[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2751 Introduced in House (IH)]
<DOC>
115th CONGRESS
1st Session
H. R. 2751
To amend the Homeland Security Act of 2002 to establish U.S.
Immigration and Customs and Enforcement, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 26, 2017
Mr. Higgins of Louisiana (for himself, Mr. McCaul, and Mr. Garrett)
introduced the following bill; which was referred to the Committee on
Homeland Security, and in addition to the Committees on the Judiciary,
and 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 amend the Homeland Security Act of 2002 to establish U.S.
Immigration and Customs and 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 ``U.S. Immigration and Customs
Enforcement Authorization Act''.
SEC. 2. ESTABLISHMENT OF U.S. 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 U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT.
``(a) Establishment.--There is established within the Department an
agency to be known as U.S. Immigration and Customs Enforcement.
``(b) Director of U.S. Immigration and Customs Enforcement.--There
shall be at the head of U.S. Immigration and Customs Enforcement a
Director of U.S. Immigration and Customs Enforcement (in this section
referred to as the `Director').
``(c) Duties and Qualifications.--The Director shall--
``(1) have a minimum of five years--
``(A) professional experience in law enforcement,
which may include law enforcement as it relates to the
immigration laws, as defined in paragraph (17) of
section 101(a) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(17)) or the customs and trade laws of
the United States, as defined in section 2 of the Trade
Facilitation and Trade Enforcement Act of 2015 (19
U.S.C. 4301); and
``(B) management experience;
``(2) in coordination with U.S. Customs and Border
Protection and United States Citizenship and Immigration
Services, enforce and administer immigration laws, as defined
in paragraph (17) of section 101(a) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)), including the
identification, arrest, detention, and removal of aliens who
may be inadmissible to, or deportable from, the United States;
``(3) have the power to investigate and, where appropriate,
refer for prosecution, any criminal or civil 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) the customs and trade laws of the United
States, as defined in section 2 of the Trade
Facilitation and Trade Enforcement Act of 2015 (19
U.S.C. 4301);
``(C) fraud, false statements, or the import or
export of merchandise, including the illicit
possession, movement of, or trade in goods, services,
property, arms, instruments of terrorism, items
controlled or prohibited from export, child
exploitation, intellectual property, or currency or
other monetary instruments;
``(D) bulk cash smuggling or other financial crimes
with a cross-border or international nexus;
``(E) the immigration laws, as defined in paragraph
(17) of section 101(a) of the Immigration and
Nationality Act (8 U.S.C. 1101(a));
``(F) transnational organized crime;
``(G) chapter 40 or 44 of title 18, United States
Code, or other violation relating to explosives,
firearms, other destructive devices involving an alien;
``(H) severe forms of trafficking in persons, as
defined in section 103 of the Victims of Trafficking
and Violence Protection Act of 2000 (22 U.S.C. 7102);
``(I) the production, procurement, counterfeiting,
alteration, or use of fraudulent immigration documents
or fraudulently obtaining immigration benefits;
``(J) unlawful use of personal information, when
such use relates to or affects border security,
terrorism, customs, immigration, naturalization, trade,
or transportation security;
``(K) computer crimes, pursuant to section 1030(d)
of title 18, United States Code, in cooperation, where
required by law, with the United States Secret Service
and the Federal Bureau of Investigation; and
``(L) drug laws, as specified in the Controlled
Substances Act and the Controlled Substances Import and
Export Act in the context of cross-border criminal
activity;
``(4) administer the National Intellectual Property Rights
Coordination Center established in section 305 of the Trade
Facilitation and Trade Enforcement Act of 2015 (Public Law 114-
125; 19 U.S.C. 4344);
``(5) jointly with the Commissioner of U.S. Customs and
Border Protection, develop and submit the joint strategic plan
required under section 105 of the Trade Facilitation and Trade
Enforcement Act of 2015 (Public Law 114-125; 19 U.S.C. 4314);
``(6) coordinate, as otherwise permitted by law, with
Federal, State, local, tribal, and foreign agencies in carrying
out the duties set forth in paragraphs (2) and (3);
``(7) in coordination with the Office of International
Affairs of the Department and the Department of State,
establish staff liaison offices and vetted units in foreign
countries to support law enforcement activities that require
international cooperation, including investigations and
repatriation efforts;
``(8) assign employees of the Department to diplomatic and
consular posts, in coordination with the Secretary, pursuant to
section 428(e);
``(9) establish, maintain, and administer appropriate law
enforcement centers, including interagency centers, in
accordance with applicable law, or as prescribed by the
Secretary or in furtherance of the Director's assigned duties;
``(10) administer the Border Enforcement Security Task
Force established under section 432;
``(11) operate the Cyber Crimes Center established in
section 890A;
``(12) in carrying out paragraph (3), administer internal
conspiracy investigations at United States ports of entry; and
``(13) carry out other duties and powers prescribed by law
or delegated by the Secretary.
``(d) General Enforcement Powers.--The Director may authorize
agents and officers of U.S. Immigration and Customs Enforcement to--
``(1) carry out the duties and responsibilities authorized
under section 287 of the Immigration and Nationality Act (8
U.S.C. 1357) and section 589 of the Tariff Act of 1930 (19
U.S.C. 1589a);
``(2) 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 U.S. Immigration and Customs
Enforcement is authorized to enforce;
``(3) offer and pay rewards for services and information
regarding the apprehension of persons involved in, or the
seizure and forfeiture of property associated with, the
violation or attempted violation of those provisions of law
which U.S. Immigration and Customs Enforcement is authorized to
enforce;
``(4) issue detainers for purposes of immigration
enforcement pursuant to sections 236, 241, and 287 of the
Immigration and Nationality Act (8 U.S.C. 1226, 1231, and
1357); and
``(5) conduct undercover investigative operations pursuant
to section 294 of the Immigration and Nationality Act (8 U.S.C.
1363a), and section 3131 of the Customs Enforcement Act of 1986
(19 U.S.C. 2081; enacted as part of the Anti-Drug Abuse Act of
1986).
``(e) Deputy Director.--There shall be in U.S. Immigration and
Customs Enforcement a Deputy Director who shall assist the Director in
the management of U.S. Immigration and Customs Enforcement.
``(f) Office of Homeland Security Investigations.--
``(1) In general.--There is established in U.S. 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 U.S.
Immigration and Customs Enforcement with primary
responsibility to conduct investigations of terrorist
organizations and other criminal organizations that
threaten the homeland or border security;
``(B) serve as the law enforcement office of U.S.
Immigration and Customs Enforcement with primary
responsibility to conduct investigations of, and, where
appropriate, refer for prosecution, any criminal or
civil violations of Federal law, including--
``(i) financial crimes;
``(ii) money laundering and bulk cash
smuggling;
``(iii) commercial fraud and intellectual
property theft;
``(iv) cybercrimes;
``(v) human smuggling, human trafficking,
and human rights violations;
``(vi) narcotics and weapons smuggling and
trafficking;
``(vii) transnational gang activity;
``(viii) export violations;
``(ix) international art and antiquity
theft;
``(x) identity and benefit fraud;
``(xi) unlawful employment of unauthorized
aliens; and
``(xii) any other criminal or civil
violation prescribed by law or delegated by the
Director;
``(C) administer the program to collect information
relating to nonimmigrant foreign students and exchange
visitor 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
U.S. Immigration and Customs Enforcement; and
``(D) carry out other duties and powers prescribed
by the Director.
``(g) Office of Enforcement and Removal Operations.--
``(1) In general.--There is established in U.S. 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) serve as the law enforcement office of U.S.
Immigration and Customs Enforcement with primary
responsibility to enforce the civil immigration and
nationality laws of the United States, except to the
extent that any other agency of the Federal Government
has the responsibility or authority for so doing;
``(B) identify, locate, detain, and arrest aliens
in custodial settings or at-large who may be subject to
removal from the United States;
``(C) have custody (and the authority to release)
over aliens detained for potential exclusion,
deportation, or removal from the United States, manage
the administrative immigration detention operations of
U.S. Immigration and Customs Enforcement, and provide
necessary and appropriate medical care and dental and
mental health services to detained aliens in the
custody of the agency;
``(D) plan, coordinate, and manage the execution of
exclusion, deportation, and removal orders issued to
aliens;
``(E) investigate and refer for prosecution any
civil or criminal violation of the immigration laws or
any offense described in section 287(a)(5) of the
Immigration and Nationality Act (8 U.S.C. 1357(a)(5));
and
``(F) carry out other duties and powers prescribed
by the Director.
``(h) Office of the Principal Legal Advisor.--
``(1) In general.--There is established in U.S. 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.
``(3) Duties.--The Office of the Principal Legal Advisor
shall--
``(A) represent U.S. Immigration and Customs
Enforcement in venues and fora as authorized by the
Director or otherwise permitted by law; and
``(B) carry out other duties and powers prescribed
by the Director.
``(i) Office of Professional Responsibility.--
``(1) In general.--There is established in U.S. Immigration
and Customs Enforcement the Office of Professional
Responsibility.
``(2) Associate director.--There shall be at the head of
the Office of Professional Responsibility an Associate
Director, who shall report to the Director.
``(3) Duties.--The Office of Professional Responsibility
shall--
``(A) investigate allegations of criminal, civil,
or administrative misconduct involving any employee,
officer, or contractor of U.S. Immigration and Customs
Enforcement;
``(B) inspect and review U.S. Immigration and
Customs Enforcement's offices, operations, and
processes, including detention facilities operated or
used by U.S. Immigration and Customs Enforcement, and
provide an independent review of U.S. Immigration and
Custom Enforcement's organizational health,
effectiveness, and efficiency of mission;
``(C) provide and manage the security programs and
operations for U.S. Immigration and Customs
Enforcement; and
``(D) carry out other duties and powers prescribed
by the Director.
``(j) Other Authorities.--
``(1) In general.--The Secretary may establish such other
Executive Associate Directors, Assistant Directors, or other
similar officers or officials, or other offices or positions as
the Secretary determines necessary to carry out the missions,
duties, functions, and authorities of U.S. 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 and the
Committee on the Judiciary of the House of Representatives and
the Committee on Homeland Security and Governmental Affairs and
the Committee on the Judiciary of the Senate not later than 30
days before exercising such authority.
``(k) Other Federal Agencies.--Nothing in this section may be
construed as affecting or limiting in any manner the authority, as in
existence on the day before the date of the enactment of this section,
of any other Federal agency or other component of the Department.''.
(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. In addition to the functions, missions,
duties, and authorities specified in such amended section 442,
U.S. 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 (notwithstanding the
treatment described in this paragraph).
(2) Rules of construction.--
(A) Rules and regulations.--Notwithstanding the
treatment described in 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 the treatment
described in 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 the Director of
U.S. Immigration and Customs Enforcement on the day before the
date of the enactment of this Act (notwithstanding the
treatment described in subsection (b)(1)) may serve as the
Director of U.S. Immigration and Customs Enforcement in
accordance with section 442 of the Homeland Security Act of
2002, as amended by subsection (a), 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 section 441.
(2) Other positions.--The individuals serving as the Deputy
Director, Executive Associate Directors, Deputy Executive
Associate Directors, or similar officers or officials of U.S.
Immigration and Customs Enforcement under section 442 of the
Homeland Security Act of 2002 on the day before the date of the
enactment of this Act (notwithstanding the treatment described
in subsection (b)(1)) may serve as the appropriate Deputy
Director, Executive Associate Directors, Deputy Executive
Associate Directors, Associate Directors, Deputy Associate
Directors, Assistant Directors, and other officers and
officials under section 442 of such Act, as amended by
subsection (a), unless the Director of U.S. Immigration and
Customs Enforcement determines that another individual should
hold such position.
(d) Transportation.--Paragraph (6) of section 1344(b) of title 31,
United States Code, is amended by inserting ``, the Director of U.S.
Immigration and Customs Enforcement, the Commissioner of Customs and
Border Protection,'' before ``the Administrator of the Drug Enforcement
Administration,''.
(e) 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 U.S. Immigration and Customs Enforcement.''.
(2) Title 18.--Subsection (d) of section 1030 of title 18,
United States Code, is amended--
(A) in paragraph (1), by inserting ``and U.S.
Immigration and Customs Enforcement'' after ``United
States Secret Service'';
(B) in paragraph (2), by inserting, ``, in
collaboration with U.S. Immigration and Customs
Enforcement'' after ``Federal Bureau of
Investigation''; and
(C) in paragraph (3), by striking ``Secretary of
the Treasury'' and inserting ``Secretary of Homeland
Security''.
(3) Trade facilitation and trade enforcement act of 2015.--
Paragraph (2) of section 802(d) of the Trade Facilitation and
Trade Enforcement Act of 2015 (Public Law 114-125) is amended
by inserting before the period at the end the following: ``or
the Director of U.S. Immigration and Customs Enforcement, as
determined by the Secretary of Homeland Security''.
(4) Homeland security act of 2002.--Title IV of the
Homeland Security Act of 2002 is amended--
(A) in subtitle C--
(i) in subsection (e) of section 428 (6
U.S.C. 236), by adding at the end the following
new paragraph:
``(9) Delegated authority.--For purposes of this
subsection, the Secretary shall act through the Director of
U.S. Immigration and Customs Enforcement.''; and
(ii) in section 432 (6 U.S.C. 240)--
(I) by redesignating subsection (e)
as subsection (f); and
(II) by inserting after subsection
(d) the following new subsection:
``(e) Administration.--The Director of U.S. Immigration and Customs
Enforcement shall administer BEST units established under this
section.'';
(B) in subtitle D--
(i) by amending the subtitle heading to
read as follows: ``U.S. Immigration and Customs
Enforcement''; and
(ii) by repealing sections 445 and 446 (6
U.S.C. 255 and 256);
(C) in subtitle E--
(i) 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'';
(ii) 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 U.S. Immigration and
Customs Enforcement''; and
(iii) 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 U.S. Immigration and
Customs Enforcement''; and
(D) in subtitle F, in subsection (a)(2)(B) of
section 472 (6 U.S.C. 292), by striking ``Bureau of
Border Security'' and inserting ``U.S. Immigration and
Customs Enforcement''.
(f) Clerical Amendments.--The table of contents in section 1(b) of
such Act is amended--
(1) by striking the item relating to subtitle D of title IV
and inserting the following new item:
``Subtitle D--U.S. Immigration and Customs Enforcement''.
(2) by striking the items relating sections 445 and 446.
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