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.