(3) establish Department of Homeland Security 
task forces (to include other Federal, State, Tribal 
and local law enforcement agencies as appropriate) 
as necessary to better coordinate border enforcement 
and the disruption and dismantling of criminal orga-
nizations engaged in cross-border smuggling, money 
laundering, and immigration violations; 
(4) enhance coordination between the border se-
curity and investigations missions within the Depart-
ment by requiring that, with respect to cases involv-
ing violations of the customs and immigration laws 
of the United States, United States Customs and 
Border Protection coordinate with and refer all such 
cases to United States Immigration and Customs 
Enforcement; 
(5) examine comprehensively the proper alloca-
tion of the Department’s border security related re-
sources, and analyze budget issues on the basis of 
Department-wide border enforcement goals, plans, 
and processes; 
(6) establish measures and metrics for deter-
mining the effectiveness of coordinated border en-
forcement efforts; and 
(7) develop and implement a comprehensive 
plan to protect the northern and southern land bor-
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ders of the United States and address the different 
challenges each border faces by— 
(A) coordinating all Federal border secu-
rity activities; 
(B) improving communications and data 
sharing capabilities within the Department and 
with other Federal, State, local, tribal, and for-
eign law enforcement agencies on matters relat-
ing to border security; and 
(C) providing input to relevant bilateral 
agreements to improve border functions, includ-
ing ensuring security and promoting trade and 
tourism. 
SEC. 402. MAKING OUR BORDER AGENCIES WORK. 
(a) IN GENERAL.—Title IV of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 201 et seq.) is amended— 
(1) in subtitle A, by amending the heading to 
read as follows: ‘‘Bureau of Border Security 
and Customs’’; 
(2) by striking section 401 and inserting the 
following section: 
‘‘SEC. 401. BUREAU OF BORDER SECURITY AND CUSTOMS. 
‘‘(a) ESTABLISHMENT.—There shall be in the De-
partment of Homeland Security a Bureau of Border Secu-
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rity and Customs (in this section referred to as the ‘Bu-
reau’). 
‘‘(b) COMMISSIONER.— 
‘‘(1) IN GENERAL.—The head of the Bureau 
shall be the Commissioner of Border Security and 
Customs (in this section referred to as the ‘Commis-
sioner’). The Commissioner shall report directly to 
the Secretary. 
‘‘(2) APPOINTMENT.—The Commissioner shall 
be appointed— 
‘‘(A) by the President, by and with the ad-
vice and consent of the Senate; and 
‘‘(B) from individuals who have— 
‘‘(i) a minimum of ten years profes-
sional experience in law enforcement; and 
‘‘(ii) a minimum of ten years of man-
agement experience. 
‘‘(c) COORDINATION.—Among other duties, the Com-
missioner shall develop and implement a comprehensive 
plan to protect the northern and southern land borders 
of the United States and address the different challenges 
each border faces by— 
‘‘(1) coordinating all Federal border security 
activities; 
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‘‘(2) improving communications and data shar-
ing capabilities within the Department and with 
other Federal, State, local, tribal, and foreign law 
enforcement agencies on matters relating to border 
security; and 
‘‘(3) providing input to relevant bilateral agree-
ments to improve border functions, including ensur-
ing security and promoting trade and tourism. 
‘‘(d) ORGANIZATION.—The Bureau shall include five 
primary divisions. The head of each division shall be an 
Assistant Commissioner of Border Security and Customs 
who shall be appointed by the Secretary of Homeland Se-
curity. The five divisions and their responsibilities are as 
follows: 
‘‘(1) 
OFFICE
OF
IMMIGRATION
ENFORCE-
MENT.—It shall be the responsibility of the Office of 
Immigration Enforcement to enforce the immigra-
tion laws of the United States. 
‘‘(2) OFFICE OF CUSTOMS ENFORCEMENT.—It 
shall be the responsibility of the Office of Customs 
Enforcement to enforce the customs laws of the 
United States. 
‘‘(3) OFFICE OF INSPECTION.—It shall be the 
responsibility of the Office of Inspection to conduct 
inspections at official United States ports of entry 
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and to maintain specialized immigration, customs, 
and agriculture secondary inspection functions. 
‘‘(4) OFFICE OF BORDER PATROL.—It shall be 
the responsibility of the Office of Border Patrol to 
secure the international land and maritime borders 
of the United States between ports of entry. 
‘‘(5) OFFICE OF MISSION SUPPORT.—It shall be 
the responsibility of the Office of Mission Support to 
provide assistance to the Bureau, including all of-
fices of the Bureau, and additional agencies as de-
termined appropriate by the Secretary. The Office 
shall include, at a minimum, detention and removal 
functions, intelligence functions, and air and marine 
support. 
‘‘(e) REORGANIZATION.—The reorganization author-
ity described in section 872 shall not apply to this sec-
tion.’’; 
(3) in section 402, in the matter preceding 
paragraph (1), by striking ‘‘acting through the 
Under Secretary for Border and Transportation Se-
curity,’’ and inserting ‘‘acting through the Commis-
sioner of Border Security and Customs,’’; and 
(4) by inserting after section 403 the following 
new section: 
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‘‘SEC. 404. TRANSFER. 
‘‘The Bureau of Customs and Border Protection and 
the Bureau of Immigration and Customs Enforcement of 
the Department of Homeland Security, created pursuant 
to the ‘Reorganization Plan Modification for the Depart-
ment of Homeland Security’ submitted to Congress as re-
quired under section 1502, is hereby transferred into the 
Bureau of Border Security and Customs, established pur-
suant to section 401.’’. 
(b) CLERICAL AMENDMENTS.—The table of contents 
of the Homeland Security Act of 2002 (6 U.S.C. 101 et 
seq.) is amended— 
(1) by striking the item related to section 401 
and inserting the following item: 
‘‘Sec. 401. Bureau of Border Security and Customs.’’; 
and 
(2) by inserting after the item relating to sec-
tion 403 the following new item: 
‘‘Sec. 404. Transfer.’’. 
(c) SHADOW WOLVES TRANSFER.— 
(1) TRANSFER OF EXISTING UNIT.—In conjunc-
tion with the creation of the Bureau of Border Secu-
rity and Customs under section 401 of the Home-
land Security Act of 2002, as amended by section 
201(a) of this Act, the Secretary of Homeland Secu-
rity shall transfer to United States Immigration and 
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Customs Enforcement all functions (including the 
personnel, assets, and liabilities attributable to such 
functions) of the Customs Patrol Officers unit oper-
ating on the Tohono O’odham Indian reservation 
(commonly known as the ‘‘Shadow Wolves’’ unit). 
(2) ESTABLISHMENT OF NEW UNITS.—The Sec-
retary is authorized to establish Shadow Wolves 
units within both the Office of Immigration Enforce-
ment and Office of Customs Enforcement in the Bu-
reau of Border Security and Customs. 
(3) DUTIES.—The Customs Patrol Officer unit 
transferred pursuant to paragraph (1), and addi-
tional units established pursuant to paragraph (2), 
shall operate on Indian lands by preventing the 
entry of terrorists, other unlawful aliens, instru-
ments of terrorism, narcotics, and other contraband 
into the United States. 
(4) BASIC PAY FOR JOURNEYMAN OFFICERS.— 
A Customs Patrol Officer in a unit described in this 
subsection shall receive equivalent pay as a special 
agent with similar competencies within United 
States Immigration and Customs Enforcement pur-
suant to the Department of Homeland Security’s 
Human Resources Management System established 
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under section 841 of the Homeland Security Act (6 
U.S.C. 411). 
(5) SUPERVISORS.—The Shadow Wolves unit 
created within the Office of Immigration Enforce-
ment shall be supervised by a Chief Immigration Pa-
trol Officer. The Shadow Wolves unit created within 
the Office of Customs Enforcement shall be super-
vised by a Chief Customs Patrol Officer. Each such 
Officer shall have the same rank as a resident agent- 
in-charge of the Office of Investigations within 
United States Immigration and Customs Enforce-
ment. 
(d) TECHNICAL AND CONFORMING AMENDMENTS TO 
THE HOMELAND SECURITY ACT OF 2002.— 
(1) TRANSPORTATION
SECURITY
ADMINISTRA-
TION.—Section 424(a) of the Homeland Security 
Act of 2002 (6 U.S.C. 234(a)) is amended by strik-
ing ‘‘under the Under Secretary for Border Trans-
portation and Security’’. 
(2) OFFICE FOR DOMESTIC PREPAREDNESS.— 
Section 430 of such Act (6 U.S.C. 238) is amend-
ed— 
(A) in subsection (a), by striking ‘‘The Of-
fice for Domestic Preparedness shall be within 
the Directorate of Border and Transportation 
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Security.’’ and inserting ‘‘There shall be in the 
Department an Office for Domestic Prepared-
ness.’’; and 
(B) in subsection (b), in the second sen-
tence, by striking ‘‘Under Secretary for Border 
and Transportation Security’’ and inserting 
‘‘Secretary of Homeland Security’’. 
(3) BUREAU
OF
BORDER
SECURITY.—The 
Homeland Security Act of 2002 (6 U.S.C. 101 et 
seq.) is amended— 
(A) in section 402 (6 U.S.C. 202)— 
(i) in the matter preceding paragraph 
(1), by striking ‘‘, acting through the 
Under Secretary for Border and Transpor-
tation Security,’’; 
(ii) by redesignating paragraph (8) as 
paragraph (9); and 
(iii) by inserting after paragraph (7) 
the following new paragraph: 
‘‘(8) Administering the program to collect infor-
mation 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 
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Information System established under that section, 
and using such information to carry out the enforce-
ment functions of the Bureau.’’; 
(B) by inserting after section 404 (as 
added by section 102(a)(4) of this Act) the fol-
lowing new sections: 
‘‘SEC. 405. CHIEF OF IMMIGRATION POLICY AND STRATEGY. 
‘‘(a) IN GENERAL.—There shall be a position of 
Chief of Immigration Policy and Strategy for the Bureau 
of Border Security and Customs. 
‘‘(b) FUNCTIONS.—In consultation with Bureau of 
Border Security and Customs personnel in local offices, 
the Chief of Immigration Policy and Strategy shall be re-
sponsible for— 
‘‘(1) making policy recommendations and per-
forming policy research and analysis on immigration 
enforcement issues; and 
‘‘(2) coordinating immigration policy issues 
with the Chief of Policy and Strategy for the Bureau 
of Citizenship and Immigration Services (established 
under subtitle E), as appropriate. 
‘‘SEC. 406. IMMIGRATION LEGAL ADVISOR. 
‘‘There shall be a principal immigration legal advisor 
to the Commissioner of the Bureau of Border Security and 
Customs. The immigration legal advisor shall provide spe-
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cialized legal advice to the Commissioner of the Bureau 
of Border Security and Customs and shall represent the 
Bureau in all exclusion, deportation, and removal pro-
ceedings before the Executive Office for Immigration Re-
view.’’; and 
(C) by striking section 442 (6 U.S.C. 252) 
and redesignating sections 443 through 446 as 
sections 442 through 445, respectively. 
(4) CONFORMING AMENDMENTS.— 
(A) BUREAU OF BORDER SECURITY AND 
CUSTOMS.—Each of the following sections of 
the Homeland Security Act of 2002 is amended 
by inserting ‘‘and Customs’’ after ‘‘Border Se-
curity’’ each place it appears: 
(i) Section 442, as redesignated by 
subsection (c)(3). 
(ii) Section 443, as redesignated by 
subsection (c)(3). 
(iii) Section 444, as redesignated by 
subsection (c)(3). 
(iv) Section 451 (6 U.S.C. 271). 
(v) Section 459 (6 U.S.C. 276). 
(vi) Section 462 (6 U.S.C. 279). 
(vii) Section 471 (6 U.S.C. 291). 
(viii) Section 472 (6 U.S.C. 292). 
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(ix) Section 474 (6 U.S.C. 294). 
(x) Section 475 (6 U.S.C. 295). 
(xi) Section 476 (6 U.S.C. 296). 
(xii) Section 477 (6 U.S.C. 297). 
(B) COMMISSIONER OF THE BUREAU OF 
BORDER SECURITY AND CUSTOMS.—The Home-
land Security Act of 2002 is amended— 
(i) in section 442, as redesignated by 
subsection (c)(3), in the matter preceding 
paragraph (1), by striking ‘‘Under Sec-
retary for Border and Transportation Se-
curity’’ and inserting ‘‘Commissioner of 
Border Security and Customs’’; 
(ii) in section 443, as redesignated by 
subsection (c)(3), by striking ‘‘Under Sec-
retary for Border and Transportation Se-
curity’’ and inserting ‘‘Commissioner of 
Border Security and Customs’’; 
(iii) in section 451(a)(2)(C) (6 U.S.C. 
271(a)(2)(C)), by striking ‘‘Assistant Sec-
retary’’ and inserting ‘‘Commissioner’’; 
(iv) in section 459(c) (6 U.S.C. 
276(c)), by striking ‘‘Assistant Secretary’’ 
and inserting ‘‘Commissioner’’; and 
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