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

Page 150 TITLE 6—DOMESTIC SECURITY § 296 Statutory Notes and Related Subsidiaries CHANGE OF NAME Bureau of Border Security, referred to in subsec. (b), changed to Bureau of Immigration and Customs En- forcement by Reorganization Plan Modification for the Department of Homeland Security, eff. Mar. 1, 2003, H. Doc. No. 108–32, 108th Congress, 1st Session, set out as a note under section 542 of this title. § 296. Separation of funding (a) In general There shall be established separate accounts in the Treasury of the United States for appro- priated funds and other deposits available for the Bureau of Citizenship and Immigration Services and the Bureau of Border Security. (b) Separate budgets To ensure that the Bureau of Citizenship and Immigration Services and the Bureau of Border Security are funded to the extent necessary to fully carry out their respective functions, the Director of the Office of Management and Budg- et shall separate the budget requests for each such entity. (c) Fees Fees imposed for a particular service, applica- tion, or benefit shall be deposited into the ac- count established under subsection (a) that is for the bureau with jurisdiction over the func- tion to which the fee relates. (d) Fees not transferable No fee may be transferred between the Bureau of Citizenship and Immigration Services and the Bureau of Border Security for purposes not au- thorized by section 1356 of title 8. (Pub. L. 107–296, title IV, § 476, Nov. 25, 2002, 116 Stat. 2209.) Statutory Notes and Related Subsidiaries CHANGE OF NAME Bureau of Border Security, referred to in subsecs. (a), (b), and (d), changed to Bureau of Immigration and Cus- toms Enforcement by Reorganization Plan Modifica- tion for the Department of Homeland Security, eff. Mar. 1, 2003, H. Doc. No. 108–32, 108th Congress, 1st Ses- sion, set out as a note under section 542 of this title. § 297. Reports and implementation plans (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 fis- cal 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 chap- ter. (2) Contents The implementation plan should include de- tails 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 re- moval proceedings, including expedited re- moval and applications for relief from re- moval. (F) Recommendations for conforming amendments to the Immigration and Na- tionality Act (8 U.S.C. 1101 et seq.). (G) Establishment of a transition team. (H) Methods to phase in the costs of sepa- rating the administrative support systems of the Immigration and Naturalization Service in order to provide for separate administra- tive support systems for the Bureau of Citi- zenship 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 Comp- troller General of the United States shall sub- mit to the Committees on Appropriations and on the Judiciary of the House of Representa- tives and the Senate a report containing the following: (A) A determination of whether the trans- fers 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 trans- fers. (C) An identification of any issues that may arise due to any future transfer of func- tions. (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 Comp- troller General of the United States shall sub- Page 151 TITLE 6—DOMESTIC SECURITY § 298 mit to the Committees on Appropriations and on the Judiciary of the House of Representa- tives and the Senate a report, following a study, containing the following: (A) Determinations of whether the transfer of functions from the Immigration and Nat- uralization Service to the Bureau of Citizen- ship and Immigration Services and the Bu- reau of Border Security have improved, with respect to each function transferred, the fol- lowing: (i) Operations. (ii) Management, including account- ability and communication. (iii) Financial administration. (iv) Recordkeeping, including informa- tion management and technology. (B) A statement of the reasons for the de- terminations under subparagraph (A). (C) Any recommendations for further im- provements 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 Serv- ices is likely to derive sufficient funds from fees to carry out its functions in the absence of appropriated funds. (Pub. L. 107–296, title IV, § 477, Nov. 25, 2002, 116 Stat. 2209.) Editorial Notes REFERENCES IN TEXT The effective date of this chapter, referred to in sub- secs. (a), (b), and (c)(1), is 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of this title. This chapter, referred to in subsec. (c)(1), was in the original ‘‘this Act’’, meaning Pub. L. 107–296, Nov. 25, 2002, 116 Stat. 2135, known as the Homeland Security Act of 2002, which is classified principally to this chap- ter. For complete classification of this Act to the Code, see Short Title note set out under section 101 of this title and Tables. The Immigration and Nationality Act, referred to in subsec. (c)(2)(F), is act June 27, 1952, ch. 477, 66 Stat. 163, which is classified principally to chapter 12 (§ 1101 et seq.) of Title 8, Aliens and Nationality. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of Title 8 and Tables. Parts D and E of this subchapter, referred to in sub- sec. (d)(1)(A), (B), was in the original ‘‘subtitles D and E’’, meaning subtitles D (§§ 441–446) and E (§§ 451–462) of title IV of Pub. L. 107–296, Nov. 25, 2002, 116 Stat. 2192, 2195, which enacted parts D and E of this subchapter, amended sections 1356 and 1573 of Title 8, Aliens and Nationality, and enacted provisions set out as a note under section 271 of this title. For complete classifica- tion of subtitles D and E to the Code, see Tables. Statutory Notes and Related Subsidiaries CHANGE OF NAME Bureau of Border Security, referred to in text, changed to Bureau of Immigration and Customs En- forcement by Reorganization Plan Modification for the Department of Homeland Security, eff. Mar. 1, 2003, H. Doc. No. 108–32, 108th Congress, 1st Session, set out as a note under section 542 of this title. § 298. Immigration functions (a) Annual report (1) In general One year after November 25, 2002, and each year thereafter, the Secretary shall submit a report to the President, to the Committees on the Judiciary and Government Reform of the House of Representatives, and to the Commit- tees on the Judiciary and Government Affairs of the Senate, on the impact the transfers made by this part has had on immigration functions. (2) Matter included The report shall address the following with respect to the period covered by the report: (A) The aggregate number of all immigra- tion applications and petitions received, and processed, by the Department. (B) Region-by-region statistics on the ag- gregate number of immigration applications and petitions filed by an alien (or filed on behalf of an alien) and denied, disaggregated by category of denial and application or pe- tition type. (C) The quantity of backlogged immigra- tion applications and petitions that have been processed, the aggregate number await- ing processing, and a detailed plan for elimi- nating the backlog. (D) The average processing period for im- migration applications and petitions, disaggregated by application or petition type. (E) The number and types of immigration- related grievances filed with any official of the Department of Justice, and if those grievances were resolved. (F) Plans to address grievances and im- prove immigration services. (G) Whether immigration-related fees were used consistent with legal requirements re- garding such use. (H) Whether immigration-related ques- tions conveyed by customers to the Depart- ment (whether conveyed in person, by tele- phone, or by means of the Internet) were an- swered effectively and efficiently. (b) Sense of Congress regarding immigration services It is the sense of Congress that— (1) the quality and efficiency of immigration services rendered by the Federal Government should be improved after the transfers made by this part take effect; and (2) the Secretary should undertake efforts to guarantee that concerns regarding the quality and efficiency of immigration services are ad- dressed after such effective date. (Pub. L. 107–296, title IV, § 478, Nov. 25, 2002, 116 Stat. 2211.) Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Government Reform of House of Rep- resentatives changed to Committee on Oversight and