[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3918 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 3918

   To establish the Bureau of Immigration Services and the Bureau of 
       Immigration Enforcement within the Department of Justice.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 14, 2000

Mr. Rogers (for himself, Mr. Smith of Texas, and Mr. Reyes) introduced 
    the following bill; which was referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 A BILL


 
   To establish the Bureau of Immigration Services and the Bureau of 
       Immigration Enforcement within the Department of Justice.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Immigration 
Reorganization and Improvement Act of 1999''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Establishment of Bureau of Immigration Services.
Sec. 3. Establishment of Bureau of Immigration Enforcement.
Sec. 4. Exercise of authorities.
Sec. 5. Savings provisions.
Sec. 6. Transfer and allocation of appropriations and personnel.
Sec. 7. Statutory construction.
Sec. 8. Reports and implementation plans.
Sec. 9. Definitions.
Sec. 10. Effective date; transition.

SEC. 2. ESTABLISHMENT OF BUREAU OF 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 Immigration 
        Services (in this section referred to as the ``Service 
        Bureau'').
            (2) Director.--The head of the Service Bureau shall be the 
        Director of the Bureau of Immigration Services who--
                    (A) shall be appointed by the President, by and 
                with the advice and consent of the Senate;
                    (B) shall report directly to the Attorney General 
                or her delegate; and
                    (C) shall have a minimum of 10 years experience in 
                providing services or processing applications for 
                benefits, or both, with at least 5 of those years in 
                management, or shall have comparable management 
                experience.
            (3) Compensation.--Such Director shall be paid at the rate 
        of basic pay payable for level IV of the Executive Schedule (as 
        listed in section 5315 of title 5, United States Code).
            (4) Functions.--Such Director shall perform such functions 
        as are transferred to the Director by this section or this Act 
        or otherwise vested in the Director by law.
    (b) Transfer of Functions.--There are transferred from the 
Commissioner of the Immigration and Naturalization Service to the 
Director of the Bureau of Immigration Services 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 of this section:
            (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 under the Immigration and 
        Nationality Act performed by the Immigration and Naturalization 
        Service as of the date of the enactment of this Act.
    (c) Chief Financial Officer for the Bureau of Immigration 
Services.--There shall be a position of Chief Financial Officer for the 
Bureau of Immigration Services and this position shall be a career 
reserved position within the Senior Executive Service and shall have 
the authorities and functions described in section 902 of title 31, 
United States Code, in relation to financial activities of the Service 
Bureau. The provisions of section 903 of such title (relating to Deputy 
Chief Financial Officers) shall also apply to such Bureau in the same 
manner as the previous sentence applies to such Bureau.
    (d) References.--With respect to any function transferred from the 
Commissioner of the Immigration and Naturalization Service by this 
section or Act to, and exercised on or after the effective date of this 
section by, the Services Bureau, reference in any other Federal law, 
Executive order, rule, regulation, or delegation of authority, or any 
document of or pertaining to an office from which a function is so 
transferred--
            (1) to the head of such office is deemed to refer to the 
        Director of the Bureau of Immigration Services; or
            (2) to such office is deemed to refer to the Services 
        Bureau.

SEC. 3. 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 (in this section referred to as the ``Enforcement 
        Bureau'').
            (2) Director.--The head of the Enforcement Bureau shall be 
        the Director of the Bureau of Immigration Enforcement who--
                    (A) shall be appointed by the President, by and 
                with the advice and consent of the Senate;
                    (B) shall report directly to the Attorney General 
                or her delegate; and
                    (C) shall have a minimum of 10 years experience in 
                law enforcement, with at least 5 of those years in 
                management, or shall have comparable management 
                experience.
            (3) Compensation.--Such Director shall be paid at the rate 
        of basic pay payable for level IV of the Executive Schedule (as 
        listed in section 5315 of title 5, United States Code).
            (4) Functions.--Such Director shall perform such functions 
        as are transferred to the Director by this section or Act or 
        otherwise vested in the Director by law.
    (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 of this section:
            (1) The Border Patrol program.
            (2) The detention and deportation program.
            (3) The intelligence program.
            (4) The investigations program.
            (5) The inspections program.
    (c) Chief Financial Officer for the Bureau of Immigration 
Enforcement.--There shall be a position of Chief Financial Officer for 
the Bureau of Immigration Enforcement and this position shall be a 
career reserved position within the Senior Executive Service and shall 
have the authorities and functions described in section 902 of title 
31, United States Code, in relation to financial activities of the 
Enforcement Bureau. The provisions of section 903 of such title 
(relating to Deputy Chief Financial Officers) shall also apply to such 
Bureau in the same manner as the previous sentence applies to such 
Bureau.
    (d) References.--With respect to any function transferred from the 
Commissioner of the Immigration and Naturalization Service by this 
section or Act to, and exercised on or after the effective date of this 
section 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 document of or pertaining to an 
office from which a function is so transferred--
            (1) to the head of such office is deemed to refer to the 
        Director of the Bureau of Immigration Enforcement; or
            (2) to such office is deemed to refer to the Enforcement 
        Bureau.

SEC. 4. EXERCISE OF AUTHORITIES.

    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 of the transfer of the function 
under this Act.

SEC. 5. SAVINGS PROVISIONS.

    (a) Legal Documents.--All orders, determinations, rules, 
regulations, permits, grants, loans, contracts, agreements, 
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 2 and 3 and this section shall not 
affect any proceedings or any application for any benefits, service, 
license, permit, certificate, or financial assistance pending on the 
effective date specified in section 10 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 10, and in all such suits, 
proceeding 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 section, 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 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 such 
section.

SEC. 6. 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 section 
(and functions that the Attorney General determines are properly 
related to the functions of the Bureau of Immigration Services or 
Bureau of Immigration Enforcement would, if so transferred, further the 
purposes of the respective Bureau), and the assets, liabilities, 
contracts, property, records, and unexpended balance of appropriations, 
authorizations, allocations, and other funds employed, held, used, 
arising from, available to, or to be made available to the Immigration 
and Naturalization Service 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 Bureau for 
appropriate allocation by the Director of the Bureau of Immigration 
Services and Director of the Bureau of Immigration Enforcement, 
respectively. 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 retain the 
right to adjust or realign transfers of funds and personnel effected 
pursuant to this Act for a period of 2 years after the date of the 
establishment of the Bureaus.
    (b) Effect on Personnel.--
            (1) Effect on individual employees.--The transfer under 
        this Act of full-time personnel (except special Government 
        employees) and part-time personnel holding permanent positions 
        shall not cause any such employee to be separated or reduced in 
        grade or compensation for 1 year after the date of transfer to 
        the Bureau involved.
            (2) Compensation levels.--All transfers of personnel under 
        this Act shall be consistent with employee pay and grade 
        retention entitlement under subchapter VI of chapter 53 of 
        title 5, United States Code, and shall not be reduced for any 
        individual in a career position in the civil service, as of the 
        date of the enactment of this Act.
            (3) Senior executive service.--A person who, on the day 
        preceding the effective date in section 10, holds a career 
        Senior Executive Service position in the Immigration and 
        Naturalization Service shall be appointed, without a break in 
        service, to a similar or like position in the Bureau of 
        Immigration Services or the Bureau of Immigration Enforcement 
        if the person meets the minimum qualifications of such 
        position.
    (c) Number of Authorized Personnel.--Nothing in this Act shall be 
interpreted to decrease the number of authorized positions within each 
program as it exists on the date of the enactment of this Act in the 
Immigration and Naturalization Service.
    (d) Delegation and Assignment.--Except as otherwise expressly 
prohibited by law or otherwise provided in this Act, the Director of 
the Bureau of Immigration Services and the Director of the Bureau of 
Immigration Enforcement to whom functions are transferred under this 
Act may delegate any of the functions so transferred to such officers 
and employees of the Bureau of Immigration Services and the Bureau of 
Immigration Enforcement, respectively, as such Director 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.
    (e) Authorities of Attorney General.--
            (1) Incidental transfers.--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 to 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.
            (2) Treatment of shared resources.--The Attorney General is 
        authorized to provide for an appropriate allocation, or 
        coordination, or both, of resources involved in supporting 
        shared support functions for the Bureau of Immigration 
        Services, the Bureau of Immigration Enforcement, and offices 
        within the Department of Justice. Such shared support functions 
        may include information resources management, human resources 
        and training, security, records and forms management, equal 
        opportunity activities, and facilities and procurement 
        administration. The Attorney General, through the Justice 
        Management Division, shall maintain oversight and control over 
        the shared computer databases and systems and records 
        management.

SEC. 7. 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, the Immigration and 
Nationality Act, or any other Act to investigate illegal passport or 
visa issuance or use.

SEC. 8. 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 of the House of Representatives and of the 
Senate a report on the proposed division and transfer of funds, 
including unexpended funds, appropriations, and fees, between the 
Bureau of Immigration Services and the Bureau of Immigration 
Enforcement. Not later than 60 days after the date of submittal of such 
report, each Bureau shall submit to such Committees an operating plan 
of resources allocated, by object class and decision unit structure.
    (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 House of 
Representatives and of the Senate a report on the proposed division of 
personnel between such Bureaus.
    (c) Implementation Plan.--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 House of 
Representatives and of the Senate a plan to carry out this Act. The 
plan should include details concerning the separation of the Bureaus 
and address the issues of chain of command, shared services, file and 
data management and oversight, financial management systems, procedures 
for interaction between the two Bureaus, fraud detection and 
investigation, organizational structure, and establishment of a 
transition team. The plan should also include ways to phase in the 
costs of separating the administration support systems of the 
Immigration and Naturalization Service in order to provide for separate 
administrative support systems for such Bureaus where such systems are 
best provided for separately.
    (d) Detention.--The Attorney General shall, not later than 180 days 
after the date of the enactment of this Act, submit to the Committees 
on Appropriations of the House of Representatives and of the Senate a 
plan to transfer the detention operations of the Bureau of Immigration 
Enforcement (established under section 3) to the Federal Prison System. 
The plan should specifically address the detention of criminal aliens, 
non-criminal aliens, and asylum seekers and should outline the steps 
necessary for the transfer to occur not later than 4 years after the 
date the plan is submitted.

SEC. 9. 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. 10. EFFECTIVE DATE; TRANSITION.

    The transfer of functions under this Act shall take effect on the 
date that is 1 year after the date of the enactment of this Act. The 
Bureau of Immigration Services and the Bureau of Immigration 
Enforcement shall be established, and the Directors of such Bureaus 
shall be appointed, not later than such effective date. To the extent 
that functions to be transferred to such Directors or Bureaus under 
this Act continue to be performed by the Immigration and Naturalization 
Service during fiscal year 2000, the Attorney General shall provide for 
an appropriate accounting of funds and an appropriate transfer of funds 
appropriated to the Immigration and Naturalization Service to such 
respective Bureaus.
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