[House Report 107-413]
[From the U.S. Government Publishing Office]
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:
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.
(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--
(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 state-by-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 of the Associate
Attorney General, Bureau of Citizenship and
Immigration 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.
(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;
(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.
(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 Immigration Services to identify serious
service problems and to present recommendations 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 Policy 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
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 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 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, 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).
(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 services.--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.--
(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 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 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.
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.
---------------------------------------------------------------------------
\1\ U.S. Commission on Immigration Reform, Becoming an American:
Immigration and Immigrant Policy, 1997 Report to Congress, 148.
---------------------------------------------------------------------------
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 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.
---------------------------------------------------------------------------
\2\ Id.
---------------------------------------------------------------------------
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 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 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)
establish 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
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:
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 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 Office 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) 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.
---------------------------------------------------------------------------
\3\ United States General Accounting Office, Immigration Benefit
Fraud--Focused Approach is Needed to Address Problems (2002).
---------------------------------------------------------------------------
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 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.
---------------------------------------------------------------------------
\4\ Department of Justice Office of the Inspector General,
Unaccompanied Juveniles in INS Custody, Report Number I-2001-009
(2001).
---------------------------------------------------------------------------
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.
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 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 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 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 employees 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 removal 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 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, 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.
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 Transfer 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, collected 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 separate 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.
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 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
* * * * * * *
Sec. 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.
Sec. 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.
* * * * * * *
[Commissioner of Immigration and Naturalization,
Department of Justice.]
* * * * * * *
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; [and]
(23) exercise the powers and functions set out in
part H[.]; 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).
(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 [services, 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.--
(1) * * *
* * * * * * *
[(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:]
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:]
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.
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 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.
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 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:]
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.
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.
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:]
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
without stopping hundreds of thousands of American citizens and
non-citizens 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. 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.
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 committed 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.''
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 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 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:]
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
mid-level 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:]
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 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.
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. LGrant 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 the-
a. Senior Executive Service, and
b. Those with significant supervisory or managerial
responsibilities.
2. LThis 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 disciplinary 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:]
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.
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:]
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 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.
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:]
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.
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:]
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?
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.
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:]
Mr. Conyers. Mr. Chairman?
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.
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:]
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 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 deserves 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 non-immigrant and immigrant visa petitions that
approval must require--before the Director of the Bureau of
Citizenship and Immigration 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 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:]
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?
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.
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?
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.
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.]
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, 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.
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 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.