107TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 107–413

BARBARA JORDAN IMMIGRATION REFORM AND

ACCOUNTABILITY ACT OF 2002

APRIL 19, 2002.—Committed to the Committee of the Whole House on the State of

the Union and ordered to be printed

Mr. SENSENBRENNER, from the Committee on the Judiciary,

submitted the following

R E P O R T

together with

DISSENTING VIEWS

[To accompany H.R. 3231]

[Including cost estimate of the Congressional Budget Office]

The Committee on the Judiciary, to whom was referred the bill

(H.R. 3231) to replace the Immigration and Naturalization Service

with the Agency for Immigration Affairs, and for other purposes,

having considered the same, reports favorably thereon with amendments and recommends that the bill as amended do pass.

CONTENTS

Page

The Amendment ...................................................................................................... 1

Purpose and Summary ............................................................................................ 18

Background and Need for the Legislation ............................................................. 18

Hearings ................................................................................................................... 20

Committee Consideration ........................................................................................ 20

Vote of the Committee ............................................................................................. 20

Committee Oversight Findings ............................................................................... 21

Performance Goals and Objectives ......................................................................... 21

New Budget Authority and Tax Expenditures ...................................................... 23

Congressional Budget Office Cost Estimate .......................................................... 23

Constitutional Authority Statement ...................................................................... 28

Section-by-Section Analysis and Discussion .......................................................... 28

Changes in Existing Law Made by the Bill, as Reported ..................................... 45

Markup Transcript .................................................................................................. 48

Dissenting Views ..................................................................................................... 231

The amendments are as follows:

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Strike all after the enacting clause and insert the following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as the ‘‘Barbara Jordan Immigration

Reform and Accountability 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. Abolishment of Immigration and Naturalization Service; establishment of Office of Associate Attorney

General for Immigration Affairs.

Sec. 3. Positions within Office of Associate Attorney General for Immigration Affairs.

Sec. 4. Establishment of Bureau of Citizenship and Immigration Services.

Sec. 5. Office of the Ombudsman.

Sec. 6. Establishment of Bureau of Immigration Enforcement.

Sec. 7. Office of Immigration Statistics within Bureau of Justice Statistics.

Sec. 8. Exercise of authorities.

Sec. 9. Savings provisions.

Sec. 10. Transfer and allocation of appropriations and personnel.

Sec. 11. Authorization of appropriations; prohibition on transfer of fees; leasing or acquisition of property; sense

of Congress.

Sec. 12. Reports and implementation plans.

Sec. 13. Application of Internet-based technologies.

Sec. 14. Definitions.

Sec. 15. Effective date; transition.

Sec. 16. Conforming amendment.

SEC. 2. ABOLISHMENT OF IMMIGRATION AND NATURALIZATION SERVICE; ESTABLISHMENT

OF OFFICE OF ASSOCIATE ATTORNEY GENERAL FOR IMMIGRATION AFFAIRS.

(a) ABOLISHMENT OF INS.—The Immigration and Naturalization Service of the

Department of Justice is abolished.

(b) ESTABLISHMENT OF OFFICE OF ASSOCIATE ATTORNEY GENERAL FOR IMMIGRATION AFFAIRS.—

(1) IN GENERAL.—There is established in the Department of Justice an office to be known as the ‘‘Office of the Associate Attorney General for Immigration Affairs’’.

(2) ASSOCIATE ATTORNEY GENERAL.—The head of the Office shall be the Associate Attorney General for Immigration Affairs. The Associate Attorney General for Immigration Affairs—

(A) shall be appointed by the President, by and with the consent of the

Senate; and

(B) shall have a minimum of 5 years of experience in managing a large

and complex organization.

(3) COMPENSATION AT LEVEL III OF EXECUTIVE SCHEDULE.—Section 5314 of

title 5, United States Code, is amended by adding at the end the following:

‘‘Associate Attorney General for Immigration Affairs.’’.

(c) FUNCTIONS.—The Associate Attorney General for Immigration Affairs shall

be responsible for—

(1) overseeing the work of, and supervising, the Director of the Bureau of

Citizenship and Immigration Services and the Director of the Bureau of Immigration Enforcement;

(2) coordinating the administration of national immigration policy, including coordinating the operations of the Bureau of Citizenship and Immigration

Services and the Bureau of Immigration Enforcement, and reconciling conflicting policies of such bureaus; and

(3) allocating and coordinating resources involved in supporting shared support functions for the Bureau of Citizenship and Immigration Services and the

Bureau of Immigration Enforcement, through the Office of Shared Services established by section 3.

SEC. 3. POSITIONS WITHIN OFFICE OF ASSOCIATE ATTORNEY GENERAL FOR IMMIGRATION

AFFAIRS.

(a) POLICY ADVISOR.—

(1) IN GENERAL.—There shall be a position of Policy Advisor for the Associate Attorney General for Immigration Affairs.

(2) FUNCTIONS.—The Policy Advisor shall be responsible for—

(A) providing advice to the Associate Attorney General for Immigration

Affairs on all matters relating to immigration and naturalization policy;

and

(B) coordinating and reconciling the resolution of policy issues by the

Bureau of Citizenship and Immigration Services and the Bureau of Immigration Enforcement.

(b) GENERAL COUNSEL.—

(1) IN GENERAL.—There shall be a position of General Counsel to the Associate Attorney General for Immigration Affairs.

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(2) FUNCTIONS.—The General Counsel shall serve as the principal legal advisor to the Associate Attorney General for Immigration Affairs. The General

Counsel shall be responsible for—

(A) providing specialized legal advice, opinions, determinations, regulations, and any other assistance to the Associate Attorney General for Immigration Affairs with respect to legal matters affecting the Office of the Associate Attorney General for Immigration Affairs, the Bureau of Citizenship

and Immigration Services, or the Bureau of Immigration Enforcement;

(B) representing the Bureau of Citizenship and Immigration Services in

visa petition appeal proceedings before the Executive Office for Immigration

Review and in other legal or administrative proceedings involving immigration services issues; and

(C) representing the Bureau of Immigration Enforcement in all exclusion, deportation, or removal proceedings before the Executive Office for Immigration Review, including in proceedings to adjudicate relief from exclusion, deportation, or removal, and in other legal or administrative proceedings involving immigration enforcement issues.

(3) LIMITATION.—Paragraph (2) shall not apply to the functions transferred

under subsection (h) to the extent that the Associate Attorney General for Immigration Affairs does not delegate such functions to the General Counsel.

(c) CHIEF FINANCIAL OFFICER.—

(1) IN GENERAL.—There shall be a position of Chief Financial Officer for the

Associate Attorney General for Immigration Affairs.

(2) FUNCTIONS.—The Chief Financial Officer shall be responsible for—

(A) financial management of the Office of the Associate Attorney General for Immigration Affairs, the Bureau of Citizenship and Immigration

Services, and the Bureau of Immigration Enforcement and shall have the

authorities and functions described in section 902 of title 31, United States

Code, in relation to financial activities of such office and bureaus;

(B) collecting all payments, fines, and other debts for the Bureau of

Citizenship and Immigration Services and the Bureau of Immigration Enforcement; and

(C) coordinating all budget and other financial management issues with

the Bureau of Citizenship and Immigration Services and the Bureau of Immigration Enforcement.

(d) DIRECTOR OF SHARED SERVICES.—

(1) IN GENERAL.—There shall be a position of Director of the Office of

Shared Services for the Associate Attorney General for Immigration Affairs.

(2) FUNCTIONS.—The Director of the Office of Shared Services shall be responsible for the appropriate allocation and coordination of resources involved

in supporting shared support functions for the Bureau of Citizenship and Immigration Services and the Bureau of Immigration Enforcement, including—

(A) facilities management;

(B) information resources management, including computer databases

and information technology;

(C) records and file management; and

(D) forms management.

(e) OFFICE OF THE OMBUDSMAN.—

(1) ESTABLISHMENT.—

(A) IN GENERAL.—There is established in the Office of the Associate Attorney General for Immigration Affairs an office to be known as the ‘‘Office

of the Ombudsman’’.

(B) OMBUDSMAN.—

(i) IN GENERAL.—The Office of the Ombudsman shall be under the

supervision and direction of an official to be known as the ‘‘Ombudsman’’. The Ombudsman shall report directly to the Associate Attorney

General for Immigration Affairs.

(ii) QUALIFICATIONS.—The Ombudsman shall have a background in

customer service as well as immigration law.

(2) FUNCTIONS OF OFFICE.—The Ombudsman shall perform the functions

described in section 5.

(f) OFFICE OF PROFESSIONAL RESPONSIBILITY AND QUALITY REVIEW.—

(1) IN GENERAL.—There is established in the Office of the Associate Attorney General for Immigration Affairs an office to be known as the ‘‘Office of Professional Responsibility and Quality Review’’. The head of the Office of Professional Responsibility and Quality Review shall be the Director of the Office of

Professional Responsibility and Quality Review. The Director of the Office of

Professional Responsibility and Quality Review shall be responsible for—

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(A) conducting investigations of noncriminal allegations of misconduct,

corruption, and fraud involving any employee of the Office of the Associate

Attorney General for Immigration Affairs, the Bureau of Citizenship and

Immigration Services, or the Bureau of Immigration Enforcement that are

not subject to investigation by the Department of Justice Office of the Inspector General;

(B) inspecting the operations of the Office of the Associate Attorney

General for Immigration Affairs, the Bureau of Citizenship and Immigration Services, and the Bureau of Immigration Enforcement and providing

assessments of the quality of the operations of such office and bureaus as

a whole and each of their components; and

(C) providing an analysis of the management of the Office of the Associate Attorney General for Immigration Affairs, the Bureau of Citizenship

and Immigration Services, and the Bureau of Immigration Enforcement.

(2) SPECIAL CONSIDERATIONS.—In providing assessments in accordance with

paragraph (1)(B) with respect to a decision of the Office of the Associate Attorney General for Immigration Affairs, the Bureau of Citizenship and Immigration Services, or the Bureau of Immigration Enforcement, or any of their components, consideration shall be given to— (A) the accuracy of the findings of fact and conclusions of law used in

rendering the decision;

(B) any fraud or misrepresentation associated with the decision; and

(C) the efficiency with which the decision was rendered.

(g) OFFICE OF CHILDREN’S AFFAIRS.—

(1) IN GENERAL.—There is established within the Office of the Associate Attorney General for Immigration Affairs an office to be known as the ‘‘Office of

Children’s Affairs’’. The head of the Office of Children’s Affairs shall be the Director of the Office of Children’s Affairs.

(2) FUNCTIONS.—

(A) IN GENERAL.—The Director of the Office of Children’s Affairs shall

be responsible for—

(i) coordinating and implementing law and policy for unaccompanied alien children who come into the custody of the Department of

Justice;

(ii) ensuring that the interests of the child are considered in decisions and actions relating to the care and custody of an unaccompanied

alien child;

(iii) making placement determinations for all unaccompanied alien

children apprehended by the Attorney General or who otherwise come

into the custody of the Department of Justice;

(iv) implementing the placement determinations made by the Office;

(v) implementing policies with respect to the care and placement

of unaccompanied alien children;

(vi) identifying a sufficient number of qualified individuals, entities, and facilities to house unaccompanied alien children;

(vii) overseeing the infrastructure and personnel of facilities in

which unaccompanied alien children reside;

(viii) reuniting unaccompanied alien children with a parent abroad

in appropriate cases;

(ix) compiling, updating, and publishing at least annually a stateby-state list of professionals or other entities qualified to provide guardian and attorney representation services for unaccompanied alien children;

(x) maintaining statistical information and other data on unaccompanied alien children in the Office’s custody and care, which shall

include—

(I) biographical information, such as a child’s name, gender,

date of birth, country of birth, and country of habitual residence;

(II) the date on which the child came into the custody of the

Department of Justice;

(III) information relating to the child’s placement, removal, or

release from each facility in which the child has resided;

(IV) in any case in which the child is placed in detention or

released, an explanation relating to the detention or release; and

(V) the disposition of any actions in which the child is the subject;

(xi) collecting and compiling statistical information from the Office

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tion Services, and Bureau of Enforcement (including Border Patrol and

inspections officers), on the unaccompanied alien children with whom

they come into contact; and

(xii) conducting investigations and inspections of facilities and

other entities in which unaccompanied alien children reside.

(B) COORDINATION WITH OTHER ENTITIES; NO RELEASE ON OWN RECOGNIZANCE.—In making determinations described in subparagraph (A)(iii), the

Director of the Office of Children’s Affairs—

(i) shall consult with appropriate juvenile justice professionals, the

Director of the Bureau of Citizenship and Immigration Services, and

the Director of the Bureau of Immigration Enforcement to ensure that

such determinations ensure that unaccompanied alien children described in such subparagraph—

(I) are likely to appear for all hearings or proceedings in which

they are involved;

(II) are protected from smugglers, traffickers, or others who

might seek to victimize or otherwise engage them in criminal,

harmful, or exploitive activity; and

(III) are placed in a setting in which they not likely to pose a

danger to themselves or others; and

(ii) shall not release such children upon their own recognizance.

(C) TRANSFER OF FUNCTIONS.—There are transferred to the Director of

the Office of Children’s Affairs functions with respect to the care of unaccompanied alien children under the immigration laws of the United States

vested by statute in, or performed by, the Commissioner of the Immigration

and Naturalization Service (or any officer, employee, or component thereof),

immediately before the effective date specified in section 15(a).

(D) DUTIES WITH RESPECT TO FOSTER CARE.—In carrying out the duties

described in subparagraph (A)(vii), the Director of the Office of Children’s

Affairs shall assess the extent to which it is cost-effective to use the refugee

children foster care system for the placement of unaccompanied alien children.

(3) RULE OF CONSTRUCTION.—Nothing in this subsection may be construed

to transfer the responsibility for adjudicating benefit determinations under the

Immigration and Nationality Act (8 U.S.C. 1101 et seq.) from the authority of

any official of the Office of the Associate Attorney General for Immigration Affairs, the Bureau of Citizenship and Immigration Services, the Bureau of Immigration Enforcement, the Executive Office of Immigration Review, or the Department of State.

(4) DEFINITION.—As used in this subsection—

(A) the term ‘‘placement’’ means the placement of an unaccompanied

alien child in either a detention facility or an alternative to such a facility;

and

(B) the term ‘‘unaccompanied alien child’’ means a child who—

(i) has no lawful immigration status in the United States;

(ii) has not attained 18 years of age; and

(iii) with respect to whom—

(I) there is no parent or legal guardian in the United States;

or

(II) no parent or legal guardian in the United States is available to provide care and physical custody.

(h) TRANSFER OF FUNCTIONS OF OFFICE OF IMMIGRATION LITIGATION.—There are

transferred from the Assistant Attorney General, Civil Division, to the Associate Attorney General for Immigration Affairs all functions performed by the Office of Immigration Litigation, and all personnel, infrastructure, and funding provided to the

Assistant Attorney General, Civil Division, in support of such functions, immediately before the effective date specified in section 15(a). The Associate Attorney

General for Immigration Affairs may, in the Associate Attorney General’s discretion,

charge the General Counsel to the Associate Attorney General for Immigration Affairs with such functions.

(i) EMPLOYEE DISCIPLINE FOR WILLFUL DECEIT.—The Associate Attorney General for Immigration Affairs may, notwithstanding any other provision of law, impose disciplinary action, including termination of employment, pursuant to policies

and procedures applicable to employees of the Federal Bureau of Investigation, on

any employee of the Office of the Associate Attorney General for Immigration Affairs, the Bureau of Citizenship and Immigration Services, or the Bureau of Immigration Enforcement who willfully deceives the Congress or agency leadership on

any matter.

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(j) REFERENCES.—With respect to any function transferred by this section or Act

to, and exercised on or after the effective date specified in section 15(a) by, the Associate Attorney General for Immigration Affairs or any other official whose functions

are described in this section, any reference in any other Federal law, Executive

order, rule, regulation, or delegation of authority, or any document of or pertaining

to a component of government from which such function is transferred—

(1) to the head of such component is deemed to refer to the Associate Attorney General for Immigration Affairs; or

(2) to such component is deemed to refer to the Office of the Associate Attorney for Immigration Affairs.

SEC. 4. ESTABLISHMENT OF BUREAU OF CITIZENSHIP AND IMMIGRATION SERVICES.

(a) ESTABLISHMENT OF BUREAU.—

(1) IN GENERAL.—There is established in the Department of Justice a bureau to be known as the ‘‘Bureau of Citizenship and Immigration Services’’.

(2) DIRECTOR.—The head of the Bureau of Citizenship and Immigration

Services shall be the Director of the Bureau of Citizenship and Immigration

Services, who—

(A) shall report directly to the Associate Attorney General for Immigration Affairs; and

(B) shall have a minimum of 10 years professional experience in the

rendering of adjudications on the provision of government benefits or services, at least 5 of which shall have been years of service in a managerial

capacity or in a position affording comparable management experience.

(3) FUNCTIONS.—The Director of the Bureau of Citizenship and Immigration

Services—

(A) shall establish the policies for performing such functions as are

transferred to the Director by this section or this Act or otherwise vested

in the Director by law;

(B) shall oversee the administration of such policies;

(C) shall advise the Associate Attorney General for Immigration Affairs

with respect to any policy or operation of the Bureau of Citizenship and Immigration Services that may affect the Bureau of Immigration Enforcement,

including potentially conflicting policies or operations;

(D) shall meet regularly with the Ombudsman to correct serious service

problems identified by the Ombudsman; and

(E) shall establish procedures requiring a formal response to any recommendations submitted in the Ombudsman’s annual report to the Congress within 3 months after its submission to the Congress.

(4) STUDENT VISA PROGRAMS.—The Director of the Bureau of Citizenship

and Immigration Services shall designate an official to be responsible for administering student visa programs and the Student and Exchange Visitor Information System established under section 641 of the Illegal Immigration Reform

and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372), and successor programs and systems, until September 30, 2004. The Director may continue such

policy after September 30, 2004, at the Director’s discretion. The Director shall

provide any information collected by the Student and Exchange Visitor Information System to the Director of the Bureau of Immigration Enforcement that is

necessary for the performance of the functions of the Bureau of Immigration

Enforcement.

(b) TRANSFER OF FUNCTIONS FROM COMMISSIONER.—There are transferred from

the Commissioner of the Immigration and Naturalization Service to the Director of

the Bureau of Citizenship and Immigration Services the following functions, and all

personnel, infrastructure, and funding provided to the Commissioner in support of

such functions immediately before the effective date specified in section 15(a):

(1) Adjudications of nonimmigrant and immigrant visa petitions.

(2) Adjudications of naturalization petitions.

(3) Adjudications of asylum and refugee applications.

(4) Adjudications performed at service centers.

(5) All other adjudications performed by the Immigration and Naturalization Service immediately before the effective date specified in section 15(a).

(c) OFFICE OF POLICY AND STRATEGY.—There is established in the Bureau of

Citizenship and Immigration Services an office to be known as the ‘‘Office of Policy

and Strategy’’. The head of the Office of Policy and Strategy shall be the Chief of

the Office of Policy and Strategy. In consultation with Bureau of Citizenship and

Immigration Services personnel in field offices, the Chief of the Office of Policy and

Strategy shall be responsible for—

(1) establishing national immigration services policies and priorities;

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(2) performing policy research and analysis on immigration services issues;

and

(3) coordinating immigration policy issues with the Chief of the Office of

Policy and Strategy for the Bureau of Immigration Enforcement and the Associate Attorney General for Immigration Affairs through the Policy Advisor for

the Associate Attorney General for Immigration Affairs, as appropriate.

(d) LEGAL ADVISOR.—There may be a position of Legal Advisor for the Bureau

of Citizenship and Immigration Services.

(e) CHIEF BUDGET OFFICER FOR BUREAU OF CITIZENSHIP AND IMMIGRATION

SERVICES.—There shall be a position of Chief Budget Officer for the Bureau of Citizenship and Immigration Services. The Chief Budget Officer shall be responsible for

formulating and executing the budget of the Bureau of Citizenship and Immigration

Services. The Chief Budget Officer shall report to the Director of the Bureau of Citizenship and Immigration Services and shall provide information to, and coordinate

resolution of relevant issues with, the Chief Financial Officer for the Associate Attorney General for Immigration Affairs.

(f) OFFICE OF CONGRESSIONAL, INTERGOVERNMENTAL, AND PUBLIC AFFAIRS.—

There is established in the Bureau of Citizenship and Immigration Services an office

to be known as the ‘‘Office of Congressional, Intergovernmental, and Public Affairs’’.

The head of such office shall be the Chief of the Office of Congressional, Intergovernmental, and Public Affairs. The Chief shall be responsible for—

(1) providing information relating to immigration services to the Congress,

including information on specific cases relating to immigration services;

(2) serving as a liaison with other Federal agencies on immigration services

issues; and

(3) responding to inquiries from the media and general public on immigration services issues.

(g) OFFICE OF CITIZENSHIP.—There is established in the Bureau of Citizenship

and Immigration Services an office to be known as the ‘‘Office of Citizenship’’. The

head of such office shall be the Chief of the Office of Citizenship. The Chief shall

be responsible for promoting instruction and training on citizenship responsibilities

for aliens interested in becoming naturalized citizens of the United States, including

the development of educational materials.

(h) SECTORS.—Headed by sector directors, and located in appropriate geographic

locations, sectors of the Bureau of Citizenship and Immigration Services shall be responsible for directing all aspects of the operations of the Bureau of Citizenship and

Immigration Services within their assigned geographic areas of activity. Sector directors shall provide general guidance and supervision to the field offices of the Bureau of Citizenship and Immigration Services within their sectors.

(i) FIELD OFFICES.—Headed by field directors, who may be assisted by deputy

field directors, field offices of the Bureau of Citizenship and Immigration Services

shall be responsible for assisting the Director of the Bureau of Citizenship and Immigration Services in carrying out the Director’s functions. Field directors shall be

subject to the general supervision and direction of their respective sector director,

except that field directors outside of the United States shall be subject to the general supervision and direction of the Director of the Bureau of Citizenship and Immigration Services. All field directors shall remain accountable to, and receive their

authority from, the Director of the Bureau of Citizenship and Immigration Services,

in order to ensure consistent application and implementation of policies nationwide.

(j) SERVICE CENTERS.—Headed by service center directors, service centers of the

Bureau of Citizenship and Immigration Services shall be responsible for assisting

the Director of the Bureau of Citizenship and Immigration Services in carrying out

the Director’s functions that can be effectively carried out at remote locations. Service center directors are subject to the general supervision and direction of their respective sector director, except that all service center directors shall remain accountable to, and receive their authority from, the Director of the Bureau of Citizenship

and Immigration Services, in order to ensure consistent application and implementation of policies nationwide.

(k) TRANSFER AND REMOVAL.—Notwithstanding any other provision of law, the

Director of the Bureau of Citizenship and Immigration Services may, in the Director’s discretion, transfer or remove any sector director, field director, or service center director.

(l) MISSION.—It shall be the mission of the field offices and service centers of

the Bureau of Citizenship and Immigration Services to directly and consistently follow all instructions and guidelines of the Director of the Bureau of Citizenship and

Immigration Services and the Associate Attorney General for Immigration Affairs

in order to ensure the development of a cohesive and consistent national immigration policy.

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(m) REFERENCES.—With respect to any function transferred by this section or

Act to, and exercised on or after the effective date specified in section 15(a) by, the

Director of the Bureau of Citizenship and Immigration Services, any reference in

any other Federal law, Executive order, rule, regulation, or delegation of authority,

or any document of or pertaining to a component of government from which such

function is transferred—

(1) to the head of such component is deemed to refer to the Director of the

Bureau of Citizenship and Immigration Services; or

(2) to such component is deemed to refer to the Bureau of Citizenship and

Immigration Services.

SEC. 5. OFFICE OF THE OMBUDSMAN.

(a) FUNCTIONS.—It shall be the function of the Office of the Ombudsman established under section 3—

(1) to assist individuals and employers in resolving problems with the Bureau of Citizenship and Immigration Services;

(2) to identify areas in which individuals and employers have problems in

dealing with the Bureau of Citizenship and Immigration Services;

(3) to the extent possible, to propose changes in the administrative practices

of the Bureau of Citizenship and Immigration Services to mitigate problems

identified under paragraph (2); and

(4) to identify potential legislative changes that may be appropriate to mitigate such problems.

(b) ANNUAL REPORTS.—

(1) OBJECTIVES.—Not later than June 30 of each calendar year, the Ombudsman shall report to the Committee on the Judiciary of the United States

House of Representatives and the Senate on the objectives of the Office of the

Ombudsman for the fiscal year beginning in such calendar year. Any such report shall contain full and substantive analysis, in addition to statistical information, and—

(A) shall identify the initiatives the Office of the Ombudsman has

taken on improving services and responsiveness of the Bureau of Citizenship and Immigration Services;

(B) shall contain a summary of the most pervasive and serious problems encountered by individuals and employers, including a description of

the nature of such problems;

(C) shall contain an inventory of the items described in subparagraphs

(A) and (B) for which action has been taken and the result of such action;

(D) shall contain an inventory of the items described in subparagraphs

(A) and (B) for which action remains to be completed and the period during

which each item has remained on such inventory;

(E) shall contain an inventory of the items described in subparagraphs

(A) and (B) for which no action has been taken, the period during which

each item has remained on such inventory, the reasons for the inaction, and

shall identify any official of the Bureau of Citizenship and Immigration

Services who is responsible for such inaction;

(F) shall contain recommendations for such administrative and legislative action as may be appropriate to resolve problems encountered by individuals and employers, including problems created by excessive backlogs in

the adjudication and processing of immigration benefit petitions and applications; and

(G) shall include such other information as the Ombudsman may deem

advisable.

(2) REPORT TO BE SUBMITTED DIRECTLY.—Each report required under this

subsection shall be provided directly to the committees described in paragraph

(1) without any prior review or comment from the Attorney General, Associate

Attorney General for Immigration Affairs, any other officer or employee of the

Department of Justice or the Office of Management and Budget.

(c) OTHER RESPONSIBILITIES.—The Ombudsman—

(1) shall monitor the coverage and geographic allocation of local offices of

the Ombudsman;

(2) shall develop guidance to be distributed to all officers and employees of

the Bureau of Citizenship and Immigration Services outlining the criteria for

referral of inquiries to local offices of the Ombudsman;

(3) shall ensure that the local telephone number for each local office of the

Ombudsman is published and available to individuals and employers served by

the office; and

(4) shall meet regularly with the Director of the Bureau of Citizenship and

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ommendations for such administrative action as may be appropriate to resolve

problems encountered by individuals and employers.

(d) PERSONNEL ACTIONS.—

(1) IN GENERAL.—The Ombudsman shall have the responsibility and

authority—

(A) to appoint local ombudsmen and make available at least 1 such ombudsman for each State; and

(B) to evaluate and take personnel actions (including dismissal) with

respect to any employee of any local office of the Ombudsman.

(2) CONSULTATION.—The Ombudsman may consult with the appropriate supervisory personnel of the Bureau of Citizenship and Immigration Services in

carrying out the Ombudsman’s responsibilities under this subsection.

(e) RESPONSIBILITIES OF BUREAU OF CITIZENSHIP AND IMMIGRATION SERVICES.—

The Director of the Bureau of Citizenship and Immigration Services shall establish

procedures requiring a formal response to all recommendations submitted to such

director by the Ombudsman within 3 months after submission to such director.

(f) OPERATION OF LOCAL OFFICES.—

(1) IN GENERAL.—Each local ombudsman—

(A) shall report to the Ombudsman or the delegate thereof;

(B) may consult with the appropriate supervisory personnel of the Bureau of Citizenship and Immigration Services regarding the daily operation

of the local office of such ombudsman;

(C) shall, at the initial meeting with any individual or employer seeking the assistance of such local office, notify such individual or employer

that the local offices of the Ombudsman operate independently of any other

component in the Office of the Associate Attorney General for Immigration

Affairs and report directly to the Congress through the Ombudsman; and

(D) at the local ombudsman’s discretion, may determine not to disclose

to the Bureau of Citizenship and Immigration Services contact with, or information provided by, such individual or employer.

(2) MAINTENANCE OF INDEPENDENT COMMUNICATIONS.—Each local office of

the Ombudsman shall maintain a phone, facsimile, and other means of electronic communication access, and a post office address, that is separate from

those maintained by the Bureau of Citizenship and Immigration Services, or

any component of the Bureau of Citizenship and Immigration Services.

SEC. 6. ESTABLISHMENT OF BUREAU OF IMMIGRATION ENFORCEMENT.

(a) ESTABLISHMENT OF BUREAU.—

(1) IN GENERAL.—There is established in the Department of Justice a bureau to be known as the ‘‘Bureau of Immigration Enforcement’’.

(2) DIRECTOR.—The head of the Bureau of Immigration Enforcement shall

be the Director of the Bureau of Immigration Enforcement, who—

(A) shall report directly to the Associate Attorney General for Immigration Affairs; and

(B) shall have a minimum of 10 years professional experience in law

enforcement, at least 5 of which shall have been years of service in a managerial capacity.

(3) FUNCTIONS.—The Director of the Bureau of Immigration Enforcement—

(A) shall establish the policies for performing such functions as are

transferred to the Director by this section or this Act or otherwise vested

in the Director by law;

(B) shall oversee the administration of such policies; and

(C) shall advise the Associate Attorney General for Immigration Affairs

with respect to any policy or operation of the Bureau of Immigration Enforcement that may affect the Bureau of Citizenship and Immigration Services, including potentially conflicting policies or operations.

(b) TRANSFER OF FUNCTIONS.—There are transferred from the Commissioner of

the Immigration and Naturalization Service to the Director of the Bureau of Immigration Enforcement all functions performed under the following programs, and all

personnel, infrastructure, and funding provided to the Commissioner in support of

such programs immediately before the effective date specified in section 15(a):

(1) The Border Patrol program.

(2) The detention and removal program.

(3) The intelligence program.

(4) The investigations program.

(5) The inspections program.

(c) OFFICE OF POLICY AND STRATEGY.—There is established in the Bureau of Immigration Enforcement an office to be known as the ‘‘Office of Policy and Strategy’’.

The head of the Office of Policy and Strategy shall be the Chief of the Office of PolVerDate 11-MAY-2000 20:58 Apr 19, 2002 Jkt 099006 PO 00000 Frm 00009 Fmt 6659 Sfmt 6621 E:\HR\OC\HR413.XXX pfrm01 PsN: HR413
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icy and Strategy. In consultation with Bureau of Immigration Enforcement personnel in field offices, the Chief of the Office of Policy and Strategy shall be responsible for—

(1) establishing national immigration enforcement policies and priorities;

(2) performing policy research and analysis on immigration enforcement

issues; and

(3) coordinating immigration policy issues with the Chief of the Office of

Policy and Strategy for the Bureau of Citizenship and Immigration Services and

the Associate Attorney General for Immigration Affairs through the Policy Advisor for the Associate Attorney General for Immigration Affairs, as appropriate.

(d) LEGAL ADVISOR.—There may be a position of Legal Advisor for the Bureau

of Immigration Enforcement.

(e) CHIEF BUDGET OFFICER FOR THE BUREAU OF IMMIGRATION ENFORCEMENT.—

There shall be a position of Chief Budget Officer for the Bureau of Immigration Enforcement. The Chief Budget Officer shall be responsible for formulating and executing the budget of the Bureau of Immigration Enforcement. The Chief Budget Officer shall report to the Director of the Bureau of Immigration Enforcement and

shall provide information to, and coordinate resolution of relevant issues with, the

Chief Financial Officer for the Associate Attorney General for Immigration Affairs.

(f) OFFICE OF CONGRESSIONAL, INTERGOVERNMENTAL, AND PUBLIC AFFAIRS.—

There is established in the Bureau of Immigration Enforcement an office to be

known as the ‘‘Office of Congressional, Intergovernmental, and Public Affairs’’. The

head of such office shall be the Chief of the Office of Congressional, Intergovernmental, and Public Affairs. The Chief shall be responsible for—

(1) providing information relating to immigration enforcement to the Congress, including information on specific cases relating to immigration enforcement;

(2) serving as a liaison with other Federal agencies on immigration enforcement issues; and

(3) responding to inquiries from the media and the general public on immigration enforcement issues.

(g) SECTORS.—Headed by sector directors, and located in appropriate geographic

locations, sectors of the Bureau of Immigration Enforcement shall be responsible for

directing all aspects of the operations of the Bureau of Immigration Enforcement

within their assigned geographic areas of activity. Sector directors shall provide general guidance and supervision to the field offices of the Bureau of Immigration Enforcement within their sectors.

(h) FIELD OFFICES.—Headed by field directors, who may be assisted by deputy

field directors, field offices of the Bureau of Immigration Enforcement shall be responsible for assisting the Director of the Bureau of Immigration Enforcement in

carrying out the Director’s functions. Field directors shall be subject to the general

supervision and direction of their respective sector director, except that field directors outside of the United States shall be subject to the general supervision and direction of the Director of the Bureau of Immigration Enforcement. All field directors

shall remain accountable to, and receive their authority from, the Director of the

Bureau of Immigration Enforcement, in order to ensure consistent application and

implementation of policies nationwide. There shall be a field office of the Bureau

of Immigration Enforcement situated in at least every location where there is situated a field office of the Bureau of Citizenship and Immigration Services.

(i) BORDER PATROL SECTORS.—Headed by chief patrol agents, who may be assisted by deputy chief patrol agents, border patrol sectors of the Bureau of Immigration Enforcement shall be responsible for the enforcement of the Immigration and

Nationality Act (8 U.S.C. 1101 et seq.) and all other laws relating to immigration

and naturalization within their assigned geographic areas of activity, unless any

such power and authority is required to be exercised by higher authority or has

been exclusively delegated to another immigration official or class of immigration

officer. Chief patrol agents are subject to the general supervision and direction of

their respective sector director, except that they shall remain accountable to, and

receive their authority from, the Director of the Bureau of Immigration Enforcement, in order to ensure consistent application and implementation of policies nationwide.

(j) TRANSFER AND REMOVAL.—Notwithstanding any other provision of law, the

Director of the Bureau of Immigration Enforcement may, in the Director’s discretion, transfer or remove any sector director, field director, or chief patrol officer.

(k) REFERENCES.—With respect to any function transferred by this section or

Act to, and exercised on or after the effective date specified in section 15(a) by, the

Director of the Bureau of Immigration Enforcement, any reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any docuVerDate 11-MAY-2000 20:58 Apr 19, 2002 Jkt 099006 PO 00000 Frm 00010 Fmt 6659 Sfmt 6621 E:\HR\OC\HR413.XXX pfrm01 PsN: HR413
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ment of or pertaining to a component of government from which such function is

transferred—

(1) to the head of such component is deemed to refer to the Director of the

Bureau of Immigration Enforcement; or

(2) to such component is deemed to refer to the Bureau of Immigration Enforcement.

SEC. 7. OFFICE OF IMMIGRATION STATISTICS WITHIN BUREAU OF JUSTICE STATISTICS.

(a) IN GENERAL.—Part C of title I of the Omnibus Crime Control and Safe

Streets Act of 1968 (42 U.S.C. 3731 et seq.) is amended by adding at the end the

following:

‘‘OFFICE OF IMMIGRATION STATISTICS

‘‘SEC. 305. (a) There is established within the Bureau of Justice Statistics of the

Department of Justice an Office of Immigration Statistics (in this section referred

to as the ‘Office’), which shall be headed by a Director who shall be appointed by

the Attorney General and who shall report to the Director of Justice Statistics.

‘‘(b) The Director of the Office shall be responsible for the following:

‘‘(1) Maintenance of all immigration statistical information of the Office of

the Associate Attorney General for Immigration Affairs, the Bureau of Citizenship and Immigration Services, the Bureau of Immigration Enforcement, and

the Executive Office for Immigration Review. Such statistical information shall

include information and statistics of the type contained in the publication entitled ‘Statistical Yearbook of the Immigration and Naturalization Service’ prepared by the Immigration and Naturalization Service (as in effect on the day

prior to the effective date specified in section 15(a) of the Barbara Jordan Immigration Reform and Accountability Act of 2002).

‘‘(2) Establishment of standards of reliability and validity for immigration

statistics collected by the Office of the Associate Attorney General for Immigration Affairs, the Bureau of Citizenship and Immigration Services, the Bureau

of Immigration Enforcement, and the Executive Office for Immigration Review.

‘‘(c) The Office of the Associate Attorney General for Immigration Affairs, the

Bureau of Citizenship and Immigration Services, the Bureau of Immigration Enforcement, and the Executive Office for Immigration Review shall provide statistical

information to the Office of Immigration Statistics from the operational data systems controlled by the Office of the Associate Attorney General for Immigration Affairs, the Bureau of Citizenship and Immigration Services, the Bureau of Immigration Enforcement, and the Executive Office for Immigration Review, respectively, for

the purpose of meeting the responsibilities of the Director.’’.

(b) TRANSFER OF FUNCTIONS.—There are transferred to the Office of Immigration Statistics established under section 305 of the Omnibus Crime Control and Safe

Streets Act of 1968, as added by subsection (a), the functions performed by the Statistics Branch of the Office of Policy and Planning of the Immigration and Naturalization Service on the day before the effective date specified in section 15(a).

(c) CONFORMING AMENDMENTS.—Section 302(c) of the Omnibus Crime Control

and Safe Streets Act of 1968 (42 U.S.C. 3732(c)) is amended—

(1) by striking ‘‘and’’ at the end of paragraph (22);

(2) by striking the period at the end of paragraph (23) and inserting ‘‘; and’’;

and

(3) by adding at the end the following:

‘‘(24) collect, maintain, compile, analyze, publish, and disseminate information and statistics about immigration in the United States, including information and statistics involving the functions of the Office of the Associate Attorney

General for Immigration Affairs, the Bureau of Citizenship and Immigration

Services, the Bureau of Immigration Enforcement, and the Executive Office for

Immigration Review.’’.

SEC. 8. EXERCISE OF AUTHORITIES.

(a) IN GENERAL.—Except as otherwise provided by law, a Federal official to

whom a function is transferred by this Act may, for purposes of performing the function, exercise all authorities under any other provision of law that were available

with respect to the performance of that function to the official responsible for the

performance of the function immediately before the effective date specified in section

15(a).

(b) PRESERVATION OF ATTORNEY GENERAL’S AUTHORITY.—

(1) IN GENERAL.—Any function for which this Act vests responsibility in an

official other than the Attorney General, or which is transferred by this Act to

such an official, may, notwithstanding any provision of this Act, be performed

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by the Attorney General, or the Attorney General’s delegate, in lieu of such official.

(2) REFERENCES.—In a case in which the Attorney General performs a function described in paragraph (1), any reference in any other Federal law, Executive order, rule, regulation, document, or delegation of authority to the official

otherwise responsible for the function is deemed to refer to the Attorney General.

(c) STATUTORY CONSTRUCTION.—Nothing in this Act may be construed to preclude or limit in any way the powers, authorities, or duties of the Secretary of State

and special agents of the Department of State and the Foreign Service under the

State Department Basic Authorities Act of 1956 (22 U.S.C. 2651 note), the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), or any other Act, to investigate illegal passport or visa issuance or use.

SEC. 9. SAVINGS PROVISIONS.

(a) LEGAL DOCUMENTS.—All orders, determinations, rules, regulations, permits,

grants, loans, contracts, agreements, recognition of labor organizations, certificates,

licenses, and privileges— (1) that have been issued, made, granted, or allowed to become effective by

the President, the Attorney General, the Commissioner of the Immigration and

Naturalization Service, their delegates, or any other Government official, or by

a court of competent jurisdiction, in the performance of any function that is

transferred by this Act; and

(2) that are in effect on the effective date of such transfer (or become effective after such date pursuant to their terms as in effect on such effective date),

shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, any other authorized official, a court of competent jurisdiction, or operation of law.

(b) PROCEEDINGS.—Sections 4 and 6 and this section shall not affect any proceedings or any application for any benefit, service, license, permit, certificate, or

financial assistance pending on the effective date specified in section 15(a) before

an office whose functions are transferred by this Act, but such proceedings and applications shall be continued. Orders shall be issued in such proceedings, appeals

shall be taken therefrom, and payments shall be made pursuant to such orders, as

if this Act had not been enacted, and orders issued in any such proceeding shall

continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. Nothing

in this section shall be considered to prohibit the discontinuance or modification of

any such proceeding under the same terms and conditions and to the same extent

that such proceeding could have been discontinued or modified if this section had

not been enacted.

(c) SUITS.—This Act shall not affect suits commenced before the effective date

specified in section 15(a), and in all such suits, proceedings shall be had, appeals

taken, and judgments rendered in the same manner and with the same effect as

if this Act had not been enacted.

(d) NONABATEMENT OF ACTIONS.—No suit, action, or other proceeding commenced by or against the Department of Justice or the Immigration and Naturalization Service, or by or against any individual in the official capacity of such individual as an officer or employee in connection with a function transferred by this

Act, shall abate by reason of the enactment of this Act.

(e) CONTINUANCE OF SUITS.—If any Government officer in the official capacity

of such officer is party to a suit with respect to a function of the officer, and under

this Act (or an amendment made by this Act) such function is transferred to any

other officer or office, then such suit shall be continued with the other officer or the

head of such other office, as applicable, substituted or added as a party.

(f) ADMINISTRATIVE PROCEDURE AND JUDICIAL REVIEW.—Except as otherwise

provided by this Act, any statutory requirements relating to notice, hearings, action

upon the record, or administrative or judicial review that apply to any function

transferred by this Act shall apply to the exercise of such function by the head of

the office, and other officers of the office, to which such function is transferred by

this Act.

SEC. 10. TRANSFER AND ALLOCATION OF APPROPRIATIONS AND PERSONNEL.

(a) IN GENERAL.—The personnel of the Department of Justice employed in connection with the functions transferred by this Act (and functions that the Attorney

General determines are properly related to the functions of the Bureau of Citizenship and Immigration Services or the Bureau of Immigration Enforcement and

would, if transferred, further the purposes of the bureau to which the function is

transferred), and the assets, liabilities, contracts, property, records, and unexpended

balance of appropriations, authorizations, allocations, and other funds employed,

13

held, used, arising from, available to, or to be made available to, the Immigration

and Naturalization Service or the Office of Immigration Litigation of the Civil Division in connection with the functions transferred by this Act, subject to section 202

of the Budget and Accounting Procedures Act of 1950, shall be transferred to the

Associate Attorney General for Immigration Affairs for allocation to the appropriate

component or bureau. Unexpended funds transferred pursuant to this subsection

shall be used only for the purposes for which the funds were originally authorized

and appropriated. The Attorney General shall have the right to adjust or realign

transfers of funds and personnel effected pursuant to this Act for a period of 2 years

after the effective date specified in section 15(a).

(b) DELEGATION AND ASSIGNMENT.—Except as otherwise expressly prohibited by

law or otherwise provided in this Act, of the Associate Attorney General for Immigration Affairs, the Director of the Bureau of Citizenship and Immigration Services,

and the Director of the Bureau of Immigration Enforcement, the person to whom

functions are transferred under this Act may delegate any of the functions so transferred to such officers and employees of the Office of the Associate Attorney General

for Immigration Affairs, the Bureau of Citizenship and Immigration Services, or the

Bureau of Immigration Enforcement, respectively, as the person 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 Act shall relieve the official to whom a function is transferred under

this Act of responsibility for the administration of the function.

(c) AUTHORITIES OF ATTORNEY GENERAL.—The Attorney General (or a delegate

of the Attorney General), at such time or times as the Attorney General (or the delegate) shall provide, may make such determinations as may be necessary with regard

to the functions transferred by this Act, and may make such additional incidental

dispositions of personnel, assets, liabilities, grants, contracts, property, records, and

unexpended balances of appropriations, authorizations, allocations, and other funds

held, used, arising from, available to, or to be made available in connection with

such functions, as may be necessary to carry out the provisions of this Act. The Attorney General shall provide for such further measures and dispositions as may be

necessary to effectuate the purposes of this Act.

(d) DATABASES.—The Associate Attorney General for Immigration Affairs shall

ensure that the databases of the Office of the Associate Attorney General for Immigration Affairs and those of the Bureau of Citizenship and Immigration Services and

the Bureau of Immigration Enforcement are integrated with the databases of the

Executive Office for Immigration Review in such a way as to permit—

(1) the electronic docketing of each case by date of service upon the alien

of the notice to appear in the case of a removal proceeding (or an order to show

cause in the case of a deportation proceeding, or a notice to alien in the case

of an exclusion proceeding); and

(2) the tracking of the status of any alien throughout the alien’s contact

with United States immigration authorities, without regard to whether the entity with jurisdiction over the alien is the Bureau of Citizenship and Immigration

Services, the Bureau of Immigration Enforcement, or the Executive Office for

Immigration Review.

SEC. 11. AUTHORIZATION OF APPROPRIATIONS; PROHIBITION ON TRANSFER OF FEES; LEASING OR ACQUISITION OF PROPERTY; SENSE OF CONGRESS.

(a) AUTHORIZATION OF APPROPRIATIONS FOR TRANSITION.—

(1) IN GENERAL.—There are authorized to be appropriated such sums as

may be necessary to effect the abolition of the Immigration and Naturalization

Service, the establishment of the Office of the Associate Attorney General for

Immigration Affairs, the Bureau of Citizenship and Immigration Services, and

the Bureau of Immigration Enforcement and their components, and the transfers of functions required to be made under this Act (and the amendments made

by this Act), and to carry out any other duty related to the reorganization of

the immigration and naturalization functions that is made necessary by this Act

(or any such amendment).

(2) AVAILABILITY OF FUNDS.—Amounts appropriated under paragraph (1)

shall remain available until expended.

(3) TRANSITION ACCOUNT.—

(A) ESTABLISHMENT.—There is established in the general fund of the

Treasury of the United States a separate account, which shall be known as

the ‘‘Immigration Reorganization Transition Account’’ (in this paragraph referred to as the ‘‘Account’’).

(B) USE OF ACCOUNT.—There shall be deposited into the Account all

amounts appropriated under paragraph (1).

14

(C) ADVANCED AVAILABILITY OF FUNDS.—To the extent provided in appropriations Acts, funds in the Account shall be available for expenditure

before the effective date specified in section 15(a).

(b) SEPARATION OF FUNDING.—

(1) IN GENERAL.—There shall be established separate accounts in the Treasury of the United States for appropriated funds and other deposits available for

the Bureau of Citizenship and Immigration Services and the Bureau of Immigration Enforcement.

(2) SEPARATE BUDGETS.—To ensure that the Bureau of Citizenship and Immigration Services and the Bureau of Immigration Enforcement are funded to

the extent necessary to fully carry out their respective functions, the Director

of the Office of Management and Budget shall separate the budget requests for

each such entity.

(3) FEES.—Fees imposed for a particular service, application, or benefit

shall be deposited into the account established under paragraph (1) that is for

the bureau with jurisdiction over the function to which the fee relates.

(4) FEES NOT TRANSFERABLE.—No fee may be transferred between the Bureau of Citizenship and Immigration Services and the Bureau of Immigration

Enforcement for purposes not authorized by section 286 of the Immigration and

Nationality Act (8 U.S.C. 1356).

(5) ESTABLISHMENT OF FEES FOR ADJUDICATION AND NATURALIZATION SERV- ICES.—Section 286(m) of the Immigration and Nationality Act (8 U.S.C.

1356(m)) is amended by striking ‘‘services, including the costs of similar services

provided without charge to asylum applicants or other immigrants.’’ and inserting ‘‘services.’’.

(6) AUTHORIZATION OF APPROPRIATIONS FOR REFUGEE AND ASYLUM ADJUDICATIONS.—There are authorized to be appropriated such sums as may be necessary to carry out the provisions of sections 207 through 209 of the Immigration and Nationality Act (8 U.S.C. 1157–1159). All funds appropriated under

this paragraph shall be deposited into the Immigration Examinations Fee Account established under section 286(m) of the Immigration and Nationality Act

(8 U.S.C. 1356(m)) and shall remain available until expended.

(c) LEASING OR ACQUISITION OF PROPERTY.—Notwithstanding the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.), the Attorney

General is authorized to expend, from the appropriation provided for the administration and enforcement of the Immigration and Nationality Act (8 U.S.C. 1101 et

seq.), such amounts as may be necessary for the leasing or acquisition of property

in the fulfillment of establishing the Office of the Associate Attorney General for Immigration Affairs, the Bureau of Citizenship and Immigration Services, and the Bureau of Immigration Enforcement under this Act.

(d) SENSE OF CONGRESS.—It is the sense of the Congress that—

(1) the missions of the Office of the Associate Attorney General for Immigration Affairs, the Bureau of Citizenship and Immigration Services, and the

Bureau of Immigration Enforcement are equally important and, accordingly,

they each should be adequately funded; and

(2) the functions of the Associate Attorney General for Immigration Affairs

described in section 3, the immigration adjudication and service functions referred to in section 4, and the immigration enforcement functions referred to in

section 6 should not operate at levels below that in existence prior to the enactment of this Act.

(e) ELIMINATION OF LIMITATION ON EXPENDITURES FOR BACKLOG REDUCTION.—

Section 204(b) of the Immigration Services and Infrastructure Improvements Act of

2000 (8 U.S.C. 1573(b)) is amended by striking paragraph (4).

SEC. 12. REPORTS AND IMPLEMENTATION PLANS.

(a) DIVISION OF FUNDS.—The Attorney General, not later than 120 days after

the date of the enactment of this Act, shall submit to the Committees on Appropriations and the Judiciary of the United States House of Representatives and of the

Senate a report on the proposed division and transfer of funds, including unexpended funds, appropriations, and fees, among the Office of the Associate Attorney

General for Immigration Affairs, the Bureau of Citizenship and Immigration Services, and the Bureau of Immigration Enforcement.

(b) DIVISION OF PERSONNEL.—The Attorney General, not later than 120 days

after the date of the enactment of this Act, shall submit to the Committees on Appropriations and the Judiciary of the United States House of Representatives and

of the Senate a report on the proposed division of personnel among the Office of the

Associate Attorney General for Immigration Affairs, the Bureau of Citizenship and

Immigration Services, and the Bureau of Immigration Enforcement.

(c) IMPLEMENTATION PLAN.—

15

(1) IN GENERAL.—The Attorney General, not later than 120 days after the

date of the enactment of this Act, and every 6 months thereafter until the termination of fiscal year 2005, shall submit to the Committees on Appropriations

and the Judiciary of the United States House of Representatives and of the Senate an implementation plan to carry out this Act.

(2) CONTENTS.—The implementation plan should include details concerning

the separation of the Office of the Associate Attorney General for Immigration

Affairs, the Bureau of Citizenship and Immigration Services, and the Bureau

of Immigration Enforcement, including the following:

(A) Organizational structure, including the field structure.

(B) Chain of command.

(C) Procedures for interaction among such office and bureaus.

(D) Procedures for the Director of Shared Services to perform all shared

support functions, including authorizing the Director of the Bureau of Citizenship and Immigration Services and the Director of the Bureau of Immigration Enforcement to approve training curricula and to acquire such supplies and equipment as may be necessary to perform the daily operations

of that director’s bureau.

(E) Procedures to establish separate accounts and financial management systems for the Bureau of Citizenship and Immigration Services and

the Bureau of Immigration Enforcement, and to implement all provisions

of section 11(b).

(F) Fraud detection and investigation.

(G) The processing and handling of removal proceedings, including expedited removal and applications for relief from removal.

(H) Recommendations for conforming amendments to the Immigration

and Nationality Act (8 U.S.C. 1101 et seq.).

(I) Establishment of a transition team.

(J) Ways to phase in the costs of separating the administrative support

systems of the Immigration and Naturalization Service in order to provide

for separate administrative support systems for the Bureau of Citizenship

and Immigration Services and the Bureau of Immigration Enforcement in

instances where separate systems are more efficient or effective.

(d) REPORT ON IMPROVING IMMIGRATION SERVICES.—

(1) IN GENERAL.—The Attorney General, not later than 1 year after the date

of the enactment of this Act, shall submit to the Committees on the Judiciary

and Appropriations of the United States House of Representatives and of the

Senate a report containing a plan for how the Director of the Bureau of Citizenship and Immigration Services will complete efficiently, fairly, and within a reasonable time, the adjudications described in paragraphs (1) through (5) of section 4(b).

(2) CONTENTS.—For each type of adjudication to be undertaken by the Director of the Bureau of Citizenship and Immigration Services, the report shall

include the following:

(A) Any potential savings of resources that may be implemented without affecting the quality of the adjudication.

(B) The goal for processing time with respect to the application.

(C) Any statutory modifications with respect to the adjudication that

the Attorney General considers advisable.

(3) CONSULTATION.—In carrying out paragraph (1), the Attorney General

shall consult with the Secretary of State, the Secretary of Labor, the Associate

Attorney General for Immigration Affairs, the Director of the Bureau of Immigration Enforcement, and the Director of the Executive Office for Immigration

Review to determine how to streamline and improve the process for applying

for and making adjudications described in section 4(b) and related processes.

(e) REPORT ON IMPROVING ENFORCEMENT FUNCTION.—

(1) IN GENERAL.—The Attorney General, not later than 1 year after the date

of the enactment of this Act, shall submit to the Committees on Appropriations

and the Judiciary of the United States House of Representatives and of the Senate a report with a plan detailing how the Bureau of Immigration Enforcement,

after the transfer of functions performed under the programs described in paragraphs (1) through (5) of section 6(b), will enforce comprehensively, effectively,

and fairly all the enforcement provisions of the Immigration and Nationality

Act (8 U.S.C. 1101 et seq.) relating to such programs.

(2) CONSULTATION.—In carrying out paragraph (1), the Attorney General

shall consult with the Secretary of State, the Director of the Federal Bureau

of Investigation, the Secretary of the Treasury, the Secretary of Labor, the Commissioner of Social Security, the Associate Attorney General for Immigration Affairs, the Director of the Bureau of Citizenship and Immigration Services, the

16

Director of the Executive Office for Immigration Review, and the heads of State

and local law enforcement agencies to determine how to most effectively conduct

enforcement operations.

(f) REPORT ON SHARED SERVICES.—The Attorney General, not later than 3 years

after the effective date specified in section 15(a), shall submit to the Committees on

the Judiciary and Appropriations of the United States House of Representatives and

of the Senate a report on whether the Director of Shared Services is properly serving the Bureau of Citizenship and Immigration Services and the Bureau of Immigration Enforcement. The report should address whether it would be more efficient

to transfer one or more of the functions described in section 3 to the Director of the

Bureau of Citizenship and Immigration Services or the Director of the Bureau of

Immigration Enforcement, and shall include an estimate of the cost of any such

transfer that the Attorney General recommends. The report should also address

whether it would be more efficient to transfer one or more of the functions described

in sections 4 and 6 to the Office of the Associate Attorney General for Immigration

Affairs, and shall include an estimate of the cost of any such transfer that the Attorney General recommends.

(g) COMPTROLLER GENERAL STUDIES AND REPORTS.— (1) STATUS REPORTS ON TRANSITION.—Not later than 18 months after the effective date specified in section 15(a), and every 6 months thereafter, until full

implementation of this Act has been completed, the Comptroller General of the

United States shall submit to the Committees on Appropriations and on the Judiciary of the United States House of Representatives and the Senate a report

containing the following:

(A) A determination of whether the transfers of functions made by sections 4 and 6 have been completed, and if a transfer of functions has not

taken place, identifying the reasons why the transfer has not taken place.

(B) If the transfers of functions made by sections 4 and 6 have been

completed, an identification of any issues that have arisen due to the completed transfers.

(C) An identification of any issues that may arise due to any future

transfer of functions.

(2) REPORT ON MANAGEMENT.—Not later than 4 years after the effective

date specified in section 15(a), the Comptroller General of the United States

shall submit to the Committees on Appropriations and on the Judiciary of the

United States House of Representatives and the Senate a report, following a

study, containing the following:

(A) Determinations of whether the transfer of functions from the Immigration and Naturalization Service to the Bureau of Citizenship and Immigration Services and the Bureau of Immigration Enforcement, and the

transfer of functions from the Immigration and Naturalization Service and

the Office of Immigration Litigation of the Civil Division to the Office of the

Associate Attorney General for Immigration Affairs, under this Act have

improved, with respect to each function transferred, the following:

(i) Operations.

(ii) Management, including accountability and communication.

(iii) Financial administration.

(iv) Recordkeeping, including information management and technology.

(B) A statement of the reasons for the determinations under subparagraph (A).

(C) Any recommendations for further improvements to the Office of the

Associate Attorney General for Immigration Affairs, the Bureau of Citizenship and Immigration Services, and the Bureau of Immigration Enforcement.

(h) REPORT ON INTERIOR CHECKPOINTS.—Not later than 6 months after the date

of the enactment of this Act, the Attorney General shall submit to the Congress a

report on whether all permanent interior checkpoints operated by the Immigration

and Naturalization Service ought to be closed, and the funds that otherwise would

be expended for the operation of such checkpoints ought to be reallocated for protecting and maintaining the integrity of the borders of the United States and increasing enforcement at other points of entry into the United States.

(i) REPORT ON RESPONDING TO FLUCTUATING NEEDS.—Not later than 30 days

after the date of the enactment of this Act, the Attorney General shall submit to

the Congress a report on changes in law, including changes in authorizations of appropriations and in appropriations, that are needed to permit the Immigration and

Naturalization Service, and, after the effective date specified in section 15(a), the

Bureau of Citizenship and Immigration Services, to ensure a prompt and timely response to emergent, unforeseen, or impending changes in the number of applications

17

for immigration benefits, and otherwise to ensure the accommodation of changing

immigration service needs.

SEC. 13. APPLICATION OF INTERNET-BASED TECHNOLOGIES.

(a) ESTABLISHMENT OF TRACKING SYSTEM.—The Attorney General, not later

than 1 year after the date of the enactment of this Act, in consultation with the

Technology Advisory Committee established under subsection (c), shall establish an

Internet-based system, that will permit a person, employer, immigrant, or nonimmigrant who has filings with the Attorney General for any benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), access to online information

about the processing status of the filing involved.

(b) FEASIBILITY STUDY FOR ONLINE FILING AND IMPROVED PROCESSING.—

(1) ONLINE FILING.—The Attorney General, in consultation with the Technology Advisory Committee established under subsection (c), shall conduct a

feasibility study on the online filing of the filings described in subsection (a).

The study shall include a review of computerization and technology of the Immigration and Naturalization Service relating to the immigration services and

processing of filings related to immigrant services. The study shall also include

an estimate of the timeframe and cost and shall consider other factors in implementing such a filing system, including the feasibility of fee payment online.

(2) REPORT.—A report on the study under this subsection shall be submitted to the Committees on the Judiciary of the United States House of Representatives and the Senate not later than 1 year after the date of the enactment of this Act.

(c) TECHNOLOGY ADVISORY COMMITTEE.—

(1) ESTABLISHMENT.—The Attorney General shall establish, not later than

60 days after the date of the enactment of this Act, an advisory committee (in

this section referred to as the ‘‘Technology Advisory Committee’’) to assist the

Attorney General in—

(A) establishing the tracking system under subsection (a); and

(B) conducting the study under subsection (b).

The Technology Advisory Committee shall be established after consultation with

the Committees on the Judiciary of the United States House of Representatives

and the Senate.

(2) COMPOSITION.—The Technology Advisory Committee shall be composed

of representatives from high technology companies capable of establishing and

implementing the system in an expeditious manner, and representatives of persons who may use the tracking system described in subsection (a) and the online filing system described in subsection (b)(1).

SEC. 14. DEFINITIONS.

For purposes of this Act:

(1) The term ‘‘function’’ includes any duty, obligation, power, authority, responsibility, right, privilege, activity, or program.

(2) The term ‘‘office’’ includes any office, administration, agency, bureau, institute, council, unit, organizational entity, or component thereof.

SEC. 15. EFFECTIVE DATE; TRANSITION.

(a) IN GENERAL.—The abolishment of the Immigration and Naturalization Service, the establishment of the Office of the Associate Attorney General for Immigration Affairs, the Bureau of Citizenship and Immigration Services, and the Bureau

of Immigration Enforcement, the transfers of functions specified under this Act, and

the amendments made by this Act, shall take effect 1 year after the date of the enactment of this Act. The Associate Attorney General for Immigration Affairs, the Director of the Bureau of Citizenship and Immigration Services, and the Director of

the Bureau of Immigration Enforcement shall be appointed not later than such effective date. To the extent that functions to be transferred to such persons under

this Act continue to be performed by the Immigration and Naturalization Service

and the Office of Immigration Litigation of the Civil Division during fiscal year

2003, the Attorney General shall provide for an appropriate accounting of funds and

an appropriate transfer of funds appropriated to such entities to the appropriate

component of the Office of the Associate Attorney General for Immigration Affairs,

the Bureau of Citizenship and Immigration Services, or the Bureau of Immigration

Enforcement.

(b) TRANSITION PERIOD FOR CERTAIN BUREAU FUNCTIONS.—Notwithstanding

subsection (a), during the 18-month period after the transfer of functions under this

Act takes effect, the Associate Attorney General for Immigration Affairs is authorized to perform the functions described in subsections (c), (d), and (f) of each of sections 4 and 6 for both the Bureau of Citizenship and Immigration Services and the

Bureau of Immigration Enforcement.

18

1 U.S. Commission on Immigration Reform, Becoming an American: Immigration and Immigrant Policy, 1997 Report to Congress, 148.

SEC. 16. CONFORMING AMENDMENT.

Section 5315 of title 5, United States Code, is amended by striking the following:

‘‘Commissioner of Immigration and Naturalization, Department of Justice.’’.

Amend the title so as to read:

A bill to replace the Immigration and Naturalization Service with the Office of

the Associate Attorney General for Immigration Affairs, the Bureau of Citizenship

and Immigration Services, and the Bureau of Immigration Enforcement, and for

other purposes.

PURPOSE AND SUMMARY

H.R. 3231 replaces the Immigration and Naturalization Service

(INS) with the Office of the Associate Attorney General for Immigration Affairs (AAGIA), the Bureau of Citizenship and Immigration Services (BCIS), and the Bureau of Immigration Enforcement

(BIE).

BACKGROUND AND NEED FOR THE LEGISLATION

The INS has been a beleaguered bureaucracy for decades. Congress has increased the INS’ budget, hoping that additional resources were what was needed to solve the agency’s shortcomings.

The INS’ budget increased from $1.4 billion in fiscal year 1992 to

$5.5 billion in fiscal year 2002. Notwithstanding this budgetary expansion, the INS’ performance has not improved. Most Members of

Congress have grown increasingly frustrated with the INS’ poor

performance in both immigration services and enforcement.

The magnitude of the INS’ problems is extraordinary—it had a

backlog of 4.9 million applications and petitions at the end of fiscal

year 2001, forcing aliens trying to play by the rules to wait in

limbo for years. The Census Bureau estimates that at least 8 million undocumented aliens reside in the U.S. Over 300,000 criminal

and deportable aliens ordered removed by immigration judges have

absconded. Much of the INS’ failure stems from the conflict between its enforcement and service missions. The INS is unable to

adequately perform either of its missions. Rather, the agency appears to move from one crisis to the next, with no coherent strategy

of how to accomplish both missions successfully.

The Immigration Act of 1990 established the U.S. Commission on

Immigration Reform (CIR) to review and evaluate our immigration

system. The CIR, chaired by the late Barbara Jordan, concluded

that the INS suffered from mission overload. The Commission explained that the INS must give equal weight to more priorities

than any one agency can handle. The Commission stated that

‘‘[i]mmigration law enforcement requires staffing, training, resources, and a work culture that differs from what is required for

effective adjudication of benefits or labor standards regulation of

U.S. businesses.’’ 1 Such a system is set up for failure and, with

such failure, further loss of public confidence in the immigration

system.

On the issue of structural and management reform, the CIR

found that the current structure for the administration of the immigration law was problematic. In fact, the CIR found that ‘‘no one

19

2 Id.

agency is likely to have the capacity to accomplish all of the goals

of immigration policy equally well.’’ 2 Also, the CIR stated that the

system compounded the problems of fragmentation, redundancy

and delay. To resolve these problems, the CIR recommended the

dismantling of the INS.

The INS has reorganized itself numerous times in just the last

two decades. However, if one glances at the current organizational

chart of the INS, it is clear how dysfunctional the agency’s structure is, even after these numerous internal reorganizations over

the years. In response to the CIR’s recommendations, several INS

restructuring proposals were offered by Members of Congress,

think tanks, and policy experts. The Fiscal Year 1998 Commerce,

Justice, State Appropriations Conference Report required the Clinton Administration to review the recommendations of the CIR on

restructuring, reorganizing and managing the immigration responsibilities of the INS. The INS rejected the CIR’s recommendations

and presented its own restructuring plan in April 1998. The proposal called for splitting INS’ enforcement components from its

service components, but leaving both within the INS. The proposal

would have eliminated the current INS structure of over 30 district

and 3 regional offices and create new Service and Enforcement

areas. The plan was to have approximately 6 to 12 Immigrant

Service Areas and 6 to 12 Enforcement Areas nation-wide, each

with a separate chain of command reporting to an Executive Associate Commissioner at INS Headquarters. The Commissioner would

maintain control over both branches. However, the INS under

Commissioner Meissner never strongly pursued its own restructuring plan.

A handful of INS restructuring bills were introduced and considered during the 105th and 106th Congresses. The plans ranged

from duplicating the CIR’s recommendation to legislating the

Meissner restructuring plan, from creating totally separate enforcement and service agencies to putting both agencies under the supervision of an Associate Attorney General. However, no bill moved

beyond the Subcommittee level.

During his presidential campaign, then-Governor Bush endorsed

legislation splitting the INS into two separate agencies—one to

deal with the enforcement functions, and the other to handle services, and the creation of an Associate Attorney General to head the

new immigration structure.

Legislation is needed to dismantle the INS and restructure the

immigration organization in a better, more manageable structure.

H.R. 3231 is intended to break the INS into smaller, more manageable pieces that concentrate on very different missions—administering immigration benefits and enforcing immigration laws. By

separating immigration services from enforcement, managers will

no longer be pulled in two directions and both bureaus will make

significant improvements in fulfilling their respective statutory

missions. The BCIS, led by an expert in Government benefits, can

concentrate on improving immigration services and reducing adjudication backlogs for legal immigrants. Likewise, the BIE, led by

a law enforcement professional, will be an agency with a true enforcement mission: denying admission to aliens who should be kept

20

out of the U.S., and apprehending and removing aliens along the

border and in the interior who are deportable. Each bureau will

have a distinct mission, will be able to craft its own policies, will

have its own budget and its own dedicated employees who cannot

be shifted to the other agency. No longer will service be sacrificed

for the sake of enforcement, or enforcement for the sake of service,

as has happened so often in the past. Both functions are equally

important and are treated as such in this legislation.

H.R. 3231’s creation of an Associate Attorney General in the Department of Justice who handles only immigration affairs raises

these issues to the level and attention that they deserve in the Department of Justice. This will also create more accountability for

the actions taken by the bureaus than currently exists in the INS.

The Associate Attorney General will supervise the two bureaus and

resolve conflicts arising between them. An Office of the Associate

Attorney General is created under the control and primary responsibility of the Associate Attorney General. Created within the Associate Attorney General’s Office is a Policy Advisor, General Counsel, Chief Financial Officer, Director of Shared Services, Office of

the Ombudsman, Office of Professional Responsibility and Quality

Review, and Office of Children’s Affairs.

H.R. 3231 also requires the application of Internet-based technologies to track immigration applications as well as to eventually

permit applicants to file applications on-line, thereby improving

customer service.

HEARINGS

A hearing on ‘‘Restructuring the INS—How the Agency’s Dysfunctional Structure Impedes the Performance of its Dual Mission’’

was held on April 9, 2002. The witnesses were: (1) The Honorable

James W. Ziglar, Commissioner of the INS; (2) Richard J. Gallo,

President of the Federal Law Enforcement Officers Association; (3)

Dr. Susan F. Martin, Director for the Institute for the Study of

International Migration at Georgetown University; and (4) Mr.

Lawrence Gonzalez, Washington Director of the National Association of Latino Elected and Appointed Officials (NALEO) Educational Fund.

COMMITTEE CONSIDERATION

On April 10, 2002, the Committee met in open session and ordered favorably reported the bill H.R. 3231, with amendment, by

a recorded vote of 32 to 2, a quorum being present.

VOTE OF THE COMMITTEE

An amendment in the nature of a substitute was offered by Mr.

Sensenbrenner, Mr. Conyers, Mr. Gekas, and Ms. Jackson Lee and

passed by voice vote.

Mr. Berman offered an amendment to authorize such sums as

may be necessary to adjudicate refugee and asylum claims, which

passed by voice vote.

Mr. Issa offered an amendment requiring a report on the cost effectiveness of interior checkpoints, which passed by voice vote.

Ms. Jackson Lee offered an amendment adding a mission statement for the BCIS that requires consistency of policy and practice

21

within the BCIS, which passed by voice vote. Ms. Jackson Lee offered an amendment requiring a report to Congress to ensure a

prompt and timely response to unforeseen changes in the number

of applications for immigration benefits, which passed by voice

vote.

On the Motion to Report H.R. 3231 favorably, as amended, the

motion passed by a rollcall vote of 32 yeas to 2 nays.

ROLLCALL NO. 1

Ayes Nays Present

Mr. Hyde ............................................................................................................

Mr. Gekas .......................................................................................................... X

Mr. Coble ........................................................................................................... X

Mr. Smith (Texas) ............................................................................................. X

Mr. Gallegly ....................................................................................................... X

Mr. Goodlatte .................................................................................................... X

Mr. Bryant ......................................................................................................... X

Mr. Chabot ........................................................................................................ X

Mr. Barr ............................................................................................................. X

Mr. Jenkins ........................................................................................................ X

Mr. Cannon ....................................................................................................... X

Mr. Graham ....................................................................................................... X

Mr. Bachus ........................................................................................................ X

Mr. Hostettler .................................................................................................... X

Mr. Green .......................................................................................................... X

Mr. Keller ........................................................................................................... X

Mr. Issa ............................................................................................................. X

Ms. Hart ............................................................................................................ X

Mr. Flake ........................................................................................................... X

Mr. Pence .......................................................................................................... X

Mr. Conyers ....................................................................................................... X

Mr. Frank ........................................................................................................... X

Mr. Berman ....................................................................................................... X

Mr. Boucher .......................................................................................................

Mr. Nadler ......................................................................................................... X

Mr. Scott ........................................................................................................... X

Mr. Watt ............................................................................................................ X

Ms. Lofgren ....................................................................................................... X

Ms. Jackson Lee ................................................................................................ X

Ms. Waters ........................................................................................................ X

Mr. Meehan ....................................................................................................... X

Mr. Delahunt ..................................................................................................... X

Mr. Wexler ......................................................................................................... X

Ms. Baldwin ...................................................................................................... X

Mr. Weiner ......................................................................................................... X

Mr. Schiff ..........................................................................................................

Mr. Sensenbrenner, Chairman .......................................................................... X

Total ................................................................................................ 32 2

COMMITTEE OVERSIGHT FINDINGS

In compliance with clause 3(c)(1) of rule XIII of the Rules of the

House of Representatives, the Committee reports that the findings

and recommendations of the Committee, based on oversight activities under clause 2(b)(1) of rule X of the Rules of the House of Representatives, are incorporated in the descriptive portions of this report.

PERFORMANCE GOALS AND OBJECTIVES

H.R. 3231 authorizes funding. Section 11(a) authorizes such appropriated sums as are necessary to (1) abolish the INS; (2) estabVerDate 11-MAY-2000 20:58 Apr 19, 2002 Jkt 099006 PO 00000 Frm 00021 Fmt 6659 Sfmt 6601 E:\HR\OC\HR413.XXX pfrm01 PsN: HR413
22

lish the Office of the Associate Attorney General for Immigration

Affairs, the BCIS, the BIE, and their components, and the transfer

of functions required under H.R. 3231; and (3) carry out any other

duty related to the reorganization of the immigration and naturalization functions that is necessitated by H.R. 3231. The money

used to carry out this transition will streamline the immigration

agencies and create more accountability and better management in

the new immigration structure. A better immigration structure,

with enforcement separated from services, will lead to better immigration enforcement and immigration services.

Section 11(a) establishes a separate account in the general fund

of the U.S. Treasury known as the ‘‘Immigration Reorganization

Transition Account.’’ All appropriated amounts mentioned above

are to be deposited into this transition account and to the extent

possible in appropriations acts, the funds in the transition account

should be available for expenditure prior to the effective date of

H.R. 3231, so that non-transition money is not used for transition

purposes.

Monies for immigration services must remain separate from

those for immigration enforcement. Section 11(b) establishes separate accounts in the U.S. Treasury for appropriated funds and

other funds available for the BCIS and the BIE. By requiring separate budgets, both immigration enforcement and immigration services will each receive individualized budget attention, ensuring that

each bureau requests the money each needs for strong immigration

enforcement and quality immigration service. It also requires the

Director of the Office of Management and Budget to separate the

budget requests for the BCIS and the BIE to ensure that the two

bureaus are funded to the extent necessary to fully carry out their

respective functions. Fees imposed for a specific service, application, or benefit must be deposited into the appropriate account for

the bureau with jurisdiction over the function to which the fee relates. No fee may be transferred between the BCIS and the BIE.

Currently, funds for immigration services are often transferred to

immigration enforcement purposes and visa versa. This prohibition

on the transfer of fees is designed to end such practices.

Section 11(b) also ends the policy of using a portion of fees paid

by visa applicants to cover the costs of adjudicating asylum applications. No longer will non-asylum applicants pay for asylum application processing. Instead, H.R. 3231 authorizes sums to be appropriated to process refugee and asylum applications, as well as adjustment of status applications for refugees.

The missions of the Office of the AAGIA, the BCIS, and the BIE

are equally important, each should be adequately funded, and the

functions of all three should not operate at financial levels below

that in existence prior to the enactment of H.R. 3231.

Section 11(e) removes the limitation on expenditures contained in

section 204 of the Immigration Services and Infrastructure Improvements Act of 2000 for the purpose of reducing application

backlogs. That act authorizes appropriations to reduce the immigration application backlogs. It states that none of the funds appropriated may be expended until a report on the backlogs has been

submitted to Congress. The Attorney General is long overdue in

issuing that backlog report. Section 11(e) of H.R. 3231 eliminates

such limitation so that the funds can be appropriated to reduce the

23

overwhelming application backlogs without waiting additional time

for the backlog report.

NEW BUDGET AUTHORITY AND TAX EXPENDITURES

Clause 3(c)(2) of House rule XIII is inapplicable because this legislation does not provide new budgetary authority or increased tax

expenditures.

CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

In compliance with clause 3(c)(3) of rule XIII of the Rules of the

House of Representatives, the Committee sets forth, with respect to

the bill, H.R. 3231, the following estimate and comparison prepared

by the Director of the Congressional Budget Office under section

402 of the Congressional Budget Act of 1974:

24

25

26

27

28

CONSTITUTIONAL AUTHORITY STATEMENT

Pursuant to clause 3(d)(1) of rule XIII of the Rules of the House

of Representatives, the Committee finds the authority for this legislation in Article I, section 8, clause 4 of the Constitution.

SECTION-BY-SECTION ANALYSIS AND DISCUSSION

SEC. 1. SHORT TITLE; TABLE OF CONTENTS.

Section 1(a) Short Title. The short title of H.R. 3231, the ‘‘Barbara Jordan Immigration Reform and Accountability Act of 2002,’’

memorializes Chairman Barbara Jordan’s important work with the

29

Commission on Immigration Reform, which called for dramatic reform of the INS, including a dismantling of the agency.

SEC. 2. ABOLISHMENT OF IMMIGRATION AND NATURALIZATION

SERVICE; ESTABLISHMENT OF OFFICE OF AAGIA

Section 2(a) Abolishment of the INS. Section 2(a) abolishes the

INS.

Section 2(b) Establishment of Office of AAGIA. Section 2(b) establishes in the Justice Department an Office of the AAGIA. The

AAGIA heads this new Office, is appointed by the President, with

consent of the Senate, must have at least 5 years of experience in

managing a large and complex organization, and is to be paid at

the same level as the pre-existing Associate Attorney General. Currently, the Commissioner of the INS reports to the Deputy Attorney General along with numerous other agencies, including the

FBI, DEA, U.S. Attorneys, the Criminal Division, and the Marshals

Service. As a result, the INS does not receive the attention it deserves, given the importance of immigration policy to our national

well-being and security. Creating the new Associate Attorney General elevates immigration issues within the Justice Department

and ensures that immigration will consistently receive the attention, management, and oversight that it needs. The 5-year management experience requirement is a minimum requirement that ensures that the person selected by the President is capable of managing a large organization. This will foster better management at

the top of the immigration structure.

Section 2(c) Functions. Section 2(c) lists the responsibilities of the

new AAGIA which are: (1) overseeing the work of, and supervising,

the directors of the service and enforcement bureaus; (2) coordinating the administration of national immigration policy and the

operations of the two bureaus, and reconciling conflicting policies

of the bureaus; and (3) allocating and coordinating resources in the

shared support functions for the two bureaus through the Office of

Shared Services established in section 3. The day-to-day immigration operations shall be run and managed independently within

each immigration bureau, while the Associate Attorney General is

to supervise the bureau directors, coordinate such operations, resolve any conflicts that may arise between the two bureaus, and coordinate resources needed by both bureaus.

SEC. 3. POSITIONS WITHIN OFFICE OF AAGIA

Section 3(a) Policy Advisor. Section 3(a) establishes a position of

Policy Advisor for the AAGIA. The Policy Advisor advises the Associate Attorney General on all immigration and naturalization policy

matters. While policies specific to immigration services and enforcement are generally to be made in each respective bureau by

the bureau’s Chief of Policy and Strategy, the Policy Advisor in the

Associate Attorney General’s office coordinates and reconciles any

inconsistent policies that arise between the two bureaus.

Section 3(b) General Counsel. Section 3(b) establishes a position

of General Counsel for the AAGIA. The General Counsel acts as

the principal legal advisor to the Associate Attorney General and

is responsible for (1) providing specialized legal advice, opinions,

determinations, regulations, and any other assistance to the Associate Attorney General regarding legal matters that affect the OfVerDate 11-MAY-2000 20:58 Apr 19, 2002 Jkt 099006 PO 00000 Frm 00029 Fmt 6659 Sfmt 6601 E:\HR\OC\HR413.XXX pfrm01 PsN: HR413
30

fice of the AAGIA or the bureaus; (2) representing the BCIS regarding service issues before the Executive Office for Immigration

Review (EOIR) and in other legal or administrative proceedings involving immigration service issues; and (3) representing the BIE in

all exclusion, deportation, or removal proceedings before the EOIR,

including in proceedings to adjudicate relief from exclusion, deportation, or removal, and in other legal or administrative proceedings

involving immigration enforcement issues.

Unless the Associate Attorney General transfers the functions of

the Office of Immigration Litigation (OIL), Civil Division, to the

General Counsel’s office, the General Counsel shall not perform the

functions of OIL. While the directors of the bureaus may have legal

advisors, such legal advisors remain accountable for implementing

and complying with the specialized legal advice, opinions, determinations, and regulations given by the General Counsel regarding

legal matters that affect the Office of the Associate Attorney General or the bureaus.

Section 3(c) Chief Financial Officer. Section 3(c) establishes the

position of Chief Financial Officer (CFO) for the AAGIA. The CFO

is responsible for (1) managing the finances of the Office of the

AAGIA and the two bureaus, and has the authorities and functions

described in section 902 of title 31, United States Code, in relation

to financial activities of the Office and bureaus; (2) collecting payments, fines, and debts for the two bureaus; and (3) coordinating

budget and financial management issues with the bureaus. While

the budgets for immigration services and enforcement are to be formulated and executed in each respective bureau by the bureau’s

Chief Budget Officer, the CFO in the Associate Attorney General’s

office coordinates budget and financial issues that affect both bureaus.

Section 3(d) Director of Shared Services. Section 3(d) establishes

a position of Director of the Office of Shared Services for the

AAGIA. Although separating immigration services from enforcement will improve each mission, it is critical that the two separated bureaus communicate with each other and share resources

that are needed by both bureaus, particularly files and computer

databases. The Director of the Office of Shared Services is responsible for the allocation and coordination of resources involved in

shared support functions for the two bureaus, including facilities

management; information resources management, including computer databases and information technology; records and file management; and forms management. Such shared services are necessary to ensure that the BCIS will know when the BIE is enforcing an immigration law against an alien, and the BIE will know

when the BCIS is considering an alien’s application for an immigration benefit.

Section 3(e) Office of the Ombudsman. Section 3(e) establishes an

Office of the Ombudsman in the Office of the AAGIA. The Ombudsman reports directly to the Associate Attorney General and must

have a background in customer service and immigration law. The

functions of the Ombudsman are described in section 5.

Section 3(f) Office of Professional Responsibility and Quality Review. Section 3(f) establishes the Office of Professional Responsibility and Quality Review in the Office of the AAGIA. The Director

of the Office of Professional Responsibility and Quality Review: (1)

31

3 United States General Accounting Office, Immigration Benefit Fraud—Focused Approach is

Needed to Address Problems (2002).

conducts investigations of non-criminal allegations of misconduct,

corruption, and fraud involving any employee of the Office of the

AAGIA or the two bureaus that are not subject to investigation by

the Justice Department’s Office of the Inspector General; (2) inspects the operations of the Associate Attorney General’s office and

the two bureaus and provides assessments of the quality of the operations of the office and bureaus as a whole and each of their components; and (3) provides an analysis of the management of the Associate Attorney General’s office and the two bureaus. In assessing

the quality of decisions made in the Associate Attorney General’s

office and the bureaus, or any of their components, the Office of

Professional Responsibility and Quality Review shall consider (1)

the accuracy of the finding of fact and conclusions of law used in

rendering the decision; (2) any fraud or misrepresentation associated with the decision; and (3) the efficiency with which the decision was rendered. The backlog of immigration applications now

numbers in the millions. Meanwhile, the General Accounting Office

found in a 2002 report 3 that fraud in immigration benefit applications is significant. Therefore, while it is essential that the backlog

be eliminated and that applications be adjudicated in a timely

manner, adjudicators must not choose speed over accurate and

thorough adjudication.

Section 3(g) Office of Children’s Affairs. Section 3(g) establishes

an Office of Children’s Affairs within the Office of the AAGIA. The

Office of Children’s Affairs is to be headed by a Director, who will

report to the AAGIA.

Section 3(g) transfers the functions with respect to ‘‘unaccompanied alien children’s’’ care and placement that were exercised by

the INS Commissioner, or his subordinates, prior to the effective

date of H.R. 3231, to the Director of the new Office of Children’s

Affairs. The new Office specifically is responsible for coordinating

and implementing the law and policy for unaccompanied alien children who come into the custody of the Department of Justice; making placement determinations for all unaccompanied alien children

apprehended by the Attorney General or who otherwise come into

the custody of the Department of Justice; identifying and overseeing the infrastructure and personnel of facilities that house unaccompanied alien children; annually publishing a State-by-State

list of professionals or other entities qualified to provide guardian

and attorney services; maintaining statistics on unaccompanied

alien children; and reuniting unaccompanied alien children with a

parent abroad, where appropriate.

An ‘‘unaccompanied alien child’’ means a child who (1) has no

lawful immigration status in the United States; (2) has not yet

turned 18 years old; and (3) with respect to whom—(a) there is no

parent or legal guardian in the United States; or (b) no parent or

legal guardian in the United States. is available to provide care

and physical custody. In exercising its responsibility for the care

and placement of unaccompanied alien children found in the

United States, the new Office shall ensure that such placements

take into account the childrens’ interests. The Office also shall ensure that such children are likely to appear for hearings or actions

32

4Department of Justice Office of the Inspector General, Unaccompanied Juveniles in INS Custody, Report Number I–2001–009 (2001).

involving them, that their placement does not endanger themselves

or the community, and that they are not released on their own recognizance. Section 3(g) does not alter or affect substantive immigration law with regard to unaccompanied alien children in the

United States. It leaves jurisdiction for adjudicating their immigration status or removing such children who are found to be removable with the BCIS, the BIE, the EOIR, and the Department of

State.

Approximately 5,000 unaccompanied alien children are taken

into custody by the INS every year. Most are held in INS detention

facilities for the duration of their immigration proceedings. The

Federal Government has a special responsibility to protect the dignity, health, and well-being of children in its custody, and this responsibility particularly extends to unaccompanied alien children.

The Committee is deeply concerned by the 2001 report on unaccompanied alien children in INS custody issued by the Office of the

Inspector General.4 That report, and independent investigations by

nongovernmental organizations, such as the Women’s Commission

on Refugee Women and Children, have consistently revealed that

many unaccompanied alien children are being held in conditions

that are inappropriate for children, including reports of children

being held in secure facilities with adults or with juvenile offenders, reports that unaccompanied children are being shackled and

strip searched, and reports that unaccompanied alien children who

have experienced great trauma are not having their particular psychological, physical, and emotional needs addressed while in custody.

While the Committee applauds the Department of Justice for recognizing the need for reform, we believe that these reforms have

not gone far enough, and that the Federal Government’s duty to

protect and care for unaccompanied alien children continues to fall

short of our expectations.

The Committee supports centralizing care and placement authority for unaccompanied alien children under an Office of Children’s

Affairs within the Office of the AAGIA and transferring current

functions with respect to the care and placement of such children

from the Commissioner of the INS and his subordinates to the Director of the newly created Office of Children’s Affairs.

The Committee expects that the Director of the new Office will

have authority to make placement and care decisions involving unaccompanied alien children in the custody of the Department of

Justice, in consultation, with other entities within the Department

of Justice, including the BIE. Moreover, the Committee expects

that the Director of the Office and any employees under his or her

supervision will have appropriate child welfare expertise to ensure

that children in the custody of the Department of Justice are provided appropriate care.

The Committee expects the BIE field personnel, or others within

the Department of Justice who encounter unaccompanied alien

children, to be accountable to the Director of the Office of Children’s Affairs for ensuring that the Director is promptly notified

that such a child is in the custody of the Department.

33

The Committee appreciates that the problems surrounding the

treatment and care of unaccompanied alien children are pervasive

and difficult. It believes that creating an Office of Children’s Affairs

with substantial authority is a step in the right direction toward

resolving these problems.

At the same time, the Committee recognizes that the creation of

the Office does not address a number of substantive problems that

need to be addressed. The Committee has chosen to address care

and placement issues in this bill, which is a bill dealing exclusively

with the organization structure under which the nation’s immigration functions are carried out. As with other areas, the Committee

intends to continue to explore the special needs of unaccompanied

alien children.

Section 3(h) Transfer of Functions of Office of Immigration Litigation. Section 3(h) transfers all functions, personnel, infrastructure, and funding of the Office of Immigration Litigation (OIL)

from the Assistant Attorney General, Civil Division, to the AAGIA.

The Associate Attorney General may, in the Associate Attorney

General’s discretion, charge the General Counsel to the Associate

Attorney General with such functions, or transfer the functions

elsewhere within the Office of the AAGIA.

OIL, in addition to being in a different component (the Civil Division) than the INS, reports to an Assistant Attorney General specific to the Civil Division, who reports to the pre-existing Associate

Attorney General, who reports to the Deputy Attorney General. Although OIL represents the INS in Federal court, it has a very different chain of command to the Attorney General than does the

INS. With the creation of a new AAGIA who handles only immigration affairs in the Justice Department, it makes sense to consolidate and streamline similar immigration functions under the new

high level Justice Department official.

Section 3(i) Employee Discipline for Willful Deceit. Regardless of

any other provision of law, section 3(i) permits the AAGIA to impose disciplinary action, including termination of employment,

under the same policies and procedures applicable to FBI employees, upon any employee of the Office of the AAGIA or the bureaus

who willfully deceives the Congress or agency leadership on any

matter.

Willful deceit of Congress or agency leadership is unacceptable

behavior and is cause for strong disciplinary action, including firing

an employee. It prevents the recognition of problems by Congress

and agency headquarters, and thus hinders their ability to solve

problems and provide effective leadership. Too often, unscrupulous

INS employees go unpunished and leave INS with a legacy of a

lack of accountability.

SEC. 4. ESTABLISHMENT OF BUREAU OF CITIZENSHIP AND

IMMIGRATION SERVICES

Section 4(a) Establishment of Bureau. Section 4(a) establishes the

BCIS in the Justice Department. The bureau is headed by the Director, who reports directly to the AAGIA and must have at least

10 years professional experience in adjudicating Government benefits or services, at least five of which must have been years of service in a managerial capacity or in a position affording comparable

management experience. The experience requirements encourage

34

better management of immigration services because the director

will be familiar with both providing Government benefits and managing an organization. The years of experience need not have been

in the ISN. The bureau director: (1) establishes citizenship and immigration services policies for the bureau; (2) oversees the administration of such policies and advises the Associate Attorney General

on any policy or operation of the BCIS that may affect the BIE, including potentially conflicting policies or operations; (3) meets regularly with the Ombudsman to correct serious service problems identified by the Ombudsman; and (4) establishes procedures for a formal response to any recommendations submitted in the Ombudsman’s annual report to Congress within 3 months of its submission

to Congress. The bureau director must also designate an official to

administer student visa programs and the Student and Exchange

Visitor Information System (SEVIS), and successor programs and

systems, until September 30, 2004. The Director has the discretion

to continue such position beyond September 30, 2004. The Director

must provide any information collected by the SEVIS to the Director of the BIE necessary to enforce immigration laws. The Director

is responsible for the day-to-day operations of the BCIS and is accountable for the performance of the BCIS.

Section 4(b) Transfer of Functions from Commissioner. Section

4(b) transfers from the INS Commissioner to the Director of the

BCIS the following functions, and all personnel, infrastructure, and

funding given to the Commissioner in support of such functions

prior to the abolishment of the INS: (1) adjudications of nonimmigrant and immigrant visa petitions; (2) naturalization petition

adjudications; (3) asylum and refugee application adjudications; (4)

service center adjudications; and (5) all other immigration benefit

adjudications.

Section 4(c) Office of Policy and Strategy. Section 4(c) establishes

in the BCIS an Office of Policy and Strategy, headed by the Chief.

The Chief must consult with BCIS personnel in the field and (1)

establish national immigration services policies and priorities; (2)

perform policy research and analysis on immigration services

issues; and (3) coordinate immigration services policy issues with

the Chief of Policy and Strategy in the BIE and the AAGIA

through the Policy Advisor for the Associate Attorney General’s Office, as appropriate. The Chief is responsible for devising policy and

strategy specific to the BCIS.

Section 4(d) Legal Advisor. Section 4(d) permits the position of

Legal Advisor for the BCIS to provide legal advice for the bureau’s

director and the bureau’s employees.

Section 4(e) Chief Budget Officer for Bureau of Citizenship and

Immigration Services. Section 4(e) establishes the position of Chief

Budget Officer (CBO) for the BCIS. The CBO formulates and executes the budget of the BCIS according to the needs of the service

bureau. The CBO should make the day-to-day budget decisions for

the BCIS. The CBO reports to the bureau director and provides information to, and coordinates resolution of relevant issues with the

CFO for the AAGIA.

Section 4(f) Office of Congressional, Intergovernmental, and Public Affairs. Section 4(f) establishes the Office of Congressional,

Intergovernmental, and Public Affairs in the BCIS, which is headed by the Chief. The Chief (1) provides citizenship and immigration

35

services information to the Congress, including information on specific constituent cases relating to immigration services; (2) serves

as a liaison with other Federal agencies on citizenship and immigration services issues; and (3) responds to inquiries from the

media and general public on citizenship and immigration services

issues.

Section 4(g) Office of Citizenship. Section 4(g) establishes an Office of Citizenship in the BCIS, which is headed by the Chief. The

Chief promotes instruction and training on citizenship responsibilities for aliens interested in becoming naturalized citizens of the

United States, including the development of educational materials.

Creation of this office is to emphasize the importance of becoming

a U.S. citizen, along with the rights and responsibilities that come

with such status.

Section 4(h) Sectors. Section 4(h) calls for sectors of the BCIS,

headed by sector directors and located in appropriate geographic locations. The sectors need not exist in exactly the same locations or

number as the current INS regions. Sectors are responsible for directing all aspects of the BCIS’ operations within their assigned geographic areas of activity. Sector directors provide general guidance

and supervision to the field offices of the BCIS within their sectors.

Sectors should not second-guess decisions made in the field offices,

but rather should act as a conduit for information, guidelines, policy decisions, and management between headquarters and the field

offices to ensure consistent service operations nation-wide.

Section 4(i) Field Offices. Section 4(i) establishes field offices in

the BCIS, headed by field directors, who may be assisted by deputy

field directors. The field offices need not exist in exactly the same

locations or number as the current INS district offices, but should

be established in locations that most efficiently serve the populations in the area. Field offices are responsible for assisting the

Director of the BCIS in carrying out the Director’s functions. Field

directors are subject to the supervision and direction of their respective sector director, while field directors outside of the United

States are subject to the supervision and direction of the bureau director. All field directors are accountable to, and receive their authority from, the Director of the BCIS to ensure consistent application and implementation of citizenship and immigration services

policies and practices nationwide. Field offices shall not become the

fiefdoms as too commonly exist currently in INS district offices

around the country. Consistency across field offices is essential.

Section 4(j) Service Centers. Section 4(j) establishes service centers, headed by directors. Service centers are responsible for assisting the bureau director in carrying out the director’s functions that

can be effectively carried out at remote locations. Service centers

need not exist in the exact same location or number as current INS

service centers, but should be established in locations that most efficiently serve the populations in the area. Service center directors

shall be subject to the general supervision and direction of their respective sector director, except that all service center directors are

accountable to, and receive their authority from, the bureau director, to ensure consistent application and implementation of citizenship and immigration services policies and practices nationwide.

Section 4(k) Transfer and Removal. Regardless of any other law,

the Director of the BCIS is authorized to transfer or remove any

36

sector director, field director, or service center director, in the bureau director’s discretion.

Section 4(l) Mission. The BCIS’ mission for the field offices and

service centers is to directly and consistently follow all instructions

and guidelines of the BCIS director and the AAGIA to ensure the

development of a cohesive and consistent national immigration

services policy.

SEC. 5. OFFICE OF THE OMBUDSMAN

Section 5(a) Functions. Section 5(a) establishes the functions of

the Ombudsman as: (1) assisting individuals and employers in resolving problems with the BCIS; (2) identifying areas in which individuals and employers have problems in dealing with the BCIS; (3)

proposing changes in the administrative practices of the BCIS to

mitigate identified problems; and (4) identifying potential legislative changes appropriate to mitigate such problems. It is common

practice currently for individuals and employers frustrated with

delays and ill treatment from the INS to approach their Member

of Congress for help. As a result, each congressional district office

has one or more caseworkers to handle immigration casework and

they are overwhelmed. Therefore, in addition to the functions stated above, it is envisioned that the Office of the Ombudsman serve

as an alternative to the congressional immigration caseworkers

handling routine immigration service problems to give relief to the

caseworkers.

Section 5(b) Annual Reports. The Ombudsman is required to submit a report to the Judiciary Committees of the House and Senate

by June 30 of each calendar year on the objectives of the Office of

the Ombudsman for the fiscal year beginning in such calendar

year. Such reports shall contain full and substantive analysis, statistical analysis, and shall (1) identify the initiatives the Office has

taken to improve the services and responsiveness of the BCIS; (2)

contain a summary of the most pervasive and serious problems encountered by individuals and employers, including a description of

the nature of such problems; (3) contain an inventory of the items

described in (1) and (2) above for which action has been taken and

the result of such action, for which action remains to be completed

and the period in which each item has remained on such inventory,

finally for which no action has been taken, including the period in

which each item has remained on such inventory, the reasons for

the inaction, and the identity of any BCIS official responsible for

such inaction; (4) contain recommendations for appropriate administrative and legislative action to resolve problems encountered by

individuals and employers, including problems created by excessive

backlogs in the adjudication and processing of immigration benefit

petitions and applications; and (5) include any other information

deemed advisable by the Ombudsman. The annual report is to be

provided directly to the congressional Committees without prior review or comment from the Attorney General, AAGIA, any employee

of the Justice Department, or the Office of Management and Budget. To help improve services, it is important that Congress have an

accurate, unfiltered report on serious problems with the BCIS.

Section 5(c) Other Responsibilities. The Ombudsman also monitors the coverage and geographic allocation of local Ombudsman

offices; develops guidance to distribute to all BCIS officers and emVerDate 11-MAY-2000 20:58 Apr 19, 2002 Jkt 099006 PO 00000 Frm 00036 Fmt 6659 Sfmt 6601 E:\HR\OC\HR413.XXX pfrm01 PsN: HR413
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ployees outlining the criteria for referral of inquiries to the local

Ombudsman offices; ensures that each local Ombudsman office

telephone number is published and available to individuals and

employers served by the local office; and meets regularly with the

BCIS director to identify serious service problems and to present

recommendations for appropriate administrative actions to resolve

problems encountered by individuals and employers.

Section 5(d) Personnel Actions. The Ombudsman has the responsibility and authority to appoint local ombudsmen and ensure that

at least one ombudsman is available for each State. The Ombudsman is also authorized to evaluate and take personnel actions, including dismissal, against any employee of any local ombudsman

office. In carrying out these responsibilities, the Ombudsman may

consult with the appropriate BCIS supervisory personnel.

Section 5(e) Responsibilities of Bureau of Citizenship and Immigration Services. Section 5(e) requires the BCIS director to establish procedures requiring a formal, written response to all recommendations submitted to the director by the Ombudsman within

3 months of receiving the recommendations.

Section 5(f) Operation of Local Offices. Each local ombudsman is

required to report to the Ombudsman or delegate; may consult with

the appropriate BCIS supervisory personnel regarding the daily operation of the local ombudsman office; shall notify any individual

or employer initially seeking assistance from the local office that

the local offices operate independently of any other component in

the Office of the AAGIA and report directly to the Congress

through the Ombudsman; and at the local ombudsman’s discretion,

may determine not to disclose to the BCIS that the office has had

contact with, or has had information provided by an individual or

employer. Each local ombudsman office is required to maintain a

phone, fax, and other electronic communication access, and a post

office address that is separate from those maintained by the BCIS

or any component of the BCIS.

SEC. 6. ESTABLISHMENT OF BUREAU OF IMMIGRATION ENFORCEMENT

Section 6(a) Establishment of Bureau. Section 6(a) establishes the

BIE in the Justice Department. The BIE is headed by a director

who reports directly to the AAGIA and must have a minimum of

at least 10 years professional experience in law enforcement, at

least five of which must have been years of service in a managerial

capacity. The experience requirements encourage better management of immigration enforcement because the director will be familiar with both law enforcement and managing an organization.

The years of experience need not have been in the ISN. The bureau

director: (1) establishes immigration enforcement policies for the

bureau; (2) oversees the administration of such policies; and (3) advises the Associate Attorney General on any policy or operation of

the BIE that may affect the BCIS, including potentially conflicting

policies or operations.

Section 6(b) Transfer of Functions. Section 6(b) transfers from the

INS Commissioner to the Director of the BIE the following functions, and all personnel, infrastructure, and funding given to the

Commissioner in support of such functions prior to the abolishment

of the INS: (1) the Border Patrol program; (2) the detention and reVerDate 11-MAY-2000 20:58 Apr 19, 2002 Jkt 099006 PO 00000 Frm 00037 Fmt 6659 Sfmt 6601 E:\HR\OC\HR413.XXX pfrm01 PsN: HR413
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moval program; (3) the intelligence program; (4) the investigations

program; and (5) the inspections program.

Section 6(c) Office of Policy and Strategy. Section 6(c) establishes

in the BIE an Office of Policy and Strategy, headed by the Chief.

The Chief must consult with BIE personnel in the field offices and

(1) establish national immigration enforcement policies and priorities; (2) perform policy research and analysis on immigration enforcement issues; and (3) coordinate immigration enforcement policy issues with the Chief of Policy and Strategy in the BCIS and

the AAGIA through the Policy Advisor for the Associate Attorney

General’s Office, as appropriate. The Chief is responsible for devising policy and strategy specific to the BIE.

Section 6(d) Legal Advisor. Section 6(d) permits the position of

Legal Advisor for the BIE to provide legal advice for the bureau’s

director and the bureau’s employees.

Section 6(e) Chief Budget Officer for Bureau of Immigration Enforcement. Section 6(e) establishes the position of Chief Budget Officer (CBO) for the BIE. The CBO formulates and executes the

budget of the BIE according to the needs of the enforcement bureau. The CBO should make the day-to-day budget decisions for

the BIE. The CBO reports to the bureau director and provides information to, and coordinates resolution of relevant issues with, the

CFO for the AAGIA.

Section 6(f) Office of Congressional, Intergovernmental, and Public Affairs. Section 6(f) establishes the Office of Congressional,

Intergovernmental, and Public Affairs in the BIE, which is headed

by the Chief. The Chief (1) provides immigration enforcement information to the Congress, including information on specific enforcement cases; (2) serves as a liaison with other Federal agencies on

immigration enforcement issues; and (3) responds to inquiries from

the media and general public on immigration enforcement issues.

Section 6(g) Sectors. Section 6(g) calls for sectors of the BIE,

headed by sector directors and located in appropriate geographic locations. The sectors need not exist in exactly the same locations or

number as the current INS regions. Sectors are responsible for directing all aspects of the BIE’s operations within their assigned geographic areas of activity. Sector directors provide general guidance

and supervision to the field offices of the BIE within their sectors.

Sectors should not second-guess decisions made in the field offices,

but rather should act as a conduit for information, guidelines, policy decisions, and management between headquarters and the field

offices to ensure consistent enforcement operations nation-wide.

Section 6(h) Field Offices. Section 6(h) establishes field offices in

the BIE, headed by field directors, who may be assisted by deputy

field directors. The field offices need not exist in exactly the same

locations or number as the current INS district offices, but should

be established in locations that most efficiently serve the populations in the area. There shall be a BIE field office situated in at

least every city where there is situated a BCIS field office so that

the two bureaus will communicate with each other, can share files

of aliens who may face action from both bureaus, and so that the

BCIS can easily bring any suspected application fraud to the BIE

for investigation or other necessary immigration enforcement action. Field offices are responsible for assisting the Director of the

BIE in carrying out the Director’s functions. Field directors are

39

subject to the supervision and direction of their respective sector

director, while field directors outside of the United States are subject to the supervision and direction of the bureau director. All field

directors are accountable to, and receive their authority from, the

Director of the BIE to ensure consistent application and implementation of immigration enforcement policies and practices nationwide. Field offices shall not become fiefdoms as too commonly exist

currently with INS district offices around the country. Consistency

across field offices is essential.

Section 6(i) Border Patrol Sectors. Section 6(i) permits the BIE

to establish Border Patrol Sectors, headed by chief patrol agents,

who may be assisted by deputy chief patrol agents. Since border

patrol sectors may need to cover geographical areas different from

the BIE sectors, due to needs specific to the Border Patrol, border

patrol sectors may differ geographically from the BIE sectors. Border Patrol sectors are responsible for the enforcement of all the immigration and naturalization laws within their assigned geographic

areas of activity, unless a power and authority is required to be exercised by a higher authority or has been exclusively delegated to

another immigration official or class of immigration officer. Chief

patrol agents are subject to the general supervision and direction

of their respective sector director, except that they shall remain accountable to, and receive their authority from, the BIE director, to

ensure consistent application and implementation of immigration

enforcement policies nationwide.

Section 6(j) Transfer and Removal. Regardless of any other law,

the Director of the BIE is authorized to transfer or remove any sector director, field director, or chief patrol officer, in the bureau director’s discretion.

SEC. 7. OFFICE OF IMMIGRATION STATISTICS WITHIN BUREAU OF

JUSTICE STATISTICS

Section 7(a) In General. Section 7(a) establishes within the Justice Department’s Bureau of Justice Statistics an Office of Immigration Statistics. The Office is headed by a director who is appointed by the Attorney General and reports to the Director of Justice Statistics. The director is responsible for maintaining all immigration statistical information of the Office of the AAGIA, the

BCIS, the BIE, and EOIR. The statistical information is required

to include the information and immigration statistics in a publication similar to the statistical yearbook prepared by the INS and

EOIR. However, the Office of Immigration Statistics should endeavor to collect much more statistical information than the INS

currently does. Too often, much of the statistical information that

Congress requests from the INS is unavailable because the INS

does not gather such statistics, even after the Congress has asked

for similar statistics repeatedly.

The director is also responsible for establishing standards of reliability and validity for immigration statistics collected by the Office

of the Associate Attorney General, the BCIS, the BIE, and EOIR.

Immigration statistics should no longer be politicized or manipulated to avoid negative press. Accordingly, established standards of

reliability and validity are essential and long overdue.

While this new Office of Immigration Statistics maintains all immigration statistics, the Office of the Associate Attorney General,

40

the BCIS, BIE, and EOIR each gives the Office of Immigration Statistics statistical information from the operational data systems

controlled by each respective component.

Section 7(b) Transfer of Functions. Section 7(b) transfers the

functions performed by the Statistics Branch of the INS Office of

Policy and Planning to this newly established Office of Immigration

Statistics.

SEC. 8. EXERCISE OF AUTHORITIES

Section 8(b) Preservation of Attorney General’s Authority. Section

8(b) states that the Attorney General or his delegate may perform

any function for which H.R. 3231 vests responsibility in an official

other than the Attorney General.

Section 8(c) Statutory Construction. Nothing in H.R. 3231 can be

construed to limit the powers, authorities, or duties of the Secretary of State and special agents of the State Department and the

Foreign Service under the State Department Basic Authorities Act,

the Immigration and Nationality Act, or any other act, to investigate illegal passport or visa issuance or use.

SEC. 9. SAVINGS PROVISIONS

Section 9 states that all legal documents, including recognition of

labor organizations, proceedings, suits, administrative procedure

and judicial review that were in effect on the effective date of H.R.

3231, continue in effect according to their terms, until modified or

terminated.

SEC. 10. TRANSFER AND ALLOCATION OF APPROPRIATIONS AND

PERSONNEL

Section 10(a) In General. Section 10(a) states that the Justice Department personnel employed in connection with the functions

transferred by H.R. 3231, as well as the functions that the Attorney General determines are related to the BCIS or BIE functions,

and the assets, liabilities, contracts, property, records, and unexpended balance of appropriations, authorizations, allocations, and

other funds available to the INS or OIL in connection with the

functions transferred by H.R. 3231, shall be transferred to the

AAGIA for allocation to the appropriate component or bureau. Unexpended funds transferred may only be used for the originally authorized and appropriated purposes. The Attorney General may

continue to adjust or realign transfers of funds and personnel effected by H.R. 3231 for 2 years after the effective date of H.R.

3231.

Section 10(b) Delegation and Assignment. Section 10(b) permits

the AAGIA, the BCIS director, and the BIE director to delegate any

transferred function to such officers and employees of the Office of

the Associate Attorney General, BCIS, or BIE, respectively, as the

person may designate, and permits successive re-delegations of

such functions as necessary. However, no delegation of functions

may relieve the official to whom a function is transferred under

H.R. 3231 of responsibility for the administration of the function.

The official is still accountable for the daily operations by the official’s subordinate officials and employees.

41

Section 10(d) Databases. Section 10(d) requires the AAGIA to ensure that the databases of the Office of the Associate Attorney General and those of the bureaus are integrated with each other and

with the databases of EOIR to permit (1) the electronic docketing

of each case by date of service upon an alien of the charging document; and (2) the tracking of the status of any alien throughout the

alien’s contact(s) with the United States immigration authorities,

regardless of whether the entity with jurisdiction of the alien is, or

was, the BCIS, the BIE, or EOIR. It is vital that the Government

be able to track with which agencies an alien has had contact to

avoid situations such as granting adjustment of status to an alien

to whom the EOIR has issued a final order of removal, or removing

an alien who was recently granted asylum by the BCIS. Integrated

databases are essential for communication between the components

to ensure consistent immigration procedures.

SEC. 11. AUTHORIZATION OF APPROPRIATIONS; PROHIBITION ON TRANS- FER OF FEES; LEASING OR ACQUISITION OF PROPERTY; SENSE OF

CONGRESS

Section 11(a) Authorization of Appropriations for Transition. Section 11(a) authorizes such appropriated sums as are necessary to

(1) abolish the INS; (2) establish the Office of the AAGIA, the

BCIS, the BIE, and their components, and the transfers of functions required under H.R. 3231; and (3) carry out any other duty

related to the reorganization of the immigration and naturalization

functions that is necessary by H.R. 3231. The amounts appropriated must remain available until expended. The AAGIA should

be designated as the principal person in the Department of Justice

to appear before the House and Senate Appropriations Committees

regarding appropriation requests, unless the Attorney General otherwise designates.

Section 11(a) also establishes a separate account in the general

fund of the United States Treasury known as the ‘‘Immigration Reorganization Transition Account.’’ All appropriated amounts mentioned above, in addition to amounts otherwise generated or reprogrammed, are to be deposited into this transition account. To the

extent possible in appropriations acts, the funds in the transition

account should be available for expenditure prior to the effective

date of H.R. 3231. This prevents non-transition money, such as application fees, to be used for unintended purposes.

Section 11(b) Separation of Funding. Section 11(b) emphasizes

that monies for immigration services must remain separate from

immigration enforcement monies. Section 11(b) establishes separate accounts in the U.S. Treasury for appropriated funds and

other deposits available for the BCIS and the BIE. It also requires

the Director of the Office of Management and Budget to separate

the budget requests for the BCIS and the BIE to ensure that the

two bureaus are funded to the extent necessary to fully carry out

their respective functions. Fees imposed for a specific service, application, or benefit must be deposited into the appropriate account

for the bureau with jurisdiction over the function to which the fee

relates. No fee may be transferred between the BCIS and the BIE.

Currently, immigration service money can be transferred to immigration enforcement and visa versa. This prohibition on the transfer of fees is designed to end any such practice. In addition, colVerDate 11-MAY-2000 20:58 Apr 19, 2002 Jkt 099006 PO 00000 Frm 00041 Fmt 6659 Sfmt 6601 E:\HR\OC\HR413.XXX pfrm01 PsN: HR413
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lected application fees should be spent on application adjudication

and not for non-adjudicatory purposes.

Section 11(b) also ends the fee policy of using a portion of fees

paid by visa applicants to cover the costs of adjudicating asylum

applications. No longer will non-asylum applicants pay for asylum

application processing. In addition, H.R. 3231 authorizes such

sums as are necessary to process refugee, asylum, and adjustment

of status for refugees applications.

Section 11(d) Sense of Congress. Section 11(d) gives the sense of

Congress that the missions of the Office of the AAGIA, the BCIS,

and the BIE are equally important, each should be adequately

funded, and the functions of all three should not operate at financial levels below that in existence prior to the enactment of H.R.

3231.

Section 11(e) Elimination of Limitation on Expenditures for Backlog Reduction. Section 11(e) removes the limitation on expenditures

for the reduction of application backlogs found in section 204 of the

Immigration Services and Infrastructure Improvements Act of

2000. That act authorizes appropriations to reduce the immigration

application backlogs, but states that none of the funds appropriated

may be expended until a report on the backlogs has been submitted

to Congress. The Attorney General is long overdue in issuing that

backlog report. Section 11(e) of H.R. 3231 eliminates such limitation so that the funds can be appropriated to reduce the overwhelming application backlogs without waiting additional time for

the backlog report.

SEC. 12. REPORTS AND IMPLEMENTATION PLANS

Section 12 requires the Attorney General to report to the Committees on Appropriations and the Judiciary of both the House of

Representatives and the Senate on the proposed division and transfer of funds, as well as the division of personnel among the Office

of the AAGIA and the two bureaus, within 120 days from the date

of enactment of H.R. 3231. Section 12 also requires the Attorney

General to submit to the same Committees an implementation plan

to carry out H.R. 3231 within 120 days from the date of enactment,

and every 6 months thereafter, until the end of FY 2005. The plan

should include details concerning the separation of the Office of the

Associate Attorney General and the two bureaus, including the following: (1) organizational structure, including field structure; (2)

chain of command; (3) procedures for interaction among such office

and bureaus; (4) procedures for the Director of Shared Services to

perform all shared support functions, including authorizing the bureau directors to approve training curricula and to acquire necessary supplies and equipment to perform the daily operations of

their respective bureau; (5) procedures to establish separate accounts and financial management systems for the two bureaus and

to implement all provisions of section 11(b) of H.R. 3231; (6) fraud

detection and investigation; (7) the processing and handling of removal proceedings, including expedited removal and application for

relief from removal; (8) recommendations for conforming amendments to the Immigration and Nationality Act; (9) establishment of

a transition team; and (10) ways to phase in the costs of separating

the administrative support systems of the INS to provide for sepaVerDate 11-MAY-2000 20:58 Apr 19, 2002 Jkt 099006 PO 00000 Frm 00042 Fmt 6659 Sfmt 6601 E:\HR\OC\HR413.XXX pfrm01 PsN: HR413
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rate administrative support systems for the two bureaus in instances where separate systems are more efficient or effective.

Section 12 also requires the Attorney General to report to the

Appropriations and Judiciary Committees of both the House of

Representatives and Senate on plans to improve immigration services and immigration enforcement within 1 year from the date of

enactment of H.R. 3231. The Attorney General must also report on

whether the Director of Shared Services is properly serving the two

bureaus; and whether it would be more efficient to transfer more

functions down to the bureaus or up to the Office of AAGIA, and

the cost of such transfers, within 3 years from the date of enactment of H.R. 3231.

The Attorney General must also submit to Congress a report to

ensure a prompt and timely response to emergent, unforeseen, or

impending changes in applications for immigration benefits, including the amount of immediate funding that would be needed to respond to such unforeseen changes.

The last report required of the Attorney General by section 12 relates to the cost effectiveness of interior checkpoints. No later than

6 months after the date of enactment of H.R. 3231, the Attorney

General must submit to the Congress a report on whether all permanent interior checkpoints operated by the INS should be closed

and whether the funds that otherwise would be expended for the

operation of such checkpoints should be reallocated for protecting

and maintaining the integrity of the U.S. borders and increased enforcement at other points of entry into the U.S.

Section 12 requires the Comptroller General to submit reports to

the Appropriations and Judiciary Committees of Congress as well.

The Comptroller General must report on the transition within 18

months from the effective date of H.R. 3231 and every 6 months

thereafter, until full implementation of H.R. 3231 has been completed. No later than 4 years from the effective date of H.R. 3231,

the Comptroller General must submit a report, following a study,

on whether the transferred functions have improved in the Office

of AAGIA and the bureaus with respect to the following: operations; management, including accountability and communication;

financial administration; and record keeping, including information

and technology. The report must give a statement of the reasons

for the determinations made above and any recommendations for

further improvements to the Office of the AAGIA and the two bureaus.

SEC. 13. APPLICATION OF INTERNET-BASED TECHNOLOGIES

Section 13(a) Establishment of Tracking System. Section 13(a) requires the Attorney General to establish an Internet-based system

that will permit individuals and employers with immigration applications filed with the Attorney General to have access to online information about the processing status of the application within 1

year from the date of enactment of H.R. 3231. Currently, individuals and employers must spend far too much time waiting in line

at, and on the phone with, the INS to learn the status of a pending

application. Allowing applicants to go on-line to check the status of

an application will save hours of time and frustration in dealing

with the INS’ poor customer service and information officers.

44

Section 13(b) Feasibility Study for On-Line Filing and Improved

Processing. Section 13(b) requires the Attorney General to conduct

a feasibility study for applicants to have the ability to file applications on-line, in addition to checking the status on line. The study

must include a review of computerization and technology of the

INS relating to the immigration services and processing of filings

related to immigrant services. The study must also include a time

and cost estimate and consider other factors in implementing such

a filing system, including the feasibility of fee payment on-line. The

Attorney General is required to submit a report on this study to

the Committees on the Judiciary for both chambers of Congress

within 1 year from the date of enactment of H.R. 3231.

Section 13(c) Technology Advisory Committee. Section 13(c) requires the Attorney General to establish an advisory committee

within 60 days from the date of enactment of H.R. 3231 to assist

the Attorney General in establishing the tracking system and conducting the study discussed above. The Attorney General should

consult with the Judiciary Committees in establishing the Technology Advisory Committee. The advisory committee shall be composed of representatives from high technology companies capable of

establishing and implementing the system expeditiously and representatives of persons who may use the tracking system and the

on-line filing system described above.

SEC. 14. DEFINITIONS

Section 14 defines ‘‘function’’ to include ‘‘any duty, obligation,

power, authority, responsibility, right, privilege, activity, or program.’’ It defines ‘‘office’’ as ‘‘any office, administration, agency, bureau, institute, council, unit, organizational entity, or component

thereof.’’

SEC. 15. EFFECTIVE DATE; TRANSITION

Section 15(a) In General. The abolishment of the INS, the establishment of the Office of the AAGIA, the BCIS, and the BIE, and

the transfer of functions specified in H.R. 3231 take effect 1 year

after the date of enactment of H.R. 3231. The AAGIA and the directors of the BCIS and BIE are also to be appointed no later than

1 year after the date of enactment of H.R. 3231. To the extent that

functions to be transferred to such persons continue to be performed by the INS and OIL during fiscal year 2003, the Attorney

General is required to provide for an appropriate accounting of

funds and an appropriate transfer of funds appropriated to such

entities to the appropriate component of the Office of the AAGIA,

the BCIS or the BIE.

Section 15(b) Transition Period for Certain Bureau Functions. Regardless of the effective dates mentioned above, if it is more efficient to do so during the transition, the AAGIA may perform the

policy, legal, and congressional, intergovernmental, and public affairs functions for both the BCIS and the BIE during the 18-month

period after the transfer of functions under this act takes effect.

SEC. 16. CONFORMING AMENDMENT

Section 16 strikes the ‘‘Commissioner of Immigration and Naturalization, Department of Justice’’ from level IV of the Executive

45

Schedule list of positions, found at section 5315 of title 5 of the

United States Code.

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the

House of Representatives, changes in existing law made by the bill,

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italics,

existing law in which no change is proposed is shown in roman):

TITLE 5, UNITED STATES CODE

* * * * * * *

PART III—EMPLOYEES

* * * * * * *

Subpart D—Pay and Allowances

* * * * * * *

CHAPTER 53—PAY RATES AND SYSTEMS

* * * * * * *

SUBCHAPTER II—EXECUTIVE SCHEDULE PAY RATES

* * * * * * *

§ 5314. Positions at level III

Level III of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as

adjusted by section 5318 of this title:

Solicitor General of the United States.

* * * * * * *

Associate Attorney General for Immigration Affairs.

§ 5315. Positions at level IV

Level IV of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as

adjusted by section 5318 of this title:

Deputy Administrator of General Services.

* * * * * * *

øCommissioner of Immigration and Naturalization, Department of Justice.¿

* * * * * * *

46

OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF

1968

TITLE I—JUSTICE SYSTEM IMPROVEMENT

* * * * * * *

PART C—BUREAU OF JUSTICE STATISTICS

* * * * * * *

ESTABLISHMENT, DUTIES, AND FUNCTIONS

SEC. 302. (a)***

* * * * * * *

(c) The Bureau is authorized to—

(1) * * *

* * * * * * *

(22) ensure conformance with security and privacy requirement of section 812 and identify, analyze, and participate in

the development and implementation of privacy, security and

information policies which impact on Federal and State criminal justice operations and related statistical activities; øand¿

(23) exercise the powers and functions set out in part Hø.¿;

and

(24) collect, maintain, compile, analyze, publish, and disseminate information and statistics about immigration in the

United States, including information and statistics involving

the functions of the Office of the Associate Attorney General for

Immigration Affairs, the Bureau of Citizenship and Immigration Services, the Bureau of Immigration Enforcement, and the

Executive Office for Immigration Review.

* * * * * * *

OFFICE OF IMMIGRATION STATISTICS

SEC. 305. (a) There is established within the Bureau of Justice

Statistics of the Department of Justice an Office of Immigration

Statistics (in this section referred to as the ‘‘Office’’), which shall be

headed by a Director who shall be appointed by the Attorney General and who shall report to the Director of Justice Statistics.

(b) The Director of the Office shall be responsible for the following:

(1) Maintenance of all immigration statistical information

of the Office of the Associate Attorney General for Immigration

Affairs, the Bureau of Citizenship and Immigration Services,

the Bureau of Immigration Enforcement, and the Executive Office for Immigration Review. Such statistical information shall

include information and statistics of the type contained in the

publication entitled ‘‘Statistical Yearbook of the Immigration

and Naturalization Service’’ prepared by the Immigration and

Naturalization Service (as in effect on the day prior to the effective date specified in section 15(a) of the Barbara Jordan Immigration Reform and Accountability Act of 2002).

47

(2) Establishment of standards of reliability and validity

for immigration statistics collected by the Office of the Associate

Attorney General for Immigration Affairs, the Bureau of Citizenship and Immigration Services, the Bureau of Immigration

Enforcement, and the Executive Office for Immigration Review.

(c) The Office of the Associate Attorney General for Immigration

Affairs, the Bureau of Citizenship and Immigration Services, the

Bureau of Immigration Enforcement, and the Executive Office for

Immigration Review shall provide statistical information to the Office of Immigration Statistics from the operational data systems

controlled by the Office of the Associate Attorney General for Immigration Affairs, the Bureau of Citizenship and Immigration Services, the Bureau of Immigration Enforcement, and the Executive Office for Immigration Review, respectively, for the purpose of meeting

the responsibilities of the Director.

* * * * * * *

SECTION 286 OF THE IMMIGRATION AND NATIONALITY

ACT

DISPOSITION OF MONEYS COLLECTED UNDER THE PROVISIONS OF THIS

TITLE

SEC. 286. (a)***

* * * * * * *

(m) Notwithstanding any other provisions of law, all adjudication fees as are designated by the Attorney General in regulations

shall be deposited as offsetting receipts into a separate account entitled ‘‘Immigration Examinations Fee Account’’ in the Treasury of

the United States, whether collected directly by the Attorney General or through clerks of courts: Provided, however, That all fees received by the Attorney General from applicants residing in the Virgin Islands of the United States and in Guam, under this subsection shall be paid over to the treasury of the Virgin Islands and

to the treasury of Guam: Provided further, That fees for providing

adjudication and naturalization services may be set at a level that

will ensure recovery of the full costs of providing all such øservices,

including the costs of similar services provided without charge to

asylum applicants or other immigrants.¿ services. Such fees may

also be set at a level that will recover any additional costs associated with the administration of the fees collected.

* * * * * * *

SECTION 204 OF THE IMMIGRATION SERVICES AND

INFRASTRUCTURE IMPROVEMENTS ACT OF 2000

SEC. 204. IMMIGRATION SERVICES AND INFRASTRUCTURE IMPROVEMENT ACCOUNT.

(a) * * *

(b) AUTHORIZATION OF APPROPRIATIONS.—

48

(1) * * *

* * * * * * *

ø(4) LIMITATION ON EXPENDITURES.—None of the funds appropriated pursuant to paragraph (1) may be expended until

the report described in section 205(a) has been submitted to

Congress.¿

MARKUP TRANSCRIPT

BUSINESS MEETING

WEDNESDAY, APRIL 10, 2002

HOUSE OF REPRESENTATIVES,

COMMITTEE ON THE JUDICIARY,

Washington, DC.

The Committee met, pursuant to notice, at 10:08 a.m., in Room

2141, Rayburn House Office Building, Hon. F. James Sensenbrenner, Jr., chairman of the Committee, presiding.

Chairman SENSENBRENNER. The Committee will be in order.

Pursuant to notice I now call up the bill H.R. 3231, the ‘‘Immigration Reform and Accountability Act of 2001’’ for purposes of

markup, and move its favorable recommendation to the House.

Without objection, the bill will be considered as read and open for

amendment at any point.

[The bill, H.R. 3231, follows:]

49

1

I

107TH CONGRESS

1ST SESSION H. R. 3231

To replace the Immigration and Naturalization Service with the Agency

for Immigration Affairs, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

NOVEMBER 6, 2001

Mr. SENSENBRENNER (for himself and Mr. GEKAS) introduced the following

bill; which was referred to the Committee on the Judiciary

A BILL

To replace the Immigration and Naturalization Service with

the Agency for Immigration Affairs, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Immigration Reform

5 and Accountability Act of 2001’’.

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•HR 3231 IH

1 SEC. 2. ABOLISHMENT OF IMMIGRATION AND NATURALIZA2 TION SERVICE; ESTABLISHMENT OF AGENCY

3 FOR IMMIGRATION AFFAIRS.

4 (a) ABOLISHMENT OF INS.—The Immigration and

5 Naturalization Service of the Department of Justice is

6 abolished.

7 (b) ESTABLISHMENT OF AGENCY FOR IMMIGRATION

8 AFFAIRS.—

9 (1) IN GENERAL.—There is established in the

10 Department of Justice an agency to be known as the

11 ‘‘Agency for Immigration Affairs’’.

12 (2) ASSOCIATE ATTORNEY GENERAL.—The

13 head of the Agency for Immigration Affairs shall be

14 the Associate Attorney General for Immigration Af15 fairs. The Associate Attorney General for Immigra16 tion Affairs—

17 (A) shall be appointed by the President, by

18 and with the consent of the Senate;

19 (B) shall report directly to the Attorney

20 General; and

21 (C) shall have a minimum of 10 years ex22 perience in managing a large and complex orga23 nization.

24 (c) FUNCTIONS.—The Associate Attorney General for

25 Immigration Affairs—

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3

•HR 3231 IH

1 (1) shall oversee the work of, and supervise, the

2 Director of the Bureau of Immigration Services and

3 Adjudications and the Director of the Bureau of Im4 migration Enforcement;

5 (2) shall oversee the work of, and supervise, the

6 Director of the Executive Office for Immigration Re7 view;

8 (3) shall review on referral such decisions of the

9 Board of Immigration Appeals as—

10 (A) he or she directs the Board to refer to

11 him or her;

12 (B) the Chairman or a majority of the

13 Board of Immigration Appeals refers to him or

14 her;

15 (C) requested by the Director of the Bu16 reau of Immigration Services and Adjudica17 tions; or

18 (D) requested by the Director of the Bu19 reau of Immigration Enforcement;

20 (4) shall coordinate the administration of na21 tional immigration policy, including coordinating the

22 operations of the Executive Office for Immigration

23 Review, the Bureau of Immigration Services and Ad24 judications, and the Bureau of Immigration EnforceVerDate 11-MAY-2000 20:58 Apr 19, 2002 Jkt 099006 PO 00000 Frm 00051 Fmt 6659 Sfmt 6601 E:\HR\OC\HR413.XXX pfrm01 PsN: HR413
52

4

•HR 3231 IH

1 ment, and reconcile conflicting policies of such office

2 and bureaus; and

3 (5) shall allocate and coordinate resources in4 volved in supporting shared support functions for

5 the Bureau of Immigration Services and Adjudica6 tions, the Bureau of Immigration Enforcement, and

7 offices within the Department of Justice, through

8 the Office of Shared Services established by section

9 3.

10 SEC. 3. OFFICERS OF AGENCY FOR IMMIGRATION AFFAIRS.

11 (a) POLICY ADVISOR.—There shall be a position of

12 Policy Advisor for the Agency for Immigration Affairs.

13 The Policy Advisor shall be charged with providing advice

14 to the Associate Attorney General for Immigration Affairs

15 on all matters relating to immigration and naturalization

16 policy. The Policy Advisor shall coordinate and reconcile

17 the resolution of policy issues by the Bureau of Immigra18 tion Services and Adjudications, the Bureau of Immigra19 tion Enforcement, and the Executive Office for Immigra20 tion Review.

21 (b) LEGAL ADVISOR.—There shall be a position of

22 Legal Advisor for the Agency for Immigration Affairs. The

23 Legal Advisor shall be charged with providing legal advice

24 to the Associate Attorney General for Immigration Affairs

25 on all matters relating to immigration and naturalization.

53

5

•HR 3231 IH

1 The Legal Advisor shall coordinate and reconcile the reso2 lution of legal issues by the Bureau of Immigration Serv3 ices and Adjudications, the Bureau of Immigration En4 forcement, and the Executive Office for Immigration Re5 view. The Legal Advisor may issue legal opinions on gen6 eral issues of law, which shall be binding on all officers

7 and employees of the Agency for Immigration Affairs and

8 which shall be published in an appropriate form.

9 (c) CHIEF FINANCIAL OFFICER.—

10 (1) IN GENERAL.—There shall be a position of

11 Chief Financial Officer for the Agency for Immigra12 tion Affairs.

13 (2) FUNCTIONS.—The Chief Financial Officer

14 shall be responsible for—

15 (A) the financial management of the Agen16 cy for Immigration Affairs and shall have the

17 authorities and functions described in section

18 902 of title 31, United States Code, in relation

19 to financial activities of the agency;

20 (B) collection of all payments, fines, and

21 other debts for the Bureau of Immigration

22 Services and Adjudications, the Bureau of Im23 migration Enforcement, and the Executive Of24 fice for Immigration Review; and

54

6

•HR 3231 IH

1 (C) coordinating all budget and other fi2 nancial management issues with the Bureau of

3 Immigration Services and Adjudications, the

4 Bureau of Immigration Enforcement, and the

5 Executive Office for Immigration Review.

6 (d) DIRECTOR OF SHARED SERVICES.—There shall

7 be a position of Director of the Office of Shared Services

8 for the Agency for Immigration Affairs. The Director of

9 the Office of Shared Services shall be responsible for the

10 appropriate allocation and coordination of resources in11 volved in supporting shared support functions for the Bu12 reau of Immigration Services and Adjudications, the Bu13 reau of Immigration Enforcement, the Executive Office

14 for Immigration Review, and other offices within the De15 partment of Justice, including—

16 (1) facilities management;

17 (2) information resources management, includ18 ing computer databases and information technology;

19 (3) records and file management; and

20 (4) forms management.

21 (e) OFFICE OF THE OMBUDSMAN.—

22 (1) ESTABLISHMENT.—

23 (A) IN GENERAL.—There is established in

24 the Agency for Immigration Affairs an office to

25 be known as the ‘‘Office of the Ombudsman’’.

55

7

•HR 3231 IH

1 (B) OMBUDSMAN.—

2 (i) IN GENERAL.—The Office of the

3 Ombudsman shall be under the supervision

4 and direction of an official to be known as

5 the ‘‘Ombudsman’’. The Ombudsman shall

6 report directly to the Associate Attorney

7 General for Immigration Affairs.

8 (ii) QUALIFICATIONS.—The Ombuds9 man shall have a background in customer

10 service as well as immigration law.

11 (2) FUNCTIONS OF OFFICE.—The Ombudsman

12 shall perform the functions described in section 5.

13 (f) OFFICE OF PROFESSIONAL RESPONSIBILITY AND

14 QUALITY REVIEW.—

15 (1) IN GENERAL.—There is established in the

16 Agency for Immigration Affairs an office to be

17 known as the ‘‘Office of Professional Responsibility

18 and Quality Review’’. The head of the Office of Pro19 fessional Responsibility and Quality Review shall be

20 the Chief of the Office of Professional Responsibility

21 and Quality Review. The Chief of the Office of Pro22 fessional Responsibility and Quality Review shall be

23 responsible for—

24 (A) conducting investigations of non25 criminal allegations of misconduct, corruption,

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8

•HR 3231 IH

1 and fraud involving any employee of the Agency

2 for Immigration Affairs that are not subject to

3 investigation by the Department of Justice Of4 fice of the Inspector General;

5 (B) inspecting the operations of the Agen6 cy for Immigration Affairs and providing as7 sessments of the quality of the operations of the

8 agency as a whole and each of its components;

9 and

10 (C) providing an analysis of the manage11 ment of the Agency for Immigration Affairs.

12 (2) SPECIAL CONSIDERATIONS.—In providing

13 assessments in accordance with paragraph (1)(B)

14 with respect to decisions of the Agency for Immigra15 tion Affairs or any of its components, consideration

16 shall be given to—

17 (A) the accuracy of the finding of fact and

18 conclusions of law used in rendering the deci19 sion;

20 (B) any fraud or misrepresentation associ21 ated with the decision; and

22 (C) the efficiency with which the decision

23 was rendered.

24 (g) EMPLOYEE DISCIPLINE FOR WILLFUL DE25 CEIT.—The Associate Attorney General for Immigration

57

9

•HR 3231 IH

1 Affairs may, notwithstanding any other provision of law,

2 impose disciplinary action, including termination of em3 ployment, pursuant to policies and procedures applicable

4 to employees of the Federal Bureau of Investigation, for

5 any employee of the Agency for Immigration Affairs who

6 willfully deceives the Congress or agency leadership on any

7 matter.

8 (h) DEFINITION.—For purposes of this section, the

9 term ‘‘employee of the Agency for Immigration Affairs’’

10 includes all employees of the Agency for Immigration Af11 fairs, the Bureau of Immigration Services and Adjudica12 tions, the Bureau of Immigration Enforcement, and the

13 Executive Office of Immigration Review (including immi14 gration judges, administrative law judges, and members

15 of the Board of Immigration Appeals).

16 SEC. 4. ESTABLISHMENT OF BUREAU OF IMMIGRATION

17 SERVICES AND ADJUDICATIONS.

18 (a) ESTABLISHMENT OF BUREAU.—

19 (1) IN GENERAL.—There is established in the

20 Agency for Immigration Affairs a bureau to be

21 known as the ‘‘Bureau of Immigration Services and

22 Adjudications’’.

23 (2) DIRECTOR.—The head of the Bureau of Im24 migration Services and Adjudications shall be the

58

10

•HR 3231 IH

1 Director of the Bureau of Immigration Services and

2 Adjudications, who—

3 (A) shall report directly to the Associate

4 Attorney General for Immigration Affairs; and

5 (B) shall have a minimum of 10 years pro6 fessional experience in the rendering of adju7 dications on the provision of government bene8 fits or services, at least 5 of which shall have

9 been years of service in a managerial capacity

10 or in a position affording comparable manage11 ment experience.

12 (3) FUNCTIONS.—The Director of the Bureau

13 of Immigration Services and Adjudications—

14 (A) shall establish the policies for per15 forming such functions as are transferred to the

16 Director by this section or this Act or otherwise

17 vested in the Director by law;

18 (B) shall oversee the administration of

19 such policies;

20 (C) shall advise the Associate Attorney

21 General for Immigration Affairs with respect to

22 any policy or operation of the Bureau of Immi23 gration Services and Adjudications that may af24 fect the Bureau of Immigration Enforcement,

25 the Executive Office for Immigration Review, or

59

11

•HR 3231 IH

1 both, including potentially conflicting policies or

2 operations;

3 (D) shall meet regularly with the Ombuds4 man to correct serious service problems identi5 fied by the Ombudsman; and

6 (E) shall establish procedures requiring a

7 formal response to any recommendations sub8 mitted in the Ombudsman’s annual report to

9 the Congress within 3 months after its submis10 sion to the Congress.

11 (b) TRANSFER OF FUNCTIONS.—

12 (1) FROM COMMISSIONER.—There are trans13 ferred from the Commissioner of the Immigration

14 and Naturalization Service to the Director of the

15 Bureau of Immigration Services and Adjudications

16 all functions performed under the following pro17 grams, and all personnel, infrastructure, and fund18 ing provided to the Commissioner in support of such

19 programs immediately before the effective date of

20 this section:

21 (A) Adjudications of nonimmigrant and

22 immigrant visa petitions.

23 (B) Adjudications of naturalization peti24 tions.

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•HR 3231 IH

1 (C) Adjudications of asylum and refugee

2 applications.

3 (D) Adjudications performed at Service

4 centers.

5 (E) All other adjudications under the Im6 migration and Nationality Act performed by the

7 Immigration and Naturalization Service as of

8 the date of the enactment of this Act.

9 (2) FROM ASSISTANT ATTORNEY GENERAL,

10 CIVIL RIGHTS DIVISION.—There are transferred

11 from the Assistant Attorney General, Civil Rights

12 Division, to the Director of the Bureau of Immigra13 tion Services and Adjudications all functions per14 formed by the Office of Special Counsel for Immi15 gration Related Unfair Employment Practices, and

16 all personnel, infrastructure, and funding provided

17 to the Assistant Attorney General, United States

18 Civil Rights Division, in support of the Office of

19 Special Counsel for Immigration Related Unfair

20 Employment Practices immediately before the effec21 tive date of this section.

22 (3) FROM ASSISTANT ATTORNEY GENERAL,

23 CIVIL DIVISION.—There are transferred from the As24 sistant Attorney General, Civil Division, to the Di25 rector of the Bureau of Immigration Services and

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•HR 3231 IH

1 Adjudications all functions performed by the Office

2 of Immigration Litigation relating to the litigation

3 of naturalization suits and litigation involving immi4 grant and nonimmigrant visas and all personnel, in5 frastructure, and funding provided to the Assistant

6 Attorney General, Civil Division, in support of those

7 functions immediately before the effective date of

8 this section.

9 (c) OFFICE OF POLICY AND STRATEGY.—There is es10 tablished in the Bureau of Immigration Services and Ad11 judications an office to be known as the ‘‘Office of Policy

12 and Strategy’’. The head of the Office of Policy and Strat13 egy shall be the Chief of the Office of Policy and Strategy.

14 In consultation with Bureau of Immigration Services and

15 Adjudications personnel in field offices, the Chief of the

16 Office of Policy and Strategy shall be responsible for—

17 (1) establishing national immigration services

18 policies and priorities;

19 (2) performing policy research and analysis on

20 immigration services issues (excluding statistical in21 formation); and

22 (3) coordinating immigration policy issues with

23 the Office of Policy and Strategy for the Bureau of

24 Immigration Enforcement and the Associate Attor25 ney General for Immigration Affairs through the

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•HR 3231 IH

1 Policy Advisor for the Agency for Immigration Af2 fairs, as appropriate.

3 (d) GENERAL COUNSEL FOR BUREAU OF IMMIGRA4 TION SERVICES AND ADJUDICATIONS.—There shall be a

5 position of General Counsel for the Bureau of Immigration

6 Services and Adjudications. The General Counsel and his

7 or her delegates—

8 (1) shall provide specialized legal advice and

9 other assistance to the Director of the Bureau of

10 Immigration Services and Adjudications, the Direc11 tor’s delegates, and all employees of the components

12 transferred under this section;

13 (2) shall represent the Bureau of Immigration

14 Services and Adjudications in visa petition appeal

15 proceedings and unfair immigration-related employ16 ment practice proceedings before the Executive Of17 fice for Immigration Review and in other legal, judi18 cial, or administrative proceedings involving immi19 gration services issues (excluding exclusion, deporta20 tion, or removal proceedings and applications for re21 lief therefrom); and

22 (3) shall coordinate legal issues with the Gen23 eral Counsel for the Bureau of Immigration En24 forcement, including the issuance of joint legal opin25 ions where more than the Bureau of Immigration

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•HR 3231 IH

1 Services and Adjudications is affected, the General

2 Counsel for the Executive Office for Immigration

3 Review, and the Associate Attorney General for Im4 migration Affairs through the Legal Advisor for the

5 Agency for Immigration Affairs, as appropriate.

6 (e) CHIEF BUDGET OFFICER FOR BUREAU OF IMMI7 GRATION SERVICES AND ADJUDICATIONS.—There shall be

8 a position of Chief Budget Officer for the Bureau of Immi9 gration Services and Adjudications. The Chief Budget Of10 ficer shall be responsible for formulating and executing the

11 budget of the Bureau of Immigration Services and Adju12 dications. The Chief Budget Officer shall report to the Di13 rector of the Bureau of Immigration Services and Adju14 dications and shall provide information to, and coordinate

15 resolution of relevant issues with, the Chief Financial Offi16 cer for the Agency for Immigration Affairs.

17 (f) OFFICE OF OPERATIONS STATISTICS.—There is

18 established in the Bureau of Immigration Services and

19 Adjudications an office to be known as the ‘‘Office of Op20 erations Statistics’’. The head of the Office of Operations

21 Statistics shall be the Chief of the Office of Operations

22 Statistics. The Chief shall have had experience in statis23 tical programs. The Chief of the Office of Operations Sta24 tistics shall be responsible for compiling and disseminating

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•HR 3231 IH

1 the daily operational statistics of the Bureau of Immigra2 tion Services and Adjudications.

3 (g) OFFICE OF CONGRESSIONAL, INTERGOVERN4 MENTAL, AND PUBLIC AFFAIRS.—There is established in

5 the Bureau of Immigration Services and Adjudications an

6 office to be known as the ‘‘Office of Congressional, Inter7 governmental, and Public Affairs’’. The head of such of8 fice shall be the Chief of the Office of Congressional,

9 Intergovernmental, and Public Affairs. The Chief shall be

10 responsible for—

11 (1) providing information relating to immigra12 tion services to the Congress, including information

13 on specific cases relating to immigration services;

14 (2) serving as a liaison with other Federal

15 agencies on immigration services issues; and

16 (3) responding to inquiries from the media and

17 general public on immigration services issues.

18 (h) SECTORS.—Headed by sector directors, and lo19 cated in appropriate geographic locations, sectors of the

20 Bureau of Immigration Services and Adjudications shall

21 be responsible for directing all aspects of the Bureau of

22 Immigration Services and Adjudication operations within

23 their assigned geographic areas of activity. Sector direc24 tors shall provide general guidance and supervision to the

65

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•HR 3231 IH

1 field offices of the Bureau of Immigration Services and

2 Adjudications within their sectors.

3 (i) FIELD OFFICES.—Headed by field directors, who

4 may be assisted by deputy field directors, these offices

5 shall be responsible for assisting the Director of the Bu6 reau of Immigration Services and Adjudications in car7 rying out the Director’s functions. Field directors shall be

8 subject to the general supervision and direction of their

9 respective sector director, except that field directors out10 side of the United States shall be subject to the general

11 supervision and direction of the Director of the Bureau

12 of Immigration Services and Adjudications. All field direc13 tors shall remain accountable to, and receive their author14 ity from, the Director of the Bureau of Immigration Serv15 ices and Adjudications, in order to ensure consistent appli16 cation and implementation of policies nationwide.

17 (j) SERVICE CENTERS.—Headed by service center di18 rectors, field offices shall be responsible for assisting the

19 Director of the Bureau of Immigration Services and Adju20 dications in carrying out the Director’s functions that can

21 be effectively carried out at remote locations. Service cen22 ter directors are subject to the general supervision and

23 direction of their respective sector director, except that all

24 service center directors shall remain accountable to, and

25 receive their authority from, the Director of the Bureau

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•HR 3231 IH

1 of Immigration Services and Adjudications, in order to en2 sure consistent application and implementation of policies

3 nationwide.

4 (k) TRANSFER AND REMOVAL.—Notwithstanding

5 any other provision of law, the Director of the Bureau of

6 Immigration Services and Adjudications may, in the Di7 rector’s discretion, transfer or remove any field director,

8 sector director, or service center director.

9 (l) REFERENCES.—With respect to any function

10 transferred by this section or Act to, and exercised on or

11 after the effective date of this section by, the Director of

12 the Bureau of Immigration Services and Adjudications,

13 any reference in any other Federal law, Executive order,

14 rule, regulation, or delegation of authority, or any docu15 ment of or pertaining to a component of government from

16 which such function is transferred—

17 (1) to the head of such component is deemed to

18 refer to the Director of the Bureau of Immigration

19 Services and Adjudications; or

20 (2) to such component is deemed to refer to the

21 Bureau of Immigration Services and Adjudications.

22 SEC. 5. OFFICE OF THE OMBUDSMAN.

23 (a) FUNCTIONS.—It shall be the function of the Of24 fice of the Ombudsman established under section 3—

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•HR 3231 IH

1 (1) to assist individuals and employers in re2 solving problems with the Bureau of Immigration

3 Services and Adjudications;

4 (2) to identify areas in which individuals and

5 employers have problems in dealing with the Bureau

6 of Immigration Services and Adjudications;

7 (3) to the extent possible, to propose changes in

8 the administrative practices of the Bureau of Immi9 gration Services and Adjudications to mitigate prob10 lems identified under paragraph (2); and

11 (4) to identify potential legislative changes

12 which may be appropriate to mitigate such problems.

13 (b) ANNUAL REPORTS.—

14 (1) OBJECTIVES.—Not later than June 30 of

15 each calendar year, the Ombudsman shall report to

16 the Committee on the Judiciary of the House of

17 Representatives and the Senate on the objectives of

18 the Office of the Ombudsman for the fiscal year be19 ginning in such calendar year. Any such report shall

20 contain full and substantive analysis, in addition to

21 statistical information, and—

22 (A) shall identify the initiatives the Office

23 of the Ombudsman has taken on improving

24 services and responsiveness of the Bureau of

25 Immigration Services and Adjudications;

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•HR 3231 IH

1 (B) shall contain a summary of the most

2 pervasive and serious problems encountered by

3 individuals and employers, including a descrip4 tion of the nature of such problems;

5 (C) shall contain an inventory of the items

6 described in subparagraphs (A) and (B) for

7 which action has been taken and the result of

8 such action;

9 (D) shall contain an inventory of the items

10 described in subparagraphs (A) and (B) for

11 which action remains to be completed and the

12 period during which each item has remained on

13 such inventory;

14 (E) shall contain an inventory of the items

15 described in subparagraphs (A) and (B) for

16 which no action has been taken, the period dur17 ing which each item has remained on such in18 ventory, the reasons for the inaction, and iden19 tify any Bureau of Immigration Services and

20 Adjudications official who is responsible for

21 such inaction;

22 (F) shall contain recommendations for

23 such administrative and legislative action as

24 may be appropriate to resolve problems encoun25 tered by individuals and employers; and

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•HR 3231 IH

1 (G) shall include such other information as

2 the Ombudsman may deem advisable.

3 (2) REPORT TO BE SUBMITTED DIRECTLY.—

4 Each report required under this subsection shall be

5 provided directly to the committees described in

6 paragraph (1) without any prior review or comment

7 from the Assistant Attorney General for Immigra8 tion Affairs, any other officer or employee of the De9 partment of Justice, or the Office of Management

10 and Budget.

11 (c) OTHER RESPONSIBILITIES.—The Ombudsman—

12 (1) shall monitor the coverage and geographic

13 allocation of local offices of the Ombudsman;

14 (2) shall develop guidance to be distributed to

15 all Bureau of Immigration Services and Adjudica16 tions officers and employees outlining the criteria for

17 referral of inquiries to local offices of the Ombuds18 man;

19 (3) shall ensure that the local telephone number

20 for each local office of the Ombudsman is published

21 and available to individuals and employers served by

22 the office; and

23 (4) shall meet regularly with the Director of the

24 Bureau of Immigration Services and Adjudications

25 to identify serious service problems and to present

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1 recommendations for administrative action as may

2 be appropriate to resolve problems encountered by

3 individuals and employers.

4 (d) PERSONNEL ACTIONS.—

5 (1) IN GENERAL.—The Ombudsman shall have

6 the responsibility and authority—

7 (A) to appoint local ombudsmen and make

8 available at least 1 such ombudsman for each

9 State; and

10 (B) to evaluate and take personnel actions

11 (including dismissal) with respect to any em12 ployee of any local office of the Ombudsman de13 scribed in subparagraph (A).

14 (2) CONSULTATION.—The Ombudsman may

15 consult with the appropriate supervisory personnel of

16 the Bureau of Immigration Services and Adjudica17 tions in carrying out the Ombudsman’s responsibil18 ities under this subsection.

19 (e) RESPONSIBILITIES OF BUREAU OF IMMIGRATION

20 SERVICES AND ADJUDICATIONS.—The Director of the Bu21 reau of Immigration Services and Adjudications shall es22 tablish procedures requiring a formal response to all rec23 ommendations submitted to such director by the Ombuds24 man within 3 months after submission to such director.

25 (f) OPERATION OF LOCAL OFFICES.—

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1 (1) IN GENERAL.—Each local ombudsman —

2 (A) shall report to the Ombudsman or del3 egate thereof;

4 (B) may consult with the appropriate su5 pervisory personnel of the Bureau of Immigra6 tion Services and Adjudications regarding the

7 daily operation of the local office of such om8 budsman;

9 (C) shall, at the initial meeting with any

10 individual or employer seeking the assistance of

11 such local office, notify such individual or em12 ployer that the local offices of the Ombudsman

13 operate independently of any other component

14 in the Agency for Immigration Affairs and re15 port directly to the Congress through the Om16 budsman; and

17 (D) at the local ombudsman’s discretion,

18 may determine not to disclose to the Bureau of

19 Immigration Services and Adjudications contact

20 with, or information provided by, such indi21 vidual or employer.

22 (2) MAINTENANCE OF INDEPENDENT COMMU23 NICATIONS.—Each local office of the Ombudsman

24 shall maintain a phone, facsimile, and other means

25 of electronic communication access, and a post office

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1 address, that is separate from those maintained by

2 the Bureau of Immigration Services and Adjudica3 tions, or any component of the Bureau of Immigra4 tion Services and Adjudications.

5 SEC. 6. ESTABLISHMENT OF BUREAU OF IMMIGRATION EN6 FORCEMENT.

7 (a) ESTABLISHMENT OF BUREAU.—

8 (1) IN GENERAL.—There is established in the

9 Agency for Immigration Affairs a bureau to be

10 known as the ‘‘Bureau of Immigration Enforce11 ment’’.

12 (2) DIRECTOR.—The head of the Bureau of Im13 migration Enforcement shall be the Director of the

14 Bureau of Immigration Enforcement, who—

15 (A) shall report directly to the Associate

16 Attorney General for Immigration Affairs; and

17 (B) shall have a minimum of 10 years pro18 fessional experience in law enforcement, at least

19 5 of which shall have been years of service in

20 a managerial capacity.

21 (3) FUNCTIONS.—The Director of the Bureau

22 of Immigration Enforcement—

23 (A) shall establish the policies for per24 forming such functions as are transferred to the

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1 Director by this section or this Act or otherwise

2 vested in the Director by law;

3 (B) shall oversee the administration of

4 such policies; and

5 (C) shall advise the Associate Attorney

6 General for Immigration Affairs with respect to

7 any policy or operation of the Bureau of Immi8 gration Enforcement that may affect the Bu9 reau of Immigration Services and Adjudica10 tions, or the Executive Office for Immigration

11 Review, including potentially conflicting policies

12 or operations.

13 (b) TRANSFER OF FUNCTIONS.—

14 (1) FROM COMMISSIONER.—There are trans15 ferred from the Commissioner of the Immigration

16 and Naturalization Service to the Director of the

17 Bureau of Immigration Enforcement all functions

18 performed under the following programs, and all

19 personnel, infrastructure, and funding provided to

20 the Commissioner in support of such programs im21 mediately before the effective date of this section:

22 (A) The Border Patrol program.

23 (B) The detention and removal program.

24 (C) The intelligence program.

25 (D) The investigations program.

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1 (E) The inspections program.

2 (2) FROM ASSISTANT ATTORNEY GENERAL,

3 CRIMINAL DIVISION.—There are transferred from

4 the Assistant Attorney General, Criminal Division,

5 to the Director of the Bureau of Immigration En6 forcement all functions performed by the Office of

7 Special Investigations and all personnel, infrastruc8 ture, and funding provided to the Assistant Attorney

9 General, Criminal Division, in support of the Office

10 of Special Investigations immediately before the ef11 fective date of this section.

12 (3) FROM ASSISTANT ATTORNEY GENERAL,

13 CIVIL DIVISION.—There are transferred from the As14 sistant Attorney General, Civil Division, to the Di15 rector of the Bureau of Immigration Enforcement

16 all functions performed by the Office of Immigration

17 Litigation relating to the litigation of the following:

18 (A) Challenges to orders of exclusion, de19 portation, and removal;

20 (B) Denials of relief from exclusion, depor21 tation, and removal;

22 (C) Petitions seeking review of employer

23 sanctions;

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1 (D) Habeas corpus actions filed by aliens

2 seeking release from detention or to block de3 portation or removal;

4 (E) Appeals from district court immigra5 tion decisions;

6 (F) Suits challenging immigration policy

7 and enforcement actions by the Attorney Gen8 eral; and

9 (G) all personnel, infrastructure, and fund10 ing provided to the Assistant Attorney General,

11 Civil Division, in support of those functions im12 mediately before the effective date of this sec13 tion.

14 (c) OFFICE OF POLICY AND STRATEGY.—There is es15 tablished in the Bureau of Immigration Enforcement an

16 office to be known as the ‘‘Office of Policy and Strategy’’.

17 The head of the Office of Policy and Strategy shall be

18 the Chief of the Office of Policy and Strategy. In consulta19 tion with Bureau of Immigration Enforcement personnel

20 in field offices, the Chief of the Office of Policy and Strat21 egy shall be responsible for—

22 (1) establishing national immigration enforce23 ment policies and priorities;

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1 (2) performing policy research and analysis on

2 immigration enforcement issues (excluding statistical

3 information); and

4 (3) coordinating immigration policy issues with

5 the Office of Policy and Strategy for the Bureau of

6 Immigration Services and Adjudications and the As7 sociate Attorney General for Immigration Affairs

8 through the Policy Advisor for the Office of the As9 sociate Attorney General for Immigration Affairs, as

10 appropriate.

11 (d) GENERAL COUNSEL FOR THE BUREAU OF IMMI12 GRATION ENFORCEMENT.—There shall be a position of

13 General Counsel for the Bureau of Immigration Enforce14 ment. The General Counsel and his or her delegates—

15 (1) shall provide specialized legal advice and

16 other assistance to the Director of the Bureau, the

17 Director’s delegates, and all employees of the compo18 nents transferred under this section;

19 (2) shall represent the Bureau in all exclusion,

20 deportation, and removal proceedings before the Ex21 ecutive Office for Immigration Review, including in

22 proceedings to adjudicate relief from exclusion, de23 portation and removal, and in other legal, judicial,

24 or administrative proceedings involving immigration

25 enforcement issues; and

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1 (3) shall coordinate legal issues with the Gen2 eral Counsel for the Bureau of Immigration Services

3 and Adjudications, including the issuance of joint

4 legal opinions where more than the Bureau of Immi5 gration Enforcement is affected, the General Coun6 sel for the Executive Office for Immigration Review,

7 and the Associate Attorney General for Immigration

8 Affairs through the Legal Advisor for the Agency for

9 Immigration Affairs, as appropriate.

10 (e) CHIEF BUDGET OFFICER FOR THE BUREAU OF

11 IMMIGRATION ENFORCEMENT.—There shall be a position

12 of Chief Budget Officer for the Bureau of Immigration

13 Enforcement. The Chief Budget Officer shall be respon14 sible for formulating and executing the budget of the Bu15 reau of Immigration Enforcement. The Chief Budget Offi16 cer shall report to the Director of the Bureau of Immigra17 tion Enforcement and shall provide information to, and

18 coordinate resolution of relevant issues with, the Chief Fi19 nancial Officer for the Agency for Immigration Affairs.

20 (f) OFFICE OF OPERATIONS STATISTICS.—There is

21 established in the Bureau of Immigration Enforcement an

22 office to be known as the ‘‘Office of Operations Statistics’’.

23 The head of the Office of Operations Statistics shall be

24 the Chief of the Office of Operations Statistics. The Chief

25 shall have had experience in statistical programs. The

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1 Chief of the Office of Operations Statistics shall be re2 sponsible for compiling and disseminating the daily oper3 ational statistics of the Bureau of Immigration Enforce4 ment.

5 (g) OFFICE OF CONGRESSIONAL, INTERGOVERN6 MENTAL, AND PUBLIC AFFAIRS.—There is established in

7 the Bureau of Immigration Enforcement an office to be

8 known as the ‘‘Office of Congressional, Intergovernmental,

9 and Public Affairs’’. The head of such office shall be the

10 Chief of the Office of Congressional, Intergovernmental,

11 and Public Affairs. The Chief shall be responsible for—

12 (1) providing information relating to immigra13 tion enforcement to the Congress, including informa14 tion on specific cases relating to immigration en15 forcement;

16 (2) serving as a liaison with other Federal

17 agencies on immigration enforcement issues; and

18 (3) responding to inquiries from the media and

19 the general public on immigration enforcement

20 issues.

21 (h) SECTORS.—Headed by sector directors, and lo22 cated in appropriate geographic locations, sectors of the

23 Bureau of Immigration Enforcement shall be responsible

24 for directing all aspects of the Bureau of Immigration En25 forcement’s operations within their assigned geographic

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1 areas of activity. Sector directors shall provide general

2 guidance and supervision to the field offices of the Bureau

3 of Immigration Enforcement within their sectors.

4 (i) FIELD OFFICES.—Headed by field directors, who

5 may be assisted by deputy field directors, field offices shall

6 be responsible for assisting the Director of the Bureau of

7 Immigration Enforcement in carrying out the Director’s

8 functions. Field directors shall be subject to the general

9 supervision and direction of their respective sector direc10 tor, except that field directors outside of the United States

11 shall be subject to the general supervision and direction

12 of the Director of the Bureau of Immigration Enforce13 ment. All field directors shall remain accountable to, and

14 receive their authority from, the Director of the Bureau

15 of Immigration Enforcement, in order to ensure consistent

16 application and implementation of policies nationwide.

17 There shall be a field office situated in at least every loca18 tion where there is situated a field office of the Bureau

19 of Immigration Services and Adjudications.

20 (j) BORDER PATROL SECTORS.—Headed by chief pa21 trol agents, who may be assisted by deputy chief patrol

22 agents, these offices shall be responsible for the enforce23 ment of the Immigration and Nationality Act and all other

24 laws relating to immigration and naturalization within

25 their assigned geographic areas of activity, unless any

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1 such power and authority is required to be exercised by

2 higher authority or has been exclusively delegated to an3 other immigration official or class of immigration officer.

4 Chief patrol agents are subject to the general supervision

5 and direction of their respective sector director, except

6 that they shall remain accountable to, and receive their

7 authority from, the Director of the Bureau of Immigration

8 Enforcement, in order to ensure consistent application and

9 implementation of policies nationwide.

10 (k) TRANSFER AND REMOVAL.—Notwithstanding

11 any other provision of law, the Director of the Bureau of

12 Immigration Enforcement may, in the Director’s discre13 tion, transfer or remove any field director, sector director,

14 or chief patrol officer.

15 (l) REFERENCES.—With respect to any function

16 transferred by this section or Act to, and exercised on or

17 after the effective date of this section by, the Director of

18 the Bureau of Immigration Enforcement, any reference in

19 any other Federal law, Executive order, rule, regulation,

20 or delegation of authority, or any document of or per21 taining to a component of government from which such

22 function is transferred—

23 (1) to the head of such component is deemed to

24 refer to the Director of the Bureau of Immigration

25 Enforcement; or

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1 (2) to such component is deemed to refer to the

2 Bureau of Immigration Enforcement.

3 SEC. 7. EXERCISE OF AUTHORITIES.

4 Except as otherwise provided by law, a Federal offi5 cial to whom a function is transferred by this Act may,

6 for purposes of performing the function, exercise all au7 thorities under any other provision of law that were avail8 able with respect to the performance of that function to

9 the official responsible for the performance of the function

10 immediately before the effective date of the transfer of the

11 function under this Act.

12 SEC. 8. SAVINGS PROVISIONS.

13 (a) LEGAL DOCUMENTS.—All orders, determinations,

14 rules, regulations, permits, grants, loans, contracts, agree15 ments, recognition of labor organizations, certificates, li16 censes, and privileges—

17 (1) that have been issued, made, granted, or al18 lowed to become effective by the President, the At19 torney General, the Commissioner of the Immigra20 tion and Naturalization Service, their delegates, or

21 any other Government official, or by a court of com22 petent jurisdiction, in the performance of any func23 tion that is transferred by this Act; and

24 (2) that are in effect on the effective date of

25 such transfer (or become effective after such date

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1 pursuant to their terms as in effect on such effective

2 date),

3 shall continue in effect according to their terms until

4 modified, terminated, superseded, set aside, or revoked in

5 accordance with law by the President, any other author6 ized official, a court of competent jurisdiction, or operation

7 of law.

8 (b) PROCEEDINGS.—Sections 4 and 6 and this sec9 tion shall not affect any proceedings or any application

10 for any benefit, service, license, permit, certificate, or fi11 nancial assistance pending on the effective date specified

12 in section 17(a) before an office whose functions are trans13 ferred by this Act, but such proceedings and applications

14 shall be continued. Orders shall be issued in such pro15 ceedings, appeals shall be taken therefrom, and payments

16 shall be made pursuant to such orders, as if this Act had

17 not been enacted, and orders issued in any such pro18 ceeding shall continue in effect until modified, terminated,

19 superseded, or revoked by a duly authorized official, by

20 a court of competent jurisdiction, or by operation of law.

21 Nothing in this section shall be considered to prohibit the

22 discontinuance or modification of any such proceeding

23 under the same terms and conditions and to the same ex24 tent that such proceeding could have been discontinued

25 or modified if this section had not been enacted.

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1 (c) SUITS.—This Act shall not affect suits com2 menced before the effective date specified in section 17(a),

3 and in all such suits, proceedings shall be had, appeals

4 taken, and judgments rendered in the same manner and

5 with the same effect as if this Act had not been enacted.

6 (d) NONABATEMENT OF ACTIONS.—No suit, action,

7 or other proceeding commenced by or against the Depart8 ment of Justice or the Immigration and Naturalization

9 Service, or by or against any individual in the official ca10 pacity of such individual as an officer or employee in con11 nection with a function transferred by this section, shall

12 abate by reason of the enactment of this Act.

13 (e) CONTINUANCE OF SUITS.—If any Government of14 ficer in the official capacity of such officer is party to a

15 suit with respect to a function of the officer and under

16 this Act such function is transferred to any other officer

17 or office, then such suit shall be continued with the other

18 officer or the head of such other office, as applicable, sub19 stituted or added as a party.

20 (f) ADMINISTRATIVE PROCEDURE AND JUDICIAL RE21 VIEW.—Except as otherwise provided by this Act, any

22 statutory requirements relating to notice, hearings, action

23 upon the record, or administrative or judicial review that

24 apply to any function transferred by this Act shall apply

25 to the exercise of such function by the head of the office,

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1 and other officers of the office, to which such function is

2 transferred by such section.

3 SEC. 9. TRANSFER AND ALLOCATION OF APPROPRIATIONS

4 AND PERSONNEL.

5 (a) IN GENERAL.—The personnel of the Department

6 of Justice employed in connection with the functions

7 transferred by this Act (and functions that the Attorney

8 General determines are properly related to the functions

9 of the Bureau of Immigration Services and Adjudications

10 or the Bureau of Immigration Enforcement and would, if

11 transferred, further the purposes of the bureau to which

12 the function is transferred), and the assets, liabilities, con13 tracts, property, records, and unexpended balance of ap14 propriations, authorizations, allocations, and other funds

15 employed, held, used, arising from, available to, or to be

16 made available to the Immigration and Naturalization

17 Service, the Executive Office for Immigration Review, the

18 Office of Immigration Litigation of the Civil Division, the

19 Office of Special Counsel for Immigration Related Unfair

20 Employment Practices of the Civil Rights Division, or the

21 Office of Special Investigations of the Criminal Division

22 in connection with the functions transferred by this Act,

23 subject to section 202 of the Budget and Accounting Pro24 cedures Act of 1950, shall be transferred to the Agency

25 for Immigration Affairs for appropriate allocation by the

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1 Associate Attorney General for Immigration Affairs or the

2 appropriate head of component of the agency. Unexpended

3 funds transferred pursuant to this subsection shall be used

4 only for the purposes for which the funds were originally

5 authorized and appropriated. The Attorney General shall

6 have the right to adjust or realign transfers of funds and

7 personnel effected pursuant to this Act for a period of 2

8 years after the date of the establishment of the Agency

9 for Immigration Affairs.

10 (b) DELEGATION AND ASSIGNMENT.—Except as oth11 erwise expressly prohibited by law or otherwise provided

12 in this Act, of the Associate Attorney General for Immi13 gration Affairs, the Director of the Bureau of Immigration

14 Services and Adjudications, and the Director of the Bu15 reau of Immigration Enforcement, the person to whom

16 functions are transferred under this Act may delegate any

17 of the functions so transferred to such officers and em18 ployees of the Agency for Immigration Affairs, the Bureau

19 of Immigration Services and Adjudications or the Bureau

20 of Immigration Enforcement, respectively, as the person

21 may designate, and may authorize successive redelegations

22 of such functions as may be necessary or appropriate. No

23 delegation of functions under this subsection or under any

24 other provision of this Act shall relieve the official to whom

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1 a function is transferred under this Act of responsibility

2 for the administration of the function.

3 (c) AUTHORITIES OF ATTORNEY GENERAL.—The At4 torney General (or a delegate of the Attorney General),

5 at such time or times as the Attorney General (or the dele6 gate) shall provide, may make such determinations as may

7 be necessary with regard to the functions transferred by

8 this Act, and may make such additional incidental disposi9 tions of personnel, assets, liabilities, grants, contracts,

10 property, records, and unexpended balances of appropria11 tions, authorizations, allocations, and other funds held,

12 used, arising from, available to, or to be made available

13 in connection with such functions, as may be necessary

14 to carry out the provisions of this Act. The Attorney Gen15 eral shall provide for such further measures and disposi16 tions as may be necessary to effectuate the purposes of

17 this Act.

18 (d) DATABASES.—The Associate Attorney General

19 for Immigration Affairs shall ensure that the Agency for

20 Immigration Affairs’ databases and those of the Bureau

21 of Immigration Services and Adjudications and the Bu22 reau of Immigration Enforcement are integrated with the

23 databases of the Executive Office for Immigration Review

24 in such a way as to permit—

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1 (1) the electronic docketing of each case by date

2 of service upon an alien of the notice to appear in

3 the case of a removal proceeding (or an order to

4 show cause in the case of a deportation proceeding,

5 or a notice to alien in the case of an exclusion pro6 ceeding); and

7 (2) the tracking of the status of any alien

8 throughout the alien’s contact with United States

9 immigration authorities without regard to whether

10 the entity with jurisdiction over the alien is the

11 Agency for Immigration Affairs, the Bureau of Im12 migration Services and Adjudications, the Bureau of

13 Immigration Enforcement, or the Executive Office

14 for Immigration Review.

15 SEC. 10. STATUTORY CONSTRUCTION.

16 Nothing in this Act may be construed to preclude or

17 limit in any way the powers, authorities, or duties of the

18 Secretary of State and special agents of the Department

19 of State and the Foreign Service under the State Depart20 ment Basic Authorities Act of 1956, the Immigration and

21 Nationality Act, or any other Act, to investigate illegal

22 passport or visa issuance or use.

23 SEC. 11. PERSONNEL FLEXIBILITIES.

24 (a) GENERAL IMPROVEMENTS IN PERSONNEL

25 FLEXIBILITIES.—Subpart I of part III of title 5, United

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1 States Code, is amended by adding at the end the fol2 lowing chapter:

3 ‘‘CHAPTER 96—PERSONNEL FLEXIBILI4 TIES RELATING TO THE AGENCY FOR

5 IMMIGRATION AFFAIRS

‘‘Sec.

‘‘9601. Agency for Immigration Affairs personnel flexibilities.

‘‘9602. Pay authority for critical positions.

‘‘9603. Streamlined critical pay authority.

‘‘9604. Recruitment, retention, relocation incentives, and relocation expenses.

6 ‘‘§ 9601. Agency for Immigration Affairs personnel

7 flexibilities

8 ‘‘(a) Any flexibilities provided by sections 9602

9 through 9604 shall be exercised in a manner consistent

10 with—

11 ‘‘(1) chapter 23 (relating to merit system prin12 ciples and prohibited personnel practices);

13 ‘‘(2) provisions relating to preference eligibles;

14 ‘‘(3) except as otherwise specifically provided,

15 section 5307 (relating to the aggregate limitation on

16 pay);

17 ‘‘(4) except as otherwise specifically provided,

18 chapter 71 (relating to labor-management relations);

19 and

20 ‘‘(5) subject to subsections (b) and (c) of sec21 tion 1104, as though such authorities were delegated

22 to the Attorney General under section 1104(a)(2).

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1 ‘‘(b) The Attorney General shall provide the Office

2 of Personnel Management with any information that Of3 fice requires in carrying out its responsibilities under this

4 section.

5 ‘‘(c) Employees within a unit to which a labor organi6 zation is accorded exclusive recognition under chapter 71

7 shall not be subject to any flexibility provided by sections

8 9602 through 9604.

9 ‘‘§ 9602. Pay authority for critical positions

10 ‘‘(a) When the Attorney General seeks a grant of au11 thority under section 5377 for critical pay for 1 or more

12 positions at the Agency for Immigration Affairs, the Office

13 of Management and Budget may fix the rate of basic pay,

14 notwithstanding sections 5377(d)(2) and 5307, at any

15 rate up to the salary set in accordance with section 104

16 of title 3.

17 ‘‘(b) No allowance, differential, bonus, award, or

18 similar cash payment may be paid to any employee receiv19 ing critical pay at a rate fixed under subsection (a), in

20 any calendar year if, or to the extent that, the employee’s

21 total annual compensation will exceed the maximum

22 amount of total annual compensation payable at the salary

23 set in accordance with section 104 of title 3.

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1 ‘‘§ 9603. Streamlined critical pay authority

2 ‘‘(a) Notwithstanding section 9602, and without re3 gard to the provisions of this title governing appointments

4 in the competitive service or the Senior Executive Service

5 and chapters 51 and 53 (relating to classification and pay

6 rates), the Attorney General may, for a period of 10 years

7 after the date of the enactment of this section, establish,

8 fix the compensation of, and appoint individuals to, des9 ignated critical administrative, technical, and professional

10 positions needed to carry out the functions of the Agency

11 for Immigration Affairs, if—

12 ‘‘(1) the positions—

13 ‘‘(A) require expertise of an extremely high

14 level in an administrative, technical, or profes15 sional field; and

16 ‘‘(B) are critical to the Agency for Immi17 gration Affairs’ successful accomplishment of

18 an important mission;

19 ‘‘(2) exercise of the authority is necessary to re20 cruit or retain an individual exceptionally well quali21 fied for the position;

22 ‘‘(3) the number of such positions does not ex23 ceed 20 at any one time;

24 ‘‘(4) designation of such positions is approved

25 by the Attorney General;

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1 ‘‘(5) the terms of such appointments are limited

2 to no more than 4 years;

3 ‘‘(6) appointees to such positions were not em4 ployees of the Immigration and Naturalization Serv5 ice, the Executive Office for Immigration Review,

6 the Office of Immigration Litigation of the Civil Di7 vision, the Office of Special Counsel for Immigration

8 Related Unfair Employment Practices of the Civil

9 Rights Division, or the Office of Special Investiga10 tions of the Criminal Division prior to the date of

11 the enactment of this Act;

12 ‘‘(7) total annual compensation for any ap13 pointee to such positions does not exceed the highest

14 total annual compensation payable at the rate deter15 mined under section 104 of title 3; and

16 ‘‘(8) all such positions are excluded from the

17 collective bargaining unit.

18 ‘‘(b) Individuals appointed under this section shall

19 not be considered to be employees for purposes of sub20 chapter II of chapter 75.

21 ‘‘§ 9604. Recruitment, retention, relocation incen22 tives, and relocation expenses

23 ‘‘(a) For a period of 10 years after the date of the

24 enactment of this section and subject to approval by the

25 Office of Personnel Management, the Attorney General

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1 may provide for variations from sections 5753 and 5754

2 governing payment of recruitment, relocation, and reten3 tion incentives.

4 ‘‘(b) For a period of 10 years after the date of the

5 enactment of this section, the Attorney General may pay

6 from appropriations made to the Agency for Immigration

7 Affairs allowable relocation expenses under section 5724a

8 for employees transferred or reemployed and allowable

9 travel and transportation expenses under section 5723 for

10 new appointees, for any new appointee appointed to a posi11 tion for which pay is fixed under section 9602 or 9603

12 after the date of the enactment of this Act.’’.

13 (b) CLERICAL AMENDMENT.—The table of chapters

14 for part III of title 5, United States Code, is amended

15 by adding after the item relating to chapter 95 the fol16 lowing:

‘‘96. Personnel flexibilities relating to the Agency for Immigration

Affairs .............................................................................................. 9601’’.

17 (c) VOLUNTARY SEPARATION INCENTIVE PAY18 MENTS.—

19 (1) DEFINITION.—In this subsection, the term

20 ‘‘employee’’ means an employee (as defined by sec21 tion 2105 of title 5, United States Code) who is em22 ployed by the Agency for Immigration Affairs serv23 ing under an appointment without time limitation,

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1 and has been currently employed for a continuous

2 period of at least 3 years, but does not include—

3 (A) a reemployed annuitant under sub4 chapter III of chapter 83 or chapter 84 of title

5 5, United States Code, or another retirement

6 system;

7 (B) an employee having a disability on the

8 basis of which such employee is or would be eli9 gible for disability retirement under the applica10 ble retirement system referred to in subpara11 graph (A);

12 (C) an employee who is in receipt of a spe13 cific notice of involuntary separation for mis14 conduct or unacceptable performance;

15 (D) an employee who, upon completing an

16 additional period of service as referred to in

17 section 3(b)(2)(B)(ii) of the Federal Workforce

18 Restructuring Act of 1994 (5 U.S.C. 5597

19 note), would qualify for a voluntary separation

20 incentive payment under section 3 of such Act;

21 (E) an employee who has previously re22 ceived any voluntary separation incentive pay23 ment by the Federal Government under this

24 section or any other authority and has not re25 paid such payment;

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1 (F) an employee covered by statutory re2 employment rights who is on transfer to an3 other organization;

4 (G) any employee who, during the 24-

5 month period preceding the date of separation,

6 has received a recruitment or relocation bonus

7 under section 5753 of title 5, United States

8 Code, or who, within the 12-month period pre9 ceding the date of separation, received a reten10 tion allowance under section 5754 of title 5,

11 United States Code; or

12 (H) any employee within a unit to which a

13 labor organization is accorded exclusive recogni14 tion under chapter 71.

15 (2) AUTHORITY TO PROVIDE VOLUNTARY SEPA16 RATION INCENTIVE PAYMENTS.—

17 (A) IN GENERAL.—The Associate Attorney

18 General for Immigration Affairs may pay vol19 untary separation incentive payments under

20 this section to any employee to the extent nec21 essary to carry out the plan to restructure the

22 immigration functions of the Department of

23 Justice into the Agency for Immigration Affairs

24 under this Act.

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1 (B) AMOUNT AND TREATMENT OF PAY2 MENTS.—A voluntary separation incentive

3 payment—

4 (i) shall be paid in a lump sum after

5 the employee’s separation;

6 (ii) shall be paid from appropriations

7 or funds available for the payment of the

8 basic pay of the employee;

9 (iii) shall be equal to the lesser of—

10 (I) an amount equal to the

11 amount the employee would be enti12 tled to receive under section 5595(c)

13 of title 5, United States Code; or

14 (II) an amount determined by

15 the Associate Attorney General for

16 Immigration Affairs not to exceed

17 $25,000;

18 (iv) may not be made except in the

19 case of any qualifying employee who volun20 tarily separates (whether by retirement or

21 resignation) before January 1, 2005;

22 (v) shall not be a basis for payment,

23 and shall not be included in the computa24 tion, of any other type of Government ben25 efit; and

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1 (vi) shall not be taken into account in

2 determining the amount of any severance

3 pay to which the employee may be entitled

4 under section 5595 of title 5, United

5 States Code, based on any other separa6 tion.

7 (3) ADDITIONAL AGENCY FOR IMMIGRATION AF8 FAIRS CONTRIBUTIONS TO THE RETIREMENT

9 FUND.—

10 (A) IN GENERAL.—In addition to any

11 other payments which it is required to make

12 under subchapter III of chapter 83 of title 5,

13 United States Code, the Agency for Immigra14 tion Affairs shall remit to the Office of Per15 sonnel Management for deposit in the Treasury

16 of the United States to the credit of the Civil

17 Service Retirement and Disability Fund an

18 amount equal to 15 percent of the final basic

19 pay of each employee who is covered under sub20 chapter III of chapter 83 or chapter 84 of title

21 5, United States Code, to whom a voluntary

22 separation incentive has been paid under this

23 subsection.

24 (B) DEFINITION.—In subparagraph (A),

25 the term ‘‘final basic pay’’, with respect to an

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1 employee, means the total amount of basic pay

2 which would be payable for a year of service by

3 such employee, computed using the employee’s

4 final rate of basic pay, and, if last serving on

5 other than a full-time basis, with appropriate

6 adjustment therefor.

7 (4) EFFECT OF SUBSEQUENT EMPLOYMENT

8 WITH THE GOVERNMENT.—An individual who has

9 received a voluntary separation incentive payment

10 under this subsection and accepts any employment

11 for compensation with the Government of the United

12 States, or who works for any agency of the United

13 States Government through a personal services con14 tract, within 5 years after the date of the separation

15 on which the payment is based, shall be required to

16 pay, prior to the individual’s first day of employ17 ment, the entire amount of the incentive payment to

18 the Agency for Immigration Affairs.

19 (5) EFFECT ON EMPLOYMENT LEVELS.—

20 (A) INTENDED EFFECT.—Voluntary sepa21 rations under this subsection are not intended

22 to necessarily reduce the total number of full23 time equivalent positions in the Agency for Im24 migration Affairs.

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1 (B) USE OF VOLUNTARY SEPARATIONS.—

2 The Agency for Immigration Affairs may rede3 ploy or use the full-time equivalent positions va4 cated by voluntary separations under this sub5 section to make other positions available to

6 more critical locations or more critical occupa7 tions.

8 SEC. 12. MISCELLANEOUS PROVISIONS.

9 Notwithstanding the Federal Property and Adminis10 trative Services Act of 1949 (40 U.S.C. 471 et seq.), the

11 Attorney General is authorized to expend from the appro12 priation provided for the administration and enforcement

13 of the Immigration and Nationality Act, such amounts as

14 may be necessary for the leasing or acquisition of property

15 in the fulfillment of establishing the Agency for Immigra16 tion Affairs under this Act.

17 SEC. 13. AUTHORIZATION OF APPROPRIATIONS; PROHIBI18 TION ON TRANSFER OF FEES; SENSE OF CON19 GRESS.

20 (a) AUTHORIZATION OF APPROPRIATIONS FOR TRAN21 SITION.—

22 (1) IN GENERAL.—There are authorized to be

23 appropriated such sums as may be necessary to ef24 fect the abolition of the Immigration and Natu25 ralization Service, the establishment of the Agency

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1 for Immigration Affairs and its components, and the

2 transfers of functions required to be made under

3 this Act, and to carry out any other duty related

4 to the reorganization of the immigration and natu5 ralization functions that is made necessary by this

6 Act.

7 (2) AVAILABILITY OF FUNDS.—Amounts appro8 priated under paragraph (1) shall remain available

9 until expended.

10 (3) TRANSITION ACCOUNT.—

11 (A) ESTABLISHMENT.—There is estab12 lished in the general fund of the Treasury of

13 the United States a separate account, which

14 shall be known as the ‘‘Immigration Reorga15 nization Transition Account’’ (in this paragraph

16 referred to as the ‘‘Account’’).

17 (B) USE OF ACCOUNT.—There shall be de18 posited into the Account all amounts appro19 priated under paragraph (1).

20 (C) ADVANCED AVAILABILITY OF

21 FUNDS.—To the extent provided in appropria22 tions Acts, funds in the Account shall be avail23 able for expenditure before the effective date in

24 section 17(a).

25 (b) SEPARATION OF FUNDING.—

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1 (1) IN GENERAL.—There shall be established

2 separate accounts in the Treasury of the United

3 States for appropriated funds and other deposits

4 available for the Bureau of Immigration Services

5 and Adjudications, the Bureau of Immigration En6 forcement, and the Executive Office for Immigration

7 Review.

8 (2) SEPARATE BUDGETS.—To ensure that the

9 Bureau of Immigration Services and Adjudications,

10 the Bureau of Immigration Enforcement, and the

11 Executive Office for Immigration Review are funded

12 to the extent necessary to fully carry out their re13 spective functions, the Director of the Office of Man14 agement and Budget shall separate the budget re15 quests for each such entity.

16 (3) FEES.—Fees imposed for a particular serv17 ice, application, or benefit shall be deposited into the

18 account established under paragraph (1) that is for

19 the bureau with jurisdiction over the function to

20 which the fee relates.

21 (4) FEES NOT TRANSFERABLE.—No fee may be

22 transferred among the Bureau of Immigration Serv23 ices and Adjudications, the Bureau of Immigration

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1 tion Review for purposes not authorized by section

2 286 of the Immigration and Nationality Act.

3 (5) ESTABLISHMENT OF FEES FOR ADJUDICA4 TION AND NATURALIZATION SERVICES.—Section

5 286(m) of the Immigration and Nationality Act (8

6 U.S.C. 1356(m)) is amended by striking ‘‘services,

7 including the costs of similar services provided with8 out charge to asylum applicants or other immi9 grants.’’ and inserting ‘‘services.’’.

10 (c) SENSE OF CONGRESS.—It is the sense of the Con11 gress that—

12 (1) the missions of both the Bureau of Immi13 gration Services and Adjudications and the Bureau

14 of Immigration Enforcement are equally important

15 and, accordingly, both Bureaus should be adequately

16 funded; and

17 (2) neither the immigration adjudication and

18 service functions referred to in section 4 nor the im19 migration enforcement functions referred to in sec20 tion 6 should operate at levels below that in exist21 ence prior to the enactment of this Act.

22 (d) AUTHORIZATION OF APPROPRIATIONS FOR BACK23 LOG REDUCTION.—There are authorized to be appro24 priated such sums as may be necessary for fiscal years

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1 2002 through 2004 to reduce any backlog in processing

2 and adjudicating pending—

3 (1) applications for naturalization under section

4 308 of the Immigration and Nationality Act;

5 (2) applications for adjustments of status under

6 sections 245 and 209 of such Act;

7 (3) petitions for nonimmigrant visas under sec8 tion 214 of such Act;

9 (4) applications for immigrant visas under sec10 tion 222 of such Act;

11 (5) applications for asylum under section 208 of

12 such Act; and

13 (6) petitions for temporary protected status

14 under section 244 of such Act.

15 SEC. 14. REPORTS AND IMPLEMENTATION PLANS.

16 (a) DIVISION OF FUNDS.—The Attorney General, not

17 later than 120 days after the date of the enactment of

18 this Act, shall submit to the Committees on Appropria19 tions and the Judiciary of the House of Representatives

20 and of the Senate a report on the proposed division and

21 transfer of funds, including unexpended funds, appropria22 tions, and fees, among the components of the Agency for

23 Immigration Affairs. Not later than 60 days after the date

24 of submittal of such report, each such component shall

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1 submit to such Committees an operating plan of resources

2 allocated, by object class and decision unit structure.

3 (b) DIVISION OF PERSONNEL.—The Attorney Gen4 eral, not later than 120 days after the date of the enact5 ment of this Act, shall submit to the Committees on Ap6 propriations and the Judiciary of the House of Represent7 atives and of the Senate a report on the proposed division

8 of personnel among the components of the Agency for Im9 migration Affairs.

10 (c) IMPLEMENTATION PLAN.—

11 (1) IN GENERAL.—The Attorney General, not

12 later than 120 days after the date of the enactment

13 of this Act, shall submit to the Committees on Ap14 propriations and the Judiciary of the House of Rep15 resentatives and of the Senate an implementation

16 plan to carry out this Act.

17 (2) CONTENTS.—The implementation plan

18 should include details concerning the separation of

19 the components of the Agency for Immigration Af20 fairs, including but not limited to the following:

21 (A) Organizational structure, including the

22 field structure.

23 (B) Chain of command.

24 (C) Procedures for interaction between

25 such components.

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1 (D) Procedures for the Director of Shared

2 Services to perform all shared support func3 tions, including authorizing the Directors of the

4 Bureau of Immigration Services and Adjudica5 tions, the Bureau of Immigration Enforcement,

6 and the Executive Office for Immigration Re7 view to approve training curricula and to ac8 quire such supplies and equipment as may be

9 necessary to perform the daily operations of

10 their component of the Agency for Immigration

11 Affairs.

12 (E) Procedures to establish separate ac13 counts and financial management systems for

14 the Bureau of Immigration Services and Adju15 dications, the Bureau of Immigration Enforce16 ment, and the Executive Office for Immigration

17 Review and to implement all provisions of sec18 tion 13(b).

19 (F) Fraud detection and investigation.

20 (G) The processing and handling of re21 moval proceedings, including expedited removal

22 and applications for relief from removal.

23 (H) Recommendations for conforming

24 amendments to the Immigration and Nation25 ality Act.

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1 (I) Establishment of a transition team.

2 (J) Ways to phase in the costs of sepa3 rating the administrative support systems of

4 the Immigration and Naturalization Service in

5 order to provide for separate administrative

6 support systems for the Bureau of Immigration

7 Services and Adjudications, the Bureau of Im8 migration Enforcement, and the Executive Of9 fice for Immigration Review in instances where

10 separate systems are more efficient or effective.

11 (d) REPORT ON IMPROVING IMMIGRATION SERV12 ICES.—

13 (1) IN GENERAL.—The Attorney General, not

14 later than 1 year after the date of the enactment of

15 this Act, shall submit to the Committees on the Ju16 diciary and Appropriations of the House of Rep17 resentatives and of the Senate a report containing a

18 plan for how the Director of the Bureau of Immigra19 tion Services and Adjudications will complete effi20 ciently, fairly, and within a reasonable time, the ad21 judications described in subparagraphs (A) through

22 (E) of section 4(b)(1).

23 (2) CONTENTS.—For each type of adjudication

24 to be undertaken by the Director of the Bureau of

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1 Immigration Services and Adjudications, the report

2 shall include the following:

3 (A) Any potential savings of resources that

4 may be implemented without affecting the qual5 ity of the adjudication.

6 (B) The goal for processing time with re7 spect to the application.

8 (C) Any statutory modifications with re9 spect to the adjudication that the Attorney

10 General considers advisable.

11 (3) CONSULTATION.—In carrying out para12 graph (1), the Attorney General shall consult with

13 the Secretary of State, the Secretary of Labor, the

14 Associate Attorney General for Immigration Affairs,

15 the Director of the Bureau of Immigration Enforce16 ment, and the Director of the Executive Office for

17 Immigration Review to determine how to streamline

18 and improve the process for applying for and mak19 ing adjudications described in section 4(b)(1) and

20 related processes.

21 (e) REPORT ON IMPROVING ENFORCEMENT FUNC22 TION.—

23 (1) IN GENERAL.—The Attorney General, not

24 later than 1 year after the date of the enactment of

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1 priations and the Judiciary of the House of Rep2 resentatives and of the Senate a report with a plan

3 detailing how the Bureau of Immigration Enforce4 ment, after the transfer of functions performed

5 under the programs described in subparagraphs (A)

6 through (E) of section 6(b)(1), will enforce com7 prehensively, effectively, and fairly all the enforce8 ment provisions of the Immigration and Nationality

9 Act relating to such programs.

10 (2) CONSULTATION.—In carrying out para11 graph (1), the Attorney General shall consult with

12 the Secretary of State, the Director of the Federal

13 Bureau of Investigation, the Secretary of the Treas14 ury, the Secretary of Labor, the Commissioner of

15 Social Security, the Associate Attorney General for

16 Immigration Affairs, the Director of the Bureau of

17 Immigration Services and Adjudications, the Direc18 tor of the Executive Office for Immigration Review,

19 and the heads of State and local law enforcement

20 agencies to determine how to most effectively con21 duct enforcement operations.

22 (f) REPORT ON SHARED SERVICES.—The Attorney

23 General, not later than 3 years after the effective date of

24 the transfer of functions under this Act, shall submit to

25 the Committees on the Judiciary and Appropriations of

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1 the House of Representatives and of the Senate a report

2 on whether the Director of Shared Services is properly

3 serving the Bureau of Immigration Services and Adjudica4 tions, the Bureau of Immigration Enforcement, and the

5 Executive Office for Immigration Review. The report

6 should address whether it would be more efficient to trans7 fer the functions described in paragraphs (1) through (4)

8 of section 3(d) to the Director of the Bureau of Immigra9 tion Services and Adjudications, the Director of the Bu10 reau of Immigration Enforcement, and the Director of the

11 Executive Office for Immigration Review, and shall in12 clude an estimate of the cost of such transfers.

13 (g) COMPTROLLER GENERAL STUDIES AND RE14 PORTS.—

15 (1) STATUS REPORTS ON TRANSITION.—Not

16 later than 18 months after the effective date of the

17 transfer of functions under this Act, and every 6

18 months thereafter, until full implementation of this

19 Act has been completed, the Comptroller General of

20 the United States shall submit to the Committees on

21 Appropriations and on the Judiciary of the House of

22 Representatives and the Senate a report containing

23 the following:

24 (A) A determination of whether the trans25 fer of functions made by sections 4 and 6 of

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1 this Act has been completed, and if the transfer

2 of functions has not taken place, identifying the

3 reasons why the transfer has not taken place.

4 (B) If the transfer of functions made by

5 sections 4 and 6 of this Act has been com6 pleted, an identification of any issues that have

7 arisen due to the completed transfer of func8 tions.

9 (C) An identification of any issues that

10 may arise due to the future transfer of func11 tions.

12 (2) REPORT ON MANAGEMENT.—Not later than

13 4 years after the effective date of the transfer of the

14 function under this Act, the Comptroller General of

15 the United States shall submit to the Committees on

16 Appropriations and on the Judiciary of the House of

17 Representatives and the Senate a report, following a

18 study, containing the following:

19 (A) Determinations of whether the transfer

20 of functions from the Immigration and Natu21 ralization Service, the Office of Immigration

22 Litigation of the Civil Division, and the Office

23 of Special Counsel for Immigration Related Un24 fair Employment Practices of the Civil Rights

25 Division to the Bureau of Immigration Services

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1 and Adjudications, and the transfer of functions

2 from the Immigration and Naturalization Serv3 ice, the Office of Immigration Litigation of the

4 Civil Division, and the Office of Special Inves5 tigations of the Criminal Division to the Bureau

6 of Immigration Enforcement, under this Act

7 has improved, with respect to each function

8 transferred, the following:

9 (i) Operations.

10 (ii) Management, including account11 ability and communication.

12 (iii) Financial administration.

13 (iv) Recordkeeping, including informa14 tion management and technology.

15 (B) A statement of the reasons for the de16 terminations under subparagraph (A).

17 (C) Any recommendations for further im18 provements to the Agency for Immigration Af19 fairs.

20 SEC. 15. APPLICATION OF INTERNET BASED TECH21 NOLOGIES.

22 (a) ESTABLISHMENT OF TRACKING SYSTEM.—The

23 Attorney General, not later than 1 year after the date of

24 the enactment of this Act, in consultation with the Tech25 nology Advisory Committee established under subsection

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1 (c), shall establish an Internet-based system, that will per2 mit a person, employer, immigrant, or nonimmigrant who

3 has filings with the Attorney General for any benefit under

4 the Immigration and Nationality Act, access to online in5 formation about the processing status of the filing in6 volved.

7 (b) FEASIBILITY STUDY FOR ON-LINE FILING AND

8 IMPROVED PROCESSING.—

9 (1) ON-LINE FILING.—The Attorney General,

10 in consultation with the Technology Advisory Com11 mittee established under subsection (c), shall con12 duct a feasibility study on the on-line filing of the

13 filings described in subsection (a). The study shall

14 include a review of computerization and technology

15 of the Immigration and Naturalization Service relat16 ing to the immigration services and processing of fil17 ings related to immigrant services. The study shall

18 also include an estimate of the timeframe and cost

19 and shall consider other factors in implementing

20 such a filing system, including the feasibility of fee

21 payment on-line.

22 (2) REPORT.—A report on the study under this

23 subsection shall be submitted to the Committees on

24 the Judiciary of the House of Representatives and

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1 the Senate not later than 1 year after the date of

2 the enactment of this Act.

3 (c) TECHNOLOGY ADVISORY COMMITTEE.—

4 (1) ESTABLISHMENT.—The Attorney General

5 shall establish, not later than 60 days after the date

6 of the enactment of this Act an advisory committee

7 (in this section referred to as the ‘‘Technology Advi8 sory Committee’’) to assist the Attorney General

9 in—

10 (A) establishing the tracking system under

11 subsection (a); and

12 (B) conducting the study under subsection

13 (b).

14 The Technology Advisory Committee shall be estab15 lished after consultation with the Committees on the

16 Judiciary of the House of Representatives and the

17 Senate.

18 (2) COMPOSITION.—The Technology Advisory

19 Committee shall be composed of representatives

20 from high technology companies capable of estab21 lishing and implementing the system in an expedi22 tious manner, and representatives of persons who

23 may use the tracking system described in subsection

24 (a) and the on-line filing system described in sub25 section (b)(1).

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1 SEC. 16. DEFINITIONS.

2 For purposes of this Act:

3 (1) The term ‘‘function’’ includes any duty, ob4 ligation, power, authority, responsibility, right, privi5 lege, activity, or program.

6 (2) The term ‘‘office’’ includes any office, ad7 ministration, agency, bureau, institute, council, unit,

8 organizational entity, or component thereof.

9 SEC. 17. EFFECTIVE DATE; TRANSITION.

10 (a) IN GENERAL.—The abolishment of the Immigra11 tion and Naturalization Service, the establishment of the

12 Agency for Immigration Affairs, and the transfers of func13 tions specified under this Act shall take effect on the date

14 that is 1 year after the date of the enactment of this Act.

15 The Associate Attorney General for Immigration Affairs,

16 the Director of the Bureau of Immigration Services and

17 Adjudications, and the Director of the Bureau of Immi18 gration Enforcement shall be appointed not later than

19 such effective date. To the extent that functions to be

20 transferred to such persons under this Act continue to be

21 performed by the Immigration and Naturalization Service,

22 the Office of Immigration Litigation of the Civil Division,

23 the Office of Special Counsel for Immigration Related Un24 fair Employment Practices of the Civil Rights Division,

25 and the Office of Special Investigations of the Criminal

26 Division during fiscal year 2002, the Attorney General

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1 shall provide for an appropriate accounting of funds and

2 an appropriate transfer of funds appropriated to such en3 tities to the appropriate component of the Agency for Im4 migration Affairs.

5 (b) TRANSITION PERIOD FOR CERTAIN BUREAU

6 FUNCTIONS.—Notwithstanding subsection (a), during the

7 18-month period after the transfer of functions under this

8 Act takes effect, the Associate Attorney General for Immi9 gration Affairs is authorized to perform the functions de10 scribed in subsections (c), (d), and (g) of each of sections

11 4 and 6 for both the Bureau of Immigration Services and

12 Adjudications and the Bureau of Immigration Enforce13 ment.

14 SEC. 18. CONFORMING AMENDMENT.

15 Section 5315 of title 5, United States Code, is

16 amended by striking the following:

17 ‘‘Commissioner of Immigration and Naturaliza18 tion, Department of Justice.’’.

Æ

115

Chairman SENSENBRENNER. Without objection, the Amendment

in the Nature of a Substitute, which is before all Members, will be

considered as the original text for the purpose of amendment, considered as read, and open for amendment at any point.

[The Amendment in the Nature of a Substitute follows:]

116 H.L.C.

AMENDMENT IN THE NATURE OF A SUBSTITUTE

TO H.R. 3231

OFFERED BY MR. SENSENBRENNER, MR.

CONYERS, MR. GEKAS,

AND MS. JACKSON-LEE OF TEXAS

Strike all after the enacting clause and insert the

following:

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

2 (a) SHORT TITLE.—This Act may be cited as the

3 ‘‘Barbara Jordan Immigration Reform and Accountability

4 Act of 2002’’.

5 (b) TABLE OF CONTENTS.—The table of contents of

6 this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Abolishment of Immigration and Naturalization Service; establishment

of Office of Associate Attorney General for Immigration Affairs.

Sec. 3. Positions within Office of Associate Attorney General for Immigration

Affairs.

Sec. 4. Establishment of Bureau of Citizenship and Immigration Services.

Sec. 5. Office of the Ombudsman.

Sec. 6. Establishment of Bureau of Immigration Enforcement.

Sec. 7. Office of Immigration Statistics within Bureau of Justice Statistics.

Sec. 8. Exercise of authorities.

Sec. 9. Savings provisions.

Sec. 10. Transfer and allocation of appropriations and personnel.

Sec. 11. Authorization of appropriations; prohibition on transfer of fees; leasing

or acquisition of property; sense of Congress.

Sec. 12. Reports and implementation plans.

Sec. 13. Application of Internet-based technologies.

Sec. 14. Definitions.

Sec. 15. Effective date; transition.

Sec. 16. Conforming amendment.

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1 SEC. 2. ABOLISHMENT OF IMMIGRATION AND NATURALIZA2 TION SERVICE; ESTABLISHMENT OF OFFICE

3 OF ASSOCIATE ATTORNEY GENERAL FOR IM4 MIGRATION AFFAIRS.

5 (a) ABOLISHMENT OF INS.—The Immigration and

6 Naturalization Service of the Department of Justice is

7 abolished.

8 (b) ESTABLISHMENT OF OFFICE OF ASSOCIATE AT9 TORNEY GENERAL FOR IMMIGRATION AFFAIRS.—

10 (1) IN GENERAL.—There is established in the De11 partment of Justice an office to be known as the ‘‘Office

12 of the Associate Attorney General for Immigration Af13 fairs’’.

14 (2) ASSOCIATE ATTORNEY GENERAL.—The

15 head of the Office shall be the Associate Attorney

16 General for Immigration Affairs. The Associate At17 torney General for Immigration Affairs—

18 (A) shall be appointed by the President, by

19 and with the consent of the Senate; and

20 (B) shall have a minimum of 5 years of ex21 perience in managing a large and complex orga22 nization.

23 (3) COMPENSATION AT LEVEL III OF EXECU24 TIVE SCHEDULE.—Section 5314 of title 5, United

25 States Code, is amended by adding at the end the

26 following:

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1 ‘‘Associate Attorney General for Immigration

2 Affairs.’’.

3 (c) FUNCTIONS.—The Associate Attorney General for

4 Immigration Affairs shall be responsible for—

5 (1) overseeing the work of, and supervising, the

6 Director of the Bureau of Citizenship and Immigra7 tion Services and the Director of the Bureau of Im8 migration Enforcement;

9 (2) coordinating the administration of national

10 immigration policy, including coordinating the oper11 ations of the Bureau of Citizenship and Immigration

12 Services and the Bureau of Immigration Enforce13 ment, and reconciling conflicting policies of such bu14 reaus; and

15 (3) allocating and coordinating resources in16 volved in supporting shared support functions for

17 the Bureau of Citizenship and Immigration Services

18 and the Bureau of Immigration Enforcement,

19 through the Office of Shared Services established by

20 section 3.

21 SEC. 3. POSITIONS WITHIN OFFICE OF ASSOCIATE ATTOR22 NEY GENERAL FOR IMMIGRATION AFFAIRS.

23 (a) POLICY ADVISOR.—

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H.L.C.

1 (1) IN GENERAL.—There shall be a position of

2 Policy Advisor for the Associate Attorney General

3 for Immigration Affairs.

4 (2) FUNCTIONS.—The Policy Advisor shall be

5 responsible for—

6 (A) providing advice to the Associate At7 torney General for Immigration Affairs on all

8 matters relating to immigration and naturaliza9 tion policy; and

10 (B) coordinating and reconciling the reso11 lution of policy issues by the Bureau of Citizen12 ship and Immigration Services and the Bureau

13 of Immigration Enforcement.

14 (b) GENERAL COUNSEL.—

15 (1) IN GENERAL.—There shall be a position of

16 General Counsel to the Associate Attorney General

17 for Immigration Affairs.

18 (2) FUNCTIONS.—The General Counsel shall

19 serve as the principal legal advisor to the Associate

20 Attorney General for Immigration Affairs. The Gen21 eral Counsel shall be responsible for—

22 (A) providing specialized legal advice, opin23 ions, determinations, regulations, and any other

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1 ters affecting the Office of the Associate Attor2 ney General for Immigration Affairs, the Bu3 reau of Citizenship and Immigration Services,

4 or the Bureau of Immigration Enforcement;

5 (B) representing the Bureau of Citizenship

6 and Immigration Services in visa petition ap7 peal proceedings before the Executive Office for

8 Immigration Review and in other legal or ad9 ministrative proceedings involving immigration

10 services issues; and

11 (C) representing the Bureau of Immigra12 tion Enforcement in all exclusion, deportation,

13 or removal proceedings before the Executive Of14 fice for Immigration Review, including in pro15 ceedings to adjudicate relief from exclusion, de16 portation, or removal, and in other legal or ad17 ministrative proceedings involving immigration

18 enforcement issues.

19 (3) LIMITATION.—Paragraph (2) shall not

20 apply the functions transferred under subsection (h)

21 to the extent that the Associate Attorney General for

22 Immigration Affairs does not delegate such func23 tions to the General Counsel.

24 (c) CHIEF FINANCIAL OFFICER.—

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1 (1) IN GENERAL.—There shall be a position of

2 Chief Financial Officer for the Associate Attorney

3 General for Immigration Affairs.

4 (2) FUNCTIONS.—The Chief Financial Officer

5 shall be responsible for—

6 (A) financial management of the Office of

7 the Associate Attorney General for Immigration

8 Affairs, the Bureau of Citizenship and Immi9 gration Services, and the Bureau of Immigra10 tion Enforcement and shall have the authorities

11 and functions described in section 902 of title

12 31, United States Code, in relation to financial

13 activities of such office and bureaus;

14 (B) collecting all payments, fines, and

15 other debts for the Bureau of Citizenship and

16 Immigration Services and the Bureau of Immi17 gration Enforcement; and

18 (C) coordinating all budget and other fi19 nancial management issues with the Bureau of

20 Citizenship and Immigration Services and the

21 Bureau of Immigration Enforcement.

22 (d) DIRECTOR OF SHARED SERVICES.—

23 (1) IN GENERAL.—There shall be a position of

24 Director of the Office of Shared Services for the As25 sociate Attorney General for Immigration Affairs.

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1 (2) FUNCTIONS.—The Director of the Office of

2 Shared Services shall be responsible for the appro3 priate allocation and coordination of resources in4 volved in supporting shared support functions for

5 the Bureau of Citizenship and Immigration Services

6 and the Bureau of Immigration Enforcement,

7 including—

8 (A) facilities management;

9 (B) information resources management, in10 cluding computer databases and information

11 technology;

12 (C) records and file management; and

13 (D) forms management.

14 (e) OFFICE OF THE OMBUDSMAN.—

15 (1) ESTABLISHMENT.—

16 (A) IN GENERAL.—There is established in

17 the Office of the Associate Attorney General for

18 Immigration Affairs an office to be known as

19 the ‘‘Office of the Ombudsman’’.

20 (B) OMBUDSMAN.—

21 (i) IN GENERAL.—The Office of the

22 Ombudsman shall be under the supervision

23 and direction of an official to be known as

24 the ‘‘Ombudsman’’. The Ombudsman shall

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1 report directly to the Associate Attorney

2 General for Immigration Affairs.

3 (ii) QUALIFICATIONS.—The Ombuds4 man shall have a background in customer

5 service as well as immigration law.

6 (2) FUNCTIONS OF OFFICE.—The Ombudsman

7 shall perform the functions described in section 5.

8 (f) OFFICE OF PROFESSIONAL RESPONSIBILITY AND

9 QUALITY REVIEW.—

10 (1) IN GENERAL.—There is established in the

11 Office of the Associate Attorney General for Immi12 gration Affairs an office to be known as the ‘‘Office

13 of Professional Responsibility and Quality Review’’.

14 The head of the Office of Professional Responsibility

15 and Quality Review shall be the Director of the Of16 fice of Professional Responsibility and Quality Re17 view. The Director of the Office of Professional Re18 sponsibility and Quality Review shall be responsible

19 for—

20 (A) conducting investigations of non21 criminal allegations of misconduct, corruption,

22 and fraud involving any employee of the Office

23 of the Associate Attorney General for Immigra24 tion Affairs, the Bureau of Citizenship and Im25 migration Services, or the Bureau of ImmigraVerDate 11-MAY-2000 20:58 Apr 19, 2002 Jkt 099006 PO 00000 Frm 00123 Fmt 6659 Sfmt 6601 E:\HR\OC\HR413.XXX pfrm01 PsN: HR413
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1 tion Enforcement that are not subject to inves2 tigation by the Department of Justice Office of

3 the Inspector General;

4 (B) inspecting the operations of the Office

5 of the Associate Attorney General for Immigra6 tion Affairs, the Bureau of Citizenship and Im7 migration Services, and the Bureau of Immi8 gration Enforcement and providing assessments

9 of the quality of the operations of such office

10 and bureaus as a whole and each of their com11 ponents; and

12 (C) providing an analysis of the manage13 ment of the Office of the Associate Attorney

14 General for Immigration Affairs, the Bureau of

15 Citizenship and Immigration Services, and the

16 Bureau of Immigration Enforcement.

17 (2) SPECIAL CONSIDERATIONS.—In providing

18 assessments in accordance with paragraph (1)(B)

19 with respect to decisions of the Office of the Asso20 ciate Attorney General for Immigration Affairs, the

21 Bureau of Citizenship and Immigration Services,

22 and the Bureau of Immigration Enforcement, or any

23 of their components, consideration shall be given

24 to—

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1 (A) the accuracy of the finding of fact and

2 conclusions of law used in rendering the deci3 sion;

4 (B) any fraud or misrepresentation associ5 ated with the decision; and

6 (C) the efficiency with which the decision

7 was rendered.

8 (g) OFFICE OF CHILDREN’S AFFAIRS.—

9 (1) IN GENERAL.—There is established within

10 the Office of the Associate Attorney General for Im11 migration Affairs an office to be known as the ‘‘Of12 fice of Children’s Affairs’’. The head of the Office of

13 Children’s Affairs shall be the Director of the Office

14 of Children’s Affairs.

15 (2) FUNCTIONS.—

16 (A) IN GENERAL.—The Director of the Of17 fice of Children’s Affairs shall be responsible

18 for—

19 (i) coordinating and implementing law

20 and policy for unaccompanied alien chil21 dren who come into the custody of the De22 partment of Justice;

23 (ii) ensuring that the interests of the

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1 tions relating to the care and custody of an

2 unaccompanied alien child;

3 (iii) making placement determinations

4 for all unaccompanied alien children appre5 hended by the Attorney General or who

6 otherwise come into the custody of the De7 partment of Justice;

8 (iv) implementing the placement de9 terminations made by the Office;

10 (v) implementing policies with respect

11 to the care and placement of unaccom12 panied alien children;

13 (vi) identifying a sufficient number of

14 qualified individuals, entities, and facilities

15 to house unaccompanied alien children;

16 (vii) overseeing the infrastructure and

17 personnel of facilities in which unaccom18 panied alien children reside;

19 (viii) reuniting unaccompanied alien

20 children with a parent abroad in appro21 priate cases;

22 (ix) compiling, updating, and pub23 lishing at least annually a State-by-State

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1 fied to provide the guardian and attorney

2 representation services;

3 (x) maintaining statistical information

4 and other data on unaccompanied alien

5 children in the Office’s custody and care,

6 which shall include—

7 (I) biographical information such

8 as the child’s name, gender, date of

9 birth, country of birth, and country of

10 habitual residence;

11 (II) the date on which the child

12 came into the custody of the Depart13 ment of Justice;

14 (III) information relating to the

15 child’s placement, removal, or release

16 from each facility in which the child

17 has resided;

18 (IV) in any case in which the

19 child is placed in detention or re20 leased, an explanation relating to the

21 detention or release; and

22 (V) the disposition of any actions

23 in which the child is the subject;

24 (xi) collecting and compiling statistical

25 information from the Office of the AssoVerDate 11-MAY-2000 20:58 Apr 19, 2002 Jkt 099006 PO 00000 Frm 00127 Fmt 6659 Sfmt 6601 E:\HR\OC\HR413.XXX pfrm01 PsN: HR413
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1 ciate Attorney General, Bureau of Citizen2 ship and Immigration Services, and Bu3 reau of Enforcement (including Border Pa4 trol and inspections officers), on the unac5 companied alien children with whom they

6 come into contact; and

7 (xii) conducting investigations and in8 spections of facilities and other entities in

9 which unaccompanied alien children reside.

10 (B) COORDINATION WITH OTHER ENTI11 TIES.—In making determinations described in

12 subparagraph (A)(iii), the Director of the Office

13 of Children’s Affairs—

14 (i) shall consult with appropriate juve15 nile justice professionals, the Director of

16 the Bureau of Citizenship and Immigration

17 Services, and the Director of the Bureau of

18 Immigration Enforcement to ensure that

19 such determinations ensure that unaccom20 panied alien children described in such

21 subparagraph—

22 (I) are likely to appear for all

23 hearings or proceedings in which they

24 are involved;

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1 (II) are protected from smug2 glers, traffickers, or others who might

3 seek to victimize or otherwise engage

4 them in criminal, harmful, or

5 exploitive activity; and

6 (III) are placed in a setting in

7 which they not likely to pose a danger

8 to themselves or others; and

9 (ii) shall not release such children

10 upon their own recognizance.

11 (C) TRANSFER OF FUNCTIONS.—There are

12 transferred to the Director of the Office of Chil13 dren’s Affairs functions with respect to the care

14 of unaccompanied alien children under the im15 migration laws of the United States vested by

16 statute in, or performed by, the Commissioner

17 of the Immigration and Naturalization Service

18 (or any officer, employee, or component there19 of), immediately before the effective date speci20 fied in section 15(a).

21 (D) DUTIES WITH RESPECT TO FOSTER

22 CARE.—In carrying out the duties described in

23 subparagraph (A)(vii), the Director of the Of24 fice of Children’s Affairs shall assess the extent

25 to which it is cost-effective to use the refugee

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1 children foster care system for the placement of

2 unaccompanied alien children.

3 (3) RULE OF CONSTRUCTION.—Nothing in this

4 subsection may be construed to transfer the respon5 sibility for adjudicating benefit determinations under

6 the Immigration and Nationality Act (8 U.S.C. 1101

7 et seq.) from the authority of any official of the Of8 fice of the Associate Attorney General for Immigra9 tion Affairs, the Bureau of Citizenship and Immi10 gration Services, the Bureau of Immigration En11 forcement, the Executive Office of Immigration Re12 view, or the Department of State.

13 (4) DEFINITION.—As used in this subsection—

14 (A) the term ‘‘placement’’ means the place15 ment of an unaccompanied alien child in either

16 a detention facility or an alternative to such a

17 facility; and

18 (B) the term ‘‘unaccompanied alien child’’

19 means a child who—

20 (i) has no lawful immigration status

21 in the United States;

22 (ii) has not attained 18 years of age;

23 and

24 (iii) with respect to whom—

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1 (I) there is no parent or legal

2 guardian in the United States; or

3 (II) no parent or legal guardian

4 in the United States is available to

5 provide care and physical custody.

6 (h) TRANSFER OF FUNCTIONS OF OFFICE OF IMMI7 GRATION LITIGATION.—There are transferred from the

8 Assistant Attorney General, Civil Division, to the Asso9 ciate Attorney General for Immigration Affairs all func10 tions performed by the Office of Immigration Litigation,

11 and all personnel, infrastructure, and funding provided to

12 the Assistant Attorney General, Civil Division, in support

13 of those functions, immediately before the effective date

14 specified in section 15(a). The Associate Attorney General

15 for Immigration Affairs may, in the Associate Attorney

16 General’s discretion, charge the General Counsel to the

17 Associate Attorney General for Immigration Affairs with

18 such functions.

19 (i) EMPLOYEE DISCIPLINE FOR WILLFUL DECEIT.—

20 The Associate Attorney General for Immigration Affairs

21 may, notwithstanding any other provision of law, impose

22 disciplinary action, including termination of employment,

23 pursuant to policies and procedures applicable to employ24 ees of the Federal Bureau of Investigation, for any em25 ployee of the Office of the Associate Attorney General for

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1 Immigration Affairs, the Bureau of Citizenship and Immi2 gration Services, or the Bureau of Immigration Enforce3 ment who willfully deceives the Congress or agency leader4 ship on any matter.

5 (j) REFERENCES.—With respect to any function

6 transferred by this section or Act to, and exercised on or

7 after the effective date specified in section 15(a) by, the

8 Associate Attorney General for Immigration Affairs or any

9 other official whose functions are described in this section,

10 any reference in any other Federal law, Executive order,

11 rule, regulation, or delegation of authority, or any docu12 ment of or pertaining to a component of government from

13 which such function is transferred—

14 (1) to the head of such component is deemed to

15 refer to the Associate Attorney General for Immigra16 tion Affairs; or

17 (2) to such component is deemed to refer to the

18 Office of the Associate Attorney for Immigration Af19 fairs.

20 SEC. 4. ESTABLISHMENT OF BUREAU OF CITIZENSHIP AND

21 IMMIGRATION SERVICES.

22 (a) ESTABLISHMENT OF BUREAU.—

23 (1) IN GENERAL.—There is established in the

24 Department of Justice a bureau to be known as the

25 ‘‘Bureau of Citizenship and Immigration Services’’.

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1 (2) DIRECTOR.—The head of the Bureau of

2 Citizenship and Immigration Services shall be the

3 Director of the Bureau of Citizenship and Immigra4 tion Services, who—

5 (A) shall report directly to the Associate

6 Attorney General for Immigration Affairs; and

7 (B) shall have a minimum of 10 years pro8 fessional experience in the rendering of adju9 dications on the provision of government bene10 fits or services, at least 5 of which shall have

11 been years of service in a managerial capacity

12 or in a position affording comparable manage13 ment experience.

14 (3) FUNCTIONS.—The Director of the Bureau

15 of Citizenship and Immigration Services—

16 (A) shall establish the policies for per17 forming such functions as are transferred to the

18 Director by this section or this Act or otherwise

19 vested in the Director by law;

20 (B) shall oversee the administration of

21 such policies;

22 (C) shall advise the Associate Attorney

23 General for Immigration Affairs with respect to

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1 fect the Bureau of Immigration Enforcement,

2 including potentially conflicting policies or oper3 ations;

4 (D) shall meet regularly with the Ombuds5 man to correct serious service problems identi6 fied by the Ombudsman; and

7 (E) shall establish procedures requiring a

8 formal response to any recommendations sub9 mitted in the Ombudsman’s annual report to

10 the Congress within 3 months after its submis11 sion to the Congress.

12 (4) STUDENT VISA PROGRAMS.—The Director

13 of the Bureau of Citizenship and Immigration Serv14 ices shall designate an official to be responsible for

15 administering student visa programs and the Stu16 dent and Exchange Visitor Information System es17 tablished under section 641 of the Illegal Immigra18 tion Reform and Immigrant Responsibility Act of

19 1996 (8 U.S.C. 1372), and successor programs and

20 systems, until September 30, 2004. The Director

21 may continue such policy after September 30, 2004,

22 at the Director’s discretion. The Director shall pro23 vide any information collected by the Student and

24 Exchange Visitor Information System to the Direc25 tor of the Bureau of Immigration Enforcement that

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1 is necessary for the performance of the functions of

2 the Bureau of Immigration Enforcement.

3 (b) TRANSFER OF FUNCTIONS FROM COMMIS4 SIONER.—There are transferred from the Commissioner

5 of the Immigration and Naturalization Service to the Di6 rector of the Bureau of Citizenship and Immigration Serv7 ices the following functions, and all personnel, infrastruc8 ture, and funding provided to the Commissioner in sup9 port of such functions immediately before the effective

10 date specified in section 15(a):

11 (1) Adjudications of nonimmigrant and immi12 grant visa petitions.

13 (2) Adjudications of naturalization petitions.

14 (3) Adjudications of asylum and refugee appli15 cations.

16 (4) Adjudications performed at service centers.

17 (5) All other adjudications under the Immigra18 tion and Nationality Act (8 U.S.C. 1101 et seq.)

19 performed by the Immigration and Naturalization

20 Service immediately before the effective date speci21 fied in section 15(a).

22 (c) OFFICE OF POLICY AND STRATEGY.—There is es23 tablished in the Bureau of Citizenship and Immigration

24 Services an office to be known as the ‘‘Office of Policy

25 and Strategy’’. The head of the Office of Policy and StratVerDate 11-MAY-2000 20:58 Apr 19, 2002 Jkt 099006 PO 00000 Frm 00135 Fmt 6659 Sfmt 6601 E:\HR\OC\HR413.XXX pfrm01 PsN: HR413
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1 egy shall be the Chief of the Office of Policy and Strategy.

2 In consultation with Bureau of Citizenship and Immigra3 tion Services personnel in field offices, the Chief of the

4 Office of Policy and Strategy shall be responsible for—

5 (1) establishing national immigration services

6 policies and priorities;

7 (2) performing policy research and analysis on

8 immigration services issues; and

9 (3) coordinating immigration policy issues with

10 the Office of Policy and Strategy for the Bureau of

11 Immigration Enforcement and the Associate Attor12 ney General for Immigration Affairs through the

13 Policy Advisor for the Associate Attorney General

14 for Immigration Affairs, as appropriate.

15 (d) LEGAL ADVISOR.—There may be a position of

16 Legal Advisor for the Bureau of Citizenship and Immigra17 tion Services.

18 (e) CHIEF BUDGET OFFICER FOR BUREAU OF CITI19 ZENSHIP AND IMMIGRATION SERVICES.—There shall be a

20 position of Chief Budget Officer for the Bureau of Citizen21 ship and Immigration Services. The Chief Budget Officer

22 shall be responsible for formulating and executing the

23 budget of the Bureau of Citizenship and Immigration

24 Services. The Chief Budget Officer shall report to the Di25 rector of the Bureau of Citizenship and Immigration ServVerDate 11-MAY-2000 20:58 Apr 19, 2002 Jkt 099006 PO 00000 Frm 00136 Fmt 6659 Sfmt 6601 E:\HR\OC\HR413.XXX pfrm01 PsN: HR413
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H.L.C.

1 ices and shall provide information to, and coordinate reso2 lution of relevant issues with, the Chief Financial Officer

3 for the Associate Attorney General for Immigration Af4 fairs.

5 (f) OFFICE OF CONGRESSIONAL, INTERGOVERN6 MENTAL, AND PUBLIC AFFAIRS.—There is established in

7 the Bureau of Citizenship and Immigration Services an

8 office to be known as the ‘‘Office of Congressional, Inter9 governmental, and Public Affairs’’. The head of such of10 fice shall be the Chief of the Office of Congressional,

11 Intergovernmental, and Public Affairs. The Chief shall be

12 responsible for—

13 (1) providing information relating to immigra14 tion services to the Congress, including information

15 on specific cases relating to immigration services;

16 (2) serving as a liaison with other Federal

17 agencies on immigration services issues; and

18 (3) responding to inquiries from the media and

19 general public on immigration services issues.

20 (g) OFFICE OF CITIZENSHIP.—There is established

21 in the Bureau of Citizenship and Immigration Services an

22 office to be known as the ‘‘Office of Citizenship’’. The

23 head of such office shall be the Chief of the Office of Citi24 zenship. The Chief shall be responsible for promoting in25 struction and training on citizenship responsibilities for

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H.L.C.

1 aliens interested in becoming naturalized citizens of the

2 United States, including the development of educational

3 materials.

4 (h) SECTORS.—Headed by sector directors, and lo5 cated in appropriate geographic locations, sectors of the

6 Bureau of Citizenship and Immigration Services shall be

7 responsible for directing all aspects of the Bureau of Citi8 zenship and Immigration Services’ operations within their

9 assigned geographic areas of activity. Sector directors

10 shall provide general guidance and supervision to the field

11 offices of the Bureau of Citizenship and Immigration

12 Services within their sectors.

13 (i) FIELD OFFICES.—Headed by field directors, who

14 may be assisted by deputy field directors, field offices of

15 the Bureau of Citizenship and Immigration Services shall

16 be responsible for assisting the Director of the Bureau of

17 Citizenship and Immigration Services in carrying out the

18 Director’s functions. Field directors shall be subject to the

19 general supervision and direction of their respective sector

20 director, except that field directors outside of the United

21 States shall be subject to the general supervision and di22 rection of the Director of the Bureau of Citizenship and

23 Immigration Services. All field directors shall remain ac24 countable to, and receive their authority from, the Direc25 tor of the Bureau of Citizenship and Immigration ServVerDate 11-MAY-2000 20:58 Apr 19, 2002 Jkt 099006 PO 00000 Frm 00138 Fmt 6659 Sfmt 6601 E:\HR\OC\HR413.XXX pfrm01 PsN: HR413
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H.L.C.

1 ices, in order to ensure consistent application and imple2 mentation of policies nationwide.

3 (j) SERVICE CENTERS.—Headed by service center di4 rectors, service centers of the Bureau of Citizenship and

5 Immigration Services shall be responsible for assisting the

6 Director of the Bureau of Citizenship and Immigration

7 Services in carrying out the Director’s functions that can

8 be effectively carried out at remote locations. Service cen9 ter directors are subject to the general supervision and

10 direction of their respective sector director, except that all

11 service center directors shall remain accountable to, and

12 receive their authority from, the Director of the Bureau

13 of Citizenship and Immigration Services, in order to en14 sure consistent application and implementation of policies

15 nationwide.

16 (k) TRANSFER AND REMOVAL.—Notwithstanding

17 any other provision of law, the Director of the Bureau of

18 Citizenship and Immigration Services may, in the Direc19 tor’s discretion, transfer or remove any sector director,

20 field director, or service center director.

21 (l) REFERENCES.—With respect to any function

22 transferred by this section or Act to, and exercised on or

23 after the effective date specified in section 15(a) by, the

24 Director of the Bureau of Citizenship and Immigration

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1 tive order, rule, regulation, or delegation of authority, or

2 any document of or pertaining to a component of govern3 ment from which such function is transferred—

4 (1) to the head of such component is deemed to

5 refer to the Director of the Bureau of Citizenship

6 and Immigration Services; or

7 (2) to such component is deemed to refer to the

8 Bureau of Citizenship and Immigration Services.

9 SEC. 5. OFFICE OF THE OMBUDSMAN.

10 (a) FUNCTIONS.—It shall be the function of the Of11 fice of the Ombudsman established under section 3—

12 (1) to assist individuals and employers in re13 solving problems with the Bureau of Citizenship and

14 Immigration Services;

15 (2) to identify areas in which individuals and

16 employers have problems in dealing with the Bureau

17 of Citizenship and Immigration Services;

18 (3) to the extent possible, to propose changes in

19 the administrative practices of the Bureau of Citi20 zenship and Immigration Services to mitigate prob21 lems identified under paragraph (2); and

22 (4) to identify potential legislative changes

23 which may be appropriate to mitigate such problems.

24 (b) ANNUAL REPORTS.—

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H.L.C.

1 (1) OBJECTIVES.—Not later than June 30 of

2 each calendar year, the Ombudsman shall report to

3 the Committee on the Judiciary of the House of

4 Representatives and the Senate on the objectives of

5 the Office of the Ombudsman for the fiscal year be6 ginning in such calendar year. Any such report shall

7 contain full and substantive analysis, in addition to

8 statistical information, and—

9 (A) shall identify the initiatives the Office

10 of the Ombudsman has taken on improving

11 services and responsiveness of the Bureau of

12 Citizenship and Immigration Services;

13 (B) shall contain a summary of the most

14 pervasive and serious problems encountered by

15 individuals and employers, including a descrip16 tion of the nature of such problems;

17 (C) shall contain an inventory of the items

18 described in subparagraphs (A) and (B) for

19 which action has been taken and the result of

20 such action;

21 (D) shall contain an inventory of the items

22 described in subparagraphs (A) and (B) for

23 which action remains to be completed and the

24 period during which each item has remained on

25 such inventory;

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H.L.C.

1 (E) shall contain an inventory of the items

2 described in subparagraphs (A) and (B) for

3 which no action has been taken, the period dur4 ing which each item has remained on such in5 ventory, the reasons for the inaction, and iden6 tify any Bureau of Citizenship and Immigration

7 Services official who is responsible for such in8 action;

9 (F) shall contain recommendations for

10 such administrative and legislative action as

11 may be appropriate to resolve problems encoun12 tered by individuals and employers, including

13 problems created by excessive backlogs in the

14 adjudication and processing of immigration ben15 efit petitions and applications; and

16 (G) shall include such other information as

17 the Ombudsman may deem advisable.

18 (2) REPORT TO BE SUBMITTED DIRECTLY.—

19 Each report required under this subsection shall be

20 provided directly to the committees described in

21 paragraph (1) without any prior review or comment

22 from the Attorney General, Associate Attorney Gen23 eral for Immigration Affairs, any other officer or

24 employee of the Department of Justice or the Office

25 of Management and Budget.

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H.L.C.

1 (c) OTHER RESPONSIBILITIES.—The Ombudsman—

2 (1) shall monitor the coverage and geographic

3 allocation of local offices of the Ombudsman;

4 (2) shall develop guidance to be distributed to

5 all Bureau of Citizenship and Immigration Services

6 officers and employees outlining the criteria for re7 ferral of inquiries to local offices of the Ombudsman;

8 (3) shall ensure that the local telephone number

9 for each local office of the Ombudsman is published

10 and available to individuals and employers served by

11 the office; and

12 (4) shall meet regularly with the Director of the

13 Bureau of Citizenship and Immigration Services to

14 identify serious service problems and to present rec15 ommendations for administrative action as may be

16 appropriate to resolve problems encountered by indi17 viduals and employers.

18 (d) PERSONNEL ACTIONS.—

19 (1) IN GENERAL.—The Ombudsman shall have

20 the responsibility and authority—

21 (A) to appoint local ombudsmen and make

22 available at least 1 such ombudsman for each

23 State; and

24 (B) to evaluate and take personnel actions

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1 ployee of any local office of the Ombudsman de2 scribed in subparagraph (A).

3 (2) CONSULTATION.—The Ombudsman may

4 consult with the appropriate supervisory personnel of

5 the Bureau of Citizenship and Immigration Services

6 in carrying out the Ombudsman’s responsibilities

7 under this subsection.

8 (e) RESPONSIBILITIES OF BUREAU OF CITIZENSHIP

9 AND IMMIGRATION SERVICES.—The Director of the Bu10 reau of Citizenship and Immigration Services shall estab11 lish procedures requiring a formal response to all rec12 ommendations submitted to such director by the Ombuds13 man within 3 months after submission to such director.

14 (f) OPERATION OF LOCAL OFFICES.—

15 (1) IN GENERAL.—Each local ombudsman —

16 (A) shall report to the Ombudsman or del17 egate thereof;

18 (B) may consult with the appropriate su19 pervisory personnel of the Bureau of Citizen20 ship and Immigration Services regarding the

21 daily operation of the local office of such om22 budsman;

23 (C) shall, at the initial meeting with any

24 individual or employer seeking the assistance of

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1 ployer that the local offices of the Ombudsman

2 operate independently of any other component

3 in the Office of the Associate Attorney General

4 for Immigration Affairs and report directly to

5 the Congress through the Ombudsman; and

6 (D) at the local ombudsman’s discretion,

7 may determine not to disclose to the Bureau of

8 Citizenship and Immigration Services contact

9 with, or information provided by, such indi10 vidual or employer.

11 (2) MAINTENANCE OF INDEPENDENT COMMU12 NICATIONS.—Each local office of the Ombudsman

13 shall maintain a phone, facsimile, and other means

14 of electronic communication access, and a post office

15 address, that is separate from those maintained by

16 the Bureau of Citizenship and Immigration Services,

17 or any component of the Bureau of Citizenship and

18 Immigration Services.

19 SEC. 6. ESTABLISHMENT OF BUREAU OF IMMIGRATION EN20 FORCEMENT.

21 (a) ESTABLISHMENT OF BUREAU.—

22 (1) IN GENERAL.—There is established in the

23 Department of Justice a bureau to be known as the

24 ‘‘Bureau of Immigration Enforcement’’.

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1 (2) DIRECTOR.—The head of the Bureau of Im2 migration Enforcement shall be the Director of the

3 Bureau of Immigration Enforcement, who—

4 (A) shall report directly to the Associate

5 Attorney General for Immigration Affairs; and

6 (B) shall have a minimum of 10 years pro7 fessional experience in law enforcement, at least

8 5 of which shall have been years of service in

9 a managerial capacity.

10 (3) FUNCTIONS.—The Director of the Bureau

11 of Immigration Enforcement—

12 (A) shall establish the policies for per13 forming such functions as are transferred to the

14 Director by this section or this Act or otherwise

15 vested in the Director by law;

16 (B) shall oversee the administration of

17 such policies; and

18 (C) shall advise the Associate Attorney

19 General for Immigration Affairs with respect to

20 any policy or operation of the Bureau of Immi21 gration Enforcement that may affect the Bu22 reau of Citizenship and Immigration Services,

23 including potentially conflicting policies or oper24 ations.

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1 (b) TRANSFER OF FUNCTIONS.—There are trans2 ferred from the Commissioner of the Immigration and

3 Naturalization Service to the Director of the Bureau of

4 Immigration Enforcement all functions performed under

5 the following programs, and all personnel, infrastructure,

6 and funding provided to the Commissioner in support of

7 such programs immediately before the effective date speci8 fied in section 15(a):

9 (1) The Border Patrol program.

10 (2) The detention and removal program.

11 (3) The intelligence program.

12 (4) The investigations program.

13 (5) The inspections program.

14 (c) OFFICE OF POLICY AND STRATEGY.—There is es15 tablished in the Bureau of Immigration Enforcement an

16 office to be known as the ‘‘Office of Policy and Strategy’’.

17 The head of the Office of Policy and Strategy shall be

18 the Chief of the Office of Policy and Strategy. In consulta19 tion with Bureau of Immigration Enforcement personnel

20 in field offices, the Chief of the Office of Policy and Strat21 egy shall be responsible for—

22 (1) establishing national immigration enforce23 ment policies and priorities;

24 (2) performing policy research and analysis on

25 immigration enforcement issues; and

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1 (3) coordinating immigration policy issues with

2 the Office of Policy and Strategy for the Bureau of

3 Citizenship and Immigration Services and the Asso4 ciate Attorney General for Immigration Affairs

5 through the Policy Advisor for the Associate Attor6 ney General for Immigration Affairs, as appropriate.

7 (d) LEGAL ADVISOR.—There may be a position of

8 Legal Advisor for the Bureau of Immigration Enforce9 ment.

10 (e) CHIEF BUDGET OFFICER FOR THE BUREAU OF

11 IMMIGRATION ENFORCEMENT.—There shall be a position

12 of Chief Budget Officer for the Bureau of Immigration

13 Enforcement. The Chief Budget Officer shall be respon14 sible for formulating and executing the budget of the Bu15 reau of Immigration Enforcement. The Chief Budget Offi16 cer shall report to the Director of the Bureau of Immigra17 tion Enforcement and shall provide information to, and

18 coordinate resolution of relevant issues with, the Chief Fi19 nancial Officer for the Associate Attorney General for Im20 migration Affairs.

21 (f) OFFICE OF CONGRESSIONAL, INTERGOVERN22 MENTAL, AND PUBLIC AFFAIRS.—There is established in

23 the Bureau of Immigration Enforcement an office to be

24 known as the ‘‘Office of Congressional, Intergovernmental,

25 and Public Affairs’’. The head of such office shall be the

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1 Chief of the Office of Congressional, Intergovernmental,

2 and Public Affairs. The Chief shall be responsible for—

3 (1) providing information relating to immigra4 tion enforcement to the Congress, including informa5 tion on specific cases relating to immigration en6 forcement;

7 (2) serving as a liaison with other Federal

8 agencies on immigration enforcement issues; and

9 (3) responding to inquiries from the media and

10 the general public on immigration enforcement

11 issues.

12 (g) SECTORS.—Headed by sector directors, and lo13 cated in appropriate geographic locations, sectors of the

14 Bureau of Immigration Enforcement shall be responsible

15 for directing all aspects of the Bureau of Immigration En16 forcement’s operations within their assigned geographic

17 areas of activity. Sector directors shall provide general

18 guidance and supervision to the field offices of the Bureau

19 of Immigration Enforcement within their sectors.

20 (h) FIELD OFFICES.—Headed by field directors, who

21 may be assisted by deputy field directors, field offices of

22 the Bureau of Immigration Enforcement shall be respon23 sible for assisting the Director of the Bureau of Immigra24 tion Enforcement in carrying out the Director’s functions.

25 Field directors shall be subject to the general supervision

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1 and direction of their respective sector director, except

2 that field directors outside of the United States shall be

3 subject to the general supervision and direction of the Di4 rector of the Bureau of Immigration Enforcement. All

5 field directors shall remain accountable to, and receive

6 their authority from, the Director of the Bureau of Immi7 gration Enforcement, in order to ensure consistent appli8 cation and implementation of policies nationwide. There

9 shall be a field office of the Bureau of Immigration En10 forcement situated in at least every location where there

11 is situated a field office of the Bureau of Citizenship and

12 Immigration Services.

13 (i) BORDER PATROL SECTORS.—Headed by chief pa14 trol agents, who may be assisted by deputy chief patrol

15 agents, border patrol sectors of the Bureau of Immigra16 tion Enforcement shall be responsible for the enforcement

17 of the Immigration and Nationality Act (8 U.S.C. 1101

18 et seq.) and all other laws relating to immigration and

19 naturalization within their assigned geographic areas of

20 activity, unless any such power and authority is required

21 to be exercised by higher authority or has been exclusively

22 delegated to another immigration official or class of immi23 gration officer. Chief patrol agents are subject to the gen24 eral supervision and direction of their respective sector di25 rector, except that they shall remain accountable to, and

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1 receive their authority from, the Director of the Bureau

2 of Immigration Enforcement, in order to ensure consistent

3 application and implementation of policies nationwide.

4 (j) TRANSFER AND REMOVAL.—Notwithstanding any

5 other provision of law, the Director of the Bureau of Im6 migration Enforcement may, in the Director’s discretion,

7 transfer or remove any sector director, field director, or

8 chief patrol officer.

9 (k) REFERENCES.—With respect to any function

10 transferred by this section or Act to, and exercised on or

11 after the effective date specified in section 15(a) by, the

12 Director of the Bureau of Immigration Enforcement, any

13 reference in any other Federal law, Executive order, rule,

14 regulation, or delegation of authority, or any document of

15 or pertaining to a component of government from which

16 such function is transferred—

17 (1) to the head of such component is deemed to

18 refer to the Director of the Bureau of Immigration

19 Enforcement; or

20 (2) to such component is deemed to refer to the

21 Bureau of Immigration Enforcement.

22 SEC. 7. OFFICE OF IMMIGRATION STATISTICS WITHIN BU23 REAU OF JUSTICE STATISTICS.

24 (a) IN GENERAL.—Part C of title I of the Omnibus

25 Crime Control and Safe Streets Act of 1968 (42 U.S.C.

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1 3731 et seq.) is amended by adding at the end the fol2 lowing:

3 ‘‘OFFICE OF IMMIGRATION STATISTICS

4 ‘‘SEC. 305. (a) There is established within the Bu5 reau of Justice Statistics of the Department of Justice

6 an Office of Immigration Statistics (in this section re7 ferred to as the ‘Office’), which shall be headed by a Direc8 tor who shall be appointed by the Attorney General and

9 who shall report to the Director of Justice Statistics.

10 ‘‘(b) The Director of the Office shall be responsible

11 for the following:

12 ‘‘(1) Maintenance of all immigration statistical

13 information of the Office of the Associate Attorney

14 General for Immigration Affairs, the Bureau of Citi15 zenship and Immigration Services, the Bureau of

16 Immigration Enforcement, and the Executive Office

17 for Immigration Review. Such statistical information

18 shall include information and statistics of the type

19 contained in the publication entitled ‘Statistical

20 Yearbook of the Immigration and Naturalization

21 Service’ prepared by the Immigration and Natu22 ralization Service (as in effect on the day prior to

23 the effective date specified in section 15(a) of the

24 Barbara Jordan Immigration Reform and Account25 ability Act of 2002).

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1 ‘‘(2) Establishment of standards of reliability

2 and validity for immigration statistics collected by

3 the Office of the Associate Attorney General for Im4 migration Affairs, the Bureau of Citizenship and

5 Immigration Services, the Bureau of Immigration

6 Enforcement, and the Executive Office for Immigra7 tion Review.

8 ‘‘(c) The Office of the Associate Attorney General for

9 Immigration Affairs, the Bureau of Citizenship and Immi10 gration Services, the Bureau of Immigration Enforcement,

11 and the Executive Office for Immigration Review shall

12 provide statistical information to the Office of Immigra13 tion Statistics from the operational data systems con14 trolled by the Office of the Associate Attorney General for

15 Immigration Affairs, the Bureau of Citizenship and Immi16 gration Services, the Bureau of Immigration Enforcement,

17 and the Executive Office for Immigration Review, respec18 tively, for the purpose of meeting the responsibilities of

19 the Director.’’.

20 (b) TRANSFER OF FUNCTIONS.—There are trans21 ferred to the Office of Immigration Statistics established

22 under section 305 of the Omnibus Crime Control and Safe

23 Streets Act of 1968, as added by subsection (a), the func24 tions performed by the Statistics Branch of the Office of

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1 tion Service on the day before the effective date specified

2 in section 15(a).

3 (c) CONFORMING AMENDMENTS.—Section 302(c) of

4 the Omnibus Crime Control and Safe Streets Act of 1968

5 (42 U.S.C. 3732(c)) is amended—

6 (1) by striking ‘‘and’’ at the end of paragraph

7 (22);

8 (2) by striking the period at the end of para9 graph (23) and inserting ‘‘; and’’; and

10 (3) by adding at the end the following:

11 ‘‘(24) collect, maintain, compile, analyze, pub12 lish, and disseminate information and statistics

13 about immigration in the United States, including

14 information and statistics involving the functions of

15 the Office of the Associate Attorney General for Im16 migration Affairs, the Bureau of Citizenship and

17 Immigration Services, the Bureau of Immigration

18 Enforcement, and the Executive Office for Immigra19 tion Review.’’.

20 SEC. 8. EXERCISE OF AUTHORITIES.

21 (a) IN GENERAL.—Except as otherwise provided by

22 law, a Federal official to whom a function is transferred

23 by this Act may, for purposes of performing the function,

24 exercise all authorities under any other provision of law

25 that were available with respect to the performance of that

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1 function to the official responsible for the performance of

2 the function immediately before the effective date specified

3 in section 15(a).

4 (b) PRESERVATION OF ATTORNEY GENERAL’S AU5 THORITY.—

6 (1) IN GENERAL.—Any function for which this

7 Act vests responsibility in an official other than the

8 Attorney General, or which is transferred by this Act

9 to such an official, may, notwithstanding any provi10 sion of this Act, be performed by the Attorney Gen11 eral, or the Attorney General’s delegate, in lieu of

12 such official.

13 (2) REFERENCES.—In a case in which the At14 torney General performs a function described in

15 paragraph (1), any reference in any other Federal

16 law, Executive order, rule, regulation, document, or

17 delegation of authority to the official otherwise re18 sponsible for the function is deemed to refer to the

19 Attorney General.

20 (c) STATUTORY CONSTRUCTION.—Nothing in this

21 Act may be construed to preclude or limit in any way the

22 powers, authorities, or duties of the Secretary of State and

23 special agents of the Department of State and the Foreign

24 Service under the State Department Basic Authorities Act

25 of 1956 (22 U.S.C 2651 note), the Immigration and NaVerDate 11-MAY-2000 20:58 Apr 19, 2002 Jkt 099006 PO 00000 Frm 00155 Fmt 6659 Sfmt 6601 E:\HR\OC\HR413.XXX pfrm01 PsN: HR413
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1 tionality Act (8 U.S.C. 1101 et seq.), or any other Act,

2 to investigate illegal passport or visa issuance or use.

3 SEC. 9. SAVINGS PROVISIONS.

4 (a) LEGAL DOCUMENTS.—All orders, determinations,

5 rules, regulations, permits, grants, loans, contracts, agree6 ments, recognition of labor organizations, certificates, li7 censes, and privileges—

8 (1) that have been issued, made, granted, or al9 lowed to become effective by the President, the At10 torney General, the Commissioner of the Immigra11 tion and Naturalization Service, their delegates, or

12 any other Government official, or by a court of com13 petent jurisdiction, in the performance of any func14 tion that is transferred by this Act; and

15 (2) that are in effect on the effective date of

16 such transfer (or become effective after such date

17 pursuant to their terms as in effect on such effective

18 date),

19 shall continue in effect according to their terms until

20 modified, terminated, superseded, set aside, or revoked in

21 accordance with law by the President, any other author22 ized official, a court of competent jurisdiction, or operation

23 of law.

24 (b) PROCEEDINGS.—Sections 4 and 6 and this sec25 tion shall not affect any proceedings or any application

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1 for any benefit, service, license, permit, certificate, or fi2 nancial assistance pending on the effective date specified

3 in section 15(a) before an office whose functions are trans4 ferred by this Act, but such proceedings and applications

5 shall be continued. Orders shall be issued in such pro6 ceedings, appeals shall be taken therefrom, and payments

7 shall be made pursuant to such orders, as if this Act had

8 not been enacted, and orders issued in any such pro9 ceeding shall continue in effect until modified, terminated,

10 superseded, or revoked by a duly authorized official, by

11 a court of competent jurisdiction, or by operation of law.

12 Nothing in this section shall be considered to prohibit the

13 discontinuance or modification of any such proceeding

14 under the same terms and conditions and to the same ex15 tent that such proceeding could have been discontinued

16 or modified if this section had not been enacted.

17 (c) SUITS.—This Act shall not affect suits com18 menced before the effective date specified in section 15(a),

19 and in all such suits, proceedings shall be had, appeals

20 taken, and judgments rendered in the same manner and

21 with the same effect as if this Act had not been enacted.

22 (d) NONABATEMENT OF ACTIONS.—No suit, action,

23 or other proceeding commenced by or against the Depart24 ment of Justice or the Immigration and Naturalization

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1 pacity of such individual as an officer or employee in con2 nection with a function transferred by this section, shall

3 abate by reason of the enactment of this Act.

4 (e) CONTINUANCE OF SUITS.—If any Government of5 ficer in the official capacity of such officer is party to a

6 suit with respect to a function of the officer and under

7 this Act such function is transferred to any other officer

8 or office, then such suit shall be continued with the other

9 officer or the head of such other office, as applicable, sub10 stituted or added as a party.

11 (f) ADMINISTRATIVE PROCEDURE AND JUDICIAL RE12 VIEW.—Except as otherwise provided by this Act, any

13 statutory requirements relating to notice, hearings, action

14 upon the record, or administrative or judicial review that

15 apply to any function transferred by this Act shall apply

16 to the exercise of such function by the head of the office,

17 and other officers of the office, to which such function is

18 transferred by such section.

19 SEC. 10. TRANSFER AND ALLOCATION OF APPROPRIATIONS

20 AND PERSONNEL.

21 (a) IN GENERAL.—The personnel of the Department

22 of Justice employed in connection with the functions

23 transferred by this Act (and functions that the Attorney

24 General determines are properly related to the functions

25 of the Bureau of Citizenship and Immigration Services or

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1 the Bureau of Immigration Enforcement and would, if

2 transferred, further the purposes of the bureau to which

3 the function is transferred), and the assets, liabilities, con4 tracts, property, records, and unexpended balance of ap5 propriations, authorizations, allocations, and other funds

6 employed, held, used, arising from, available to, or to be

7 made available to, the Immigration and Naturalization

8 Service or the Office of Immigration Litigation of the Civil

9 Division in connection with the functions transferred by

10 this Act, subject to section 202 of the Budget and Ac11 counting Procedures Act of 1950, shall be transferred to

12 the Associate Attorney General for Immigration Affairs

13 for allocation to the appropriate component or bureau.

14 Unexpended funds transferred pursuant to this subsection

15 shall be used only for the purposes for which the funds

16 were originally authorized and appropriated. The Attorney

17 General shall have the right to adjust or realign transfers

18 of funds and personnel effected pursuant to this Act for

19 a period of 2 years after the effective date specified in

20 section 15(a).

21 (b) DELEGATION AND ASSIGNMENT.—Except as oth22 erwise expressly prohibited by law or otherwise provided

23 in this Act, of the Associate Attorney General for Immi24 gration Affairs, the Director of the Bureau of Citizenship

25 and Immigration Services, and the Director of the Bureau

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1 of Immigration Enforcement, the person to whom func2 tions are transferred under this Act may delegate any of

3 the functions so transferred to such officers and employees

4 of the Office of the Associate Attorney General for Immi5 gration Affairs, the Bureau of Citizenship and Immigra6 tion Services, or the Bureau of Immigration Enforcement,

7 respectively, as the person may designate, and may au8 thorize successive redelegations of such functions as may

9 be necessary or appropriate. No delegation of functions

10 under this subsection or under any other provision of this

11 Act shall relieve the official to whom a function is trans12 ferred under this Act of responsibility for the administra13 tion of the function.

14 (c) AUTHORITIES OF ATTORNEY GENERAL.—The At15 torney General (or a delegate of the Attorney General),

16 at such time or times as the Attorney General (or the dele17 gate) shall provide, may make such determinations as may

18 be necessary with regard to the functions transferred by

19 this Act, and may make such additional incidental disposi20 tions of personnel, assets, liabilities, grants, contracts,

21 property, records, and unexpended balances of appropria22 tions, authorizations, allocations, and other funds held,

23 used, arising from, available to, or to be made available

24 in connection with such functions, as may be necessary

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1 eral shall provide for such further measures and disposi2 tions as may be necessary to effectuate the purposes of

3 this Act.

4 (d) DATABASES.—The Associate Attorney General

5 for Immigration Affairs shall ensure that the databases

6 of the Office of the Associate Attorney General for Immi7 gration Affairs and those of the Bureau of Citizenship and

8 Immigration Services and the Bureau of Immigration En9 forcement are integrated with the databases of the Execu10 tive Office for Immigration Review in such a way as to

11 permit—

12 (1) the electronic docketing of each case by date

13 of service upon an alien of the notice to appear in

14 the case of a removal proceeding (or an order to

15 show cause in the case of a deportation proceeding,

16 or a notice to alien in the case of an exclusion pro17 ceeding); and

18 (2) the tracking of the status of any alien

19 throughout the alien’s contact with United States

20 immigration authorities without regard to whether

21 the entity with jurisdiction over the alien is the Bu22 reau of Citizenship and Immigration Services, the

23 Bureau of Immigration Enforcement, or the Execu24 tive Office for Immigration Review.

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1 SEC. 11. AUTHORIZATION OF APPROPRIATIONS; PROHIBI2 TION ON TRANSFER OF FEES; LEASING OR

3 ACQUISITION OF PROPERTY; SENSE OF CON4 GRESS.

5 (a) AUTHORIZATION OF APPROPRIATIONS FOR TRAN6 SITION.—

7 (1) IN GENERAL.—There are authorized to be

8 appropriated such sums as may be necessary to ef9 fect the abolition of the Immigration and Natu10 ralization Service, the establishment of the Office of

11 the Associate Attorney General for Immigration Af12 fairs, the Bureau of Citizenship and Immigration

13 Services, and the Bureau of Immigration Enforce14 ment and their components, and the transfers of

15 functions required to be made under this Act, and

16 to carry out any other duty related to the reorga17 nization of the immigration and naturalization func18 tions that is made necessary by this Act.

19 (2) AVAILABILITY OF FUNDS.—Amounts appro20 priated under paragraph (1) shall remain available

21 until expended.

22 (3) TRANSITION ACCOUNT.—

23 (A) ESTABLISHMENT.—There is estab24 lished in the general fund of the Treasury of

25 the United States a separate account, which

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1 nization Transition Account’’ (in this paragraph

2 referred to as the ‘‘Account’’).

3 (B) USE OF ACCOUNT.—There shall be de4 posited into the Account all amounts appro5 priated under paragraph (1).

6 (C) ADVANCED AVAILABILITY OF

7 FUNDS.—To the extent provided in appropria8 tions Acts, funds in the Account shall be avail9 able for expenditure before the effective date

10 specified in section 15(a).

11 (b) SEPARATION OF FUNDING.—

12 (1) IN GENERAL.—There shall be established

13 separate accounts in the Treasury of the United

14 States for appropriated funds and other deposits

15 available for the Bureau of Citizenship and Immi16 gration Services and the Bureau of Immigration En17 forcement.

18 (2) SEPARATE BUDGETS.—To ensure that the

19 Bureau of Citizenship and Immigration Services and

20 the Bureau of Immigration Enforcement are funded

21 to the extent necessary to fully carry out their re22 spective functions, the Director of the Office of Man23 agement and Budget shall separate the budget re24 quests for each such entity.

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1 (3) FEES.—Fees imposed for a particular serv2 ice, application, or benefit shall be deposited into the

3 account established under paragraph (1) that is for

4 the bureau with jurisdiction over the function to

5 which the fee relates.

6 (4) FEES NOT TRANSFERABLE.—No fee may be

7 transferred between the Bureau of Citizenship and

8 Immigration Services and the Bureau of Immigra9 tion Enforcement for purposes not authorized by

10 section 286 of the Immigration and Nationality Act

11 (8 U.S.C. 1356).

12 (5) ESTABLISHMENT OF FEES FOR ADJUDICA13 TION AND NATURALIZATION SERVICES.—Section

14 286(m) of the Immigration and Nationality Act (8

15 U.S.C. 1356(m)) is amended by striking ‘‘services,

16 including the costs of similar services provided with17 out charge to asylum applicants or other immi18 grants.’’ and inserting ‘‘services.’’.

19 (c) LEASING OR ACQUISITION OF PROPERTY.—Not20 withstanding the Federal Property and Administrative

21 Services Act of 1949 (40 U.S.C. 471 et seq.), the Attorney

22 General is authorized to expend, from the appropriation

23 provided for the administration and enforcement of the

24 Immigration and Nationality Act (8 U.S.C. 1101 et seq.),

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1 quisition of property in the fulfillment of establishing the

2 Office of the Associate Attorney General for Immigration

3 Affairs, the Bureau of Citizenship and Immigration Serv4 ices, and the Bureau of Immigration Enforcement under

5 this Act.

6 (d) SENSE OF CONGRESS.—It is the sense of the

7 Congress that—

8 (1) the missions of the Office of the Associate

9 Attorney General for Immigration Affairs, the Bu10 reau of Citizenship and Immigration Services, and

11 the Bureau of Immigration Enforcement are equally

12 important and, accordingly, they each should be ade13 quately funded; and

14 (2) the functions of the Associate Attorney

15 General for Immigration Affairs described in section

16 3, the immigration adjudication and service func17 tions referred to in section 4, and the immigration

18 enforcement functions referred to in section 6 should

19 not operate at levels below that in existence prior to

20 the enactment of this Act.

21 (e) ELIMINATION OF LIMITATION ON EXPENDITURES

22 FOR BACKLOG REDUCTION.—Section 204(b) of the Immi23 gration Services and Infrastructure Improvements Act of

24 2000 (8 U.S.C. 1573(b)) is amended by striking para25 graph (4).

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1 SEC. 12. REPORTS AND IMPLEMENTATION PLANS.

2 (a) DIVISION OF FUNDS.—The Attorney General, not

3 later than 120 days after the date of the enactment of

4 this Act, shall submit to the Committees on Appropria5 tions and the Judiciary of the House of Representatives

6 and of the Senate a report on the proposed division and

7 transfer of funds, including unexpended funds, appropria8 tions, and fees, among the Office of the Associate Attorney

9 General for Immigration Affairs, the Bureau of Citizen10 ship and Immigration Services, and the Bureau of Immi11 gration Enforcement.

12 (b) DIVISION OF PERSONNEL.—The Attorney Gen13 eral, not later than 120 days after the date of the enact14 ment of this Act, shall submit to the Committees on Ap15 propriations and the Judiciary of the House of Represent16 atives and of the Senate a report on the proposed division

17 of personnel among the Office of the Associate Attorney

18 General for Immigration Affairs, the Bureau of Citizen19 ship and Immigration Services, and the Bureau of Immi20 gration Enforcement.

21 (c) IMPLEMENTATION PLAN.—

22 (1) IN GENERAL.—The Attorney General, not

23 later than 120 days after the date of the enactment

24 of this Act, and every 6 months thereafter until the

25 termination of fiscal year 2005, shall submit to the

26 Committees on Appropriations and the Judiciary of

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1 the House of Representatives and of the Senate an

2 implementation plan to carry out this Act.

3 (2) CONTENTS.—The implementation plan

4 should include details concerning the separation of

5 the Office of the Associate Attorney General for Im6 migration Affairs, the Bureau of Citizenship and

7 Immigration Services, and the Bureau of Immigra8 tion Enforcement, including the following:

9 (A) Organizational structure, including the

10 field structure.

11 (B) Chain of command.

12 (C) Procedures for interaction among such

13 office and bureaus.

14 (D) Procedures for the Director of Shared

15 Services to perform all shared support func16 tions, including authorizing the Directors of the

17 Bureau of Citizenship and Immigration Services

18 and the Bureau of Immigration Enforcement to

19 approve training curricula and to acquire such

20 supplies and equipment as may be necessary to

21 perform the daily operations of their bureau.

22 (E) Procedures to establish separate ac23 counts and financial management systems for

24 the Bureau of Citizenship and Immigration

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1 forcement, and to implement all provisions of

2 section 11(b).

3 (F) Fraud detection and investigation.

4 (G) The processing and handling of re5 moval proceedings, including expedited removal

6 and applications for relief from removal.

7 (H) Recommendations for conforming

8 amendments to the Immigration and Nation9 ality Act (8 U.S.C. 1101 et seq.).

10 (I) Establishment of a transition team.

11 (J) Ways to phase in the costs of sepa12 rating the administrative support systems of

13 the Immigration and Naturalization Service in

14 order to provide for separate administrative

15 support systems for the Bureau of Citizenship

16 and Immigration Services and the Bureau of

17 Immigration Enforcement in instances where

18 separate systems are more efficient or effective.

19 (d) REPORT ON IMPROVING IMMIGRATION SERV20 ICES.—

21 (1) IN GENERAL.—The Attorney General, not

22 later than 1 year after the date of the enactment of

23 this Act, shall submit to the Committees on the Ju24 diciary and Appropriations of the House of Rep25 resentatives and of the Senate a report containing a

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1 plan for how the Director of the Bureau of Citizen2 ship and Immigration Services will complete effi3 ciently, fairly, and within a reasonable time, the ad4 judications described in paragraphs (1) through (5)

5 of section 4(b).

6 (2) CONTENTS.—For each type of adjudication

7 to be undertaken by the Director of the Bureau of

8 Citizenship and Immigration Services, the report

9 shall include the following:

10 (A) Any potential savings of resources that

11 may be implemented without affecting the qual12 ity of the adjudication.

13 (B) The goal for processing time with re14 spect to the application.

15 (C) Any statutory modifications with re16 spect to the adjudication that the Attorney

17 General considers advisable.

18 (3) CONSULTATION.—In carrying out para19 graph (1), the Attorney General shall consult with

20 the Secretary of State, the Secretary of Labor, the

21 Associate Attorney General for Immigration Affairs,

22 the Director of the Bureau of Immigration Enforce23 ment, and the Director of the Executive Office for

24 Immigration Review to determine how to streamline

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1 ing adjudications described in section 4(b) and re2 lated processes.

3 (e) REPORT ON IMPROVING ENFORCEMENT FUNC4 TION.—

5 (1) IN GENERAL.—The Attorney General, not

6 later than 1 year after the date of the enactment of

7 this Act, shall submit to the Committees on Appro8 priations and the Judiciary of the House of Rep9 resentatives and of the Senate a report with a plan

10 detailing how the Bureau of Immigration Enforce11 ment, after the transfer of functions performed

12 under the programs described in paragraphs (1)

13 through (5) of section 6(b), will enforce comprehen14 sively, effectively, and fairly all the enforcement pro15 visions of the Immigration and Nationality Act (8

16 U.S.C. 1101 et seq.) relating to such programs.

17 (2) CONSULTATION.—In carrying out para18 graph (1), the Attorney General shall consult with

19 the Secretary of State, the Director of the Federal

20 Bureau of Investigation, the Secretary of the Treas21 ury, the Secretary of Labor, the Commissioner of

22 Social Security, the Associate Attorney General for

23 Immigration Affairs, the Director of the Bureau of

24 Citizenship and Immigration Services, the Director

25 of the Executive Office for Immigration Review, and

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1 the heads of State and local law enforcement agen2 cies to determine how to most effectively conduct en3 forcement operations.

4 (f) REPORT ON SHARED SERVICES.—The Attorney

5 General, not later than 3 years after the effective date

6 specified in section 15(a), shall submit to the Committees

7 on the Judiciary and Appropriations of the House of Rep8 resentatives and of the Senate a report on whether the

9 Director of Shared Services is properly serving the Bureau

10 of Citizenship and Immigration Services and the Bureau

11 of Immigration Enforcement. The report should address

12 whether it would be more efficient to transfer one or more

13 of the functions described in section 3 to the Director of

14 the Bureau of Citizenship and Immigration Services or the

15 Director of the Bureau of Immigration Enforcement, and

16 shall include an estimate of the cost of any such transfer

17 that the Attorney General recommends. The report should

18 also address whether it would be more efficient to transfer

19 one or more of the functions described in sections 4 and

20 6 to the Office of the Associate Attorney General for Im21 migration Affairs, and shall include an estimate of the cost

22 of any such transfer that the Attorney General rec23 ommends.

24 (g) COMPTROLLER GENERAL STUDIES AND RE25 PORTS.—

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H.L.C.

1 (1) STATUS REPORTS ON TRANSITION.—Not

2 later than 18 months after the effective date speci3 fied in section 15(a), and every 6 months thereafter,

4 until full implementation of this Act has been com5 pleted, the Comptroller General of the United States

6 shall submit to the Committees on Appropriations

7 and on the Judiciary of the House of Representa8 tives and the Senate a report containing the fol9 lowing:

10 (A) A determination of whether the trans11 fer of functions made by sections 4 and 6 of

12 this Act has been completed, and if the transfer

13 of functions has not taken place, identifying the

14 reasons why the transfer has not taken place.

15 (B) If the transfer of functions made by

16 sections 4 and 6 of this Act has been com17 pleted, an identification of any issues that have

18 arisen due to the completed transfer of func19 tions.

20 (C) An identification of any issues that

21 may arise due to the future transfer of func22 tions.

23 (2) REPORT ON MANAGEMENT.—Not later than

24 4 years after the effective date specified in section

25 15(a), the Comptroller General of the United States

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1 shall submit to the Committees on Appropriations

2 and on the Judiciary of the House of Representa3 tives and the Senate a report, following a study, con4 taining the following:

5 (A) Determinations of whether the transfer

6 of functions from the Immigration and Natu7 ralization Service to the Bureau of Citizenship

8 and Immigration Services and the Bureau of

9 Immigration Enforcement, and the transfer of

10 functions from the Immigration and Naturaliza11 tion Service and the Office of Immigration Liti12 gation of the Civil Division to the Office of the

13 Associate Attorney General for Immigration Af14 fairs, under this Act has improved, with respect

15 to each function transferred, the following:

16 (i) Operations.

17 (ii) Management, including account18 ability and communication.

19 (iii) Financial administration.

20 (iv) Recordkeeping, including informa21 tion management and technology.

22 (B) A statement of the reasons for the de23 terminations under subparagraph (A).

24 (C) Any recommendations for further im25 provements to the Office of the Associate AttorVerDate 11-MAY-2000 20:58 Apr 19, 2002 Jkt 099006 PO 00000 Frm 00173 Fmt 6659 Sfmt 6601 E:\HR\OC\HR413.XXX pfrm01 PsN: HR413
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H.L.C.

1 ney General for Immigration Affairs, the Bu2 reau of Citizenship and Immigration Services,

3 and the Bureau of Immigration Enforcement.

4 SEC. 13. APPLICATION OF INTERNET-BASED TECH5 NOLOGIES.

6 (a) ESTABLISHMENT OF TRACKING SYSTEM.—The

7 Attorney General, not later than 1 year after the date of

8 the enactment of this Act, in consultation with the Tech9 nology Advisory Committee established under subsection

10 (c), shall establish an Internet-based system, that will per11 mit a person, employer, immigrant, or nonimmigrant who

12 has filings with the Attorney General for any benefit under

13 the Immigration and Nationality Act (8 U.S.C. 1101 et

14 seq.), access to online information about the processing

15 status of the filing involved.

16 (b) FEASIBILITY STUDY FOR ON-LINE FILING AND

17 IMPROVED PROCESSING.—

18 (1) ON-LINE FILING.—The Attorney General,

19 in consultation with the Technology Advisory Com20 mittee established under subsection (c), shall con21 duct a feasibility study on the on-line filing of the

22 filings described in subsection (a). The study shall

23 include a review of computerization and technology

24 of the Immigration and Naturalization Service relat25 ing to the immigration services and processing of filVerDate 11-MAY-2000 20:58 Apr 19, 2002 Jkt 099006 PO 00000 Frm 00174 Fmt 6659 Sfmt 6601 E:\HR\OC\HR413.XXX pfrm01 PsN: HR413
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H.L.C.

1 ings related to immigrant services. The study shall

2 also include an estimate of the timeframe and cost

3 and shall consider other factors in implementing

4 such a filing system, including the feasibility of fee

5 payment on-line.

6 (2) REPORT.—A report on the study under this

7 subsection shall be submitted to the Committees on

8 the Judiciary of the House of Representatives and

9 the Senate not later than 1 year after the date of

10 the enactment of this Act.

11 (c) TECHNOLOGY ADVISORY COMMITTEE.—

12 (1) ESTABLISHMENT.—The Attorney General

13 shall establish, not later than 60 days after the date

14 of the enactment of this Act an advisory committee

15 (in this section referred to as the ‘‘Technology Advi16 sory Committee’’) to assist the Attorney General

17 in—

18 (A) establishing the tracking system under

19 subsection (a); and

20 (B) conducting the study under subsection

21 (b).

22 The Technology Advisory Committee shall be estab23 lished after consultation with the Committees on the

24 Judiciary of the House of Representatives and the

25 Senate.

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H.L.C.

1 (2) COMPOSITION.—The Technology Advisory

2 Committee shall be composed of representatives

3 from high technology companies capable of estab4 lishing and implementing the system in an expedi5 tious manner, and representatives of persons who

6 may use the tracking system described in subsection

7 (a) and the on-line filing system described in sub8 section (b)(1).

9 SEC. 14. DEFINITIONS.

10 For purposes of this Act:

11 (1) The term ‘‘function’’ includes any duty, ob12 ligation, power, authority, responsibility, right, privi13 lege, activity, or program.

14 (2) The term ‘‘office’’ includes any office, ad15 ministration, agency, bureau, institute, council, unit,

16 organizational entity, or component thereof.

17 SEC. 15. EFFECTIVE DATE; TRANSITION.

18 (a) IN GENERAL.—The abolishment of the Immigra19 tion and Naturalization Service, the establishment of the

20 Office of the Associate Attorney General for Immigration

21 Affairs, the Bureau of Citizenship and Immigration Serv22 ices, and the Bureau of Immigration Enforcement, and

23 the transfers of functions specified under this Act shall

24 take effect on the date that is 1 year after the date of

25 the enactment of this Act. The Associate Attorney General

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H.L.C.

1 for Immigration Affairs, the Director of the Bureau of

2 Citizenship and Immigration Services, and the Director of

3 the Bureau of Immigration Enforcement shall be ap4 pointed not later than such effective date. To the extent

5 that functions to be transferred to such persons under this

6 Act continue to be performed by the Immigration and

7 Naturalization Service and the Office of Immigration Liti8 gation of the Civil Division during fiscal year 2003, the

9 Attorney General shall provide for an appropriate account10 ing of funds and an appropriate transfer of funds appro11 priated to such entities to the appropriate component of

12 the Office of the Associate Attorney General for Immigra13 tion Affairs, the Bureau of Citizenship and Immigration

14 Services, or the Bureau of Immigration Enforcement.

15 (b) TRANSITION PERIOD FOR CERTAIN BUREAU

16 FUNCTIONS.—Notwithstanding subsection (a), during the

17 18-month period after the transfer of functions under this

18 Act takes effect, the Associate Attorney General for Immi19 gration Affairs is authorized to perform the functions de20 scribed in subsections (c), (d), and (g) of each of sections

21 4 and 6 for both the Bureau of Citizenship and Immigra22 tion Services and the Bureau of Immigration Enforce23 ment.

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H.L.C.

1 SEC. 16. CONFORMING AMENDMENT.

2 Section 5315 of title 5, United States Code, is

3 amended by striking the following:

4 ‘‘Commissioner of Immigration and Naturaliza5 tion, Department of Justice.’’.

Amend the title so as to read: ‘‘A bill to replace the

Immigration and Naturalization Service with the Office

of the Associate Attorney General for Immigration Affairs, the Bureau of Citizenship and Immigration Services, and the Bureau of Immigration Enforcement, and

for other purposes.’’.

179

Chairman SENSENBRENNER. The Chair yields himself 5 minutes

to explain the bill.

Today we take the next step in advancing the process of fundamental reform of the most beleaguered agency in the Federal Government, the INS. At yesterday’s hearing there was a consensus

that the agency needs to be restructured. Today we will take such

a step by voting on H.R. 3231, the ‘‘Immigration Reform and Accountability Act.’’ This process began in the 1990’s when the Barbara Jordan Commission on Immigration Reform issued its report, calling for a drastic restructuring of the INS, and the performance of the immigration law enforcement and the delivery of immigration benefits by

separate agencies to avoid mission overload.

Since then various alternative restructuring proposals have been

put forward including one by the INS itself. Yet none of these proposals advance very far, and even the INS’s own proposal was

shelved during the last Administration. The current INS administrative plan keeps the INS intact as a consolidated agency, when

what needs to be created are two new bureaus in the Justice Department. As we saw yesterday, the INS has reorganized itself numerous times in the past decades, but the agency is still in a deep

quagmire. I don’t think any additional attempt at internally reorganizing can pull the INS out of this morass in which it finds itself.

Dramatic change must be made to our immigration system, and

that is what H.R. 3231 brings.

The bill creates within the Justice Department an Associate Attorney General for Immigration Affairs. This would elevate immigration policy to the level that it deserves in the department, and

ensure uniformity in national immigration policy. Also the bill promotes good management by requiring that the Associate AG has

several years of experience in managing a large complex organization.

The bill establishes two bureaus under the supervision of the

agency, a bureau for Immigration Services and a bureau for Immigration Enforcement. Each bureau would be headed by a director

with 10 years of experience in his or her respective immigration

mission including 5 years of management experience. Each bureau

would also have its own set of offices to set policy and focus on and

carry out its distinct mission. Each bureau would have a separate

budget. No longer will service be sacrificed for the sake of enforcement or vice versa as has so often happened in the past. The bill

also provides for the reality that two separate immigration bureaus

will need access to the same items, aliens’ files and computer databases, for instance. Accordingly, the bill creates an office of shared

services to allocate and coordinate resources needed by all of the

components such as facilities, information resources and records.

We learned at the end of fiscal year 2001 the INS had a backlog

of 4.9 million applicants. There are serious service problems and

needs serious service help. The bill creates an Office of the Ombudsman to ensure that legal aliens are treated with the respect

they deserve by the service bureau. The Ombudsman will serve as

an alternative to congressional immigration case workers, something welcome in this hallowed halls, for aliens and employers who

are at their wit’s end. The bill requires that the ombudsman have

a background of customer service and immigration law.

180

Finally, the bill requires the AG to establish the Internet-based

system that will permit people with immigration applications filed

with the AG to have access to online information about the procession status of the application. An online system would cut down on

the long lines of people waiting each morning in front of INS offices

to pick up forms and to check on their status, decrease the number

of phone calls made to the INS by people trying to get information

on status, and most important, would prevent the INS from losing

the alien’s paper files.

This bill lays out the blueprint for success. It creates clear

change of command, separate the agency into its to equally important but more manageable missions and requires more accountability. However, we in Congress cannot do all that’s necessary to

improve the INS. The Justice Department will need to fill the positions this bill creates with talented and resourceful people dedicated to improving the immigration system.

Also the Commissioner will need to use solid leadership and creative management throughout the transfer of functions.

Nevertheless the bill is the catalyst needed to reform and truly

improve the INS, and I urge all Committee Members to support it.

The Chair was about ready to recognize the gentleman from

Michigan. The Chair will recognize in his stead the gentlewoman

from Texas, who is the Ranking Member, for 5 minutes.

Ms. JACKSON LEE. I thank the gentleman very much. I imagine

the gentleman from Michigan will be here.

Let me acknowledge first of all the collaborative work of the

Members of this Committee. I’d like to thank all of the Members

of the Committee because their staff were engaged in these discussions. And, Mr. Chairman, I’d like to thank you and the Ranking

Member, and of course, the chairman of the Immigration Committee for a word that seems to be difficult to utilize here in Washington, and that is ‘‘engagement.’’ And I think out of that we have

an answer to what many Americans have posed as a question over

a number of years, and that is, can the INS work, can the INS

function?

And we have given the INS almost 20 years with administrative

changes, and I believe that we have now a large opportunity, this

is a large day, if you will, an expansive day to begin turning the

tide. This legislation offers to turn the tide.

Many would offer to say what’s in a name? And I believe there

is something in a name and I am grateful saw the wisdom of a request by the Ranking Member, and I joined him to name this legislation after Honorable Barbara Jordan, one of my predecessors in

the 18th Congressional District and obviously the author of the

Jordan legislation. Times have changed, but one of the things Congresswoman Jordan attempted to do was to bring chaos into order.

And I said this yesterday, that the INS can be an agency of law

and order and compassion. It does not have to be an agency of

chaos.

This bill has come a long way, and I think the key elements of

it are elements that generate out of compromise. I filed legislation

a couple of years ago, H.R. 1562, and I saw the necessity of eliminating the existing and present INS with the understanding that

there are many good employees and many good persons who are

committed and dedicated public servants, but they’re functioning

181

on an antiquated, broken, misdirected system. This particular legislation creates an Associate Attorney General. I believe we need

someone as high ranking at that position. There is only one Associate Attorney General existing in the Department of Justice as we

speak. We now will create a second one. That is a powerful position.

The bureau that will be created, there will be two directors, who

will have distinct responsibilities over enforcement and then services, but they will be coordinated. They will know what each other

are doing. They will not step on each other. They will not compete

to the extent that they draw from the ability to perform their task

well.

The Enforcement Bureau will have the opportunity to create options and opportunities for professional development of the special

investigators. And the Border Patrol, which has been a real problem, will be able to fight against attrition by fighting for more increased compensation for the Border Patrol agents, giving them the

respectability of an enforcement agency, but yet not drawing upon

the need of the Services Bureau and the responsibilities that they

have.

Mr. Chairman and my colleagues, if you talk to any Member you

will find out that the overload of their office are immigration

issues. They are totally inundated with the problems that constituents have in accessing legalization. The service centers don’t work.

The district offices don’t work. Now we will have an integrated system with a direct line to Washington, where people will say,

‘‘Washington has directed us to do this.’’ That does not happen

now. You’ll find in the district offices and the field offices, they

don’t know what Washington is doing, they have no consistency in

policy or direction. This legislation gives that direction.

I’m very proud that many of us proposed the idea of dealing with

children. We were finding, in the immigration system, that children

were being divided from parents if they were in detention centers,

that they didn’t know what to do with children, that children were

languishing in detention centers, that there was no special effort

to combine the understanding of the laws of the child’s nation and

this Nation, and so we now have an Office of Children Affairs established in the Associate Attorney General’s Office, raising the

concern and importance of children’s issues in the immigration system. This is a very important mechanism.

We still need to secure a student tracking system that keeps

track of every foreign national. We need to make sure that the proposals that the INS are putting forward work. That’s why this is

good legislation——

Chairman SENSENBRENNER. The time——

Ms. JACKSON LEE.—Mr. Chairman. Let me simply——

Chairman SENSENBRENNER.—of the gentlewoman has expired.

Ms. JACKSON LEE. May I simply just conclude in this sentence,

if I could just conclude, by simply saying, Mr. Chairman, is that

this bill does not preclude, does not preclude the Administration’s

offerings of last November. Clearly, it is structured for the Administration to integrate its structural changes in this legislation. And

I ask my colleagues as we move forward, to join us in commending

or recommending this bill.

Thank you, Mr. Chairman.

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Chairman SENSENBRENNER. The time of the gentlewoman has expired.

The gentleman from Michigan?

Mr. CONYERS. Mr. Chairman, I ask unanimous consent to introduce my statement into the record.

Chairman SENSENBRENNER. Without objection, and also without

objection, all opening statements will be placed in the record.

[The prepared statement of Mr. Conyers follows:]

PREPARED STATEMENT OF THE HONORABLE JOHN CONYERS, JR., A REPRESENTATIVE

IN CONGRESS FROM THE STATE OF MICHIGAN

Mr. Chairman, I strongly support the proposed compromise.

I would like to thank you, along with Chairman Gekas and Ranking Member

Jackson Lee, for working with us in good faith to develop a proposal that will accomplish our joint goal of an effective and efficient immigration service that both

enforces the law and properly provides benefits to those seeking to immigrate.

After months of negotiation and consideration of several bills and the Administration’s proposal, we are all convinced that the chance for meaningful change at the

INS is through legislative restructuring.

In the broadest sense, we have agreed from the beginning that in order for the

INS to meet its dual missions, it must be restructured into 2 agencies—one for enforcement and one for services—with a person at the top coordinating the activities

of both branches where their missions’ overlap.

I agreed to join in this Substitute after we filled in some of the blanks and made

some significant improvements.

First, we have established an Associate Attorney General for Immigration Affairs,

elevating policy decisions and management to a higher level within the Department

of Justice. The Associate Attorney General has been given many of the tools and

the resources needed to effectuate positive changes.

In particular, within the Office of the Associate Attorney General is a single General Counsel. Originally there had been a General Counsel in each bureau. Needless

to say, when have 2 lawyers ever been able to agree on anything? As the mission

of the 2 branches will be different, the AAG now has a General Counsel to make

sure that both bureaus apply the laws fairly and consistently.

Second, the Substitute establishes an Office of Children’s Affairs to address the

special needs of immigrant children who are in the United States without their parents, often times in detention.

Third, the Executive Office for Immigration Review has been moved out from

under the responsibilities of the Associate Attorney General. As an adjudicatory

body that reviews immigration decisions, it was inappropriate to have EOIR under

the authority of the AAG for Immigration Affairs.

Fourth, the Substitute leaves in place the Office of Special Counsel within the

Civil Rights Division and the Office of Special Investigations within the Criminal

Division. These organizations are presently functioning well and we saw no need to

burden them with the immigration bureaucracy.

Finally, we’ve agreed to make clear that asylum and refugee applications are to

be paid for out of appropriated funds rather than raising the visa fees for other applicants in order to subsidize these important programs.

I recognize that others—namely the Senate and the Administration—have ideas

on how to improve this bill. Some of them I probably agree with and I look forward

to working with them as this bill moves its way through Congress. Today, however,

we are taking a very positive step forward in making our immigration system work

better.

I urge my colleagues to support the amendment.

[The prepared statement of Mr. Hyde follows:]

PREPARED STATEMENT OF THE HONORABLE HENRY J. HYDE, A REPRESENTATIVE IN

CONGRESS FROM THE STATE OF ILLINOIS

Mr. Chairman, I plan to vote in favor of H.R. 3231, as amended by your amendment in the nature of a substitute. I would like to offer a few words by way of explanation.

I strongly support the efforts of the Bush Administration, spearheaded by Attorney General Ashcroft and Commissioner Ziglar, to reorganize and reform the Immigration and Naturalization Service. Because the Administration already has all the

statutory authority it needs to carry out its reorganization plan, my position has

183

been that we should give the Administration plan a chance to work before legislating in this area.

H.R. 3231, however, contains an important additional reform provision that does

require legislative authority. This is the creation of an Associate Attorney General

for Immigration Affairs to oversee all of our immigration-related operations. I believe the creation of this new position will complement and facilitate the Administration’s reorganization and reform plan. Because the new Associate Attorney General position is at a substantially higher level in the Justice Department than the

current INS Commissioner position, this change will make it far more likely that

immigration issues get the attention they deserve—not just in times of crisis but

day in and day out.

H.R. 3231 contains several provisions that I think can and should be substantially

improved as the bill works its way through the legislative process. In particular, the

bill in its current form prescribes extremely detailed job specifications for the Associate Attorney General and for the heads of the immigration benefits and enforcement bureaus. I believe these requirements constitute inappropriate micromanagement. Rather than limit the President’s flexibility in these appointments, we should

allow him to choose from the broadest possible range of highly qualified candidates.

To the extent that a check on the President’s discretion is needed, this is more than

amply provided by the Senate’s advise and consent power.

Despite these reservations, I believe a favorable report on H.R. 3231 by the Judiciary Committee will be a step forward. I look forward to working with you, Mr.

Chairman, as well as with the Administration, for further improvements in the legislation and in our immigration and naturalization system.

Chairman SENSENBRENNER. Let me say that there has been a

motion to instruct on bankruptcy provisions on the farm bill that

has been filed, which will be brought up at the end of the day,

which limits our ability to consider this bill later on in the afternoon, and I’d like to be able to prevent us from having to come

back tomorrow morning to finish this bill up, and that will require

a little self discipline on the part of all of the Members so that we

can get the amendments disposed of as quickly as possible.

Are there any amendments?

Mr. BERMAN. Mr. Chairman.

Chairman SENSENBRENNER. The gentleman from California.

Mr. BERMAN. Mr. Chairman, I have an amendment at the desk.

Chairman SENSENBRENNER. The clerk will report the amendment.

The CLERK. Amendment to the amendment in the Nature of a

Substitute to H.R. 3231 offered by Mr. Berman.

Mr. BERMAN. Mr. Chairman, I ask unanimous consent the

amendment be considered as read.

Chairman SENSENBRENNER. Without objection, so ordered. The

gentleman is recognized for 5 minutes.

[The amendment follows:]

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Mr. BERMAN. Yes, Mr. Chairman. This is a fairly simple and

straightforward amendment. It simply is an authorization of appropriations for refugee and asylum seekers. By law we do not charge,

for very understandable reasons, refugees and asylum seekers application fees for adjustment of their status and for admission.

Chairman SENSENBRENNER. Will the gentleman yield?

Mr. BERMAN. Yes.

Chairman SENSENBRENNER. I am prepared to accept this amendment. The impact of this authorization means that the fees that

are charged to other applicants for benefits in the INS would not

have to be raised to pay for the adjudications of the asylees and

the refugees, and I think that cost shifting that is presently going

on is unfair. If we want to state by law there are no fees charged

to asylees and refugees, then we ought to use taxpayers’ money to

pay for their adjudication. That’s what this amendment authorizes

the funds for, and I think it is a good amendment.

Mr. BERMAN. I couldn’t have said it as well myself. Thank you,

Mr. Chairman.

Mr. CONYERS. Would the gentleman yield?

Mr. BERMAN. I’d be happy to.

Mr. CONYERS. I’d like to indicate my support for the amendment

as well and thank the gentleman, and I yield back the——

Chairman SENSENBRENNER. I thank the gentleman.

Ms. JACKSON LEE. Will the gentleman yield?

Mr. BERMAN. I would be happy to yield.

Ms. JACKSON LEE. Mr. Berman, first of all I want to thank you

for this. I’m dealing with an asylum case as we speak, and I think

that the statement that we make on this is the appropriate statement under refugee and asylum purposes, the reason why they’re

engaged in that process, and so I thank you for the amendment

and support it.

Mr. BERMAN. Thank you very much. I yield back.

Mr. GEKAS. Mr. Chairman?

Chairman SENSENBRENNER. Gentleman from Pennsylvania.

Mr. GEKAS. Yes. I move to strike the last word.

185

Chairman SENSENBRENNER. The gentleman is recognized for 5

minutes.

Mr. GEKAS. I’d like to draw the attention of the Members to two

phenomena that I wish to comment upon. One is that we have

learned this morning, for those who have not heard, that the second of the four Pakistani ship jumpers is now in custody, so were

2 down and 2 to go apparently. We are not sure of the details of

how the second came into custody, but it may be that he surrendered, thus making it easier to put the resources on trying to find

the other two.

Secondly, I wish to comment upon an added attractive feature

that now appears in the substitute which we are considering, and

that is that we will be contemplating and accentuating citizenship

and the road to citizenship in the new structure that we have formulated for the INS.

For instance, we would be adjusting the name of the Bureau of

Services to the Bureau of Citizenship and Services. By itself, that

is a wonderful symbol and message to our immigration policies and

to all those involved in that phenomenon by accenting citizenship.

And within that there would be an Office of Citizenship added to

the Bureau of Citizenship and Services. This is in keeping with the

often mentioned Barbara Jordan Commission accent on citizenship,

and it is conforming to the ideas that many of us have had that

we’ve got to elevate the feeling that new immigrants, in their drive

towards citizenship, can accumulate while learning English, while

learning some of the Americans, the American history that is so

important to all Americans, and working their way finally to be

able to undertake a test, to pass the test, and then to take an oath

which will be meaningful, not just in its rhetoric but also in its fulsome meaning. In the current oath that we have so often observed

in naturalization ceremonies, there are many of us who have been

over educated who do not understand some of the words. In that

oath that is now prevalent, there are the words ‘‘abjure’’ and ‘‘potentate.’’ I myself have watched many of the new citizens stumble

over those words, and I do not believe that 2 percent of them really

understand what is meant by their own oath of citizenship.

At some later point we have prepared, and we will offer to the

Committee, a new oath, one that has been crafted to reflect that

the beginnings of English are only—the beginnings of English only

have sifted through to the new immigrants, but yet that oath will

carry with it the two basic themes. One, the allegiance, the new allegiance to the new Nation that they are adopting; and secondly a

concomitant rejection of allegiance to any other nation or any other

foreign potentate, to use that word.

So I’m looking forward to completion of the bill today which will

elevate the symbol of and the actuality of citizenship, and then to

ask the Members to be patient until we have another hearing on

the basis of promoting a new oath and giving credence to what a

new citizen is all about.

I yield back the balance of my time.

Chairman SENSENBRENNER. The question is on the amendment

offered by the gentleman from California, Mr. Berman. Those in

favor will say aye.

Opposed, no.

186

The ayes appear to have it. The ayes have it, and the amendment is agreed to.

Are there further amendments?

Mr. ISSA. Mr. Chairman?

Chairman SENSENBRENNER. The gentleman from California, for

what purpose do you seek recognition?

Mr. ISSA. I have an amendment at the desk.

Chairman SENSENBRENNER. The clerk will report the amendment.

Mr. ISSA. Number 1.

The CLERK. Amendment to the Amendment in the Nature of a

Substitute offered by Mr. Issa to H.R. 3231. ‘‘At the end of section

12 (relating to reports and implementation plans), add the following:’’

‘‘(h) Report on Interior Checkpoints.—Not later than 6 months

after the date of the’’——

Chairman SENSENBRENNER. Without objection, the amendment is

considered as read, and the gentleman——

Mr. WATT. Mr. Chairman, I reserve a point of order.

Chairman SENSENBRENNER. The point of order is reserved.

The gentleman from California is recognized for 5 minutes.

[The amendment follows:]

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Mr. ISSA. Mr. Chairman, my amendment seeks not to immediately perform an act as part of the reforming of the Border Patrol, but to in fact put once and for all a study out that would set

what I believe to be a misguided practice by the Border Patrol and

a misuse of resources aside.

Within my district the Border Patrol on both the I–5 Freeway,

the busiest in our Nation, and the I–15, another major intersection,

uses about 270 Border Patrol agents per day to apprehend between

7 and 14 illegals a day, depending upon a period of years, but right

now it’s running more toward the 7. When we look at the resources

of hundreds of Border Patrol agents, in spite of the fact that the

Border Patrol itself says that this is a wonderful thing, it doesn’t

appear to pass the test of cost effectiveness, and therefore, I would

like to have the opportunity to study it, and then upon appropriate

study, I believe we will be encouraging appropriately the INS to reallocate its resources to where they could do a lot more good withVerDate 11-MAY-2000 20:58 Apr 19, 2002 Jkt 099006 PO 00000 Frm 00187 Fmt 6659 Sfmt 6601 E:\HR\OC\HR413.XXX pfrm01 PsN: HR413
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out stopping hundreds of thousands of American citizens and noncitizens alike, needlessly every single day.

Ms. LOFGREN. Would the gentleman yield?

Mr. ISSA. Yes, I would yield.

Ms. LOFGREN. I’d just like to say I think this is such a sensible

amendment. I think all of us in California have experienced what

you’ve just described. Not only is it intrusive, but it seems so pointless, and—and I really strongly think this is a terrific idea and I

hope that we can do it.

I yield back.

Chairman SENSENBRENNER. Does——

Mr. WATT. I withdraw my point order.

Chairman SENSENBRENNER. The question is on the Issa Amendment.

Mr. DELAHUNT. Mr. Chairman?

Chairman SENSENBRENNER. The gentleman from Massachusetts,

Mr. Delahunt.

Mr. DELAHUNT. I support the amendment, but I want to direct

an inquiry to the Chair. Yesterday during the hearing, I posed the

question in terms of the utilization of local and State officials to

conduct investigations to affect enforcement, I assist in enforcement activities. And I wonder—I haven’t had an opportunity to examine the amendment, the substitute, but if there is legal authority that is necessary, doesn’t it make sense to incorporate it in this

bill now?

And the answer I received yesterday was somewhat murky, and

I’m just posing that question because I think it’s related to what

this gentleman said.

Mr. ISSA. If the gentleman would yield?

Mr. DELAHUNT. I yield to Mr. Issa.

Mr. ISSA. I think your point of inquiry is very, very appropriate,

and probably this study is going to point up whether or not hundreds of trained professionals stopping hundreds of thousands of

cars a day is effective. If it is effective, perhaps you’re right that

local authorities, highway patrolmen, who it would be a routine

thing for them to do, would be more appropriately used. I think in

this particular case though, we will find that that type of activity

would not be the best use of Border Patrol or local officials.

Chairman SENSENBRENNER. Will the gentleman from Massachusetts yield?

Mr. DELAHUNT. I yield to the Chair.

Chairman SENSENBRENNER. Textually there is nothing in the

Amendment in the Nature of a Substitute or in the bill relating to

the Immigration Service deputizing State and local law enforcement to enforce the Immigration and Nationality Act. However,

there is a provision in the ’96 amendments to the INA that does

give the INS the authority to do that, and this legislation does not

affect what was in the ’96 act in any respect. Does that answer

your question?

Mr. DELAHUNT. It does answer my question. I thank the Chair.

I would hope that there would be a—I hope that the INS, the new

bureau if it should occur, would encourage cooperation among local

and State agencies so that we can have a force multiplier, if you

will, because yesterday, we were listening to testimony by Mr.

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Ziglar that he has less than 2,000 enforcement agents to cover the

entire United States, and that is just simply inaccurate.

Chairman SENSENBRENNER. And if the gentleman will yield further, I think that is a very valid point, and certainly, given the

magnitude particularly with figures of 321,000 aliens who have already been ordered deported by immigration judges, we ought to

have the dragnet out on the people who have already had their day

in court and lost.

Mr. BERMAN. Would the gentleman yield?

Mr. DELAHUNT. I yield to Mr. Berman.

Mr. BERMAN. The whole question of in what situations to deputize State and local law enforcement officials to force our immigration off is a very complicated question. There are obviously some

very clear and interesting questions about the 300,000 that the

Chairman mentioned, who are already under deportation orders,

but then there are many other questions raised to, including cooperation with law enforcement.

I would just suggest on a bill that I think has a great promise

for strong bipartisan support, that if we start getting into legislating on that issue, we have—we could have some—it could raise

a level of—it’s something that really needs to be examined very

carefully, in what situations you authorize and in what situations

you don’t.

Mr. DELAHUNT. Reclaiming my time—I’ll yield the time, but before I do I think—and I would commend to the subcommittee

chairs and to the chair of the full Committee, consideration for a

hearing into the issues that were raised by Mr. Berman, because

I think it is absolutely essential. There is no way we are going to

enforce our immigration laws without having some sort of ongoing

cooperative effort with local and State law enforcement officials, we

go through our airports—in my State, in Massachusetts for example, it’s the Massachusetts State Police that are there. They’re

available. I’m sure that given the appropriate protocol they could

be an invaluable assistance in terms of enforcing the immigration

laws. And I yield back.

Chairman SENSENBRENNER. The question is on the Issa Amendment. Those in favor will say aye.

Opposed, no.

The ayes appear to have it. The ayes have it, and the amendment is agreed to.

Are there further amendments?

Ms. BALDWIN. Mr. Chairman?

Chairman SENSENBRENNER. The gentlewoman from Wisconsin.

Ms. BALDWIN. Mr. Chairman, I have an amendment at the desk.

Chairman SENSENBRENNER. The clerk will report the amendment.

The CLERK. Amendment offered by Ms. Baldwin to the Amendment in the Nature of a Substitute to H.R. 3231.

Ms. BALDWIN. Mr. Chairman, I ask that the amendment be considered as read.

Chairman SENSENBRENNER. If the clerk would keep on reading,

I’d like to see some of—you know, some of the copies distributed

before we waive the reading.

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The CLERK. ‘‘In section 3(g)(2)(A)(i) of the bill, insert before the

semicolon at the end the following:, including developing a plan to

ensure’’——

Chairman SENSENBRENNER. Without objection, the amendment is

considered as read and the gentlewoman from Wisconsin is recognized for 5 minutes.

[The amendment follows:]

Ms. BALDWIN. Thank you, Mr. Chairman. This amendment is

simple. It would require the Office of Children’s Affairs within the

newly created agency for Immigration Affairs, to develop a plan to

provide unaccompanied alien children with independent legal counsel. In the year 2000 the INS took approximately 4,700 alien children who lacked a family member of a close friend here in the U.S.

into custody. Many unaccompanied children are smuggled into our

country and forced into prostitution or labor. Many are simply used

as tools for others to enter our country, and are then left behind.

While the current laws were intended to protect the child’s best

interest, it has become increasingly clear that the law’s intent and

purpose has become as blurry and confused as the entire Immigration and Naturalization Services.

While some of these unaccompanied alien children are deported

or reunited with family members, many of them are placed in detention centers for long periods of time without receiving adequate

counsel to help them navigate the legal process. Recently an 18-

month-old infant was placed before a judge in her swing chair by

the INS lawyer who sought to deport her as mandated under current law, as well as serve as her counsel, which is also mandated

by law. Fortunately, another lawyer present in the chambers realized this enormous conflict of interest and offered to take the case

pro bono.

Almost one-third of the alien children will be shackled, periodically strip searched before being sent into detention centers, where

they will eat, sleep and live beside juveniles who may have comVerDate 11-MAY-2000 20:58 Apr 19, 2002 Jkt 099006 PO 00000 Frm 00190 Fmt 6659 Sfmt 6601 E:\HR\OC\HR413.XXX pfrm01 PsN: HR413
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mitted very serious crimes. They can end up staying in these detention centers for long periods of time, often between 1 month and

2 years before receiving asylum hearings.

Many of these children will be transferred several times to other

states an other detention centers without being provided legal advice, let alone being told in their native language where and why

they are being moved.

During the debate over INS restructuring, a common theme has

been how the INS needs to do a much better job separating those

who want to tear down this country from those who want to build

it up. In most cases, unaccompanied alien children came to America to do neither. They came here because of situations out of their

control or to flee the kinds of evil in their home countries we have

learned so well exists throughout the world.

By accepting this amendment, we will compel the INS to develop

a plan that would provide unaccompanied alien children with the

legal counsel they need to have a fair chance in the courtrooms in

our country.

Ms. JACKSON LEE. Will the gentlelady yield?

Ms. BALDWIN. Be happy to yield to the gentlelady.

Ms. JACKSON LEE. Let me thank the gentlelady for an excellent

proposal and excellent amendment. In the United States, of course,

we’re quite familiar with the guardian ad litem and the independent lawyer that is selected for any child that happens to appear in a judicial proceeding and/or an administrative proceeding.

I think that this is minimally what we owe children who are languishing in detention centers, and I for one know that the detention centers that are spread across the Southern border in particular have children such as the Brazilian street children that

have made their way up through Mexico and others who are trying

to escape persecution and abuse, and thereby need to have independent counsel to assist them in whatever petitioning they’re trying to achieve. So I would applaud the gentlelady and I would hope

that my colleagues would support the amendment. I think it’s an

excellent addition to the Office of Children Affairs, and I yield back

to the gentlelady.

Chairman SENSENBRENNER. For what purpose does the gentleman from Texas, Mr. Smith, seek recognition?

Mr. SMITH. Mr. Chairman, I move to strike the last word.

Chairman SENSENBRENNER. The gentleman’s recognized for 5

minutes.

Mr. SMITH. Mr. Chairman, I appreciate the motives of the gentlewoman from Wisconsin and understand why she’s offering this

amendment, but I’m going to oppose it for 2 reasons. First of all,

if we will direct our attention to page 11 of the bill that we are considering, I want to point out that the children are not without help,

and I’ll read that provision that I think is applicable and appropriate from the bill.

It calls for compiling, updating and publishing at least annually

a state-by-state list of professionals or other entities qualified to

provide the guardian and attorney representation services. In addition, the second reason, Mr. Chairman, I think we should oppose

the amendment is that it violates Section 292 of the Immigration

and Nationality Act which states that a person, ‘‘Shall have the

privilege of being represented at no expense to the government.’’

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Appointing an attorney means the government is paying for it,

and that is obviously and clearly prohibited by the INA. Mandating

counsel raises the question of what is no attorney is willing to represent the alien pro bono. Must the government pay for an attorney

to ensure the child has one in every case? Imagine this scenario,

and this is not out of the realm of possibility. Imagine that a radical 17-year-old is apprehended by the INS before he can blow himself and dozens of others up. I’m not sure we really want to be in

a position where we’re asking the American taxpayer to pay for

that 17-year-old’s attorney.

And for those reasons, Mr. Chairman—— Ms. BALDWIN. Would the gentleman yield?

Mr. SMITH.—I would encourage us to oppose the amendment,

and I’ll be happy to yield to the gentleman—the gentlewoman from

Wisconsin.

Ms. BALDWIN. I just wanted to make very clear that this amendment stops short of—it requires the newly-created division to create plans that we would then have a chance to review in the future, and I think that this will bring this issue squarely before this

Committee and the Congress in the future, but it does stop short

of creating a mandate for appointment immediately, and I just

don’t want to see this issue lose the focus that it truly deserves and

that was the only other point I wanted to make to the gentleman,

that it does not immediately mandate appointment of counsel.

Mr. SMITH. Reclaiming my time, the language as you just stated

does say ‘‘developing a plan’’ but I’m not sure there’s much distinction really between developing a plan and mandating that attorney

be appointed. It seems to me if you have a plan it’s maybe a difference without a distinction and that’s my concern.

I’ll yield back the balance of my time, Mr. Chairman.

Chairman SENSENBRENNER. The question is on the

amendment—— Mr. DELAHUNT. Mr. Chairman?

Chairman SENSENBRENNER. The gentleman from Massachusetts.

Mr. DELAHUNT. I direct this to my colleague from Wisconsin.

Would she accept an amendment based upon the statement by the

gentleman from Texas which would indicate planning, but not implementing.

Ms. BALDWIN. I would certainly be interested n working out

wording that could get this amendment—my critical mission here

is to keep this very important issue moving. We do not want to see

what is happening now continue, and I want to use the resources

of the newly-restructured department to bring a plan back before

us, and so if we can work out wording, as the gentleman from Massachusetts suggests or others, to keep this up front and center, I

would be amenable to that at this point.

Mr. DELAHUNT. Reclaiming my time, I direct to the gentleman

from Texas whether he would accept an amendment which would

specify that the planning, but without—without implementation to

address—— Mr. SMITH. If the gentleman will yield.

Mr. DELAHUNT. Sure, I yield.

Mr. SMITH. Again, I think my point is that may or may not be

a difference with—a distinction without a difference. I’d be happy

to work with you or the gentlewoman from Wisconsin between here

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and the House floor in a possible manager’s amendment to consider

that, but I wouldn’t accept that amendment right now without—— Mr. WATT. Would the gentleman yield?

Mr. SMITH.—clarification from others about whether it would

still be violating the INA.

Mr. DELAHUNT. I yield to the gentleman from North Carolina,

Mr. Watt.

Mr. WATT. I would just suggest that after word ‘‘plan’’ on line 3,

we insert ‘‘to be considered by Congress,’’ so that it would be clear

that whatever proposals or studies or suggestions that were being

made would have to come back. I just think the gentleman is overreacting here. Even if you were going to implement a plan to have

all children represented by counsel, even our plans here in the

United States that require appointment of counsel end up with

counsel being appointed for some pretty sinister terrible people. I

agree that that is a problem, but the bulk of the—the important

thing is that we assure that children’s interests are represented,

not necessarily looking beyond that because that will then come out

in a hearing of some kind, and to try to make it seem like Ms.

Baldwin is trying to implement a representation system by this

amendment, I just think is a severe misreading, and I think that

would clarify it, and I would ask the gentlelady if she would consider that as a friendly amendment?

Chairman SENSENBRENNER. Without—well, just so that we’re

sure—— Mr. DELAHUNT. I yield back my time.

Chairman SENSENBRENNER. Is the gentleman from North Carolina proposing a modification of the Baldwin Amendment, and if so

would he be—— Mr. WATT. I’m not proposing it unless she’s amenable to it, but

if she is I would move—— Chairman SENSENBRENNER. Well, it would have to be done by

unanimous consent anyhow, so—— Mr. WATT. I would ask unanimous consent that the amendment

be considered by adding, after the word ‘‘plan’’ on the third line,

‘‘to be considered by Congress.’’

Chairman SENSENBRENNER. Is there any objection to the modification?

Mr. ISSA. I would object.

Chairman SENSENBRENNER. Objection is heard. The question——

Mr. CONYERS. Mr. Chairman.

Chairman SENSENBRENNER. The gentleman from Michigan, Mr.

Conyers.

Mr. CONYERS. Would the gentleman from Massachusetts yield?

Mr. DELAHUNT. I yield to the Ranking Member, Mr. Conyers.

Mr. CONYERS. I thank you. My unofficial counter tells me this

good amendment is going to go down, so why don’t we withdraw

it, I say to the gentleman, and let’s work on it, because it’s too good

to suffer this kind of fate.

Mr. DELAHUNT. I’ll yield to the gentlelady from Wisconsin.

Ms. BALDWIN. Well, I certainly do want to recognize the incredible bipartisan effort that went into the crafting of the substitute

that’s before us. I would certainly hope that prior to this being considered on the floor, that we might be able to have language in a

manager’s amendment considered that will address this topic, and

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would hope that we can work with that understanding, that we can

make progress on this issue, I would be willing to withdraw.

Mr. CONYERS. I thank the gentlelady.

Chairman SENSENBRENNER. Does the gentlewoman ask that the

amendment be withdrawn?

Ms. BALDWIN. I ask that the amendment be withdrawn.

Chairman SENSENBRENNER. The amendment is withdrawn.

Are there further amendments?

Ms. LOFGREN. Mr. Chairman?

Chairman SENSENBRENNER. The gentleman from Arizona, Mr.

Flake.

Mr. FLAKE. Mr. Chairman, I have an amendment at the desk.

Chairman SENSENBRENNER. The clerk will report the amendment.

The CLERK. Amendment offered by Mr. Flake to the Amendment

in the Nature of a Substitute to H.R. 3231.

‘‘In section 4(a) of the bill, add at the end the following.’’

Mr. FLAKE. Mr. Chairman, I ask unanimous consent that the bill

be—the amendment be considered read.

Mr. WATT. I reserve a point of order.

Chairman SENSENBRENNER. Point of order is reserved. Without

objection the amendment is considered as read and the gentleman

is recognized for 5 minutes.

[The amendment follows:]

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196

197

Mr. FLAKE. Mr. Chairman, I appreciate this opportunity to discuss this amendment. Chairman Ziglar’s testimony yesterday

touched upon one of the key concerns that I, and I believe many

of my colleagues on this Committee share, and that’s the culture

of carelessness within the INS. Part of the problem is that many

of the mid-level managers, career managers at the INS, have

worked in their current divisions more than 10 years. Many don’t

have experience with other aspects of INS work, they stay and

sometimes retire having spent their whole career in one mid-level

position or in the same division. This is not done at the FBI or the

Bureau of Prisons or the Armed Services. We have the policy there

that individuals transfer around, move, have a more coherent view

of the goal of the agency and what they’re about.

Something needs to be done to create a core of competent midlevel managers that will serve the good of the entire agency or bureau that they work in. I’m afraid that if we reform or abolish the

INS, create separate bureaus, but create and have the same managers staying in their same positions, not move around and not

have a program where they have a better sense of what the entire

bureau or agency is about, that we’ll have the same problem years

from now.

Now, Mr. Chairman, I understand the need for this bill to move

quickly through the process. I have an understanding that we will

have a markup coming up where we might be able to offer amendments such as this or bills such as this. And with that understanding then, I will withdraw this amendment, but I believe it is

important.

Chairman SENSENBRENNER. The amendment is withdrawn. Are

there further amendments?

Ms. LOFGREN. Mr. Chairman, I have an amendment.

Chairman SENSENBRENNER. The gentlewoman from California,

Ms. Lofgren.

Ms. LOFGREN. I have an amendment at the desk.

Chairman SENSENBRENNER. The clerk will report the amendment.

Ms. LOFGREN. Number 069.

Chairman SENSENBRENNER. Number 069.

The CLERK. Amendment offered by Ms. Lofgren.

Mr. WATT. Point of order.

Chairman SENSENBRENNER. Point of order is reserved. Without

objection the amendment is considered as read, and the gentlewoman is recognized for 5 minutes.

[The amendment follows:]

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200

201

202

Ms. LOFGREN. Thank you, Mr. Chairman.

As I mentioned yesterday, I think that while there are a few

items in the legislation before us that are meritorious, most particularly I appreciate the efforts made to include the technology

language that was in a bill I introduced a couple of years ago, as

well as the children’s services efforts are a huge improvement over

our current situation, I think in large measure, the legislation

misses the grit of what’s problematic in the agency, and that is the

203

need to hold management accountable, and in fact, replace large

sections of the management of the agency.

This amendment would grant the Attorney General the authority

to remove employees of the INS, the Office of the Associate Attorney General, the Bureau of Citizenship, to remove Senior Executive

Service employees and those with significant supervisory or managerial responsibilities, and it would provide an 18-month period

where management could be cleaned out. I really do think that if

you take a look at the problems in this agency—and Mr. Flake’s

amendment I think attempted to address the same thing—— Chairman SENSENBRENNER. Would the gentlewoman yield?

Ms. LOFGREN. I would like to yield. Before I do, I would like to

note the effort of Mr. Cannon in working on this amendment, and

I would yield to the Chairman.

Chairman SENSENBRENNER. I thank you for yielding. I appreciate

the effort that the gentlewoman from California has put in on this,

and if I had my druthers and this would not trigger a sequential

referral to the Government Reform Committee, I would enthusiastically support this amendment because I think that it is needed and it is necessary, you know, given the managerial problems

that both Commissioner Ziglar and his predecessor, Commissioner

Meissner noted. However, it will trigger a sequential referral and

if and when the Government Reform Committee gets around to

dealing with this issue, you know, the clock may very well have

run out in this session of Congress.

I would ask the gentlewoman from California to withdraw this

amendment with the following understanding, that we work with

the Government Reform Committee between now and the floor to

see if we can work something out where they would agree to have

the Rules Committee make this amendment an order, either in the

form that it has been drafted by the gentlewoman from California

or in some other form that is mutually acceptable to us and the

Government Reform Committee.

If we cannot work this out, then I am all for introducing this as

separate legislation together with other personnel questions, and I

imagine that there will be a joint referral. And I can give the gentlewoman from California that there will be an extremely expeditious markup on this as a way of pressuring the Government Reform Committee to deal with this issue, but I don’t want this issue

to slow down the reorganization of INS, which I think we all agree

is necessary,

And if they want to be with the program, we can put it in the

bill when it gets to the floor. If they don’t want to be with the program, then we’ll turn up the heat on them to try to get this passed

separately.

Ms. LOFGREN. Reclaiming my time, if I might inquire of the

Chairman, would it be your intention to structure this and other

measures that might be worthwhile in the form of a manager’s

amendment for the floor?

Chairman SENSENBRENNER. The answer to that question is very

clearly yes. But again, we’re going to need Government Reform

sign-off. We’ve got it all drafted. They know it’s out there, and

we’re going to have the staff work with Government Reform, and

I’ll talk to the Chairman about this, to try to get this done between

now and the time this bill goes to the floor.

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Ms. LOFGREN. Before asking to withdraw the amendment, might

I yield time to the gentleman from Utah?

Mr. CANNON. I thank the gentlelady.

Mr. Chairman, I’d ask unanimous consent to submit a statement

for the record.

Chairman SENSENBRENNER. Without objection.

[The prepared statement of Mr. Cannon follows:]

PREPARED STATEMENT OF THE HONORABLE CHRIS CANNON, A REPRESENTATIVE IN

CONGRESS FROM THE STATE OF UTAH

Mr. Chairman,

I have an Amendment with Congresswoman Lofgren at the desk designated #1.

Mr. Chairman, I was planning on offering this amendment today to increase the

ability of the new head of the restructured agency to remove personnel in supervisory positions and restore some accountability.

However, because of concerns about the Committee’s exclusive jurisdiction and

germaneness at this time, I am planning on withdrawing this amendment.

But first let me speak to the importance of providing increased personnel flexibility and removal authority to whoever is in charge of a restructured immigration

agency. I care passionately about this, and I know a number of my colleagues do

as well.

There are many good ideas and changes in this restructuring bill before us today,

but re-arranging the organizational chart and giving someone the title of Association Attorney General for Immigration Affairs (AAGIA) alone does not give them the

clout to effect the changes we are seeking.

Commissioner Ziglar testified before us about the importance of changing not just

the structures but the culture of this bureaucracy and that all comes down to accountability and effective management.

If we do not provide better tools to deal with the personnel issues, the new head

of this agency will be hamstrung in the same way Commissioner Ziglar is today.

Indeed the problem could get worse under the new structure without increased

personnel authority because under this bill we are transferring the authority and

functions of the current commissioner directly to the two directors over services and

enforcement. This could result in situations where the Attorney General has no authority to control agencies and bureaus which he supervises. It would be better if

these functions were delegated to the two Directors ‘‘subject to the authority and

control of the Attorney General and the AAGIA.’’ [Sec. 4(b) and 6(b)].

Moreover, I am concerned that the description of the AAGIA’s functions in the

amendment in the nature of a substitute is ‘‘overseeing the work of, and supervising’’

the Directors of the service and enforcement bureaus, and with ‘‘coordinating the

administration of national immigration policy.’’ This language does not necessarily

create a position with the authority to set immigration policy and direct its implementation by the separate bureaus. These powers should be described in strong language that makes it clear that the AAGIA will be ‘‘directly responsible for the administration of immigration affairs and for the development and implementation

policy under the immigration laws of the United States.’’ [Sec. 2(c)]

But if we are not willing to do that, we at least need to adopt other tools to allow

more effective manage. I fear that all of the organizational changes will be for

naught if the same people take different titles and different desks with the same

level of accountability.

Our amendment would:

1. Grant the Attorney General the authority to remove employees of the INS,

Office of the Associate Attorney General, Bureau of Citizenship and Immigration and Bureau of Immigration Enforcement in thea. Senior Executive Service, and

b. Those with significant supervisory or managerial responsibilities.

2. This authority would be provided initially for an 18 month temporary period

for the purpose of seeing whether this flexibility and accountability actually

increases the management effectiveness of the agency. The authority does

not become effective until the Attorney General submits a plan to Congress

within six months that details how he will implement this plan and the AG

must also provide notice to covered employees.

I want to note that the amendment does not waive anti-discrimination requirements of current law or the rights of employees who allege discrimination in a disVerDate 11-MAY-2000 20:58 Apr 19, 2002 Jkt 099006 PO 00000 Frm 00204 Fmt 6659 Sfmt 6621 E:\HR\OC\HR413.XXX pfrm01 PsN: HR413
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ciplinary action, but it does provide much greater flexibility to terminate or otherwise remove supervisory employees for cause.

Unfortunately our Committee does not have exclusive jurisdiction over federal

personnel matters. So I will withdraw this amendment,

I appreciate that the Chairman has agreed to work with me, Congresswoman

Lofgren, the Government Reform Committee, and other interested Members of the

Committee to do something about this very important issue before this bill comes

to the floor. I thank him for his favorable comments and willingness to continue

working on this issue and the other amendments we are offering and withdrawing

today in anticipation of floor action.

I thank the Chair and I yield back the balance of my time.

Mr. CANNON. And let me just thank the gentlewoman for her

work on this issue. It’s very, very important, and further, let me

state I appreciate your approach to dealing with this issue and

really giving authority to the agency in some form at some time,

so that they can actually perform the functions without the obstructionism of entrenched bureaucrats.

I thank you and I yield back.

Ms. LOFGREN. Thank you.

Mr. Chairman, I would ask unanimous consent to withdrawn the

amendment.

Chairman SENSENBRENNER. The amendment is withdrawn.

Are there further amendments?

Mr. BARR. Mr. Chairman?

Chairman SENSENBRENNER. The gentleman from Georgia, Mr.

Barr.

Mr. BARR. I have an amendment at the desk.

Chairman SENSENBRENNER. The clerk will report the amendment.

Mr. BARR. I ask unanimous consent that the amendment be considered as read.

Chairman SENSENBRENNER. Now, let’s look at it first.

Mr. CONYERS. Mr. Chairman, reserve a point of order.

Chairman SENSENBRENNER. The clerk will report the amendment.

The CLERK. Amendment to the Amendment in the Nature of a

Substitute to H.R. 3231 offered by Mr. Barr of Georgia.

Chairman SENSENBRENNER. Point of order is reserved by the

gentleman from Michigan. Without objection, the amendment is

considered as read, and the gentleman from Georgia is recognized

for 5 minutes.

[The amendment follows:]

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Mr. BARR. Thank you, Mr. Chairman.

Mr. Chairman, this amendment would reflect a change that

would take us back to the provision in the original bill. It would

transfer the functions of the Office of Special Counsel for Immigration-related Unfair Employment Practices into the new INS structure, taking it out of the general structure of the Department of

Justice.

Mr. Chairman, the Chairman of the Immigration Subcommittee,

the gentleman from the Commonwealth of Pennsylvania, held a

hearing recently at my request to inquire into problems that had

developed with regard both to the statute underlying the responsibilities and jurisdiction of the Special Counsel for Immigration-related Unfair Employment Practices, as well as inconsistent and arbitrary policy implementation of those responsibilities.

On the one hand the law makes it a crime for an employer to

hire a new employee who is not legally in this country and properly

authorized to obtain employment. Yet on the other hand, the law,

such as enforced by the Special Counsel here, makes it impossible

in many instances from a practical standpoint for the employer to

ask certain questions or to take reasonable steps to determine

whether or not the potential employee is in fact illegal in the country. And it’s that whipsawing of the employers that leads to inconsistent application of the law and very serious problems for some

employers.

For example, we determined at this hearing that even the Department of Justice does not believe that one particular provision

of this law that establishes a Special Counsel, which requires the

employer, it actually mandates that the employer must accept as

proof of a person being legal in this country and able to seek employment, an expired passport. We asked the witness from the Department of Justice to try and explain that. He could not do it or

defend it with a straight face. There are very serious problems with

this law, and in particular its application. I do believe that this

amendment is worthwhile.

However, due to the fact that in an effort to obtain a compromised piece of legislation that we can get through this Committee and get to the floor expeditiously, which I do believe is in

the best interest of our Nation, I will withdraw the amendment at

this point, but would urge all Members of the Committee to study

this issue because it is something that I intend to bring back up

because we really should not be putting our employers in the situation of making them liable for hiring illegals, but then making it

impossible for them to reasonably determine whether or not those

persons are illegal. Putting our employers in this impossible situation leads to lack of credibility in the law and the enforcement

thereof. It creates very serious problems for employers and potential employees as well, and I do think that we need to address this

expeditiously, but at this point I do withdraw the amendment.

Chairman SENSENBRENNER. The amendment is withdrawn.

Are there further amendments?

Ms. LOFGREN. Mr. Chairman?

Chairman SENSENBRENNER. The gentlewoman from California.

For what purpose do you seek recognition?

Ms. LOFGREN. I have an amendment at the desk, Number 070.

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Chairman SENSENBRENNER. The clerk will report the amendment.

Mr. GEKAS. Point of order.

Chairman SENSENBRENNER. Point of order is reserved by the

gentleman from Pennsylvania.

The CLERK. I have 3 amendments.

Ms. LOFGREN. It’s 070.

The CLERK. Amendment offered by Ms. Lofgren to the Amendment in the Nature of a Substitute to H.R. 3231.

At the appropriate place in the bill, insert the following and redesignate provisions and conform——

Ms. LOFGREN. I ask unanimous consent that the amendment be

considered as read.

Chairman SENSENBRENNER. Without objection, so ordered, and

the gentlewoman is recognized for 5 minutes.

[The amendment follows:]

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Ms. LOFGREN. Mr. Chairman, as I indicated in the discussion of

the prior amendment, there is a need to address management deficiencies in this agency. Part of that equation is the need to be able

to efficiently remove managers who are not performing adequately

or whose functions are no longer required as this agency is cleaned

209

up. The other side of the coin is the need to efficiently bring in people to efficiently manage this agency at the management level. And

I am aware, having worked with this agency, as so many of us

have, that there are big holes in the skill sets in some parts of the

management. In particular, there is a dramatic need to upgrade

the management directives in the technology arena. It is very difficult to attract that talent using the civil service system, and in

fact, I think it’s going to be impossible to do so.

What this amendment would do would grant to the Attorney

General the ability to enter into contracts in order to promote efficiency in management. It would allow for a 2-year period contracting either with individuals or with firms to provide for necessary management services, and I think it is essential if we are

going to ask the new Attorney General or if the current proposal

by the Commissioner remains in place and is fully implemented,

the Commissioner have this opportunity.

Chairman SENSENBRENNER. Would the gentlewoman yield?

Ms. LOFGREN. I would. Before I yield, also thank the gentleman

from Utah for his efforts at putting this amendment together.

Chairman SENSENBRENNER. This amendment poses the same

problem as the previous amendment, in that it will trigger a sequential referral to Government Reform, and with the same representations I made with the previous amendment, that we would

try to work something out between now and the floor, I would request that the gentlewoman withdraw this amendment and we will

work on it without delaying the underlying bill.

I’d make a further request, is that the further amendments that

the gentlewoman is proposing have the same problem of the sequential referral, and maybe she’d like to offer those in block.

Ms. LOFGREN. I’ll certainly consider it, but before asking to withdraw this amendment, I would like to yield time to the gentleman

from Utah.

Mr. CANNON. I thank the gentlewoman.

Let me just say I think this—recognizing the problems of jurisdiction and supporting the Chairman in his position on it, let me

just add that I—we’ve done a lot of this kind of thing and a lot of

different countries across the world, and certainly in America. The

problems that the INS have are going to be solved this way, and

somehow we need to see our way clear to have an amendment to

this effect somewhere so that the agency can move quickly to solve

the problems that have accrued over a very long period of time, and

under management that has taken advantage of the technologies

that have been available in other fashions.

So I’d like to thank the gentlelady for offering the amendment

and for her work on the amendment, and just want to point out

how important the amendment is, and with that I yield back.

Ms. JACKSON LEE. Would the gentlelady yield?

Ms. LOFGREN. I would yield.

Ms. JACKSON LEE. I thank the gentlelady as well for the—this

sort of train of thought on the amendments that she’s offered. As

I recall, Commissioner Ziglar made some of these very points as related to the hearing that we had on the snafu of the visas of the

terrorists going to the school after their death and after the tragic

incident of September 11th. What it was is of course the ability to

move people about, to bring in expertise that will be useful.

210

I hope that the Chairman can work with you on this amendment.

I think this is a step in the right direction. It also goes to the point,

very briefly, that we are not precluding the Administration from

making some of the changes they would like to make which include

giving them greater flexibility and the kind of staffing that they

will have.

I yield back to the gentlelady and I think this is an excellent

amendment.

Ms. LOFGREN. Thank you. I ask unanimous consent to withdraw

this amendment.

Chairman SENSENBRENNER. The amendment is withdrawn. Are

there further amendments?

Ms. JACKSON LEE. Mr. Chairman?

Chairman SENSENBRENNER. The gentlewoman from Texas, Ms.

Jackson Lee, for what purpose do you seek recognition?

Ms. JACKSON LEE. I have an amendment at the desk, Number 1.

Chairman SENSENBRENNER. The clerk will report Jackson Lee

Number 1.

The CLERK. Amendment offered by Ms. Jackson Lee to the

Amendment in the Nature of a Substitute to H.R. 3231.

In section 4 of the bill, insert after subsection (k) the following

(and redesignate provisions accordingly).

Ms. JACKSON LEE. Mr. Chairman, I ask that the amendment be

designated as read.

The CLERK. (1) Mission—It shall be the mission——

Chairman SENSENBRENNER. Without objection, the amendment is

considered as read and the gentlewoman is recognized for 5 minutes.

[The amendment follows:]

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Ms. JACKSON LEE. Mr. Chairman, this is a straightforward

amendment, and it is consistent with the constant cry that you get

from the constituents who have to utilize service bureaus and various service bureaus and field bureaus. It simply says that the new

INS should be integrated from top to bottom and bottom to top,

that the mission of the field offices and service centers of the Bureau of Citizenship and Immigration, which is the service arm——

Chairman SENSENBRENNER. Would the gentlewoman yield?

Ms. JACKSON LEE. I’d be happy to yield.

Chairman SENSENBRENNER. I think this is an excellent amendment and I’m prepared to accept it. One of the problems with the

current INS is inconsistent interpretations of the same law and the

same regulations. So there are different strokes for different folks

depending upon what district office you’re dealing with. This is designed to prevent this from happening in the restructured Immigration Affair, something that’s long overdue.

Ms. JACKSON LEE. I thank the Chairman for his kindness. This

is an amendment for consistency of policy and practice.

212

And with that, Mr. Chairman, I yield back, asking my colleagues

to support the amendment.

Chairman SENSENBRENNER. The question is on the adoption of

Jackson Lee Amendment No. 1. Those in favor will say aye.

Opposed no.

The ayes appear to have it. The ayes have it, and the amendment is agreed to.

Are there further amendments?

Ms. LOFGREN. Mr. Chairman, I have one more amendment.

Chairman SENSENBRENNER. The gentlewoman from California.

Ms. LOFGREN. It’s 071.

Chairman SENSENBRENNER. The clerk will report Lofgren 071.

The CLERK. Amendment offered by Ms. Lofgren and Mr. Cannon

to the Amendment in the Nature of a Substitute to H.R. 3231.

At the appropriate place in the bill insert the following (and redesignate provisions and conform the table of contents accordingly).

Chairman SENSENBRENNER. Without objection the amendment is

considered as read.

Mr. GEKAS. Mr. Chairman, I reserve a point of order.

Chairman SENSENBRENNER. The gentleman from Pennsylvania

reserves a point of order. And the gentlewoman from California is

recognized for 5 minutes.

[The amendment follows:]

213

214

Ms. LOFGREN. Mr. Chairman, this amendment likely will fall into

the category of the prior two amendments, but I do want to discuss

it and get it in that mix. Currently, Federal law makes contracting

quite a burdensome and bulky process. And what this amendment

would do would allow the Attorney General to enter into contracts

with private sector firms to develop and implement an overall technology solution to the INS current problems. It would allow—give

the INS the ability to update technology and data-based systems,

allowing information sharing with other public agencies. It provides for advertising and allowing the AG to have private sector

firms come in and to use a nonspecific nontechnical term, case the

joint, and see what’s necessary. I know that there are dozens of

firms in Silicon Valley who are prepared to do this, but the current

structure really prevents it from occurring.

This would allow this increased flexibility for 9 months, so that

as we restructure internally the functions within this agency, it can

be done with technology in mind.

Chairman SENSENBRENNER. Would the gentlewoman yield?

215

Ms. LOFGREN. I would be happy to yield.

Chairman SENSENBRENNER. Again, contracting requires a sequential referral to Government Reform. Idea number three is just

as good as ideas number one and two, and I will incorporate by reference my comments on one and two and try to work it out between now and the floor.

Ms. LOFGREN. Before asking unanimous consent to withdraw this

amendment, I would like to thank Mr. Cannon for his efforts on

this and yield time to Mr. Cannon.

Mr. CANNON. Thank you again. I appreciate the gentlewoman’s

hard work on this. These three amendments, I think, are very, very

important. We have talked about them and worked on them, and

I think all three of them are critical to the real effective running

of the agency.

And with that, I yield back.

Ms. LOFGREN. Mr. Chairman, I was going to prepare another

amendment that would also fall in the category of a sequential referral item. Rather than do that and take the Committee’s time to

bring up still another amendment, I would hope that as we put together a measure for a manager’s amendment that we would also

include pay parity for Border Patrol and inspectors so that we will

not have the turnover rate that we are experiencing on the law enforcement side.

Chairman SENSENBRENNER. Will the gentlewoman yield further

on that?

Ms. LOFGREN. Yes, I will.

Chairman SENSENBRENNER. I support that idea as well, and you

may recall that we took a big step in that direction with the visa

and border security bill that the House has passed twice, once with

and once without 245(i) in it, and which is stuck in a hold in the

Senate. Hopefully, the Senators will be able to figure out a way to

change Mr. Byrd’s mind and we can get that to the President even

before we pass this in the House.

Ms. LOFGREN. Thank you, Mr. Chairman. With your comments

on this technology amendment as well as the pay parity issue——

Ms. JACKSON LEE. Would the gentlelady yield?

Ms. LOFGREN. I would yield to the lady from Texas.

Ms. JACKSON LEE. I just want to—the technology issue, to the

gentlelady from California, is such a key element. You had mentioned a recent visit to the border. One of the issues that was discussed in dealing with homeland security was, in fact, technology

utilization by the INS at both of our borders, basically in the INS.

I think it is excellent.

I hope we can also go unanimously on record, this entire Committee, of our support for border pay parity. That is something that

many of us have had legislative initiatives on, but I think if we

could come out on this Committee with a unanimous push that we

would manage to get them not only parity but also professional development training as well.

I thank the gentlelady for the effort. I yield back to her.

Ms. LOFGREN. Mr. Chairman, I ask unanimous consent to withdraw the amendment.

Chairman SENSENBRENNER. The amendment is withdrawn.

Are there further amendments?

Ms. JACKSON LEE. I have an amendment at the desk.

216

Mr. ISSA. Mr. Chairman?

Chairman SENSENBRENNER. The gentleman from California, Mr.

Issa.

Mr. ISSA. Thank you, Mr. Chairman. This is my amendment 4.

Chairman SENSENBRENNER. The clerk will report Issa number 4.

The CLERK. Amendment offered by Mr. Issa to the amendment

in the nature of a substitute to H.R. 3231——

Chairman SENSENBRENNER. The gentleman reserves a point of

order on the amendment.

Without objection, the amendment is considered as read, and the

gentleman from California is recognized for 5 minutes.

Mr. ISSA. Mr. Chairman, I offer this amendment because in looking at the restructuring, I felt that there was an absence of what

I would consider to be corporate transparency.

In my years in the private sector, what I discovered is that if the

financially accounting and responsible people, the people responsible for your budget, your profits, your losses in the private sector—obviously, in this case just expenditures—have to report to

somebody else, what you end up with is you end up with somebody

telling you their interpretation of two distinctly different organizations.

If we are to create two organizations that we fund separately and

that we make them accountable for the good and proper use of the

monies that the Government authorizes and appropriates, then I

believe very strongly that we need to have a CFO in each camp,

and that a CFO in each camp reporting then not to a financial adviser but to someone who reports here to Congress, appears to be

the appropriate way to have it.

And that is the reason that I offer this amendment. I believe that

CBOs reporting to a CFO opens the possibility for a CFO to be ombudsman for a continuation of the movement of cash and resources

between two agencies, where we have chosen to end that practice.

That is the reason I offer it, and I believe—I encourage everyone

here to support this amendment.

Thank you.

[The amendment follows:]

217

218

Mr. CONYERS. Mr. Chairman?

219

Chairman SENSENBRENNER. The gentlemen from Michigan.

Mr. CONYERS. Mr. Chairman, this is—now, here is the amendment that will gut the whole bill and everything that we are trying

to do in a bipartisan fashion. I can’t figure out this morning whether the gentleman is aware of it or not, but it doesn’t make any difference.

Once you take the financial adviser out of this deal, we are done

for, and I think it is very regrettable that at this stage of the hearing the gentlemen from California would try something like this.

I think that—— Mr. ISSA. Would the gentleman yield?

Mr. CONYERS. No.

I think we have got to turn this thing down right now or we have

just blown the agreement that we have worked for weeks and

weeks and weeks on.

Ms. JACKSON LEE. Would the gentleman yield?

Mr. CONYERS. Yes.

Ms. JACKSON LEE. Mr. Conyers, just for edification, one of the

issues that those who applaud the INS—there may be a few—and

those who oppose it is the whole idea of funding and the independent financial position in the INS, meaning the limit of such.

This is a key element to answering the concerns of ordering their

dollars and directing their dollars, and I do agree with you and I

hope that we will have the opportunity to answer the gentleman’s

question from California, but not pass this amendment.

Mr. COBLE. Mr. Chairman?

Chairman SENSENBRENNER. The time belongs to the gentleman

from Michigan.

Mr. CONYERS. I return my time.

Chairman SENSENBRENNER. I move to strike the last word.

I am strongly opposed to this amendment and I would ask all of

the Members of the Committee to vote it down. This is bill is a result of delicate negotiations and one of the things that the people

who did the negotiating on a bipartisan way attempted to do was

to establish vertical lines of authority so that there would be accountability in both of the new bureaus in the INS and the buck

will stop at the top.

Now, the amendment of the gentleman from California diffuses

the responsibility and once we start diffusing the responsibility,

then, you know, we end up creating two bureaucracies that won’t

have accountability to replace one bureaucracy that doesn’t have

accountability.

And my hope is that Members on both sides of the aisle would

end up voting this amendment down because we do not need another cook to spoil the broth, called a chief financial officer.

Mr. ISSA. Would the gentleman yield?

Chairman SENSENBRENNER. I yield to the gentleman from California.

Mr. ISSA. Thank you, Mr. Chairman. It is with regret that I will

withdraw this amendment. I have to be honest. I disagree with the

Ranking Member and the chairman on the effects of this. However,

since I was not part of the negotiations and was not aware of the

delicateness of those negotiations, then I think it appropriate to

leave the status quo, and with that I withdraw the amendment.

Chairman SENSENBRENNER. The amendment is withdrawn.

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Are there further amendments?

Ms. JACKSON LEE. I have an amendment at the desk.

Chairman SENSENBRENNER. The clerk will report the amendment.

Ms. JACKSON LEE. I think this is amendment number 2.

Mr. GEKAS. I reserve a point of order, Mr. Chairman.

The CLERK. Amendment offered by Ms. Jackson Lee, of Texas, to

the amendment in the nature of a substitute——

Chairman SENSENBRENNER. A point of order is reserved by the

gentleman from Pennsylvania.

Without objection, the amendment is considered as read and the

gentlewoman from Texas is recognized for 5 minutes.

Ms. JACKSON LEE. Yes, Mr. Chairman. This amendment has

been conformed to follow the trend that was voted on by this Committee just a while back with respect to a report, but let me offer

to my colleagues the intent of this amendment.

We heard testimony yesterday by Professor Martin, I believe,

and the Commissioner about what we call emergent needs for the

INS, when all of a sudden the application surge comes forward and

there is no way to respond to it.

Chairman SENSENBRENNER. Will the gentlewoman yield?

Ms. JACKSON LEE. I will be happy to yield.

Chairman SENSENBRENNER. I am prepared to accept this amendment. And, you know, as we know, there will be proposals coming

in the future to change the Immigration and Nationality Act——

Ms. JACKSON LEE. Right.

Chairman SENSENBRENNER.—and to require the Attorney General to submit this report to Congress. We will make sure that if

we get rid of a 5-million-case backlog we don’t end up creating a

new 5-million-case backlog, should Congress decide to change the

Immigration and Nationality Act. So I accept the amendment.

Ms. JACKSON LEE. I thank the chairman. I ask my colleagues to

support it. It is to be able to respond to the needs, emerging needs,

of the INS. It is a study.

Thank you.

[The amendment follows:]

221

Chairman SENSENBRENNER. Does the gentlewoman yield back

the balance of her time?

Ms. JACKSON LEE. I would be happy to yield back my time, Mr.

Chairman.

Chairman SENSENBRENNER. The question is on the——

Mr. WATT. Mr. Chairman?

Chairman SENSENBRENNER. The gentleman from North Carolina.

Mr. WATT. Mr. Chairman, I move to strike the last word.

Chairman SENSENBRENNER. The gentleman is recognized for 5

minutes.

Mr. WATT. Thank you, Mr. Chairman. I will be brief. I have not

offered any amendments and do not intend to. I appreciate the several people who approached me after yesterday’s hearing to see

222

whether there were amendments that I might be interested in offering that would garner my support for this bill, and it seemed to

me better not to offer any amendments and not to prolong the process, but I did want to say a couple of words before we move to final

passage.

I have some serious reservations about the direction of this bill.

At worst, I think it will make a terrible situation even more terrible and be counterproductive. I do not think that putting the Bureau of Citizenship and Immigration Services in the Attorney General’s office sends the kind of message that we should be sending.

I don’t think it is a law enforcement function. I don’t think it is

naturally related to the functions of the Attorney General. Perhaps

the Enforcement Section would appropriately be there, but I think

dividing these services into two separate agencies really has the potential to make matters worse and reduce even the minimal level

of coordination that exists already and make it more difficult for

everybody to get to records and to do the work that the INS should

be doing.

I didn’t want to prolong this. I just wanted to say that there are

people—that it is—I guess I applaud the efforts of those people who

have been trying to negotiate a deal and to improve the services

of the INS. I am just not convinced that this is going to do it, and

I think there are a lot of people who will then go out and say that

we did something magnificent today that really is not nearly as

magnificent as we could have done if we had tried to deal with

some of the substantive issues in the INS.

So it is my intention—I won’t ask for a recorded vote, but I did

want to note for the record that my voice vote, if we don’t have a

recorded vote, will be against this bill. And I just think the public

needs to know that despite the fact that a deal has been made and

despite the fact that we have put Barbara Jordan’s name on this

bill there are still some people here who do not think this is a good

idea, and I happen to be one of them.

I yield to the gentlelady from California.

Ms. LOFGREN. Thank you, Mr. Watt. I just wanted to take a

minute to concur in some of your comments.

I do not doubt at all the sincerity of the chairman and the Ranking Member, their intentions. I just think that the product before

us is likely to make matters worse instead of better. I have grave

concerns about the lack of line authority on the part of the new Associate Attorney General. I am also concerned about the codification of the fiefdoms out in the field.

I worry also that the resource allocation will be inadequate on

the benefits side, and I—you know, I know that a lot of hard work

was put into this by many Members and I respect that as well. I

just feel that diverting attention from what the Commissioner is attempting to do with the restructuring plan that he put before us

in November is a mistake and likely to make matters worse.

I would note we have all been frustrated with the INS.

Chairman SENSENBRENNER. The time of the gentleman from—— Ms. LOFGREN. I ask unanimous consent for an additional minute.

Chairman SENSENBRENNER. Without objection.

Ms. LOFGREN. We have all been frustrated with the INS. I have

been a harsh critic of the INS, but very—the Commissioner had

been on the job 36 days prior to September 11, and I think he deVerDate 11-MAY-2000 20:58 Apr 19, 2002 Jkt 099006 PO 00000 Frm 00222 Fmt 6659 Sfmt 6601 E:\HR\OC\HR413.XXX pfrm01 PsN: HR413
223

serves a chance to manage this agency and restructure it. And if

he can’t do it, he ought to be replaced with someone who can. We

ought to give him the tools, tell him to get the job done, and I think

that would be preferable to the bill before us.

I yield back the balance of my time.

Chairman SENSENBRENNER. The time of the gentleman has expired.

Are there further amendments?

Ms. JACKSON LEE. Mr. Chairman?

Mr. BARR. Mr. Chairman?

Chairman SENSENBRENNER. The gentleman from Georgia.

Mr. BARR. Thank you. I have an amendment at the desk, number

2.

Chairman SENSENBRENNER. The clerk will report the amendment.

The CLERK. Amendment offered by Mr. Barr to the amendment

in the nature of a substitute——

[The amendment follows:]

Chairman SENSENBRENNER. A point of order is reserved by the

gentleman from Michigan.

Without objection, the amendment is considered as read and the

gentleman from Georgia is recognized for 5 minutes.

Mr. BARR. I appreciate the chairman and again appreciate this

very carefully crafted and extremely important bill which will provide a framework for a properly functioning immigration system in

this country, and to which we will in the near future insert various

substantive changes to immigration statuses, immigration law, and

so forth.

One of those that I do think we ought to take up—and I will not

press the point or this amendment at this point, Mr. Chairman, in

recognition of the work that you and other Members on both sides

have done to craft a bill that reflects a serious effort to compromise

and make sure that we get something good through here.

But I do think it is important for us down the road not to overlook the fact that when powers are and will be transferred to the

Director of the Bureau of Citizenship and Immigration Services,

such as administrative review, adjudication, and approval of nonimmigrant and immigrant visa petitions that approval must require—before the Director of the Bureau of Citizenship and ImmiVerDate 11-MAY-2000 20:58 Apr 19, 2002 Jkt 099006 PO 00000 Frm 00223 Fmt 6659 Sfmt 6601 E:\HR\OC\HR413.XXX pfrm01 PsN: HR413
224

gration Services approves, it shall require prior confirmation from

the Director of Immigration Enforcement based on records controlled by the Bureau of Immigration Enforcement to ensure that

the right hand knows what the left is doing.

I think as the chairman has indicated, it is important that we

split this agency up so that its functions and goals are clear, its vision is clear, and we have clear lines of authority. But with regard

to approval of non-immigrant and immigrant visa petitions, I think

it is absolutely essential that the Director of Immigration Enforcement have the ability to review those before the Director of the Bureau of Citizenship and Immigration Services moves forward with

an approval of a visa petition.

The events and aftermath of the events of September 11th have

made painfully clear to all of us what happens when the right hand

does not know what the left is doing. So I would urge, as we pass

this important bill today and within a number of days on the floor

and then we look down the road to sort of filling in all of the

clauses and the specifics within this framework that we are going

to enact that we look at language like this which I intend to propose later on because I think it is essential, Mr. Chairman, that

we do this to avoid the catastrophic problems that we have seen

in recent years with the right hand not knowing what the left hand

is doing.

At this time, I withdraw the amendment.

Chairman SENSENBRENNER. The amendment is withdrawn.

Are there further amendments?

If there are no further—— Ms. JACKSON LEE. Mr. Chairman?

Chairman SENSENBRENNER. For what purpose does the gentlewoman from Texas seek recognition?

Ms. JACKSON LEE. Report language, Mr. Chairman. How do you

want to—I have report language. It is not an amendment.

Chairman SENSENBRENNER. That will be covered with the 2 days

that everybody has, and my intent is to work on a bipartisan report

and that is where you can get your input.

Are there further——

Ms. JACKSON LEE. Is there an ability for me to read this language and ask for it to be submitted in the report language, at

least make note of the fact that what it has to do—— Chairman SENSENBRENNER. We have never voted on report language in the Judiciary Committee. You know, that is passed

around amongst the Members and those that think there is an

omission have got, you know, the prerogative of filing additional

views.

Ms. JACKSON LEE. All right, Mr. Chairman, then I will engage

in the staff and look for this language to be put into the report.

Chairman SENSENBRENNER. Are there further amendments?

Mr. SCOTT. Mr. Chairman?

Chairman SENSENBRENNER. The gentleman from Virginia.

Mr. SCOTT. I move to strike the last word.

Chairman SENSENBRENNER. The gentleman is recognized for 5

minutes.

Mr. SCOTT. Mr. Chairman, first, I would like to ask unanimous

consent to introduce into the record a letter from the Leadership

Conference on Civil Rights which points out that we did not go far

225

enough in the bill, in that we did not deal with fundamental fairness for legal permanent residents——

Chairman SENSENBRENNER. Without objection.

Mr. SCOTT.—protection of unaccompanied children, and preserving commitment to refugees.

Chairman SENSENBRENNER. Without objection, the letter is included in the record.

[The material referred to follows:]

226

Mr. SCOTT. I also wanted to point out that yesterday I asked the

Administration official if there was an Administration position on

the bill and he said no, that they would have no amendments, that

they would not participate in the process. The Administration will

be the ones implementing the legislation, and it seems to me that

it would have been more helpful if they had offered constructive

input in the process.

The reorganization, as the gentleman from Georgia indicated, is

just a framework and it does not improve the situation; it just

makes it possible for the situation to improve. So I was disappointed that—I was disappointed that they did not have the

input because reorganization in and of itself cannot possibly cure

the problem, and I was disappointed with the lack of interest on

the part of the Administration.

Mr. FRANK. Would the gentleman yield?

Ms. JACKSON LEE. Would the gentleman yield?

227

Mr. SCOTT. I yield to the gentleman from Massachusetts.

Mr. FRANK. Well, first, I do have to note I cannot remember too

many previous occasions when my colleague has lamented the absence of this Justice Department’s input from our proceedings. It

may not happen again, but I think he makes a valid point in this

particular case.

As to the other point that he made regarding that letter from the

organizations, I was pleased to hear the chairman when we were

talking about the amendment from the gentleman from Texas allude to the fact that further substantive legislative activity is contemplated because I agree.

I think what happened a few years ago was that, probably because of frustration at the laxity of enforcement that was a result

of disorganization and underfunding and structural incoherence in

the Immigration Service, we enacted some legislation to toughen

up almost as a substitute for rational enforcement.

Having established, as I hope we will in this bill, a better framework for enforcement, I think it is logical for us also then to deal

with some of the substantive issues to deal with them. And the

chairman has already alluded to that in his reference to the gentlewoman from Texas’ amendment, and so I want to say that I am

hopeful that we will then proceed to deal with some of the issues

that the letter mentions because obviously that is an important

part of our job.

I thank the gentleman.

Ms. JACKSON LEE. Would the gentleman yield?

Mr. SCOTT. Reclaiming my time, I would like to respond that an

invitation to input does not mean that I would necessarily agree

with that input. But this has been dealt with on a bipartisan basis

and I think there could have been a lot of constructive purpose to

be served.

I will yield to the gentlelady from—— Ms. JACKSON LEE. I thank the gentleman from Virginia. I would

like to comment on his insightful analysis of the Administration’s

posture. I would only hope that the Administration, in listening to

this process, would determine the sincerity of this Committee to

make something happen and to make it work. I would hope that

the Administration has heard your words and will go back and

seek to integrate in the framework that we are now looking at their

need for changes and begin to change the system.

One witness said yesterday this can work if there is a commitment of the mission from the top to the bottom. And as it relates

to Barbara Jordan, I think clearly if we have done anything, we

have committed to making changes, and we have committed to

making those changes stick, and that is what Barbara Jordan was

about in her addressing this whole question of immigration reform.

So I thank the gentleman for his insight, but I hope that today

we have sent a strong message, or will send a strong message to

the Administration for them to get involved on this issue.

I yield back to the gentleman.

Mr. SCOTT. Reclaiming my time, I yield back.

Chairman SENSENBRENNER. Okay, thank you.

I am told in order to make the record complete that there never

was a vote on Jackson Lee amendment number 2.

All those in favor of this amendment, say aye.

228

Opposed, no.

The ayes appear to have it, the ayes have it, and Jackson Lee

amendment number 2 is agreed to.

Ms. JACKSON LEE. Thank you, Mr. Chairman.

Chairman SENSENBRENNER. Are there any further amendments?

If there are not further amendments, the question is on the

amendment in the nature of a substitute, as amended. Those in

favor will signify by saying aye.

Opposed, no.

Mr. WATT. No.

Chairman SENSENBRENNER. The ayes appear to have it, the ayes

have it, and the amendment in the nature of a substitute, as

amended, is agreed to.

The Chair notes the presence of a reporting quorum. The question now occurs on the motion to report the bill H.R. 3231 favorably, as amended.

All in favor will say aye.

Opposed, no.

Mr. WATT. No.

Ms. LOFGREN. No.

Chairman SENSENBRENNER. The ayes appear to have it, the ayes

have it.

Does anybody want to ask for a rollcall?

Ms. LOFGREN. I would just like to note that I have voted no, Mr.

Chairman.

Chairman SENSENBRENNER. Okay. The gentleman—— Mr. WATT. I would like for it to be noted that I voted no. I don’t

want a rollcall.

Chairman SENSENBRENNER. The gentleman from Wisconsin, Mr.

Green, asks for a rollcall. Those in favor of reporting the bill favorably will, as your names are called answer aye, those opposed, no,

and the clerk will call the roll.

The CLERK. Mr. Hyde?

[No response.]

The CLERK. Mr. Gekas?

Mr. GEKAS. Aye.

The CLERK. Mr. Gekas, aye. Mr. Coble?

Mr. COBLE. Aye.

The CLERK. Mr. Coble, aye. Mr. Smith?

Mr. SMITH OF TEXAS. Aye.

The CLERK. Mr. Smith, aye. Mr. Gallegly?

Mr. GALLEGLY. Aye.

The CLERK. Mr. Gallegly, aye. Mr. Goodlatte?

Mr. GOODLATTE. Aye.

The CLERK. Mr. Goodlatte, aye. Mr. Bryant?

[No response.]

The CLERK. Mr. Chabot?

[No response.]

The CLERK. Mr. Barr?

Mr. BARR. Aye.

The CLERK. Mr. Barr, aye. Mr. Jenkins?

Mr. JENKINS. Aye.

The CLERK. Mr. Jenkins, aye. Mr. Cannon?

Mr. CANNON. Aye.

The CLERK. Mr. Cannon, aye. Mr. Graham?

229

Mr. GRAHAM. Aye.

The CLERK. Mr. Graham, aye. Mr. Bachus?

Mr. BACHUS. Aye.

The CLERK. Mr. Bachus, aye. Mr. Hostetler?

Mr. HOSTETLER. Aye.

The CLERK. Mr. Hostetler, aye. Mr. Green?

Mr. GREEN. Aye.

The CLERK. Mr. Green, aye. Mr. Keller?

Mr. KELLER. Aye.

The CLERK. Mr. Keller, aye. Mr. Issa?

Mr. ISSA. Aye.

The CLERK. Mr. Issa, aye. Ms. Hart?

Ms. HART. Aye.

The CLERK. Ms. Hart, aye. Mr. Flake?

Mr. FLAKE. Aye.

The CLERK. Mr. Flake, aye.

Mr. Pence?

Mr. PENCE. Aye.

The CLERK. Mr. Pence, aye. Mr. Conyers?

Mr. CONYERS. Aye.

The CLERK. Mr. Conyers, aye. Mr. Frank?

Mr. FRANK. Aye.

The CLERK. Mr. Frank, aye. Mr. Berman?

Mr. BERMAN. Aye.

The CLERK. Mr. Berman, aye. Mr. Boucher?

[No response.]

The CLERK. Mr. Nadler?

Mr. NADLER. Aye.

The CLERK. Mr. Nadler, aye. Mr. Scott?

Mr. SCOTT. Aye.

The CLERK. Mr. Scott, aye. Mr. Watt?

Mr. WATT. No.

The CLERK. Mr. Watt, no. Ms. Lofgren?

Ms. LOFGREN. No.

The CLERK. Ms. Lofgren, no. Ms. Jackson Lee?

Ms. JACKSON LEE. Aye.

The CLERK. Ms. Jackson Lee, aye. Ms. Waters?

[No response.]

The CLERK. Mr. Meehan?

Mr. MEEHAN. Aye.

The CLERK. Mr. Meehan, aye. Mr. Delahunt?

Mr. DELAHUNT. Aye.

The CLERK. Mr. Delahunt, aye. Mr. Wexler?

Mr. WEXLER. Aye.

The CLERK. Mr. Wexler, aye. Ms. Baldwin?

Ms. BALDWIN. Aye.

The CLERK. Ms. Baldwin, aye.

Mr. Weiner?

Mr. WEINER. Aye.

The CLERK. Mr. Weiner, aye. Mr. Schiff?

[No response.]

The CLERK. Mr. Chairman?

Chairman SENSENBRENNER. Aye.

The CLERK. Mr. Chairman, aye.

230

Chairman SENSENBRENNER. Are there Members in the chamber

who wish to record or to change their votes?

Ms. WATERS. Mr. Chairman, how am I recorded?

Chairman SENSENBRENNER. The gentleman from Tennessee, Mr.

Bryant.

Mr. BRYANT. Aye.

The CLERK. Mr. Bryant, aye.

Chairman SENSENBRENNER. The gentleman from Ohio, Mr.

Chabot.

Mr. CHABOT. Aye.

The CLERK. Mr. Chabot, aye.

Chairman SENSENBRENNER. The gentlewoman from California,

Ms. Waters.

Ms. WATERS. Waters, aye.

The CLERK. Ms. Waters, aye.

Chairman SENSENBRENNER. Other Members who wish to record

or change their votes?

If not, the clerk will report.

The CLERK. Mr. Chairman, there are 32 ayes and 2 nays.

Chairman SENSENBRENNER. And the motion to report favorably

is agreed to. Without objection, the bill will be reported favorably

to the House in the form of a single amendment in the nature of

a substitute incorporating the amendments adopted here today.

Ms. JACKSON LEE. Mr. Chairman?

Chairman SENSENBRENNER. Without objection, the chairman is

authorized to move to go to conference pursuant to House rules.

Without objection——

Ms. JACKSON LEE. Mr. Chairman?

Chairman SENSENBRENNER.—the staff is directed to make any

technical and conforming changes and all Members will be given 2

days, as provided by House rules, in which to submit additional

dissenting, supplemental, or minority views.

Let me express as the chairman of this Committee my thanks to

the cooperation of all of the Members of this Committee in getting

this bill in the form that it is now. I think that this bill will really,

if enacted, provide the machinery and the organizational structure

to cure many, but not all of the problems that the Immigration

Service faces not only in the enforcement area, but also in the area

of providing legal immigrants the services and benefits to which

they are entitled under the law.

Ms. JACKSON LEE. Mr. Chairman?

Chairman SENSENBRENNER. The gentlewoman from Texas, Ms.

Jackson Lee.

Ms. JACKSON LEE. If you would yield, let me add my appreciation

for this process, and as well to the staff. We are about to make a

long journey, but we have made a start and I do want to thank the

Judiciary staff on both sides of the aisle for engaging in long hours

that helped generate, I think, an important compromise and an important step, not for us but for the Nation.

Chairman SENSENBRENNER. And I share that expression of appreciation to the staff.

There being no further business to come before the Committee,

the Committee stands adjourned.

[Whereupon, at 11:37 a.m., the Committee was adjourned.]

(231)

DISSENTING VIEWS

We commend Chairman Sensenbrenner and Ranking Member

Conyers for their willingness to deal with the longstanding problems plaguing the Immigration and Naturalization Service (INS).

While we disagree with the details of their proposal, we believe

that they are sincere in their determination to reform the agency.

We have been critics of the INS for many years. Like most observers, we feel strongly that agency reform is necessary. Most who

have studied the problems in the INS agree on several points.

First, it would be useful to achieve some separation between the

enforcement and services functions in the agency. Second, the

agency has a need to modernize its technology. Finally, improved

performance cannot be accomplished without management accountability.

We voted against reporting H.R. 3231 because we do not believe

the bill, as it currently stands, will substantially reform the agency

by advancing these three goals. In fact, we fear that the bill may

actually aggravate existing problems in immigration enforcement

and services. We could end up with two dysfunctional agencies instead of one.

While it may seem that the arguments about this bill are petty,

the details do matter. The bill creates a figurehead Associate Attorney General, and vests great authority over the essential elements

of immigration and enforcement in two bureaucrats. If we think

things are bad now, this is a recipe to make them worse. So, while

it is abundantly clear that all of the participants in this restructuring process want to create an agency that can function efficiently and effectively, we fear that H.R. 3231 could produce unwelcome results.

Sometimes it is the dissenting view that helps focus on the shortcomings in any given plan. It is our hope that these few comments

will help the Congress remedy the flaws in H.R. 3231 so that much

needed reform moves forward on a consensus basis.

Lack of Authority:

Proponents of H.R. 3231 have advocated the dissolution of the

INS and the creation of two agencies, one for enforcement and one

for services. However, under the Judiciary Committee-reported bill,

the INS would actually spin off into three distinct entities: the Office of the Associate Attorney General for Immigration Affairs

(AAGIA), the Bureau of Citizenship and Immigration Services

(BCIS) and the Bureau of Immigration Enforcement (BIE).

While there is nothing inherently inappropriate with elevating

the title of the head of the immigration agencies to Associate Attorney General, no great benefit derives from this title. The current

INS Commissioner has advised the Committee that he has not suffered from lack of access to the US Attorney General. Furthermore,

232

persons who do not hold the title of Associate Attorney General

head other important functions within the Department of Justice.

One example is the Director of the FBI. Immigration functions are

important, but are they more important than those of the FBI?

While the bill vests the AAGIA with the authority over national

immigration policy, a closer examination of the functions within

the three new agencies shows that the office appears to be without

any real authority over the Directors of BCIS or the BIE. At a time

when our nation’s immigration agency plays a critical part in ensuring our national security, we are concerned about the lack of actual authority of the head of the new immigration affairs agency

to set the immigration agenda and enforce our immigration laws.

Further, H.R. 3231 establishes criteria for the hiring of the heads

of the new enforcement and services agency. In the case of the

services agency, these requirements ensure that only a bureaucrat

of long standing could be appointed to the position. Arguably, this

could mean that someone who has been part of the problem at the

agency will become the leader of the new agency. While experience

is certainly valuable, the most valuable experience is often measured in management successes and not simply in the number of

years served in a government agency. We think it is an error to

preclude the possibility of selecting new energy and vision from the

private sector to lead the agency to new levels of performance.

After all, a customer can track a package on-line when using UPS

or FedEx, but tracking the status of a visa petition can take

months.

Another concern with the current INS is the autonomy with

which many field offices operate. This bill appears to codify the current system where the Administration’s restructuring proposal

would make changes to provide clarity of function that would improve accountability. The current field office structure would make

it difficult for even the most imaginative and talented bureaucrat

to hold the new agency accountable for delivery of mission critical

objectives. We believe it would be unwise to so severely limit the

authority that the head of the immigration affairs agency would

have over the bureaus and employees that perform the key functions of the agency.

Lack of Coordination:

While the separation of the nation’s immigration service and enforcement functions is desirable, the separation should be accomplished in a manner that emphasizes coordination. Coordination

should be real, and not in name only.

While H.R. 3231 would charge the AAG with responsibility for

reconciling conflicts in policy between the BCIS and BIE, the bill

fails to indicate how such authority would be exercised. Duplication

of departments within the three organizations will not ensure cooperation and effective conflict resolution. Without clear chains of

command, competing priorities would impair the effectiveness of

the agency. Without a strong centralized leader, the separation of

the INS into three entities may only exacerbate one of the current

agency’s greatest weaknesses—its extraordinary inability to share

information internally with its own units and externally with other

agencies and law enforcement authorities.

233

Children’s Office:

We appreciate the Chairman’s accommodation in the area of unaccompanied minors. Section 4(g) of the Committee-reported bill

will establish an Office of Children’s Affairs with strong authority

to look after the care and custody interests of unaccompanied alien

children, modeled after Section 101 of H.R. 1904/S.121, the ‘‘Unaccompanied Alien Child Protection Act of 2001,’’ which is pending in

the Committee. Section 4(g) of the Committee-reported version of

H.R. 3231 would place the Office of Children’s Affairs inside the

Office of the Associate Attorney General for Immigration Affairs.

While we appreciate the Committee’s recognition of the problems

faced by unaccompanied alien children and its creation of the new

office, the Office of Children’s Affairs should be outside the immigration agency, as outlined in the ‘‘Unaccompanied Alien Child Protection Act.’’ We recognize and respect the Committee’s decision to limit the

scope of the legislation to issues relating to the organizational

structure of the nation’s agencies that deal with immigration. As

such, the bill does not contain substantive immigration policy provisions addressing many of the substantive problems with our immigration law. At the same time, we believe it is urgently necessary that Congress more comprehensively address the issues relating to the care and custody of unaccompanied alien children,

such as their lack of access to counsel to assist them in immigration proceedings, the need for guardians ad litem to look after their

interests, and the harsh conditions under which they often are detained.

We urge the Committee to address the special needs of unaccompanied alien children more comprehensively by marking up the

‘‘Unaccompanied Alien Child Protection Act’’ without delay.

Financing Issues:

We note that the Committee-reported bill makes an effort to address some of the key financing issues that are inherent in dividing

the INS into three separate structures. The bill creates a transition

account, reforms the manner in which fees are calculated, and specifically authorizes funds for refugee and asylum adjudications.

But the bill would benefit from several additional financing provisions, such as more specific language prohibiting the use of examinations fee account funds for nonadjudicatory purposes, the

mandating of ongoing reports from the Attorney General on the

costs of transitioning from the Immigration and Naturalization

Service to the structures contemplated by H.R. 3231, and better integration of the backlog reduction provisions in the bill with the

‘‘Immigration Services and Infrastructure Improvements Act’’ enacted in 2000. That act required the INS to adjudicate various immigration benefits petitions and applications in an expeditious

manner and to report to Congress on plans to eliminate backlogs

in immigration benefits adjudications.

Tools Necessary to Effectively Manage Immigration Laws:

Congress needs to provide the head of the immigration agency

with the tools necessary to effectuate reform internally. The Commissioner needs the authority to remove ineffective managers, to

234

outsource management, and to procure technology expeditiously.

We also believe that retention of immigration inspectors and Border Patrol agents is critical to our national security interests.

These individuals should be paid salary and benefits equivalent to

law enforcement officials in other government agencies.

For reasons of Committee jurisdiction, the Chairman asked that

these amendments be melded into this bill later in the legislative

process. We appreciate the Chairman’s support of Ms. Lofgren’s

amendments and his commitment to including them in a Manager’s

Amendment when H.R. 3231 is considered on the floor of the House

of Representatives. The incorporation of these amendments would

strengthen the bill immensely.

It appears that the Senate Judiciary Committee is working to develop an INS restructuring plan that more closely mirrors the Administration’s own proposal. Since reconciliation of competing bills

to the satisfaction of the House, Senate and White House can be

a time consuming process, we recommend that the management

tools outlined in the amendments offered in Committee be adopted

separately from H.R. 3231, in addition to being included in a manager’s amendment. It would be a shame to see urgent improvements delayed because the legislative process so necessary to the

workings of our democracy is also so time consuming.

MELVIN L. WATT.

ZOE LOFGREN.

Æ