GAO Report from B-304587

B-304587 Apr 06, 2005 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights In February 2005, the U.S. Commission on International Religious Freedom (USCIRF) issued a study, pursuant to section 605 of the International Religious Freedom Act of 1998 (IRFA), on expedited removal proceedings for aliens seeking asylum. Section 208(c)(2) of IRFA directed USCIRF to provide the funds for the section 605 study, subject to the availability of appropriations. In annual appropriations acts, Congress appropriated funds for necessary expenses of the Commission, as authorized by title II of IRFA, and provided that the funds were to be available indefinitely, without fiscal year limitation. The appropriated funds that USCIRF carried over and used for the study were therefore available for that purpose. View Decision B-304587, Review of Issues Relating to a Study on Expedited Removal Pursuant to the International Religious Freedom Act of 1998, April 6, 2005 B-304587 April 6, 2005 The Honorable F. James Sensenbrenner, Jr. Chairman Committee on the Judiciary House of Representatives Subject: Review of Issues Relating to a Study on Expedited Removal Pursuant to the International Religious Freedom Act of 1998 Dear Mr. Chairman: This responds to your letter dated February 4, 2005, concerning the study issued by the United States Commission on International Religious Freedom (USCIRF) under section 605 of the International Religious Freedom Act of 1998 (IRFA).[1] Specifically, you asked us to analyze: (1) whether USCIRF's appropriation was available to fund the study, and (2) whether USCIRF requested that the Attorney General invite the experts designated by the Commission to conduct the study, as described in section 605, and what actions were taken in response to such request. In order to respond to this inquiry, we obtained information and documents from USCIRF and analyzed both issues under relevant law. As explained more fully below, USCIRF's use of carryover funds to fund the study was permissible under title II of IRFA and the relevant appropriations laws. Section 208(c)(2) of IRFA directed the Commission to provide the funds for the Section 605 study, subject to the availability of appropriations. In annual appropriations acts, Congress appropriated funds for necessary expenses of the Commission, as authorized by title II of IRFA, and provided that the funds were to be available indefinitely, without fiscal year limitation. The funds that USCIRF set aside and used for the study were therefore available for that purpose. With respect to the invitation of experts, USCIRF requested the invitations contemplated by section 605 of IRFA from both the Attorney General and the Secretary of Homeland Security. There was no statutory requirement that either the request or the invitations be in writing. Both agencies communicated extensively with the experts through their lead representative and provided written protocols for the experts' access to the immigration proceedings, records, and other information needed to conduct the study. By extending cooperation to the USCIRF-designated experts and facilitating their performance of the study, both agencies invited them to conduct the study within the meaning of section 605 of IRFA. Background USCIRF was established by title II of IRFA. Section 605 of IRFA, which appears in title VI of the act, authorized experts designated by USCIRF to study the effect of the expedited removal provisions of the Immigration and Nationality Act on aliens seeking asylum. With respect to this study, section 605(a)(1) of IRFA states: "If the Commission so requests, the Attorney General shall invite experts designated by the Commission, who are recognized for their expertise and knowledge of refugee and asylum issues, to conduct a study, in cooperation with the Comptroller General of the United States, to determine whether immigration officers . . . are engaging in [specified forms of conduct with respect to aliens seeking asylum]." [2] Section 605(c)(1) of IRFA requires the Attorney General to permit, in the case of a Commission request under section 605(a)(1), the experts designated under that section generally to have "unrestricted access to all stages of all proceedings conducted under section 235(b) [the expedited removal provision] of the Immigration and Nationality Act." [3] Section 208(c)(2) of IRFA, added in August 1999, [4] authorizes USCIRF to provide funds for the study.