(2) by amending the item relating to section
103 to read as follows:
‘‘Sec. 103. Powers and duties of the Attorney General.’’;
and
(3) by inserting after the item relating to sec-
tion 105 the following:
‘‘CHAPTER 2—ADMINISTRATION OF THE IMMIGRATION SYSTEM
‘‘Sec. 111. Immigration enforcement through a bureau for immigration enforce-
ment in Department of Justice.
‘‘Sec. 112. Performance of refugee admissions, asylum affairs, citizenship, and
passport activities in Department of State.
‘‘Sec. 113. Responsibilities of Department of Labor.
‘‘Sec. 114. Relationship to other provisions.’’.
SEC. 6. EFFECTIVE DATE; TRANSITION.
(a) EFFECTIVE DATE.—Except as provided in this
section, this Act, and the amendments made by this Act,
shall take effect on the date that is 6 months after the
date of the enactment of this Act.
(b) TRANSFER
AND ALLOCATION
OF APPROPRIA-
TIONS AND PERSONNEL.—
(1) IN GENERAL.—The personnel of the De-
partment of Justice or other agency 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 em-
ployed, held, used, arising from, available to, or to
be made available to such Department or agency in
connection with the functions transferred by this
Act, subject to section 202 of the Budget and Ac-
counting Procedures Act of 1950, shall be trans-
ferred to the entity to which such funds are so
transferred for appropriate allocation by the head of
such entity. Unexpended funds transferred pursuant
to this paragraph shall be used only for the purposes
for which the funds were originally authorized and
appropriated.
(2) EFFECT ON PERSONNEL.—
(A) IN GENERAL.—The transfer under this
Act of full-time personnel (except special Gov-
ernment employees) and part-time personnel
holding permanent positions shall not cause any
such employee to be separated or reduced in
grade or compensation, if at all, for 1 year after
the date of the transfer.
(B) EXECUTIVE SCHEDULE.—Any person
who, on the day preceding the effective date of
this Act, held a position compensated in accord-
ance with the Executive Schedule prescribed in
chapter 53 of title 5, United States Code, and
who, without a break in service, is appointed
into an agency established under this Act to a
position having duties comparable to the duties
performed immediately preceding such appoint-
ment 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.
(c) DELEGATION AND ASSIGNMENT.—Except as oth-
erwise 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.
(d) SAVINGS PROVISIONS.—
(1) CONTINUING LEGAL FORCE AND EFFECT.—
All orders, determinations, rules, regulations, per-
mits, agreements, grants, contracts, certificates, li-
censes, registrations, privileges, and other adminis-
trative actions—
(A) that have been issued, made, granted,
or allowed to become effective by the President,
any Federal agency or official thereof, or by a
court of competent jurisdiction, in the perform-
ance of functions that are transferred under
any amendment made by this Act; and
(B) that are in effect at the time such
transfer takes effect, or were final before the ef-
fective date of such transfer and are to become
effective on or after the effective date of such
transfer,
shall continue in effect according to their terms until
modified, terminated, superseded, set aside, or re-
voked in accordance with law by the President, or
other authorized official, a court of competent juris-
diction, or by operation of law.
(2) PENDING
PROCEEDINGS.—(A) The provi-
sions of any amendment made by this Act shall not
affect any proceedings, including notices of proposed
rulemaking, or any application for any license, per-
mit, certificate, or financial assistance pending on
the effective date of any provision before any depart-
ment, agency, commission, or component thereof,
functions of which are transferred by any amend-
ment. Such proceedings and applications, to the ex-
tent that they relate to functions so transferred,
shall be continued.
(B) 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. Orders issued in any such
proceedings shall continue in effect until modified,
terminated, superseded, or revoked by the authorized
Federal official, by a court of competent jurisdiction,
or by operation of law.
(C) Nothing in this Act shall be deemed to pro-
hibit 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.
(D) The head of each of the Federal Depart-
ments is authorized to promulgate regulations pro-
viding for the orderly transfer of proceedings contin-
ued under this paragraph with respect to such De-
partment.
(3) NO EFFECT ON JUDICIAL PROCEEDINGS.—
Except as provided in paragraph (5)—
(A) the provisions of this Act shall not af-
fect suits commenced prior to the effective date
of this Act, and
(B) in all such suits, proceedings shall be
had, appeals taken, and judgments rendered in
the same manner and effect as if this Act had
not been enacted.
(4) NONABATEMENT
OF
PROCEEDINGS.—No
suit, action, or other proceeding commenced by or
against any officer in the official capacity of such in-
dividual as an officer of any department or agency,
functions of which are transferred by any amend-
ment made by this Act, shall abate by reason of the
enactment of this Act. No cause of action by or
against any department or agency, functions of
which are transferred by any such amendment, or by
or against any officer thereof in the official capacity
of such officer shall abate by reason of the enact-
ment of this Act.
(5) CONTINUATION OF PROCEEDING WITH SUB-
STITUTION
OF
PARTIES.—If, before the date on
which any amendment made by this Act takes effect,
any department or agency, or officer thereof in the
official capacity of such officer, is a party to a suit,
and under this Act any function of such department,
agency, or officer is transferred to another official,
then such suit shall be continued with the other ap-
propriate official substituted or added as a party.
(6) REVIEWABILITY OF ORDERS AND ACTIONS
UNDER TRANSFERRED FUNCTIONS.—Orders and ac-
tions of the Attorney General or other Federal offi-
cial Secretary in the exercise of functions transferred
under any amendment made by this Act shall be
subject to judicial review to the same extent and in
the same manner as if such orders and actions had
been by the agency or office, or part thereof, exer-
cising such functions immediately preceding their
transfer. Any statutory requirements relating to no-
tice, hearings, action upon the record, or administra-
tive review that apply to any function transferred by
any such amendment shall apply to the exercise of
such function by the appropriate Federal official.
Æ