I 

113TH CONGRESS 

2D SESSION H. R. 4279 

To amend the Homeland Security Act of 2002 to establish United States 

Immigration and Customs Enforcement, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 21, 2014 

Mrs. MILLER of Michigan (for herself, Mr. MCCAUL, Ms. JACKSON LEE, and 

Mr. CUELLAR) introduced the following bill; which was referred to the 

Committee on Homeland Security, and in addition to the Committees on 

Ways and Means and the Judiciary, 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 

United States Immigration and Customs Enforcement, 

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 Immi5 gration and Customs Enforcement Authorization Act’’. 


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1 SEC. 2. ESTABLISHMENT OF UNITED STATES IMMIGRATION 

2 AND CUSTOMS ENFORCEMENT. 

3 (a) IN GENERAL.—Section 442 of the Homeland Se4 curity Act of 2002 (6 U.S.C. 252) is amended to read 

5 as follows: 

6 ‘‘SEC. 442. ESTABLISHMENT OF UNITED STATES IMMIGRA7 TION AND CUSTOMS ENFORCEMENT. 

8 ‘‘(a) ESTABLISHMENT.—There is established within 

9 the Department an agency to be known as United States 

10 Immigration and Customs Enforcement. 

11 ‘‘(b) DIRECTOR OF UNITED STATES IMMIGRATION

12 AND CUSTOMS ENFORCEMENT.—There shall be at the 

13 head of United States Immigration and Customs Enforce14 ment a Director of United States Immigration and Cus15 toms Enforcement (in this section referred to as the ‘Di16 rector’), who shall be appointed by the President, by and 

17 with the advice and consent of the Senate. 

18 ‘‘(c) DUTIES AND QUALIFICATIONS.—The Director 

19 shall— 

20 ‘‘(1) have a minimum of five years professional 

21 experience in law enforcement, and a minimum of 

22 five years management experience; 

23 ‘‘(2) have the power to investigate and, where 

24 appropriate, refer for prosecution, any criminal vio25 lation of Federal law relating to or involving— 


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1 ‘‘(A) border control and security, including 

2 the prevention of the entry or residence of ter3 rorists, criminals, and human rights violators; 

4 ‘‘(B) customs, trade, or import or export 

5 control, including the illicit possession, move6 ment of, or trade in goods, services, property, 

7 contraband, arms, instruments of terrorism, 

8 items controlled or prohibited from export, por9 nography, intellectual property, or monetary in10 struments; 

11 ‘‘(C) transnational money laundering or 

12 bulk cash smuggling; 

13 ‘‘(D) immigration or naturalization; 

14 ‘‘(E) gangs or criminal syndicates engaged 

15 in transnational criminal activity; 

16 ‘‘(F) chapter 40 or 44 of title 18, United 

17 States Code, or other violation relating to fire18 arms, explosives, or other destructive devices in19 volving an alien; 

20 ‘‘(G) the employment or abuse of an alien, 

21 including trafficking and peonage, labor viola22 tions, sexual exploitation, pornography, pros23 titution, or sex tourism; 

24 ‘‘(H) identification, travel, or employment 

25 documents; 


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1 ‘‘(I) unlawful use of personal information, 

2 including immigration document fraud, when 

3 such use relates to or affects border security, 

4 terrorism, customs, immigration, naturalization, 

5 trade, travel, or transportation security; and 

6 ‘‘(J) travel security; 

7 ‘‘(3) coordinate with Federal, State, local, trib8 al, and foreign agencies to promote the efficient— 

9 ‘‘(A) investigation of criminal violations of 

10 the border security, terrorism, customs, immi11 gration, naturalization, trade, travel, and trans12 portation laws of the United States; and 

13 ‘‘(B) civil enforcement of immigration 

14 laws, as such term is defined in paragraph (17) 

15 of section 101(a) of the Immigration and Na16 tionality Act (8 U.S.C. 1101(a)); 

17 ‘‘(4) in coordination with the Department of 

18 State and the Office of International Affairs of the 

19 Department, establish staff liaison offices and vetted 

20 units in appropriate foreign countries to support the 

21 counterterrorism efforts and other international ac22 tivities and relationships of United States Immigra23 tion and Customs Enforcement; 

24 ‘‘(5) establish, maintain, and administer appro25 priate interagency law enforcement centers in furVerDate Mar 15 2010 00:18 Mar 22, 2014 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4279.IH H4279

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1 therance of the Director’s assigned duties, including 

2 the Centers specified in subparagraphs (B) and (C) 

3 of subsection (f)(3); and 

4 ‘‘(6) carry out the duties and powers prescribed 

5 by law or delegated by the Secretary. 

6 ‘‘(d) GENERAL ENFORCEMENT POWERS.—The Di7 rector may authorize agents and officers of United States 

8 Immigration and Customs Enforcement to— 

9 ‘‘(1) execute any warrants issued under the 

10 laws of the United States; 

11 ‘‘(2) issue and serve administrative or judicial 

12 subpoenas and summonses; 

13 ‘‘(3) carry firearms; 

14 ‘‘(4) make arrests without warrant for any of15 fense against the United States committed in their 

16 presence, or for any felony cognizable under the laws 

17 of the United States if they have reasonable grounds 

18 to believe that the person to be arrested has com19 mitted or is committing such felony; 

20 ‘‘(5) seize any property, whether real or per21 sonal, that is involved in any violation or attempted 

22 violation, or which constitutes proceeds traceable to 

23 a violation, of those provisions of law which United 

24 States Immigration and Customs Enforcement is au25 thorized to enforce; 


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1 ‘‘(6) offer and pay rewards for services and in2 formation leading to the apprehension of persons in3 volved in the violation or attempted violation of 

4 those provisions of law which United States Immi5 gration and Customs Enforcement is authorized to 

6 enforce; and 

7 ‘‘(7) issue civil detainers for purposes of immi8 gration enforcement. 

9 ‘‘(e) DEPUTY DIRECTOR.—There shall be in United 

10 States Immigration and Customs Enforcement a Deputy 

11 Director who shall assist the Director in the management 

12 of United States Immigration and Customs Enforcement. 

13 ‘‘(f) OFFICE OF HOMELAND SECURITY INVESTIGA14 TIONS.— 

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

16 United States Immigration and Customs Enforce17 ment the Office of Homeland Security Investiga18 tions. 

19 ‘‘(2) EXECUTIVE ASSOCIATE DIRECTOR.—There 

20 shall be at the head of the Office of Homeland Secu21 rity Investigations an Executive Associate Director, 

22 who shall report to the Director. 

23 ‘‘(3) DUTIES.—The Office of Homeland Secu24 rity Investigations shall— 


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

2 United States Immigration and Customs En3 forcement with primary responsibility to con4 duct investigations of terrorist organizations 

5 and other criminal organizations that threaten 

6 homeland or border security; 

7 ‘‘(B) administer the program to collect in8 formation relating to nonimmigrant foreign stu9 dents and other exchange program participants 

10 described in section 641 of the Illegal Immigra11 tion Reform and Immigrant Responsibility Act 

12 of 1996 (8 U.S.C. 1372), including the Student 

13 and Exchange Visitor Information System es14 tablished under such section, and use such in15 formation to carry out the enforcement func16 tions of United States Immigration and Cus17 toms Enforcement; 

18 ‘‘(C) administer a National Intellectual 

19 Property Rights Coordination Center, which 

20 shall serve as the primary information sharing 

21 forum within the Federal Government to coordi22 nate, promote, and assist Federal and inter23 national investigations of intellectual property 

24 offenses; 


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1 ‘‘(D) administer a National Export En2 forcement Coordination Center, which shall 

3 serve as the primary information sharing forum 

4 within the Federal Government to coordinate, 

5 promote, and assist Federal and international 

6 investigations of Export Control offenses; 

7 ‘‘(E) enforce Federal law relating to— 

8 ‘‘(i) the unlawful employment of 

9 aliens; and 

10 ‘‘(ii) immigration document fraud; 

11 and 

12 ‘‘(F) carry out other duties and powers 

13 prescribed by the Director. 

14 ‘‘(g) OFFICE OF ENFORCEMENT AND REMOVAL OP15 ERATIONS.— 

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

17 United States Immigration and Customs Enforce18 ment the Office of Enforcement and Removal Oper19 ations. 

20 ‘‘(2) EXECUTIVE ASSOCIATE DIRECTOR.—There 

21 shall be at the head of the Office of Enforcement 

22 and Removal Operations an Executive Associate Di23 rector, who shall report to the Director. 

24 ‘‘(3) DUTIES.—The Office of Enforcement and 

25 Removal Operations shall— 


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1 ‘‘(A) identify, arrest, detain, and remove 

2 aliens who— 

3 ‘‘(i) engage in terrorist activities, are 

4 affiliated with a terrorist organization, or 

5 otherwise present a national security or 

6 public safety risk to the United States; 

7 ‘‘(ii) undermine the border security ef8 forts and operations of the United States; 

9 ‘‘(iii) enter the United States in viola10 tion of Federal law; or 

11 ‘‘(iv) are otherwise subject to exclu12 sion, deportation, or removal from the 

13 United States; and 

14 ‘‘(B) carry out other duties and powers 

15 prescribed by the Director. 

16 ‘‘(h) OFFICE OF THE PRINCIPAL LEGAL ADVISOR.— 

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

18 United States Immigration and Customs Enforce19 ment the Office of the Principal Legal Advisor. 

20 ‘‘(2) PRINCIPAL LEGAL ADVISOR.—There shall 

21 be at the head of the Office the Principal Legal Ad22 visor a Principal Legal Advisor, who shall report to 

23 the General Counsel of the Department. 

24 ‘‘(3) DUTIES.—The Office of the Principal 

25 Legal Advisor shall provide specialized legal advice 


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1 and policy guidance to the Director and shall rep2 resent the Department in all exclusion, deportation, 

3 and removal proceedings before the Executive Office 

4 for Immigration Review. 

5 ‘‘(i) OFFICE OF PROFESSIONAL RESPONSIBILITY.— 

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

7 United States Immigration and Customs Enforce8 ment the Office of Professional Responsibility. 

9 ‘‘(2) ASSISTANT DIRECTOR.—There shall be at 

10 the head of the Office of Professional Responsibility 

11 an Assistant Director, who shall report to the Direc12 tor. 

13 ‘‘(3) DUTIES.—The Office of Professional Re14 sponsibility shall— 

15 ‘‘(A) investigate allegations of administra16 tive, civil, and criminal misconduct involving 

17 any employee or contractor of United States 

18 Immigration and Customs Enforcement, or, as 

19 delegated by the Secretary, any employee or 

20 contractor of the Department that are not sub21 ject to investigation by the Inspector General of 

22 the Department; 

23 ‘‘(B) inspect and review United States Im24 migration and Customs Enforcement’s offices, 

25 operations, and processes, including detention 


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1 facilities operated or used by United States Im2 migration and Customs Enforcement, and pro3 vide an independent review of United States 

4 Immigration and Custom Enforcement’s organi5 zational health, effectiveness, and efficiency of 

6 mission; and 

7 ‘‘(C) provide and manage the security pro8 grams and operations for United States Immi9 gration and Customs Enforcement. 

10 ‘‘(j) OTHER AUTHORITIES.— 

11 ‘‘(1) IN GENERAL.—The Secretary may estab12 lish such other Executive Associate Directors, As13 sistant Directors, agents, officers, or other offices as 

14 the Secretary determines necessary to carry out the 

15 missions, duties, functions, and authorities of United 

16 States Immigration and Customs Enforcement. 

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

18 the authority provided pursuant to paragraph (1), 

19 the Secretary shall notify the Committee on Home20 land Security of the House of Representatives and 

21 the Committee on Homeland Security and Govern22 mental Affairs of the Senate not later than 30 days 

23 before exercising the authority described in para24 graph (1). 


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1 ‘‘(k) OTHER FEDERAL AGENCIES.—Nothing in this 

2 section shall be construed to limit the existing authority 

3 of any other Federal agency.’’. 

4 (b) SPECIAL RULES.— 

5 (1) TREATMENT.—Section 442 of the Home6 land Security Act of 2002, as amended by subsection 

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

8 such Act as of the date of the enactment of such 

9 Act, and, in addition to the functions, missions, du10 ties, and authorities specified in such amended sec11 tion 442, United States Immigration and Customs 

12 Enforcement shall continue to perform and carry out 

13 the functions, missions, duties, and authorities 

14 under section 442 of such Act as in existence on the 

15 day before such date of enactment. 

16 (2) RULES OF CONSTRUCTION.— 

17 (A) RULES AND REGULATIONS.—Notwith18 standing paragraph (1), nothing in this Act 

19 may be construed as affecting in any manner 

20 any rule or regulation issued or promulgated 

21 pursuant to any provision of law, including sec22 tion 442 of the Homeland Security Act of 2002 

23 as in existence on the day before the date of the 

24 enactment of this Act, and any such rule or 


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1 regulation shall continue to have full force and 

2 effect on and after such date. 

3 (B) OTHER ACTIONS.—Notwithstanding 

4 paragraph (1), nothing in this Act may be con5 strued as affecting in any manner any action, 

6 determination, policy, or decision pursuant to 

7 section 442 of the Homeland Security Act of 

8 2002 as in existence on the day before the date 

9 of the enactment of this Act, and any such ac10 tion, determination, policy, or decision shall 

11 continue to have full force and effect on and 

12 after such date. 

13 (c) CONTINUATION IN OFFICE.— 

14 (1) DIRECTOR.—The individual serving as As15 sistant Secretary for United States Immigration and 

16 Customs Enforcement on the day before the date of 

17 the enactment of this Act may continue to serve as 

18 the Director of United States Immigration and Cus19 toms Enforcement in accordance with section 442 of 

20 the Homeland Security Act of 2002, as amended by 

21 this Act until the earlier of— 

22 (A) the date on which such individual is no 

23 longer eligible to serve as Director; or 

24 (B) the date on which a person nominated 

25 by the President to be the Director is confirmed 


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1 by the Senate in accordance with such amended 

2 section 442. 

3 (2) OTHER POSITIONS.—The individuals serv4 ing as the Deputy Director, Executive Associate Di5 rectors, Assistant Directors, and other officers and 

6 employees under section 442 of the Homeland Secu7 rity Act of 2002 on the day before the date of the 

8 enactment of this Act may serve as the appropriate 

9 Assistant Directors and other officers and employees 

10 under such section 442 as amended by subsection 

11 (a) of this section unless the Director of United 

12 States Immigration and Customs Enforcement de13 termines that another individual should hold such 

14 position. 

15 (d) CLERICAL AMENDMENT.—The table of contents 

16 in section 1(b) of such Act is amended by striking the 

17 item relating to section 442 and inserting the following: 

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

18 (e) TRANSPORTATION.—Section 1344(b)(6) of title 

19 31, United States Code, is amended by inserting ‘‘the Di20 rector of United States Immigration and Customs En21 forcement, the Commissioner of Customs and Border Pro22 tection,’’ after ‘‘the Administrator of the Drug Enforce23 ment Administration,’’. 

24 (f) CONFORMING AMENDMENTS.— 


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

2 States Code, is amended by inserting after ‘‘Director 

3 of the Bureau of Citizenship and Immigration Serv4 ices.’’ the following new item: ‘‘Director of United 

5 States Immigration and Customs Enforcement.’’. 

6 (2) HOMELAND SECURITY ACT OF 2002.—The 

7 Homeland Security Ac of 2002 is amended— 

8 (A) in subsection (a)(2)(C) of section 451 

9 (6 U.S.C. 271), by striking ‘‘at the same level 

10 as the Assistant Secretary of the Bureau of 

11 Border Security’’ and inserting ‘‘in accordance 

12 with section 5314 of title 5, United States 

13 Code’’; 

14 (B) in subsection (c) of section 459 (6 

15 U.S.C. 276), by striking ‘‘Assistant Secretary 

16 of the Bureau of Border Security’’ and insert17 ing ‘‘Director of United States Immigration and 

18 Customs Enforcement’’; 

19 (C) in subsection (b)(2)(A) of section 462 

20 (6 U.S.C. 279), in the matter preceding clause 

21 (i), by striking ‘‘Assistant Secretary of the Bu22 reau of Border Security’’ and inserting ‘‘Direc23 tor of United States Immigration and Customs 

24 Enforcement’’; 


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1 (D) by repealing sections 443, 445, and 

2 446 (6 U.S.C. 253, 255, and 256); and 

3 (E) in section 1(b), by striking the items 

4 relating to sections 445 and 446. 

Æ 


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