S.Amdt. 3519Senate109th Congress (2005-2007)

S.Amdt. 3519

What it does: Adds SEC. __. OFFICE OF INTERNAL CORRUPTION INVESTIGATION wherever appropriate
Submitted April 6, 2006

What it changes

1 change to S. 2454

Adds a section
  1. Adds SEC. __. OFFICE OF INTERNAL CORRUPTION INVESTIGATION wherever appropriate

    Adds a section

    Inserted: SEC. __. OFFICE OF INTERNAL CORRUPTION INVESTIGATION.

    Inserted: (a) Internal Corruption; Benefits Fraud.--Section 453 of the Homeland Security Act of 2002 (6 U.S.C. 273) is amended--

    Inserted: (1) by striking "the Bureau of" each place it appears and inserting "United States";

    Inserted: (2) in subsection (a)--

    Inserted: (A) by striking paragraph (1) and inserting the following:

    Inserted: "(1) establishing the Office of Internal Corruption Investigation, which shall--

    Inserted: "(A) receive, process, administer, and investigate criminal and noncriminal allegations of misconduct, corruption, and fraud involving any employee or contract worker of United States Citizenship and Immigration Services that are not subject to investigation by the Inspector General for the Department;

    Inserted: "(B) ensure that all complaints alleging any violation described in subparagraph (A) are handled and stored in a manner appropriate to their sensitivity;

    Inserted: "(C) have access to all records, reports, audits, reviews, documents, papers, recommendations, or other material available to United States Citizenship and Immigration Services, which relate to programs and operations for which the Director is responsible under this Act;

    Inserted: "(D) request such information or assistance from any Federal, State, or local governmental agency as may be necessary for carrying out the duties and responsibilities under this section;

    Inserted: "(E) require the production of all information, documents, reports, answers, records, accounts, papers, and other data and documentary evidence necessary to carry out the functions under this section--

    Inserted: "(i) by subpoena, which shall be enforceable, in the case of contumacy or refusal to obey, by order of any appropriate United States district court; or "(ii) through procedures other than subpoenas if obtaining documents or information from Federal agencies;

    Show 17 more inserted paragraphs

    Inserted: "(F) administer to, or take from, any person an oath, affirmation, or affidavit, as necessary to carry out the functions under this section, which oath, affirmation, or affidavit, if administered or taken by or before an agent of the Office of Internal Corruption Investigation shall have the same force and effect as if administered or taken by or before an officer having a seal;

    Inserted: "(G) investigate criminal allegations and noncriminal misconduct;

    Inserted: "(H) acquire adequate office space, equipment, and supplies as necessary to carry out the functions and responsibilities under this section; and

    Inserted: "(I) be under the direct supervision of the Director.";

    Inserted: (B) in paragraph (2), by striking "and" at the end;

    Inserted: (C) in paragraph (3), by striking the period at the end and inserting "; and"; and

    Inserted: (D) by adding at the end the following:

    Inserted: "(4) establishing the Office of Immigration Benefits Fraud Investigation, which shall--

    Inserted: "(A) conduct administrative investigations, including site visits, to address immigration benefit fraud;

    Inserted: "(B) assist United States Citizenship and Immigration Services provide the right benefit to the right person at the right time;

    Inserted: "(C) track, measure, assess, conduct pattern analysis, and report fraud-related data to the Director; and

    Inserted: "(D) work with counterparts in other Federal agencies on matters of mutual interest or information-sharing relating to immigration benefit fraud."; and

    Inserted: (3) by adding at the end the following:

    Inserted: "(c) Annual Report.--The Director, in consultation with the Office of Internal Corruption Investigations, shall submit an annual report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives that describes--

    Inserted: "(1) the activities of the Office, including the number of investigations began, completed, pending, turned over to the Inspector General for criminal investigations, and turned over to a United States Attorney for prosecution; and

    Inserted: "(2) the types of allegations investigated by the Office during the 12-month period immediately preceding the submission of the report that relate to the misconduct, corruption, and fraud described in subsection (a)(1).".

    Inserted: (b) Use of Immigration Fees to Combat Fraud.--Section 286(v)(2)(B) (8 U.S.C. 1356(v)(2)(B)) is amended by adding at the end the following: "Not less than 20 percent of the funds made available under this subparagraph shall be used for activities and functions described in paragraphs (1) and (4) of section 453(a) of the Homeland Security Act of 2002 (6 U.S.C. 273(a)).".

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    Original wording

    At the appropriate place, insert the following:

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As printed

SA 3519. Mr. GRASSLEY submitted an amendment intended to be proposed by him to the bill S. 2454, to amend the Immigration and Nationality Act to provide for comprehensive reform and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. OFFICE OF INTERNAL CORRUPTION INVESTIGATION.

(a) Internal Corruption; Benefits Fraud.--Section 453 of the Homeland Security Act of 2002 (6 U.S.C. 273) is amended--

(1) by striking “the Bureau of” each place it appears and inserting “United States”;

(2) in subsection (a)--

(A) by striking paragraph (1) and inserting the following:

“(1) establishing the Office of Internal Corruption Investigation, which shall--

“(A) receive, process, administer, and investigate criminal and noncriminal allegations of misconduct, corruption, and fraud involving any employee or contract worker of United States Citizenship and Immigration Services that are not subject to investigation by the Inspector General for the Department;

“(B) ensure that all complaints alleging any violation described in subparagraph (A) are handled and stored in a manner appropriate to their sensitivity;

“(C) have access to all records, reports, audits, reviews, documents, papers, recommendations, or other material available to United States Citizenship and Immigration Services, which relate to programs and operations for which the Director is responsible under this Act;

“(D) request such information or assistance from any Federal, State, or local governmental agency as may be necessary for carrying out the duties and responsibilities under this section;

“(E) require the production of all information, documents, reports, answers, records, accounts, papers, and other data and documentary evidence necessary to carry out the functions under this section--

“(i) by subpoena, which shall be enforceable, in the case of contumacy or refusal to obey, by order of any appropriate United States district court; or

“(ii) through procedures other than subpoenas if obtaining documents or information from Federal agencies;

“(F) administer to, or take from, any person an oath, affirmation, or affidavit, as necessary to carry out the functions under this section, which oath, affirmation, or affidavit, if administered or taken by or before an agent of the Office of Internal Corruption Investigation shall have the same force and effect as if administered or taken by or before an officer having a seal;

“(G) investigate criminal allegations and noncriminal misconduct;

“(H) acquire adequate office space, equipment, and supplies as necessary to carry out the functions and responsibilities under this section; and

“(I) be under the direct supervision of the Director.”;

(B) in paragraph (2), by striking “and” at the end;

(C) in paragraph (3), by striking the period at the end and inserting “; and”; and

(D) by adding at the end the following:

“(4) establishing the Office of Immigration Benefits Fraud Investigation, which shall--

“(A) conduct administrative investigations, including site visits, to address immigration benefit fraud;

“(B) assist United States Citizenship and Immigration Services provide the right benefit to the right person at the right time;

“(C) track, measure, assess, conduct pattern analysis, and report fraud-related data to the Director; and

“(D) work with counterparts in other Federal agencies on matters of mutual interest or information-sharing relating to immigration benefit fraud.”; and

(3) by adding at the end the following:

“(c) Annual Report.--The Director, in consultation with the Office of Internal Corruption Investigations, shall submit an annual report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives that describes--

“(1) the activities of the Office, including the number of investigations began, completed, pending, turned over to the Inspector General for criminal investigations, and turned over to a United States Attorney for prosecution; and

“(2) the types of allegations investigated by the Office during the 12-month period immediately preceding the submission of the report that relate to the misconduct, corruption, and fraud described in subsection (a)(1).”.

(b) Use of Immigration Fees to Combat Fraud.--Section 286(v)(2)(B) (8 U.S.C. 1356(v)(2)(B)) is amended by adding at the end the following: “Not less than 20 percent of the funds made available under this subparagraph shall be used for activities and functions described in paragraphs (1) and (4) of section 453(a) of the Homeland Security Act of 2002 (6 U.S.C. 273(a)).”.

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Senate amendment submitted

April 6, 2006