Sec. 121. Establishment of U.S. Immigration and Customs Enforcement Agency
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Section 442 of the Homeland Security Act of 2002 ( 6 U.S.C. 252 ) is amended to read as follows: There shall be in the Department of Homeland Security an agency to be known as the U.S. Immigration and Customs Enforcement Agency. The head of the U.S. Immigration and Customs Enforcement Agency shall be a Director of U.S. 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; carry out the duties and powers described in subsection (c), prescribed by law, and prescribed by the Secretary of Homeland Security; report directly to the Secretary of Homeland Security; and have a minimum of 5 years professional experience in law enforcement, and a minimum of 5 years of management experience.
As an exercise of the rulemaking power of the Senate, any nomination for Director shall be referred to the Committee on Finance. If the Committee on Finance has not reported such nomination at the close of the 30th day after its referral to such Committee, the Committee shall be automatically discharged from further consideration of such nomination and such nomination shall be referred to the Committee on the Judiciary. The Director shall be compensated at the rate of pay for level III of the Executive Schedule as provided in section 5314 of title 5, United States Code.
The duties of the Director shall include— establishing and overseeing the administration of policies with respect to functions— performed under the detention and removal program, the intelligence program, and the investigations program that were transferred to the Under Secretary for Border and Transportation Security by section 441 and delegated to the Assistant Secretary for U.S. Immigration and Customs Enforcement on the day before the date of the enactment of the Trade Facilitation and Trade Enforcement Reauthorization Act of 2013 ; and otherwise vested in the Assistant Secretary on the day before such date of enactment; advising the Secretary with respect to any policy or operation of the U.S.
Immigration and Customs Enforcement Agency that may affect the U.S. Citizenship and Immigration Services established under subtitle E, including potentially conflicting policies and operations; conducting and coordinating investigations of violations of the customs and trade laws of the United States (as defined in section 2 of the Trade Facilitation and Trade Enforcement Reauthorization Act of 2013 ) and, when appropriate, referring alleged violations of such laws for criminal prosecution; coordinating efforts with law enforcement and customs authorities of foreign countries to investigate violations of customs and trade laws; and coordinating with the Commissioner of U.S.
Customs and Border Protection with respect to investigations of violations of the customs and trade laws of the United States and ensuring the development and implementation of the joint strategic plan on trade facilitation and trade enforcement required under section 123A of the Customs and Trade Act of 1990. The Director is authorized to appoint, in the U.S. Immigration and Customs Enforcement Agency established under subsection (a), one Deputy Director who shall assist the Director in the management of the Agency and who shall act for the Director during the absence or disability of the Director or in the event that the position of Director is vacant.
The Director may appoint such officers as are necessary to manage the individual offices within the U.S. Immigration and Customs Enforcement Agency. The Director shall be responsible for administering 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 pursuant to that section, and shall use such information to carry out the enforcement functions of the U.S.
Immigration and Customs Enforcement Agency. There shall be a position of Chief of Policy and Strategy for the U.S. Immigration and Customs Enforcement Agency. In consultation with personnel in local offices of the Agency, the Chief of Policy and Strategy shall be responsible for— making policy recommendations and performing policy research and analysis on immigration enforcement issues; and coordinating immigration policy issues with the Chief of Policy and Strategy for the Bureau of Citizenship and Immigration Services established under section 451(c), as appropriate.
There shall be a principal legal advisor to the Director. The legal advisor shall provide specialized legal advice to the Director and shall represent the U.S. Immigration and Customs Enforcement Agency in all exclusion, deportation, and removal proceedings before the Executive Office for Immigration Review. . Section 5314 of title 5, United States Code, is amended by adding at the end the following: Director of U.S. Immigration and Customs Enforcement, Department of Homeland Security. .
The individual serving as Assistant Secretary for U.S. Immigration and Customs Enforcement of the Department of Homeland Security on the day before the date of the enactment of this Act may serve as Director of U.S. Immigration and Customs Enforcement until the earlier of— the date on which that individual is no longer eligible to serve as Assistant Secretary; or the date on which an individual nominated by the President to be the Director of U.S. Immigration and Customs Enforcement is confirmed by the Senate.
On and after the date of the enactment of this Act, any reference to the Assistant Secretary for U.S. Immigration and Customs Enforcement or the Assistant Secretary of the Bureau of Border Security of the Department of Homeland Security, shall be deemed to be a reference to the Director of U.S. Immigration and Customs Enforcement. The heading for subtitle D of title IV of the Homeland Security Act of 2002 is amended to read as follows: . The table of contents for the Homeland Security Act of 2002 is amended— by striking the item relating to section 442 and inserting the following:
Sec. 442. Establishment of U.S. Immigration and Customs Enforcement Agency; Director. ; and by striking the item relating to subtitle D of title IV and inserting the following: Subtitle D—Enforcement functions . Section 451(a)(2)(C) of the Homeland Security Act of 2002 ( 6 U.S.C. 271(a)(2)(C) ) is amended by striking Assistant Secretary of the Bureau of Border Security and inserting Director of U.S. Immigration and Customs Enforcement .
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Sec. 121
Establishment of U.S. Immigration and Customs Enforcement Agency
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