I
119THCONGRESS
1
STSESSION H. R. 673
To transfer Homeland Security Investigations from U.S. Immigration and
Customs Enforcement, redesignate U.S. Immigration and Customs En-
forcement as U.S. Immigration Compliance Enforcement, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY23, 2025
Mr. G
ARCIAof 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 provi-
sions as fall within the jurisdiction of the committee concerned
A BILL
To transfer Homeland Security Investigations from U.S. Im-
migration and Customs Enforcement, redesignate U.S.
Immigration and Customs Enforcement as U.S. Immi-
gration Compliance Enforcement, and for other purposes.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘ICE Security Reform 4
Act of 2025’’. 5
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SEC. 2. TRANSFER OF HOMELAND SECURITY INVESTIGA-1
TIONS FROM U.S. IMMIGRATION AND CUS-2
TOMS ENFORCEMENT. 3
(a) T
RANSFER.—Not later than 2 years after the 4
date of enactment of this Act, the Secretary of Homeland 5
Security shall transfer Homeland Security Investigations 6
from U.S. Immigration and Customs Enforcement to exist 7
as a separate entity within the Department of Homeland 8
Security. 9
(b) D
IRECTOR.—There shall be at the head of Home-10
land Security Investigations a Director of Homeland Secu-11
rity Investigations. The Director shall be appointed by the 12
President, by and with the advice and consent of the Sen-13
ate. 14
(c) L
EGALADVISOR.— 15
(1) I
N GENERAL.—There shall be a Chief Coun-16
sel to the Director of Homeland Security Investiga-17
tions who shall provide specialized legal advice and 18
any other assistance to the Director with respect to 19
legal matters affecting Homeland Security Investiga-20
tions. 21
(2) C
LARIFICATION.—The legal advisor under 22
section 442(c) of the Homeland Security Act of 23
2002 (6 U.S.C. 252(c)) shall retain responsibility for 24
any legal matters that are not under the authority 25
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of Homeland Security Investigations pursuant to the 1
transfer under subsection (a). 2
(d) F
UNCTIONS.—The functions of Homeland Secu-3
rity Investigations shall be the same as the functions of 4
such office on the day before the date of enactment of 5
this Act. 6
(e) G
UIDELINES.—Not later than 2 years after the 7
date of enactment of this Act, the Secretary of Homeland 8
Security, in consultation with the Attorney General, shall 9
develop, issue, and make publicly available, updated inves-10
tigative guidelines for the law enforcement activities of 11
Homeland Security Investigations, which shall— 12
(1) be consistent with national policy priorities, 13
departmental priorities, and the domestic and inter-14
national threat landscape; 15
(2) include policies and reporting requirements 16
related to the use of surveillance technologies; and 17
(3) include policies related to protecting sen-18
sitive information and ongoing investigations. 19
(f) R
EVIEW.—Not later than 2 years after the date 20
of enactment of this Act, the Secretary of Homeland Secu-21
rity and the Attorney General shall conduct a joint review 22
of the investigative guidelines developed pursuant to sub-23
section (e) and the role of Homeland Security Investiga-24
tions relative to other Federal law enforcement agencies, 25
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and enter into a memorandum of agreement on the role 1
of Homeland Security Investigations to evaluate overlap 2
particularly in the areas of transnational criminal inves-3
tigation, intellectual property, human trafficking, online 4
child sexual exploitation, narcotics, and financial crime. 5
(g) R
EPORT.—Not later than 180 days after the date 6
of enactment of this Act, and every 180 days thereafter 7
until the transfer under subsection (a) is complete, the 8
Secretary of Homeland Security shall submit to the Com-9
mittee on Homeland Security of the House of Representa-10
tives and the Committee on Homeland Security and Gov-11
ernmental Affairs of the Senate a report on the progress 12
made with respect to such transfer. 13
SEC. 3. REDESIGNATION RELATING TO U.S. IMMIGRATION 14
COMPLIANCE AND ENFORCEMENT. 15
(a) I
NGENERAL.—The entity referred to on the day 16
before the date of enactment of this Act as U.S. Immigra-17
tion and Customs Enforcement shall, on and after the 18
date of the transfer under section 2(a), be referred to as 19
U.S. Immigration Compliance Enforcement. 20
(b) D
IRECTOR.—There shall be at the head of U.S. 21
Immigration Compliance Enforcement a Director of U.S. 22
Immigration Compliance Enforcement who shall be ap-23
pointed by the President, by and with the advice and con-24
sent of the Senate. 25
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(c) REFERENCES.— 1
(1) U.S.
IMMIGRATION COMPLIANCE ENFORCE -2
MENT.—Any reference in any other Federal law, Ex-3
ecutive order, rule, regulation, or delegation of au-4
thority, or any document of or pertaining to U.S. 5
Immigration and Customs Enforcement is deemed to 6
refer to U.S. Immigration Compliance Enforcement. 7
(2) F
UNCTIONS.—Any reference in any Federal 8
law, Executive order, rule, regulation, or delegation 9
of authority, or any document of or pertaining to a 10
department or office from which a function is trans-11
ferred by this Act— 12
(A) to the head of such department or of-13
fice is deemed to refer to the head of the de-14
partment or office to which such function is 15
transferred; or 16
(B) to such department or office is deemed 17
to refer to the department or office to which 18
such function is transferred. 19
SEC. 4. EXERCISE OF AUTHORITIES. 20
Except as otherwise provided by law, a Federal offi-21
cial to whom a function is transferred by this Act may, 22
for purposes of performing the function, exercise all au-23
thorities under any other provision of law that were avail-24
able with respect to the performance of that function to 25
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the official responsible for the performance of the function 1
immediately before the effective date of the transfer of the 2
function under this Act, including authority granted by 3
another law enforcement agency to Homeland Security In-4
vestigations in accordance with a formal designation, such 5
as a memorandum of understanding. 6
SEC. 5. SAVINGS PROVISIONS. 7
(a) L
EGALDOCUMENTS.—All orders, determinations, 8
rules, regulations, permits, grants, loans, contracts, agree-9
ments, memoranda of understanding, certificates, licenses, 10
and privileges— 11
(1) that have been issued, made, granted, or al-12
lowed to become effective by the President, the Sec-13
retary of Homeland Security, any officer or em-14
ployee of any office transferred by this Act, or any 15
other Government official, or by a court of com-16
petent jurisdiction, in the performance of any func-17
tion that is transferred by this Act, and 18
(2) that are in effect on the effective date of 19
such transfer (or become effective after such date 20
pursuant to their terms as in effect on such effective 21
date), 22
shall continue in effect according to their terms until 23
modified, terminated, superseded, set aside, or revoked in 24
accordance with law by the President, any other author-25
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ized official, a court of competent jurisdiction, operation 1
of law, or cessation of agreement. 2
(b) P
ROCEEDINGS.—This Act shall not affect any 3
proceedings or any application for any benefits, service, 4
license, permit, certificate, or financial assistance pending 5
on the date of the enactment of this Act before an office 6
transferred by this Act, but such proceedings and applica-7
tions shall be continued. Orders shall be issued in such 8
proceedings, appeals shall be taken therefrom, and pay-9
ments shall be made pursuant to such orders, as if this 10
Act had not been enacted, and orders issued in any such 11
proceeding shall continue in effect until modified, termi-12
nated, superseded, or revoked by a duly authorized official, 13
by a court of competent jurisdiction, or by operation of 14
law. Nothing in this subsection shall be considered to pro-15
hibit the discontinuance or modification of any such pro-16
ceeding under the same terms and conditions and to the 17
same extent that such proceeding could have been discon-18
tinued or modified if this Act had not been enacted. 19
(c) S
UITS.—This Act shall not affect suits com-20
menced before the date of the enactment of this Act, and 21
in all such suits, proceeding shall be had, appeals taken, 22
and judgments rendered in the same manner and with the 23
same effect as if this Act had not been enacted. 24
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(d) NONABATEMENT OF ACTIONS.—No suit, action, 1
or other proceeding commenced by or against the Depart-2
ment of Homeland Security or the Secretary of Homeland 3
Security, or by or against any individual in the official 4
capacity of such individual as an officer or employee of 5
an office transferred by this Act, shall abate by reason 6
of the enactment of this Act. 7
(e) C
ONTINUANCE OFSUITS.—If any Government of-8
ficer in the official capacity of such officer is party to a 9
suit with respect to a function of the officer, and under 10
this Act such function is transferred to any other officer 11
or office, then such suit shall be continued with the other 12
officer or the head of such other office, as applicable, sub-13
stituted or added as a party. 14
(f) A
DMINISTRATIVEPROCEDURE AND JUDICIALRE-15
VIEW.—Except as otherwise provided by this Act, any 16
statutory requirements relating to notice, hearings, action 17
upon the record, or administrative or judicial review that 18
apply to any function transferred by this Act shall apply 19
to the exercise of such function by the head of the Federal 20
agency, and other officers of the agency, to which such 21
function is transferred by this Act. 22
SEC. 6. TRANSFER OF ASSETS. 23
Except as otherwise provided in this Act, so much 24
of the personnel, property, records, and unexpended bal-25
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ances of appropriations, allocations, and other funds em-1
ployed, used, held, available, or to be made available in 2
connection with a function transferred to an official or 3
agency by this Act shall be available to the official or the 4
head of that agency, respectively, at such time or times 5
as the Director of the Office of Management and Budget 6
directs for use in connection with the functions trans-7
ferred. 8
SEC. 7. DELEGATION AND ASSIGNMENT. 9
Except as otherwise expressly prohibited by law or 10
otherwise provided in this Act, an official to whom func-11
tions are transferred under this Act (including the head 12
of any office to which functions are transferred under this 13
Act) may delegate any of the functions so transferred to 14
such officers and employees of the office of the official as 15
the official may designate, and may authorize successive 16
redelegations of such functions as may be necessary or ap-17
propriate. No delegation of functions under this section 18
or under any other provision of this Act shall relieve the 19
official to whom a function is transferred under this Act 20
of responsibility for the administration of the function. 21
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SEC. 8. AUTHORITY OF DIRECTOR OF THE OFFICE OF MAN-1
AGEMENT AND BUDGET WITH RESPECT TO 2
FUNCTIONS TRANSFERRED. 3
(a) D
ETERMINATIONS.—If necessary, the Director 4
shall make any determination of the functions that are 5
transferred under this Act. 6
(b) I
NCIDENTALTRANSFERS.—The Director, at such 7
time or times as the Director shall provide, may make 8
such determinations as may be necessary with regard to 9
the functions transferred by this Act, and to make such 10
additional incidental dispositions of personnel, assets, li-11
abilities, grants, contracts, property, records, and unex-12
pended balances of appropriations, authorizations, alloca-13
tions, and other funds held, used, arising from, available 14
to, or to be made available in connection with such func-15
tions, as may be necessary to carry out the provisions of 16
this Act. The Director shall provide for the termination 17
of the affairs of all entities terminated by this Act and 18
for such further measures and dispositions as may be nec-19
essary to effectuate the purposes of this Act. 20
SEC. 9. CERTAIN VESTING OF FUNCTIONS CONSIDERED 21
TRANSFERS. 22
For purposes of this Act, the vesting of a function 23
in a department or office pursuant to reestablishment of 24
an office shall be considered to be the transfer of the func-25
tion. 26
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SEC. 10. AVAILABILITY OF EXISTING FUNDS. 1
Existing appropriations and funds available for the 2
performance of functions, programs, and activities termi-3
nated pursuant to this Act shall remain available, for the 4
duration of their period of availability, for necessary ex-5
penses in connection with the termination and resolution 6
of such functions, programs, and activities. 7
SEC. 11. DEFINITIONS. 8
For purposes of this Act— 9
(1) the term ‘‘function’’ includes any duty, obli-10
gation, power, authority, responsibility, right, privi-11
lege, activity, or program; and 12
(2) the term ‘‘office’’ includes any office, ad-13
ministration, agency, bureau, institute, council, unit, 14
organizational entity, or component thereof. 15
Æ
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