,i #aacth ,,congress #b;d ,session ,h4 ,r4 #chdf ,,in ,,the ,,house ,,of ,,representatives ,january #aj1 #bjad,mrs4 ,miller of ,michigan 7for herself1 ,mr4 ,mc,caul1 and ,ms4 ,jackson ,lee7 introduced the following bill2 which was referred to the ,committee on ,homeland ,security1 and in addition to the ,committee on ,ways and ,means1 for a period to be subsequently determined by the ,speaker1 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 border1 maritime1 and transportation security responsibilities and functions in the ,department of ,homeland ,security and the establishment of ,united ,states ,customs and ,border ,protection1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,united ,states ,customs and ,border ,protection ,authorization ,act4 #b4 ,establishment of ,united ,states ,customs and ,border ,protection 7a7 ,in general ,section #daa of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #baa7 is amended to read as follows3 #daa4 ,establishment of ,united ,states ,customs and ,border ,protection2 ,commissioner1 ,deputy ,commissioner1 and operational offices 7a7 ,in general ,there is established in the ,department an agency to be known as ,united ,states ,customs and ,border ,protection4 7b7 ,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 7in this section referred to as the ,commissioner71 who shall be appointed by the ,president1 by and with the advice and consent of the ,senate4 7c7 ,duties ,the ,commissioner shall-- 7#a7 ensure the interdiction of persons and goods illegally entering or exiting the ,united ,states2 7#b7 facilitate and expedite the flow of legitimate travelers and trade2 7#c7 detect1 respond1 and interdict terrorists1 drug traffickers1 human traffickers1 criminals1 and other persons who may undermine the security of the ,united ,states2 7#d7 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 travel2 7#e7 oversee the functions of the ,office of ,international ,trade established under section #djb of the ,security and ,accountability for ,every ,port ,act of #bjjf 7#ai ,u4,s4,c4 #bjgb2 ,public ,law #aji-cdg72 7#f7 enforce and administer all customs laws of the ,united ,states2 7#g7 develop and implement screening and targeting capabilities1 including the screening1 reviewing1 identifying1 and prioritizing of passengers and cargo across all international modes of transportation1 both inbound and outbound2 and 7#h7 carry out the duties and powers prescribed by law or delegated by the ,secretary4 7d7 ,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 ,protection4 7e7 ,office of ,united ,states ,border ,patrol 7#a7 ,in general ,there is established in ,united ,states ,customs and ,border ,protection the ,office of ,united ,states ,border ,patrol4 7#b7 ,chief ,there shall be at the head of the ,office of ,united ,states ,border ,patrol a ,chief1 who shall be a uniformed law enforcement officer chosen from the ranks of the ,united ,states ,border ,patrol and who shall report to the ,commissioner4 7#c7 ,duties ,the ,united ,states ,border ,patrol shall-- 7,a7 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 entry2 7,b7 deter and prevent illegal entry of terrorists1 terrorist weapons1 persons1 and contraband2 and 7,c7 carry out other duties and powers prescribed by the ,commissioner4 7f7 ,office of ,air and ,marine ,operations 7#a7 ,in general ,there is established in ,united ,states ,customs and ,border ,protection an ,office of ,air and ,marine ,operations4 7#b7 ,assistant commissioner ,there shall be at the head of the ,office of ,air and ,marine ,operations an ,assistant ,commissioner1 who shall report to the ,commissioner4 7#c7 ,duties ,the ,office of ,air and ,marine ,operations shall-- 7,a7 serve as the law enforcement office of ,united ,states ,customs and ,border ,protection with primary responsibility to detect1 interdict1 and prevent acts of terrorism and the unlawful movement of people1 illicit drugs1 and other contraband across the borders of the ,united ,states in the air and maritime environment2 7,b7 oversee the acquisition1 maintenance1 and operational use of ,united ,states ,customs and ,border ,protection integrated air and marine forces2 7,c7 provide aviation and marine support for other ,federal1 ,state1 and local law enforcement agency needs1 as appropriate2 and 7,d7 carry out other duties and powers prescribed by the ,commissioner4 7g7 ,office of ,field ,operations 7#a7 ,in general ,there is established in ,united ,states ,customs and ,border ,protection an ,office of ,field ,operations4 7#b7 ,assistant commissioner ,there shall be at the head of the ,office of ,field ,operations an ,assistant ,commissioner1 who shall report to the ,commissioner4 7#c7 ,duties ,the ,office of ,field ,operations shall coordinate the enforcement activities of ,united ,states ,customs and ,border ,protection at ,united ,states air1 land1 and sea ports of entry to-- 7,a7 deter and prevent terrorists and terrorist weapons from entering the ,united ,states at ports of entry2 7,b7 conduct inspections at ,united ,states ports of entry to safeguard the ,united ,states from terrorism and illegal entry of persons2 7,c7 prevent illicit drugs1 agricultural pests1 and contraband from entering the ,united ,states2 and 7,d7 carry out other duties and powers prescribed by the ,commissioner4 7h7 ,office of ,intelligence and ,investigative ,liaison 7#a7 ,in general ,there is established in ,united ,states ,customs and ,border ,protection an ,office of ,intelligence and ,investigative ,liaison4 7#b7 ,assistant commissioner ,there shall be at the head of the ,office of ,intelligence and ,investigative ,liaison an ,assistant ,commissioner1 who shall report to the ,commissioner4 7#c7 ,duties ,the ,office of ,intelligence and ,investigative ,liaison shall-- 7,a7 develop1 provide1 coordinate1 and implement intelligence capabilities into a cohesive intelligence enterprise to support the execution of the ,united ,states ,customs and ,border ,protection duties and responsibilities2 7,b7 collect and analyze advance traveler and cargo information2 7,c7 establish intelligence-sharing relationships with ,federal1 ,state1 local1 and tribal agencies and intelligence agencies2 and 7,d7 carry out other duties and powers prescribed by the ,commissioner4 7i7 ,office of ,international ,affairs 7#a7 ,in general ,there is established in ,united ,states ,customs and ,border ,protection an ,office of ,international ,affairs4 7#b7 ,assistant commissioner ,there shall be at the head of the ,office of ,international ,affairs an ,assistant ,commissioner1 who shall report to the ,commissioner4 7#c7 ,duties ,the ,office of ,international ,affairs shall-- 7,a7 coordinate and support ,united ,states ,customs and ,border ,protection's foreign initiatives1 policies1 programs1 and activities2 7,b7 coordinate and support ,united ,states ,customs and ,border ,protection's personnel stationed abroad2 7,c7 maintain partnerships and information sharing agreements with foreign governments1 international organizations1 and ,united ,states agencies in support of ,united ,states ,customs and ,border ,protection duties and responsibilities2 7,d7 provide necessary capacity building1 training1 and assistance to foreign border control agencies to strengthen global supply chain and travel security2 7,e7 coordinate mission support services to sustain ,united ,states ,customs and ,border ,protection's global activities2 7,f7 lead and coordinate ,united ,states ,customs and ,border ,protection's engagement in international negotiations1 in collaboration with the ,office of ,international ,affairs of the ,department2 and 7,g7 carry out other duties and powers prescribed by the ,commissioner4 7j7 ,other authorities 7#a7 ,in general ,the ,secretary may establish such other ,assistant ,commissioners1 agents1 officers1 and other offices as the ,secretary determines necessary to carry out the missions1 duties1 functions1 and authorities of ,united ,states ,customs and ,border ,protection4 7#b7 ,notification ,if the ,secretary exercises the authority provided pursuant to paragraph 7#a71 the ,secretary shall notify the appropriate congressional committees not later than #cj days before exercising such authority4 4 7b7 ,special rules 7#a7 ,treatment ,section #daa of the ,homeland ,security ,act of #bjjb1 as amended by subsection 7a7 of this section1 shall be treated as if included in such ,act as of the date of the enactment of such ,act1 and1 in addition to the functions1 missions1 duties1 and authorities specified in such amended section #daa1 ,united ,states ,customs and ,border ,protection shall continue to perform and carry out the functions1 missions1 duties1 and authorities under section #daa of such ,act as in existence on the day before such date of enactment4 7#b7 ,rules of construction 7,a7 ,rules and regulations ,notwithstanding paragraph 7#a71 nothing in this ,act may be construed as affecting in any manner any rule or regulation issued or promulgated pursuant to section #daa of the ,homeland ,security ,act of #bjjb as in existence on the day before the date of the enactment of this ,act1 and any such rule or regulation shall continue to have full force and effect on and after such date4 7,b7 ,other actions ,notwithstanding paragraph 7#a71 nothing in this ,act may be construed as affecting in any manner any action1 determination1 policy1 or decision pursuant to section #daa of the ,homeland ,security ,act of #bjjb as in existence on the day before the date of the enactment of this ,act1 and any such action1 determination1 policy1 or decision shall continue to have full force and effect on and after such date4 7c7 ,continuation in office 7#a7 ,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 #daa of the ,homeland ,security ,act of #bjjb1 as amended by subsection 7a7 of this section4 7#b7 ,other positions ,the individuals serving as ,assistant ,commissioners and other officers and officials under section #daa of the ,homeland ,security ,act of #bjjb 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 #daa as amended by subsection 7a7 of this section unless the ,commissioner of ,united ,states ,customs and ,border ,protection determines that another individual should hold such position4 7d7 ,reference 7#a7 ,title #e ,section #ecad of title #e1 ,united ,states ,code1 is amended by striking ,commissioner of ,customs1 ,department of ,homeland ,security and inserting ,commissioner of ,united ,states ,customs and ,border ,protection1 ,department of ,homeland ,security4 7#b7 ,other references ,on and after the date of the enactment of this ,act1 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 ,protection4 7e7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #aja et seq47 is amended by striking the item relating to section #daa and inserting the following new item3 ,sec4 #daa4 ,establishment of ,united ,states ,customs and ,border ,protection2 ,commissioner1 ,deputy ,commissioner1 and operational offices4 4 #c4 ,repeals ,sections #daf and #dah of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #baf and #bah71 and the items relating to such sections in the table of contents in section #a7;b7 of such ,act1 are repealed4 #d4 ,clerical and conforming amendments 7a7 ,in general ,the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #aja et seq47 is amended-- 7#a7 in title ,i-- 7,a7 in section #ajb7;f77#aj7 7#f ,u4,s4,c4 #aab7;f77#aj771 by striking the ,directorate of ,border and ,transportation ,security and inserting ,commissioner of ,united ,states ,customs and ,border ,protection2 and 7,b7 in section #ajc7;a77#a7 7#f ,u4,s4,c4 #aac7;a77#a77-- 7i7 in subparagraph 7,c71 by striking ,an ,under ,secretary for ,border and ,transportation ,security4 and inserting ,a ,commissioner of ,united ,states ,customs and ,border ,protection42 and 7ii7 in subparagraph 7,g71 by striking ,a ,director of the ,office of ,counternarcotics ,enforcement4 and inserting ,a ,director for ,united ,states ,immigration and ,customs ,enforcement42 7#b7 in title ,,iv-- 7,a7 by striking the title heading and inserting ,border1 ,maritime1 and ,transportation ,security2 and 7,b7 in subtitle ,a-- 7i7 by striking the subtitle heading and inserting ,border1 ,maritime1 and ,transportation ,security ,responsibilities and ,functions2 and 7ii7 in section #djb 7#f ,u4,s4,c4 #bjb7-- 7,i7 in the section heading1 by striking ,responsibilities and inserting ,border1 ,maritime1 and ,transportation ,responsibilities2 and 7,,ii7 by striking 1 acting through the ,under ,secretary for ,border and ,transportation ,security12 7,c7 in subtitle ,b-- 7i7 by striking the subtitle heading and inserting ,united ,states ,customs and ,border ,protection2 7ii7 in section #dab7;b7 7#f ,u4,s4,c4 #bab71 by striking ,united ,states ,customs ,service each place it appears and inserting ,united ,states ,customs and ,border ,protection2 7iii7 in section #dac 7#f ,u4,s4,c4 #bac71 by striking ,united ,states ,customs ,service and inserting ,united ,states ,customs and ,border ,protection2 7iv7 in section #dad 7#f ,u4,s4,c4 #bad71 by striking ,united ,states ,customs ,service and inserting ,united ,states ,customs and ,border ,protection2 and 7v7 in section #dae 7#f ,u4,s4,c4 #bae71 by striking ,united ,states ,customs ,service each place it appears and inserting ,united ,states ,customs and ,border ,protection2 7,d7 in subtitle ,c-- 7i7 by striking section #dbd 7#f ,u4,s4,c4 #bcd7 and inserting the following new section3 #dbd4 ,preservation of ,transportation ,security ,administration as a distinct entity ,notwithstanding any other provision of this ,act1 the ,transportation ,security ,administration shall be maintained as a distinct entity within the ,department4 2 and 7ii7 in section #dcj 7#f ,u4,s4,c4 #bch7-- 7,i7 by amending subsection 7a7 to read as follows3 7a7 ,establishment ,there is established in the ,department an ,office for ,domestic ,preparedness4 2 7,,ii7 in subsection 7b71 by striking the second sentence2 and 7,,iii7 in subsection 7c77#g71 by striking ,directorate and inserting ,department2 and 7,e7 in subtitle ,d-- 7i7 in section #dda 7#f ,u4,s4,c4 #bea7-- 7,i7 by striking the section heading and inserting ,transfer of functions2 and 7,,ii7 by striking ,under ,secretary for ,border and ,transportation ,security and inserting ,secretary2 7ii7 in section #ddc 7#f ,u4,s4,c4 #bec71 by amending the section to read as follows3 #ddc4 ,professional responsibility and quality review ,the ,secretary shall be responsible for-- 7#a7 conducting investigations on noncriminal allegations of misconduct1 corruption1 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 ,department2 7#b7 inspecting the training and operations of ,united ,states ,immigration and ,customs ,enforcement and ,united ,states ,customs and ,border ,protection1 and providing assessments of the quality of such training and operations2 7#c7 providing analysis of the management of ,united ,states ,immigration and ,customs ,enforcement and ,united ,states ,customs and ,border ,protection2 and 7#d7 monitoring contracts between the ,department and the private sector that provide technology1 equipment1 or services relating to border security to ensure that proper procedures are being followed4 2 and 7iii7 in section #ddd 7#f ,u4,s4,c4 #bed71 by amending the section to read as follows3 #ddd4 ,employee discipline ,the ,secretary may1 notwithstanding any other provision of law1 impose disciplinary action1 including termination of employment1 pursuant to policies and procedures applicable to employees of the ,federal ,bureau of ,investigation1 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 matter4 4 7b7 ,conforming amendments ,section #dja of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bja7 is repealed4 7c7 ,clerical amendments ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb is amended-- 7#a7 by striking the item relating to title ,,iv and inserting the following3 ,title ,,iv--,border1 ,maritime1 and ,transportation ,security 2 7#b7 by striking the item relating to subtitle ,a of title ,,iv and inserting the following3 ,subtitle ,a--,border1 ,maritime1 and ,transportation ,security ,responsibilities and ,functions 2 7#c7 by striking the item relating to section #dja2 7#d7 by striking the item relating to subtitle ,b of title ,,iv and inserting the following3 ,subtitle ,b--,united ,states ,customs and ,border ,protection 2 7#e7 by striking the item relating to section #dda and inserting the following3 ,sec4 #dda4 ,transfer of functions4 2 and 7#f7 by striking the item relating to section #ddb and inserting the following3 ,sec4 #ddb4 ,united ,states ,immigration and ,customs ,enforcement4 4