text: 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.
target: 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.
feat_title: Border Security and Enforcement Act of 1997