[Federal Register Volume 59, Number 224 (Tuesday, November 22, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-28697] [[Page Unknown]] [Federal Register: November 22, 1994] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF JUSTICE Immigration and Naturalization Service 8 CFR Parts 100 and 103 [INS No. 1501-94] RIN 1115-AD72 Implementation of Internal Reorganization of the Immigration and Naturalization Service AGENCY: Immigration and Naturalization Service, Justice. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This rule amends existing Immigration and Naturalization Service (Service) regulations by revising the organizational structure of the Service to conform to the Service reorganization plan approved by Attorney General Reno. These regulations will allow for empowerment of Headquarters and field managers, and further enhance Service planning and communications capabilities. EFFECTIVE DATE: November 22, 1994. FOR FURTHER INFORMATION CONTACT: Gary S. Messina, Acting Executive Associate Commissioner, Policy and Planning, Immigration and Naturalization Service, 425 I Street NW., Room 6042, Washington, DC 20536, telephone (202) 514-3242. SUPPLEMENTARY INFORMATION: The reorganization of the Immigration and Naturalization Service was approved by Attorney General Reno on January 14, 1994. A copy of the organization chart, which graphically illustrates the approved structure, is published with this final regulation as Appendix A. The reorganization will: (a) Create a clearer sense of mission by knitting together the Service's major functions and programs; (b) decentralize decision-making authority and delegate authority to persons geographically closer to the locations where work is being performed; (c) empower field operational units to improve the delivery of services to customers; (d) re-engineer major processes, such as those which develop and disseminate organizational policy and guidelines, and which are outdated approaches to handing records and information; and (e) develop a capability and commitment to plan for the future, set customer service standards, and establish quantitative performance measures to enable the Service to evaluate its programs and service delivery. To accomplish these goals, the reorganization creates several new components through the restructuring of some existing ones and the abolition of others. Some components retain their identity, but with revised duties and reporting relationships, while other components remain unchanged. This final regulation formalizes the new components, responsibilities, and reporting relationships. Synopsis of the changes ---------------------------------------------------------------------------------------------------------------- Former organizational structure New organizational structure ---------------------------------------------------------------------------------------------------------------- Executive Associate Commissioner....................... Abolished, functions realigned to the Deputy Commissioner, and the four Executive Associate Commissioners (EACs). Office of Professional Responsibility.................. Abolished, some functions absorbed by the Office of Internal Audit. Office of Program Inspections.......................... Abolished, some functions absorbed by the Office of Internal Audit. Office of Congressional and Public Affairs............. Functions redistributed to an Office of Public Affairs and an Office of Congressional Relations. Office of Anti-Smuggling under the Office of Anti-Smuggling function absorbed into the Office of Enforcement. Investigations. Associate Commissioner, Management..................... EAC, Management. Office of Comptroller under the Office of Management... Office of Finance under the EAC, Management. Office of Personnel and Training under the Office of Office of Human Resources and Administration under the Management. EAC, Management. Office of Administration under the Office of Management Administration functions absorbed into the Office of Human Resources and Administration under the EAC, Management. Office of Equal Employment Opportunity under the Office Reports to the EAC, Management. of Management. Office of Plans and Analysis under the Executive EAC, Policy and Planning. Associate Commissioner. Office of Information Systems under the Executive Office of Information Resources Management under the Associate Commissioner. EAC, Management. Records Systems Division under the Office of Functions realigned to EAC, Management; EAC, Programs; Information Systems. EAC, Policy and Planning; and Director, Public Affairs. Data Systems Division under the Office of Information Reports to the Office of Information Resources Systems. Management. Office of Policy Directives and Instructions under the Policy Directives and Instructions Branch under the Office of Information Systems. EAC, Policy and Planning. Project Control and Integration Division under the Systems Integration Division under the Office of Office of Information Systems. Information Resources Management. Office of Examinations................................. Reports to the EAC, Programs. Adjudication Division under the Office of Examinations. Adjudications and Nationality Division under the Office of Examinations. Refugee, Asylum, and Parole Division under the Office Functions realigned to EAC, Field Operations to include of Examinations. an Asylum Division and a Refugees and Parole Division, both of which report to the Office of International Affairs. Office of Outreach Program under the Office of Absorbed into the Adjudications and Nationality Examinations. Division under the Office of Examinations. Administrative Appeals Unit under the Office of Administrative Appeals Office under the Office of Examinations. Examinations. Legalization Division under the Office of Examinations. Abolished. National Fines Office under the Office of Examinations. Absorbed into the Inspections Division under the Office of Examinations. Four Regional Commissioners............................ Abolished and functional responsibilities realigned to three Regional Directors reporting to the EAC, Field Operations, and four Directors of Administrative Centers reporting to the EAC, Management. ---------------------------------------------------------------------------------------------------------------- Discussion of Changes Deputy Commissioner The reorganization reaffirms the position of the Deputy Commissioner and specifically empowers the incumbent to serve as Chief Operating Officer for the Service. The Deputy Commissioner supervises the four newly established Executive Associate Commissioner (EAC) positions. The EACs are for Programs, Field Operations, Policy and Planning, and Management. The EAC for Field Operations supervises the Regional Directors who, in turn, supervise the District Directors and Chief Patrol Agents. The other three EACS are staff to the Commissioner and Deputy Commissioner. The responsibility for reconciling field and Headquarters requirements lies with the Deputy Commissioner, freeing the Commissioner to set policy and represent the Service externally. As noted, the reorganization abolished the position of Executive Associate Commissioner. With this change, authority and responsibility held by that office are realigned under the new positions of Executive Associate Commissioner, Programs; Executive Associate Commissioner, Field Operations; Executive Associate Commissioner, Policy and Planning; and Executive Associate Commissioner, Management, reporting to the Deputy Commissioner. Finally, the Offices of Professional Responsibility, Program Inspection, and the position of Special Representative of the Commissioner are abolished. Executive Associate Commissioner for Programs The Executive Associate Commissioner for Programs is responsible for policy development, review and integration of the Service's enforcement and examinations programs, and supervision of the Associate Commissioners for Examinations and Enforcement. The Executive Associate Commissioner for Programs does not exercise line authority over district and sector operations. Office of Asset Forfeiture The Office of Asset Forfeiture is now delegated authority by the Associate Commissioner of Enforcement to adjudicate claims under section 274 (b) of the Act on behalf of the Commissioner of the Immigration and Naturalization Service. Executive Associate Commissioner for Field Operations The Executive Associate Commissioner for Field Operations responds to field office needs; implements policy; ensures consistency and program effectiveness in the work of Service districts and sectors, including the Service's foreign offices; and serves as a single point of contact and advocacy at the Headquarters level for field issues. The EAC for Field Operations supervises three Regional Director positions who are responsible for Eastern, Central, and Western Field Operations. Additionally, the EAC for Field Operations supervises the Director, International Affairs. Regional Directors The reorganization abolishes the four Regional Commissioner positions and replaces them with three Regional Directors for domestic activities. They are responsible for Eastern, Central, and Western Field Operations. These three domestic regions replace the old four- region configuration and provide an intermediate management level between dispersed, complex field activities and Headquarters. Each region includes a southern and a northern border. The regional alignment reflects an even, three-way distribution of Service workload and resources. The Regional Directors will also act as spokespersons in their respective geographic areas. Office of International Affairs The reorganization creates an Office of International Affairs and places it under the Executive Associate Commissioner for Field Operations. This office will assume responsibility for foreign operations and the centralized political asylum program. This action establishes the foreign districts as a mini-region, and allows them to function as an extension of domestic operations, discharging refugee and parole responsibilities. Executive Associate Commissioner for Policy and Planning The Office of Plans and Analysis is renamed Policy and Planning and moved under the new EAC for Policy and Planning. This organization serves as a clearinghouse for Service policy and is responsible for a wide spectrum of policy activities, including policy formulation, codification, and dissemination within the agency. To this end, the Office of Policy Directives and Instructions is absorbed by the new organization. Strategic planning, annual priorities development, statistics, research and development, and cross-program initiatives, all functions now performed in the Office of Plans and Analysis, are subsumed in the new organization. Executive Associate Commissioner for Management The Executive Associate Commissioner for Management will be responsible for the duties now extant in the Management and Information Systems components of the Service, and will exercise this responsibility through Headquarters Offices of Security, Equal Employment Opportunity, Files and Forms Management, Human Resources and Administration, Finance, Information Resources Management, and the four Administrative Centers (new position; see discussion below). Director, Administrative Center The reorganization further establishes four new Director of Administrative Center positions. The directors will be responsible for administrative services, program oversight, and liaison functions at their respective locations. Specifically, they will manage personnel, administrative, information systems, financial, security, and equal employment opportunity aspects of the offices in their respective geographical areas, subject to oversight and direction from Headquarters. The directors will report to the Executive Associate Commissioner for Management in the exercise of these responsibilities. Executive Staff Offices In addition, the reorganization consolidates existing functions and establishes new offices to oversee and supervise their operation. The Office of Internal Audit, the Office of Congressional Relations, and the Office of Public Affairs are such offices. They will be located in the Office of the Commissioner, and each will be headed by a Director. Regulatory Flexibility Act The Commissioner of the Immigration and Naturalization Service, in accordance with the Regulatory Flexibility Act (5 U.S.C. 605 (b)), has reviewed this regulation and, by approving it, certifies that the rule will not have a significant economic impact on a substantial number of small entities. This regulation deals with an internal reorganization within the Service, as discussed in the Supplemental section of this document. Executive Order 12866 This rule is considered by the Department of Justice, Immigration and Naturalization Service, to be a ``significant regulatory action'' under Executive Order 12866, section 3(f), Regulatory Planning and Review and has been approved by the Office of Management and Budget. As noted in the supplementary section of the rule, the Service has realigned functions and responsibilities to increase overall operational efficiency. The organizational realignments, decentralization and redelegation of specific programmatic responsibility and accountability, as well as empowerment of staff, are critical changes being implemented by the reorganization. These initiatives are deemed by the Service to be significant actions which are in conformance with the Administration's priorities as outlined by the National Performance Review. Executive Order 12612 This regulation will not have substantial direct effects on the States, on the relationship between the National Government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, in accordance with Executive Order 12612, it is determined that this rule does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment. Executive Order 12606 The Commissioner of the Immigration and Naturalization Service has reviewed this rule and, by signing it, certifies that she has assessed the rule in light of the criteria in Executive Order 12606 and has determined the regulation will have no bearing on family well-being. List of Subjects 8 CFR Part 100 Organizations and functions (Government agencies). 8 CFR Part 103 Administrative practice and procedure, Authority delegations (Government agencies), Freedom of information, Privacy, Reporting and recordkeeping requirements, Surety bonds. Accordingly, chapter I of title 8 of the Code of Federal Regulations is amended as follows: PART 100--STATEMENT OF ORGANIZATION 1. The authority citation for Part 100 continues to read as follows: Authority: 8 U.S.C. 1103; 8 CFR part 2. 2. Section 100.2 is revised to read as follows: Sec. 100.2 Organization and functions. (a) Office of the Commissioner. The Attorney General has delegated to the Commissioner, the principal officer of the Immigration and Naturalization Service, authority to administer and enforce the Immigration and Nationality Act and all other laws relating to immigration, naturalization, and nationality as prescribed and limited by 28 CFR 0.105. (1) Office of the General Counsel. Headed by the General Counsel, the office provides legal advice to the Commissioner, the Deputy Commissioner, and staff; prepares legislative reports; assists in litigation; prepares briefs and other legal memoranda when necessary; directs the activities of the regional counsel; oversees the professional activities of all Service attorneys assigned to field offices; and, makes recommendations on all personnel matters involving Service attorneys. (2) Office of Congressional Relations. Headed by the Director of Congressional Relations, the office is responsible for establishing and maintaining effective liaison with the Congress, Department of Justice, and other agencies on such matters as bills, mark-ups, hearings, and Congressional inquiries. (3) Office of Public Affairs. Headed by the Director of Public Affairs, the office is responsible for establishing and maintaining public affairs policy, serving as liaison with various constituent communities (intergovernmental, public, news organization, etc.) to communicate Service initiatives, such as naturalization and employer education, and producing public information products. (4) Office of Internal Audit. Headed by the Director of Internal Audit, the office promotes economy, efficiency, and effectiveness within the Service by managing the Service's systems for resolving alleged mismanagement and misconduct by Service employees; reviewing and evaluating the efficiency and effectiveness of Service operations and programs; collecting and analyzing data to identify patterns of deficiencies or other weaknesses warranting investigative or audit follow-up; making recommendations on disciplinary policies and procedures of the Service; overseeing Service systems to eliminate fraud, waste, and abuse in the workplace; and acting as the Service's liaison with outside audit/inspection agencies. These duties are executed in coordination with other components of the Service and other Department of Justice components. (b) Office of the Deputy Commissioner. Headed by the Deputy Commissioner, the office is authorized to exercise all power and authority of the Commissioner unless any such power or authority is required by law to be exercised by the Commissioner personally. The Deputy Commissioner advises and assists the Commissioner in formulating and implementing Service policies and programs, and provides supervision and direction to all organizational units of the Service. The Deputy Commissioner also performs such other duties as may be assigned from time-to-time by the Commissioner. In addition, the Deputy Commissioner supervises the four Executive Associate Commissioners for Programs, Field Operations, Policy and Planning, and Management. (c) Office of the Executive Associate Commissioner for Programs-- (1) General. (i) Headed by the Executive Associate Commissioner for Programs, the office is responsible for policy development and review as well as integration of the Service's enforcement and examinations programs. This office has primary responsibility for the planning, oversight, and advancement of programs engaged in interpretation of the immigration and nationality laws and the development of regulations to assist in activities, including: (A) The granting of benefits and privileges to those qualified to receive them; (B) Withholding of benefits from those ineligible; (C) Control of the borders and prevention of illegal entry into the United States; (D) Detection, apprehension, detention, and removal of illegal aliens; and (E) Enforcement of employer sanctions and other provisions of immigration-related law. (ii) In addition to overseeing enforcement and examination policy matters, the Office of Programs is also responsible for immigration records. The Executive Associate Commissioner for Programs promulgates policy, provides direction and supervises the activities of the Offices of Enforcement and Examinations. (2) Office of Enforcement. Headed by the Associate Commissioner for Enforcement, the office is responsible for the planning, oversight, and advancement of enforcement programs engaged in interpretation of the immigration and nationality laws, and the development of Service policies to assist enforcement activities. The Associate Commissioner for Enforcement directly supervises the Headquarters: (i) Border Patrol Division; (ii) Investigations Division; (iii) Detention and Deportation Division; (iv) Intelligence Division; and (v) Asset Forfeiture Office. (3) Office of Examinations. Headed by the Associate Commissioner for Examinations, the office is responsible for the planning, oversight, and advancement of examinations programs engaged in interpretation of the immigration and nationality laws, and the development of Service policies to assist examinations activities. The Office of Examinations is also responsible for all district and service center records and all records operations, except records policy. The Associate Commissioner for Examinations directly supervises the Headquarters: (i) Adjudications and Nationality Division; (ii) Inspections Division; (iii) Service Center Operations Division; (iv) Records Division; and (v) Administrative Appeals Office. (d) Office of the Executive Associate Commissioner for Field Operations--(1) General. (i) Headed by the Executive Associate Commissioner for Field Operations, the office is responsible for implementing policies related to the Service's field operations. This office has primary responsibility for oversight and coordination of all field operations relating to the administration of immigration law, including: (A) The granting of benefits and privileges to those qualified to receive them; (B) Withholding of benefits from those ineligible; (C) Control of the borders and prevention of illegal entry into the United States; (D) Detection, apprehension, detention, and removal of illegal aliens; (E) Enforcement of employer sanctions and other provisions of immigration-related law; and (F) Refugee processing, adjudication of relative applications/ petitions filed by citizens and legal permanent residents, and overseas deterrence of alien smuggling and fraud activities. (ii) The Executive Associate Commissioner for Field Operations provides direction to, and supervision of, the three Regional Directors (Eastern, Central, and Western), and the Director, International Affairs. (2) Offices of the Regional Directors. (i) General. Headed by regional directors, these offices are responsible for directing all aspects of the Service's field operations within their assigned geographic areas of activity. The regional directors provide general guidance and supervision to: (A) Service districts within their regions; and (B) Border Patrol sectors within their regions. (ii) Service districts. Headed by district directors, who may be assisted by deputy district directors, these offices are responsible for the administration and enforcement of the Act and all other laws relating to immigration and naturalization within their assigned geographic areas of activity, unless any such power and authority is either required to be exercised by higher authority or has been exclusively delegated to another immigration official or class of immigration officer. District directors are subject to the general supervision and direction of their respective regional director, except that district directors outside of the United States are subject to the general supervision and direction of the Director for International Affairs. (iii) Border Patrol Sectors. Headed by chief patrol agents who may be assisted by deputy chief patrol agents, these offices are responsible for the enforcement of the Act 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 regional director. (3) Office of International Affairs. Headed by a Director of International Affairs, the office is responsible for ensuring that the foreign affairs mission of the Service reflects a full partnership between the Service, the Executive Branch agencies, and the Congress, the administration of U.S. immigration law on foreign soil, and the U.S. domestic asylum program. The Director for International Affairs provides general guidance and supervision to: (i) Foreign districts; (ii) Asylum Division; and (iii) Refugee and Parole Division. (e) Office of the Executive Associate Commissioner for Policy and Planning. Headed by the Executive Associate Commissioner for Policy and Planning, the office is responsible for directing and coordinating Servicewide policy and planning activities, and conducting analysis of these as well as other issues which cross program lines or have national implications. (f) Office of the Executive Associate Commissioner for Management-- (1) General. Headed by the Executive Associate Commissioner for Management, the office is responsible for planning, developing, directing, coordinating, and reporting on Service management programs and activities. The Executive Associate Commissioner for Management promulgates Servicewide administrative policies and coordinates all financial, human resource, administrative, and information resources management functions. The Executive Associate Commissioner for Management provides direction to, and supervision of, the: (i) Office of Security; (ii) Office of Equal Employment Opportunity; (iii) Office of Human Resources and Administration; (iv) Office of Finance; (v) Office of Information Resources Management; (vi) Office of Files and Forms Management; and (vii) Administrative Centers. (2) Office of Security. Headed by the Director of Security, the office is responsible for all security programs of the Service, including those related to personnel, physical, information and documents, automated data processing, telecommunications, and emergency preparedness planning. (3) Office of Equal Employment Opportunity. Headed by the Director of Equal Employment Opportunity, the office is responsible for developing, planning, directing, managing, and coordinating equal employment opportunity programs and evaluating programs relating to the civil rights of all employees and applicants to ensure compliance with the law. This office also coordinates the affirmative employment and discrimination complaints programs of the Service and those of the Department of Justice as they apply to the Service. (4) Office of Human Resources and Administration. Headed by the Associate Commissioner for Human Resources and Administration, the office is responsible for planning, developing, directing, managing, and coordinating the personnel, career development, contracting, facilities, and administrative support programs of the Service. The Associate Commissioner for Human Resources and Administration directly supervises the: (i) Human Resources and Development Division; and (ii) Administration Division. (5) Office of Finance. Headed by the Associate Commissioner for Finance, the office is responsible for planning, developing, directing, managing, coordinating, and reporting on, the budget, accounting, and resource management programs of the Service. The Associate Commissioner for Finance directly supervises the: (i) Budget Division; and (ii) Financial Management Division. (6) Office of Information Resources Management. Headed by the Associate Commissioner for Information Resources Management, the office is responsible for planning, developing, directing, managing, coordinating, and reporting on Service information management programs and activities including automated data processing, telecommunications, and radio communications. The Associate Commissioner for Information Resources Management directly supervises the: (i) Data Systems Division; and (ii) Systems Integration Division. (7) Office of Files and Forms Management. Headed by the Director of Files and Forms Management, the office is responsible for the administration of records policy, and correspondence files. The Director of Files and Forms Management directly supervises the: (i) National Records Center; (ii) National Forms Center; (iii) Systematic Alien Verification Entitlement (SAVE) Program; and (iv) Centralized Freedom of Information Act and Privacy Act (FOIA/ PA) program. (8) Office of the Administrative Center. Headed by directors, these offices are responsible for administrative servicing, monitoring, and liaison functions within their respective geographic boundaries. The directors direct and supervise regional staff who administer human resources, administrative, information systems, security, and financial functions. PART 103--POWERS AND DUTIES OF SERVICE OFFICERS; AVAILABILITY OF SERVICE RECORDS 3. The authority citation for Part 103 continues to read as follows: Authority: 5 U.S.C. 552, 552a; 8 U.S.C. 1101, 1103, 1201, 1252 note, 1252b, 1304, 1356; 31 U.S.C. 9701; E.O. 12356, 47 FR 14874, 15557, 3 CFR, 1982 Comp., p. 166; 8 CFR part 2. 4. Section 103.1 is revised to read as follows: Sec. 103.1 Delegations of authority. (a) Deputy Commissioner. Without divesting the Commissioner of any of the powers, duties, and privileges delegated by the Attorney General, coextensive authority is delegated to the Deputy Commissioner. The Deputy Commissioner is delegated responsibility for providing overall supervision and direction to the four Executive Associate Commissioners of the Service. (b) General Counsel--(1) General. Under the direction and supervision of the Commissioner, the General Counsel is delegated the authority to carry out the duties of the chief legal officer for the Service, and is assisted by the deputy general counsel(s) and staff. The General Counsel advises the Commissioner, the Deputy Commissioner, and staff on legal matters; prepares legislative reports; and assists in litigation. The General Counsel is delegated the authority to oversee the professional activities of all Service attorneys assigned to field offices and to make recommendations to the Department of Justice on all personnel matters involving Service attorneys, including attorney discipline which requires final action or approval by the Deputy Attorney General or other designated Department of Justice official. The General Counsel is delegated authority to perform the functions conferred upon the Commissioner with respect to production or disclosure of material in Federal and state proceedings as provided in 28 CFR 16.24(a). (2) Regional Counsel. In addition to other legal activities performed under the direction and supervision of the General Counsel, Regional Counsel are delegated authority within their respective regional areas, concurrent with that of the General Counsel, to perform the functions conferred upon the Commissioner with respect to production or disclosure of material in Federal and state proceedings as provided in 28 CFR 16.24(a). (c) Director of Congressional Relations. Under the direction and supervision of the Commissioner, the Director of Congressional Relations is delegated authority to respond to Congressional inquiries and advise the Commissioner and staff concerning legislative matters of the Service. (d) Director of Public Affairs. Under the direction and supervision of the Commissioner, the Director of Public Affairs is delegated authority to direct and coordinate public affairs policy, public information, news releases, public liaison, and outreach; to advance public affairs and Service initiatives such as naturalization and employer education; and to produce information products. (e) Director of Internal Audit. Under the direction and supervision of the Commissioner, the Director of the Office of Internal Audit is delegated authority to plan, direct, and coordinate the Service's internal audit program and compliance review program; to initiate and to conduct or direct the conduct of investigations of alleged mismanagement by Service employees; to initiate and to conduct or direct the conduct of investigations of alleged misconduct by Service employees, subject to agreements with the Department's Office of Professional Responsibility and Office of Inspector General (OIG); to exercise those powers and authorities necessary to investigate matters which are material and relevant to the administration of the Service, including the power and authority to administer oaths and to take and consider evidence; to collect information concerning the efficiency and effectiveness of Service operations and programs and Service systems to eliminate fraud, waste, and abuse in the workplace; and to act as the Service's liaison with outside audit/inspection agencies. (f) Executive Associate Commissioner for Programs--(1) General. Under the direction and supervision of the Deputy Commissioner, the Executive Associate Commissioner for Programs is delegated authority for policy development, review and integration of the Service's enforcement and examinations programs, and for providing general direction to, and supervision of, the Associate Commissioners for Enforcement and Examinations. (2) Associate Commissioner for Enforcement--(i) General. Under the direction and supervision of the Executive Associate Commissioner for Programs, the Associate Commissioner for Enforcement is delegated authority and responsibility for program and policy planning, development, coordination, evaluation, and staff direction to the Border Patrol, Investigations, Detention and Deportation, Intelligence, and Asset Forfeiture programs, and to impose administrative fines, penalties, and forfeitures under sections 274, 274A and 274C of the Act. The Associate Commissioner for Enforcement is responsible for providing general direction and supervision to the: (A) Assistant Commissioner for Border Patrol; (B) Assistant Commissioner for Investigations; (C) Assistant Commissioner for Detention and Deportation; (D) Assistant Commissioner for Intelligence; and (E) Director of Asset Forfeiture. (ii) Director of Asset Forfeiture. Under the direction and supervision of the Associate Commissioner for Enforcement, the Director of Asset Forfeiture is delegated the authority to direct and coordinate the Service program under section 274(b) of the Act which provides for the seizure and forfeiture of conveyances used in violation of section 274(a) of the Act. (3) Associate Commissioner for Examinations. (i) General. Under the direction and supervision of the Executive Associate Commissioner for Programs, the Associate Commissioner for Examinations is delegated authority and responsibility for program and policy planning, development, coordination, evaluation, and staff direction to the Adjudications and Nationality, Inspections, Administrative Appeals, Service Center Operations, and Records programs, and to direct and supervise the: (A) Assistant Commissioner for Adjudications and Nationality; (B) Assistant Commissioner for Inspections; (C) Assistant Commissioner for Service Center Operations; (D) Assistant Commissioner for Records; and (E) Director of Administrative Appeals. (ii) Administrative Fines. The Associate Commissioner for Examinations is delegated the authority to impose administrative fines under provisions of the Act in any case which is transmitted to the National Fines Office by a district director. (iii) Appellate Authorities. In addition, the Associate Commissioner for Examinations exercises appellate jurisdiction over decisions on; (A) Breaching of bonds under Sec. 103.6(e); (B) Petitions for immigrant visa classification based on employment or as a special immigrant or entrepreneur under Secs. 204.5 and 204.6 of this chapter except when the denial of the petition is based upon lack of a certification by the Secretary of Labor under section 212(a)(5)(A) of the Act; (C) Indochinese refugee applications for adjustment of status under Sec. 245.2 (a)(4) and (e) of this chapter; (D) Revoking approval of certain petitions under Sec. 205.2 of this chapter.; (E) Applications for permission to reapply for admission to the United States after deportation or removal under Sec. 212.2 of this chapter; (F) Applications for waiver of certain grounds of excludability under Sec. 212.7(a) of this chapter; (G) Applications for waiver of the two-year foreign residence requirement under Sec. 212.7(c) of this chapter; (H) Petitions for approval of schools under Sec. 214.3 of this chapter; (I) Decisions of district directors regarding withdrawal of approval of schools for attendance by foreign students under Sec. 214.4 of this chapter; (J) Petitions for temporary workers or trainees and fiancees or fiances of U.S. citizens under Secs. 214.2 and 214.6 of this chapter; (K) Applications for issuance of reentry permits under Sec. 223.1 of this chapter; (L) Applications for refugee travel documents under Sec. 223a.4 of this chapter; (M) Applications for benefits of section 13 of the Act of September 11, 1957, as amended, under Sec. 245.3 of this chapter; (N) Adjustment of status of certain resident aliens to nonimmigrants under Sec. 247.12(b) of this chapter; (O) Applications to preserve residence for naturalization purposes under Sec. 316a.21(c) of this chapter; (P) Applications for certificates of citizenship under Sec. 341.6 of this chapter; (Q) Administration cancellation of certificates, documents, and records under Sec. 342.8 of this chapter; (R) Applications for certificates of naturalization or repatriation under Sec. 343.1 of this chapter; (S) Applications for new naturalization or citizenship papers under Sec. 343a.1(c) of this chapter; (T) Applications for special certificates of naturalization under Sec. 343b.11(b) of this chapter; (U) Applications by organizations to be listed on the Service listing of free legal services program and removal therefrom under Part 292a of this chapter; (V) Petitions to classify Amerasians under Public Law 97-359 as the children of United States citizens; (W) Revoking approval of certain petitions, as provided in Secs. 214.2 and 214.6 of this chapter; (X) Orphan petitions under Sec. 204.1(b) of this chapter; (Y) Applications for advance process of orphan petitions under Sec. 204.1(b)(3) of this chapter; (Z) Invalidation of a temporary labor certification issued by the governor of Guam under Sec. 214.2(h)(3)(v) of this chapter; (AA) Application for status as temporary or permanent resident under Secs. 245a.2 or 245a.3 of this chapter; (BB) Application for status as temporary resident under Sec. 210.2 of this chapter; (CC) Termination of status as temporary resident under Sec. 210.4 of this chapter; (DD) Termination of status as temporary resident under Sec. 245a.2 of this chapter; (EE) Application for waiver of grounds of excludability under Parts 210, 210a, and 245a of this chapter; (FF) Application for status as permanent resident under Sec. 245.6 of this chapter; (GG) Petition for temporary or permanent resident status as a Replenishment Agricultural Worker (RAW) under Part 210a of this chapter; (HH) Application for Temporary Protected Status under part 240 of this chapter; (II) Petitions for special immigrant juveniles under part 204 of this chapter; (JJ) Applications for adjustment of status under part 245 of this title when denied solely because the applicant failed to establish eligibility for the bona fide marriage exemption contained in section 245(e) of the Act; (KK) Petition for Armed Forces Special Immigrant under Sec. 204.9 of this chapter; (LL) Request for participation as a regional center under Sec. 204.6(m) of this chapter; and (MM) Termination of participation of regional center under Sec. 204.6(m) of this chapter. (iv) Director of the National Fines Office. Under the direction of the Assistant Commissioner for Inspections, the Director of the National Fines Office has program, administrative, and supervisory responsibility for all personnel assigned to the National Fines Office. The Director of the National Fines Office is delegated the authority by the Associate Commissioner for Examinations to impose fines, penalties, and liquidated damages under sections 214, 231, 233, 237, 238, 239, 243, 251, 252, 253, 254, 255, 256, 257, 258, 271, 272, 273 and 274C of the Act. (v) Service Center directors. Under the direction and supervision of the Assistant Commissioner for Service Center Operations, the service center directors are delegated the authority to control all activities conducted within their offices and supervisory responsibility for all personnel assigned to their offices. Center directors are delegated the authority to grant or deny any application or petition submitted to the Service, except for matters delegated to asylum officers pursuant to part 208 and Sec. 253.1(f) of this chapter, or exclusively delegated to district directors. (g) Executive Associate Commissioner for Field Operations--(1) General. Under the direction and supervision of the Deputy Commissioner, the Executive Associate Commissioner for Field Operations is delegated authority and responsibility for implementing policies of the Service's field operations, and for providing general direction to and supervision of the regional directors and the Director of International Affairs. (2) Regional directors--(i) General. Under the direction and supervision of the Executive Associate Commissioner for Field Operations, the regional directors are delegated authority and responsibility for the Service's field operations within their respective geographical areas, and for providing direction to and supervision of the district directors and chief patrol agents within their respective regions. (ii) District directors. (A) District directors of offices located within the United States are under the direction and supervision of the regional director. District directors of foreign offices are under the direction and supervision of the Director of International Affairs. District directors are delegated authority to control all activities conducted within their offices and to supervise all personnel, except Service attorneys, assigned to their offices. (B) District directors are delegated the authority to grant or deny any application or petition submitted to the Service, except for matters delegated to asylum officers pursuant to part 208 and Sec. 253.1(f) of this chapter, or exclusively delegated to service center directors, to initiate any authorized proceeding in their respective districts, and to exercise the authorities under Secs. 242.1(a), 242.2(a) and 242.7 of this chapter without regard to geographical limitations. District directors are delegated authority to conduct the proceeding provided for in Sec. 252.2 of this chapter. (C) Applications filed for special agricultural worker or legalization status pursuant to sections 210 and 245a of the Act, respectively, may be approved by the district director having jurisdiction of the office where a second interview is required by the service center, if the alien in the second interview can establish eligibility for approval. District directors may deny applications for special agricultural worker or legalization status at offices under their jurisdiction. (D) Officers in charge--(1) General. Under the direction and supervision of the district director, officers in charge are delegated authority to control all activities conducted within their offices and to supervise all personnel assigned to their office. Officers in charge direct inspection activities at ports-of-entry and the authorization of extensions of nonimmigrant admission periods and of voluntary departure prior to the commencement of deportation hearings. The Officers in charge in the places enumerated in Sec. 212.1(i) of this chapter are delegated the authority to act on requests for waiver of visa and passport requirements under the provisions of section 212(d)(4)(A) of the Act. (2) The offices located in Oranjestaad, Aruba; Calgary, Alberta, Canada; Edmonton, Alberta, Canada; Freeport, Bahamas; Hamilton, Bermuda; Nassau, Bahamas; Shannon, Ireland; Toronto, Ontario, Canada; Vancouver, British Columbia, Canada; Victoria, British Columbia, Canada; Winnipeg, Manitoba, Canada; Dublin, Ireland; and such other preinspection or preclearance sites as the Service may establish in the future, are delegated authority to perform the function of preinspection of passengers and crews on aircraft and surface vessels, as appropriate, which are departing directly to the United States mainland. (3) The Officer in charge of the office in Montreal, Canada, is authorized to perform preinspection of passengers and crew of aircraft departing directly to the United States mainland and to authorize or deny waivers of grounds of excludability under section 212 (h) and (i) of the Act; also, to approve or deny applications for permission to reapply for admission to the United States after deportation or removal, when filed in conjunction with an application for waiver of grounds of excludability under section 212 (h) or (i) of the Act. (iii) Chief patrol agents. Under the direction and supervision of a regional director, chief patrol agents are delegated authority to direct the Border Patrol activities of the Service within their respective sectors, including exercising the authority in section 242(b) of the Act to permit aliens to depart voluntarily from the United States prior to commencement of a hearing. (3) Director of International Affairs--(i) General. Under the direction and supervision of the Executive Associate Commissioner for Field Operations, the Director of International Affairs is delegated authority to direct and supervise the foreign office district directors, to maintain the integrity and efficiency of the Service's international operations, and to administer programs related to refugee, asylum, and parole benefits. The Director of International Affairs is also responsible for the direction and supervision of overseas preinspection at sites, if any, for which the Commissioner has specifically delegated inspection authority to the Office of International Affairs. The Director serves as the principal liaison with foreign governments and other agencies of the United States in overseas locations. (ii) Asylum Officers. Asylum officers serve under the supervision and direction of the Director of International Affairs, and shall be specially trained as required in Sec. 208.1(b) of this chapter. Asylum officers are delegated the authority to hear and adjudicate applications for asylum and for withholding of deportation, as provided under part 208 and Sec. 253.1(f) of this chapter. (iii) Officer in Charge. The officers in charge of the offices located at Athens, Greece; Mexico City, Mexico; Ciudad Juarez, Mexico; Rome, Italy; Frankfurt, Germany; Moscow, Russia; Vienna, Austria; Tegucigalpa, Honduras; Bangkok, Thailand; Hong Kong, BCC; London, England; Manila, Philippines; Monterrey, Mexico; Nairobi, Kenya; New Delhi, India; Seoul, Korea; Singapore, Republic of Singapore; Tijuana, Mexico; Port-au-Prince, Haiti; Karachi, Pakistan; and such other overseas suboffices as the Service may establish in the future, are delegated authority to perform the following functions: (A) Authorize waivers of grounds of excludability under sections 212 (h) and (i) of the Act; (B) Adjudicate applications for permission to reapply for admission to the United States after deportation or removal, if filed by an applicant for an immigrant visa in conjunction with an application for waiver of grounds of excludability under section 212 (h) or (i) of the Act, or if filed by an applicant for a nonimmigrant visa under section 101(a)(15)(K) of the Act; (C) Approve or deny visa petitions for any relative; (D) Approve recommendations made by consular officers for waiver of grounds of excludability in behalf of nonimmigrant visa applicants under section 212(d)(3) of the Act and concur in proposed waivers by consular officers of the requirement of visa or passport by a nonimmigrant on the basis of unforeseen emergency in cases in which the Department of State had delegated recommending power to the consular officers; (E) Exercise discretion to grant or deny applications for the benefits set forth in sections 211 and 212(c) of the Act; (F) Process Form I-90 applications and deliver duplicate Forms I- 551; (G) Process Form N-565 applications and deliver certificates issued thereunder; and (H) Grant or deny applications of aliens seeking classification as refugees under section 207 of the Act. (h) Executive Associate Commissioner for Policy and Planning. Under the direction and supervision of the Deputy Commissioner, the Executive Associate Commissioner for Policy and Planning is delegated the authority to oversee the development and coordination of long-range planning activities, and policy formulation, codification, and dissemination within the Agency. The Executive Associate Commissioner is also responsible for informing and advising the Commissioner and the Deputy Commissioner on other issues which cross program lines or bear inter-agency implications. The Executive Associate Commissioner also serves as liaison with, and representative of, the Service to other organizations engaged in policy development in matters affecting the mission of the Service, research and statistics, and the exchange of statistical, scientific, technological data and research. (i) Executive Associate Commissioner for Management--(1) General. Under the direction and supervision of the Deputy Commissioner, the Executive Associate Commissioner for Management is delegated authority to plan, direct, and manage all aspects of the administration of the Service. The delegation includes the authority to develop and promulgate administrative policies and programs for all financial, human resource, administrative, and information resource matters of the Service. The Executive Associate Commissioner for Management is delegated the authority to settle tort claims of $25,000 or less than 28 U.S.C. 2672, and to compromise, suspend, or terminate collection of claims of the United States not exceeding $100,000 (exclusive of interest) under 31 U.S.C. 3711. The Executive Associate Commissioner for Management supervises the Directors of Security, Equal Employment Opportunity, and Files and Forms Management, the Associate Commissioner for Human Resources and Administration, the Associate Commissioner for Finance, the Associate Commissioner for Information Resources Management, and the Directors, Administrative Centers. (2) Director of Security. Under the direction and supervision of the Executive Associate Commissioner for Management, the Director of the Office of Security is delegated authority to develop policy, plan, direct, and coordinate the Service's security program. The Security program includes the application of safeguards in program areas of personnel security, physical security, information and document security, automated data processing and telecommunications security, and contingency planning related to threat, loss, or other serious emergency in any of these areas. (3) Director of Equal Employment Opportunity. Under the direction and supervision of the Executive Associate Commissioner for Management, the Director of Equal Employment Opportunity is delegated authority to develop policies and to implement and direct the Service's programs relating to equal employment opportunity for all employees and applicants. The Director is responsible for the Service's efforts to comply with provisions of the Civil Rights Act of 1964 and Department of Justice programs and directives affecting discrimination in employment. The Director supervises, coordinates, directs, and evaluates the affirmative employment and discrimination complaint program of the Service. (4) Director of Files and Forms Management. Under the direction and supervision of the Executive Associate Commissioner for Management, the Director of Files and Forms Management is delegated authority to develop policies, plan, coordinate, evaluate, counsel, and direct the Service's National Records Center, Forms Center, SAVE Program, centralized FOIA/PA, records policy, and correspondence files programs. (5) Associate Commissioner for Human Resources and Administration. Under the direction and supervision of the Executive Associate Commissioner for Management, the Associate Commissioner for Human Resources and Administration is delegated authority to develop policies, plan, develop, coordinate, evaluate, counsel, and direct the personnel, career development, contracting, engineering, facility, and administrative programs of the Service. The Associate Commissioner for Human Resources and Administration provides direction to, and supervision of, the: (i) Assistant Commissioner for Human Resources and Development; and (ii) Assistant Commissioner for Administration. (6) Associate Commissioner for Finance. Under the direction and supervision of the Executive Associate Commissioner for Management, the Associate Commissioner for Finance is delegated authority to develop policies, plan, develop, coordinate, evaluate, counsel, and direct the Service's resource requirements and utilization. The Associate Commissioner for Finance is responsible for all aspects of financial management, including budgeting, reporting, internal controls, and analysis. The Associate Commissioner for Finance is responsible for the presentation of internal reports to management, the preparation of external reports and certifications required by statute or regulation, and the representation of the Service before the Congress, and agencies of the Executive Branch on matters related to financial activities. The Associate Commissioner for Finance is also delegated authority to settle claims of $10,000 or less under 28 U.S.C. 2672 and to compromise, suspend, or terminate collection of claims of the United States not exceeding $50,000 (exclusive of interest) under 31 U.S.C. 3711. The Associate Commissioner for Finance provides direction to, and supervision of, the: (i) Associate Commissioner for Budget; and (ii) Assistant Commissioner for Financial Management. (7) Associate Commissioner for Information Resources Management. Under the direction and supervision of the Executive Associate Commissioner for Management, the Associate Commissioner for Information Resources Management is delegated authority to develop policies, plan, develop, coordinate, evaluate, counsel, manage and direct the Service's Automated Data Processing, Telecommunication, Radio, and Electronic programs. The Associate Commissioner for Information Resources Management provides direction to, and supervision of, the: (i) Assistant Commissioner for Data Systems; and (ii) Assistant Commissioner for Systems Integration. (8) Directors of Administrative Centers. Under the direction and supervision of the Executive Associate Commissioner for Management, the directors are delegated authority over the human resources, administrative, information resource, security, and financial activities of the Service within their respective area of responsibility. They are also delegated the authority to: (i) Settle tort claims of $10,000 or less under 28 U.S.C. 2672; and (ii) Compromise, suspend, or terminate collection of claims of the United States not exceeding $50,000 (exclusive of interest) under 31 U.S.C. 3711. (j) Immigration Officer. Any immigration officer, immigration inspector, immigration examiner, adjudications officers, Border Patrol agent, aircraft pilot, airplane pilot, helicopter pilot, deportation officer, detention enforcement officer, detention guard, investigator, special agent, investigative assistant, intelligence officer, intelligence agent, general attorney, applications adjudicator, contact representative, chief legalization officer, supervisory legalization officer, legalization adjudicator, legalization officer and legalization assistant, forensic document analyst, fingerprint specialist, immigration information officer, immigration agent (investigations), asylum officer, or senior or supervisory officer of such employees is hereby designated as an immigration officer authorized to exercise the powers and duties of such officer as specified by the Act and this chapter. Dated: October 27, 1994. Doris Meissner, Commissioner, Immigration and Naturalization Service. Note: Appendix A will not appear in the Code of Federal Regulations. BILLING CODE 4410-10-M![]()
TR22NO94.004 [FR Doc. 94-28697 Filed 11-21-94; 8:45 am] BILLING CODE 4410-10-C