January 23, 2025
Mr. 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
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.
Section 1. Short title
This Act may be cited as the ICE Security Reform Act of 2025
.
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.