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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9896 Introduced in House (IH)]

<DOC>

118th CONGRESS
  2d Session
                                H. R. 9896

To transfer Homeland Security Investigations from U.S. Immigration and 
     Customs Enforcement, redesignate U.S. Immigration and Customs 
 Enforcement as U.S. Immigration Compliance Enforcement, and for other 
                               purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            October 1, 2024

 Mr. Robert Garcia of California introduced the following bill; which 
was referred to the Committee on Homeland Security, and in addition to 
the Committees on the Judiciary, and 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 transfer Homeland Security Investigations from U.S. Immigration and 
     Customs Enforcement, redesignate U.S. Immigration and Customs 
 Enforcement as U.S. Immigration Compliance Enforcement, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``ICE Security Reform Act of 2024''.

SEC. 2. TRANSFER OF HOMELAND SECURITY INVESTIGATIONS FROM U.S. 
              IMMIGRATION AND CUSTOMS ENFORCEMENT.

    (a) Transfer.--Not later than 2 years after the date of enactment 
of this Act, the Secretary of Homeland Security shall transfer Homeland 
Security Investigations from U.S. Immigration and Customs Enforcement 
to exist as a separate entity within the Department of Homeland 
Security.
    (b) Director.--There shall be at the head of Homeland Security 
Investigations a Director of Homeland Security Investigations. The 
Director shall be appointed by the President, by and with the advice 
and consent of the Senate.
    (c) Legal Advisor.--
            (1) In general.--There shall be a Chief Counsel to the 
        Director of Homeland Security Investigations who shall provide 
        specialized legal advice and any other assistance to the 
        Director with respect to legal matters affecting Homeland 
        Security Investigations.
            (2) Clarification.--The legal advisor under section 442(c) 
        of the Homeland Security Act of 2002 (6 U.S.C. 252(c)) shall 
        retain responsibility for any legal matters that are not under 
        the authority of Homeland Security Investigations pursuant to 
        the transfer under subsection (a).
    (d) Functions.--The functions of Homeland Security Investigations 
shall be the same as the functions of such office on the day before the 
date of enactment of this Act.
    (e) Guidelines.--Not later than 2 years after the date of enactment 
of this Act, the Secretary of Homeland Security, in consultation with 
the Attorney General, shall develop, issue, and make publicly 
available, updated investigative guidelines for the law enforcement 
activities of Homeland Security Investigations, which shall--
            (1) be consistent with national policy priorities, 
        departmental priorities, and the domestic and international 
        threat landscape;
            (2) include policies and reporting requirements related to 
        the use of surveillance technologies; and
            (3) include policies related to protecting sensitive 
        information and ongoing investigations.
    (f) Review.--Not later than 2 years after the date of enactment of 
this Act, the Secretary of Homeland Security and the Attorney General 
shall conduct a joint review of the investigative guidelines developed 
pursuant to subsection (e) and the role of Homeland Security 
Investigations relative to other Federal law enforcement agencies, and 
enter into a memorandum of agreement on the role of Homeland Security 
Investigations to evaluate overlap particularly in the areas of 
transnational criminal investigation, intellectual property, human 
trafficking, online child sexual exploitation, narcotics, and financial 
crime.
    (g) Report.--Not later than 180 days after the date of enactment of 
this Act, and every 180 days thereafter until the transfer under 
subsection (a) is complete, the Secretary of Homeland Security shall 
submit to the Committee on Homeland Security of the House of 
Representatives and the Committee on Homeland Security and Governmental 
Affairs of the Senate a report on the progress made with respect to 
such transfer.

SEC. 3. REDESIGNATION RELATING TO U.S. IMMIGRATION COMPLIANCE AND 
              ENFORCEMENT.

    (a) In General.--The entity referred to on the day before the date 
of enactment of this Act as U.S. Immigration and Customs Enforcement 
shall, on and after the date of the transfer under section 2(a), be 
referred to as U.S. Immigration Compliance Enforcement.
    (b) Director.--There shall be at the head of U.S. Immigration 
Compliance Enforcement a Director of U.S. Immigration Compliance 
Enforcement who shall be appointed by the President, by and with the 
advice and consent of the Senate.
    (c) References.--
            (1) U.S. immigration compliance enforcement.--Any reference 
        in any other Federal law, Executive order, rule, regulation, or 
        delegation of authority, or any document of or pertaining to 
        U.S. Immigration and Customs Enforcement is deemed to refer to 
        U.S. Immigration Compliance Enforcement.
            (2) Functions.--Any reference in any Federal law, Executive 
        order, rule, regulation, or delegation of authority, or any 
        document of or pertaining to a department or office from which 
        a function is transferred by this Act--
                    (A) to the head of such department or office is 
                deemed to refer to the head of the department or office 
                to which such function is transferred; or
                    (B) to such department or office is deemed to refer 
                to the department or office to which such function is 
                transferred.

SEC. 4. EXERCISE OF AUTHORITIES.

    Except as otherwise provided by law, a Federal official to whom a 
function is transferred by this Act may, for purposes of performing the 
function, exercise all authorities under any other provision of law 
that were available with respect to the performance of that function to 
the official responsible for the performance of the function 
immediately before the effective date of the transfer of the function 
under this Act, including authority granted by another law enforcement 
agency to Homeland Security Investigations in accordance with a formal 
designation, such as a memorandum of understanding.

SEC. 5. SAVINGS PROVISIONS.

    (a) Legal Documents.--All orders, determinations, rules, 
regulations, permits, grants, loans, contracts, agreements, memoranda 
of understanding, certificates, licenses, and privileges--
            (1) that have been issued, made, granted, or allowed to 
        become effective by the President, the Secretary of Homeland 
        Security, any officer or employee of any office transferred by 
        this Act, or any other Government official, or by a court of 
        competent jurisdiction, in the performance of any function that 
        is transferred by this Act, and
            (2) that are in effect on the effective date of such 
        transfer (or become effective after such date pursuant to their 
        terms as in effect on such effective date),
shall continue in effect according to their terms until modified, 
terminated, superseded, set aside, or revoked in accordance with law by 
the President, any other authorized official, a court of competent 
jurisdiction, operation of law, or cessation of agreement.
    (b) Proceedings.--This Act shall not affect any proceedings or any 
application for any benefits, service, license, permit, certificate, or 
financial assistance pending on the date of the enactment of this Act 
before an office transferred by this Act, but such proceedings and 
applications shall be continued. Orders shall be issued in such 
proceedings, appeals shall be taken therefrom, and payments shall be 
made pursuant to such orders, as if this Act had not been enacted, and 
orders issued in any such proceeding shall continue in effect until 
modified, terminated, superseded, or revoked by a duly authorized 
official, by a court of competent jurisdiction, or by operation of law. 
Nothing in this subsection shall be considered to prohibit the 
discontinuance or modification of any such proceeding under the same 
terms and conditions and to the same extent that such proceeding could 
have been discontinued or modified if this Act had not been enacted.
    (c) Suits.--This Act shall not affect suits commenced before the 
date of the enactment of this Act, and in all such suits, proceeding 
shall be had, appeals taken, and judgments rendered in the same manner 
and with the same effect as if this Act had not been enacted.
    (d) Nonabatement of Actions.--No suit, action, or other proceeding 
commenced by or against the Department of Homeland Security or the 
Secretary of Homeland Security, or by or against any individual in the 
official capacity of such individual as an officer or employee of an 
office transferred by this Act, shall abate by reason of the enactment 
of this Act.
    (e) Continuance of Suits.--If any Government officer in the 
official capacity of such officer is party to a suit with respect to a 
function of the officer, and under this Act such function is 
transferred to any other officer or office, then such suit shall be 
continued with the other officer or the head of such other office, as 
applicable, substituted or added as a party.
    (f) Administrative Procedure and Judicial Review.--Except as 
otherwise provided by this Act, any statutory requirements relating to 
notice, hearings, action upon the record, or administrative or judicial 
review that apply to any function transferred by this Act shall apply 
to the exercise of such function by the head of the Federal agency, and 
other officers of the agency, to which such function is transferred by 
this Act.

SEC. 6. TRANSFER OF ASSETS.

    Except as otherwise provided in this Act, so much of the personnel, 
property, records, and unexpended balances of appropriations, 
allocations, and other funds employed, used, held, available, or to be 
made available in connection with a function transferred to an official 
or agency by this Act shall be available to the official or the head of 
that agency, respectively, at such time or times as the Director of the 
Office of Management and Budget directs for use in connection with the 
functions transferred.

SEC. 7. DELEGATION AND ASSIGNMENT.

    Except as otherwise expressly prohibited by law or otherwise 
provided in this Act, an official to whom functions are transferred 
under this Act (including the head of any office to which functions are 
transferred under this Act) may delegate any of the functions so 
transferred to such officers and employees of the office of the 
official as the official may designate, and may authorize successive 
redelegations of such functions as may be necessary or appropriate. No 
delegation of functions under this section or under any other provision 
of this Act shall relieve the official to whom a function is 
transferred under this Act of responsibility for the administration of 
the function.

SEC. 8. AUTHORITY OF DIRECTOR OF THE OFFICE OF MANAGEMENT AND BUDGET 
              WITH RESPECT TO FUNCTIONS TRANSFERRED.

    (a) Determinations.--If necessary, the Director shall make any 
determination of the functions that are transferred under this Act.
    (b) Incidental Transfers.--The Director, at such time or times as 
the Director shall provide, may make such determinations as may be 
necessary with regard to the functions transferred by this Act, and to 
make such additional incidental dispositions of personnel, assets, 
liabilities, grants, contracts, property, records, and unexpended 
balances of appropriations, authorizations, allocations, and other 
funds held, used, arising from, available to, or to be made available 
in connection with such functions, as may be necessary to carry out the 
provisions of this Act. The Director shall provide for the termination 
of the affairs of all entities terminated by this Act and for such 
further measures and dispositions as may be necessary to effectuate the 
purposes of this Act.

SEC. 9. CERTAIN VESTING OF FUNCTIONS CONSIDERED TRANSFERS.

    For purposes of this Act, the vesting of a function in a department 
or office pursuant to reestablishment of an office shall be considered 
to be the transfer of the function.

SEC. 10. AVAILABILITY OF EXISTING FUNDS.

    Existing appropriations and funds available for the performance of 
functions, programs, and activities terminated pursuant to this Act 
shall remain available, for the duration of their period of 
availability, for necessary expenses in connection with the termination 
and resolution of such functions, programs, and activities.

SEC. 11. DEFINITIONS.

    For purposes of this Act--
            (1) the term ``function'' includes any duty, obligation, 
        power, authority, responsibility, right, privilege, activity, 
        or program; and
            (2) the term ``office'' includes any office, 
        administration, agency, bureau, institute, council, unit, 
        organizational entity, or component thereof.
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