DOCUMENT NUMBER: FR 68-94

FE DE RA L R EG IS TE R C ITE:     59 FR 60065 - 60075

DATE PUBLISHED:     November 22, 1994

BILLING CODE 4410-10-C

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Parts 100 and 103

[INS No. 1501-94]

RIN 1115-AD72

Implementation of Internal Reorganization of the Immigration and

Naturalization Service

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Final rule.

SUMMARY: This rule amends existing Immigration and Naturalization Service (Service) regulations by revising the organizational structure of the Service to conform to the Service reorganization plan approved by Attorney General Reno. These regulations will allow for empowerment of Headquarters and field managers, and further enhance Service planning and communications capabilities.

EFFECTIVE DATE: November 22, 1994.

FOR FURTHER INFORMATION CONTACT: Gary S. Messina, Acting Executive Associate Commissioner, Policy and Planning, Immigration and Naturalization Service, 425 I Street NW., Room 6042, Washington, DC 20536, telephone (202) 514-3242.

SUPPLEMENTARY INFORMATION: The reorganization of the Immigration and Naturalization Service was approved by Attorney General Reno on January 14, 1994. A copy of the organization chart, which graphically illustrates the approved structure, is published with this final regulation as Appendix A. The reorganization will: (a) Create a clearer sense of mission by knitting together the Service's major functions and programs; (b) decentralize decision-making authority and delegate authority to persons geographically closer to the locations where work is being performed; (c) empower field operational units to improve the delivery of services to customers; (d) re-engineer major processes, such as those which develop and disseminate organizational policy and guidelines, and which are outdated approaches to handing records and information; and (e) develop a capability and commitment to plan for the future, set customer service standards, and establish quantitative performance measures to enable the Service to evaluate its programs and service del ivery. To accomplish these goals, the reorganization creates several new components through the restructuring of some existing ones and the abolition of others. Some components retain their identity, but with revised duties and reporting relationships, while other components remain unchanged. This final regulation formalizes the new components, responsibilities, and reporting relationships.

Synopsis of the changes

Former organizational structure	New organizational structure
Executive Associate Commissioner	Abolished, functions realigned to the deputy Commissioner, and the four Executive Associate Commissioners (EACs).
Office of Professional Responsibility	Abolished, some functions absorbed by the Office of Internal Audit.
Office of Program Inspections	Abolished, some functions absorbed by the Office of Internal Audit.
Office of Congressional and Public Affairs	Functions redistributed to an Office of Public Affairs and an Office of Congressional Relations.
Office of Anti-Smuggling under the Office of Enforcement	Anti-Smuggling function absorbed into the Office of Investigations
Associate Commissioner, Management	EAC, Management.
Office of Comptroller under the Office of Management	Office of Finance under the EAC, Management.
Office of Personnel and Training underthe Office of Management	Office of Human Resources Administration under the EAC,Management.
Office of Administration under the Office of Management	Administration functions absorbed into the Office of Human Resources and Administration under the EAC, Management.
Office of Equal Employment Opportunity under the Office of Management	Reports to the EAC, Management.
Office of Plans and Analysis under the Executive Associate Commissioner	EAC, Policy and Planning.
Office of Information Systems under the Executive Associate Commissioner	Office of Information Resources Management under the EAC,Management.
Records Systems Division under the Office of Information Systems	Functions realigned to Programs; EAC,policy and Planning; and Director, Public Affairs.
Data Systems Division under the Office of Information Systems	Reports to the Office of Information Resources Management.
Office of Policy Directives and Instructions under the Office of Information Systems	Policy Directives and Instructions Branch under the EAC, Policy and planing.
Project control and Integration Division under the Office of Information Systems	Systems Integration Division under the Office of Information Resources Management.
Office of Examinations	Reports to the EAC, Programs.
Adjudication Division under the Office of Examinations	Adjudications and Nationality Division under the Office of Examinations.
Refugee, Asylum, and Parole Division under the Office of Examinations	Functions realigned to EAC, Field Operations to include an Asylum Division and a Refugees and Parole Division, both of which report to the Office of International Affairs.
Office of Outreach Program under the Office of Examinations	Absorbed into the Adjudications and Nationality Division under the Office of Examinations.
Administrative Appeals Unit under the Office of Examinations	Administrative Appeals Office under the Office of Examinations.
Legalization Division under the Office of Examinations	Abolished.
National Fines Office under the Office of Examinations	Absorbed into the Inspections Division under the Office of Examinations.
Four Regional Commissioners	Abolished and functional responsibilities realigned to three Regional Directors reporting to the EAC, Field Operations, and four Directors of Administrative Centers reporting to the EAC, Management.

Discussion of Changes

Deputy Commissioner

The reorganization reaffirms the position of the Deputy Commissioner and specifically empowers the incumbent to serve as Chief Operating Officer for the Service. The Deputy Commissioner supervises the four newly established Executive Associate Commissioner (EAC) positions. The EACs are for Programs, Field Operations, Policy and Planning, and Management. The EAC for Field Operations supervises the Regional Directors who, in turn, supervise the District Directors and Chief Patrol Agents. The other three EACS are staff to the Commissioner and Deputy Commissioner. The responsibility for reconciling field and Headquarters requirements lies with the Deputy Commissioner, freeing the Commissioner to set policy and represent the Service externally.

As noted, the reorganization abolished the position of Executive Associate Commissioner. With this change, authority and responsibility held by that office are realigned under the new positions of Executive Associate Commissioner, Programs; Executive Associate Commissioner, Field Operations; Executive Associate Commissioner, Policy and Planning; and Executive Associate Commissioner, Management, reporting to the Deputy Commissioner. Finally, the Offices of Professional Responsibility, Program Inspection, and the position of Special Representative of the Commissioner are abolished.

Executive Associate Commissioner for Programs

The Executive Associate Commissioner for Programs is responsible for policy development, review and integration of the Service's enforcement and examinations programs, and supervision of the Associate Commissioners for Examinations and Enforcement. The Executive Associate Commissioner for Programs does not exercise line authority over district and sector operations.

Office of Asset Forfeiture

The Office of Asset Forfeiture is now delegated authority by the Associate Commissioner of Enforcement to adjudicate claims under section 274 (b) of the Act on behalf of the Commissioner of the Immigration and Naturalization Service.

Executive Associate Commissioner for Field Operations

The Executive Associate Commissioner for Field Operations responds to field office needs; implements policy; ensures consistency and program effectiveness in the work of Service districts and sectors, including the Service's foreign offices; and serves as a single point of contact and advocacy at the Headquarters level for field issues. The EAC for Field Operations supervises three Regional Director positions who are responsible for Eastern, Central, and Western Field Operations. Additionally, the EAC for F ield Operations supervises the Director, International Affairs.

Regional Directors

The reorganization abolishes the four Regional Commissioner positions and replaces them with three Regional Directors for domestic activities. They are responsible for Eastern, Central, and Western Field Operations. These three domestic regions replace the old four-region configuration and provide an intermediate management level between dispersed, complex field activities and Headquarters. Each region includes a southern and a northern border. The regional alignment reflects an even, three-way distribution of Service workload and resources. The Regional Directors will also act as spokespersons in their respective geographic areas.

Office of International Affairs

The reorganization creates an Office of International Affairs and places it under the Executive Associate Commissioner for Field Operations. This office will assume responsibility for foreign operations and the centralized political asylum program. This action establishes the foreign districts as a mini-region, and allows them to function as an extension of domestic operations, discharging refugee and parole responsibilities.

Executive Associate Commissioner for Policy and Planning

The Office of Plans and Analysis is renamed Policy and Planning and moved under the new EAC for Policy and Planning. This organization serves as a clearinghouse for Service policy and is responsible for a wide spectrum of policy activities, including policy formulation, codification, and dissemination within the agency. To this end, the Office of Policy Directives and Instructions is absorbed by the new organization. Strategic planning, annual priorities development, statistics, research and development, an d cross-program initiatives, all functions now performed in the Office of Plans and Analysis, are subsumed in the new organization.

Executive Associate Commissioner for Management

The Executive Associate Commissioner for Management will be responsible for the duties now extant in the Management and Information Systems components of the Service, and will exercise this responsibility through Headquarters Offices of Security, Equal Employment Opportunity, Files and Forms Management, Human Resources and Administration, Finance, Information Resources Management, and the four Administrative Centers (new position; see discussion below).

Director, Administrative Center

The reorganization further establishes four new Director of Administrative Center positions. The directors will be responsible for administrative services, program oversight, and liaison functions at their respective locations. Specifically, they will manage personnel, administrative, information systems, financial, security, and equal employment opportunity aspects of the offices in their respective geographical areas, subject to oversight and direction from Headquarters. The directors will report to the E xecutive Associate Commissioner for Management in the exercise of these responsibilities.

Executive Staff Offices

In addition, the reorganization consolidates existing functions and establishes new offices to oversee and supervise their operation. The Office of Internal Audit, the Office of Congressional Relations, and the Office of Public Affairs are such offices. They will be located in the Office of the Commissioner, and each will be headed by a Director.

Regulatory Flexibility Act

The Commissioner of the Immigration and Naturalization Service, in accordance with the Regulatory Flexibility Act (5 U.S.C. 605 (b)), has reviewed this regulation and, by approving it, certifies that the rule will not have a significant economic impact on a substantial number of small entities. This regulation deals with an internal reorganization within the Service, as discussed in the Supplemental section of this document.

Executive Order 12866

This rule is considered by the Department of Justice, Immigration and Naturalization Service, to be a "significant regulatory action" under Executive Order 12866, section 3(f), Regulatory Planning and Review and has been approved by the Office of Management and Budget. As noted in the supplementary section of the rule, the Service has realigned functions and responsibilities to increase overall operational efficiency. The organizational realignments, decentralization and redelegation of specific programmati c responsibility and accountability, as well as empowerment of staff, are critical changes being implemented by the reorganization. These initiatives are deemed by the Service to be significant actions which are in conformance with the Administration's priorities as outlined by the National Performance Review.

Executive Order 12612

This regulation will not have substantial direct effects on the States, on the relationship between the National Government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, in accordance with Executive Order 12612, it is determined that this rule does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment.

Executive Order 12606

The Commissioner of the Immigration and Naturalization Service has reviewed this rule and, by signing it, certifies that she has assessed the rule in light of the criteria in Executive Order 12606 and has determined the regulation will have no bearing on family well-being.