Yorkman, Patricia

From: Topping, Linda

Sent: Friday, September 06, 2002 2:33 PM
To: Chang, Michael B(H)
Cc: Sigmund, Anne; Reback, Richard; Anderson, Charles; Yorkman, Patricia; Carroll, Alfred
Subject: Sen. Grassley Amendment comments from OIG

Michael --
Thank you for forwarding the amendment to us last night for review. Our inspectors and our legal counsel have concerns
with the Section (iii) regarding the conduct of investigations as well as the confusion created vis a vis COM authority

Section (iii) states "Conduct investigations with respect to matters under the jurisdiction of the Secretary." This section
begs for clarification as to what this might include.

OIG's legal counsel notes: J"

1) the proposed amendment could have an effect orr OIG's statutory investigative jurisdiction. The amendment
states that the the Homeland Security Dept can assign employees to diplomatic posts where their duties would include
conduct of investigations with respect to matters under the jurisdiction of the Secretary. It is unclear whether these
employess would be 1811 law enforcement personnel, or what the range of their authority would be, but conceivabley they
would handle visa fraud cases, both employee and non-employee. Would State OIG have concurrent jurisdiction or woulc
OIG be divested of investigative authority?
2) What would the impact be on Chief of Mission authority? Section 207(a) of the Foreign Service Act of 1980
provides the chief of mission essentially with full responsibility over all non-military executive branch employees. Would
the COM be cut out of the loop on a matter if the Homeland Security Secretary asserts jurisdiction? Would those
employees at post who are employees of the Homeland Security Dept be under the authority of the COM.

Hope this is useful Michael.

Best
Linda Topping-Gonzalez (7-7731).
O:\MDM\MDM02.611 S.L.C.

AMENDMENT NO. Calendar No.

Purpose: To provide for the assignment of employees of the
Department of Homeland Security to each diplomatic
arid consular post at which visas are issued, as required
to protect homeland security.

IN THE SENATE OF THE UNITED STATES—107th Cong., 2d Sess.

H.R.5005
To establish the Department of Homeland Security, and for
other purposes.

Referred to the Committee on

and ordered to be printed

Ordered to lie on the table and to be printed

AMENDMENT intended to be proposed by Mr. GRASSLEY

Viz:
1 On pag-e 22, strike lines 1 through 16 and insert the
2 following:
3 (A) IN GENERAL.—The Secretary shall as-
4 sign employees of the Department to each dip-
5 lomatic and consular post at which visas are
6 issued, unless the Secretary determines,''based
7 upon homeland security considerations, that
8 such an assignment is not required at a par-
O:\MDM\MDM02.611 S.L.C.
2
1 ticular post. Employees so assigned shall per-
2 form the following functions:
3 (i) Provide expert advice to consular
4 officers regarding specific security threats
5 ' relating to the adjudication of individual
6 visa applications or classes of applications.
7 (ii) Review any such applications, ei-
8 ther on the initiative of the employee of the
9 Department or upon request by a consular
10 officer or other person charged with adju-
11 dicating such applications.
12 (iii) Conduct investigations with re-
13 spect to matters under the jurisdiction of
14 the Secretaiy.
15 (iv) Appraise the performance of con-
16 sular officers with respect to the processing
17 and adjudication of applications for visas
18 in accordance with performance standards
19 developed by the Secretary. Such apprais-
20 als shall be given great weight by the Sec-
21 retaiy of State in assessing the perform-
22 anee of such officers.