[House Report 107-419]
[From the U.S. Government Publishing Office]
107th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 107-419
======================================================================
PROVIDING FOR CONSIDERATION OF H.R. 3231, BARBARA JORDAN IMMIGRATION
REFORM AND ACCOUNTABILITY ACT OF 2002
_______
April 24, 2002.--Referred to the House Calendar and ordered to be
printed
_______
Mr. Linder, from the Committee on Rules, submitted the following
R E P O R T
[To accompany H. Res. 396]
The Committee on Rules, having had under consideration
House Resolution 396, by a nonrecord vote, report the same to
the House with the recommendation that the resolution be
adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for the consideration of H.R. 3231,
the Barbara Jordan Immigration Reform and Accountability Act of
2002, under a structured rule. The rule provides one hour of
debate equally divided and controlled by the chairman and
ranking minority member of the Committee on the Judiciary. The
rule waives all points of order against consideration of the
bill.
The rule provides that the amendment in the nature of a
substitute recommended by the Committee on the Judiciary now
printed in the bill shall be considered as an original bill for
the purpose of amendment and shall be considered as read. The
rule waives all points of order against the bill, as amended.
The rule makes in order only those amendments printed in
this report. The rule provides that the amendments printed in
this report shall be considered only in the order printed, may
be offered by a Member designated, shall be considered as read,
shall be debatable for the time specified equally divided and
controlled by the proponent and an opponent, shall not be
subject to amendment, and shall not be subject to a demand for
division of the question in the House or in the Committee of
the Whole. The rule waives all points of order against the
amendments printed in this report.
Finally, the rule provides one motion to recommit with or
without instructions.
The waiver of all points of order against consideration of
the bill includes a waiver of section 303 of the Congressional
Budget Act (prohibiting new spending or changes in revenue
until a concurrent resolution on the budget has been adopted),
because there is a reduction in offsetting receipts for fiscal
year 2003. The waiver of all points of order against the
committee amendment in the nature of a substitute includes a
waiver of clause 4 of rule XXI (prohibiting appropriations on a
legislative bill), because unexpended balances are transferred
from the old entity (the Immigration and Naturalization
Service) to the new entity (the Agency for Immigration
Affairs).
COMMITTEE VOTES
Pursuant to clause 3(b) of House rule XIII the results of
each record vote on an amendment or motion to report, together
with the names of those voting for and against, are printed
below:
Rules Committee record vote No. 76
Date: April 24, 2002.
Measure: H.R. 3231.
Motion by: Mr. Hastings of Florida.
Summary of motion: To make in order the amendment offered
by Mr. Hastings of Florida, which adjusts the immigration
status of certain eligible Haitian aliens by granting them
permanent resident status in the U.S. and includes provisions
for permanent resident status when the alien is the spouse or
child of an alien lawfully admitted as a permanent resident.
Results: Defeated 2 to 7.
Vote by Members: Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-
Balart--Yea; Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay;
Hastings (FL)--Yea; Dreier--Nay.
SUMMARY OF AMENDMENTS MADE IN ORDER UNDER THE RULE
Sensenbrenner--Manager's Amendment. Permits the Attorney
General to ``buy out'' certain employees to help carry out the
strategic restructuring plan. Permits the Attorney General to
conduct a demonstration project for five years for the purpose
of changing policies or procedures regarding methods for
disciplining employees that would result in improved personnel
management including discipline for both employee malfeasance
and nonfeasance. Requires the directors of the two immigration
bureaus to design and implement a managerial rotation program
so that managers have experience in all the major functions of
their respective bureau and have worked in a field office and
service center or border patrol sector. Strikes section 11(e)
of the bill. (10 minutes)
Baldwin/Jackson-Lee/Hostettler--Requires that the Office of
Children's Affairs, within the Office of Immigration Affairs,
develop a plan, to be brought before Congress on how to ensure
that unaccompanied alien children are appointed independent
legal counsel, consistent with current law. (20 minutes)
Jackson-Lee--Requires the General Accounting Office to
conduct a study that examines whether the Bureau of Immigration
Services can sustain itself as an agency if it operates with
funds derived from fees, and if there is no authorized
appropriations language included in the bill. (20 minutes)
Roybal-Allard--Requires the Office of Immigration
Statistics to maintain statistics on denials of applications
and petitions, and the reasons for those denials. (20 minutes)
Velazquez--Authorizes the Director of the Bureau of
Citizenship and Immigration Services to implement innovative
pilot initiatives to eliminate the immigration application
backlog and prevent the backlog from recurring. Encourage
initiatives, such as, increasing or transferring personnel to
areas with the greatest backlog, streamlining regulations and
paperwork, and providing incentives for efficient and high
quality work. (20 minutes)
Issa--Requires that all employees at the new Office of the
Associate Attorney General for Immigration Affairs and the two
new bureaus (Bureau of Citizenship and Immigration Services and
the Bureau of Immigration Enforcement) be considered ``excepted
service'' or at-will employees. (20 minutes)
Lofgren/Cannon--Allows for expedited and simplified
procurement of products or services. Provides that this
authority lasts until 2004 and a report is required not later
than one year after the end of FY2004 concerning the use of
these authorities. (20 minutes)
TEXT OF AMENDMENTS MADE IN ORDER UNDER THE RULE
1. An Amendment To Be Offered by Representative Sensenbrenner of
Wisconsin, or a Designee, Debatable for 10 Minutes
Page 2, after the item relating to section 10, insert the
following (and redesignate succeeding items accordingly):
``Sec. 11. Voluntary separation incentive payments.
``Sec. 12. Authority to conduct a demonstration project relating to
disciplinary action.
Page 15, line 15, strike ``15(a)'' and insert ``17(a)''.
Page 17, line 9, strike ``15(a)'' and insert ``17(a)''.
Page 18, line 1, strike ``15(a)'' and insert ``17(a)''.
Page 20, after line 21, insert the following:
(5) Managerial rotation program.--
(A) In general.--Not later than 1 year after
the effective date specified in section 18(a),
the Director of the Bureau of Citizenship and
Immigration Services shall design and implement
a managerial rotation program under which
employees of such bureau holding positions
involving supervisory or managerial
responsibility and classified, in accordance
with chapter 51 of title 5, United States Code,
as a GS-14 or above, shall, as a condition on
further promotion--
(i) gain some experience in all the
major functions performed by such
bureau; and
(ii) work in at least one field
office and one service center of such
bureau.
(B) Report.--Not later than 2 years after the
effective date specified in section 17(a), the
Attorney General shall submit a report to the
Congress on the implementation of such program.
Page 21, line 4, strike ``15(a)'' and insert ``17(a)''.
Page 21, line 13, strike ``15(a)'' and insert ``17(a)''.
Page 25, line 20, strike ``15(a)'' and insert ``17(a)''.
Page 32, after line 20, insert the following:
(4) Managerial rotation program.--
(A) In general.--Not later than 1 year after
the effective date specified in section 17(a),
the Director of the Bureau of Immigration
Enforcement shall design and implement a
managerial rotation program under which
employees of such bureau holding positions
involving supervisory or managerial
responsibility and classified, in accordance
with chapter 51 of title 5, United States Code,
as a GS-14 or above, shall, as a condition on
further promotion--
(i) gain some experience in all the
major functions performed by such
bureau; and
(ii) work in at least one field
office and one border patrol sector of
such bureau.
(B) Report.--Not later than 2 years after the
effective date specified in section 17(a), the
Attorney General shall submit a report to the
Congress on the implementation of such program.
Page 33, line 3, strike ``15(a)'' and insert ``17(a)''.
Page 37, line 3, strike ``15(a)'' and insert ``17(a)''.
Page 38, line 14, strike ``15(a)'' and insert ``17(a)''.
Page 39, line 16, strike ``15(a)'' and insert ``17(a)''.
Page 40, line 18, strike ``15(a)'' and insert ``17(a)''.
Page 42, line 16, strike ``15(a)'' and insert ``17(a)''.
Page 43, line 6, strike ``15(a)'' and insert ``17(a)''.
Page 45, line 7, strike ``15(a)'' and insert ``17(a)''.
Page 47, after line 9, insert the following:
SEC. 11. VOLUNTARY SEPARATION INCENTIVE PAYMENTS.
(a) Definitions.--For purposes of this section--
(1) the term ``employee'' means an employee (as
defined by section 2105 of title 5, United States Code)
who--
(A) has completed at least 3 years of current
continuous service with 1 or more covered
entities; and
(B) is serving under an appointment without
time limitation;
but does not include any person under subparagraphs
(A)-(G) of section 663(a)(2) of Public Law 104-208 (5
U.S.C. 5597 note);
(2) the term ``covered entity'' means--
(A) the Immigration and Naturalization
Service;
(B) the Office of Immigration Litigation of
the Civil Division;
(C) the Office of the Associate Attorney
General for Immigration Affairs;
(D) the Bureau of Immigration Enforcement;
and
(E) the Bureau of Citizenship and Immigration
Services; and
(3) the term ``transfer date'' means the date on
which the transfer of functions specified under this
Act takes effect.
(b) Strategic Restructuring Plan.--Before obligating any
resources for voluntary separation incentive payments under
this section, the Attorney General shall submit to the
appropriate committees of Congress a strategic restructuring
plan, which shall include--
(1) an organizational chart depicting the covered
entities after their restructuring pursuant to this
Act;
(2) a summary description of how the authority under
this section will be used to help carry out that
restructuring; and
(3) the information specified in section 663(b)(2) of
Public Law 104-208 (5 U.S.C. 5597 note).
As used in the preceding sentence, the ``appropriate committees
of Congress'' are the Committees on Appropriations, Government
Reform, and the Judiciary of the House of Representatives, and
the Committees on Appropriations, Governmental Affairs, and the
Judiciary of the Senate.
(c) Authority.--The Attorney General may, to the extent
necessary to help carry out the strategic restructuring plan
described in subsection (b), make voluntary separation
incentive payments to employees. Any such payment--
(1) shall be paid to the employee, in a lump sum,
after the employee has separated from service;
(2) shall be paid from appropriations or funds
available for the payment of basic pay of the employee;
(3) shall be equal to the lesser of--
(A) the amount the employee would be entitled
to receive under section 5595(c) of title 5,
United States Code; or
(B) an amount not to exceed $25,000, as
determined by the Attorney General;
(4) may not be made except in the case of any
qualifying employee who voluntarily separates (whether
by retirement or resignation) before the end of--
(A) the 3-month period beginning on the date
on which such payment is offered or made
available to such employee; or
(B) the 3-year period beginning on the date
of the enactment of this Act,
whichever occurs first;
(5) shall not be a basis for payment, and shall not
be included in the computation, of any other type of
Government benefit; and
(6) shall not be taken into account in determining
the amount of any severance pay to which the employee
may be entitled under section 5595 of title 5, United
States Code, based on any other separation.
(d) Additional Agency Contributions to the Retirement Fund.--
(1) In general.--In addition to any payments which it
is otherwise required to make, the Department of
Justice shall, for each fiscal year with respect to
which it makes any voluntary separation incentive
payments under this section, remit to the Office of
Personnel Management for deposit in the Treasury of the
United States to the credit of the Civil Service
Retirement and Disability Fund the amount required
under paragraph (2).
(2) Amount required.--The amount required under this
paragraph shall, for any fiscal year, be the amount
under subparagraph (A) or (B), whichever is greater.
(A) First method.--The amount under this
subparagraph shall, for any fiscal year, be
equal to the minimum amount necessary to offset
the additional costs to the retirement systems
under title 5, United States Code (payable out
of the Civil Service Retirement and Disability
Fund) resulting from the voluntary separation
of the employees described in paragraph (3), as
determined under regulations of the Office of
Personnel Management.
(B) Second method.--The amount under this
subparagraph shall, for any fiscal year, be
equal to 45 percent of the sum total of the
final basic pay of the employees described in
paragraph (3).
(3) Computations to be based on separations occurring
in the fiscal year involved.--The employees described
in this paragraph are those employees who receive a
voluntary separation incentive payment under this
section based on their separating from service during
the fiscal year with respect to which the payment under
this subsection relates.
(4) Final basic pay defined.--In this subsection, the
term ``final basic pay'' means, with respect to an
employee, the total amount of basic pay which would be
payable for a year of service by such employee,
computed using the employee's final rate of basic pay,
and, if last serving on other than a full-time basis,
with appropriate adjustment therefor.
(e) Effect of Subsequent Employment with the Government.--An
individual who receives a voluntary separation incentive
payment under this section and who, within 5 years after the
date of the separation on which the payment is based, accepts
any compensated employment with the Government or works for any
agency of the Government through a personal services contract,
shall be required to pay, prior to the individual's first day
of employment, the entire amount of the incentive payment. Such
payment shall be made to the covered entity from which the
individual separated or, if made on or after the transfer date,
to the Associate Attorney General for Immigration Affairs (for
transfer to the appropriate component of the Department of
Justice, if necessary).
(f) Effect on Employment Levels.--
(1) Intended effect.--Voluntary separations under
this section are not intended to necessarily reduce the
total number of full-time equivalent positions in any
covered entity.
(2) Use of voluntary separations.--A covered entity
may redeploy or use the full-time equivalent positions
vacated by voluntary separations under this section to
make other positions available to more critical
locations or more critical occupations.
SEC. 12. AUTHORITY TO CONDUCT A DEMONSTRATION PROJECT RELATING TO
DISCIPLINARY ACTION.
(a) In General.--The Attorney General may, during a period
ending not later than 5 years after the date of the enactment
of this Act, conduct a demonstration project for the purpose of
determining whether one or more changes in the policies or
procedures relating to methods for disciplining employees would
result in improved personnel management.
(b) Scope.--The demonstration project--
(1) may not cover any employees apart from those
employed in or under a covered entity; and
(2) shall not be limited by any provision of chapter
43, 75, or 77 of title 5, United States Code.
(c) Procedures.--Under the demonstration project--
(1) the use of alternative means of dispute
resolution (as defined in section 571 of title 5,
United States Code) shall be encouraged, whenever
appropriate; and
(2) each covered entity shall be required to provide
for the expeditious, fair, and independent review of
any action to which section 4303 or subchapter II of
chapter 75 of such title 5 would otherwise apply
(except an action described in section 7512(5)
thereof).
(d) Actions Involving Discrimination.--Notwithstanding any
other provision of this section, if, in the case of any matter
described in section 7702(a)(1)(B) of title 5, United States
Code, there is no judicially reviewable action under the
demonstration project within 120 days after the filing of an
appeal or other formal request for review (referred to in
subsection (c)(2)), an employee shall be entitled to file a
civil action to the same extent and in the same manner as
provided in section 7702(e)(1) of such title 5 (in the matter
following subparagraph (C) thereof).
(e) Certain Employees.--Employees shall not be included
within any project under this section if such employees are--
(1) neither managers nor supervisors; and
(2) within a unit with respect to which a labor
organization is accorded exclusive recognition under
chapter 71 of title 5, United States Code.
Notwithstanding the preceding sentence, an aggrieved employee
within a unit (referred to in paragraph (2)) may elect to
participate in a complaint procedure developed under the
demonstration project in lieu of any negotiated grievance
procedure and any statutory procedure (as such term is used in
section 7121 of such title 5).
(f) Reports.--The General Accounting Office shall prepare and
submit to the Committees on Government Reform and the Judiciary
of the House of Representatives and the Committees on
Governmental Affairs and the Judiciary of the Senate periodic
reports on any demonstration project conducted under this
section, such reports to be submitted after the second and
fourth years of its operation. Upon request, the Attorney
General shall furnish such information as the General
Accounting Office may require to carry out this subsection.
(g) Definitions.--In this section--
(1) the term ``Attorney General'' means the Attorney
General or his designee; and
(2) the term ``covered entity'' has the meaning given
such term in section 11(a)(2).
Page 47, line 10, strike ``11'' and insert ``13''.
Page 48, line 21, strike ``15(a)'' and insert ``17(a)''.
Page 51, strike lines 16 through 20.
Page 51, line 21, strike ``12'' and insert ``14''.
Page 53, line 24, strike ``11(b)'' and insert ``13(b)''.
Page 57, line 1, strike ``15(a)'' and insert ``17(a)''.
Page 57, line 23, strike ``15(a)'' and insert ``17(a)''.
Page 58, line 18, strike ``15(a)'' and insert ``17(a)''.
Page 60, line 15, strike ``15(a)'' and insert ``17(a)''.
Page 60, line 20, strike ``13'' and insert ``15''.
Page 62, line 22, strike ``14'' and insert ``16''.
Page 63, line 7, strike ``15'' and insert ``17''.
Page 64, line 13, strike ``16'' and insert ``18''.
----------
2. An Amendment To Be Offered by Representative Baldwin of Wisconsin,
or Representative Jackson-Lee of Texas, or Representative Hostettler of
Indiana, or a Designee, Debatable for 20 Minutes
Page 11, line 14, insert before the semicolon at the end
the following: ``, including developing a plan to be submitted
to the Congress on how to ensure that qualified and independent
legal counsel is timely appointed to represent the interests of
each such child, consistent with the law regarding appointment
of counsel that is in effect on the date of the enactment of
this Act''.
----------
3. An Amendment To Be Offered by Representative Jackson-Lee of Texas,
or a Designee, Debatable for 20 Minutes
Page 59, after line 22, insert the following:
(3) Report on fees.--Not later than 90 days after the date
of the enactment of this Act, the Comptroller General of the
United States shall submit to the Committees on the Judiciary
of the House of Representatives and of the Senate a report
examining whether the Bureau of Citizenship and Immigration
Services is likely to derive sufficient funds from fees to
carry out its functions in the absence of appropriated funds.
----------
4. An Amendment To Be Offered by Representative Roybal-Allard of
California, or a Designee, Debatable for 20 Minutes
Page 38, line 16, insert the following before the period:
``, including region-by-region statistics on the aggregate
number of applications and petitions filed by an alien (or
filed on behalf of an alien) and denied by such offices and
bureaus, and the reasons for such denials, disaggregated by
category of denial and application or petition type''.
----------
5. An Amendment To Be Offered by Representative Velazquez of New York,
or a Designee, Debatable for 20 Minutes
Page 20, after line 21, insert the following:
(5) Pilot initiatives for backlog elimination.--The
Director of the Bureau of Citizenship and Immigration
Services is authorized to implement innovative pilot
initiatives to eliminate any remaining backlog in the
processing of immigration benefit applications, and to
prevent any backlog in the processing of such
applications from recurring, in accordance with section
204(a) of the Immigration Services and Infrastructure
Improvements Act of 2000 (8 U.S.C. 1573(a)). Such
initiatives may include measures such as increasing
personnel, transferring personnel to focus on areas
with the largest potential for backlog, and
streamlining paperwork.
Page 51, strike lines 16 through 20 and insert the following:
(e) Backlog Elimination.--Section 204(a) of the Immigration
Services and Infrastructure Improvements Act of 2000 (8 U.S.C.
1573(a)) is amended by striking ``October 17, 2000;'' and
inserting ``the effective date specified in section 15(a) of
the Barbara Jordan Immigration Reform and Accountability Act of
2002;''.
----------
6. An Amendment To Be Offered by Representative Issa of California, or
a Designee, Debatable for 20 Minutes
Page 45, after line 7, insert the following (and redesignate
provisions accordingly):
(b) Additional Personnel Matters.--
(1) Positions in excepted service.--All positions in
the Office of the Associate Attorney General for
Immigration Affairs, the Bureau of Citizenship and
Immigration Services, and the Bureau of Immigration
Enforcement are positions in the excepted service, as
defined by section 2103 of title 5, United States Code.
(2) Eliminating restrictions on certain disciplinary
and other adverse actions taken against employees.--
Section 7511(b)(8) of title 5, United States Code, is
amended by inserting ``the Office of the Associate
Attorney General for Immigration Affairs, the Bureau of
Citizenship and Immigration Services, the Bureau of
Immigration Enforcement,'' after ``the Federal Bureau
of Investigation,''.
----------
7. An Amendment To Be Offered by Representative Lofgren of California,
or Representative Cannon of Utah, or a Designee, Debatable for 20
Minutes
Page 62, after line 21, insert the following:
SEC. 13A. PROCUREMENTS OF INFORMATION TECHNOLOGY TO IMPROVE PERFORMANCE
OR EFFICIENCY.
(a) In General.--The authorities provided in this section
apply to any procurement of information technology products or
services, including the management of information technology
improvement programs, necessary to improve the performance or
efficiency of the Immigration and Naturalization Service, the
Office of the Associate Attorney General for Immigration
Affairs, the Bureau of Citizenship and Immigration Services,
and the Bureau of Immigration Enforcement. Such procurements of
information technology products or services may include those
necessary to improve the ability of the entities referred to in
the preceding sentence to share information with other public
agencies and law enforcement authorities authorized to receive
such information.
(b) Simplified Procedures for the Procurement of Information
Technology.--
(1) Deeming products and services as commercial
items.--Any product or service procured by the Attorney
General as described in subsection (a) may be deemed to
be a commercial item (as defined in section 4(12) of
the Office of Federal Procurement Act (41 U.S.C. 403))
for purposes of sections 31 and 34 of the Office of
Federal Procurement Policy Act (41 U.S.C. 427, 430) and
section 303(g) of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 253(g)).
(2) Inapplicability of limitation on use of
simplified acquisition procedures.--
(A) In general.--The $5,000,000 limitation
provided in section 31(a)(2) of the Office of
Federal Procurement Policy Act (41 U.S.C.
427(a)(2)), and section 303(g)(1)(B) of the
Federal Property and Administrative Services
Act of 1949 (41 U.S.C. 253(g)(1)(B)) shall not
apply to purchases of products or services
deemed to be a commercial item under paragraph
(1).
(B) Guidance.--The Attorney General and the
Administrator of Federal Procurement Policy
shall jointly issue guidance and procedures for
the use of simplified acquisition procedures
for a purchase of products or services in
excess of $5,000,000 under the authority of
this section.
(c) Streamlined Procedures for the Procurement of Information
Technology.--The Attorney General shall, when appropriate, use
streamlined acquisition authorities and procedures authorized
by law for a procurement described in subsection (a), including
authorities and procedures that are provided under the
following provisions of law:
(1) Federal property and administrative services act
of 1949.--In title III of the Federal Property and
Administrative Services Act of 1949:
(A) Paragraphs (1), (2), (6), and (7) of
subsection (c) of section 303 (41 U.S.C. 253),
relating to use of procedures other than
competitive procedures under certain
circumstances (subject to subsection (e) of
such section).
(B) Section 303J (41 U.S.C. 253j), relating
to orders under task and delivery order
contracts.
(2) Office of federal procurement policy act.--
Paragraphs (1)(B), (1)(D), and (2) of section 18(c) of
the Office of Federal Procurement Policy Act (41 U.S.C.
416(c)), relating to inapplicability of a requirement
for procurement notice.
(d) Nondiscrimination Against Small-Business Concerns.--This
section shall be applied in a manner that does not discriminate
against small-business concerns (within the meaning of such
term as used in the Small Business Act (15 U.S.C. 632 et seq.))
or any type of small-business concern.
(e) Period of Authority.--The authorities provided in this
section shall apply with respect to any procurement of
information technology products or services described in
subsection (a) during fiscal years 2002 through 2004.
(f) Review and Report by Comptroller General.--Not later than
180 days after the end of fiscal year 2004, the Comptroller
General shall submit to the Committees on Government Reform and
the Judiciary of the House of Representatives and the
Committees on Governmental Affairs and the Judiciary of the
Senate a report on the use of the authorities provided in this
section. The report shall contain the following:
(1) An assessment of the extent to which products and
services acquired using authorities provided under this
section contributed to the capacity of the entities
referred to in subsection (a) to carry out their
missions.
(2) Any recommendations of the Comptroller General
taking into account the assessment performed under
paragraph (1).