[Congressional Record Volume 144, Number 112 (Monday, August 31, 1998)]
[Senate]
[Pages S9689-S9692]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. KENNEDY (by request):
  S. 2428. A bill to provide for the restructuring of the Immigration 
and Naturalization Service, and for other purposes; to the Committee on 
the Judiciary.


  THE IMMIGRATION AND NATURALIZATION SERVICE RESTRUCTURING ACT OF 1998

  Mr. KENNEDY. Mr. President, it is a privilege on behalf of the 
administration to introduce the Immigration and Nationalization Service 
Restructuring Act of 1998, and I urge the Senate to support it. The 
purpose of the act is to strengthen the enforcement of the Nation's 
immigration laws at the borders and in other parts of the country, and 
also to strengthen the many immigration and citizenship services that 
the INS provides.
  The Nation has a long and distinguished history of welcoming 
immigrants and refugees who come to this country legally. But because 
the United States is widely viewed around the world as a land of 
extraordinary economic opportunities, these opportunities are often a 
magnet for illegal immigration. The Immigration and Naturalization 
Service has two equally important missions. It provides services and 
benefits to immigrants and refugees eligible for assistance under our 
laws, and it enforces the laws that prevent illegal immigration.
  In recent years, the effectiveness of the INS in carrying out these 
two complex and often competing missions has been increasingly 
criticized. Many critics say that the agency is suffering from 
``mission overload'' and proposals have been made to dismantle the 
agency and assign its responsibilities to other parts of the Federal 
Government.

[[Page S9690]]

  One such proposal was made by the Commission on Immigration Reform, 
which conducted a comprehensive study of the functions and capabilities 
of the INS. The Commission's report contains some well-reasoned 
findings and excellent recommendations. However, the Commission's 
proposal for structural reform is highly controversies because it seeks 
to reassign core INS responsibilities to other federal agencies, the 
services and benefits function would be assigned to the Department of 
State, and the enforcement function would be assigned to the Department 
of Justice.
  Under Commissioner Doris Meissner's impressive leadership, the 
Immigration and Naturalization Service has made significant progress in 
identifying its problems, developing strategies to correct them, and 
implementing successful reforms. A prime example is the significant 
achievements of the INS in expediting the asylum process. Today, asylum 
applications are processed in weeks, not months, and legitimate 
refugees fleeing persecution are granted prompt asylum.
  Nonetheless, Commissioner Meissner is the first to admit that the 
agency faces continuing serious challenges that impede the agency's 
ability to carry out its basic responsibilities. The most significant 
problems are insufficient accountability between field offices and 
headquarters, the lack of consistency in its actions, the need for 
greater professionalism overlapping internal responsibilities, and 
weaknesses in regional and local management.
  The administration has concluded, and I agree, that the most 
effective way to address these problems is by modifying the agency, not 
dismantling it. After considerable study and analysis, the 
administration has developed worthwhile reforms to address the 
problems.
  The Immigration and Nationalization Service Restructuring Act of 1998 
will untangle the overlapping and often confusing organizational 
structure of the INS and replace it with two clear chains of command--
one for enforcement and the other for the provision of services. These 
two equally important divisions will report, through their respective 
directors, to the INS Commissioner. The proposed act will maintain the 
integrity of the agency, and preserve its vast knowledge, skills and 
abilities, and use them in a more effective and efficient framework.
  I urge my colleagues to support this approach and approve this needed 
and important legislation.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2428

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Immigration and 
     Naturalization Service Restructuring Act of 1998''.

     SEC. 2. PURPOSES.

       The purposes of this Act are to:
       (1) Advance the effective enforcement of our immigration 
     laws at our borders and in the interior, and the efficient 
     provision of immigration and citizenship services.
       (2) Untangle the overlapping and frequently confusing 
     organizational structure of INS' by replacing it with two 
     clear operational chains of command--one for enforcement and 
     one for providing services--from the highest level of the 
     agency to the lowest.
       (3) Create two parallel operational divisions which can 
     each focus on its unique management, knowledge, skills and 
     abilities, while also retaining the essential functions for 
     guiding and coordinating these operations.
       (4) Improve customer-oriented immigrant services by--
       (A) creating new local service offices;
       (B) establishing new, distinct lines of accountability of 
     authority for services;
       (C) setting clear standards for customer service; and
       (D) using technology to improve efficiency and customer 
     service.
       (5) Strengthen enforcement operations by--
       (A) establishing a single, coordinated enforcement mission;
       (B) integrating enforcement, and strengthening 
     accountability;
       (C) organizing enforcement areas by function, including 
     Border Patrol, inspections, investigations and removals, 
     detention and enforcement support; and
       (D) developing overtime pay parity with other Federal law 
     enforcement agencies.
       (6) Provide for efficient integration of service and 
     enforcement by--
       (A) creating an administrative and technical backbone of 
     support for enforcement and service; and
       (B) developing and managing essential immigration records, 
     computer systems, training, and shared administrative 
     functions.

     SEC. 3. DEFINITIONS.

       For purposes of this Act, the following definitions shall 
     apply:
       (1) The term ``INA'' refers to the Immigration and 
     Nationality Act of 1952, as amended up to the effective date 
     of this Act.
       (2) The term ``INS'' means the Immigration and 
     Naturalization Service.

     SEC. 4. EFFECTIVE DATE.

       Except as otherwise provided by this Act, this Act shall 
     take effect on October 1, 2000.

                      TITLE I--AGENCY ORGANIZATION

     SEC. 101. AGENCY ORGANIZATION.

       (a) The Immigration and Naturalization Service [the 
     Service] shall be responsible for administering the 
     immigration laws of the United States. The Service will be 
     organized in a way that ensures the effective implementation 
     of enforcement strategies at the border, the interior of the 
     country, and overseas, and the timely and efficient provision 
     of immigrant services and benefits with complete integrity. 
     The Service will be structured along programmatic lines and 
     composed of an--
       (1) Office of Immigrant Services;
       (2) Office of Enforcement Operations; and
       (3) Office of Shared Services.
       (b) Headquarters Operations.--The Service will be led by a 
     Commissioner and Deputy Commissioner who will focus on 
     immigration enforcement and service policy and establish a 
     framework to implement national priorities. In addition, 
     headquarters operations will be responsible for policy 
     formulation, strategic planning and the development of agency 
     goals, objectives and performance targets; agency-wide 
     management support and coordination; budget formulation and 
     execution; public affairs; Congressional relations; general 
     counsel; and internal audit.
       (1) Chief financial officer.--A Chief Financial Officer 
     (CFO) will be established for the effective and efficient 
     management and accountability of Service resources. The CFO 
     will coordinate budget formulation, execution and agency-wide 
     financial management operations. To address the Service's 
     diverse funding sources, the CFO will ensure sound agency-
     wide financial management systems and processes. The CFO will 
     ensure that immigrant services and enforcement operations 
     have clearly separated and defined resource streams.
       (2) Strategic planning and statistical measures.--A 
     director of the strategy unit will be responsible for policy 
     formulation, developing the long-term strategy for the 
     Service and facilitating the process of designing programs to 
     execute that strategy, in consultation with the offices of 
     Immigrant Services, Enforcement Operations and Shared 
     Services. This office will create long-range strategic and 
     performance measurement plans, in cooperation with relevant 
     program components. In addition, this office will be 
     responsible for establishing and strengthening Federal 
     immigration statistical policy and measurement operations.
       (c) The Office of Immigrant Services will be headed by an 
     Executive Associate Commissioner (EAC), a Senior Executive 
     who will report directly to the Office of the Commissioner. 
     The EAC will be responsible for establishing an operational 
     chain of command dedicated solely to immigration services, 
     focusing comprehensively on providing quality, timely and 
     efficient services to the immigrant community and 
     institutions requiring immigrant services. The EAC will be 
     responsible for all aspects of INS service and benefit 
     operations and the Office of Immigration Services will be 
     organized around four functional goals:
       (1) Ensuring timely processing and courteous service for 
     the immigrant community through nationally established 
     customer service standards.
       (2) Providing efficient, accurate benefit processing from 
     remote service centers, and service area operations.
       (3) Ensuring secure documents with uncompromising 
     integrity.
       (4) Serving the refugee and asylee population through 
     humane and timely service and benefits. Additionally, the EAC 
     is responsible for coordinating, with the Office of Shared 
     Services, the effective acquisition and utilization of shared 
     support items including information technology, financial 
     management, facility construction, personnel and training. 
     The responsibilities and duties of the Director of the Office 
     of Immigrant Services shall include:
       (A) Service area operations.--Service area operations will 
     be located in immigrant communities around the United States. 
     The EAC will develop and maintain performance measures to 
     ensure that offices within each area provide efficient and 
     consistent service, while maintaining the integrity of 
     application processing. These offices will provide a variety 
     of services to applicants, including fingerprinting, 
     photographing, and interviewing applicants. Some offices will 
     be configured as full-service offices and others will serve 
     as satellite locations. All will have a standard appearance 
     with customer-oriented features.
       (B) Service center operations.--Service center operations 
     will include centralized automated processing and 
     adjudication for

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      applications and petitions that do not require immigrant 
     interviews. In addition, the service centers will provide 
     front-end fee receipt, data entry and scheduling for 
     applications and petitions that require interviews.
       The EAC will be responsible for the collection of all 
     management reporting information relative to the service 
     centers, for budget formulation and execution for the service 
     center budgets, for ensuring the accuracy and quality control 
     of the adjudication of benefits at the service centers, for 
     all employee hiring and grievance issues at the centers and 
     for monitoring, overseeing and executing the mail file and 
     data entry operations. The EAC will also coordinate with the 
     CFO on financial management.
       (C) Telephone center operations.--The Service will operate 
     a coordinated telephone assistance system to respond to 
     customer inquiries. The EAC will be responsible for designing 
     and operating a telephone system that relies on all assets of 
     the Service to ensure that customer inquiries are promptly 
     and accurately addressed. This will include operating and 
     maintaining the telephone centers, any contract call-
     answering facilities, and utilizing an overflow telephone 
     call assistance capacity designed to access information 
     officers at the service centers as needed.
       (d) The Office of Enforcement Operations will be headed by 
     an Executive Associate Commissioner (EAC), a Senior Executive 
     who will report directly to the Office of the Commissioner. 
     The EAC will be responsible for establishing an operational 
     chain of command dedicated solely to immigration enforcement, 
     focusing comprehensively on illegal immigration problems at 
     the border and in the interior of the United States, and 
     ensuring better linkages of enforcement operations through a 
     single point of accountability for performance. The EAC will 
     be responsible for all aspects of the Service's enforcement 
     and border management operations including international 
     enforcement efforts and will be organized around 4 functional 
     goals: managing by the Border Patrol of the border between 
     ports-of-entry; conducting inspections and managing all port 
     of entry operations; overseeing investigations and removals; 
     and coordinating and managing detention and enforcement 
     support. Additionally, the EAC is responsible for 
     coordinating, with the Office of Shared Services, the 
     effective acquisition and utilization of shared support items 
     including information technology, financial management, 
     facility construction, personnel and training. The 
     responsibilities and duties of the EAC will include:
       (1) Border management.--By placing both Border Patrol and 
     Inspection activities under a single EAC, the Service will be 
     able to provide seamless border enforcement along the 
     Nation's borders, and will be better able to coordinate 
     operations with other Federal and governmental agencies along 
     the border.
       (A) The Border Patrol will perform its current border 
     management and control functions of deterring illegal 
     immigration and apprehending illegal aliens between ports of 
     entry. In addition, the Border Patrol will continue to work 
     with Federal, State, and local law enforcement agencies to 
     effectively administer laws related to the interdiction of 
     drug trafficking activities.
       (B) Port of Entry management is a key component of border 
     management due to the interrelationship between activities at 
     and between land border ports of entry. The EAC will be 
     operationally responsible for carrying out these duties in 
     compliance with applicable law and policy and will be 
     responsible for effectively monitoring resource utilization 
     and maintaining accurate performance measures for these 
     activities.
       (2) Interior enforcement and removals.--The EAC will be 
     responsible for consolidating investigations, intelligence 
     and deportation functions into one coordinated 
     multidisciplinary component to focus on illegal alien 
     removals and to vigorously combat immigration document fraud, 
     smuggling, and illegal employment in the workplace. This 
     consolidated approach will ensure swift and proper 
     apprehension, incarceration, and removal of those illegally 
     residing and working in this country.
       (3) Detention and enforcement support.--The EAC will be 
     responsible for ensuring logistical coordination for the 
     incarceration and transportation of criminal and illegal 
     aliens. The director will be responsible for effectively 
     managing the Service's bed space at both Service-owned and 
     contract detention facilities. Additionally, the director 
     will be responsible for effectively acquiring bed space from 
     State and local entities to ensure the Service can detain and 
     transport individuals it apprehends.
       (e) The Office of Shared Services will be headed by an 
     Executive Associate Commissioner (EAC), a Senior Executive 
     who will report directly to the Office of the Commissioner. 
     The EAC will be responsible for establishing an operational 
     chain of command dedicated to meeting the support 
     requirements for both the enforcement and service operational 
     components. The EAC will be responsible for the effective 
     provision of shared administrative and support services to 
     ensure that each side of the agency has the appropriate 
     administrative and technological tools to do its jobs in the 
     most effective and cost-efficient way. The EAC will 
     accomplish this through 4 functional goals: establishing and 
     maintaining a records management system that accurately and 
     efficiently documents immigration status; ensuring 
     information and enforcement technology enhancements and 
     initiatives are developed and maintained to operational 
     component specifications; building and maintaining a superior 
     recruiting, hiring and training operation to meet Service 
     employment requirements; and building and managing a Service 
     physical plant to adequately support agency housing needs. 
     The EAC will also coordinate with the CFO on financial 
     management. The responsibilities and duties of the EAC will 
     include:
       (1) Automation and technology.--The EAC will be responsible 
     for ensuring that the Service establishes and maintains 
     state-of-the-art information resources capability to carry 
     out agency enforcement and service functions. The EAC will be 
     responsible for deploying and monitoring technology and 
     ensuring that the Service's workforce operates as effectively 
     as possible with these tools. The EAC will also establish and 
     promulgate agency-wide policy relative to the acquisition and 
     deployment of technology capabilities in coordinating with 
     the operational components of the Service.
       (2) Centralized records management.--The EAC will be 
     responsible for maintaining a centralized repository for all 
     Service records and will be responsible for establishing a 
     greater level of data integrity in existing electronic 
     records and managing the transition to an electronic records 
     environment.
       (3) Personnel and training.--The EAC will be responsible 
     for tracking the hiring of all categories of Service 
     personnel and ensuring that all employees receive proper 
     training in a timely manner. Specialized training courses and 
     a full spectrum of basic, advanced, and continuing education 
     will be established to ensure a professional workforce.
       (4) Administrative support.--The EAC will be responsible, 
     in coordination with the operational components of the 
     Service, for planning, constructing, and renovating all 
     required Service facilities and equipment, including Border 
     Patrol stations, detention facilities, Immigrant Services 
     offices and general support office space. The EAC will also 
     be responsible for logistics; procurement; and environmental, 
     occupational and health activities of the Service.

     SEC. 102. 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 INS, or any other Government official, or 
     by a court of competent jurisdiction, in the performance of 
     any function that is transferred; 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 authorization official, 
     a court of competent jurisdiction, or operation of law.
       (b) Proceedings.--This Act shall not affect any proceedings 
     including proceedings before the Executive Office for 
     Immigration Review and any application for any benefits, 
     service, license, permit, certificate, or financial 
     assistance pending on the date of the enactment of this Act 
     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 subsection 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 Act had not been enacted.
       (c) Suits.--This Act shall not affect suits commenced 
     before the date of enactment of this Act, 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 the 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 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

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     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.
       (g) Department of State.--Nothing in this Act shall be 
     construed to preclude or limit in any way the powers, 
     authorities, or duties of special agents of the Department of 
     State and the Foreign Service under section 2709 of title 22, 
     United States Code, or of the Secretary of State under 
     section 4801, et seq. of title 22, United States Code, to 
     investigate illegal passport or visa issuance or use.

     SEC. 103. COMMISSIONER COMPENSATION.

       Effective as of the day following the date on which the 
     present incumbent in the office of the Commissioner ceases to 
     serve as such, the Commissioner of the Immigration and 
     Naturalization Service shall receive compensation at the rate 
     prescribed for level III of the Federal Executive Salary 
     Schedule (section 5314 of title 5, United States Code).

                    TITLE II--CONFORMING AMENDMENTS

     SEC. 201. CONFORMING AMENDMENTS.

       (a) Section 103(e)(2) of the INA, 8 U.S.C. section 
     1103(e)(2), is amended by striking ``district office of the 
     Service'' and inserting ``designated office of the 
     Immigration and Naturalization Service''.
       (b) Section 242(b)(3)(A) of the INA, 8 U.S.C. section 
     1252(b)(3)(A), is amended by striking ``Service district'' 
     and inserting ``designated office of the Immigration and 
     Naturalization Service''.
       (c) Section 316 of the INA, 8 U.S.C. section 1427, is 
     amended--
       (1) in subsection (a) by striking ``district of the 
     Service'' and inserting ``area serviced by the designated 
     office of the Immigration and Naturalization Service''; and
       (2) in subsection (f)(1) by striking ``district of the 
     Service'' and inserting ``area serviced by the designated 
     office of the Immigration and Naturalization Service''.
       (d) Section 319 of the INA, 8 U.S.C. section 1430, is 
     amended--
       (1) in subsection (a) by striking ``district of the 
     Service'' and inserting ``area serviced by the designated 
     office of the Immigration and Naturalization Service'';
       (2) in subsection (b)(3) by striking ``district of the 
     Service'' and inserting ``area serviced by the designated 
     office of the Immigration and Naturalization Service'';
       (3) in subsection (c)(5) by striking ``district of the 
     Service'' and inserting ``area serviced by the designated 
     office of the Immigration and Naturalization Service''; and
       (4) in subsection (d) by striking ``district of the 
     Service'' and inserting ``area serviced by the designated 
     office of the Immigration and Naturalization Service''.
       (e) Section 324 of the INA, 8 U.S.C. section 1435(a)(1), is 
     amended by striking ``district of the Service'' and inserting 
     ``area serviced by the designated office of the Immigration 
     and Naturalization Service''.
       (f) Section 328 of the INA, 8 U.S.C. section 1439, is 
     amended--
       (1) in subsection (a) by striking ``district of the 
     Service'' and inserting ``area serviced by the designated 
     office of the Immigration and Naturalization Service'';
       (2) in subsection (b)(1) by striking ``district of the 
     Service'' and inserting ``area serviced by the designated 
     office of the Immigration and Naturalization Service''; and
       (3) in subsection (c) by striking ``district of the 
     Service'' and inserting ``area serviced by the designated 
     office of the Immigration and Naturalization Service''.
       (g) Section 329(b)(2) of the INA, 8 U.S.C. 1440(b)(2), is 
     amended by striking ``district of the Service'' and inserting 
     ``area serviced by the designated office of the Immigration 
     and Naturalization Service''.
       (h) Section 335(f) of the INA, 8 U.S.C. section 1446(f), is 
     amended by striking ``district of the Service'' each time the 
     phrase appears and inserting ``area serviced by the 
     designated office of the Immigration and Naturalization 
     Service''.
       (i) Section 338 of the INA, 8 U.S.C. section 1449, is 
     amended by striking ``district office of the Service'' and 
     inserting ``designated office of the Immigration and 
     Naturalization Service''.
       (j) Section 339(b) of the INA, 8 U.S.C. section 1450(b), is 
     amended by striking ``district office of the Service'' and 
     inserting ``designated office of the Immigration and 
     Naturalization Service''.
       (k) Section 404 of the INA, 8 U.S.C. section 1101, note, is 
     amended--
       (1) in subsection (b)(2)(A)(i) by striking ``a district 
     director of the Service'' and inserting ``a designated 
     Immigration and Naturalization Service officer''; and
       (2) in subsection (b)(2)(A)(iii) by striking ``in a 
     district'' and inserting ``in a designated office of the 
     Immigration and Naturalization Service''.

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