,i #aaith ,,congress #ast ,session ,h4 ,r4 #fgc ,,in ,,the ,,house ,,of ,,representatives ,january #bc1 #bjbe,mr4 ,garcia of ,california introduced the following bill2 which was referred to the ,committee on ,homeland ,security1 and in addition to the ,committees on the ,judiciary1 and ,ways and ,means1 for a period to be subsequently determined by the ,speaker1 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 ,u4,s4 ,immigration and ,customs ,enforcement1 redesignate ,u4,s4 ,immigration and ,customs ,enforcement as ,u4,s4 ,immigration ,compliance ,enforcement1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,,ice ,security ,reform ,act of #bjbe4 #b4 ,transfer of ,homeland ,security ,investigations from ,u4,s4 ,immigration and ,customs ,enforcement 7a7 ,transfer ,not later than #b years after the date of enactment of this ,act1 the ,secretary of ,homeland ,security shall transfer ,homeland ,security ,investigations from ,u4,s4 ,immigration and ,customs ,enforcement to exist as a separate entity within the ,department of ,homeland ,security4 7b7 ,director ,there shall be at the head of ,homeland ,security ,investigations a ,director of ,homeland ,security ,investigations4 ,the ,director shall be appointed by the ,president1 by and with the advice and consent of the ,senate4 7c7 ,legal advisor 7#a7 ,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 ,investigations4 7#b7 ,clarification ,the legal advisor under section #ddb7;c7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #beb7;c77 shall retain responsibility for any legal matters that are not under the authority of ,homeland ,security ,investigations pursuant to the transfer under subsection 7a74 7d7 ,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 ,act4 7e7 ,guidelines ,not later than #b years after the date of enactment of this ,act1 the ,secretary of ,homeland ,security1 in consultation with the ,attorney ,general1 shall develop1 issue1 and make publicly available1 updated investigative guidelines for the law enforcement activities of ,homeland ,security ,investigations1 which shall-- 7#a7 be consistent with national policy priorities1 departmental priorities1 and the domestic and international threat landscape2 7#b7 include policies and reporting requirements related to the use of surveillance technologies2 and 7#c7 include policies related to protecting sensitive information and ongoing investigations4 7f7 ,review ,not later than #b years after the date of enactment of this ,act1 the ,secretary of ,homeland ,security and the ,attorney ,general shall conduct a joint review of the investigative guidelines developed pursuant to subsection 7e7 and the role of ,homeland ,security ,investigations relative to other ,federal law enforcement agencies1 and enter into a memorandum of agreement on the role of ,homeland ,security ,investigations to evaluate overlap particularly in the areas of transnational criminal investigation1 intellectual property1 human trafficking1 online child sexual exploitation1 narcotics1 and financial crime4 7g7 ,report ,not later than #ahj days after the date of enactment of this ,act1 and every #ahj days thereafter until the transfer under subsection 7a7 is complete1 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 transfer4 #c4 ,redesignation relating to ,u4,s4 ,immigration ,compliance and ,enforcement 7a7 ,in general ,the entity referred to on the day before the date of enactment of this ,act as ,u4,s4 ,immigration and ,customs ,enforcement shall1 on and after the date of the transfer under section #b7;a71 be referred to as ,u4,s4 ,immigration ,compliance ,enforcement4 7b7 ,director ,there shall be at the head of ,u4,s4 ,immigration ,compliance ,enforcement a ,director of ,u4,s4 ,immigration ,compliance ,enforcement who shall be appointed by the ,president1 by and with the advice and consent of the ,senate4 7c7 ,references 7#a7 ,u4,s4 ,immigration ,compliance ,enforcement ,any reference in any other ,federal law1 ,executive order1 rule1 regulation1 or delegation of authority1 or any document of or pertaining to ,u4,s4 ,immigration and ,customs ,enforcement is deemed to refer to ,u4,s4 ,immigration ,compliance ,enforcement4 7#b7 ,functions ,any reference in any ,federal law1 ,executive order1 rule1 regulation1 or delegation of authority1 or any document of or pertaining to a department or office from which a function is transferred by this ,act-- 7,a7 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 transferred2 or 7,b7 to such department or office is deemed to refer to the department or office to which such function is transferred4 #d4 ,exercise of authorities ,except as otherwise provided by law1 a ,federal official to whom a function is transferred by this ,act may1 for purposes of performing the function1 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 ,act1 including authority granted by another law enforcement agency to ,homeland ,security ,investigations in accordance with a formal designation1 such as a memorandum of understanding4 #e4 ,savings provisions 7a7 ,legal ,documents ,all orders1 determinations1 rules1 regulations1 permits1 grants1 loans1 contracts1 agreements1 memoranda of understanding1 certificates1 licenses1 and privileges-- 7#a7 that have been issued1 made1 granted1 or allowed to become effective by the ,president1 the ,secretary of ,homeland ,security1 any officer or employee of any office transferred by this ,act1 or any other ,government official1 or by a court of competent jurisdiction1 in the performance of any function that is transferred by this ,act1 and 7#b7 that are in effect on the effective date of such transfer 7or become effective after such date pursuant to their terms as in effect on such effective date71 shall continue in effect according to their terms until modified1 terminated1 superseded1 set aside1 or revoked in accordance with law by the ,president1 any other authorized official1 a court of competent jurisdiction1 operation of law1 or cessation of agreement4 7b7 ,proceedings ,this ,act shall not affect any proceedings or any application for any benefits1 service1 license1 permit1 certificate1 or financial assistance pending on the date of the enactment of this ,act before an office transferred by this ,act1 but such proceedings and applications shall be continued4 ,orders shall be issued in such proceedings1 appeals shall be taken therefrom1 and payments shall be made pursuant to such orders1 as if this ,act had not been enacted1 and orders issued in any such proceeding shall continue in effect until modified1 terminated1 superseded1 or revoked by a duly authorized official1 by a court of competent jurisdiction1 or by operation of law4 ,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 enacted4 7c7 ,suits ,this ,act shall not affect suits commenced before the date of the enactment of this ,act1 and in all such suits1 proceeding shall be had1 appeals taken1 and judgments rendered in the same manner and with the same effect as if this ,act had not been enacted4 7d7 ,nonabatement of ,actions ,no suit1 action1 or other proceeding commenced by or against the ,department of ,homeland ,security or the ,secretary of ,homeland ,security1 or by or against any individual in the official capacity of such individual as an officer or employee of an office transferred by this ,act1 shall abate by reason of the enactment of this ,act4 7e7 ,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 officer1 and under this ,act such function is transferred to any other officer or office1 then such suit shall be continued with the other officer or the head of such other office1 as applicable1 substituted or added as a party4 7f7 ,administrative ,procedure and ,judicial ,review ,except as otherwise provided by this ,act1 any statutory requirements relating to notice1 hearings1 action upon the record1 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 agency1 and other officers of the agency1 to which such function is transferred by this ,act4 #f4 ,transfer of assets ,except as otherwise provided in this ,act1 so much of the personnel1 property1 records1 and unexpended balances of appropriations1 allocations1 and other funds employed1 used1 held1 available1 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 agency1 respectively1 at such time or times as the ,director of the ,office of ,management and ,budget directs for use in connection with the functions transferred4 #g4 ,delegation and assignment ,except as otherwise expressly prohibited by law or otherwise provided in this ,act1 an official to whom functions are transferred under this ,act 7including the head of any office to which functions are transferred under this ,act7 may delegate any of the functions so transferred to such officers and employees of the office of the official as the official may designate1 and may authorize successive redelegations of such functions as may be necessary or appropriate4 ,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 function4 #h4 ,authority of ,director of the ,office of ,management and ,budget with respect to functions transferred 7a7 ,determinations ,if necessary1 the ,director shall make any determination of the functions that are transferred under this ,act4 7b7 ,incidental ,transfers ,the ,director1 at such time or times as the ,director shall provide1 may make such determinations as may be necessary with regard to the functions transferred by this ,act1 and to make such additional incidental dispositions of personnel1 assets1 liabilities1 grants1 contracts1 property1 records1 and unexpended balances of appropriations1 authorizations1 allocations1 and other funds held1 used1 arising from1 available to1 or to be made available in connection with such functions1 as may be necessary to carry out the provisions of this ,act4 ,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 ,act4 #i4 ,certain vesting of functions considered transfers ,for purposes of this ,act1 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 function4 #aj4 ,availability of existing funds ,existing appropriations and funds available for the performance of functions1 programs1 and activities terminated pursuant to this ,act shall remain available1 for the duration of their period of availability1 for necessary expenses in connection with the termination and resolution of such functions1 programs1 and activities4 #aa4 ,definitions ,for purposes of this ,act-- 7#a7 the term function includes any duty1 obligation1 power1 authority1 responsibility1 right1 privilege1 activity1 or program2 and 7#b7 the term office includes any office1 administration1 agency1 bureau1 institute1 council1 unit1 organizational entity1 or component thereof4