I
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 immi-
gration laws.
Be it enacted by the Senate and House of Representa-
tives 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 Nat-
uralization Service and the office of Commissioner of Im-
migration and Naturalization are abolished.
(b) CONSOLIDATION OF BORDER PATROL, INSPEC-
TIONS, INVESTIGATIONS, AND REMOVAL AND RELATED
ENFORCEMENT FUNCTIONS WITHIN A BUREAU OF IMMI-
GRATION 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 Sen-
ate; 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, includ-
ing programs of parole or supervised release.
‘‘(D) Exclusion, deportation, and removal.
‘‘(E) Investigations, including investiga-
tions of immigration-related smuggling oper-
ations and document fraud.
‘‘(2) DELEGATION
OF
DETENTION
AUTHOR-
ITY.—Under regulations of the Attorney General,
the responsibilities of the Bureau relating to deten-
tion of aliens may be delegated to the Federal De-
tention Trustee.
‘‘(d) GENERAL COUNSEL.—There shall be a position
of General Counsel for the Bureau of Immigration En-
forcement. The General Counsel and his or her delegates
shall, in addition to such other duties as they may be as-
signed by the Director for Immigration Enforcement, shall
represent the Bureau in all exclusion, deportation, and re-
moval proceedings before the Executive Office for Immi-
gration Review, including in proceedings to adjudicate re-
lief 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 enforce-
ment 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 es-
tablished to carry out section 112. Nothing in this sub-
section shall be construed as preventing the Bureau from
continuing the use of regional offices for administrative
and managerial oversight of field offices.’’.
‘‘(B) shall be compensated at the rate pro-
vided 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 ap-
pointed under subsection (a) shall perform functions
under the immigration laws relating to adjudication of ap-
plications for citizenship, immigration, and refugee status,
and related benefits, both within the United States and
abroad, issuance of appropriate documentation, and over-
seas 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 grant-
ing, 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 des-
ignated by the Secretary of State’’,
(B) by striking ‘‘directly by the Attorney
General’’ and inserting ‘‘directly by the Sec-
retary 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 in-
serting ‘‘Secretary of State’’, and
(B) by inserting ‘‘and other services de-
scribed 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 Nation-
ality Act, as added by section 2(b) and as amended by
section 3(a), is amended by adding at the end the fol-
lowing 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 im-
migration laws relating to verification of employment
authorization under subsections (a)(1)(B), (a)(5),
and (b) of section 274A.
‘‘(2) ENFORCEMENT
AUTHORITY.—The Sec-
retary 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 con-
cerning 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 employ-
ment-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 admin-
istrative 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 sub-
stantial failure to meet the terms and conditions of
such attestations, labor certifications, and applica-
tions.
‘‘(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 provi-
sion of law, any reference in law or regulation to the Com-
missioner of Immigration and Naturalization, to the Im-
migration and Naturalization Service, or the Adminis-
trator 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 provi-
sions of law to the extent such provisions are inconsistent
with the provisions of this chapter.
‘‘(b) NO APPLICATION TO ADMINISTRATION OF REF-
UGEE ASSISTANCE.—This chapter shall not affect the ad-
ministration 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 con-
forming 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 sec-
tion 101 the following:
‘‘CHAPTER 1—DEFINITIONS AND GENERAL AUTHORITIES’’;