Sec. 2002. Establishment of U.S. Immigration and Customs Enforcement

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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 is established within the Department an agency to be known as U.S. Immigration and Customs Enforcement . There shall be at the head of U.S. Immigration and Customs Enforcement a Director of U.S. Immigration and Customs Enforcement (in this section referred to as the Director ). The Director shall— have a minimum five years— professional experience in law enforcement (which may include enforcement of the immigration laws, as defined in section 101(a)(17) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(17) ) or the customs and trade laws of the United States, as defined in section 2 of the Trade Facilitation and Trade Enforcement Act of 2015 ( 19 U.S.C. 4301 )); and management experience; identify, arrest, detain and seek the removal of inadmissible and deportable aliens and otherwise enforce the immigration laws (as defined in section 101(a)(17) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(17) )), other than through criminal prosecutions; investigate and, where appropriate, refer for prosecution, any criminal or civil violation of Federal law relating to or involving— the immigration laws (as defined in section 101(a)(17) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(17) )); border control and security, including the prevention of the entry or residence of terrorists, criminals, and human rights violators; the customs and trade laws of the United States, as defined in section 2 of the Trade Facilitation and Trade Enforcement Act of 2015 ( 19 U.S.C. 4301 ); the import or export of merchandise, including the illicit possession, movement of, or trade in goods, services, property, arms, instruments of terrorism, items controlled or prohibited from export, child exploitation, intellectual property, or currency or other monetary instruments; bulk cash smuggling or other financial crimes with a cross border or international nexus; transnational gang activity; chapter 40 or 44 of title 18, United States Code, or other violation relating to firearms, explosives, or other destructive devices involving an alien; severe forms of trafficking in persons, as defined in section 103 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102 ); the production, procurement, counterfeiting, alteration, or use of fraudulent immigration documents or fraudulently obtaining immigration benefits; 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; drug laws, as specified in the Controlled Substance Act and the Controlled Substance Import and Export Act in the context of cross-border criminal activity; or fraud or false statements relating to or involving any matter specified in this paragraph. administer the National Intellectual Property Rights Coordination Center established in section 305 of the Trade Facilitation and Trade Enforcement Act of 2015 ( Public Law 114–125 ; 19 U.S.C. 4344 ); jointly with the Commissioner of U.S.

Customs and Border Protection, develop and submit the joint strategic plan required under section 105 of the Trade Facilitation and Trade Enforcement Act of 2015 ( Public Law 114–125 ; 19 U.S.C. 4314 ); coordinate with Federal, State, local, tribal, and foreign agencies in carrying out the duties described in paragraphs

(2)and (3); 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 including investigations and repatriation efforts; assign employees of the Department to diplomatic and consular posts, in coordination with the Secretary, pursuant to section 426(e); establish, maintain, and administer appropriate interagency law enforcement centers in furtherance of the Director’s statutory duties, including interagency centers, in accordance with applicable law, or as prescribed by the Secretary; administer the Border Enforcement Security Task Force established under section 429; operate the Cyber Crimes Center established in section 890A; in carrying out paragraph (3), administer internal conspiracy investigations at United States ports of entry; and carry out other duties and powers prescribed by law, or delegated by the Secretary. The Director may authorize agents and officers of U.S. Immigration and Customs Enforcement to— carry out the duties and responsibilities authorized under sections 287 and 274A of the Immigration and Nationality Act ( 8 U.S.C. 1357 and 8 U.S.C. 1324(a) ) and section 589 of the Tariff Act of 1930 ( 19 U.S.C. 1589a ); 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 by statute to enforce; conduct undercover investigative operations pursuant to section 294 of the Immigration and Nationality Act ( 8 U.S.C. 1363a ), and section 3131 of the Customs Enforcement Act of 1986 ( 19 U.S.C. 2081 ; enacted as part of the Anti-Drug Abuse Act of 1986); and carry out other duties and responsibilities provided under the laws of the United States. There shall be a Deputy Director of United States U.S. Immigration and Customs Enforcement who shall assist the Director in managing U.S. Immigration and Customs Enforcement and who shall assist the Director in carrying out the Directors duties. There is established in U.S. Immigration and Customs Enforcement an Office of Homeland Security Investigations. There shall be at the head of the Office of Homeland Security Investigations an Executive Associate Director, who shall report to the Director. The Office of Homeland Security Investigations shall— serve as the law enforcement office of U.S. Immigration and Customs Enforcement with a primary responsibility to conduct investigations of terrorist organizations and other criminal organizations that threaten homeland or border security; serve as the law enforcement office of U.S. Immigration and Customs Enforcement with responsibility to conduct investigations of, and, where appropriate, refer for prosecution, any criminal or civil violation of Federal law, including— money laundering offenses with a cross-border nexus; bulk cash smuggling with a cross-border nexus; commercial fraud with a cross-border nexus and intellectual property theft; cybercrimes; human smuggling and human trafficking as defined in section 103 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102 ) , and human rights violations as defined by 28 U.S.C. 509B(e) ; narcotics and weapons smuggling and trafficking; export violations; international art and antiquity theft; identity and benefits fraud, as those terms are defined in title 8 and title 18, United States Code, relating to or involving any matter specified in this subparagraph; and any other criminal or civil violation prescribed by law or delegated by the Director; 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; 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; conduct investigations of alleged violations of, and make arrests under, section 274A of the Immigration and Nationality Act ( 8 U.S.C. 1324a ), including referring for prosecution, or levying monetary penalties against, an employer found to be in violation of such section, and administratively arresting, and initiating removal proceeding against, an alien unlawfully employed; administer a Human Smuggling and Trafficking Center, which shall serve as the primary information sharing forum within the Federal Government to coordinate, promote, and assist Federal and international investigations in human smuggling and trafficking investigations; administer the Bulk Cash Smuggling Center, which shall serve to investigate domestic and international bulk cash smuggling activities and support law enforcement in efforts to investigate and restrict bulk cash smuggling; investigate and refer for prosecution public safety matters involving (to the extent provided in subsection (b)(4))— large-scale operations prosecuted pursuant to chapter 96 (relating to racketeer influenced and corrupt organizations) of title 18, United States Code; and the smuggling into, and sale within, the United States of weapons; and carry out other duties and powers prescribed by the Director. There is established in U.S. Immigration and Customs Enforcement an Office of Enforcement and Removal Operations. There shall be at the head of the Office of Enforcement and Removal Operations an Executive Associate Director, who shall report to the Director. The Office of Enforcement and Removal Operations shall— serve as the law enforcement office of U.S. Immigration and Customs Enforcement with primary responsibility to enforce the civil immigration and nationality laws of the United States; identify, locate, arrest, detain, and seek the removal of aliens in custodial settings or at-large, and remove aliens ordered removed, who— are inadmissible or deportable under sections 212(a)(3) or 237(a)(4) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3) or 1227(a)(4)), or otherwise present a national security risk to the United States; are inadmissible or deportable under sections 212(a)(2) or 237(a)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(2) or 1227(a)(2)); undermine the border security efforts and operations of the United States; enter the United States in violation of Federal law; are unlawfully present in the United States; are members of a criminal gang or participate in gang-related crimes, except as described in subsection (f)(3); constitute threats to the public safety; or are otherwise subject to exclusion, deportation, or removal from the United States. refer for prosecution aliens described in subparagraph

(B)or section 922(g)(5) of title 18, United States Code; have custody (and the authority to release) over aliens detained for potential exclusion, deportation, or removal from the United States, manage the administrative immigration detention operations of U.S. Immigration and Customs Enforcement, and provide necessary, and appropriate medical care to detained aliens in the custody of the agency; plan, coordinate, and manage the execution of exclusion, deportation, and removal orders issued to aliens; investigate and refer for prosecution a civil or criminal violation of the immigration laws or an offense described in section 287(a)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1357(a)(5) ); and carry out other duties and powers as prescribed by the Director. There is established in U.S. Immigration and Customs Enforcement an Office of the Principal Legal Advisor. There shall be at the head of the Office the Principal Legal Advisor a Principal Legal Advisor. The office of the Principal Legal Advisor shall— provide specialized legal advice and policy guidance to the Director; represent the Department in all exclusion, deportation, and removal proceedings before the Executive Office for Immigration Review; represent U.S. Immigration and Customs Enforcement in venues and fora as authorized by the Director or General Counsel of the Department of Homeland Security, or otherwise permitted by law; and carry out other duties and powers as prescribed by the Director. There is established in U.S. Immigration and Customs Enforcement an Office of Professional Responsibility. There shall be at the head of the Office of Professional Responsibility an Assistant Director, who shall report to the Director. The Office of Professional Responsibility shall— investigate allegations of administrative, civil, and criminal misconduct involving any employee or contractor of U.S. Immigration and Customs Enforcement; inspect and review United States Immigration and Customs Enforcement’s offices, operations, and processes, including detention facilities operated or used by U.S. Immigration and Customs Enforcement, and provide an independent review of United States Immigration and Custom Enforcement’s organizational health, effectiveness, and efficiency of mission; provide and manage the security programs and operations for U.S. Immigration and Customs Enforcement; and carry out other duties and powers as prescribed by the Director. There is established in U.S. Immigration and Customs Enforcement an Office of Management and Administration. There shall be at the head of the Office of Management and Administration an Executive Associate Director, who shall report to the Director. The Office of Management and Administration shall— administer the Office of Human Capital to provide guidance to the agency and ensure compliance with human resources policies and practices; administer the Office of Chief Financial Officer; administer the Office of Policy to develop and communicate the agency policies and priorities; create best practices to efficiently respond to all Freedom of Information Act requests received by the agency; manage all information technology systems within the agency; and carry out additional duties as assigned or delegated by the Director. Notwithstanding any other provision of this Act, any officer within the Office of Enforcement and Removal Operations engaged in the duties of that office under subsection (f)(3)(C) or (f)(3)(F) shall be provided access, in connection to such duties, to databases necessary for the proper collection, recordation, and retention of any evidence collected. The Secretary may establish such other Executive Associate Directors, or other similar positions or officials, as the secretary determines necessary to carry out the missions, duties, functions, and authorities of U.S. Immigration and Customs Enforcement. If the Secretary exercises the authority provided pursuant to paragraph (1), the Secretary shall notify the Committee on the Judiciary and the Committee on Homeland Security of the House of Representatives and the Committee on the Judiciary and the Committee on Homeland Security and Governmental Affairs of the Senate not later than 30 days before exercising such authority. Nothing in this section may be construed as affecting or limiting in any manner the authority, as in existence on the day before the date of the enactment of this section, of any other Federal agency or other component of the Department. . 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. In addition to the functions, missions, duties, and authorities specified in such amended section 442, U.S. 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 (notwithstanding the treatment described in this paragraph). Notwithstanding the treatment described in paragraph (1), nothing in this division 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 division, and any such rule or regulation shall continue to have full force and effect on and after such date. Notwithstanding the treatment described in paragraph (1), nothing in this division 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 division, and any such action, determination, policy, or decision shall continue to have full force and effect on and after such date. The individual serving as the Director of U.S. Immigration and Customs Enforcement on the day before the date of the enactment of this division (notwithstanding the treatment described in subsection (b)(1)) may serve as the Director of U.S. Immigration and Customs Enforcement in accordance with section 442 of the Homeland Security Act of 2002, as amended by subsection (a), until the earlier of— the date on which such individual is no longer eligible to serve as Director; or the date on which a person nominated by the President to be the Director is confirmed by the Senate in accordance with such section 441. The individuals serving as the Deputy Director, Executive Associate Directors, Deputy Executive Associate Directors, or similar officers or officials of U.S. Immigration and Customs Enforcement under section 442 of the Homeland Security Act of 2002 on the day before the date of the enactment of this division (notwithstanding the treatment described in subsection (b)(1)) may serve as the appropriate Deputy Director, Executive Associate Directors, Deputy Executive Associate Directors, Associate Directors, Deputy Associate Directors, Assistant Directors, and other officers and officials under section 442 of such Act, as amended by subsection (a), unless the Director of U.S. Immigration and Customs Enforcement determines that another individual should hold such position. The table of contents in section 1(b) of 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. . Section 1344(b)(6) of title 31, United States Code, is amended by inserting the Director of U.S. Immigration and Customs Enforcement, the Commissioner of U.S. Customs and Border Protection, after the Administrator of the Drug Enforcement Administration, . Nothing in this Act or the amendments made by this Act may be construed as creating any new ground for removal under the immigration laws (as such term is defined in section 101(a)(17) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(17) )). It is the sense of Congress that a primary mission of U.S. Immigration and Customs Enforcement is to enforce the full range of immigration laws within the interior of the United States. 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 U.S. Immigration and Customs Enforcement. . Section 8I(e) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by striking the Bureau of Border Security, and inserting United States Immigration and Customs Enforcement, . Paragraph

(2)of section 802(d) of the Trade Facilitation and Trade Enforcement Act of 2015 ( Public Law 114–125 ) is amended by inserting before the period at the end of the following: or the Director of U.S. Immigration and Customs Enforcement, as determined by the Secretary of Homeland Security . Title IV of the Homeland Security Act of 2002 is amended— in subtitle C— in subsection

(e)of section 426 (as redesignated in section 1705 of this Act), by adding at the end the following new paragraph: For purposes of this subsection, the Secretary shall act through the Director of U.S. Immigration and Customs Enforcement. ; and in section 429 (as redesignated in section 1705 of this Act)— by redesignating subsection

(e)as subsection (f); and by inserting after subsection

(d)the following new subsection: The Director of U.S. Immigration and Customs Enforcement shall administer BEST units established under this section. ; and in subtitle E, 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 ; and The table of contents in section 1(b) of such Act is amended by striking the item relating to subtitle D of title IV and inserting the following new item: Subtitle D—U.S. Immigration and Customs Enforcement .

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