[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4264 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 4264

 To establish the Bureau of Enforcement and Border Affairs within the 
                         Department of Justice.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 17, 1998

  Mr. Rogers introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To establish the Bureau of Enforcement and Border Affairs within the 
                         Department of Justice.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. ESTABLISHMENT OF BUREAU OF ENFORCEMENT AND BORDER AFFAIRS.

    (a) Establishment of Bureau.--
            (1) In general.--There is established in the Department of 
        Justice a bureau to be known as the Bureau of Enforcement and 
        Border Affairs (in this section referred to as the ``Bureau'').
            (2) Director.--The head of the Bureau shall be the Director 
        of the Bureau of Enforcement and Border Affairs who--
                    (A) shall be appointed by the President, by and 
                with the advice and consent of the Senate; and
                    (B) shall report directly to the Attorney General.
            (3) Compensation.--The Director shall be paid at the rate 
        of basic pay payable for level III of the Executive Schedule.
            (4) Functions.--The Director shall perform such functions 
        as are transferred to the Director by this section or otherwise 
        vested in the Director by law.
    (c) Transfer of Functions.--There are transferred from the 
Commissioner of the Immigration and Naturalization Service to the 
Director all functions performed under the following programs, and all 
personnel, infrastructure, and funding provided to the Commissioner in 
support of such programs immediately before the effective date of this 
section:
            (1) The Border Patrol program.
            (2) The detention and deportation program.
            (3) The intelligence program.
            (4) The investigations program.
            (5) The inspections program.
    (d) References.--With respect to any function transferred by this 
section and exercised on or after the effective date of this section, 
reference in any other Federal law, Executive order, rule, regulation, 
or delegation of authority, or any document of or pertaining to an 
office from which a function is transferred by this section--
            (1) to the head of such office is deemed to refer to the 
        Director of the Bureau of Enforcement and Border Affairs; or
            (2) to such office is deemed to refer to the Bureau.
    (e) Exercise of Authorities.--Except as otherwise provided by law, 
a Federal official to whom a function is transferred by this section 
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 section.
    (f) Savings Provisions.--
            (1) Legal documents.--All orders, determinations, rules, 
        regulations, permits, grants, loans, contracts, agreements, 
        certificates, licenses, and privileges--
                    (A) that have been issued, made, granted, or 
                allowed to become effective by the President, the 
                Attorney General, the Commissioner of the Immigration 
                and Naturalization Service, the Assistant Commissioner 
                for Border Patrol, the Assistant Commissioner for 
                Detention and Deportation, the Assistant Commissioner 
                for Intelligence, the Assistant Commissioner for 
                Investigations, or any other Government official, or by 
                a court of competent jurisdiction, in the performance 
                of any function that is transferred by this section; 
                and
                    (B) 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, or operation of 
        law.
            (2) Proceedings.--This section shall not affect any 
        proceedings or any application for any benefits, service, 
        license, permit, certificate, or financial assistance pending 
        on the effective date of this section before an office whose 
        functions are transferred by this section, 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 
        section 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 
        section had not been enacted.
            (3) Suits.--This section shall not affect suits commenced 
        before the effective date of this section, 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 
        section had not been enacted.
            (4) Nonabatement of actions.--No suit, action, or other 
        proceeding commenced by or against the Department of Justice or 
        the Immigration and Naturalization Service, or by or against 
        any individual in the official capacity of such individual as 
        an officer or employee in connection with a function 
        transferred by this section, shall abate by reason of the 
        enactment of this section.
            (5) 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 section 
        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.
            (6) Administrative procedure and judicial review.--Except 
        as otherwise provided by this section, any statutory 
        requirements relating to notice, hearings, action upon the 
        record, or administrative or judicial review that apply to any 
        function transferred by this section shall apply to the 
        exercise of such function by the head of the office, and other 
        officers of the office, to which such function is transferred 
        by this section.
    (g) Transfer and Allocation of Appropriations and Personnel.--
            (1) In general.--The personnel of the Department of Justice 
        employed in connection with the functions transferred by this 
        section (and functions that the Attorney General determines are 
        properly related to the functions of the Bureau and would, if 
        so transferred, further the purposes of the Bureau), and the 
        assets, liabilities, contracts, property, records, and 
        unexpended balance of appropriations, authorizations, 
        allocations, and other funds employed, held, used, arising 
        from, available to, or to be made available to the Immigration 
        and Naturalization Service in connection with the functions 
        transferred by this section, subject to section 202 of the 
        Budget and Accounting Procedures Act of 1950, shall be 
        transferred to the Bureau for appropriate allocation by the 
        Director. Unexpended funds transferred pursuant to this 
        paragraph shall be used only for the purposes for which the 
        funds were originally authorized and appropriated. The Attorney 
        General shall retain the right to adjust or realign transfers 
        effected under this section for a period of 2 years after the 
        date of the establishment of the Bureau.
            (2) Effect on personnel.--
                    (A) In general.--The transfer under this section of 
                full-time personnel (except special Government 
                employees) and part-time personnel holding permanent 
                positions shall not cause any such employee to be 
                separated or reduced in grade or compensation for 1 
                year after the date of transfer to the Bureau.
                    (B) Executive schedule.--Any person who, on the day 
                preceding the effective date of this section, held a 
                position compensated in accordance with the Executive 
                Schedule prescribed in chapter 53 of title 5, United 
                States Code, and who, without a break in service, is 
                appointed in the Bureau of Enforcement and Border 
                Affairs to a position having duties comparable to the 
                duties performed immediately preceding such appointment 
                shall continue to be compensated in such new position 
                at not less than the rate provided for such previous 
                position, for the duration of the service of such 
                person in such new position.
    (h) Delegation and Assignment.--Except as otherwise expressly 
prohibited by law or otherwise provided in this section, the Director 
of the Bureau of Enforcement and Border Affairs to whom functions are 
transferred under this section may delegate any of the functions so 
transferred to such officers and employees of the Bureau as the 
Director may designate, and may authorize successive redelegations of 
such functions as may be necessary or appropriate. No delegation of 
functions under this subsection or under any other provision of this 
section shall relieve the official to whom a function is transferred 
under this section of responsibility for the administration of the 
function.
    (i) Authorities of Attorney General.--
            (1) Determinations.--If necessary, the Attorney General 
        shall make any determination of the functions that are 
        transferred under this section.
            (2) Incidental transfers.--The Attorney General, at such 
        time or times as the Attorney General shall provide, may make 
        such determinations as may be necessary with regard to the 
        functions transferred by this section, 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 section. The Attorney General shall provide for such 
        further measures and dispositions as may be necessary to 
        effectuate the purposes of this section.
            (3) Authority with respect to funds.--Notwithstanding any 
        other provision of law, the Attorney General may control 
        retention and disbursement of funds transferred under this 
        section.
            (4) Treatment of shared resources.--The Attorney General is 
        authorized to provide for an appropriate allocation, or 
        coordination, or both, of resources involved in supporting 
        shared support functions for the Bureau and the Immigration and 
        Naturalization Service other offices within the Department of 
        Justice. Such shared support functions may include information 
        resources management, human resources and training, security, 
        records and forms management, equal opportunity activities, 
        facilities and procurement administration, and budgeting. The 
        Attorney General shall maintain oversight and control over the 
        shared computer databases and systems and records management.
    (j) Definitions.--For purposes of this section:
            (1) The term ``Director'' means the Director of the Bureau 
        of Enforcement and Border Affairs.
            (2) The term ``function'' includes any duty, obligation, 
        power, authority, responsibility, right, privilege, activity, 
        or program.
            (3) The term ``office'' includes any office, 
        administration, agency, bureau, institute, council, unit, 
        organizational entity, or component thereof.
    (k) Effective Date; Transition.--The transfer of functions under 
this section shall take effect on the date that is 180 days after the 
date of the enactment of this Act. The Bureau of Enforcement and Border 
Affairs shall be established, and the Director of the Bureau of 
Enforcement and Border Affairs shall be appointed, not later than such 
effective date. During fiscal year 1999, the Attorney General shall 
provide for an appropriate accounting of funds and an appropriate 
transfer of funds appropriated to the Bureau of Enforcement and Border 
Affairs to the Immigration and Naturalization Service to the extent 
functions to be transferred to the Bureau under this section continue 
to be performed by such Service.
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