[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3846 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 3846

       To provide for the authorization of border, maritime, and 
     transportation security responsibilities and functions in the 
Department of Homeland Security and the establishment of United States 
         Customs and Border Protection, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 10, 2014

Mrs. Miller of Michigan (for herself, Mr. McCaul, and Ms. Jackson Lee) 
 introduced the following bill; which was referred to the Committee on 
Homeland Security, and in addition to the Committee on Ways and Means, 
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 provide for the authorization of border, maritime, and 
     transportation security responsibilities and functions in the 
Department of Homeland Security and the establishment of United States 
         Customs and Border Protection, 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 Customs and Border 
Protection Authorization Act''.

SEC. 2. ESTABLISHMENT OF UNITED STATES CUSTOMS AND BORDER PROTECTION.

    (a) In General.--Section 411 of the Homeland Security Act of 2002 
(6 U.S.C. 211) is amended to read as follows:

``SEC. 411. ESTABLISHMENT OF UNITED STATES CUSTOMS AND BORDER 
              PROTECTION; COMMISSIONER, DEPUTY COMMISSIONER, AND 
              OPERATIONAL OFFICES.

    ``(a) In General.--There is established in the Department an agency 
to be known as United States Customs and Border Protection.
    ``(b) Commissioner of United States Customs and Border 
Protection.--There shall be at the head of United States Customs and 
Border Protection a Commissioner of United States Customs and Border 
Protection (in this section referred to as the `Commissioner'), who 
shall be appointed by the President, by and with the advice and consent 
of the Senate.
    ``(c) Duties.--The Commissioner shall--
            ``(1) ensure the interdiction of persons and goods 
        illegally entering or exiting the United States;
            ``(2) facilitate and expedite the flow of legitimate 
        travelers and trade;
            ``(3) detect, respond, and interdict terrorists, drug 
        traffickers, human traffickers, criminals, and other persons 
        who may undermine the security of the United States;
            ``(4) safeguard the borders of the United States to protect 
        against the entry of dangerous goods while facilitating and 
        expediting the flow of legitimate trade and travel;
            ``(5) oversee the functions of the Office of International 
        Trade established under section 402 of the Security and 
        Accountability for Every Port Act of 2006 (19 U.S.C. 2072; 
        Public Law 109-347);
            ``(6) enforce and administer all customs laws of the United 
        States;
            ``(7) develop and implement screening and targeting 
        capabilities, including the screening, reviewing, identifying, 
        and prioritizing of passengers and cargo across all 
        international modes of transportation, both inbound and 
        outbound; and
            ``(8) carry out the duties and powers prescribed by law or 
        delegated by the Secretary.
    ``(d) Deputy Commissioner.--There shall be in United States Customs 
and Border Protection a Deputy Commissioner who shall assist the 
Commissioner in the management of United States Customs and Border 
Protection.
    ``(e) Office of United States Border Patrol.--
            ``(1) In general.--There is established in United States 
        Customs and Border Protection the Office of United States 
        Border Patrol.
            ``(2) Chief.--There shall be at the head of the Office of 
        United States Border Patrol a Chief, who shall be a uniformed 
        law enforcement officer chosen from the ranks of the United 
        States Border Patrol and who shall report to the Commissioner.
            ``(3) Duties.--The United States Border Patrol shall--
                    ``(A) serve as the law enforcement office of United 
                States Customs and Border Protection with primary 
                responsibility for interdicting persons attempting to 
                illegally enter or exit the United States or goods 
                being illegally imported to or exported from the United 
                States at a place other than a designated port of 
                entry;
                    ``(B) deter and prevent illegal entry of 
                terrorists, terrorist weapons, persons, and contraband; 
                and
                    ``(C) carry out other duties and powers prescribed 
                by the Commissioner.
    ``(f) Office of Air and Marine Operations.--
            ``(1) In general.--There is established in United States 
        Customs and Border Protection an Office of Air and Marine 
        Operations.
            ``(2) Assistant commissioner.--There shall be at the head 
        of the Office of Air and Marine Operations an Assistant 
        Commissioner, who shall report to the Commissioner.
            ``(3) Duties.--The Office of Air and Marine Operations 
        shall--
                    ``(A) serve as the law enforcement office of United 
                States Customs and Border Protection with primary 
                responsibility to detect, interdict, and prevent acts 
                of terrorism and the unlawful movement of people, 
                illicit drugs, and other contraband across the borders 
                of the United States in the air and maritime 
                environment;
                    ``(B) oversee the acquisition, maintenance, and 
                operational use of United States Customs and Border 
                Protection integrated air and marine forces;
                    ``(C) provide aviation and marine support for other 
                Federal, State, and local law enforcement agency needs, 
                as appropriate; and
                    ``(D) carry out other duties and powers prescribed 
                by the Commissioner.
    ``(g) Office of Field Operations.--
            ``(1) In general.--There is established in United States 
        Customs and Border Protection an Office of Field Operations.
            ``(2) Assistant commissioner.--There shall be at the head 
        of the Office of Field Operations an Assistant Commissioner, 
        who shall report to the Commissioner.
            ``(3) Duties.--The Office of Field Operations shall 
        coordinate the enforcement activities of United States Customs 
        and Border Protection at United States air, land, and sea ports 
        of entry to--
                    ``(A) deter and prevent terrorists and terrorist 
                weapons from entering the United States at ports of 
                entry;
                    ``(B) conduct inspections at United States ports of 
                entry to safeguard the United States from terrorism and 
                illegal entry of persons;
                    ``(C) prevent illicit drugs, agricultural pests, 
                and contraband from entering the United States; and
                    ``(D) carry out other duties and powers prescribed 
                by the Commissioner.
    ``(h) Office of Intelligence and Investigative Liaison.--
            ``(1) In general.--There is established in United States 
        Customs and Border Protection an Office of Intelligence and 
        Investigative Liaison.
            ``(2) Assistant commissioner.--There shall be at the head 
        of the Office of Intelligence and Investigative Liaison an 
        Assistant Commissioner, who shall report to the Commissioner.
            ``(3) Duties.--The Office of Intelligence and Investigative 
        Liaison shall--
                    ``(A) develop, provide, coordinate, and implement 
                intelligence capabilities into a cohesive intelligence 
                enterprise to support the execution of the United 
                States Customs and Border Protection duties and 
                responsibilities;
                    ``(B) collect and analyze advance traveler and 
                cargo information;
                    ``(C) establish intelligence-sharing relationships 
                with Federal, State, local, and tribal agencies and 
                intelligence agencies; and
                    ``(D) carry out other duties and powers prescribed 
                by the Commissioner.
    ``(i) Office of International Affairs.--
            ``(1) In general.--There is established in United States 
        Customs and Border Protection an Office of International 
        Affairs.
            ``(2) Assistant commissioner.--There shall be at the head 
        of the Office of International Affairs an Assistant 
        Commissioner, who shall report to the Commissioner.
            ``(3) Duties.--The Office of International Affairs shall--
                    ``(A) coordinate and support United States Customs 
                and Border Protection's foreign initiatives, policies, 
                programs, and activities;
                    ``(B) coordinate and support United States Customs 
                and Border Protection's personnel stationed abroad;
                    ``(C) maintain partnerships and information sharing 
                agreements with foreign governments, international 
                organizations, and United States agencies in support of 
                United States Customs and Border Protection duties and 
                responsibilities;
                    ``(D) provide necessary capacity building, 
                training, and assistance to foreign border control 
                agencies to strengthen global supply chain and travel 
                security;
                    ``(E) coordinate mission support services to 
                sustain United States Customs and Border Protection's 
                global activities;
                    ``(F) lead and coordinate United States Customs and 
                Border Protection's engagement in international 
                negotiations, in collaboration with the Office of 
                International Affairs of the Department; and
                    ``(G) carry out other duties and powers prescribed 
                by the Commissioner.
    ``(j) Other Authorities.--
            ``(1) In general.--The Secretary may establish such other 
        Assistant Commissioners, agents, officers, and other offices as 
        the Secretary determines necessary to carry out the missions, 
        duties, functions, and authorities of United States Customs and 
        Border Protection.
            ``(2) Notification.--If the Secretary exercises the 
        authority provided pursuant to paragraph (1), the Secretary 
        shall notify the appropriate congressional committees not later 
        than 30 days before exercising such authority.''.
    (b) Special Rules.--
            (1) Treatment.--Section 411 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 411, United States Customs and Border Protection 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.
            (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 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 
                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 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 
                action, 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 
        Border Protection is appointed under section 411 of the 
        Homeland Security Act of 2002, as amended by subsection (a) of 
        this section.
            (2) Other positions.--The individuals serving as Assistant 
        Commissioners and other officers and officials under section 
        411 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 Commissioners and other officers and officials under 
        such section 411 as amended by subsection (a) of this section 
        unless the Commissioner of United States Customs and Border 
        Protection determines that another individual should hold such 
        position.
    (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 Customs'' or the ``Commissioner of the 
        Customs Service'' shall be deemed to be a reference to the 
        Commissioner 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 relating 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 and 418 of the Homeland Security Act of 2002 (6 U.S.C. 
216 and 218), 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 inserting ``Commissioner of United 
                States Customs and Border Protection''; and
                    (B) in section 103(a)(1) (6 U.S.C. 113(a)(1))--
                            (i) in subparagraph (C), by striking ``An 
                        Under Secretary for Border and Transportation 
                        Security.'' and inserting ``A Commissioner of 
                        United States Customs and Border Protection.''; 
                        and
                            (ii) in subparagraph (G), by striking ``A 
                        Director of the Office of Counternarcotics 
                        Enforcement.'' and inserting ``A Director for 
                        United States Immigration and Customs 
                        Enforcement.'';
            (2) in title IV--
                    (A) by striking the title heading and inserting 
                ``BORDER, MARITIME, AND TRANSPORTATION SECURITY''; and
                    (B) in subtitle A--
                            (i) by striking the subtitle heading and 
                        inserting ``Border, Maritime, and 
                        Transportation Security Responsibilities 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 responsibilities''; and
                                    (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 Customs and Border 
                        Protection'';
                            (ii) in section 412(b) (6 U.S.C. 212), by 
                        striking ``United States Customs Service'' each 
                        place it appears and inserting ``United States 
                        Customs and Border Protection'';
                            (iii) in section 413 (6 U.S.C. 213), by 
                        striking ``United States Customs Service'' and 
                        inserting ``United States Customs and Border 
                        Protection'';
                            (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), by 
                        striking ``United States Customs Service'' each 
                        place it appears and inserting ``United States 
                        Customs and Border Protection'';
                    (D) in subtitle C--
                            (i) by striking section 424 (6 U.S.C. 234) 
                        and inserting the following new section:

``SEC. 424. PRESERVATION OF TRANSPORTATION SECURITY ADMINISTRATION AS A 
              DISTINCT ENTITY.

    ``Notwithstanding any other provision of this Act, the 
Transportation Security Administration shall be maintained 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
                                    (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 heading 
                                and inserting ``transfer of 
                                functions''; and
                                    (II) by striking ``Under Secretary 
                                for Border and Transportation 
                                Security'' and inserting ``Secretary'';
                            (ii) in section 443 (6 U.S.C. 253), by 
                        amending the section to read as follows:

``SEC. 443. PROFESSIONAL RESPONSIBILITY AND QUALITY REVIEW.

    ``The Secretary shall be responsible for--
            ``(1) conducting investigations on noncriminal allegations 
        of misconduct, corruption, and fraud involving any employee of 
        United States Immigration and Customs Enforcement and United 
        States Customs and Border Protection that are not subject to 
        investigation by the Inspector General of the Department;
            ``(2) inspecting the training and operations of United 
        States Immigration and Customs Enforcement and United States 
        Customs and Border Protection, and providing assessments of the 
        quality of such training and operations;
            ``(3) providing analysis of the management of United States 
        Immigration and Customs Enforcement and United States Customs 
        and Border Protection; and
            ``(4) monitoring contracts between the Department and the 
        private sector that provide technology, equipment, or services 
        relating to border security to ensure that proper procedures 
        are being followed.''; and
                            (iii) in section 444 (6 U.S.C. 254), by 
                        amending the section to read as follows:

``SEC. 444. EMPLOYEE DISCIPLINE.

    ``The Secretary may, notwithstanding any other provision of law, 
impose disciplinary action, including termination of employment, 
pursuant to policies and procedures applicable to employees of the 
Federal Bureau of Investigation, on any employee of United States 
Immigration and Customs Enforcement and United States Customs and 
Border Protection who willfully deceives Congress or agency leadership 
on any matter.''.
    (b) Conforming Amendments.--Section 401 of the Homeland Security 
Act of 2002 (6 U.S.C. 201) is repealed.
    (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.''.
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