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HR 3918 IH

106th CONGRESS

2d Session

H. R. 3918

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

IN THE HOUSE OF REPRESENTATIVES

March 14, 2000

Mr. ROGERS (for himself, Mr. SMITH of Texas, and Mr. REYES) introduced the following bill; which was referred to the Committee on the Judiciary


A BILL

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

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE- This Act may be cited as the `Immigration Reorganization and Improvement Act of 1999'.

(b) TABLE OF CONTENTS- The table of contents of this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Establishment of Bureau of Immigration Services.

Sec. 3. Establishment of Bureau of Immigration Enforcement.

Sec. 4. Exercise of authorities.

Sec. 5. Savings provisions.

Sec. 6. Transfer and allocation of appropriations and personnel.

Sec. 7. Statutory construction.

Sec. 8. Reports and implementation plans.

Sec. 9. Definitions.

Sec. 10. Effective date; transition.

SEC. 2. ESTABLISHMENT OF BUREAU OF IMMIGRATION SERVICES.

(a) ESTABLISHMENT OF BUREAU-

(1) IN GENERAL- There is established in the Department of Justice a bureau to be known as the Bureau of Immigration Services (in this section referred to as the `Service Bureau').

(2) DIRECTOR- The head of the Service Bureau shall be the Director of the Bureau of Immigration Services who--

(A) shall be appointed by the President, by and with the advice and consent of the Senate;

(B) shall report directly to the Attorney General or her delegate; and

(C) shall have a minimum of 10 years experience in providing services or processing applications for benefits, or both, with at least 5 of those years in management, or shall have comparable management experience.

(3) COMPENSATION- Such Director shall be paid at the rate of basic pay payable for level IV of the Executive Schedule (as listed in section 5315 of title 5, United States Code).

(4) FUNCTIONS- Such Director shall perform such functions as are transferred to the Director by this section or this Act or otherwise vested in the Director by law.

(b) TRANSFER OF FUNCTIONS- There are transferred from the Commissioner of the Immigration and Naturalization Service to the Director of the Bureau of Immigration Services all functions performed under the following programs, and all personnel, infrastructure, and funding provided to the Commissioner in support of such programs immediately before the effective date of this section:

(1) Adjudications of nonimmigrant and immigrant visa petitions.

(2) Adjudications of naturalization petitions.

(3) Adjudications of asylum and refugee applications.

(4) Adjudications performed at Service centers.

(5) All other adjudications under the Immigration and Nationality Act performed by the Immigration and Naturalization Service as of the date of the enactment of this Act.

(c) CHIEF FINANCIAL OFFICER FOR THE BUREAU OF IMMIGRATION SERVICES- There shall be a position of Chief Financial Officer for the Bureau of Immigration Services and this position shall be a career reserved position within the Senior Executive Service and shall have the authorities and functions described in section 902 of title 31, United States Code, in relation to financial activities of the Service Bureau. The provisions of section 903 of such title (relating to Deputy Chief Financial Officers) shall also apply to such Bureau in the same manner as the previous sentence applies to such Bureau.

(d) REFERENCES- With respect to any function transferred from the Commissioner of the Immigration and Naturalization Service by this section or Act to, and exercised on or after the effective date of this section by, the Services Bureau, reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or pertaining to an office from which a function is so transferred--

(1) to the head of such office is deemed to refer to the Director of the Bureau of Immigration Services; or

(2) to such office is deemed to refer to the Services Bureau.

SEC. 3. ESTABLISHMENT OF BUREAU OF IMMIGRATION ENFORCEMENT.

(a) ESTABLISHMENT OF BUREAU-

(1) IN GENERAL- There is established in the Department of Justice a bureau to be known as the Bureau of Immigration Enforcement (in this section referred to as the `Enforcement Bureau').

(2) DIRECTOR- The head of the Enforcement Bureau shall be the Director of the Bureau of Immigration Enforcement who--

(A) shall be appointed by the President, by and with the advice and consent of the Senate;

(B) shall report directly to the Attorney General or her delegate; and

(C) shall have a minimum of 10 years experience in law enforcement, with at least 5 of those years in management, or shall have comparable management experience.

(3) COMPENSATION- Such Director shall be paid at the rate of basic pay payable for level IV of the Executive Schedule (as listed in section 5315 of title 5, United States Code).

(4) FUNCTIONS- Such Director shall perform such functions as are transferred to the Director by this section or Act or otherwise vested in the Director by law.

(b) TRANSFER OF FUNCTIONS- There are transferred from the Commissioner of the Immigration and Naturalization Service to the Director of the Bureau of Immigration Enforcement all functions performed under the following programs, and all personnel, infrastructure, and funding provided to the Commissioner in support of such programs immediately before the effective date of this section:

(1) The Border Patrol program.

(2) The detention and deportation program.

(3) The intelligence program.

(4) The investigations program.

(5) The inspections program.

(c) CHIEF FINANCIAL OFFICER FOR THE BUREAU OF IMMIGRATION ENFORCEMENT- There shall be a position of Chief Financial Officer for the Bureau of Immigration Enforcement and this position shall be a career reserved position within the Senior Executive Service and shall have the authorities and functions described in section 902 of title 31, United States Code, in relation to financial activities of the Enforcement Bureau. The provisions of section 903 of such title (relating to Deputy Chief Financial Officers) shall also apply to such Bureau in the same manner as the previous sentence applies to such Bureau.

(d) REFERENCES- With respect to any function transferred from the Commissioner of the Immigration and Naturalization Service by this section or Act to, and exercised on or after the effective date of this section by, the Director of the Bureau of Immigration Enforcement, any reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or pertaining to an office from which a function is so transferred--

(1) to the head of such office is deemed to refer to the Director of the Bureau of Immigration Enforcement; or

(2) to such office is deemed to refer to the Enforcement Bureau.

SEC. 4. EXERCISE OF AUTHORITIES.

Except as otherwise provided by law, a Federal official to whom a function is transferred by this Act may, for purposes of performing the function, exercise all authorities under any other provision of law that were available with respect to the performance of that function to the official responsible for the performance of the function immediately before the effective date of the transfer of the function under this Act.

SEC. 5. SAVINGS PROVISIONS.

(a) LEGAL DOCUMENTS- All orders, determinations, rules, regulations, permits, grants, loans, contracts, agreements, certificates, licenses, and privileges--

(1) that have been issued, made, granted, or allowed to become effective by the President, the Attorney General, the Commissioner of the Immigration and Naturalization Service, their delegates, or any other Government official, or by a court of competent jurisdiction, in the performance of any function that is transferred by this Act; and

(2) that are in effect on the effective date of such transfer (or become effective after such date pursuant to their terms as in effect on such effective date);

shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, any other authorized official, a court of competent jurisdiction, or operation of law.

(b) PROCEEDINGS- Sections 2 and 3 and this section shall not affect any proceedings or any application

for any benefits, service, license, permit, certificate, or financial assistance pending on the effective date specified in section 10 before an office whose functions are transferred by this Act, but such proceedings and applications shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this Act had not been enacted, and orders issued in any such proceeding shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. Nothing in this section shall be considered to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this section had not been enacted.

(c) SUITS- This Act shall not affect suits commenced before the effective date specified in section 10, and in all such suits, proceeding shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this Act had not been enacted.

(d) NONABATEMENT OF ACTIONS- No suit, action, or other proceeding commenced by or against the Department of Justice or the Immigration and Naturalization Service, or by or against any individual in the official capacity of such individual as an officer or employee in connection with a function transferred by this section, shall abate by reason of the enactment of this Act.

(e) CONTINUANCE OF SUITS- If any Government officer in the official capacity of such officer is party to a suit with respect to a function of the officer and under this Act such function is transferred to any other officer or office, then such suit shall be continued with the other officer or the head of such other office, as applicable, substituted or added as a party.

(f) ADMINISTRATIVE PROCEDURE AND JUDICIAL REVIEW- Except as otherwise provided by this Act, any statutory requirements relating to notice, hearings, action upon the record, or administrative or judicial review that apply to any function transferred by this Act shall apply to the exercise of such function by the head of the office, and other officers of the office, to which such function is transferred by such section.

SEC. 6. TRANSFER AND ALLOCATION OF APPROPRIATIONS AND PERSONNEL.

(a) IN GENERAL- The personnel of the Department of Justice employed in connection with the functions transferred by this section (and functions that the Attorney General determines are properly related to the functions of the Bureau of Immigration Services or Bureau of Immigration Enforcement would, if so transferred, further the purposes of the respective Bureau), and the assets, liabilities, contracts, property, records, and unexpended balance of appropriations, authorizations, allocations, and other funds employed, held, used, arising from, available to, or to be made available to the Immigration and Naturalization Service in connection with the functions transferred by this Act, subject to section 202 of the Budget and Accounting Procedures Act of 1950, shall be transferred to the Bureau for appropriate allocation by the Director of the Bureau of Immigration Services and Director of the Bureau of Immigration Enforcement, respectively. Unexpended funds transferred pursuant to this subsection shall be used only for the purposes for which the funds were originally authorized and appropriated. The Attorney General shall retain the right to adjust or realign transfers of funds and personnel effected pursuant to this Act for a period of 2 years after the date of the establishment of the Bureaus.

(b) EFFECT ON PERSONNEL-

(1) EFFECT ON INDIVIDUAL EMPLOYEES- The transfer under this Act of full-time personnel (except special Government employees) and part-time personnel holding permanent positions shall not cause any such employee to be separated or reduced in grade or compensation for 1 year after the date of transfer to the Bureau involved.

(2) COMPENSATION LEVELS- All transfers of personnel under this Act shall be consistent with employee pay and grade retention entitlement under subchapter VI of chapter 53 of title 5, United States Code, and shall not be reduced for any individual in a career position in the civil service, as of the date of the enactment of this Act.

(3) SENIOR EXECUTIVE SERVICE- A person who, on the day preceding the effective date in section 10, holds a career Senior Executive Service position in the Immigration and Naturalization Service shall be appointed, without a break in service, to a similar or like position in the Bureau of Immigration Services or the Bureau of Immigration Enforcement if the person meets the minimum qualifications of such position.

(c) NUMBER OF AUTHORIZED PERSONNEL- Nothing in this Act shall be interpreted to decrease the number of authorized positions within each program as it exists on the date of the enactment of this Act in the Immigration and Naturalization Service.

(d) DELEGATION AND ASSIGNMENT- Except as otherwise expressly prohibited by law or otherwise provided

in this Act, the Director of the Bureau of Immigration Services and the Director of the Bureau of Immigration Enforcement to whom functions are transferred under this Act may delegate any of the functions so transferred to such officers and employees of the Bureau of Immigration Services and the Bureau of Immigration Enforcement, respectively, as such Director may designate, and may authorize successive redelegations of such functions as may be necessary or appropriate. No delegation of functions under this subsection or under any other provision of this Act shall relieve the official to whom a function is transferred under this Act of responsibility for the administration of the function.

(e) AUTHORITIES OF ATTORNEY GENERAL-

(1) INCIDENTAL TRANSFERS- The Attorney General (or a delegate of the Attorney General), at such time or times as the Attorney General (or the delegate) shall provide, may make such determinations as may be necessary with regard to the functions transferred by this Act, and to make such additional incidental dispositions of personnel, assets, liabilities, grants, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising from, available to, or to be made available in connection with such functions, as may be necessary to carry out the provisions of this Act. The Attorney General shall provide for such further measures and dispositions as may be necessary to effectuate the purposes of this Act.

(2) TREATMENT OF SHARED RESOURCES- The Attorney General is authorized to provide for an appropriate allocation, or coordination, or both, of resources involved in supporting shared support functions for the Bureau of Immigration Services, the Bureau of Immigration Enforcement, and offices within the Department of Justice. Such shared support functions may include information resources management, human resources and training, security, records and forms management, equal opportunity activities, and facilities and procurement administration. The Attorney General, through the Justice Management Division, shall maintain oversight and control over the shared computer databases and systems and records management.

SEC. 7. STATUTORY CONSTRUCTION.

Nothing in this Act may be construed to preclude or limit in any way the powers, authorities, or duties of the Secretary of State and special agents of the Department of State and the Foreign Service under the State Department Basic Authorities Act of 1956, the Immigration and Nationality Act, or any other Act to investigate illegal passport or visa issuance or use.

SEC. 8. REPORTS AND IMPLEMENTATION PLANS.

(a) DIVISION OF FUNDS- The Attorney General, not later than 120 days after the date of the enactment of this Act, shall submit to the Committees on Appropriations of the House of Representatives and of the Senate a report on the proposed division and transfer of funds, including unexpended funds, appropriations, and fees, between the Bureau of Immigration Services and the Bureau of Immigration Enforcement. Not later than 60 days after the date of submittal of such report, each Bureau shall submit to such Committees an operating plan of resources allocated, by object class and decision unit structure.

(b) DIVISION OF PERSONNEL- The Attorney General, not later than 120 days after the date of the enactment of this Act, shall submit to the Committees on Appropriations and the Judiciary of the House of Representatives and of the Senate a report on the proposed division of personnel between such Bureaus.

(c) IMPLEMENTATION PLAN- The Attorney General, not later than 120 days after the date of the enactment of this Act, shall submit to the Committees on Appropriations and the Judiciary of the House of Representatives and of the Senate a plan to carry out this Act. The plan should include details concerning the separation of the Bureaus and address the issues of chain of command, shared services, file and data management and oversight, financial management systems, procedures for interaction between the two Bureaus, fraud detection and investigation, organizational structure, and establishment of a transition team. The plan should also include ways to phase in the costs of separating the administration support systems of the Immigration and Naturalization Service in order to provide for separate administrative support systems for such Bureaus where such systems are best provided for separately.

(d) DETENTION- The Attorney General shall, not later than 180 days after the date of the enactment of this Act, submit to the Committees on Appropriations of the House of Representatives and of the Senate a plan to transfer the detention operations of the Bureau of Immigration Enforcement (established under section 3) to the Federal Prison System. The plan should specifically address the detention of criminal aliens, non-criminal aliens, and asylum seekers and should outline the steps necessary for the transfer to occur not later than 4 years after the date the plan is submitted.

SEC. 9. DEFINITIONS.

For purposes of this Act:

(1) The term `function' includes any duty, obligation, power, authority, responsibility, right, privilege, activity, or program.

(2) The term `office' includes any office, administration, agency, bureau, institute, council, unit, organizational entity, or component thereof.

SEC. 10. EFFECTIVE DATE; TRANSITION.

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

END

 


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