[Congressional Record Volume 148, Number 46 (Tuesday, April 23, 2002)]
[House]
[Pages H1533-H1535]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                               AMENDMENTS

  Under clause 8 of rule XVIII, proposed amendments were submitted as 
follows:

                               H.R. 3231

                         Offered By: Mr. Kolbe

               (Amendment in the Nature of a Substitute)

       Amendment No. 1. Strike all after the enacting clause and 
     insert the following:

     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:

[[Page H1534]]

           ``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

[[Page H1535]]

     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.
       Amend the title so as to read: ``A bill to amend the 
     Immigration and Nationality Act to improve the administrative 
     structure for carrying out the immigration laws.''.