[Congressional Record: September 24, 2002 (Senate)]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
[ ... ]
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
(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
(A) establishing national immigration policy and
(B) coordinating immigration policy between the Directorate
of Immigration Affairs and the Directorate of Border and
(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
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
(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
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
On page 219, line 18, insert ``with respect to any function
within the jurisdiction of the Directorate'' after
On page 220, line 1, strike ``section 1111(c)'' and insert
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
(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
On page 245, strike lines 20 through 24 and insert the
(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
(1) through the Under Secretary and subject to section
112(b)(1) of the Immigration and Nationality Act (as added by
(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
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
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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