. (18) Any essential functions carried out by ICE that do not violate fundamental due process and human rights can be executed with greater transparency, public accountability, and adherence to domestic and international law by other Federal agencies. 3. Establishment of commission to administer transition of functions (a) Establishment Within 30 days of the enactment of this Act, Congress shall establish and convene the Commission to Study and Establish a Fair and Humane System of Immigration and Customs Enforcement (hereinafter in this Act referred to as the Commission ). (b) Duties The Commission shall perform the following duties: (1) Identify all essential functions of ICE that uphold the Constitution and maintain high human rights standards pursuant to the Protocol Relating to the Status of Refugees of 1967 and the International Covenant on Civil and Political Rights and identify the appropriate Federal agencies that shall be tasked with executing activities such as combatting financial crimes, cybercrimes, trade fraud, human trafficking and drug smuggling, as well as a plan to transition any such duties. (2) Determine the most effective means of ensuring that all immigration enforcement functions transferred to other Federal agencies maintain strict compliance to the Constitution, Federal laws, the Protocol Relating to the Status of Refugees of 1967 and the International Covenant on Civil and Political Rights, including article 7’s prohibition of torture and cruel, inhuman or degrading treatment or punishment. (3) Prior to presenting any recommendation for an existing Federal agency to adopt an immigration-enforcement function deemed essential pursuant to paragraph (1), the Commission shall evaluate and approve the agency’s suitability for that function based on such agency’s track record of transparency and compliance with its own directives and policies, as well as Federal laws, statutes, and treaty obligations outlined in paragraph (2)