[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]


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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guidelines, and which are outdated approaches to handing records and 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.
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TR22NO94.004

[FR Doc. 94-28697 Filed 11-21-94; 8:45 am]
BILLING CODE 4410-10-C