SEC. 2. TRANSFER OF HOMELAND SECURITY INVESTIGA-
TIONS FROM U.S. IMMIGRATION AND CUS-
TOMS 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 Home-
land Security Investigations a Director of Homeland Secu-
rity Investigations. The Director shall be appointed by the 
President, by and with the advice and consent of the Sen-
ate. 
(c) LEGAL ADVISOR.— 
(1) IN GENERAL.—There shall be a Chief Coun-
sel to the Director of Homeland Security Investiga-
tions who shall provide specialized legal advice and 
any other assistance to the Director with respect to 
legal matters affecting Homeland Security Investiga-
tions. 
(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 
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of Homeland Security Investigations pursuant to the 
transfer under subsection (a). 
(d) FUNCTIONS.—The functions of Homeland Secu-
rity 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 inves-
tigative 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 inter-
national threat landscape; 
(2) include policies and reporting requirements 
related to the use of surveillance technologies; and 
(3) include policies related to protecting sen-
sitive information and ongoing investigations. 
(f) REVIEW.—Not later than 2 years after the date 
of enactment of this Act, the Secretary of Homeland Secu-
rity and the Attorney General shall conduct a joint review 
of the investigative guidelines developed pursuant to sub-
section (e) and the role of Homeland Security Investiga-
tions relative to other Federal law enforcement agencies, 
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and enter into a memorandum of agreement on the role 
of Homeland Security Investigations to evaluate overlap 
particularly in the areas of transnational criminal inves-
tigation, 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 Com-
mittee on Homeland Security of the House of Representa-
tives and the Committee on Homeland Security and Gov-
ernmental 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. Immigra-
tion 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 ap-
pointed by the President, by and with the advice and con-
sent of the Senate. 
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(c) REFERENCES.— 
(1) U.S. IMMIGRATION COMPLIANCE ENFORCE-
MENT.—Any reference in any other Federal law, Ex-
ecutive order, rule, regulation, or delegation of au-
thority, 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 trans-
ferred by this Act— 
(A) to the head of such department or of-
fice is deemed to refer to the head of the de-
partment 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 offi-
cial to whom a function is transferred by this Act may, 
for purposes of performing the function, exercise all au-
thorities under any other provision of law that were avail-
able with respect to the performance of that function to 
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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 In-
vestigations 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, agree-
ments, memoranda of understanding, certificates, licenses, 
and privileges— 
(1) that have been issued, made, granted, or al-
lowed to become effective by the President, the Sec-
retary of Homeland Security, any officer or em-
ployee of any office transferred by this Act, or any 
other Government official, or by a court of com-
petent jurisdiction, in the performance of any func-
tion 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 author-
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ized 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 applica-
tions shall be continued. Orders shall be issued in such 
proceedings, appeals shall be taken therefrom, and pay-
ments 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, termi-
nated, 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 pro-
hibit the discontinuance or modification of any such pro-
ceeding under the same terms and conditions and to the 
same extent that such proceeding could have been discon-
tinued or modified if this Act had not been enacted. 
(c) SUITS.—This Act shall not affect suits com-
menced 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. 
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(d) NONABATEMENT OF ACTIONS.—No suit, action, 
or other proceeding commenced by or against the Depart-
ment 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 of-
ficer 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, sub-
stituted or added as a party. 
(f) ADMINISTRATIVE PROCEDURE AND JUDICIAL RE-
VIEW.—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 bal-
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ances of appropriations, allocations, and other funds em-
ployed, 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 trans-
ferred. 
SEC. 7. DELEGATION AND ASSIGNMENT. 
Except as otherwise expressly prohibited by law or 
otherwise provided in this Act, an official to whom func-
tions 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 ap-
propriate. 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. 
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SEC. 8. AUTHORITY OF DIRECTOR OF THE OFFICE OF MAN-
AGEMENT 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, li-
abilities, grants, contracts, property, records, and unex-
pended balances of appropriations, authorizations, alloca-
tions, and other funds held, used, arising from, available 
to, or to be made available in connection with such func-
tions, 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 nec-
essary 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 func-
tion. 
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SEC. 10. AVAILABILITY OF EXISTING FUNDS. 
Existing appropriations and funds available for the 
performance of functions, programs, and activities termi-
nated pursuant to this Act shall remain available, for the 
duration of their period of availability, for necessary ex-
penses 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, obli-
gation, power, authority, responsibility, right, privi-
lege, activity, or program; and 
(2) the term ‘‘office’’ includes any office, ad-
ministration, agency, bureau, institute, council, unit, 
organizational entity, or component thereof. 
Æ 
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