[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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