5 marihuana, or related evidence seized, and any person apprehended or detained by the Secretary or any officer of the Department of the Treasury, pursuant to the authority retained in them by virtue of this section, shall be turned over forthwith to the jurisdiction of the Attorney General; Provided further, That nothing in this section shall be construed as limiting in any way any authority vested by law in the Secretary of the Treasury, the Department of the Treasury, or any other officer or any agency of that Department on the effective date of this Plan with respect to contraband other than illicit narcotics, dangerous drugs, and marihuana; and Provided further, That nothing in this section shall be construed as limiting in any way any authority the Attorney General, the Department of Justice, or any other officer or any agency of that Department may otherwise have to make investigations or engage in law enforcement activities, including activities relating to the suppression of illicit traffic in narcotics, dangerous drugs, and marihuana, at ports of entry or along the land and water borders of the United States. [Sec. 2. Transfers to the Secretary of the Treasury. There are hereby transferred to the Secretary of the Treasury all functions vested by law in the Attorney General, the Department of Justice, or any other officer or any agency of that Department, with respect to the inspection at regular inspection locations at ports of entry of persons, and documents of persons, entering or leaving the United States: Provided, That any person apprehened or detained by the Secretary or his designee pursuant to this section shall be turned over fothwith to the jurisdiction of the Attorney General: and, Provided further, That nothing in this section shall be construed as limiting, in any way, any other authority that the Attorney General may have with respect to the enforcement, at ports of entry or elsewhere, of laws relating to persons entering or leaving the United States.] Sec. 3. Abolition. The Bureau of Narcotics and Dangerous Drugs, including the Office of Director thereof, is hereby abolished, and section 3 (a) of Reorganization Plan No. 1 of 1968 is hereby repealed. The Attorney General shall make such provision as he may deem necessary with respect to terminating those affairs of the Bureau of Narcotics and Dangerous Drugs not otherwise provided for in the Reorganization Plan. Sec. 4. Drug Enforcement Administration. There is established in the Department of Justice an agency which shall be known as the Drug Enforcement Administration, hereinafter referred to as "the Administration." Sec. 5. Officers of the Administration. (a) There shall be at the head of the Administration the Administrator of Drug Enforcement, hereinafter referred to as "the Administrator." The Administrator shall be appointed by the President by and with the advice and consent of the Senate, and shall receive compensation at the rate now or hereafter prescribed by law for positions of level III of the Executive Schedule Pay Rates (5 U.S.C. 5314). He shall perform such functions as the Attorney General shall from time to time direct. (b) There shall be in the Administration a Deputy Administrator of the Drug Enforcement Administration, hereinafter referred to as "the Deputy Administrator," who shall be appointed by the President by and with the advice and consent of the Senate, shall perform such S.R. 588 6 functions as the Attorney General may from time to time direct, and shall receive compensation at the rate now or hereafter prescribed by law for positions of level V of the Executive Schedule Pay Rates (5 U.S.C. 5316). (c) The Deputy Administrator or such other official of the Department of Justice as the Attorney General shall from time to time designate shall act as Administrator during the absence or disability of the Administrator or in the event of a vacancy in the office of Administrator. Sec. 6. Performance of transferred functions. [(a)] The Attorney General may from time to time make such provisions as he shall deem appropriate authorizing the performance of any of the functions transferred to him by the provisions of this Reorganization Plan by any officer, employee, or agency of the Department of Justice. [(b) The Secretary of the Treasury may from time to time make such provisions as he shall deem appropriate authorizing the performance of any of the functions transferred to him by the provisions of this Reorganization Plan by any officer, employee, or agency of the Department of the Treasury.] SEC. 7. Coordination. The Attorney General, acting through the Administrator and such other officials of the Department of Justice as he may designate, shall provide for the coordination of all drug law enforcement functions vested in the Attorney General so as to assure maximum cooperation between and among the Administration, the Federal Bureau of Investigation, and other units of the Department involved in the performance of these and related functions. SEC. 8. Incidental transfers. (a) So much of the personnel, property, records, and unexpended balances of appropriations, allocations, and other funds employed, used, held, available or to be made available in connection with the functions transferred to the Attorney General [and to the Secretary of the Treasury] by this Reorganization Plan as the Director of the Office of Management and Budget shall determine shall be transferred to the Department of Justice [and to the Department of the Treasury, respectively,] at such time or times as the Director shall direct. (b) Such further measures and dispositions as the Director of the Office of Management and Budget shall deem to be necessary in order to effectuate transfers referred to in subsection (a) of this section shall be carried out in such manner as he shall direct and by such Federal agencies as he shall designate. SEC. 9. Interim Officers. (a) The President may authorize any person who, immediately prior to the effective date of this Reorganization Plan, held a position in the Executive Branch of the Government to act as Administrator until the office of Administrator is for the first time filled pursuant to the provisions of this Reorganization Plan or by recess appointment as the case may be. (b) The President may similarly authorize any such person to act as Deputy Administrator. (c) The President may authorize any person who serves in an acting capacity under the foregoing provisions of this section to receive the compensation attached to the office in respect to which he so serves. Such compensation, if authorized, shall be in lieu of, but not in addi 7 tion to, other compensation from the United States to which such person may be entitled. SEC. 10. Effective date. The provisions of this Reorganization Plan shall take effect as provided by section 906(a) of title 5 of the United States Code or on July 1, 1973, whichever is later. Chapter 171 of Title 28. Tort Claims Procedure Sec. 2680. Exceptions. The provisions of this chapter and section 1346 (b) of this title shall not apply to (h) Any claim arising out of assault, battery, false imprisonment, false arrest, malicious prosecution, abuse of process, libel, slander, misrepresentation, deceit, or interference with contract rights: Provided that, with regard to acts or omissions of investigative or law enforcement officers of the United States government, the provisions of this chapter and section 1346(b) of this title shall apply to any claim arising on or after the enactment of this Proviso out of assault, battery, false imprisonment, false arrest, abuse of process or malicious prosecution. For the purpose of this subsection investigative or law enforcement officer' means any officer of the United States who is empowered by law to execute searches, to seize evidence or to make arrests for violations of Federal law. March 5, 1974 Exhibit 51: House Debate on Section 2680(h) H. RES. 947 5285 Resolved, That upon the adoption of this resolution the bill HR. 8245, to amend Reorganization Plan Numbered 2 of 1973, with the Senate amendments thereto be, and the same is hereby, taken from the Speaker's table to the end that the Senate amendments be, and the same hereby are, agreed to. The SPEAKER. Is a second demanded? Mr. HORTON. Mr. Speaker, I demand a second. Mr. WIGGINS. Mr. Speaker, I demand a second. The SPEAKER. Is the gentleman from New York (Mr. HORTON) opposed to the legislation? Mr. HORTON. No, I am not, Mr. Speaker. Mr. WIGGINS. Mr. Speaker, I am opposed to the resolution. The SPEAKER. Does the gentleman from California demand a second? Mr. WIGGINS. Mr. Speaker, I demand a second. The SPEAKER. Without objection, a second will be considered as ordered. There was no objection. The SPEAKER. The Chair recognizes the gentleman from California (Mr. HOLIFIELD). Mr. HOLIFIELD. Mr. Speaker, I am calling up HR. 8245 to rectify an inequity and to alleviate a serious problem in the Immigration and Naturalization Service. As Members will recall, Reorganization Plan No. 2 of 1973 was allowed to go into effect by a vote of 281 to 130 on June 7, 1973. The effective date as specified in the plan was July 1, 1973. The plan dealt primarily with the creation of a new Drug Enforcement Administration in the Department of Justice but contained provisions affecting the Immigration and Naturalization Service in Justice and the Bureau of Customs in Treasury. During the consideration of that plan it was brought to the attention of the committee that section 2 of the plan as drawn would produce difficulties in administration which had not been foreseen. Section 2 would have transferred a number of employees approximately 900 of the INS to the Department of the Treasury who would be made a part of the inspection force of the Bureau of Customs. Representatives of the amployees of the INS in testimony before the committee and in other representations to the administration pointed out the difficulties that would result from this transfer. They agreed to withdraw their opposition to the plan if the administration and our committee would submit to the Congress a bill deleting section 2. This was the only way in which the plan could be remedied as we all know reorganization plans cannot be amended during their consideration by the Congress. H.R. 8245 is the result of that commitment and would accomplish the objective agreed to. That bill passed the House unanimously on July 17, 1973. It was returned to us by the Senate, however, on December 3, 1973, with an amendment that would permit the Government to be sued by those who are victims of acts or omissions of investigative or law enforcement officers of the US. Government. The Senate amendment 5286 CONGRESSIONAL RECORD HOUSE was precipitated by the unfortunate incident in Collinsville, Ill., last year in which officers of the Bureau of Narcotics and Dangerous Drugs of the Justice Department were involved in an illegal en try, assault, battery, and the destruction of property of an innocent citizen. Technically, since the amendment amends an act not in the jurisdiction of the Committee on Government Operations it would be considered nongermane. As my colleagues know, I am one who has objected to nongermane amendments being placed on House bills by the Senate. I am, however, sympathetic with the objective that the amendment seeks to achieve as I deplore the apparent violation of personal and constitutional rights which the Collinsville incident revealed. I also believe very strongly that the Immigration Service should be able to make its plans for future activity with the certainty that the passage of this legislation will provide. We have a very serious problem of illegal allens in this country. Los Angeles County in my State and the Southwest generally are being literally overrun by allens who find ways to get through the border patrol and our INS inspectors at ports of entry. This is a problem that demands immediate and concerted attention and the stepped-up activity of the INS if we are not to be completely inundated. But as long as congressional action is unfinished, the uncer tainty about jobs and status among INS personnel is having a severe effect on morale and work in the INS. General Chapman, the new head of the Immigration and Naturalization Service, called on me to express his great concern about the problem, as have numerous other officials of the Justice Department and the administration. The American Federation of Government Employees, which represents a number of the INS personnel, has also made representations about the need for a quick resolution of this problem. I have, therefore, requested the forebearance of Members who object to the procedure which is often followed by the Senate so that we can put this matter behind us and get on with the important task of strengthening the Immigration Service as the Director of OMB promised that it would be strengthened. I am aware that there is pending before the Donohue subcommittee of the Committee on Judiciary legislation requested by the administration which is , more comprehensive in scope than the Ervin amendment in this bill. In view of the circumstances, however, I feel we should not hold up the passage of this bill pending action on the broader legislation. This action today on the Senate amendment does not foreclose further legislation from the Judiciary on the anti-no-knock problem. Mr. DONOHUE. Mr. Speaker, will the gentleman yield? Mr. HOLIFIELD. I yield to the gentleman from Massachusetts. Mr. DONOHUE. Mr. Speaker, I favored Reorganization Plan No. 2 as it was presented to the House on June 5, 1973, when it was represented by Chairman HOLIFIELD that he had agreed with the representatives of the employees of the Immigration and Naturalization Service that if they withdrew their opposition to Reorganization Plan No. 2 as presented, his committee would present to the Congress a bill deleting section 2 which would have had the effect of transferring the Immigration and Naturalization inspecting force from the Justice Department to the Bureau of Customs. I am, therefore in favor of H.R. 8245 which is the result of that commitment, I accept the principle agreed to by the Government Operations Committee with the representatives of the employees of the inspections force of the Immigration and Naturalization Service. However, I have reservations about its passage in its present form for the reason that in H.R. 8245 as it is before us today, there is a nongermane amendment inserted by the Senate when H.R. 8245 was before that body. This is an amendment entirely unrelated to the subject matter of H.R, 8245 as it passed the House, and the amendment is not within the jurisdiction of the Committee on Government Operations but within the jurisdiction of the House Committee on the Judiciary since it involves an amendment to the Tort Claims Act. I conclude from the statement of the gentleman that he is a strong opponent to nongermane amendments. Mr. HOLIFIELD. That is right. Mr. DONOHUE. And he is a strong opponent for one committee to invade the jurisdiction of another committee. Mr. HOLIFIELD. That is right. Mr. DONOHUE. Therefore, the gentleman says that these amendments with reference to no-knock law should not be in here. Mr. HOLIFIELD. That is right. Mr. DONOHUE. Now, did the gentleman take any steps to remove them or to correct them? Mr. HOLIFIELD. Yes; I conferred with the people on the other side and they are adamant. Senator ERVIN put this amendment on. They are adamant in getting this. The gentleman knows the problems we have dealing with the other side. I could not get this bill from the Speaker's desk under unanimous consent. I had to take this route and risk my own bill by getting a two-thirds vote in order to save the 900 men that were going to be transferred from the Immigration and Naturalization Service. Mr. DONOHUE. Could this matter not have been referred to the Committee on Rules? 1 Mr. HOLIFIELD. Mr. Speaker, I tried to get a waiver from the Rules Committee on nongermane amendments to the FEA bill so that I could pick up the Senate bill. I tried to get a waiver, and the Rules Committee tells me that they are against giving waivers on nongermane amendments, and I think they are right. I believe the Rules Committee ought to develop a rule which would face this terrible problem we have. This is one of the frustrations of committees of the House which are expert in certain fields and are trying to do a good job. When a bill goes over there, March 5, 1974 they hang Christmas tree ornaments all over it. В 1917 21 Mr. Speaker, I am just as much against this practice as the gentleman from Massachusetts is, but we are now 6 months into this year; Reorganization Plan No. 2 is in effect; the administration has not yet put into effect all these things, but are going to put them into effect. I am doing this in desperation. If I do not get a two-thirds vote today; I will go to the Rules Committee and try to get a waiver. Mr. DONOHUE. Mr. Speaker, could this matter not have been handled otherwise by having it go to a committee, on conference? Mr. HOLIFIELD. Mr. Speaker, I could not get it from the Speaker's desk except by unanimous consent to go to conference, and I was informed that I could not get it. Mr. DONOHUE. Did the gentleman ask that a conference committee be formed to iron out the differences between the House version and the Senate version? Mr. HOLIFIELD. Mr. Speaker, I did not, because under the parliamentary situation I must rise and ask unanimous consent to take from the Speaker's desk the legislation and send it to conference. I could not get that. I was told that different Members would object. Mr. DONOHUE. Did the gentleman make that request in the House? Mr. HOLIFIELD. No, I did not make it because I felt it was futile. I had been told by Members that they would object to it. Mr. DONOHUE. Is that not the customary procedure? Mr. HOLIFIELD. No, it is not the customary procedure. It is one of the customary procedures. Another way is to put it under suspension for a two-thirds vote. Another way is to get the Rules Committee to waive the point of order against nongermane amendments. I was told that I could not get that. Mr. DONOHUE. Did the gentleman make the request of the Rules Committee? Mr. HOLIFIELD. I talked to some of the Members. Mr. DONOHUE. I mean formally. Mr. HOLIFIELD. No, but I will go before the committee and ask them for a rule if this bill is defeated today. They tell me they will turn it down, but I will still go before the committee and ask them. Mr. WIGGINS. Mr. Speaker, Members of the House, first let me emphasize this point: This is not a simple jurisdictional squabble between the Committee on Government Operations and the Committee on the Judiciary. This involves a very important and delicate governmental issue. The basic thrust of the bill before us deals with governmental reorganization, a bill which is needed and which I support; but when that bill went to the Senate, without hearings, an amendment was added. That amendment deals with the exclusionary rule. I assure the Members that this is an important subject. That amendment creates a civil cause of action by amendment to the Federal Tort Claims Act for intentional torts committed by law en |