article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Border Security and Enforcement Act of 1997''. SEC. 2. ESTABLISHMENT OF OFFICE. (a) In General.--There is established in the Department of Justice an office to be known as the Office of Enforcement and Border Affairs. (b) Director.--The head of the Office of Enforcement and Border Affairs shall be the Director of the Office of Enforcement and Border Affairs, who-- (1) shall be appointed by the President, by and with the advice and consent of the Senate; and (2) shall report directly to the Attorney General. (c) Compensation.--The Director shall be paid at the rate of basic pay payable for level III of the Executive Schedule. (d) Functions.--The Director shall perform such functions as are transferred to the Director by this Act or otherwise vested in the Director by law. SEC. 3. 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 Act: (1) The Border Patrol program. (2) The detention and deportation program. (3) The intelligence program. (4) The investigations program. (5) The inspections program. SEC. 4. REFERENCES. With respect to any function transferred by this Act and exercised on or after the effective date of this Act, 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 Act-- (1) to the head of such office is deemed to refer to the head of the office to which such function is transferred; or (2) to such office is deemed to refer to the office to which such function is transferred. SEC. 5. EXERCISE OF AUTHORITIES. Except as otherwise provided by law, a Federal official to whom a function is transferred by this Act 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 Act. SEC. 6. SAVINGS PROVISIONS. (a) Legal Documents.--All orders, determinations, rules, regulations, permits, grants, loans, contracts, agreements, certificates, licenses, and privileges-- (1) 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 Act; and (2) 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. (b) Proceedings.--This Act shall not affect any proceedings or any application for any benefits, service, license, permit, certificate, or financial assistance pending on the date of the enactment of this Act before an office whose functions are transferred by this Act, 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 Act 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 Act had not been enacted. (c) Suits.--This Act shall not affect suits commenced before the date of the enactment of this Act, 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 Act had not been enacted. (d) 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 Act, shall abate by reason of the enactment of this Act. (e) 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 Act 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. (f) Administrative Procedure and Judicial Review.--Except as otherwise provided by this Act, any statutory requirements relating to notice, hearings, action upon the record, 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 office, and other officers of the office, to which such function is transferred by this Act. SEC. 7. TRANSFER AND ALLOCATION OF APPROPRIATIONS AND PERSONNEL. (a) In General.--The personnel of the Department of Justice employed in connection with the functions transferred by this Act, 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 Act, subject to section 202 of the Budget and Accounting Procedures Act of 1950, shall be transferred to the Office of Enforcement and Border Affairs for appropriate allocation by the Director. Unexpended funds transferred pursuant to this subsection shall be used only for the purposes for which the funds were originally authorized and appropriated. (b) Effect on Personnel.-- (1) In general.--The transfer under this Act 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 Office of Enforcement and Border Affairs. (2) Executive schedule.--Any person who, on the day preceding the effective date of this Act, 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 Office 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. SEC. 8. DELEGATION AND ASSIGNMENT. Except as otherwise expressly prohibited by law or otherwise provided in this Act, an official to whom functions are transferred under this Act (including the head of any office to which functions are transferred under this Act) may delegate any of the functions so transferred to such officers and employees of the office of the official as the official may designate, and may authorize successive redelegations of such functions as may be necessary or appropriate. 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 function. SEC. 9. AUTHORITY OF DIRECTOR OF THE OFFICE OF MANAGEMENT AND BUDGET WITH RESPECT TO FUNCTIONS TRANSFERRED. (a) Determinations.--If necessary, the Director of the Office of Management and Budget shall make any determination of the functions that are transferred under this Act. (b) Incidental Transfers.--The Director of the Office of Management and Budget, at such time or times as the Director shall provide, may make such determinations as may be necessary with regard to the functions transferred by this Act, 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 Act. The Director shall provide for such further measures and dispositions as may be necessary to effectuate the purposes of this Act. SEC. 10. DEFINITIONS. For purposes of this Act: (1) Except as otherwise provided, the term ``Director'' means the Director of the Office 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. SEC. 11. EFFECTIVE DATE. This Act shall take effect on October 1, 1999.
summary: Border Security and Enforcement Act of 1997 - Establishes in the Department of Justice (DOJ) the Office of Enforcement and Border Affairs, to be headed by a Director. Transfers from the Commissioner of the Immigration and Naturalization Service (INS) to the Director all functions, personnel, infrastructure, and funding of the following programs: (1) the Border Patrol program; (2) the detention and deportation program; (3) the intelligence program; (4) the investigations program; and (5) the inspections program. Transfers DOJ personnel and assets, liabilities, contracts, property, records, and INS funds in connection with such functions to the Office, for allocation by the Director. Sets forth provisions regarding: (1) continuation of proceedings and suits and nonabatement of actions in connection with transferred functions; and (2) delegation and assignment and authority of the Director of the Office of Management and Budget regarding functions transferred.