H.R. 3846 — Introduced in House

I 113th CONGRESS 2d Session H. R. 3846 IN THE HOUSE OF REPRESENTATIVES January 10, 2014Mrs. 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 jurisdiction 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 establishment of United States Customs and Border Protection, and for other purposes. 1. Short title This Act may be cited as the United States Customs and Border Protection Authorization Act. 2. Establishment of United States Customs and Border Protection (a) In general Section 411 of the Homeland Security Act of 2002 (6 U.S.C. 211) is amended to read as follows: 411. Establishment of United States Customs and Border Protection; Commissioner, Deputy Commissioner, and operational offices (a) In general There is established in the Department an agency to be known as United States Customs 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 Commissioner of United States Customs and Border Protection (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 legitimate travelers and trade; (3) detect, respond, and interdict terrorists, drug traffickers, human traffickers, criminals, and 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 legitimate 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 targeting capabilities, including the screening, reviewing, identifying, and prioritizing of passengers and cargo across all international modes of transportation, 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 Protection. (e) Office of United States Border Patrol (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 Patrol shall— (A) serve as the law enforcement office of United States Customs and Border Protection with primary responsibility for interdicting persons 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 terrorists, terrorist weapons, persons, and contraband; and (C) carry out other duties and powers prescribed by the Commissioner. (f) Office of Air and Marine Operations (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 Operations 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 marine forces; (C) provide aviation and marine support for other Federal, State, and local law enforcement agency needs, as appropriate; and (D) carry out other duties and powers prescribed by the Commissioner. (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 terrorist 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 (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 Investigative 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 implement intelligence capabilities into a cohesive intelligence enterprise to support the execution of the United States Customs and Border Protection duties and responsibilities; (B) collect and analyze advance traveler and cargo information; (C) establish intelligence-sharing relationships 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. (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 Affairs shall— (A) coordinate and support United States Customs and Border Protection’s foreign initiatives, policies, programs, and activities; (B) coordinate and support United States Customs and Border Protection’s personnel stationed abroad; (C) maintain partnerships and information sharing agreements with foreign governments, international organizations, and United States agencies in support of United States Customs and Border Protection duties and responsibilities; (D) provide necessary capacity building, training, and assistance to foreign border control agencies to strengthen global supply chain and travel security; (E) coordinate mission support services to sustain United States Customs and Border Protection’s global activities; (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 establish such other Assistant Commissioners, agents, officers, and other offices as the Secretary determines necessary to carry out the missions, duties, functions, 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 congressional committees not later than 30 days before exercising such authority. . (b) Special rules (1) Treatment Section 411 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 411, United States Customs and Border Protection 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 Notwithstanding 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 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 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 action, determination, policy, or decision shall 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 Border Protection is appointed under section 411 of the Homeland Security Act of 2002, as amended by subsection (a) of this section. (2) Other positions The individuals serving as Assistant Commissioners and other officers and officials under section 411 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 Commissioners and other officers and officials under such section 411 as amended by subsection (a) of this section unless the Commissioner of United States Customs and Border Protection determines that another individual should hold such position. (d) Reference (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 Customs or the Commissioner of the Customs Service shall be deemed to be a reference to the Commissioner 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 relating 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. . 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. 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 inserting Commissioner of United States Customs 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 Customs and Border Protection.; and (ii) in subparagraph (G), by striking A Director of the Office of Counternarcotics Enforcement. and inserting A Director for United States Immigration and Customs Enforcement.; (2) in title IV— (A) by striking the title heading and inserting Border, Maritime, and Transportation Security; and (B) in subtitle A— (i) by striking the subtitle heading and inserting Border, Maritime, and Transportation Security Responsibilities 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 Responsibilities; 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 Customs and Border Protection; (ii) in section 412(b) (6 U.S.C. 212), by striking United States Customs Service each place it appears and inserting United States Customs and Border Protection; (iii) in section 413 (6 U.S.C. 213), by striking United States Customs Service 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 Protection; (D) in subtitle C— (i) by striking section 424 (6 U.S.C. 234) and inserting the following new section: 424. Preservation of Transportation Security Administration as a distinct entity Notwithstanding any other provision of this Act, the Transportation Security Administration shall be maintained 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. ; (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 heading and inserting Transfer of functions; and (II) by striking Under Secretary for Border and Transportation Security and inserting Secretary; (ii) in section 443 (6 U.S.C. 253), by amending the section to read as follows: 443. Professional responsibility and quality review The Secretary shall be responsible for— (1) conducting investigations on noncriminal allegations of misconduct, corruption, and fraud involving any employee of United States Immigration and Customs Enforcement and United States Customs and Border Protection that are not subject to investigation by the Inspector General of the Department; (2) inspecting the training and operations of United States Immigration and Customs Enforcement and United States Customs and Border Protection, and providing assessments of the quality of such training and operations; (3) providing analysis of the management of United States Immigration and Customs Enforcement and United States Customs and Border Protection; and (4) monitoring contracts between the Department 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: 444. Employee discipline The Secretary may, notwithstanding any other provision of law, impose disciplinary action, including termination of employment, pursuant to policies and procedures applicable to employees of the Federal Bureau of Investigation, 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. . (b) Conforming amendments Section 401 of the Homeland Security Act of 2002 (6 U.S.C. 201) is repealed. (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. .