New Report on Tillerson-Miller Battle Over Visa and Refugee Functions

Posted: 12:40 pm ET
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The Bureau of Consular Affairs via history.state.gov:

The Immigration and Nationality Act of 1952 (Jun 27, 1952; P.L. 82-414; 66 Stat. 174) established within the Department of State a Bureau of Security and Consular Affairs, headed by an Administrator with rank equal to that of an Assistant Secretary. From Mar 1 to Dec 30, 1954, the Bureau was renamed “Inspection, Security, and Consular Affairs.” From 1953 to 1962, the Secretary of State designated incumbents to this position. The Migration and Refugee Assistance Act of 1962 (Jun 28, 1962; P.L. 87-510; 76 Stat. 123) made the Administrator a Presidential appointee subject to the advice and consent of the Senate. In 1962, the Department transferred the security function to the Deputy Under Secretary for Administration, but the title remained unchanged until 1977, when the Foreign Relations Authorization Act for Fiscal Year 1978 (Aug 17, 1977; P.L. 95-105; 91 Stat. 847) changed the Administrator’s title to “Assistant Secretary of State for Consular Affairs.” This title has been given in full in all subsequent commissions to this office.

WaPo’s John Rogin reported on Sunday about the internal administration debate over which part of the government should be charged of deciding who gets into the United States.  WH policy adviser Stephen Miller has reportedly been pushing Secretary Tillerson to get “tougher” on immigration, vetting and refugee policy at the State Department.   Rogin writes that a White House official told him that if Tillerson doesn’t go along with the changes that Miller and others (???) in the White House are pushing the State Department to implement internally, the plan to strip Foggy Bottom of its role supervising these functions could gain traction.  Rogin’s report quotes State Department spokesperson Heather Nauert saying that Tillerson believes that two bureaus should remain where they are and the Secretary of State reportedly views consular and refugees work “as essential to the Department’s mission to secure our borders and protect the American people.” We linked to Rogin’s report below.

Stephen Miller is widely regarded as the principal author of Trump’s travel ban.  We have a feeling that the only “tougher” vetting that Miller and company will find acceptable is shutting down the U.S. border.

We know that some folks are already distressed with the news about the the potential transfer of consular function to DHS. It doesn’t help that Secretary Tilleron’s “listening tour” recommended it (see @StateDept Survey Report Recommends Moving Issuance of Visas, Passports, Travel Docs to DHS).  Neither is it helpful to discover that the nominee to be the next Assistant Secretary of Consular Affairs is on the record supporting this move (see Ex-FSO Who Once Advocated Moving Visas to DHS May be the Next Asst Secretary For Consular Affairs. And we haven’t forgotten that the nominee to be the next “M” is a seasoned GOP budget aide (see Trump to Nominate Top GOP Budget Aide Eric Ueland to be Under Secretary for Management #StateDept).

But take a deep breath.

Last March, OPM released a publication titled, Workforce Reshaping Operations Handbook (pdf). Under Transfer of Function, OPM writes:

An interagency transfer of a function and/or personnel requires specific statutory authorization. Without a specific statutory basis, there is no authority for an agency to permanently transfer a function and/or personnel to another agency on the basis of a memorandum of understanding, a directive from the Executive Office of the President, a reimbursable agreement, or other administrative procedure.

So Congress would have a say whether or not consular function should be stripped from State and moved to DHS. We anticipate that Congressional representatives — especially those with oversight responsibilities are already aware of the many improvements over the visa and refugee vetting process — would need a compelling justification for moving both functions to another agency.  Like how would DHS make it better, with Agatha and a pre-crime division?

Per historical record, on April 18, 1997 then President Clinton announced the reorganization of foreign affairs agencies. In December 1998, he submitted a report to Congress on the reorganization as required by the Foreign Affairs Reform and Restructuring Act of 1998, the Act that provided authority to reorganize the foreign affairs agencies. On March 28, 1999, the United States Arms Control and Disarmament Agency (ACDA) was integrated into the State Department. The United States Information Agency (USIA) was integrated into State on October 1, 1999.  The Broadcasting Board of Governors (BBG), part of USIA, became a separate federal entity. The Act also provided that USAID remained a separate agency but on April 1, 1999, the USAID Administrator reported to and came under the direct authority and foreign policy guidance of the Secretary of State.  Shrinking State’s budget started in 1993 during the first Clinton term under Warren Christopher. The reorganization did not get completed until halfway through Clinton’s second term.

We cannot say whether or not this is going to happen. After all, during the Clinton years, GOP Senator Jesse Helms was chairman of the Foreign Relations Committee. So we need to pay attention where this is going, but would not do any good to panic over something that appears to be a floated idea at this time. It would, of course, be helpful if we can hear directly from Secretary Tillerson.

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Trump White House Reportedly Considering Folding CA and PRM to Homeland Security

Posted: 3:43 am ET
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Last week, we blogged about Carl Risch who was recently nominated to be the next Assistant Secretary for the Bureau of Consular Affairs (State/CA).  See Ex-FSO Who Once Advocated Moving Visas to DHS May be the Next Asst Secretary For Consular Affairs. On Wednesday, CNN came out with a report about the Trump White House is reportedly considering a proposal to move both CA and PRM to the Department of Homeland Security. The report says the memo came from the WH Domestic Policy Council.  Trump’s DPC page currently says “Domestic Policy Council – Check back soon for more information.”

According to the Obama White House, Executive Order in 1993, established the Domestic Policy Council (DPC) to coordinate the domestic policy-making process in the White House, to ensure that domestic policy decisions and programs are consistent with the President’s stated goals, and to monitor implementation of the President’s domestic policy agenda.

The DPC is chaired by the President and comprised of the following Council members (see if you can spot who’s missing):

  • Vice President;
  • Secretary of Health and Human Services;
  • Attorney General; Secretary of Labor;
  • Secretary of Veterans Affairs;
  • Secretary of the Interior;
  • Secretary of Education;
  • Secretary of Housing and Urban Development;
  • Secretary of Agriculture;
  • Secretary of Transportation;
  • Secretary of Commerce;
  • Secretary of Energy;
  • Secretary of the Treasury;
  • Administrator of the Environmental Protection Agency;
  • Chair of the Council of Economic Advisers;
  • Director of the Office of Management and Budget;
  • Assistant to the President for Economic Policy;
  • Assistant to the President for Domestic Policy;
  • Assistant to the President and Director of the Office of National Service;
  • Senior Advisor to the President for Policy Development;
  • Director, Office of National Drug Control Policy;
  • AIDS Policy Coordinator; and
  • such other officials of Executive departments and agencies as the President may, from time to time designate.

You can read the full Executive Order here.

A January 5 Transition announcement includes the following appointments to the DPC; director and council report to the Senior Advisor to the President for Policy, Stephen Miller.

Director of the White House Domestic Policy Council - Andrew Bromberg -worked at the U.S. Department of Health and Human Services from 2001 to 2009, including serving as the Chief of Staff for the Office of Public Health and Science. He later served as Policy Advisor and Counsel on Nominations for Senator Mitch McConnell. He worked as the Policy Director for the 2016 Republican Party Platform. He now works in a lead policy and administrative role on the Presidential Transition Team.

Deputy Director of the Domestic Policy Council and Director of Budget Policy  – Paul Winfree – Director of the Thomas A. Roe Institute for Economic Policy Studies, the Center for Data Analysis and the Richard F. Aster Research Fellow, all at The Heritage Foundation. Prior to joining Heritage, Mr. Winfree was the Director of Income Security on the U.S. Senate Committee on the Budget.

Via CNN:

The White House is considering a proposal to move both the State Department bureau of Consular Affairs and its bureau of Population, Refugees, and Migration to the Department of Homeland Security, a senior White House official tells CNN.

The move, which the White House official cautioned was far from becoming official policy, would likely be controversial among diplomats and experts in State Department matters.
[…]
The proposals were written in a memo submitted to the White House Office of Management and Budget from the White House Domestic Policy Council as part of President Trump’s March executive order pushing for ideas for Government Reorganization.
[…]
A senior White House official cautioned that the proposal was far from becoming policy, telling CNN that the idea of moving the longstanding State Department bureaus to the Department of Homeland Security is “one among many in a document resulting from a brainstorming session focused on improving efficiencies across government. None has been reviewed in great depth, let alone formally approved.”
More ….

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