[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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