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[EX Q]: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Steamtown National Historic Site Act
of 1994''.

SEC. 2. DEFINITIONS.

As used in this Act:
(1) Advisory committee.--The term ''Advisory Committee''
means the Steamtown National Historic Site Advisory Committee
established by the Secretary under section 5.
(2) Hazardous substance.--The term ''hazardous substance''
has the meaning given such term in section 101(14) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601(14)).
(3) Historic site.--The term ''historic site'' means the
Steamtown National Historic Site established under section 3.
(4) National park service.--The term ''National Park
Service'' means the National Park Service of the Department of
the Interior.
(5) Remedial action.--The term ''remedial action'' has the
meaning given such term in section 101(24) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9601(24)).
(6) Removal.--The term ''removal'' has the meaning given
such term in section 101(23) of such Act (42 U.S.C. 9601(23)).
(7) Secretary.--The term ''Secretary'' means the Secretary
of the Interior.

SEC. 3. ESTABLISHMENT OF STEAMTOWN NATIONAL HISTORIC SITE.

(a) In General.--
(1) Establishment.--In order to preserve and interpret
certain elements of railroading, especially steam-operated
railroads that were in operation during the period of 1850 to
1950, there is hereby established the Steamtown National
Historic Site.
(2) Purposes.--The purposes of the historic site shall
include providing for the interpretation of--
(A) the evolution of railroads; and
(B) the impact of railroads on the development of
the United States,
including technological, economic, social, and political
effects and the relationship of railroads to the
industrialization of the United States.
(b) Description of Site.--The historic site shall consist of the
lands and interests in lands within the area generally depicted on the
map entitled ''Boundary Map, Steamtown National Historic Site'',
numbered STTO-80,000 and dated September 1986. The map shall be on file
and available for public inspection in the offices of the National Park
Service. Except by act of Congress, no revisions may be made in the
boundary of the historic site.
(c) Repeal of Superseded Law.--The Steamtown National Historical
Site Act of 1986 (the twelfth proviso in the paragraph relating to the
operation of the national park system (including transfer of funds)
under the heading ''National Park Service'' in title I of the
Department of the Interior and Related Agencies Appropriations Act,
1987, which was enacted in identical forms in section 101(h) of Public
Law 99-500 and section 101(h) of Public Law 99-591; 100 Stat. 1783-248
and 100 Stat. 3341-248), is repealed.

SEC. 4. ADMINISTRATION OF STEAMTOWN NATIONAL HISTORIC SITE.

(a) In General.--The Secretary of the Interior shall administer the
historic site in accordance with this Act and any other provision of
law generally applicable to units of the national park system,
including the Act entitled ''An Act to establish a National Park
Service, and for other purposes'', approved August 25, 1916 (39 Stat.
535; 16 U.S.C. 1, 2, 3, and 4) and the Act entitled ''An Act to provide
for the preservation of historic American sites, buildings, objects,
and antiquities of national significance, and for other purposes'',
approved August 21, 1935 (16 U.S.C. 461 et seq.).
(b) Comprehensive General Management Plan.--Not later than
September 30, 1995, the Secretary shall prepare and submit to the
Committee on Energy and Natural Resources of the Senate and the
Committee on Interior and Insular Affairs of the House of
Representatives a new comprehensive general management plan for the
historic site. The plan shall be consistent with this Act, section 12
of Public Law 91-383 (16 U.S.C. 1a-7), and any other applicable
provision of law.

SEC. 5. ACQUISITION OF LAND.

(a) In General.--The Secretary may acquire lands or interests in
land within the boundaries of the historic site only by--
(1) donation; or
(2) purchase with donated funds.
(b) Prohibition on Acquisition of Contaminated Lands.--
(1) In general.--The Secretary may not acquire any land or
interest in land to serve the purposes of the historic site
unless such lands are not contaminated with a hazardous
substance for which a removal or remedial action at the expense
of the United States is required under the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9601 et seq.).
(2) Reimbursement.--
(A) In general.--Before the Secretary may accept
title to any lands to further the purposes of the
historic site, the Secretary shall seek reimbursement
of any funds expended by the National Park Service,
prior to the date of the enactment of this Act, on a
removal or remedial action with respect to any
contamination of lands within the boundaries of the
historic site under applicable provisions of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.).
(B) Crediting of reimbursement.--Any amount
received as reimbursement under subparagraph (A) shall
be credited to miscellaneous receipts in the Treasury.
(C) Treatment of certain funds expended for a
removal or remedial action.--After the full amount of a
reimbursement made pursuant to subparagraph (A) is
credited pursuant to subparagraph (B), the amount
expended by the National Park Service with respect to
which the reimbursement was made shall not be treated
as amounts expended for development with respect to the
limitation under section 8(b).

SEC. 6. PARK SERVICE ACTIVITIES.

(a) In General.--The Secretary shall take such action as is
necessary and appropriate to--
(1) administer the historic site;
(2) interpret, for the public, the significance of the
resources of the site and the history of the site; and
(3) provide essential services for the public at the
historic site.
(b) Preservation of Collection of Railroad Equipment.--
(1) Existing collection.--Subject to paragraph (2), the
Secretary shall preserve the collection of railroad equipment,
including locomotives and rolling stock, that is present at the
historic site as of the date of enactment of this Act. The
Secretary may also preserve such equipment and essential
machinery as are necessary for the maintenance of the
locomotives and rolling stock.
(2) Acquisition of additional equipment.--The Secretary may
acquire by exchange or purchase, appropriate examples of
locomotives and rolling stock to enhance the collection of
railroad equipment at the historic site if--
(A) the Secretary takes such action as is necessary
to ensure that the total number of locomotives and
rolling stock in the collection of railroad equipment
does not increase as a result of the exchange or
purchase; and
(B) the exchange or purchase is carried out in a
manner consistent with the general management plan for
the historic site.
(c) Cost-Sharing.--The Secretary shall, to the extent practicable,
seek donations and assistance from volunteers and carry out other cost-
sharing measures to restore the locomotives and rolling stock in the
collection of railroad equipment.
(d) Preservation of Artifact Collection and Archival Materials.--
The Secretary shall take such action as is necessary to preserve the
artifact collection and archival materials located at the historic
site.
(e) Prohibition.--No Federal funds may be expended to provide
access between the historic site and any structure that is privately
owned and operated for profit.
(f) Excursions.--To the extent that providing regular excursions
with appropriate interpretation under this subsection furthers public
understanding of the matters described in section 3(a)(2), the
Secretary may provide regular excursions with appropriate
interpretation between Scranton, Pennsylvania, and Moscow,
Pennsylvania. To carry out the excursions, the Secretary may provide
essential visitor services at Moscow, Pennsylvania.
(g) Use of Funds for the Restoration of Tracks, Bridges, or
Tunnels.--
(1) In general.--Except as provided in paragraph (2), the
Secretary may not expend funds made available to the National
Park Service for the restoration or maintenance of tracks,
bridges, or tunnels located outside the historic site.
(2) Exception.--
(A) Restoration pursuant to cooperative agreement
with owner.--If the Secretary and the owner of the
tracks and bridges between the historic site and
Moscow, Pennsylvania, enter into a cooperative
agreement described in subparagraph (B), the Secretary
may expend funds described in subparagraph (C) for
restoring and maintaining such tracks and bridges.
(B) Cooperative agreement described.--A cooperative
agreement referred to in subparagraph (A) is a
cooperative agreement that--
(i) provides for the Secretary to restore
and maintain such tracks and bridges; and
(ii) permits the National Park Service to
use such tracks and bridges for excursions
authorized under subsection (f).
(C) Funds described.--The funds referred to in
subparagraph (A) are funds that--
(i) were appropriated to the Secretary
before November 15, 1991; and
(ii) remain available for obligation.
(3) Track usage fees.--If the Secretary enters into an
agreement to use tracks and bridges pursuant to paragraph (2),
the Secretary may pay customary and appropriate track usage
fees.
(h) Excursion Fees.--Excursion fees charged for any rail excursion
carried out by the Secretary pursuant to this section shall be
established at a level that ensures that, at a minimum, 75 percent of
the costs of maintenance, personnel, and equipment for the excursion
shall be covered by amounts collected as user fees.
(i) Bridge 60.--The Secretary may assist the owner of Bridge 60 and
Bridge 60 Wye (as defined and determined by the Secretary) with track
and switch rehabilitation to facilitate activities associated with the
historic site.

SEC. 7. ADVISORY COMMITTEE.

(a) Establishment.--There is established the Steamtown National
Historic Site Advisory Committee.
(b) Purposes.--The purposes of the Advisory Committee are as
follows:
(1) To provide the Secretary with a readily available
source of professional expertise in railroad management and
history.
(2) To advise the Secretary in the development and
operation of the historic site.
(c) Membership.--The Advisory Committee shall be composed of 11
members who shall be appointed by the Secretary, as follows:
(1) Two members shall be individuals with recognized
expertise in the operation of historic railways.
(2) Two members shall be individuals with recognized
expertise in the operation of commercial railways.
(3) Two members shall be historians with recognized
expertise in the history of technology.
(4) Two members shall be historians with recognized
expertise in social history.
(5) Three members shall be representatives of the general
public.
(d) Terms.--Each member shall serve for a term of 3 years. A member
of the Advisory Committee may continue to serve as a member after the
expiration of the member's term until a successor is appointed.
(e) Chairperson.--The Advisory Committee shall select a Chairperson
from among its members.
(f) Duties of the Secretary.--The Secretary, or a designee of the
Secretary, shall from time to time, but at least semiannually, meet and
consult with the Advisory Committee on matters relating to the
management and development of the historic site.
(g) Initial Meeting.--Not later than 30 days after the date on
which all members of the Advisory Committee have been appointed, the
Chairperson shall convene the Advisory Committee.
(h) Meetings.--
(1) In general.--The Advisory Committee shall meet at the
call of the Chairperson.
(2) Frequency of meetings.--The Advisory Committee shall
meet at least 3 times during each year.
(3) Quorum.--A majority of the members of the Advisory
Committee shall constitute a quorum.
(i) Compensation.--Members of the Advisory Committee shall serve
without compensation, except the Secretary may, on receipt of a voucher
approved by the Chairperson, pay expenses reasonably incurred in the
performance of duties of the Committee.
(j) Termination of Advisory Committee.--The Advisory Committee
shall terminate 10 years after the date of enactment of this Act.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

(a) In General.--Subject to the limitations under subsections (b)
and (c), there are authorized to be appropriated to the Department of
the Interior such sums as are necessary to carry out this Act.
(b) Limitation of Expenditures for Development.--The aggregate
amount of funds expended by the Department of the Interior after
September 30, 1986, for the development of the historic site may not
exceed $58,000,000.
(c) Limitation of Expenditures of Funds.--No funds made available
to the Department of the Interior from Federal sources may be expended
with respect to the historic site for a purpose other than a purpose
specified in section 6 and in section 7(h).
[EX A]: Steamtown National Historic Site Act of 1994 - Repeals the Steamtown National Historic Site Act of 1986 and sets forth new provisions establishing the Steamtown National Historic Site to preserve and interpret certain elements of railroading, especially steam-operated railroads during the period of 1850 to 1950.
Directs the Secretary of the Interior to prepare and submit a new comprehensive general management plan for the Site to specified congressional committees.
Prohibits the Secretary from acquiring any lands or interests in lands contaminated with hazardous substances that would require removal or remedial action at the expense of the United States. Requires the Secretary to seek reimbursement of any funds expended by the National Park Service for such purpose prior to enactment of this Act before the Secretary may accept title to such lands for the Site.
Directs the Secretary to preserve the collection of railroad equipment (including locomotives and rolling stock) present at the Site as of enactment of this Act. Authorizes the Secretary to acquire additional examples of locomotives and rolling stock if action is taken to ensure that the total number in the collection does not increase.
Requires the Secretary to preserve the artifact collection and archival materials located at the Site.
Prohibits Federal funds from being expended for access between the Site and any structure that is privately-owned or operated for profit.
Authorizes the Secretary to provide regular excursions with appropriate interpretation between Scranton, Pennsylvania, and Moscow, Pennsylvania. Authorizes the Secretary to pay customary and appropriate track usage fees. Prohibits the Secretary from expending funds of the National Park Service for the restoration or maintenance of tracks, bridges, or tunnels outside the Site, except certain funds appropriated before November 15, 1991.
Establishes the Steamtown National Historic Site Advisory Committee to provide the Secretary with a readily available source of professional expertise in railroad management and history and to advise in the development and operation of the Site.
Authorizes appropriations. Limits: (1) expenditures for the development of the Site after FY 1986; and (2) expenditures for the Site to specified activities.

[EX Q]: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Territorial Health Parity Act of
2009''.

SEC. 2. MEDICAID PAYMENT PARITY FOR THE TERRITORIES.

(a) Elimination of Funding Limitations for Puerto Rico, the Virgin
Islands, Guam, the Northern Mariana Islands, and American Samoa.--
(1) In general.--Section 1108 of the Social Security Act
(42 U.S.C. 1308) is amended--
(A) in subsection (f), in the matter before
paragraph (1), by striking ''subsection (g)'' and
inserting ''subsections (g) and (h)'';
(B) in subsection (g)(2), in the matter before
subparagraph (A), by inserting ''and subsection (h)''
after ''paragraph (3)''; and
(C) by adding at the end the following new
subsection:
''(h) Sunset of Funding Limitations for Puerto Rico, the Virgin
Islands, Guam, the Northern Mariana Islands, and American Samoa.--
Subsections (f) and (g) shall not apply to Puerto Rico, the Virgin
Islands, Guam, the Northern Mariana Islands, and American Samoa for any
fiscal year after fiscal year 2009.''.
(2) Conforming amendment.--Section 1903(u) of such Act (42
U.S.C. 1396c(u)) is amended by striking paragraph (4).
(3) Effective date.--The amendments made by this subsection
shall apply beginning with fiscal year 2010.
(b) Parity in FMAP.--
(1) In general.--Section 1905(b)(2) of such Act (42 U.S.C.
1396d(b)(2)) is amended by inserting after ''50 per centum''
the following: ''(except that, beginning with fiscal year 2012,
the Federal medical assistance percentage for Puerto Rico, the
Virgin Islands, Guam, the Northern Mariana Islands, and
American Samoa shall be the Federal medical assistance
percentage determined by the Secretary in consultation (for the
Virgin Islands, Guam, the Northern Mariana Islands, and
American Samoa) with the Secretary of the Interior)''.
(2) 2-fiscal-year transition.--Notwithstanding any other
provision of law, during fiscal years 2010 and 2011, the
Federal medical assistance percentage established under section
1905(b) of the Social Security Act (42 U.S.C. 1396d(b)) for
Puerto Rico, the Virgin Islands, Guam, the Northern Mariana
Islands, and American Samoa shall be the highest such Federal
medical assistance percentage applicable to any of the 50
States or the District of Columbia for the fiscal year
involved, taking into account the application of subsections
(a) and (b)(1) of 5001 of division B of the American Recovery
and Reinvestment Act of 2009 (Public Law 111-5) to such States
and District for calendar quarters during such fiscal years for
which such subsections apply respectively.
(3) Per capita income data.--
(A) Report to congress.--Not later than October 1,
2010, the Secretary of Health and Human Services shall
submit to Congress a report that describes the per
capita income data used to promulgate the Federal
medical assistance percentage in the territories and
how such data differ from the per capita income data
used to promulgate Federal medical assistance
percentages for the 50 States and the District of
Columbia. The report should include recommendations on
how the Federal medical assistance percentages can be
calculated for the territories to ensure parity with
the 50 States and the District of Columbia.
(B) Application.--Section 1101(a)(8)(B) of the
Social Security Act (42 U.S.C. 1308(a)(8)(B)) is
amended--
(i) by striking ''(other than Puerto Rico,
the Virgin Islands, and Guam)'' and inserting
''(including Puerto Rico, the Virgin Islands,
Guam, the Northern Mariana Islands, and
American Samoa)''; and
(ii) by inserting ''(or, if such
satisfactory data are not available in the case
of the Virgin Islands, Guam, the Northern
Mariana Islands, or American Samoa,
satisfactory data available from the Department
of the Interior for the same period, or if such
satisfactory data are not available in the case
of Puerto Rico, satisfactory data available
from the Government of the Commonwealth of
Puerto Rico for the same period)'' after
''Department of Commerce''.
(4) Relation to american recovery and reinvestment act of
2009.--For any period and territory in which the provisions of
this subsection apply to a territory, the provisions of section
5001(b)(2) of division B of the American Recovery and
Reinvestment Act of 2009 (Public Law 111-5) shall not apply
(except as otherwise specifically provided in paragraph (2)).

SEC. 3. CLARIFICATION OF MEDICAID COVERAGE FOR CITIZENS OF FREELY
ASSOCIATED STATES.

(a) In General.--Section 402(b)(2) of the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(b)(2))
is amended by adding at the end the following:
''(G) Medicaid exception for citizens of freely
associated states.--With respect to eligibility for
benefits for the program defined in paragraph (3)(C)
(relating to the Medicaid program), paragraph (1) shall
not apply to any individual who lawfully resides in the
United States (including territories and possessions of
the United States) in accordance with the Compacts of
Free Association between the Government of the United
States and the Governments of the Federated States of
Micronesia, the Republic of the Marshall Islands, and
the Republic of Palau.''.
(b) Conforming Definition of Qualified Alien.--Section 431(b) of
such Act (8 U.S.C. 1641(b)) is amended--
(1) in paragraph (6), by striking ''or'' at the end;
(2) in paragraph (7), by striking the period at the end and
inserting ''; or''; and
(3) by adding at the end the following:
''(8) an individual who lawfully resides in the United
States (including territories and possessions of the United
States) in accordance with a Compact of Free Association
referred to in section 402(b)(2)(G), but only with respect to
the program defined in section 402(b)(3)(C) (relating to the
Medicaid program).''.
(c) Setting FMAP at 100 Percent.--The third sentence of section
1905(b) of the Social Security Act (42 U.S.C. 1396d(b)) is amended by
inserting before the period at the end the following: ''and as medical
assistance for individuals described in section 402(b)(2)(G) of the
Personal Responsibility and Work Opportunity Reconciliation Act of
1996''.
(d) Effective Date.--The amendments made by this Act take effect on
October 1, 2009, Act and apply to benefits and assistance provided on
or after that date.
[EX A]: Territorial Health Parity Act of 2009 - Amends title XI of the Social Security Act (SSA) to sunset at the end of FY2009 the limitation on Medicaid payments to Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa.

Amends SSA title XIX (Medicaid) to: (1) repeal, as of the end of FY2011, the federal medical assistance percentage (FMAP) of 50% that applies to such territories; and (2) set the new FMAP for such territories at one determined by the Secretary of Health and Human Services (Secretary) in consultation with the Secretary of the Interior. Specifies a transitional FMAP for such territories for FY2010-FY2011.

Requires the Secretary to report to Congress on the per capita income data used to promulgate the FMAP in the territories and how such data differ from the per capita income data used to promulgate FMAPs for the 50 states and the District of Columbia. Requires the report to include recommendations on how FMAPs can be calculated for the territories to ensure parity with the 50 states and the District of Columbia.

Amends the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 to extend the Medicaid program to the citizens of the Freely Associated States (Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau).

Amends SSA title XIX to set a 100% FMAP for otherwise qualified services rendered to such citizens.

[EX Q]: SECTION 1. SHORT TITLE.

This Act may be cited as the ''United States Immigration and
Customs Enforcement Authorization Act''.

SEC. 2. ESTABLISHMENT OF UNITED STATES IMMIGRATION AND CUSTOMS
ENFORCEMENT.

(a) In General.--Section 442 of the Homeland Security Act of 2002
(6 U.S.C. 252) is amended to read as follows:

''SEC. 442. ESTABLISHMENT OF UNITED STATES IMMIGRATION 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 Enforcement a Director of United States Immigration and
Customs Enforcement (in this section referred to as the 'Director'),
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 violation of Federal law
relating to or involving--
''(A) border control and security, including the
prevention of the entry or residence of terrorists,
criminals, and human rights violators;
''(B) customs, trade, or import or export control,
including the illicit possession, movement of, or trade
in goods, services, property, contraband, arms,
instruments of terrorism, items controlled or
prohibited from export, pornography, intellectual
property, or monetary instruments;
''(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 firearms,
explosives, or other destructive devices involving an
alien;
''(G) the employment or abuse of an alien,
including trafficking and peonage, labor violations,
sexual exploitation, pornography, prostitution, or sex
tourism;
''(H) identification, travel, or employment
documents;
''(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, tribal, and
foreign agencies to promote the efficient--
''(A) investigation of criminal violations of the
border security, terrorism, customs, immigration,
naturalization, trade, travel, and transportation 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 Nationality 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 activities and relationships of United States
Immigration and Customs Enforcement;
''(5) establish, maintain, and administer appropriate
interagency law enforcement centers in furtherance 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 Director 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 offense 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 committed or is committing such felony;
''(5) seize any property, whether real or personal, 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 authorized to enforce;
''(6) offer and pay rewards for services and information
leading to the apprehension of persons involved in the
violation or attempted violation of those provisions of law
which United States Immigration and Customs Enforcement is
authorized to enforce; and
''(7) issue civil detainers for purposes of immigration
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 Investigations.--
''(1) In general.--There is established in United States
Immigration and Customs Enforcement the Office of Homeland
Security Investigations.
''(2) Executive associate director.--There shall be at the
head of the Office of Homeland Security Investigations an
Executive Associate Director, who shall report to the Director.
''(3) Duties.--The Office of Homeland Security
Investigations shall--
''(A) serve as the law enforcement office of United
States Immigration and Customs Enforcement with primary
responsibility to conduct investigations of terrorist
organizations and other criminal organizations that
threaten homeland or border security;
''(B) administer the program to collect information
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 Information System
established under such section, and use such
information to carry out the enforcement functions of
United States Immigration and Customs Enforcement;
''(C) administer a National Intellectual Property
Rights 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 intellectual
property offenses;
''(D) administer a National Export Enforcement
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 Operations.--
''(1) In general.--There is established in United States
Immigration and Customs Enforcement the Office of Enforcement
and Removal Operations.
''(2) Executive associate director.--There shall be at the
head of the Office of Enforcement and Removal Operations an
Executive Associate Director, who shall report to the Director.
''(3) Duties.--The Office of Enforcement and Removal
Operations shall--
''(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
efforts and operations of the United States;
''(iii) enter the United States in
violation of Federal law; or
''(iv) are otherwise subject to exclusion,
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 Enforcement the Office of the Principal
Legal Advisor.
''(2) Principal legal advisor.--There shall be at the head
of the Office the Principal Legal Advisor 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 and policy guidance to
the Director and shall represent 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 Enforcement 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 Director.
''(3) Duties.--The Office of Professional Responsibility
shall--
''(A) investigate allegations of administrative,
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
subject to investigation by the Inspector General of
the Department;
''(B) inspect and review United States Immigration
and Customs Enforcement's offices, operations, and
processes, including detention facilities operated or
used by United States Immigration and Customs
Enforcement, and provide an independent review of
United States Immigration and Custom Enforcement's
organizational health, effectiveness, and efficiency of
mission; and
''(C) provide and manage the security programs and
operations for United States Immigration and Customs
Enforcement.
''(j) Other Authorities.--
''(1) In general.--The Secretary may establish such other
Executive Associate Directors, Assistant 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 Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate not later than 30 days
before exercising the authority described in paragraph (1).
''(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 Homeland 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, duties, and authorities specified in such amended
section 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.--Notwithstanding
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 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 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 construed 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
action, 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 Assistant
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 Customs 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 by the Senate
in accordance with such amended section 442.
(2) Other positions.--The individuals serving as the Deputy
Director, Executive Associate Directors, Assistant Directors,
and other officers and employees under section 442 of the
Homeland Security 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
determines 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
Enforcement.''.
(e) Transportation.--Section 1344(b)(6) of title 31, United States
Code, is amended by inserting ''the Director of United States
Immigration and Customs Enforcement, the Commissioner of Customs and
Border Protection,'' after ''the Administrator of the Drug Enforcement
Administration,''.
(f) Conforming Amendments.--
(1) Title 5.--Section 5314 of title 5, United States Code,
is amended by inserting after ''Director of the Bureau of
Citizenship and Immigration Services.'' the following new item:
''Director of United States Immigration and Customs
Enforcement.''.
(2) Homeland security act of 2002.--The Homeland Security
Ac 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 inserting ''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 Bureau of Border
Security'' and inserting ''Director of United States
Immigration and Customs Enforcement'';
(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.
[EX A]:
Amends the Homeland Security Act of 2002 with respect to the establishment in the Department of Homeland Security (DHS) of United States Immigration and Customs Enforcement (ICE) (formerly the Bureau of Immigration and Customs Enforcement).