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 jurisdic-
tion 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 establish-
ment of United States Customs and Border Protection, 
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 Customs 
and Border Protection Authorization Act’’. 
VerDate Mar 15 2010 
02:01 Jan 11, 2014
Jkt 039200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H3846.IH
H3846
tjames on DSK6SPTVN1PROD with BILLS
SEC. 2. ESTABLISHMENT OF UNITED STATES CUSTOMS AND 
BORDER PROTECTION. 
(a) IN GENERAL.—Section 411 of the Homeland Se-
curity Act of 2002 (6 U.S.C. 211) is amended to read 
as follows: 
‘‘SEC. 411. ESTABLISHMENT OF UNITED STATES CUSTOMS 
AND BORDER PROTECTION; COMMISSIONER, 
DEPUTY COMMISSIONER, AND OPERATIONAL 
OFFICES. 
‘‘(a) IN GENERAL.—There is established in the De-
partment an agency to be known as United States Cus-
toms and Border Protection. 
‘‘(b) COMMISSIONER OF UNITED STATES CUSTOMS 
AND BORDER PROTECTION.—There shall be at the head 
of United States Customs and Border Protection a Com-
missioner of United States Customs and Border Protec-
tion (in this section referred to as the ‘Commissioner’), 
who shall be appointed by the President, by and with the 
advice and consent of the Senate. 
‘‘(c) DUTIES.—The Commissioner shall— 
‘‘(1) ensure the interdiction of persons and 
goods illegally entering or exiting the United States; 
‘‘(2) facilitate and expedite the flow of legiti-
mate travelers and trade; 
‘‘(3) detect, respond, and interdict terrorists, 
drug traffickers, human traffickers, criminals, and 
VerDate Mar 15 2010 
02:01 Jan 11, 2014
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H3846.IH
H3846
tjames on DSK6SPTVN1PROD with BILLS
other persons who may undermine the security of 
the United States; 
‘‘(4) safeguard the borders of the United States 
to protect against the entry of dangerous goods 
while facilitating and expediting the flow of legiti-
mate trade and travel; 
‘‘(5) oversee the functions of the Office of 
International Trade established under section 402 of 
the Security and Accountability for Every Port Act 
of 2006 (19 U.S.C. 2072; Public Law 109–347); 
‘‘(6) enforce and administer all customs laws of 
the United States; 
‘‘(7) develop and implement screening and tar-
geting capabilities, including the screening, review-
ing, identifying, and prioritizing of passengers and 
cargo across all international modes of transpor-
tation, both inbound and outbound; and 
‘‘(8) carry out the duties and powers prescribed 
by law or delegated by the Secretary. 
‘‘(d) DEPUTY COMMISSIONER.—There shall be in 
United States Customs and Border Protection a Deputy 
Commissioner who shall assist the Commissioner in the 
management of United States Customs and Border Pro-
tection. 
VerDate Mar 15 2010 
02:01 Jan 11, 2014
Jkt 039200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H3846.IH
H3846
tjames on DSK6SPTVN1PROD with BILLS
‘‘(e) OFFICE
OF UNITED STATES BORDER PA-
TROL.— 
‘‘(1) IN
GENERAL.—There is established in 
United States Customs and Border Protection the 
Office of United States Border Patrol. 
‘‘(2) CHIEF.—There shall be at the head of the 
Office of United States Border Patrol a Chief, who 
shall be a uniformed law enforcement officer chosen 
from the ranks of the United States Border Patrol 
and who shall report to the Commissioner. 
‘‘(3) DUTIES.—The United States Border Pa-
trol shall— 
‘‘(A) serve as the law enforcement office of 
United States Customs and Border Protection 
with primary responsibility for interdicting per-
sons attempting to illegally enter or exit the 
United States or goods being illegally imported 
to or exported from the United States at a 
place other than a designated port of entry; 
‘‘(B) deter and prevent illegal entry of ter-
rorists, terrorist weapons, persons, and contra-
band; and 
‘‘(C) carry out other duties and powers 
prescribed by the Commissioner. 
‘‘(f) OFFICE OF AIR AND MARINE OPERATIONS.— 
VerDate Mar 15 2010 
02:01 Jan 11, 2014
Jkt 039200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H3846.IH
H3846
tjames on DSK6SPTVN1PROD with BILLS
‘‘(1) IN
GENERAL.—There is established in 
United States Customs and Border Protection an 
Office of Air and Marine Operations. 
‘‘(2) ASSISTANT
COMMISSIONER.—There shall 
be at the head of the Office of Air and Marine Oper-
ations an Assistant Commissioner, who shall report 
to the Commissioner. 
‘‘(3) DUTIES.—The Office of Air and Marine 
Operations shall— 
‘‘(A) serve as the law enforcement office of 
United States Customs and Border Protection 
with primary responsibility to detect, interdict, 
and prevent acts of terrorism and the unlawful 
movement of people, illicit drugs, and other 
contraband across the borders of the United 
States in the air and maritime environment; 
‘‘(B) oversee the acquisition, maintenance, 
and operational use of United States Customs 
and Border Protection integrated air and ma-
rine forces; 
‘‘(C) provide aviation and marine support 
for other Federal, State, and local law enforce-
ment agency needs, as appropriate; and 
‘‘(D) carry out other duties and powers 
prescribed by the Commissioner. 
VerDate Mar 15 2010 
02:01 Jan 11, 2014
Jkt 039200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H3846.IH
H3846
tjames on DSK6SPTVN1PROD with BILLS
‘‘(g) OFFICE OF FIELD OPERATIONS.— 
‘‘(1) IN
GENERAL.—There is established in 
United States Customs and Border Protection an 
Office of Field Operations. 
‘‘(2) ASSISTANT
COMMISSIONER.—There shall 
be at the head of the Office of Field Operations an 
Assistant Commissioner, who shall report to the 
Commissioner. 
‘‘(3) DUTIES.—The Office of Field Operations 
shall coordinate the enforcement activities of United 
States Customs and Border Protection at United 
States air, land, and sea ports of entry to— 
‘‘(A) deter and prevent terrorists and ter-
rorist weapons from entering the United States 
at ports of entry; 
‘‘(B) conduct inspections at United States 
ports of entry to safeguard the United States 
from terrorism and illegal entry of persons; 
‘‘(C) prevent illicit drugs, agricultural 
pests, and contraband from entering the United 
States; and 
‘‘(D) carry out other duties and powers 
prescribed by the Commissioner. 
‘‘(h) OFFICE OF INTELLIGENCE AND INVESTIGATIVE 
LIAISON.— 
VerDate Mar 15 2010 
02:01 Jan 11, 2014
Jkt 039200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H3846.IH
H3846
tjames on DSK6SPTVN1PROD with BILLS
‘‘(1) IN
GENERAL.—There is established in 
United States Customs and Border Protection an 
Office of Intelligence and Investigative Liaison. 
‘‘(2) ASSISTANT
COMMISSIONER.—There shall 
be at the head of the Office of Intelligence and In-
vestigative Liaison an Assistant Commissioner, who 
shall report to the Commissioner. 
‘‘(3) DUTIES.—The Office of Intelligence and 
Investigative Liaison shall— 
‘‘(A) develop, provide, coordinate, and im-
plement intelligence capabilities into a cohesive 
intelligence enterprise to support the execution 
of the United States Customs and Border Pro-
tection duties and responsibilities; 
‘‘(B) collect and analyze advance traveler 
and cargo information; 
‘‘(C) establish intelligence-sharing relation-
ships with Federal, State, local, and tribal 
agencies and intelligence agencies; and 
‘‘(D) carry out other duties and powers 
prescribed by the Commissioner. 
‘‘(i) OFFICE OF INTERNATIONAL AFFAIRS.— 
‘‘(1) IN
GENERAL.—There is established in 
United States Customs and Border Protection an 
Office of International Affairs. 
VerDate Mar 15 2010 
02:01 Jan 11, 2014
Jkt 039200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H3846.IH
H3846
tjames on DSK6SPTVN1PROD with BILLS
‘‘(2) ASSISTANT
COMMISSIONER.—There shall 
be at the head of the Office of International Affairs 
an Assistant Commissioner, who shall report to the 
Commissioner. 
‘‘(3) DUTIES.—The Office of International Af-
fairs shall— 
‘‘(A) coordinate and support United States 
Customs and Border Protection’s foreign initia-
tives, policies, programs, and activities; 
‘‘(B) coordinate and support United States 
Customs and Border Protection’s personnel sta-
tioned abroad; 
‘‘(C) maintain partnerships and informa-
tion sharing agreements with foreign govern-
ments, international organizations, and United 
States agencies in support of United States 
Customs and Border Protection duties and re-
sponsibilities; 
‘‘(D) provide necessary capacity building, 
training, and assistance to foreign border con-
trol agencies to strengthen global supply chain 
and travel security; 
‘‘(E) coordinate mission support services to 
sustain United States Customs and Border Pro-
tection’s global activities; 
VerDate Mar 15 2010 
02:01 Jan 11, 2014
Jkt 039200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H3846.IH
H3846
tjames on DSK6SPTVN1PROD with BILLS
‘‘(F) lead and coordinate United States 
Customs and Border Protection’s engagement 
in international negotiations, in collaboration 
with the Office of International Affairs of the 
Department; and 
‘‘(G) carry out other duties and powers 
prescribed by the Commissioner. 
‘‘(j) OTHER AUTHORITIES.— 
‘‘(1) IN GENERAL.—The Secretary may estab-
lish such other Assistant Commissioners, agents, of-
ficers, and other offices as the Secretary determines 
necessary to carry out the missions, duties, func-
tions, and authorities of United States Customs and 
Border Protection. 
‘‘(2) NOTIFICATION.—If the Secretary exercises 
the authority provided pursuant to paragraph (1), 
the Secretary shall notify the appropriate congres-
sional committees not later than 30 days before ex-
ercising such authority.’’. 
(b) SPECIAL RULES.— 
(1) TREATMENT.—Section 411 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-
VerDate Mar 15 2010 
02:01 Jan 11, 2014
Jkt 039200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H3846.IH
H3846
tjames on DSK6SPTVN1PROD with BILLS
ties, and authorities specified in such amended sec-
tion 411, United States Customs and Border Protec-
tion shall continue to perform and carry out the 
functions, missions, duties, and authorities under 
section 411 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 section 411 of the Homeland Secu-
rity Act of 2002 as in existence on the day be-
fore 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 con-
strued as affecting in any manner any action, 
determination, policy, or decision pursuant to 
section 411 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 
VerDate Mar 15 2010 
02:01 Jan 11, 2014
Jkt 039200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H3846.IH
H3846
tjames on DSK6SPTVN1PROD with BILLS
continue to have full force and effect on and 
after such date. 
(c) CONTINUATION IN OFFICE.— 
(1) COMMISSIONER.—The individual serving as 
the Commissioner of Customs on the day before the 
date of the enactment of this Act may serve as the 
Commissioner of United States Customs and Border 
Protection on and after such date of enactment until 
a Commissioner of United States Customs and Bor-
der Protection is appointed under section 411 of the 
Homeland Security Act of 2002, as amended by sub-
section (a) of this section. 
(2) OTHER POSITIONS.—The individuals serv-
ing as Assistant Commissioners and other officers 
and officials under section 411 of the Homeland Se-
curity Act of 2002 on the day before the date of the 
enactment of this Act may serve as the appropriate 
Assistant Commissioners and other officers and offi-
cials under such section 411 as amended by sub-
section (a) of this section unless the Commissioner 
of United States Customs and Border Protection de-
termines that another individual should hold such 
position. 
(d) REFERENCE.— 
VerDate Mar 15 2010 
02:01 Jan 11, 2014
Jkt 039200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H3846.IH
H3846
tjames on DSK6SPTVN1PROD with BILLS
(1) TITLE 5.—Section 5314 of title 5, United 
States Code, is amended by striking ‘‘Commissioner 
of Customs, Department of Homeland Security’’ and 
inserting ‘‘Commissioner of United States Customs 
and Border Protection, Department of Homeland 
Security’’. 
(2) OTHER
REFERENCES.—On and after the 
date of the enactment of this Act, any reference in 
law or regulations to the ‘‘Commissioner of Cus-
toms’’ or the ‘‘Commissioner of the Customs Serv-
ice’’ shall be deemed to be a reference to the Com-
missioner of United States Customs and Border 
Protection. 
(e) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of the Homeland Security Act of 2002 (6 
U.S.C. 101 et seq.) is amended by striking the item relat-
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.’’. 
SEC. 3. REPEALS. 
Sections 416 and 418 of the Homeland Security Act 
of 2002 (6 U.S.C. 216 and 218), and the items relating 
to such sections in the table of contents in section 1(b) 
of such Act, are repealed. 
VerDate Mar 15 2010 
02:01 Jan 11, 2014
Jkt 039200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H3846.IH
H3846
tjames on DSK6SPTVN1PROD with BILLS
SEC. 4. CLERICAL AND CONFORMING AMENDMENTS. 
(a) IN GENERAL.—The Homeland Security Act of 
2002 (6 U.S.C. 101 et seq.) is amended— 
(1) in title I— 
(A) in section 102(f)(10) (6 U.S.C. 
112(f)(10)), by striking ‘‘the Directorate of 
Border and Transportation Security’’ and in-
serting ‘‘Commissioner of United States Cus-
toms and Border Protection’’; and 
(B) 
in 
section 
103(a)(1) 
(6 
U.S.C. 
113(a)(1))— 
(i) in subparagraph (C), by striking 
‘‘An Under Secretary for Border and 
Transportation Security.’’ and inserting 
‘‘A Commissioner of United States Cus-
toms and Border Protection.’’; and 
(ii) in subparagraph (G), by striking 
‘‘A Director of the Office of Counter-
narcotics Enforcement.’’ and inserting ‘‘A 
Director for United States Immigration 
and Customs Enforcement.’’; 
(2) in title IV— 
(A) by striking the title heading and in-
serting ‘‘BORDER, MARITIME, AND 
TRANSPORTATION SECURITY’’; and 
(B) in subtitle A— 
VerDate Mar 15 2010 
02:01 Jan 11, 2014
Jkt 039200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H3846.IH
H3846
tjames on DSK6SPTVN1PROD with BILLS
(i) by striking the subtitle heading 
and inserting ‘‘Border, Maritime, and 
Transportation Security Respon-
sibilities and Functions’’; and 
(ii) in section 402 (6 U.S.C. 202)— 
(I) in the section heading, by 
striking ‘‘RESPONSIBILITIES’’ and 
inserting 
‘‘BORDER, 
MARITIME, 
AND
TRANSPORTATION
RESPON-
SIBILITIES’’; and 
(II) by striking ‘‘, acting through 
the Under Secretary for Border and 
Transportation Security,’’; 
(C) in subtitle B— 
(i) by striking the subtitle heading 
and inserting ‘‘United States Cus-
toms and Border Protection’’; 
(ii) in section 412(b) (6 U.S.C. 212), 
by striking ‘‘United States Customs Serv-
ice’’ each place it appears and inserting 
‘‘United States Customs and Border Pro-
tection’’; 
(iii) in section 413 (6 U.S.C. 213), by 
striking ‘‘United States Customs Service’’ 
VerDate Mar 15 2010 
02:01 Jan 11, 2014
Jkt 039200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H3846.IH
H3846
tjames on DSK6SPTVN1PROD with BILLS
and inserting ‘‘United States Customs and 
Border Protection’’; 
(iv) in section 414 (6 U.S.C. 214), by 
striking ‘‘United States Customs Service’’ 
and inserting ‘‘United States Customs and 
Border Protection’’; and 
(v) in section 415 (6 U.S.C. 215), by 
striking ‘‘United States Customs Service’’ 
each place it appears and inserting 
‘‘United States Customs and Border Pro-
tection’’; 
(D) in subtitle C— 
(i) by striking section 424 (6 U.S.C. 
234) and inserting the following new sec-
tion: 
‘‘SEC. 424. PRESERVATION OF TRANSPORTATION SECURITY 
ADMINISTRATION AS A DISTINCT ENTITY. 
‘‘Notwithstanding any other provision of this Act, the 
Transportation Security Administration shall be main-
tained as a distinct entity within the Department.’’; and 
(ii) in section 430 (6 U.S.C. 238)— 
(I) by amending subsection (a) to 
read as follows: 
‘‘(a) ESTABLISHMENT.—There is established in the 
Department an Office for Domestic Preparedness.’’; 
VerDate Mar 15 2010 
20:58 Jan 13, 2014
Jkt 039200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H3846.IH
H3846
tjames on DSK6SPTVN1PROD with BILLS
(II) in subsection (b), by striking 
the second sentence; and 
(III) in subsection (c)(7), by 
striking ‘‘Directorate’’ and inserting 
‘‘Department’’; and 
(E) in subtitle D— 
(i) in section 441 (6 U.S.C. 251)— 
(I) by striking the section head-
ing and inserting ‘‘TRANSFER
OF 
FUNCTIONS’’; and 
(II) by striking ‘‘Under Secretary 
for Border and Transportation Secu-
rity’’ and inserting ‘‘Secretary’’; 
(ii) in section 443 (6 U.S.C. 253), by 
amending the section to read as follows: 
‘‘SEC. 443. PROFESSIONAL RESPONSIBILITY AND QUALITY 
REVIEW. 
‘‘The Secretary shall be responsible for— 
‘‘(1) conducting investigations on noncriminal 
allegations of misconduct, corruption, and fraud in-
volving any employee of United States Immigration 
and Customs Enforcement and United States Cus-
toms and Border Protection that are not subject to 
investigation by the Inspector General of the De-
partment; 
VerDate Mar 15 2010 
02:01 Jan 11, 2014
Jkt 039200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H3846.IH
H3846
tjames on DSK6SPTVN1PROD with BILLS
‘‘(2) inspecting the training and operations of 
United States Immigration and Customs Enforce-
ment and United States Customs and Border Pro-
tection, and providing assessments of the quality of 
such training and operations; 
‘‘(3) providing analysis of the management of 
United States Immigration and Customs Enforce-
ment and United States Customs and Border Pro-
tection; and 
‘‘(4) monitoring contracts between the Depart-
ment and the private sector that provide technology, 
equipment, or services relating to border security to 
ensure that proper procedures are being followed.’’; 
and 
(iii) in section 444 (6 U.S.C. 254), by 
amending the section to read as follows: 
‘‘SEC. 444. EMPLOYEE DISCIPLINE. 
‘‘The Secretary may, notwithstanding any other pro-
vision of law, impose disciplinary action, including termi-
nation of employment, pursuant to policies and procedures 
applicable to employees of the Federal Bureau of Inves-
tigation, on any employee of United States Immigration 
and Customs Enforcement and United States Customs 
and Border Protection who willfully deceives Congress or 
agency leadership on any matter.’’. 
VerDate Mar 15 2010 
02:01 Jan 11, 2014
Jkt 039200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H3846.IH
H3846
tjames on DSK6SPTVN1PROD with BILLS
(b) CONFORMING AMENDMENTS.—Section 401 of the 
Homeland Security Act of 2002 (6 U.S.C. 201) is re-
pealed. 
(c) CLERICAL AMENDMENTS.—The table of contents 
in section 1(b) of the Homeland Security Act of 2002 is 
amended— 
(1) by striking the item relating to title IV and 
inserting the following: 
‘‘TITLE IV—BORDER, MARITIME, AND TRANSPORTATION 
SECURITY’’; 
(2) by striking the item relating to subtitle A 
of title IV and inserting the following: 
‘‘Subtitle A—Border, Maritime, and Transportation Security Responsibilities 
and Functions’’; 
(3) by striking the item relating to section 401; 
(4) by striking the item relating to subtitle B 
of title IV and inserting the following: 
‘‘Subtitle B—United States Customs and Border Protection’’; 
(5) by striking the item relating to section 441 
and inserting the following: 
‘‘Sec. 441. Transfer of functions.’’; 
and 
(6) by striking the item relating to section 442 
and inserting the following: 
‘‘Sec. 442. United States Immigration and Customs Enforcement.’’. 
Æ 
VerDate Mar 15 2010 
02:01 Jan 11, 2014
Jkt 039200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6301
E:\BILLS\H3846.IH
H3846
tjames on DSK6SPTVN1PROD with BILLS