[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4108 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 4108

      To amend the Immigration and Nationality Act to improve the 
    administrative structure for carrying out the immigration laws.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 9, 2002

 Mr. Kolbe (for himself and Mr. Flake) introduced the following bill; 
          which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
      To amend the Immigration and Nationality Act to improve the 
    administrative structure for carrying out the immigration laws.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Immigration and 
Naturalization Service Reorganization Act of 2002''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Activities within Department of Justice.
Sec. 3. Activities within Department of State.
Sec. 4. Activities within Department of Labor.
Sec. 5. Conforming provisions.
Sec. 6. Effective date; transition.

SEC. 2. ACTIVITIES WITHIN DEPARTMENT OF JUSTICE.

    (a) Abolition of INS.--The Immigration and Naturalization Service 
and the office of Commissioner of Immigration and Naturalization are 
abolished.
    (b) Consolidation of Border Patrol, Inspections, Investigations, 
and Removal and Related Enforcement Functions Within a Bureau of 
Immigration Enforcement.--Title I of the Immigration and Nationality 
Act is amended--
            (1) by inserting the following after the heading to the 
        title:

        ``Chapter 1--Definitions and General Authorities''; and

            (2) by adding at the end the following new chapter:

           ``Chapter 2--Administration of Immigration System

``immigration enforcement through a bureau for immigration enforcement 
                        in department of justice

    ``Sec. 111. (a) Establishment of Bureau.--There is hereby 
established in the Department of Justice the Bureau for Immigration 
Enforcement.
    ``(b) Director.--
            ``(1) Appointment.--The head of such Bureau shall be the 
        Director for Immigration Enforcement, 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.
            ``(2) Compensation.--The Director shall be paid at the rate 
        of basic pay payable for level II of the Executive Schedule.
    ``(c) Functions.--
            ``(1) In general.--The Bureau shall perform functions under 
        the immigration laws relating to the following:
                    ``(A) Prevention of illegal entry.
                    ``(B) Inspection at ports of entry.
                    ``(C) Apprehension and detention, including 
                programs of parole or supervised release.
                    ``(D) Exclusion, deportation, and removal.
                    ``(E) Investigations, including investigations of 
                immigration-related smuggling operations and document 
                fraud.
            ``(2) Delegation of detention authority.--Under regulations 
        of the Attorney General, the responsibilities of the Bureau 
        relating to detention of aliens may be delegated to the Federal 
        Detention Trustee.
    ``(d) General Counsel.--There shall be a position of General 
Counsel for the Bureau of Immigration Enforcement. The General Counsel 
and his or her delegates shall, in addition to such other duties as 
they may be assigned by the Director for Immigration Enforcement, shall 
represent the Bureau in all exclusion, deportation, and removal 
proceedings before the Executive Office for Immigration Review, 
including in proceedings to adjudicate relief from exclusion, 
deportation and removal, and in other legal, judicial, or 
administrative proceedings involving the functions performed by the 
Bureau.
    ``(e) Field Offices.--The Bureau shall conduct its enforcement 
activities through field offices. The location of such offices shall be 
determined based upon the enforcement priorities of the Bureau and 
without regard to the location of previous district offices of the 
Immigration and Naturalization Service or the location of service 
offices established to carry out section 112. Nothing in this 
subsection shall be construed as preventing the Bureau from continuing 
the use of regional offices for administrative and managerial oversight 
of field offices.''.

SEC. 3. ACTIVITIES WITHIN DEPARTMENT OF STATE.

    (a) In General.--Chapter 2 of title I of the Immigration and 
Nationality Act, as added by section 2(b), is amended by adding at the 
end the following new section:

     ``performance of functions related to immigration and refugee 
  admissions, asylum affairs, citizenship, and passport activities in 
                          department of state

    ``Sec. 112. (a) Assistant Secretaries of State.--There shall be 
appointed in the Department of State an Assistant Secretary of State 
for Immigration Affairs, an Assistant Secretary of State for Refugee 
Admissions and Asylum Affairs, and an Assistant Secretary of State for 
Citizenship and Passport Services. Such Assistant Secretaries shall be 
in addition to such Assistant Secretaries as are authorized under 
section 1(c) of the State Department Basic Authorities Act of 1956.
    ``(b) Under Secretary for Citizenship, Immigration, and Refugee 
Admissions.--
            ``(1) In general.--Such Assistant Secretaries shall be 
        under the supervision and direction of an Under Secretary of 
        State for Citizenship, Immigration, and Refugee Admissions 
        who--
                    ``(A) shall be appointed by the President, by and 
                with the advice and consent of the Senate; and
                    ``(B) shall be compensated at the rate provided for 
                at level III of the Executive Schedule under section 
                5314 of title 5, United States Code.
            ``(2) Relation to other authority.--Such Under Secretary 
        shall be in addition to such Under Secretaries as are 
        authorized under section 1(b) of the State Department Basic 
        Authorities Act of 1956.
    ``(c) Functions.--The Assistant Secretaries appointed under 
subsection (a) shall perform functions under the immigration laws 
relating to adjudication of applications for citizenship, immigration, 
and refugee status, and related benefits, both within the United States 
and abroad, issuance of appropriate documentation, and overseas 
citizens services, and related anti-fraud activities.
    ``(d) Review of Decisions.--The Secretary of State shall establish 
by regulation procedures for internal review of decisions of consular 
and other officers in granting, refusing, or revoking visas, adjustment 
or change in immigration status, and naturalization.''.
    (b) Funding.--Section 286 of such Act (8 U.S.C. 1356) is amended--
            (1) in subsection (m)--
                    (A) by striking ``as are designated by the Attorney 
                General'' and inserting ``as are designated by the 
                Secretary of State'',
                    (B) by striking ``directly by the Attorney 
                General'' and inserting ``directly by the Secretary of 
                State, the Attorney General,'', and
                    (C) by striking ``by the Attorney General'' after 
                ``received'';
            (2) in subsection (n)--
                    (A) by striking ``Attorney General'' and inserting 
                ``Secretary of State'', and
                    (B) by inserting ``and other services described in 
                section 112(c)'' after ``naturalization services''; and
            (3) in subsection (o), by striking ``Attorney General'' and 
        inserting ``Secretary of State''.

SEC. 4. ACTIVITIES WITHIN DEPARTMENT OF LABOR.

    Chapter 2 of title I of the Immigration and Nationality Act, as 
added by section 2(b) and as amended by section 3(a), is amended by 
adding at the end the following new section:

               ``responsibilities of department of labor

    ``Sec. 113. (a) Responsibility for Verification-Related 
Enforcement.--
            ``(1) In general.--The Secretary of Labor is responsible 
        for enforcement of provisions of the immigration laws relating 
        to verification of employment authorization under subsections 
        (a)(1)(B), (a)(5), and (b) of section 274A.
            ``(2) Enforcement authority.--The Secretary of Labor is 
        authorized to impose penalties under section 274A(e)(5) for 
        violations of section 274A(a)(1)(B).
            ``(3) Notice.--The Secretary of Labor shall notify the 
        Director of the Bureau for Immigration Enforcement of any 
        information discovered concerning a violation of section 
        274A(a)(1)(A).
    ``(b) Responsibility for Enforcement of Terms and Conditions of 
Employment.--
            ``(1) In general.--The Secretary of Labor shall monitor 
        employers' fulfillment of terms and conditions of attestations, 
        labor certifications, and other applications filed in 
        compliance with employment-related requirements for the 
        admission of aliens under the immigration laws, including under 
        subparagraphs (H), (L), (O), (P), and (Q) of section 101(a)(15) 
        and under section 203(b).
            ``(2) Authority to impose administrative fines.--The 
        Secretary of Labor may assess administrative fines against 
        those found to have violated the terms and conditions of such 
        attestations, labor certifications, and applications.
            ``(3) Notice.--The Secretary of Labor shall notify the 
        Secretary of State of any finding of a substantial failure to 
        meet the terms and conditions of such attestations, labor 
        certifications, and applications.
    ``(c) Construction.--Nothing in this section shall be construed as 
affecting the administration of section 274B (relating to unfair 
immigration-related employment practices).''.

SEC. 5. CONFORMING PROVISIONS.

    (a) In General.--Notwithstanding any other provision of law, any 
reference in law or regulation to the Commissioner of Immigration and 
Naturalization, to the Immigration and Naturalization Service, or the 
Administrator described in section 104(b) of the Immigration and 
Nationality Act with respect to a function or authority shall be deemed 
a reference to the appropriate entity which has such function or 
authority under chapter 2 of title I of the Immigration and Nationality 
Act, as amended by this Act.
    (b) Superseding Other Provisions of Law.--Chapter 2 of title I of 
the Immigration and Nationality Act, as added by this Act, is amended 
by adding at the end the following:

                   ``relationship to other provisions

    ``Sec. 114. (a) In General.--The provisions of this chapter 
supersede sections 103 and 104 and other provisions of law to the 
extent such provisions are inconsistent with the provisions of this 
chapter.
    ``(b) No Application to Administration of Refugee Assistance.--This 
chapter shall not affect the administration of title IV of this Act.''.
    (c) Submission of Legislative Proposal for Technical and Conforming 
Amendments.--Not later than 90 days after the date of the enactment of 
this Act, the Attorney General, in consultation with the Secretaries of 
State and Labor and, as appropriate, with the heads of other Federal 
agencies, shall submit to the Congress, a legislative proposal 
proposing such technical and conforming amendments to the Immigration 
and Nationality Act and other immigration-related laws as are necessary 
to bring the law into conformity with the policies embodied in this 
Act.
    (d) Clerical Amendments.--The table of contents of the Immigration 
and Nationality Act is amended--
            (1) by inserting before the item relating to section 101 
        the following:

          ``Chapter 1--Definitions and General Authorities'';

            (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 section 105 the 
        following:

         ``Chapter 2--Administration of the Immigration System

``Sec. 111. Immigration enforcement through a bureau for immigration 
                            enforcement 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 Appropriations and Personnel.--
            (1) In general.--The personnel of the Department 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 employed, 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 Accounting Procedures Act of 
1950, shall be transferred 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 Government 
                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 accordance 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 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.
    (c) 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.
    (d) Savings Provisions.--
            (1) Continuing legal force and effect.--All orders, 
        determinations, rules, regulations, permits, agreements, 
        grants, contracts, certificates, licenses, registrations, 
        privileges, and other administrative 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 performance 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 effective 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 revoked in 
        accordance with law by the President, or other authorized 
        official, a court of competent jurisdiction, or by operation of 
        law.
            (2) Pending proceedings.--(A) The provisions of any 
        amendment made by this Act shall not affect any proceedings, 
        including notices of proposed rulemaking, or any application 
        for any license, permit, certificate, or financial assistance 
        pending on the effective date of any provision before any 
        department, agency, commission, or component thereof, functions 
        of which are transferred by any amendment. Such proceedings and 
        applications, to the extent 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 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.
            (D) The head of each of the Federal Departments is 
        authorized to promulgate regulations providing for the orderly 
        transfer of proceedings continued under this paragraph with 
        respect to such Department.
            (3) No effect on judicial proceedings.--Except as provided 
        in paragraph (5)--
                    (A) the provisions of this Act shall not affect 
                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 individual as an officer of any department or 
        agency, functions of which are transferred by any amendment 
        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 enactment 
        of this Act.
            (5) Continuation of proceeding with substitution 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 appropriate 
        official substituted or added as a party.
            (6) Reviewability of orders and actions under transferred 
        functions.--Orders and actions of the Attorney General or other 
        Federal official 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, exercising such functions immediately 
        preceding their transfer. Any statutory requirements relating 
        to notice, hearings, action upon the record, or administrative 
        review that apply to any function transferred by any such 
        amendment shall apply to the exercise of such function by the 
        appropriate Federal official.
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