Barbara Jordan Immigration Reform and Accountability Act of 2002
Latest action · Apr 26, 2002 Received in the Senate and Read twice and referred to the Committee on the Judiciary.
Progress
Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.
- IntroducedNov 6, 2001
- Passed HouseApr 25, 2002
- Passed SenateNot reached
- To the PresidentNot reached
- Became lawNot reached
Summary
Establishes in the Department of Justice the Office of the Associate Attorney General for Immigration Affairs (AAGIA), headed by an Associate Attorney General for Immigration Affairs, who shall be responsible for: (1) supervising the Director of the Bureau of Citizenship and Immigration Services and the Director of the Bureau of Immigration Enforcement; (2) coordinating national immigration policy; and (3) allocating and coordinating such Bureaus' resources through the Office of Shared Services.
(Sec. 3) Establishes within the Office the positions of: (1) Policy Advisor; (2) General Counsel; (3) Chief Financial Officer; and (4) Director of Shared Services.
Establishes within the Office: (1) the Office of the Ombudsman; (2) the Office of Professional Responsibility and Quality Review; and (3) the Office of Children's Affairs, which shall implement law and policy for unaccompanied alien children who come into the custody of the Department of Justice, including placement and foster care issues and development of a legal representation plan.
Transfers from INS to the Office of Children's Affairs functions relating to unaccompanied alien children.
Transfers from the Assistant Attorney, Civil Division, to the Associate Attorney General for Immigration affairs all functions performed by the Office of Immigration Litigation, and all related personnel, infrastructure, and funding.
(Sec. 4) Establishes in the Department of Justice the Bureau of Citizenship and Immigration Services (BCIS), to be headed by the Director of the Bureau of Citizenship and Immigration Services.
Requires the Director to: (1) designate an official to administer student visa programs and the Student and Exchange Visitor Information System through September 30, 2004 (authorizes administrative continuance after such date); and (2) provide appropriate student-related information to the Director of the Bureau of Immigration Enforcement.
Requires the Director to implement a managerial rotation program under which supervisory and managerial personnel shall, as a condition of further promotion, work in field offices or service centers and gain multi-function experience.
Authorizes the Director to implement immigration backlog pilot initiatives.
Transfers all INS and service center adjudication functions and personnel to the BCIS, including functions and personnel related to visa and naturalization petitions, and asylum and refugee applications.
Establishes in the BCIS: (1) the Office of Policy and Strategy, which shall establish and coordinate national immigration policies; (2) the position of Chief Budget Officer; (3) the Office of Congressional, Intergovernmental, and Public Affairs; and (4) the Office of Citizenship, which shall be responsible for promoting citizenship and naturalization training.
Authorizes the establishment in the BCIS of the position of Legal Advisor.
Sets forth requirements for sectors, field offices, and service centers.
(Sec. 5) Sets forth the functions of the Office of the Ombudsman, including: (1) individual and employer problem resolution with the BCIS; (2) problem area identification, and legislative and administrative corrective proposals; and (3) local Ombudsman office monitoring.
(Sec. 6) Establishes in the Department of Justice the Bureau of Immigration Enforcement (BIE), to be headed by the Director of the Bureau of Immigration Enforcement.
Requires the Director to implement a managerial rotation program under which supervisory and managerial personnel shall, as a condition of further promotion, work in field offices or service centers and gain multi-function experience.
Transfers to the BIE all INS functions respecting: (1) the Border Patrol; (2) the detention and removal program; (3) the intelligence program; (4) the investigations program; and (5) the inspections program.
Establishes in the BIE: (1) the Office of Policy and Strategy to establish and coordinate national immigration enforcement policies; (2) the position of Chief Budget Officer; and (3) the Office of Congressional, Intergovernmental, and Public Affairs.
Authorizes the establishment in the BIE of the position of Legal Advisor.
Sets forth requirements for sectors, field offices, and Border Patrol sectors.
(Sec. 7) Amends the Omnibus Crime Control and Safe Streets Act to establish within the Bureau of Justice Statistics of the Department of Justice the Office of Immigration Statistics, to be headed by a Director. States that the Office shall: (1) maintain all immigration statistical information from the Office of the AAGIA, the BIE, the BCIS, and the Executive Office for Immigration Review; and (2) establish standards for statistical reliability.
Transfers to the Office functions of the Statistics Branch of the Office of Policy Planning of INS.
(Sec. 8) States that: (1) the Attorney General or his delegate may perform any function for which this Act vests responsibility in an official other than the Attorney General; and (2) nothing in this Act shall be construed to limit 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, the Immigration and Nationality Act, or any other Act, to investigate illegal passport or visa issuance or use.
(Sec. 9) Sets forth savings provisions respecting: (1) legal documents; (2) proceedings; (3) suits and continuance of suits; (4) nonabatement of actions; and (5) administrative procedure and judicial review.
(Sec. 10) Sets forth requirements for the transfer of Department of Justice personnel and related matters (including database integration) in conjunction with the transfer of functions under this Act.
(Sec. 11) Directs the Attorney General, prior to obligating any resources for voluntary separation incentives (authorized by this Act), to submit to the appropriate congressional committees a strategic restructuring plan. States that an individual who within five years of such separation accepts compensated Federal employment shall be required to repay the entire incentive amount.
(Sec. 12) Authorizes the Attorney General, during a period ending not later than five years after enactment of this Act, to conduct an employee disciplinary demonstration project.
(Sec. 13) Authorizes appropriations to effect the abolition of INS and to establish the replacement entities created under this Act. Establishes in the Treasury the Immigration Reorganization Transition Account. Sets forth related funding and fee provisions. Authorizes appropriations for refugee and asylum adjudications.
Expresses the sense of Congress that the missions of the Office of the AAGIA, the BCIS, and the BIE are equally important, and should be adequately funded to ensure they operate at financial levels not below those in existence prior to the enactment this Act.
Amends the Immigration Services and Infrastructure Improvements Act of 2000 to extend the immigration application backlog elimination date to one year after enactment of this Act.
(Sec. 14) Directs the Attorney General to report to specified congressional committees on: (1) division and transfer of funds and personnel among the Office of the AAGIA, the BCIS, and the BIE; (2) improvement of immigration services; (3) BIE enforcement plans; (4) whether the Director of Shared Services is properly and efficiently servicing the BCIS and the BIE; (5) closure of permanent interior checkpoints and fund reallocation for border and point of entry enforcement; and (6) necessary law and funding revisions to ensure timely response to emergent or unforeseen immigration needs.
Directs the Attorney General to submit reorganization implementation plans semi-annually through FY 2005, which shall include establishment of separate BCIS and BIE accounts and financial management systems.
Directs the Comptroller General to report to specified congressional committees on: (1) transfer of functions under this Act; and (2) resultant improvements in operations, management, and financial and information administration.
(Sec. 15) Directs the Attorney General to: (1) establish an Internet-based immigration filings tracking system, and a related Technology Advisory Committee; and (2) conduct a feasibility study of online immigration filing, including a review of related INS computerization and technology.
(Sec. 16) Defines "function" and "office" for purposes of this Act.
(Sec. 17) States that: (1) the abolishment of INS, the establishment of the Office of the AAGIA, the BCIS, and the BIE, appointment of Directors, and the transfer of functions shall take effect one year after the date of enactment of this Act; and (2) the Associate Attorney General for Immigration Affairs is authorized to perform specified functions during an 18-month transition period.
Recorded votes 3
Newest first. Open one to see how every member voted.
| Roll call | Question | Result | Date |
|---|---|---|---|
| House 116 | On Passage | Passed405–9 | Apr 25, 2002 |
| House 115 | On Agreeing to the Amendment | Failed105–312 | Apr 25, 2002 |
| House 114 | On Agreeing to the Amendment | Failed145–272 | Apr 25, 2002 |
Cosponsors 46
Members who signed on, in the order they did. Signatures ran from Nov 6, 2001 to Apr 18, 2002; 1 is an original cosponsor, there from the day it was introduced.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| R-PA | George W. Gekas | Original | Nov 6, 2001 |
| R-VA | Bob Goodlatte | Nov 15, 2001 | |
| R-CA | Darrell Issa | Nov 15, 2001 | |
| R-CA | Elton Gallegly | Nov 15, 2001 | |
| R-KY | Harold Rogers | Nov 15, 2001 | |
| R-CA | Jerry Lewis | Nov 15, 2001 | |
| R-IN | John N. Hostettler | Nov 15, 2001 | |
| R-TX | Lamar Smith | Nov 15, 2001 | |
| R-NJ | Marge Roukema | Nov 15, 2001 | |
| R-FL | Mark Foley | Nov 15, 2001 | |
| R-WI | Mark Green | Nov 15, 2001 | |
| R-GA | Nathan Deal | Nov 15, 2001 | |
| D-TX | Silvestre Reyes | Nov 15, 2001 | |
| R-TN | William L. Jenkins | Nov 15, 2001 | |
| R-TX | Henry Bonilla | Feb 5, 2002 | |
| R-GA | John Linder | Feb 5, 2002 | |
| R-NJ | Rodney P. Frelinghuysen | Feb 5, 2002 | |
| R-KY | Ron Lewis | Feb 5, 2002 | |
| R-AL | Sonny Callahan | Feb 5, 2002 | |
| R-AL | Spencer Bachus | Feb 5, 2002 | |
| R-NH | John E. Sununu | Feb 12, 2002 | |
| R-CA | Ken Calvert | Feb 12, 2002 | |
| R-IN | Mike Pence | Feb 12, 2002 | |
| R-OH | Paul E. Gillmor | Feb 12, 2002 | |
| R-MS | Roger F. Wicker | Feb 27, 2002 | |
| D-MN | Collin C. Peterson | Mar 6, 2002 | |
| R-NM | Joe Skeen | Mar 12, 2002 | |
| R-IL | John Shimkus | Mar 12, 2002 | |
| R-GA | Bob Barr | Mar 19, 2002 | |
| R-AK | Don Young | Mar 19, 2002 | |
| R-AZ | Jeff Flake | Mar 19, 2002 | |
| R-SC | Joe Wilson | Mar 19, 2002 | |
| R-DE | Michael N. Castle | Mar 19, 2002 | |
| D-NC | Mike McIntyre | Mar 19, 2002 | |
| R-NV | Jim Gibbons | Mar 20, 2002 | |
| R-TX | Larry Combest | Mar 20, 2002 | |
| R-OH | Deborah Pryce | Apr 9, 2002 | |
| R-MN | Mark R. Kennedy | Apr 9, 2002 | |
| R-FL | Ric Keller | Apr 9, 2002 | |
| D-TX | Gene Green | Apr 11, 2002 | |
| R-IL | Jerry Weller | Apr 11, 2002 | |
| R-TX | Sam Johnson | Apr 11, 2002 | |
| R-LA | John Cooksey | Apr 16, 2002 | |
| D-CO | Mark Udall | Apr 16, 2002 | |
| R-WI | Paul D. Ryan | Apr 17, 2002 | |
| D-MA | Barney Frank | Apr 18, 2002 |
Committees 2
Where it was sent and what each committee and subcommittee did with it, in order.
| Chamber | Committee | What it did |
|---|---|---|
| House | Judiciary Committee | Referred Nov 6, 2001Markup Apr 10, 2002Reported Apr 19, 2002 |
| Immigration Integrity, Security, and Enforcement Subcommittee | Referred Nov 9, 2001Hearings Nov 15, 2001Discharged Apr 8, 2002 | |
| Senate | Judiciary Committee | Referred Apr 26, 2002 |
Actions 33
Everything that happened, newest first.
- Apr 26, 2002Received in the Senate and Read twice and referred to the Committee on the Judiciary.
- Apr 25, 2002Rule H. Res. 396 passed House.
- Apr 25, 2002Considered under the provisions of rule H. Res. 396. (consideration: CR H1632-1666; text of measure as reported in House: CR H1643-1650)
- Apr 25, 2002Rule provides for consideration of H.R. 3231 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order.
- Apr 25, 2002House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 396 and Rule XXIII.
In the Congressional Record 6
Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.
| Where | In the Record | Members | Date |
|---|---|---|---|
| House | Debate and remarks H3724 | Mark Foley R-FL | Jun 20, 2002 |
| House | Debate and remarks H3165 | Mark Foley R-FL | Jun 5, 2002 |
| Extensions | Debate and remarks E679 | James R. Langevin D-RI | May 2, 2002 |
| House | Debate and remarks H1622, H1624, H1625–H1632, H1632–H1666Text printed H1625, H1643–H1650Amendments H1643, H1650, H1652, H1653, H1654, H1655, H1656, H1661Recorded votes H1630, H1631, H1664, H1665, H1666consideration (H. Res. 396), previous questionenactIssa amendment (Agency for Immigration Affairs employees' exemption from certain hiring and promotion procedures and elimination from protections in disciplinary actions)Lofgren amendment (simplify information technology procurement procedures) | Alcee L. Hastings D-FL, Bob Barr R-GA, Bob Goodlatte R-VA, C. W. Bill Young R-FL, Carolyn B. Maloney D-NY, Chris Cannon R-UT, Constance A. Morella R-MD, Darrell Issa R-CA (amendment), Donna M. Christensen D-VI, Doug Bereuter R-NE, Duncan Hunter R-CA, Earl Blumenauer D-OR, Eleanor Holmes Norton D-DC, F. James Sensenbrenner, Jr. R-WI (amendment), Gene Green D-TX, George W. Gekas R-PA, Harold Rogers R-KY, Jack Kingston R-GA, Janice D. Schakowsky D-IL, Jeff Flake R-AZ, Jerry Lewis R-CA, Jim Kolbe R-AZ, Jim Turner D-TX, John Conyers, Jr. D-MI, John Linder R-GA, John N. Hostettler R-IN, John Sullivan R-OK, Karen McCarthy D-MO, Ken Bentsen D-TX, Ken Calvert R-CA, Lamar Smith R-TX, Lee Terry R-NE, Lucille Roybal-Allard D-CA (amendment), Mark Foley R-FL, Mark Udall D-CO, Melissa A. Hart R-PA, Melvin L. Watt D-NC, Michael Bilirakis R-FL, Michael N. Castle R-DE, Nydia M. Velázquez D-NY (amendment), Sam Johnson R-TX, Sheila Jackson Lee D-TX (amendment), Silvestre Reyes D-TX, Spencer Bachus R-AL, Steny H. Hoyer D-MD, Tammy Baldwin D-WI (amendment), Tom Davis R-VA, Tom Udall D-NM, Zoe Lofgren D-CA (amendment) | Apr 25, 2002 |
| House | Amendments H1533 | Jim Kolbe R-AZ (amendment) | Apr 23, 2002 |
Research
What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.
Committee report
Congressional Budget Office cost estimates 2
- Apr 19, 2002H.R. 3231, Barbara Jordan Immigration Reform and Accountability Act of 2002<p>Cost estimate for the bill as ordered reported by the House Committee on the Judiciary on April 10, 2002</p>
- Apr 19, 2002H.R. 3231, Barbara Jordan Immigration Reform and Accountability Act of 2002Cost estimate for the bill as ordered reported by the House Committee on the Judiciary on April 10, 2002
Printed hearings 3
Hearings whose printed record names this bill, newest first: hearings on it, and wider hearings where it came up.
| Number | Hearing | Committee | Held |
|---|---|---|---|
| Serial No. 107-3 | H.R. 5005, THE HOMELAND SECURITY ACT OF 2002, DAY 3498 pages | Homeland Security Committee | Jul 17, 2002 |
| Serial No. 107-2 | H.R. 5005, THE HOMELAND SECURITY ACT OF 2002, DAYS 1 AND 2202 pages | Homeland Security Committee | Jul 15, 2002–Jul 16, 2002 |
| S. Hrg. 107-887 | THE IMMIGRATION AND NATURALIZATION SERVICE: HOW SHOULD IT BE RESTRUCTURED?63 pages | Judiciary Committee | May 2, 2002 |
Amendments 7
Amendments offered to this bill.
Related bills 2
Companion bills and other measures the record links to this one.
| Bill | Title | Relationship | Latest action |
|---|---|---|---|
| HRES 396 | Providing for consideration of the bill (H.R. 3231) to replace the Immigration and Naturalization Service with the Agency for Immigration Affairs, and for other purposes. | Procedurally related | Apr 25, 2002 |
| HR 4108 | Immigration and Naturalization Service Reorganization Act of 2002 | Procedurally related | May 6, 2002 |
Titles 6
Every title it has carried, official and short, at each stage.
- Official Title as Introduced
- To replace the Immigration and Naturalization Service with the Agency for Immigration Affairs, and for other purposes.
- Official Titles as Amended by House
- To replace the Immigration and Naturalization Service with the Office of the Associate Attorney General for Immigration Affairs, the Bureau of Citizenship and Immigration Service, and the Bureau of Immigration Enforcement, and for other purposes.
- Short Titles as Introduced
- Immigration Reform and Accountability Act of 2001
- Short Titles as Reported to House
- Barbara Jordan Immigration Reform and Accountability Act of 2002
- Short Titles as Passed House
- Barbara Jordan Immigration Reform and Accountability Act of 2002
- Popular Titles
- Immigration and Naturalization Service Reform bill
Subjects
Assigned by the Library of Congress. Policy area: Immigration.
- Administrative fees
- Administrative procedure
- Administrative remedies
- Admission of nonimmigrants
- Advice and consent of the Senate
- Aliens
- Armed Forces and National Security
- Attorneys general
- Border patrols
- Chief financial officers
- Citizenship
- Computers and government
- Congress
- Congressional investigations
- Congressional reporting requirements
- Congressional-executive relations
- Crime and Law Enforcement
- Criminal investigation
- Custody of children
- Data banks
- Department of Justice
- Deportation
- Detention of persons
- Disciplining of employees
- Economics and Public Finance
- Education
- Educational exchanges
- Electronic data interchange
- Electronic government information
- Exchange of persons programs
- Executive reorganization
- Facsimile transmission
- Families
- Federal advisory bodies
- Federal employees
- Federal officials
- Foreign students
- Foster home care
- Government attorneys
- Government buyouts
- Government Operations and Politics
- Government publicity
- Government statistics
- Government trust funds
- Governmental investigations
- Higher education
- Illegal aliens
- Immigration
- Immigration policy
- Intergovernmental relations
- Internet
- Judicial review of administrative acts
- Labor and Employment
- Law
- Misconduct in office
- Naturalization
- Ombudsman
- Passports
- Personnel management
- Policy sciences
- Presidential appointments
- Recruiting of employees
- Refugees
- Relocation of employees
- Right of asylum
- Salaries
- Science, Technology, Communications
- Severance pay
- Social Welfare
- Supervisors
- Telephone
- Transfer of employees
- User charges
- Visas
Text 4
Each version as it was printed, newest first.
- Apr 26, 2002Referred in Senate
- Apr 25, 2002Engrossed in House
- Apr 19, 2002Reported in House
- Nov 6, 2001Introduced in House
Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.
