United States Immigration and Customs Enforcement Authorization Act

Summary: 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).

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.