I
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 Representa-
tives of the United States of America in Congress assembled,
SECTION 1. ESTABLISHMENT OF BUREAU OF ENFORCE-
MENT 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 trans-
ferred from the Commissioner of the Immigration and
Naturalization Service to the Director all functions per-
formed under the following programs, and all personnel,
infrastructure, and funding provided to the Commissioner
in support of such programs immediately before the effec-
tive 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 Fed-
eral 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 Bu-
reau.
(e) EXERCISE OF AUTHORITIES.—Except as other-
wise provided by law, a Federal official to whom a function
is transferred by this section may, for purposes of per-
forming 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, deter-
minations, 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 De-
portation, the Assistant Commissioner for Intel-
ligence, the Assistant Commissioner for Inves-
tigations, or any other Government official, or
by a court of competent jurisdiction, in the per-
formance 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 re-
voked in accordance with law by the President, any
other authorized official, a court of competent juris-
diction, or operation of law.
(2) PROCEEDINGS.—This section shall not af-
fect any proceedings or any application for any bene-
(4) NONABATEMENT OF ACTIONS.—No suit, ac-
tion, or other proceeding commenced by or against
the Department of Justice or the Immigration and
Naturalization Service, or by or against any individ-
ual 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 Govern-
ment 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 trans-
ferred 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
JUDI-
CIAL REVIEW.—Except as otherwise provided by this
section, any statutory requirements relating to no-
tice, hearings, action upon the record, or administra-
tive 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 trans-
ferred by this section.
(g) TRANSFER
AND ALLOCATION
OF APPROPRIA-
TIONS AND PERSONNEL.—
(1) IN GENERAL.—The personnel of the De-
partment 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 em-
ployed, held, used, arising from, available to, or to
be made available to the Immigration and Natu-
ralization 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 trans-
ferred 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 ac-
cordance with the Executive Schedule pre-
scribed 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 com-
parable 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 posi-
tion, for the duration of the service of such per-
son in such new position.
(h) DELEGATION AND ASSIGNMENT.—Except as oth-
erwise 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 succes-
sive redelegations of such functions as may be necessary
or appropriate. No delegation of functions under this sub-
section 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 Attor-
ney 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 Gen-
eral shall provide, may make such determinations as
may be necessary with regard to the functions trans-
ferred by this section, and to make such additional
incidental dispositions of personnel, assets, liabilities,
grants, contracts, property, records, and unexpended
balances of appropriations, authorizations, alloca-
tions, 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 Gen-
eral shall provide for such further measures and dis-
positions as may be necessary to effectuate the pur-
poses of this section.
(3) AUTHORITY WITH RESPECT TO FUNDS.—
Notwithstanding any other provision of law, the At-
torney General may control retention and disburse-
ment of funds transferred under this section.
(4) TREATMENT OF SHARED RESOURCES.—The
Attorney General is authorized to provide for an ap-
propriate allocation, or coordination, or both, of re-
sources involved in supporting shared support func-
tions for the Bureau and the Immigration and Natu-
ralization Service other offices within the Depart-
ment 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 sys-
tems 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, ob-
ligation, power, authority, responsibility, right, privi-
lege, activity, or program.
(3) The term ‘‘office’’ includes any office, ad-
ministration, 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 Enforce-
ment 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 sec-
tion continue to be performed by such Service.
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