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