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[Congressional Record: September 19, 2002 (Senate)]
[Page S8935-S8954]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
[DOCID:cr19se02-211]                         


[ ... ]



  SA 4687. Mr. KENNEDY submitted an amendment intended to be proposed 
by him to the bill H.R. 5005, to establish the Department of Homeland 
Security, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, add the following:
       (c) Inspections.--The Under Secretary for Immigration 
     Affairs shall assign officers with expertise and training in 
     immigration and nationality law to all high volume ports of 
     entry in the United States to assist in the inspection of 
     applicants for entry to the United States. For other ports of 
     entry, the Under Secretary shall take steps to ensure that 
     such officers participate in the inspections process. Such 
     officers shall ensure that the inspections policies and 
     procedures regarding applicants for entry to the United 
     States are consistent with the immigration and nationality 
     laws of the United States.
       (d) Training for Border Patrol and Inspectors.--The Under 
     Secretary for Immigration Affairs, in consultation with the 
     Under Secretary for Border and Transportation Protection, 
     will provide timely and ongoing training in immigration and 
     nationality law to personnel performing the border patrol and 
     inspections functions in the Border and Transportation 
     Protection Directorate.
                                 ______
                                 
  SA 4688. Mr. KENNEDY submitted an amendment intended to be proposed 
by him to the bill H.R. 5005, to establish the Department of Homeland 
Security, and for other purposes; which was ordered to lie on the 
table; as follows:

       Strike title XIII and insert the following:

          TITLE XIII--EXECUTIVE OFFICE FOR IMMIGRATION REVIEW

     SEC. 1301. ESTABLISHMENT.

       (a) In General.--There is within the Department of Justice 
     the Executive Office for Immigration Review.
       (b) Statutory Construction.--Nothing in title XI, or any 
     amendment made by that title, may be construed to authorize 
     or require the transfer or delegation of any function vested 
     in, or exercised by, the Executive Office for Immigration 
     Review of the Department of Justice, or any officer, 
     employee, or component thereof, immediately prior to the 
     effective date of title XI.

     SEC. 1302. DIRECTOR OF THE AGENCY.

       (a) Appointment.--There shall be at the head of the 
     Executive Office for Immigration Review a Director who shall 
     be appointed by the President, by and with the advice and 
     consent of the Senate.
       (b) Offices.--The Director shall appoint a Deputy Director, 
     General Counsel, Pro Bono Coordinator, and other offices as 
     may be necessary to carry out this title.
       (c) Responsibilities.--The Director shall--
       (1) administer the Executive Office for Immigration Review 
     and be responsible for the promulgation of rules and 
     regulations affecting the agency; and
       (2) appoint and fix the compensation of attorneys, clerks, 
     administrative assistants, and other personnel as may be 
     necessary.

     SEC. 1303. BOARD OF IMMIGRATION APPEALS.

       (a) In General.--The Board of Immigration Appeals (in this 
     title referred to as the ``Board'') shall perform the 
     appellate functions of the Executive Office for Immigration 
     Review. The Board shall consist of a Chair and not less than 
     14 other immigration appeals judges.
       (b) Appointment.--Members of the Board shall be appointed 
     by the Attorney General, in consultation with the Director 
     and the Chair of the Board of Immigration Appeals.
       (c) Qualifications.--The Chair and each other Member of the 
     Board shall be an attorney in good standing of a bar of a 
     State or the District of Columbia and shall have at least 7 
     years of pertinent legal expertise.
       (d) Jurisdiction.--
       (1) In general.--The Board shall have such jurisdiction as 
     was, prior to the date of enactment of this Act, provided by 
     statute or regulation to the Board of Immigration Appeals (as 
     in effect under the Executive Office of Immigration Review).

[[Page S8943]]

       (2) De novo review.--The Board shall have de novo review of 
     any decision by an immigration judge, including any final 
     order of removal.
       (e) Independence of Board Members.--The Members of the 
     Board shall exercise their independent judgment and 
     discretion in the cases coming before the Board.
       (f) Referral of Cases to the Attorney General.--
       (1) In general.--The Board shall refer to the Attorney 
     General for review of any case that--
       (A) the Attorney General directs the Board to refer to the 
     Attorney General;
       (B) the Chairman or a majority of the Board believes should 
     be referred to the Attorney General for review; or
       (C) the Under Secretary of Homeland Security for 
     Immigration Affairs requests be referred to the Attorney 
     General for review.
       (2) Decision of the attorney general.--In any case in which 
     the Attorney General reviews the decision of the Board, the 
     decision of the Attorney General shall be stated in writing 
     and shall be transmitted to the Board for transmittal and 
     service as provided by regulations.

     SEC. 1304. CHIEF IMMIGRATION JUDGE.

       (a) Establishment of Office.--There shall be within the 
     Executive Office for Immigration Review the position of Chief 
     Immigration Judge, who shall administer the immigration 
     courts.
       (b) Duties of the Chief Immigration Judge.--The Chief 
     Immigration Judge shall be responsible for the general 
     supervision, direction, and procurement of resource and 
     facilities and for the general management of immigration 
     court dockets.
       (c) Appointment of Immigration Judges.--Immigration judges 
     shall be appointed by the Attorney General, in consultation 
     with the Director and the Chief Immigration Judge.
       (d) Qualifications.--Each immigration judge, including the 
     Chief Immigration Judge, shall be an attorney in good 
     standing of a bar of a State or the District of Columbia and 
     shall have at least 7 years of pertinent legal expertise.
       (e) Jurisdiction and Authority of Immigration Courts.--The 
     immigration courts shall have such jurisdiction as was, prior 
     to the date of enactment of this Act, provided by statute or 
     regulation to the immigration courts within the Executive 
     Office for Immigration Review of the Department of Justice.
       (f) Independence of Immigration Judges.--The immigration 
     judges shall exercise their independent judgment and 
     discretion in the cases coming before the Immigration Court.

     SEC. 1305. CHIEF ADMINISTRATIVE HEARING OFFICER.

       (a) Establishment of Position.--There shall be within the 
     Executive Office for Immigration Review the position of Chief 
     Administrative Hearing Officer.
       (b) Duties of the Chief Administrative Hearing Officer.--
     The Chief Administrative Hearing Officer shall hear cases 
     brought under sections 274A, 274B, and 274C of the 
     Immigration and Nationality Act.

     SEC. 1306. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Executive 
     Office for Immigration Review such sums as may be necessary 
     to carry out this title.
                                 ______
                                 





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