The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS” mentioning the U.S. Dept of State was published in the Senate section on pages S9689-S9692 on Aug. 31, 1998.
The publication is reproduced in full below:
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. CAMPBELL:
S. 2427. A bill to amend the Omnibus Parks and Public Lands Management Act of 1996 to extend the legislative authority for the Black Patriots Foundation to establish a commemorative work; to the Committee on Energy and Natural Resources.
BLACK REVOLUTIONARY WAR PATRIOTS MEMORIAL
Mr. CAMPBELL. Mr. President, today I introduce legislation that seeks to extend the legislative authority for the construction of the Black Revolutionary War Patriots Memorial and for the Foundation raising funds to construct the memorial.
Mr. President, in 1986, the Congress enacted and President Reagan signed into law, legislation establishing a Black Revolutionary War Patriots Memorial, a memorial to honor the more than 5,000 African-
Americans who fought for this country during the Revolutionary War. In order to appropriately recognize the bravery and sacrifice of these honorable and distinguished patriots, Public Law 99-558 sought to establish a suitable memorial, a monument which will be located on the Mall here in Washington, DC. When complete, the memorial will be the first monument on the Mall to be dedicated solely to the accomplishments of African-Americans.
The centerpiece of P.L. 99-558 was the establishment of the Black Revolutionary War Patriots Foundation, as a not-for-profit organization whose sole charter is to raise the necessary funding for the costs associated with constructing the memorial.
When enacted, the foundation was authorized to operate for a period of 10 years. In 1996, I introduced legislation which provided an additional 2-year extension of the legislative authority for the establishment of the memorial. While the foundation has raised a substantial amount of funding, it remains short of its $9.5 million goal. The bill I introduce today would allow for a second and final extension which will provide the foundation with valuable time to complete its fundraising.
Mr. President, this memorial serves a noble purpose, honoring the service and patriotism of individuals long deserving of this praise and I strongly support the ongoing efforts for its establishment. Likewise, I am proud that the sculptor who has been commissioned to design this memorial, Ed Dwight, is not only from my home state of Colorado, but is also the first African-American astronaut trainee. Mr. Dwight is an accomplished artist residing in Denver and his work is known across the world. I would very much like to see his design for the Black Revolutionary War Patriots Memorial become one of the memorials situated among many of this country's most distinguished monuments.
Mr. President, I believe Congress has demonstrated its commitment to the establishment of the Black Revolutionary War Patriots Memorial by authorizing its construction 10 years ago. It is my hope this legislation will receive the full, expeditious support of the Senate.
Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.
There being no objection, the bill was ordered to be printed in the Record, as follows:
S. 2427
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. BLACK REVOLUTIONARY WAR PATRIOTS MEMORIAL.
Section 506 of the Omnibus Parks and Public Lands Management Act of 1996 (40 U.S.C. 1003 note; 110 Stat. 4155) is amended by striking ``1998'' and inserting ``2000''.
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By Mr. KENNEDY (by request):
S. 2428. A bill to provide for the restructuring of the Immigration and Naturalization Service, and for other purposes; to the Committee on the Judiciary.
THE IMMIGRATION AND NATURALIZATION SERVICE RESTRUCTURING ACT OF 1998
Mr. KENNEDY. Mr. President, it is a privilege on behalf of the administration to introduce the Immigration and Nationalization Service Restructuring Act of 1998, and I urge the Senate to support it. The purpose of the act is to strengthen the enforcement of the Nation's immigration laws at the borders and in other parts of the country, and also to strengthen the many immigration and citizenship services that the INS provides.
The Nation has a long and distinguished history of welcoming immigrants and refugees who come to this country legally. But because the United States is widely viewed around the world as a land of extraordinary economic opportunities, these opportunities are often a magnet for illegal immigration. The Immigration and Naturalization Service has two equally important missions. It provides services and benefits to immigrants and refugees eligible for assistance under our laws, and it enforces the laws that prevent illegal immigration.
In recent years, the effectiveness of the INS in carrying out these two complex and often competing missions has been increasingly criticized. Many critics say that the agency is suffering from
``mission overload'' and proposals have been made to dismantle the agency and assign its responsibilities to other parts of the Federal Government.
One such proposal was made by the Commission on Immigration Reform, which conducted a comprehensive study of the functions and capabilities of the INS. The Commission's report contains some well-reasoned findings and excellent recommendations. However, the Commission's proposal for structural reform is highly controversies because it seeks to reassign core INS responsibilities to other federal agencies, the services and benefits function would be assigned to the Department of State, and the enforcement function would be assigned to the Department of Justice.
Under Commissioner Doris Meissner's impressive leadership, the Immigration and Naturalization Service has made significant progress in identifying its problems, developing strategies to correct them, and implementing successful reforms. A prime example is the significant achievements of the INS in expediting the asylum process. Today, asylum applications are processed in weeks, not months, and legitimate refugees fleeing persecution are granted prompt asylum.
Nonetheless, Commissioner Meissner is the first to admit that the agency faces continuing serious challenges that impede the agency's ability to carry out its basic responsibilities. The most significant problems are insufficient accountability between field offices and headquarters, the lack of consistency in its actions, the need for greater professionalism overlapping internal responsibilities, and weaknesses in regional and local management.
The administration has concluded, and I agree, that the most effective way to address these problems is by modifying the agency, not dismantling it. After considerable study and analysis, the administration has developed worthwhile reforms to address the problems.
The Immigration and Nationalization Service Restructuring Act of 1998 will untangle the overlapping and often confusing organizational structure of the INS and replace it with two clear chains of command--
one for enforcement and the other for the provision of services. These two equally important divisions will report, through their respective directors, to the INS Commissioner. The proposed act will maintain the integrity of the agency, and preserve its vast knowledge, skills and abilities, and use them in a more effective and efficient framework.
I urge my colleagues to support this approach and approve this needed and important legislation.
Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.
There being no objection, the bill was ordered to be printed in the Record, as follows:
S. 2428
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Immigration and Naturalization Service Restructuring Act of 1998''.
SEC. 2. PURPOSES.
The purposes of this Act are to:
(1) Advance the effective enforcement of our immigration laws at our borders and in the interior, and the efficient provision of immigration and citizenship services.
(2) Untangle the overlapping and frequently confusing organizational structure of INS' by replacing it with two clear operational chains of command--one for enforcement and one for providing services--from the highest level of the agency to the lowest.
(3) Create two parallel operational divisions which can each focus on its unique management, knowledge, skills and abilities, while also retaining the essential functions for guiding and coordinating these operations.
(4) Improve customer-oriented immigrant services by--
(A) creating new local service offices;
(B) establishing new, distinct lines of accountability of authority for services;
(C) setting clear standards for customer service; and
(D) using technology to improve efficiency and customer service.
(5) Strengthen enforcement operations by--
(A) establishing a single, coordinated enforcement mission;
(B) integrating enforcement, and strengthening accountability;
(C) organizing enforcement areas by function, including Border Patrol, inspections, investigations and removals, detention and enforcement support; and
(D) developing overtime pay parity with other Federal law enforcement agencies.
(6) Provide for efficient integration of service and enforcement by--
(A) creating an administrative and technical backbone of support for enforcement and service; and
(B) developing and managing essential immigration records, computer systems, training, and shared administrative functions.
SEC. 3. DEFINITIONS.
For purposes of this Act, the following definitions shall apply:
(1) The term ``INA'' refers to the Immigration and Nationality Act of 1952, as amended up to the effective date of this Act.
(2) The term ``INS'' means the Immigration and Naturalization Service.
SEC. 4. EFFECTIVE DATE.
Except as otherwise provided by this Act, this Act shall take effect on October 1, 2000.
TITLE I--AGENCY ORGANIZATION
SEC. 101. AGENCY ORGANIZATION.
(a) The Immigration and Naturalization Service [the Service] shall be responsible for administering the immigration laws of the United States. The Service will be organized in a way that ensures the effective implementation of enforcement strategies at the border, the interior of the country, and overseas, and the timely and efficient provision of immigrant services and benefits with complete integrity. The Service will be structured along programmatic lines and composed of an--
(1) Office of Immigrant Services;
(2) Office of Enforcement Operations; and
(3) Office of Shared Services.
(b) Headquarters Operations.--The Service will be led by a Commissioner and Deputy Commissioner who will focus on immigration enforcement and service policy and establish a framework to implement national priorities. In addition, headquarters operations will be responsible for policy formulation, strategic planning and the development of agency goals, objectives and performance targets; agency-wide management support and coordination; budget formulation and execution; public affairs; Congressional relations; general counsel; and internal audit.
(1) Chief financial officer.--A Chief Financial Officer
(CFO) will be established for the effective and efficient management and accountability of Service resources. The CFO will coordinate budget formulation, execution and agency-wide financial management operations. To address the Service's diverse funding sources, the CFO will ensure sound agency-wide financial management systems and processes. The CFO will ensure that immigrant services and enforcement operations have clearly separated and defined resource streams.
(2) Strategic planning and statistical measures.--A director of the strategy unit will be responsible for policy formulation, developing the long-term strategy for the Service and facilitating the process of designing programs to execute that strategy, in consultation with the offices of Immigrant Services, Enforcement Operations and Shared Services. This office will create long-range strategic and performance measurement plans, in cooperation with relevant program components. In addition, this office will be responsible for establishing and strengthening Federal immigration statistical policy and measurement operations.
(c) The Office of Immigrant Services will be headed by an Executive Associate Commissioner (EAC), a Senior Executive who will report directly to the Office of the Commissioner. The EAC will be responsible for establishing an operational chain of command dedicated solely to immigration services, focusing comprehensively on providing quality, timely and efficient services to the immigrant community and institutions requiring immigrant services. The EAC will be responsible for all aspects of INS service and benefit operations and the Office of Immigration Services will be organized around four functional goals:
(1) Ensuring timely processing and courteous service for the immigrant community through nationally established customer service standards.
(2) Providing efficient, accurate benefit processing from remote service centers, and service area operations.
(3) Ensuring secure documents with uncompromising integrity.
(4) Serving the refugee and asylee population through humane and timely service and benefits. Additionally, the EAC is responsible for coordinating, with the Office of Shared Services, the effective acquisition and utilization of shared support items including information technology, financial management, facility construction, personnel and training. The responsibilities and duties of the Director of the Office of Immigrant Services shall include:
(A) Service area operations.--Service area operations will be located in immigrant communities around the United States. The EAC will develop and maintain performance measures to ensure that offices within each area provide efficient and consistent service, while maintaining the integrity of application processing. These offices will provide a variety of services to applicants, including fingerprinting, photographing, and interviewing applicants. Some offices will be configured as full-service offices and others will serve as satellite locations. All will have a standard appearance with customer-oriented features.
(B) Service center operations.--Service center operations will include centralized automated processing and adjudication for applications and petitions that do not require immigrant interviews. In addition, the service centers will provide front-end fee receipt, data entry and scheduling for applications and petitions that require interviews.
The EAC will be responsible for the collection of all management reporting information relative to the service centers, for budget formulation and execution for the service center budgets, for ensuring the accuracy and quality control of the adjudication of benefits at the service centers, for all employee hiring and grievance issues at the centers and for monitoring, overseeing and executing the mail file and data entry operations. The EAC will also coordinate with the CFO on financial management.
(C) Telephone center operations.--The Service will operate a coordinated telephone assistance system to respond to customer inquiries. The EAC will be responsible for designing and operating a telephone system that relies on all assets of the Service to ensure that customer inquiries are promptly and accurately addressed. This will include operating and maintaining the telephone centers, any contract call-answering facilities, and utilizing an overflow telephone call assistance capacity designed to access information officers at the service centers as needed.
(d) The Office of Enforcement Operations will be headed by an Executive Associate Commissioner (EAC), a Senior Executive who will report directly to the Office of the Commissioner. The EAC will be responsible for establishing an operational chain of command dedicated solely to immigration enforcement, focusing comprehensively on illegal immigration problems at the border and in the interior of the United States, and ensuring better linkages of enforcement operations through a single point of accountability for performance. The EAC will be responsible for all aspects of the Service's enforcement and border management operations including international enforcement efforts and will be organized around 4 functional goals: managing by the Border Patrol of the border between ports-of-entry; conducting inspections and managing all port of entry operations; overseeing investigations and removals; and coordinating and managing detention and enforcement support. Additionally, the EAC is responsible for coordinating, with the Office of Shared Services, the effective acquisition and utilization of shared support items including information technology, financial management, facility construction, personnel and training. The responsibilities and duties of the EAC will include:
(1) Border management.--By placing both Border Patrol and Inspection activities under a single EAC, the Service will be able to provide seamless border enforcement along the Nation's borders, and will be better able to coordinate operations with other Federal and governmental agencies along the border.
(A) The Border Patrol will perform its current border management and control functions of deterring illegal immigration and apprehending illegal aliens between ports of entry. In addition, the Border Patrol will continue to work with Federal, State, and local law enforcement agencies to effectively administer laws related to the interdiction of drug trafficking activities.
(B) Port of Entry management is a key component of border management due to the interrelationship between activities at and between land border ports of entry. The EAC will be operationally responsible for carrying out these duties in compliance with applicable law and policy and will be responsible for effectively monitoring resource utilization and maintaining accurate performance measures for these activities.
(2) Interior enforcement and removals.--The EAC will be responsible for consolidating investigations, intelligence and deportation functions into one coordinated multidisciplinary component to focus on illegal alien removals and to vigorously combat immigration document fraud, smuggling, and illegal employment in the workplace. This consolidated approach will ensure swift and proper apprehension, incarceration, and removal of those illegally residing and working in this country.
(3) Detention and enforcement support.--The EAC will be responsible for ensuring logistical coordination for the incarceration and transportation of criminal and illegal aliens. The director will be responsible for effectively managing the Service's bed space at both Service-owned and contract detention facilities. Additionally, the director will be responsible for effectively acquiring bed space from State and local entities to ensure the Service can detain and transport individuals it apprehends.
(e) The Office of Shared Services will be headed by an Executive Associate Commissioner (EAC), a Senior Executive who will report directly to the Office of the Commissioner. The EAC will be responsible for establishing an operational chain of command dedicated to meeting the support requirements for both the enforcement and service operational components. The EAC will be responsible for the effective provision of shared administrative and support services to ensure that each side of the agency has the appropriate administrative and technological tools to do its jobs in the most effective and cost-efficient way. The EAC will accomplish this through 4 functional goals: establishing and maintaining a records management system that accurately and efficiently documents immigration status; ensuring information and enforcement technology enhancements and initiatives are developed and maintained to operational component specifications; building and maintaining a superior recruiting, hiring and training operation to meet Service employment requirements; and building and managing a Service physical plant to adequately support agency housing needs. The EAC will also coordinate with the CFO on financial management. The responsibilities and duties of the EAC will include:
(1) Automation and technology.--The EAC will be responsible for ensuring that the Service establishes and maintains state-of-the-art information resources capability to carry out agency enforcement and service functions. The EAC will be responsible for deploying and monitoring technology and ensuring that the Service's workforce operates as effectively as possible with these tools. The EAC will also establish and promulgate agency-wide policy relative to the acquisition and deployment of technology capabilities in coordinating with the operational components of the Service.
(2) Centralized records management.--The EAC will be responsible for maintaining a centralized repository for all Service records and will be responsible for establishing a greater level of data integrity in existing electronic records and managing the transition to an electronic records environment.
(3) Personnel and training.--The EAC will be responsible for tracking the hiring of all categories of Service personnel and ensuring that all employees receive proper training in a timely manner. Specialized training courses and a full spectrum of basic, advanced, and continuing education will be established to ensure a professional workforce.
(4) Administrative support.--The EAC will be responsible, in coordination with the operational components of the Service, for planning, constructing, and renovating all required Service facilities and equipment, including Border Patrol stations, detention facilities, Immigrant Services offices and general support office space. The EAC will also be responsible for logistics; procurement; and environmental, occupational and health activities of the Service.
SEC. 102. SAVINGS PROVISIONS.
(a) Legal Documents.--All orders, determinations, rules, regulations, permits, grants, loans, contracts, agreements, certificates, licenses, and privileges--
(1) that have been issued, made, granted, or allowed to become effective by the President, the Attorney General, the Commissioner of the INS, or any other Government official, or by a court of competent jurisdiction, in the performance of any function that is transferred; and
(2) that are in effect on the effective date of such transfer (or become effective after such date pursuant to their terms as in effect on such effective date); shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, any other authorization official, a court of competent jurisdiction, or operation of law.
(b) Proceedings.--This Act shall not affect any proceedings including proceedings before the Executive Office for Immigration Review and any application for any benefits, service, license, permit, certificate, or financial assistance pending on the date of the enactment of this Act before an office whose functions are transferred by this Act, but such proceedings and applications shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this Act had not been enacted, and orders issued in any such proceeding shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. Nothing in this subsection shall be considered to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this Act had not been enacted.
(c) Suits.--This Act shall not affect suits commenced before the date of enactment of this Act, and in all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this Act had not been enacted.
(d) Nonabatement of Actions.--No suit, action, or other proceeding commenced by or against the Department of Justice or the Immigration and Naturalization Service, or by or against any individual in the official capacity of such individual as an officer or employee in connection with a function transferred by the Act, shall abate by reason of the enactment of this Act.
(e) Continuance of Suits.--If any Government officer in the official capacity of such officer is party to a suit with respect to a function of the officer, and under this Act such function is transferred to any other officer or office, then such suit shall be continued with the other officer or the head of such other office, as applicable, substituted or added as a party.
(f) Administrative Procedure and Judicial Review.--Except as otherwise provided by this Act, any statutory requirements relating to notice, hearings, action upon the record, or administrative or judicial review that apply to any function transferred by this Act shall apply to the exercise of such function by the head of the office, and other officers of the office, to which such function is transferred by this Act.
(g) Department of State.--Nothing in this Act shall be construed to preclude or limit in any way the powers, authorities, or duties of special agents of the Department of State and the Foreign Service under section 2709 of title 22, United States Code, or of the Secretary of State under section 4801, et seq. of title 22, United States Code, to investigate illegal passport or visa issuance or use.
SEC. 103. COMMISSIONER COMPENSATION.
Effective as of the day following the date on which the present incumbent in the office of the Commissioner ceases to serve as such, the Commissioner of the Immigration and Naturalization Service shall receive compensation at the rate prescribed for level III of the Federal Executive Salary Schedule (section 5314 of title 5, United States Code).
TITLE II--CONFORMING AMENDMENTS
SEC. 201. CONFORMING AMENDMENTS.
(a) Section 103(e)(2) of the INA, 8 U.S.C. section 1103(e)(2), is amended by striking ``district office of the Service'' and inserting ``designated office of the Immigration and Naturalization Service''.
(b) Section 242(b)(3)(A) of the INA, 8 U.S.C. section 1252(b)(3)(A), is amended by striking ``Service district'' and inserting ``designated office of the Immigration and Naturalization Service''.
(c) Section 316 of the INA, 8 U.S.C. section 1427, is amended--
(1) in subsection (a) by striking ``district of the Service'' and inserting ``area serviced by the designated office of the Immigration and Naturalization Service''; and
(2) in subsection (f)(1) by striking ``district of the Service'' and inserting ``area serviced by the designated office of the Immigration and Naturalization Service''.
(d) Section 319 of the INA, 8 U.S.C. section 1430, is amended--
(1) in subsection (a) by striking ``district of the Service'' and inserting ``area serviced by the designated office of the Immigration and Naturalization Service'';
(2) in subsection (b)(3) by striking ``district of the Service'' and inserting ``area serviced by the designated office of the Immigration and Naturalization Service'';
(3) in subsection (c)(5) by striking ``district of the Service'' and inserting ``area serviced by the designated office of the Immigration and Naturalization Service''; and
(4) in subsection (d) by striking ``district of the Service'' and inserting ``area serviced by the designated office of the Immigration and Naturalization Service''.
(e) Section 324 of the INA, 8 U.S.C. section 1435(a)(1), is amended by striking ``district of the Service'' and inserting
``area serviced by the designated office of the Immigration and Naturalization Service''.
(f) Section 328 of the INA, 8 U.S.C. section 1439, is amended--
(1) in subsection (a) by striking ``district of the Service'' and inserting ``area serviced by the designated office of the Immigration and Naturalization Service'';
(2) in subsection (b)(1) by striking ``district of the Service'' and inserting ``area serviced by the designated office of the Immigration and Naturalization Service''; and
(3) in subsection (c) by striking ``district of the Service'' and inserting ``area serviced by the designated office of the Immigration and Naturalization Service''.
(g) Section 329(b)(2) of the INA, 8 U.S.C. 1440(b)(2), is amended by striking ``district of the Service'' and inserting
``area serviced by the designated office of the Immigration and Naturalization Service''.
(h) Section 335(f) of the INA, 8 U.S.C. section 1446(f), is amended by striking ``district of the Service'' each time the phrase appears and inserting ``area serviced by the designated office of the Immigration and Naturalization Service''.
(i) Section 338 of the INA, 8 U.S.C. section 1449, is amended by striking ``district office of the Service'' and inserting ``designated office of the Immigration and Naturalization Service''.
(j) Section 339(b) of the INA, 8 U.S.C. section 1450(b), is amended by striking ``district office of the Service'' and inserting ``designated office of the Immigration and Naturalization Service''.
(k) Section 404 of the INA, 8 U.S.C. section 1101, note, is amended--
(1) in subsection (b)(2)(A)(i) by striking ``a district director of the Service'' and inserting ``a designated Immigration and Naturalization Service officer''; and
(2) in subsection (b)(2)(A)(iii) by striking ``in a district'' and inserting ``in a designated office of the Immigration and Naturalization Service''.
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