish United States
Immigration and Customs Enforcement, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Immigration and
Customs Enforcement Authorization Act''.
SEC. 2. ESTABLISHMENT OF UNITED STATES IMMIGRATION AND CUSTOMS
ENFORCEMENT.
(a) In General.--Section 442 of the Homeland Security Act of 2002
(6 U.S.C. 252) is amended to read as follows:
``SEC. 442. ESTABLISHMENT OF UNITED STATES IMMIGRATION AND CUSTOMS
ENFORCEMENT.
``(a) Establishment.--There is established within the Department an
agency to be known as United States Immigration and Customs
Enforcement.
``(b) Director of United States Immigration and Customs
Enforcement.--There shall be at the head of United States Immigration
and Customs Enforcement a Director of United States Immigration and
Customs Enforcement (in this section referred to as the `Director'),
who shall be appointed by the President, by and with the advice and
consent of the Senate.
``(c) Duties and Qualifications.--The Director shall--
``(1) have a minimum of five years professional experience
in law enforcement, and a minimum of five years management
experience;
``(2) have the power to investigate and, where appropriate,
refer for prosecution, any criminal violation of Federal law
relating to or involving--
``(A) border control and security, including the
prevention of the entry or residence of terrorists,
criminals, and human rights violators;
``(B) customs, trade, or import or export control,
including the illicit possession, movement of, or trade
in goods, services, property, contraband, arms,
instruments of terrorism, items controlled or
prohibited from export, pornography, intellectual
property, or monetary instruments;
``(C) transnational money laundering or bulk cash
smuggling;
``(D) immigration or naturalization;
``(E) gangs or criminal syndicates engaged in
transnational criminal activity;
``(F) chapter 40 or 44 of title 18, United States
Code, or other violation relating to firearms,
explosives, or other destructive devices involving an
alien;
``(G) the employment or abuse of an alien,
including trafficking and peonage, labor violations,
sexual exploitation, pornography, prostitution, or sex
tourism;
``(H) identification, travel, or employment
documents;
``(I) unlawful use of personal information,
including immigration document fraud, when such use
relates to or affects border security, terrorism,
customs, immigration, naturalization, trade, travel, or
transportation security; and
``(J) travel security;
``(3) coordinate with Federal, State, local, tribal, and
foreign agencies to promote the efficient--
``(A) investigation of criminal violations of the
border security, terrorism, customs, immigration,
naturalization, trade, travel, and transportation laws
of the United States; and
``(B) civil enforcement of immigration laws, as
such term is defined in paragraph (17) of section
101(a) of the Immigration and Nationality Act (8 U.S.C.
1101(a));
``(4) in coordination with the Department of State and the
Office of International Affairs of the Department, establish
staff liaison offices and vetted units in appropriate foreign
countries to support the counterterrorism efforts and other
international activities and relationships of United States
Immigration and Customs Enforcement;
``(5) establish, maintain, and administer appropriate
interagency law enforcement centers in furtherance of the
Director's assigned duties, including the Centers specified in
subparagraphs (B) and (C) of subsection (f)(3); and
``(6) carry out the duties and powers prescribed by law or
delegated by the Secretary.
``(d) General Enforcement Powers.--The Director may authorize
agents and officers of United States Immigration and Customs
Enforcement to--
``(1) execute any warrants issued under the laws of the
United States;
``(2) issue and serve administrative or judicial subpoenas
and summonses;
``(3) carry firearms;
``(4) make arrests without warrant for any offense against
the United States committed in their presence, or for any
felony cognizable under the laws of the United States if they
have reasonable grounds to believe that the person to be
arrested has committed or is committing such felony;
``(5) seize any property, whether real or personal, that is
involved in any violation or attempted violation, or which
constitutes proceeds traceable to a violation, of those
provisions of law which United States Immigration and Customs
Enforcement is authorized to enforce;
``(6) offer and pay rewards for services and information
leading to the apprehension of persons involved in the
violation or attempted violation of those provisions of law
which United States Immigration and Customs Enforcement is
authorized to enforce; and
``(7) issue civil detainers for purposes of immigration
enforcement.
``(e) Deputy Director.--There shall be in United States Immigration
and Customs Enforcement a Deputy Director who shall assist the Director
in the management of United States Immigration and Customs Enforcement.
``(f) Office of Homeland Security Investigations.--
``(1) In general.--There is established in United States
Immigration and Customs Enforcement the Office of Homeland
Security Investigations.
``(2) Executive associate director.--There shall be at the
head of the Office of Homeland Security Investigations an
Executive Associate Director, who shall report to the Director.
``(3) Duties.--The Office of Homeland Security
Investigations shall--
``(A) serve as the law enforcement office of United
States Immigration and Customs Enforcement with primary
responsibility to conduct investigations of terrorist
organizations and other criminal organizations that
threaten homeland or border security;
``(B) administer the program to collect information
relating to nonimmigrant foreign students and other
exchange program participants described in section 641
of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1372), including
the Student and Exchange Visitor Information System
established under such section, and use such
information to carry out the enforcement functions of
United States Immigration and Customs Enforcement;
``(C) administer a National Intellectual Property
Rights Coordination Center, which shall serve as the
primary information sharing forum within the Federal
Government to coordinate, promote, and assist Federal
and international investigations of intellectual
property offenses;
``(D) administer a National Export Enforcement
Coordination Center, which shall serve as the primary
information sharing forum within the Federal Government
to coordinate, promote, and assist Federal and
international investigations of Export Control
offenses;
``(E) enforce Federal law relating to--
``(i) the unlawful employment of aliens;
and
``(ii) immigration document fraud; and
``(F) carry out other duties and powers prescribed
by the Director.
``(g) Office of Enforcement and Removal Operations.--
``(1) In general.--There is established in United States
Immigration and Customs Enforcement the Office of Enforcement
and Removal Operations.
``(2) Executive associate director.--There shall be at the
head of the Office of Enforcement and Removal Operations an
Executive Associate Director, who shall report to the Director.
``(3) Duties.--The Office of Enforcement and Removal
Operations shall--
``(A) identify, arrest, detain, and remove aliens
who--
``(i) engage in terrorist activities, are
affiliated with a terrorist organization, or
otherwise present a national security or public
safety risk to the United States;
``(ii) undermine the border security
efforts and operations of the United States;
``(iii) enter the United States in
violation of Federal law; or
``(iv) are otherwise subject to exclusion,
deportation, or removal from the United States;
and
``(B) carry out other duties and powers prescribed
by the Director.
``(h) Office of the Principal Legal Advisor.--
``(1) In general.--There is established in United States
Immigration and Customs Enforcement the Office of the Principal
Legal Advisor.
``(2) Principal legal advisor.--There shall be at the head
of the Office the Principal Legal Advisor a Principal Legal
Advisor, who shall report to the General Counsel of the
Department.
``(3) Duties.--The Office of the Principal Legal Advisor
shall provide specialized legal advice and policy guidance to
the Director and shall represent the Department in all
exclusion, deportation, and removal proceedings before the
Executive Office for Immigration Review.
``(i) Office of Professional Responsibility.--
``(1) In general.--There is established in the United
States Immigration and Customs Enforcement the Office of
Professional Responsibility.
``(2) Assistant director.--There shall be at the head of
the Office of Professional Responsibility an Assistant
Director, who shall report to the Director.
``(3) Duties.--The Office of Professional Responsibility
shall--
``(A) investigate allegations of administrative,
civil, and criminal misconduct involving any employee
or contractor of United States Immigration and Customs
Enforcement, or, as delegated by the Secretary, any
employee or contractor of the Department that are not
subject to investigation by the Inspector General of
the Department;
``(B) inspect and review United States Immigration
and Customs Enforcement's offices, operations, and
processes, including detention facilities operated or
used by United States Immigration and Customs
Enforcement, and provide an independent review of
United States Immigration and Custom Enforcement's
organizational health, effectiveness, and efficiency of
mission; and
``(C) provide and manage the security programs and
operations for United States Immigration and Customs
Enforcement.
``(j) Other Authorities.--
``(1) In general.--The Secretary may establish such other
Executive Associate Directors, Assistant Directors, agents,
officers, or other offices as the Secretary determines
necessary to carry out the missions, duties, functions, and
authorities of United States Immigration and Customs
Enforcement.
``(2) Notification.--If the Secretary exercises the
authority provided pursuant to paragraph (1), the Secretary
shall notify the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate not later than 30 days
before exercising the authority described in paragraph (1).
``(k) Other Federal Agencies.--Nothing in this section shall be
construed to limit the existing authority of any other Federal
agency.''.
(b) Special Rules.--
(1) Treatment.--Section 442 of the Homeland 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, duties, and authorities specified in such amended
section 442, United States Immigration and Customs Enforcement
shall continue to perform and carry out the functions,
missions, duties, and authorities under section 442 of such Act
as in existence on the day before such date of enactment.
(2) Rules of construction.--
(A) Rules and regulations.--Notwithstanding
paragraph (1), nothing in this Act may be construed as
affecting in any manner any rule or regulation issued
or promulgated pursuant to any provision of law,
including section 442 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 construed as affecting in
any manner any action, determination, policy, or
decision pursuant to section 442 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.
(c) Continuation in Office.--
(1) Director.--The individual serving as Assistant
Secretary for United States Immigration and Customs Enforcement
on the day before the date of the enactment of this Act may
continue to serve as the Director of United States Immigration
and Customs Enforcement in accordance with section 442 of the
Homeland Security Act of 2002, as amended by this Act until the
earlier of--
(A) the date on which such individual is no longer
eligible to serve as Director; or
(B) the date on which a person nominated by the
President to be the Director is confirmed by the Senate
in accordance with such amended section 442.
(2) Other positions.--The individuals serving as the Deputy
Director, Executive Associate Directors, Assistant Directors,
and other officers and employees under section 442 of the
Homeland Security Act of 2002 on the day before the date of the
enactment of this Act may serve as the appropriate Assistant
Directors and other officers and employees under such section
442 as amended by subsection (a) of this section unless the
Director of United States Immigration and Customs Enforcement
determines that another individual should hold such position.
(d) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by striking the item relating to section 442 and
inserting the following:
``Sec. 442. Establishment of United States Immigration and Customs
Enforcement.''.
(e) Transportation.--Section 1344(b)(6) of title 31, United States
Code, is amended by inserting ``the Director of United States
Immigration and Customs Enforcement, the Commissioner of Customs and
Border Protection,'' after ``the Administrator of the Drug Enforcement
Administration,''.
(f) Conforming Amendments.--
(1) Title 5.--Section 5314 of title 5, United States Code,
is amended by inserting after ``Director of the Bureau of
Citizenship and Immigration Services.'' the following new item:
``Director of United States Immigration and Customs
Enforcement.''.
(2) Homeland security act of 2002.--The Homeland Security
Ac of 2002 is amended--
(A) in subsection (a)(2)(C) of section 451 (6
U.S.C. 271), by striking ``at the same level as the
Assistant Secretary of the Bureau of Border Security''
and inserting ``in accordance with section 5314 of
title 5, United States Code'';
(B) in subsection (c) of section 459 (6 U.S.C.
276), by striking ``Assistant Secretary of the Bureau
of Border Security'' and inserting ``Director of United
States Immigration and Customs Enforcement'';
(C) in subsection (b)(2)(A) of section 462 (6
U.S.C. 279), in the matter preceding clause (i), by
striking ``Assistant Secretary of the Bureau of Border
Security'' and inserting ``Director of United States
Immigration and Customs Enforcement'';
(D) by repealing sections 443, 445, and 446 (6
U.S.C. 253, 255, and 256); and
(E) in section 1(b), by striking the items relating
to sections 445 and 446.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Homeland Security, and in addition to the Committees on Ways and Means, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Homeland Security, and in addition to the Committees on Ways and Means, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Homeland Security, and in addition to the Committees on Ways and Means, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Border and Maritime Security.
Referred to the Subcommittee on Immigration and Border Security.
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