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[Congressional Record: September 24, 2002 (Senate)]
[Page S9137-S9177]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
[DOCID:cr24se02-143]                         

[ ... ]


  SA 4730. Mr. KYL 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:

       On page 17, between lines 14 and 15, insert the following:
       (20) To provide for border and transportation security.  
       On page 25, after line 25, add the following new 
     subsection:
       (c) Chief of Immigration Policy.--
       (1) In general.--There shall be within the office of the 
     Deputy Secretary of Homeland Security a Chief of Immigration 
     Policy, who, under the authority of the Secretary, shall be 
     responsible for--
       (A) establishing national immigration policy and 
     priorities; and
       (B) coordinating immigration policy between the Directorate 
     of Immigration Affairs and the Directorate of Border and 
     Transportation security.
       (2) Within the senior executive service.--The position of 
     Chief of Immigration Policy shall be a Senior Executive 
     Service position under section 5382 of title 5, United States 
     Code.
       On page 43, between lines 2 and 3, insert the following:
       (7) Carrying out the border patrol function.
       (8) Administering and enforcing the functions of the 
     Department under the immigration laws of the United States 
     with respect to the inspection of aliens arriving at ports of 
     entry of the United States.
       On page 43, line 3, strike ``(7)'' and insert ``(9)''.
       On page 43, between lines 23 and 24, insert the following:
       (6) So much of the functions of the Immigration and 
     Naturalization Service as relate to the responsibilities 
     described in paragraphs (7) and (8) of subsection (b).
       On page 112, strike line 10 and all that follows through 
     page 114, line 5 and insert the following:

     SEC. 139. BORDER SECURITY AND IMMIGRATION WORKING GROUP.

       (a) Establishment.--The Secretary shall establish a border 
     security and immigration working group (in this section 
     referred to as the ``Working Group''), composed of the 
     Secretary or the designee of the Secretary, the Under 
     Secretary for Immigration Affairs, and the Under Secretary 
     for Border and Transportation Security.
       (b) Functions.--The Working Group shall meet not less 
     frequently than once every 3 months and shall--
       (1) with respect to border security functions, develop 
     coordinated budget requests, allocations of appropriations, 
     staffing requirements, communication, use of equipment, 
     transportation, facilities, and other infrastructure;
       (2) coordinate joint and cross-training programs for 
     personnel performing border security functions;
       (3) monitor, evaluate and make improvements in the coverage 
     and geographic distribution of border security programs and 
     personnel;
       (4) develop and implement policies and technologies to 
     ensure the speedy, orderly, and efficient flow of lawful 
     traffic, travel and commerce, and enhanced scrutiny for high-
     risk traffic, travel, and commerce;
       (5) identify systemic problems in coordination encountered 
     by border security agencies and programs and propose 
     administrative, regulatory, or statutory changes to mitigate 
     such problems; and
       (6) coordinate the enforcement of all immigration laws.
       (c) Relevant Agencies.--The Secretary shall consult with 
     representatives of relevant agencies with respect to 
     deliberations under subsection (b), and may include 
     representatives of such agencies in Working Group 
     deliberations, as appropriate.
       On page 215, lines 15 and 16, strike ``policy, 
     administration, and inspection'' and insert ``policy and 
     administration''.
       On page 215, line 20, before the period at the end of the 
     line insert the following: ``, but does not include the 
     functions described in paragraphs (7) and (8) of section 
     131(b).
       On page 219, line 18, insert ``with respect to any function 
     within the jurisdiction of the Directorate'' after 
     ``States''.
       On page 220, line 1, strike ``section 1111(c)'' and insert 
     ``section 111(c)''.
       On page 220, strike lines 8 through 14.
       On page 223, strike lines 9 through 25.
       On page 224, line 1, strike ``(f)'' and insert ``(e)''.
       On page 233, strike line 23.
       On page 233, line 24, strike ``(B)'' and insert ``(A)''.
       On page 234, line 1, strike ``(C)'' and insert ``(B)''.
       On page 234, line 2, strike ``(D)'' and insert ``(C)''.
       On page 234, line 3, strike ``(E)'' and insert ``(D)''.
       On page 243, line 10, strike ``All functions'' and insert 
     ``Except as provided in subsection (c), all functions''.
       On page 243, line 19, strike ``All functions'' and insert 
     ``Except as provided in subsection (c), all functions''.
       On page 244 between lines 18 and 19, insert the following:
       (c) Special Rule for Border Patrol and Inspection 
     Functions.--
       (1) In general.--Notwithstanding subsections (a) and (b), 
     the border patrol function, and primary and secondary 
     immigration inspection functions, vested by statute in, or 
     exercised by, the Attorney General, the Commissioner of 
     Immigration and Naturalization, or the Immigration and 
     Naturalization Service (or any officer, employee, or 
     component thereof), immediately prior to the effective date 
     of this title, are transferred to the Secretary on such 
     effective date for exercise by the Under Secretary for Border 
     and Transportation in accordance with paragraphs (7) and (8) 
     of section 131(b).
       (2) References.--With respect to the border patrol function 
     and primary and secondary immigration inspection functions, 
     references in this subtitle to--
       (A) the Directorate shall be deemed to be references to the 
     Directorate of Border and Transportation Security; and
       (B) the Under Secretary shall be deemed to be references to 
     the Under Secretary for Border and Transportation.
       On page 245, lines 13 and 14, strike ``Under the direction 
     of the Secretary, the Under Secretary'' and insert ``The 
     Secretary''.
       On page 245, strike lines 20 through 24 and insert the 
     following:
       (A) immigration policy and administration functions;
       (B) immigration service functions;
       (C) immigration enforcement functions (excluding the border 
     patrol function and primary and secondary immigration 
     inspection functions); and
       (D) the border patrol function and primary and secondary 
     immigration inspection functions; and
       Beginning on page 246, strike line 12 and all that follows 
     through line 20 on page 247 and insert the following:
       (a) Delegation to the Directorates.--The Secretary shall 
     delegate--
       (1) through the Under Secretary and subject to section 
     112(b)(1) of the Immigration and Nationality Act (as added by 
     section 1103)--
       (A) immigration service functions to the Assistant 
     Secretary for Immigration Services; and
       (B) immigration enforcement functions to the Assistant 
     Secretary for Immigration Enforcement; and
       (2) the border patrol function and primary and secondary 
     immigration inspection functions to the Under Secretary for 
     Border and Transportation.
       (b) Nonexclusive Delegations Authorized.--Delegations made 
     under subsection (a) may be made on a nonexclusive basis as 
     the Secretary may determine may be necessary to ensure the 
     faithful execution of the Secretary's responsibilities and 
     duties under law.
       (c) Effect of Delegations.--Except as otherwise expressly 
     prohibited by law or otherwise provided in this title, the 
     Secretary may make delegations under this subsection to such 
     officers and employees of the office of the Under Secretary 
     for Immigration Affairs, and the Enforcement Bureau of the 
     Directorate for Border and Transportation Security, 
     respectively, as the Secretary may

[[Page S9177]]

     designate, and may authorize successive redelegations of such 
     functions as may be necessary or appropriate. No delegation 
     of functions under this subsection or under any other 
     provision of this title shall relieve the official to whom a 
     function is transferred under this title of responsibility 
     for the administration of the function.
       On page 254, strike lines 14 through 19 and insert the 
     following:
     Border Affairs (except for the border patrol function and 
     primary and secondary immigration inspection functions);
       (iii) the transfer to the Directorate of Border and 
     Transportation Security of the border patrol function and 
     primary and secondary immigration inspection functions; and
       (iv) the transfer of such other functions as are required 
     to be made under this division; and
                                 ______
                                 


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