I 
114TH CONGRESS 
1ST SESSION 
H. R. 877 
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 
FEBRUARY 11, 2015 
Mrs. MILLER of Michigan (for herself, Mr. MCCAUL, and Mr. VELA) intro-
duced the following bill; which was referred to the Committee on Home-
land 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘United States Immi-
gration and Customs Enforcement Authorization Act’’. 
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SEC. 2. ESTABLISHMENT OF UNITED STATES IMMIGRATION 
AND CUSTOMS ENFORCEMENT. 
(a) IN GENERAL.—Section 442 of the Homeland Se-
curity Act of 2002 (6 U.S.C. 252) is amended to read 
as follows: 
‘‘SEC. 442. ESTABLISHMENT OF UNITED STATES IMMIGRA-
TION 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 Enforce-
ment a Director of United States Immigration and Cus-
toms Enforcement (in this section referred to as the ‘Di-
rector’), 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 vio-
lation of Federal law relating to or involving— 
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‘‘(A) border control and security, including 
the prevention of the entry or residence of ter-
rorists, criminals, and human rights violators; 
‘‘(B) customs, trade, or import or export 
control, including the illicit possession, move-
ment of, or trade in goods, services, property, 
contraband, arms, instruments of terrorism, 
items controlled or prohibited from export, por-
nography, intellectual property, or monetary in-
struments; 
‘‘(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 fire-
arms, explosives, or other destructive devices in-
volving an alien; 
‘‘(G) the employment or abuse of an alien, 
including trafficking and peonage, labor viola-
tions, sexual exploitation, pornography, pros-
titution, or sex tourism; 
‘‘(H) identification, travel, or employment 
documents; 
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‘‘(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, trib-
al, and foreign agencies to promote the efficient— 
‘‘(A) investigation of criminal violations of 
the border security, terrorism, customs, immi-
gration, naturalization, trade, travel, and trans-
portation 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 Na-
tionality 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 ac-
tivities and relationships of United States Immigra-
tion and Customs Enforcement; 
‘‘(5) establish, maintain, and administer appro-
priate interagency law enforcement centers in fur-
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therance 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 Di-
rector 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 of-
fense 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 com-
mitted or is committing such felony; 
‘‘(5) seize any property, whether real or per-
sonal, 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 au-
thorized to enforce; 
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‘‘(6) offer and pay rewards for services and in-
formation leading to the apprehension of persons in-
volved in the violation or attempted violation of 
those provisions of law which United States Immi-
gration and Customs Enforcement is authorized to 
enforce; and 
‘‘(7) issue civil detainers for purposes of immi-
gration 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 INVESTIGA-
TIONS.— 
‘‘(1) IN
GENERAL.—There is established in 
United States Immigration and Customs Enforce-
ment the Office of Homeland Security Investiga-
tions. 
‘‘(2) EXECUTIVE ASSOCIATE DIRECTOR.—There 
shall be at the head of the Office of Homeland Secu-
rity Investigations an Executive Associate Director, 
who shall report to the Director. 
‘‘(3) DUTIES.—The Office of Homeland Secu-
rity Investigations shall— 
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‘‘(A) serve as the law enforcement office of 
United States Immigration and Customs En-
forcement with primary responsibility to con-
duct investigations of terrorist organizations 
and other criminal organizations that threaten 
homeland or border security; 
‘‘(B) administer the program to collect in-
formation relating to nonimmigrant foreign stu-
dents and other exchange program participants 
described in section 641 of the Illegal Immigra-
tion Reform and Immigrant Responsibility Act 
of 1996 (8 U.S.C. 1372), including the Student 
and Exchange Visitor Information System es-
tablished under such section, and use such in-
formation to carry out the enforcement func-
tions of United States Immigration and Cus-
toms Enforcement; 
‘‘(C) administer a National Intellectual 
Property Rights Coordination Center, which 
shall serve as the primary information sharing 
forum within the Federal Government to coordi-
nate, promote, and assist Federal and inter-
national investigations of intellectual property 
offenses; 
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‘‘(D) administer a National Export En-
forcement 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 OP-
ERATIONS.— 
‘‘(1) IN
GENERAL.—There is established in 
United States Immigration and Customs Enforce-
ment the Office of Enforcement and Removal Oper-
ations. 
‘‘(2) EXECUTIVE ASSOCIATE DIRECTOR.—There 
shall be at the head of the Office of Enforcement 
and Removal Operations an Executive Associate Di-
rector, who shall report to the Director. 
‘‘(3) DUTIES.—The Office of Enforcement and 
Removal Operations shall— 
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‘‘(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 ef-
forts and operations of the United States; 
‘‘(iii) enter the United States in viola-
tion of Federal law; or 
‘‘(iv) are otherwise subject to exclu-
sion, 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 Enforce-
ment the Office of the Principal Legal Advisor. 
‘‘(2) PRINCIPAL LEGAL ADVISOR.—There shall 
be at the head of the Office the Principal Legal Ad-
visor 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 
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and policy guidance to the Director and shall rep-
resent 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 Enforce-
ment 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 Direc-
tor. 
‘‘(3) DUTIES.—The Office of Professional Re-
sponsibility shall— 
‘‘(A) investigate allegations of administra-
tive, 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 sub-
ject to investigation by the Inspector General of 
the Department; 
‘‘(B) inspect and review United States Im-
migration and Customs Enforcement’s offices, 
operations, and processes, including detention 
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facilities operated or used by United States Im-
migration and Customs Enforcement, and pro-
vide an independent review of United States 
Immigration and Custom Enforcement’s organi-
zational health, effectiveness, and efficiency of 
mission; and 
‘‘(C) provide and manage the security pro-
grams and operations for United States Immi-
gration and Customs Enforcement. 
‘‘(j) OTHER AUTHORITIES.— 
‘‘(1) IN GENERAL.—The Secretary may estab-
lish such other Executive Associate Directors, As-
sistant 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 Home-
land Security of the House of Representatives and 
the Committee on Homeland Security and Govern-
mental Affairs of the Senate not later than 30 days 
before exercising the authority described in para-
graph (1). 
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‘‘(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 Home-
land 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, du-
ties, and authorities specified in such amended sec-
tion 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.—Notwith-
standing 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 sec-
tion 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 
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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 con-
strued 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 ac-
tion, 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 As-
sistant 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 Cus-
toms 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 
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by the Senate in accordance with such amended 
section 442. 
(2) OTHER POSITIONS.—The individuals serv-
ing as the Deputy Director, Executive Associate Di-
rectors, Assistant Directors, and other officers and 
employees under section 442 of the Homeland Secu-
rity 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 de-
termines 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 Enforce-
ment.’’. 
(e) TRANSPORTATION.—Section 1344(b)(6) of title 
31, United States Code, is amended by inserting ‘‘the Di-
rector of United States Immigration and Customs En-
forcement, the Commissioner of Customs and Border Pro-
tection,’’ after ‘‘the Administrator of the Drug Enforce-
ment Administration,’’. 
(f) CONFORMING AMENDMENTS.— 
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(1) TITLE 5.—Section 5314 of title 5, United 
States Code, is amended by inserting after ‘‘Director 
of the Bureau of Citizenship and Immigration Serv-
ices.’’ the following new item: ‘‘Director of United 
States Immigration and Customs Enforcement.’’. 
(2) HOMELAND SECURITY ACT OF 2002.—The 
Homeland Security Act 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 insert-
ing ‘‘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 Bu-
reau of Border Security’’ and inserting ‘‘Direc-
tor of United States Immigration and Customs 
Enforcement’’; 
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(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. 
Æ 
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