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6 U.S.C. § 297Reports and implementation plans

submitted 24 years ago by Pub. L. 107-296 to r/title-6-DOMESTIC-SECURITY · 702 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law splits immigration duties between two new agencies. The Secretary must report to Congress on dividing funds, staff, and an implementation plan. The Comptroller General must later study and report on how the transition and management worked.

(a) Division of funds Within 120 days after this chapter's effective date, the Secretary must send a report to the House and Senate Appropriations and Judiciary Committees. The report must explain how funds — including unspent money, appropriations, and fees — will be split and moved between the Bureau of Citizenship and Immigration Services and the Bureau of Border Security. (b) Division of personnel Within that same 120-day window, the Secretary must send those same committees a report on how staff will be divided between the two bureaus. (c) Implementation plan (1) In general: Within 120 days, and then every six months until the end of fiscal year 2005, the Secretary must send those committees a plan for carrying out this chapter. (2) Contents: The plan should explain how the two bureaus will be separated, covering: (A) how each bureau will be organized, including its field offices; (B) the chain of command; (C) how the two bureaus will work with each other; (D) how they will detect and investigate fraud; (E) how they will handle removal proceedings, including fast-track removals and requests for relief from removal; (F) recommended changes to the Immigration and Nationality Act to match the new structure; (G) setting up a transition team; and (H) how to phase in the cost of giving each bureau its own separate administrative support systems, instead of sharing the old INS systems. (d) Comptroller General studies and reports (1) Status reports on transition: Starting 18 months after the transfer of functions under section 251 takes effect, and every six months after that until the whole part is fully carried out, the Comptroller General must report to the Appropriations and Judiciary Committees. Each report must say: (A) whether the transfers required by parts D and E have happened, and if not, why not; (B) if they have happened, what problems have come up because of them; and (C) what problems might come up from transfers still to happen. (2) Report on management: Four years after the section 251 transfer takes effect, the Comptroller General must study and report to those same committees on whether moving functions from the INS to the two new bureaus improved: (A) operations; management, including accountability and communication; financial administration; and recordkeeping, including information management and technology — for each function moved; (B) the reasons behind those findings; and (C) any recommendations for further improving the two bureaus. (3) Report on fees: Within one year of November 25, 2002, the Comptroller General must report to the Judiciary Committees on whether the Bureau of Citizenship and Immigration Services can likely raise enough money from fees to do its job if it doesn't get appropriated funds.
the actual law source: uscode.house.gov ↗public domain
(a) Division of funds

The Secretary, not later than 120 days after the effective date of this chapter, 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 and transfer of funds, including unexpended funds, appropriations, and fees, between the Bureau of Citizenship and Immigration Services and the Bureau of Border Security.

(b) Division of personnel

The Secretary, not later than 120 days after the effective date of this chapter, 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 the Bureau of Citizenship and Immigration Services and the Bureau of Border Security.

(c) Implementation plan
(1) In general

The Secretary, not later than 120 days after the effective date of this chapter, and every 6 months thereafter until the termination of fiscal year 2005, shall submit to the Committees on Appropriations and the Judiciary of the House of Representatives and of the Senate an implementation plan to carry out this chapter.

(2) Contents

The implementation plan should include details concerning the separation of the Bureau of Citizenship and Immigration Services and the Bureau of Border Security, including the following:

(A)

Organizational structure, including the field structure.

(B)

Chain of command.

(C)

Procedures for interaction among such bureaus.

(D)

Fraud detection and investigation.

(E)

The processing and handling of removal proceedings, including expedited removal and applications for relief from removal.

(F)

Recommendations for conforming amendments to the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).

(G)

Establishment of a transition team.

(H)

Methods to phase in the costs of separating the administrative support systems of the Immigration and Naturalization Service in order to provide for separate administrative support systems for the Bureau of Citizenship and Immigration Services and the Bureau of Border Security.

(d) Comptroller General studies and reports
(1) Status reports on transition

Not later than 18 months after the date on which the transfer of functions specified under section 251 of this title takes effect, and every 6 months thereafter, until full implementation of this part has been completed, the Comptroller General of the United States shall submit to the Committees on Appropriations and on the Judiciary of the House of Representatives and the Senate a report containing the following:

(A)

A determination of whether the transfers of functions made by parts D and E of this subchapter have been completed, and if a transfer of functions has not taken place, identifying the reasons why the transfer has not taken place.

(B)

If the transfers of functions made by parts D and E of this subchapter have been completed, an identification of any issues that have arisen due to the completed transfers.

(C)

An identification of any issues that may arise due to any future transfer of functions.

(2) Report on management

Not later than 4 years after the date on which the transfer of functions specified under section 251 of this title takes effect, the Comptroller General of the United States shall submit to the Committees on Appropriations and on the Judiciary of the House of Representatives and the Senate a report, following a study, containing the following:

(A)

Determinations of whether the transfer of functions from the Immigration and Naturalization Service to the Bureau of Citizenship and Immigration Services and the Bureau of Border Security have improved, with respect to each function transferred, the following:

(i)

Operations.

(ii)

Management, including accountability and communication.

(iii)

Financial administration.

(iv)

Recordkeeping, including information management and technology.

(B)

A statement of the reasons for the determinations under subparagraph (A).

(C)

Any recommendations for further improvements to the Bureau of Citizenship and Immigration Services and the Bureau of Border Security.

(3) Report on fees

Not later than 1 year after November 25, 2002, 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.

Source credit: (Pub. L. 107–296, title IV, § 477, Nov. 25, 2002, 116 Stat. 2209.)

history & why it existsrecord from the source credit
  • 2002Enacted · Pub. L. 107-296 · 116 Stat. 2209

A history note hasn’t been published yet. The record shows enactment by Pub. L. 107-296 on 2002-11-25.

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