I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘United States Customs 

5 and Border Protection Authorization Act’’. 


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1 SEC. 2. ESTABLISHMENT OF UNITED STATES CUSTOMS AND 

2 BORDER PROTECTION. 

3 (a) IN GENERAL.—Section 411 of the Homeland Se4 curity Act of 2002 (6 U.S.C. 211) is amended to read 

5 as follows: 

6 ‘‘SEC. 411. ESTABLISHMENT OF UNITED STATES CUSTOMS 

7 AND BORDER PROTECTION; COMMISSIONER, 

8 DEPUTY COMMISSIONER, AND OPERATIONAL 

9 OFFICES. 

10 ‘‘(a) IN GENERAL.—There is established in the De11 partment an agency to be known as United States Cus12 toms and Border Protection. 

13 ‘‘(b) COMMISSIONER OF UNITED STATES CUSTOMS

14 AND BORDER PROTECTION.—There shall be at the head 

15 of United States Customs and Border Protection a Com16 missioner of United States Customs and Border Protec17 tion (in this section referred to as the ‘Commissioner’), 

18 who shall be appointed by the President, by and with the 

19 advice and consent of the Senate. 

20 ‘‘(c) DUTIES.—The Commissioner shall— 

21 ‘‘(1) ensure the interdiction of persons and 

22 goods illegally entering or exiting the United States; 

23 ‘‘(2) facilitate and expedite the flow of legiti24 mate travelers and trade; 

25 ‘‘(3) detect, respond, and interdict terrorists, 

26 drug traffickers, human traffickers, criminals, and 


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1 other persons who may undermine the security of 

2 the United States; 

3 ‘‘(4) safeguard the borders of the United States 

4 to protect against the entry of dangerous goods 

5 while facilitating and expediting the flow of legiti6 mate trade and travel; 

7 ‘‘(5) oversee the functions of the Office of 

8 International Trade established under section 402 of 

9 the Security and Accountability for Every Port Act 

10 of 2006 (19 U.S.C. 2072; Public Law 109–347); 

11 ‘‘(6) enforce and administer all customs laws of 

12 the United States; 

13 ‘‘(7) develop and implement screening and tar14 geting capabilities, including the screening, review15 ing, identifying, and prioritizing of passengers and 

16 cargo across all international modes of transpor17 tation, both inbound and outbound; and 

18 ‘‘(8) carry out the duties and powers prescribed 

19 by law or delegated by the Secretary. 

20 ‘‘(d) DEPUTY COMMISSIONER.—There shall be in 

21 United States Customs and Border Protection a Deputy 

22 Commissioner who shall assist the Commissioner in the 

23 management of United States Customs and Border Pro24 tection. 


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1 ‘‘(e) OFFICE OF UNITED STATES BORDER PA2 TROL.— 

3 ‘‘(1) IN GENERAL.—There is established in 

4 United States Customs and Border Protection the 

5 Office of United States Border Patrol. 

6 ‘‘(2) CHIEF.—There shall be at the head of the 

7 Office of United States Border Patrol a Chief, who 

8 shall be a uniformed law enforcement officer chosen 

9 from the ranks of the United States Border Patrol 

10 and who shall report to the Commissioner. 

11 ‘‘(3) DUTIES.—The United States Border Pa12 trol shall— 

13 ‘‘(A) serve as the law enforcement office of 

14 United States Customs and Border Protection 

15 with primary responsibility for interdicting per16 sons attempting to illegally enter or exit the 

17 United States or goods being illegally imported 

18 to or exported from the United States at a 

19 place other than a designated port of entry; 

20 ‘‘(B) deter and prevent illegal entry of ter21 rorists, terrorist weapons, persons, and contra22 band; and 

23 ‘‘(C) carry out other duties and powers 

24 prescribed by the Commissioner. 

25 ‘‘(f) OFFICE OF AIR AND MARINE OPERATIONS.— 


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1 ‘‘(1) IN GENERAL.—There is established in 

2 United States Customs and Border Protection an 

3 Office of Air and Marine Operations. 

4 ‘‘(2) ASSISTANT COMMISSIONER.—There shall 

5 be at the head of the Office of Air and Marine Oper6 ations an Assistant Commissioner, who shall report 

7 to the Commissioner. 

8 ‘‘(3) DUTIES.—The Office of Air and Marine 

9 Operations shall— 

10 ‘‘(A) serve as the law enforcement office of 

11 United States Customs and Border Protection 

12 with primary responsibility to detect, interdict, 

13 and prevent acts of terrorism and the unlawful 

14 movement of people, illicit drugs, and other 

15 contraband across the borders of the United 

16 States in the air and maritime environment; 

17 ‘‘(B) oversee the acquisition, maintenance, 

18 and operational use of United States Customs 

19 and Border Protection integrated air and ma20 rine forces; 

21 ‘‘(C) provide aviation and marine support 

22 for other Federal, State, and local law enforce23 ment agency needs, as appropriate; and 

24 ‘‘(D) carry out other duties and powers 

25 prescribed by the Commissioner. 


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1 ‘‘(g) OFFICE OF FIELD OPERATIONS.— 

2 ‘‘(1) IN GENERAL.—There is established in 

3 United States Customs and Border Protection an 

4 Office of Field Operations. 

5 ‘‘(2) ASSISTANT COMMISSIONER.—There shall 

6 be at the head of the Office of Field Operations an 

7 Assistant Commissioner, who shall report to the 

8 Commissioner. 

9 ‘‘(3) DUTIES.—The Office of Field Operations 

10 shall coordinate the enforcement activities of United 

11 States Customs and Border Protection at United 

12 States air, land, and sea ports of entry to— 

13 ‘‘(A) deter and prevent terrorists and ter14 rorist weapons from entering the United States 

15 at ports of entry; 

16 ‘‘(B) conduct inspections at United States 

17 ports of entry to safeguard the United States 

18 from terrorism and illegal entry of persons; 

19 ‘‘(C) prevent illicit drugs, agricultural 

20 pests, and contraband from entering the United 

21 States; and 

22 ‘‘(D) carry out other duties and powers 

23 prescribed by the Commissioner. 

24 ‘‘(h) OFFICE OF INTELLIGENCE AND INVESTIGATIVE

25 LIAISON.— 


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1 ‘‘(1) IN GENERAL.—There is established in 

2 United States Customs and Border Protection an 

3 Office of Intelligence and Investigative Liaison. 

4 ‘‘(2) ASSISTANT COMMISSIONER.—There shall 

5 be at the head of the Office of Intelligence and In6 vestigative Liaison an Assistant Commissioner, who 

7 shall report to the Commissioner. 

8 ‘‘(3) DUTIES.—The Office of Intelligence and 

9 Investigative Liaison shall— 

10 ‘‘(A) develop, provide, coordinate, and im11 plement intelligence capabilities into a cohesive 

12 intelligence enterprise to support the execution 

13 of the United States Customs and Border Pro14 tection duties and responsibilities; 

15 ‘‘(B) collect and analyze advance traveler 

16 and cargo information; 

17 ‘‘(C) establish intelligence-sharing relation18 ships with Federal, State, local, and tribal 

19 agencies and intelligence agencies; and 

20 ‘‘(D) carry out other duties and powers 

21 prescribed by the Commissioner. 

22 ‘‘(i) OFFICE OF INTERNATIONAL AFFAIRS.— 

23 ‘‘(1) IN GENERAL.—There is established in 

24 United States Customs and Border Protection an 

25 Office of International Affairs. 


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1 ‘‘(2) ASSISTANT COMMISSIONER.—There shall 

2 be at the head of the Office of International Affairs 

3 an Assistant Commissioner, who shall report to the 

4 Commissioner. 

5 ‘‘(3) DUTIES.—The Office of International Af6 fairs shall— 

7 ‘‘(A) coordinate and support United States 

8 Customs and Border Protection’s foreign initia9 tives, policies, programs, and activities; 

10 ‘‘(B) coordinate and support United States 

11 Customs and Border Protection’s personnel sta12 tioned abroad; 

13 ‘‘(C) maintain partnerships and informa14 tion sharing agreements with foreign govern15 ments, international organizations, and United 

16 States agencies in support of United States 

17 Customs and Border Protection duties and re18 sponsibilities; 

19 ‘‘(D) provide necessary capacity building, 

20 training, and assistance to foreign border con21 trol agencies to strengthen global supply chain 

22 and travel security; 

23 ‘‘(E) coordinate mission support services to 

24 sustain United States Customs and Border Pro25 tection’s global activities; 


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1 ‘‘(F) lead and coordinate United States 

2 Customs and Border Protection’s engagement 

3 in international negotiations, in collaboration 

4 with the Office of International Affairs of the 

5 Department; and 

6 ‘‘(G) carry out other duties and powers 

7 prescribed by the Commissioner. 

8 ‘‘(j) OTHER AUTHORITIES.— 

9 ‘‘(1) IN GENERAL.—The Secretary may estab10 lish such other Assistant Commissioners, agents, of11 ficers, and other offices as the Secretary determines 

12 necessary to carry out the missions, duties, func13 tions, and authorities of United States Customs and 

14 Border Protection. 

15 ‘‘(2) NOTIFICATION.—If the Secretary exercises 

16 the authority provided pursuant to paragraph (1), 

17 the Secretary shall notify the appropriate congres18 sional committees not later than 30 days before ex19 ercising such authority.’’. 

20 (b) SPECIAL RULES.— 

21 (1) TREATMENT.—Section 411 of the Home22 land Security Act of 2002, as amended by subsection 

23 (a) of this section, shall be treated as if included in 

24 such Act as of the date of the enactment of such 

25 Act, and, in addition to the functions, missions, duVerDate Mar 15 2010 02:01 Jan 11, 2014 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3846.IH H3846

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1 ties, and authorities specified in such amended sec2 tion 411, United States Customs and Border Protec3 tion shall continue to perform and carry out the 

4 functions, missions, duties, and authorities under 

5 section 411 of such Act as in existence on the day 

6 before such date of enactment. 

7 (2) RULES OF CONSTRUCTION.— 

8 (A) RULES AND REGULATIONS.—Notwith9 standing paragraph (1), nothing in this Act 

10 may be construed as affecting in any manner 

11 any rule or regulation issued or promulgated 

12 pursuant to section 411 of the Homeland Secu13 rity Act of 2002 as in existence on the day be14 fore the date of the enactment of this Act, and 

15 any such rule or regulation shall continue to 

16 have full force and effect on and after such 

17 date. 

18 (B) OTHER ACTIONS.—Notwithstanding 

19 paragraph (1), nothing in this Act may be con20 strued as affecting in any manner any action, 

21 determination, policy, or decision pursuant to 

22 section 411 of the Homeland Security Act of 

23 2002 as in existence on the day before the date 

24 of the enactment of this Act, and any such ac25 tion, determination, policy, or decision shall 


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1 continue to have full force and effect on and 

2 after such date. 

3 (c) CONTINUATION IN OFFICE.— 

4 (1) COMMISSIONER.—The individual serving as 

5 the Commissioner of Customs on the day before the 

6 date of the enactment of this Act may serve as the 

7 Commissioner of United States Customs and Border 

8 Protection on and after such date of enactment until 

9 a Commissioner of United States Customs and Bor10 der Protection is appointed under section 411 of the 

11 Homeland Security Act of 2002, as amended by sub12 section (a) of this section. 

13 (2) OTHER POSITIONS.—The individuals serv14 ing as Assistant Commissioners and other officers 

15 and officials under section 411 of the Homeland Se16 curity Act of 2002 on the day before the date of the 

17 enactment of this Act may serve as the appropriate 

18 Assistant Commissioners and other officers and offi19 cials under such section 411 as amended by sub20 section (a) of this section unless the Commissioner 

21 of United States Customs and Border Protection de22 termines that another individual should hold such 

23 position. 

24 (d) REFERENCE.— 


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1 (1) TITLE 5.—Section 5314 of title 5, United 

2 States Code, is amended by striking ‘‘Commissioner 

3 of Customs, Department of Homeland Security’’ and 

4 inserting ‘‘Commissioner of United States Customs 

5 and Border Protection, Department of Homeland 

6 Security’’. 

7 (2) OTHER REFERENCES.—On and after the 

8 date of the enactment of this Act, any reference in 

9 law or regulations to the ‘‘Commissioner of Cus10 toms’’ or the ‘‘Commissioner of the Customs Serv11 ice’’ shall be deemed to be a reference to the Com12 missioner of United States Customs and Border 

13 Protection. 

14 (e) CLERICAL AMENDMENT.—The table of contents 

15 in section 1(b) of the Homeland Security Act of 2002 (6 

16 U.S.C. 101 et seq.) is amended by striking the item relat17 ing 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.’’. 

18 SEC. 3. REPEALS. 

19 Sections 416 and 418 of the Homeland Security Act 

20 of 2002 (6 U.S.C. 216 and 218), and the items relating 

21 to such sections in the table of contents in section 1(b) 

22 of such Act, are repealed. 


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1 SEC. 4. CLERICAL AND CONFORMING AMENDMENTS. 

2 (a) IN GENERAL.—The Homeland Security Act of 

3 2002 (6 U.S.C. 101 et seq.) is amended— 

4 (1) in title I— 

5 (A) in section 102(f)(10) (6 U.S.C. 

6 112(f)(10)), by striking ‘‘the Directorate of 

7 Border and Transportation Security’’ and in8 serting ‘‘Commissioner of United States Cus9 toms and Border Protection’’; and 

10 (B) in section 103(a)(1) (6 U.S.C. 

11 113(a)(1))— 

12 (i) in subparagraph (C), by striking 

13 ‘‘An Under Secretary for Border and 

14 Transportation Security.’’ and inserting 

15 ‘‘A Commissioner of United States Cus16 toms and Border Protection.’’; and 

17 (ii) in subparagraph (G), by striking 

18 ‘‘A Director of the Office of Counter19 narcotics Enforcement.’’ and inserting ‘‘A 

20 Director for United States Immigration 

21 and Customs Enforcement.’’; 

22 (2) in title IV— 

23 (A) by striking the title heading and in24 serting ‘‘BORDER, MARITIME, AND 

25 TRANSPORTATION SECURITY’’; and 

26 (B) in subtitle A— 


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1 (i) by striking the subtitle heading 

2 and inserting ‘‘Border, Maritime, and 

3 Transportation Security Respon4 sibilities and Functions’’; and 

5 (ii) in section 402 (6 U.S.C. 202)— 

6 (I) in the section heading, by 

7 striking ‘‘RESPONSIBILITIES’’ and 

8 inserting ‘‘BORDER, MARITIME, 

9 AND TRANSPORTATION RESPON10 SIBILITIES’’; and 

11 (II) by striking ‘‘, acting through 

12 the Under Secretary for Border and 

13 Transportation Security,’’; 

14 (C) in subtitle B— 

15 (i) by striking the subtitle heading 

16 and inserting ‘‘United States Cus17 toms and Border Protection’’; 

18 (ii) in section 412(b) (6 U.S.C. 212), 

19 by striking ‘‘United States Customs Serv20 ice’’ each place it appears and inserting 

21 ‘‘United States Customs and Border Pro22 tection’’; 

23 (iii) in section 413 (6 U.S.C. 213), by 

24 striking ‘‘United States Customs Service’’ 


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1 and inserting ‘‘United States Customs and 

2 Border Protection’’; 

3 (iv) in section 414 (6 U.S.C. 214), by 

4 striking ‘‘United States Customs Service’’ 

5 and inserting ‘‘United States Customs and 

6 Border Protection’’; and 

7 (v) in section 415 (6 U.S.C. 215), by 

8 striking ‘‘United States Customs Service’’ 

9 each place it appears and inserting 

10 ‘‘United States Customs and Border Pro11 tection’’; 

12 (D) in subtitle C— 

13 (i) by striking section 424 (6 U.S.C. 

14 234) and inserting the following new sec15 tion: 

16 ‘‘SEC. 424. PRESERVATION OF TRANSPORTATION SECURITY 

17 ADMINISTRATION AS A DISTINCT ENTITY. 

18 ‘‘Notwithstanding any other provision of this Act, the 

19 Transportation Security Administration shall be main20 tained as a distinct entity within the Department.’’; and 

21 (ii) in section 430 (6 U.S.C. 238)— 

22 (I) by amending subsection (a) to 

23 read as follows: 

24 ‘‘(a) ESTABLISHMENT.—There is established in the 

25 Department an Office for Domestic Preparedness.’’; 


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1 (II) in subsection (b), by striking 

2 the second sentence; and 

3 (III) in subsection (c)(7), by 

4 striking ‘‘Directorate’’ and inserting 

5 ‘‘Department’’; and 

6 (E) in subtitle D— 

7 (i) in section 441 (6 U.S.C. 251)— 

8 (I) by striking the section head9 ing and inserting ‘‘TRANSFER OF

10 FUNCTIONS’’; and 

11 (II) by striking ‘‘Under Secretary 

12 for Border and Transportation Secu13 rity’’ and inserting ‘‘Secretary’’; 

14 (ii) in section 443 (6 U.S.C. 253), by 

15 amending the section to read as follows: 

16 ‘‘SEC. 443. PROFESSIONAL RESPONSIBILITY AND QUALITY 

17 REVIEW. 

18 ‘‘The Secretary shall be responsible for— 

19 ‘‘(1) conducting investigations on noncriminal 

20 allegations of misconduct, corruption, and fraud in21 volving any employee of United States Immigration 

22 and Customs Enforcement and United States Cus23 toms and Border Protection that are not subject to 

24 investigation by the Inspector General of the De25 partment; 


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1 ‘‘(2) inspecting the training and operations of 

2 United States Immigration and Customs Enforce3 ment and United States Customs and Border Pro4 tection, and providing assessments of the quality of 

5 such training and operations; 

6 ‘‘(3) providing analysis of the management of 

7 United States Immigration and Customs Enforce8 ment and United States Customs and Border Pro9 tection; and 

10 ‘‘(4) monitoring contracts between the Depart11 ment and the private sector that provide technology, 

12 equipment, or services relating to border security to 

13 ensure that proper procedures are being followed.’’; 

14 and 

15 (iii) in section 444 (6 U.S.C. 254), by 

16 amending the section to read as follows: 

17 ‘‘SEC. 444. EMPLOYEE DISCIPLINE. 

18 ‘‘The Secretary may, notwithstanding any other pro19 vision of law, impose disciplinary action, including termi20 nation of employment, pursuant to policies and procedures 

21 applicable to employees of the Federal Bureau of Inves22 tigation, on any employee of United States Immigration 

23 and Customs Enforcement and United States Customs 

24 and Border Protection who willfully deceives Congress or 

25 agency leadership on any matter.’’. 


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1 (b) CONFORMING AMENDMENTS.—Section 401 of the 

2 Homeland Security Act of 2002 (6 U.S.C. 201) is re3 pealed. 

4 (c) CLERICAL AMENDMENTS.—The table of contents 

5 in section 1(b) of the Homeland Security Act of 2002 is 

6 amended— 

7 (1) by striking the item relating to title IV and 

8 inserting the following: 

‘‘TITLE IV—BORDER, MARITIME, AND TRANSPORTATION 

SECURITY’’; 

9 (2) by striking the item relating to subtitle A 

10 of title IV and inserting the following: 

‘‘Subtitle A—Border, Maritime, and Transportation Security Responsibilities 

and Functions’’; 

11 (3) by striking the item relating to section 401; 

12 (4) by striking the item relating to subtitle B 

13 of title IV and inserting the following: 

‘‘Subtitle B—United States Customs and Border Protection’’; 

14 (5) by striking the item relating to section 441 

15 and inserting the following: 

‘‘Sec. 441. Transfer of functions.’’; 

16 and 

17 (6) by striking the item relating to section 442 

18 and inserting the following: 

‘‘Sec. 442. United States Immigration and Customs Enforcement.’’. 

Æ 


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