I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘ICE Security Reform 

5 Act of 2024’’. 


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1 SEC. 2. TRANSFER OF HOMELAND SECURITY INVESTIGA2 TIONS FROM U.S. IMMIGRATION AND CUS3 TOMS ENFORCEMENT. 

4 (a) TRANSFER.—Not later than 2 years after the 

5 date of enactment of this Act, the Secretary of Homeland 

6 Security shall transfer Homeland Security Investigations 

7 from U.S. Immigration and Customs Enforcement to exist 

8 as a separate entity within the Department of Homeland 

9 Security. 

10 (b) DIRECTOR.—There shall be at the head of Home11 land Security Investigations a Director of Homeland Secu12 rity Investigations. The Director shall be appointed by the 

13 President, by and with the advice and consent of the Sen14 ate. 

15 (c) LEGAL ADVISOR.— 

16 (1) IN GENERAL.—There shall be a Chief Coun17 sel to the Director of Homeland Security Investiga18 tions who shall provide specialized legal advice and 

19 any other assistance to the Director with respect to 

20 legal matters affecting Homeland Security Investiga21 tions. 

22 (2) CLARIFICATION.—The legal advisor under 

23 section 442(c) of the Homeland Security Act of 

24 2002 (6 U.S.C. 252(c)) shall retain responsibility for 

25 any legal matters that are not under the authority 


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1 of Homeland Security Investigations pursuant to the 

2 transfer under subsection (a). 

3 (d) FUNCTIONS.—The functions of Homeland Secu4 rity Investigations shall be the same as the functions of 

5 such office on the day before the date of enactment of 

6 this Act. 

7 (e) GUIDELINES.—Not later than 2 years after the 

8 date of enactment of this Act, the Secretary of Homeland 

9 Security, in consultation with the Attorney General, shall 

10 develop, issue, and make publicly available, updated inves11 tigative guidelines for the law enforcement activities of 

12 Homeland Security Investigations, which shall— 

13 (1) be consistent with national policy priorities, 

14 departmental priorities, and the domestic and inter15 national threat landscape; 

16 (2) include policies and reporting requirements 

17 related to the use of surveillance technologies; and 

18 (3) include policies related to protecting sen19 sitive information and ongoing investigations. 

20 (f) REVIEW.—Not later than 2 years after the date 

21 of enactment of this Act, the Secretary of Homeland Secu22 rity and the Attorney General shall conduct a joint review 

23 of the investigative guidelines developed pursuant to sub24 section (e) and the role of Homeland Security Investiga25 tions relative to other Federal law enforcement agencies, 


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1 and enter into a memorandum of agreement on the role 

2 of Homeland Security Investigations to evaluate overlap 

3 particularly in the areas of transnational criminal inves4 tigation, intellectual property, human trafficking, online 

5 child sexual exploitation, narcotics, and financial crime. 

6 (g) REPORT.—Not later than 180 days after the date 

7 of enactment of this Act, and every 180 days thereafter 

8 until the transfer under subsection (a) is complete, the 

9 Secretary of Homeland Security shall submit to the Com10 mittee on Homeland Security of the House of Representa11 tives and the Committee on Homeland Security and Gov12 ernmental Affairs of the Senate a report on the progress 

13 made with respect to such transfer. 

14 SEC. 3. REDESIGNATION RELATING TO U.S. IMMIGRATION 

15 COMPLIANCE AND ENFORCEMENT. 

16 (a) IN GENERAL.—The entity referred to on the day 

17 before the date of enactment of this Act as U.S. Immigra18 tion and Customs Enforcement shall, on and after the 

19 date of the transfer under section 2(a), be referred to as 

20 U.S. Immigration Compliance Enforcement. 

21 (b) DIRECTOR.—There shall be at the head of U.S. 

22 Immigration Compliance Enforcement a Director of U.S. 

23 Immigration Compliance Enforcement who shall be ap24 pointed by the President, by and with the advice and con25 sent of the Senate. 


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1 (c) REFERENCES.— 

2 (1) U.S. IMMIGRATION COMPLIANCE ENFORCE3 MENT.—Any reference in any other Federal law, Ex4 ecutive order, rule, regulation, or delegation of au5 thority, or any document of or pertaining to U.S. 

6 Immigration and Customs Enforcement is deemed to 

7 refer to U.S. Immigration Compliance Enforcement. 

8 (2) FUNCTIONS.—Any reference in any Federal 

9 law, Executive order, rule, regulation, or delegation 

10 of authority, or any document of or pertaining to a 

11 department or office from which a function is trans12 ferred by this Act— 

13 (A) to the head of such department or of14 fice is deemed to refer to the head of the de15 partment or office to which such function is 

16 transferred; or 

17 (B) to such department or office is deemed 

18 to refer to the department or office to which 

19 such function is transferred. 

20 SEC. 4. EXERCISE OF AUTHORITIES. 

21 Except as otherwise provided by law, a Federal offi22 cial to whom a function is transferred by this Act may, 

23 for purposes of performing the function, exercise all au24 thorities under any other provision of law that were avail25 able with respect to the performance of that function to 


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1 the official responsible for the performance of the function 

2 immediately before the effective date of the transfer of the 

3 function under this Act, including authority granted by 

4 another law enforcement agency to Homeland Security In5 vestigations in accordance with a formal designation, such 

6 as a memorandum of understanding. 

7 SEC. 5. SAVINGS PROVISIONS. 

8 (a) LEGAL DOCUMENTS.—All orders, determinations, 

9 rules, regulations, permits, grants, loans, contracts, agree10 ments, memoranda of understanding, certificates, licenses, 

11 and privileges— 

12 (1) that have been issued, made, granted, or al13 lowed to become effective by the President, the Sec14 retary of Homeland Security, any officer or em15 ployee of any office transferred by this Act, or any 

16 other Government official, or by a court of com17 petent jurisdiction, in the performance of any func18 tion that is transferred by this Act, and 

19 (2) that are in effect on the effective date of 

20 such transfer (or become effective after such date 

21 pursuant to their terms as in effect on such effective 

22 date), 

23 shall continue in effect according to their terms until 

24 modified, terminated, superseded, set aside, or revoked in 

25 accordance with law by the President, any other authorVerDate Sep 11 2014 01:39 Oct 22, 2024 Jkt 059200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H9896.IH H9896

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1 ized official, a court of competent jurisdiction, operation 

2 of law, or cessation of agreement. 

3 (b) PROCEEDINGS.—This Act shall not affect any 

4 proceedings or any application for any benefits, service, 

5 license, permit, certificate, or financial assistance pending 

6 on the date of the enactment of this Act before an office 

7 transferred by this Act, but such proceedings and applica8 tions shall be continued. Orders shall be issued in such 

9 proceedings, appeals shall be taken therefrom, and pay10 ments shall be made pursuant to such orders, as if this 

11 Act had not been enacted, and orders issued in any such 

12 proceeding shall continue in effect until modified, termi13 nated, superseded, or revoked by a duly authorized official, 

14 by a court of competent jurisdiction, or by operation of 

15 law. Nothing in this subsection shall be considered to pro16 hibit the discontinuance or modification of any such pro17 ceeding under the same terms and conditions and to the 

18 same extent that such proceeding could have been discon19 tinued or modified if this Act had not been enacted. 

20 (c) SUITS.—This Act shall not affect suits com21 menced before the date of the enactment of this Act, and 

22 in all such suits, proceeding shall be had, appeals taken, 

23 and judgments rendered in the same manner and with the 

24 same effect as if this Act had not been enacted. 


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1 (d) NONABATEMENT OF ACTIONS.—No suit, action, 

2 or other proceeding commenced by or against the Depart3 ment of Homeland Security or the Secretary of Homeland 

4 Security, or by or against any individual in the official 

5 capacity of such individual as an officer or employee of 

6 an office transferred by this Act, shall abate by reason 

7 of the enactment of this Act. 

8 (e) CONTINUANCE OF SUITS.—If any Government of9 ficer in the official capacity of such officer is party to a 

10 suit with respect to a function of the officer, and under 

11 this Act such function is transferred to any other officer 

12 or office, then such suit shall be continued with the other 

13 officer or the head of such other office, as applicable, sub14 stituted or added as a party. 

15 (f) ADMINISTRATIVE PROCEDURE AND JUDICIAL RE16 VIEW.—Except as otherwise provided by this Act, any 

17 statutory requirements relating to notice, hearings, action 

18 upon the record, or administrative or judicial review that 

19 apply to any function transferred by this Act shall apply 

20 to the exercise of such function by the head of the Federal 

21 agency, and other officers of the agency, to which such 

22 function is transferred by this Act. 

23 SEC. 6. TRANSFER OF ASSETS. 

24 Except as otherwise provided in this Act, so much 

25 of the personnel, property, records, and unexpended balVerDate Sep 11 2014 01:39 Oct 22, 2024 Jkt 059200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H9896.IH H9896

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1 ances of appropriations, allocations, and other funds em2 ployed, used, held, available, or to be made available in 

3 connection with a function transferred to an official or 

4 agency by this Act shall be available to the official or the 

5 head of that agency, respectively, at such time or times 

6 as the Director of the Office of Management and Budget 

7 directs for use in connection with the functions trans8 ferred. 

9 SEC. 7. DELEGATION AND ASSIGNMENT. 

10 Except as otherwise expressly prohibited by law or 

11 otherwise provided in this Act, an official to whom func12 tions are transferred under this Act (including the head 

13 of any office to which functions are transferred under this 

14 Act) may delegate any of the functions so transferred to 

15 such officers and employees of the office of the official as 

16 the official may designate, and may authorize successive 

17 redelegations of such functions as may be necessary or ap18 propriate. No delegation of functions under this section 

19 or under any other provision of this Act shall relieve the 

20 official to whom a function is transferred under this Act 

21 of responsibility for the administration of the function. 


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1 SEC. 8. AUTHORITY OF DIRECTOR OF THE OFFICE OF MAN2 AGEMENT AND BUDGET WITH RESPECT TO 

3 FUNCTIONS TRANSFERRED. 

4 (a) DETERMINATIONS.—If necessary, the Director 

5 shall make any determination of the functions that are 

6 transferred under this Act. 

7 (b) INCIDENTAL TRANSFERS.—The Director, at such 

8 time or times as the Director shall provide, may make 

9 such determinations as may be necessary with regard to 

10 the functions transferred by this Act, and to make such 

11 additional incidental dispositions of personnel, assets, li12 abilities, grants, contracts, property, records, and unex13 pended balances of appropriations, authorizations, alloca14 tions, and other funds held, used, arising from, available 

15 to, or to be made available in connection with such func16 tions, as may be necessary to carry out the provisions of 

17 this Act. The Director shall provide for the termination 

18 of the affairs of all entities terminated by this Act and 

19 for such further measures and dispositions as may be nec20 essary to effectuate the purposes of this Act. 

21 SEC. 9. CERTAIN VESTING OF FUNCTIONS CONSIDERED 

22 TRANSFERS. 

23 For purposes of this Act, the vesting of a function 

24 in a department or office pursuant to reestablishment of 

25 an office shall be considered to be the transfer of the func26 tion. 


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1 SEC. 10. AVAILABILITY OF EXISTING FUNDS. 

2 Existing appropriations and funds available for the 

3 performance of functions, programs, and activities termi4 nated pursuant to this Act shall remain available, for the 

5 duration of their period of availability, for necessary ex6 penses in connection with the termination and resolution 

7 of such functions, programs, and activities. 

8 SEC. 11. DEFINITIONS. 

9 For purposes of this Act— 

10 (1) the term ‘‘function’’ includes any duty, obli11 gation, power, authority, responsibility, right, privi12 lege, activity, or program; and 

13 (2) the term ‘‘office’’ includes any office, ad14 ministration, agency, bureau, institute, council, unit, 

15 organizational entity, or component thereof. 

Æ 


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