Establishes in the Department of Justice the Office of the Associate Attorney General for Immigration Affairs (AAGIA), headed by an Associate Attorney General for Immigration Affairs, who shall be responsible for: (1) supervising the Director of the Bureau of Citizenship and Immigration Services and the Director of the Bureau of Immigration Enforcement; (2) coordinating national immigration policy; and (3) allocating and coordinating such Bureaus' resources through the Office of Shared Services.
(Sec. 3) Establishes within the Office the positions of: (1) Policy Advisor; (2) General Counsel; (3) Chief Financial Officer; and (4) Director of Shared Services.
Establishes within the Office: (1) the Office of the Ombudsman; (2) the Office of Professional Responsibility and Quality Review; and (3) the Office of Children's Affairs, which shall implement law and policy for unaccompanied alien children who come into the custody of the Department of Justice, including placement and foster care issues and development of a legal representation plan.
Transfers from INS to the Office of Children's Affairs functions relating to unaccompanied alien children.
Transfers from the Assistant Attorney, Civil Division, to the Associate Attorney General for Immigration affairs all functions performed by the Office of Immigration Litigation, and all related personnel, infrastructure, and funding.
(Sec. 4) Establishes in the Department of Justice the Bureau of Citizenship and Immigration Services (BCIS), to be headed by the Director of the Bureau of Citizenship and Immigration Services.
Requires the Director to: (1) designate an official to administer student visa programs and the Student and Exchange Visitor Information System through September 30, 2004 (authorizes administrative continuance after such date); and (2) provide appropriate student-related information to the Director of the Bureau of Immigration Enforcement.
Requires the Director to implement a managerial rotation program under which supervisory and managerial personnel shall, as a condition of further promotion, work in field offices or service centers and gain multi-function experience.
Authorizes the Director to implement immigration backlog pilot initiatives.
Transfers all INS and service center adjudication functions and personnel to the BCIS, including functions and personnel related to visa and naturalization petitions, and asylum and refugee applications.
Establishes in the BCIS: (1) the Office of Policy and Strategy, which shall establish and coordinate national immigration policies; (2) the position of Chief Budget Officer; (3) the Office of Congressional, Intergovernmental, and Public Affairs; and (4) the Office of Citizenship, which shall be responsible for promoting citizenship and naturalization training.
Authorizes the establishment in the BCIS of the position of Legal Advisor.
Sets forth requirements for sectors, field offices, and service centers.
(Sec. 5) Sets forth the functions of the Office of the Ombudsman, including: (1) individual and employer problem resolution with the BCIS; (2) problem area identification, and legislative and administrative corrective proposals; and (3) local Ombudsman office monitoring.
(Sec. 6) Establishes in the Department of Justice the Bureau of Immigration Enforcement (BIE), to be headed by the Director of the Bureau of Immigration Enforcement.
Requires the Director to implement a managerial rotation program under which supervisory and managerial personnel shall, as a condition of further promotion, work in field offices or service centers and gain multi-function experience.
Transfers to the BIE all INS functions respecting: (1) the Border Patrol; (2) the detention and removal program; (3) the intelligence program; (4) the investigations program; and (5) the inspections program.
Establishes in the BIE: (1) the Office of Policy and Strategy to establish and coordinate national immigration enforcement policies; (2) the position of Chief Budget Officer; and (3) the Office of Congressional, Intergovernmental, and Public Affairs.
Authorizes the establishment in the BIE of the position of Legal Advisor.
Sets forth requirements for sectors, field offices, and Border Patrol sectors.
(Sec. 7) Amends the Omnibus Crime Control and Safe Streets Act to establish within the Bureau of Justice Statistics of the Department of Justice the Office of Immigration Statistics, to be headed by a Director. States that the Office shall: (1) maintain all immigration statistical information from the Office of the AAGIA, the BIE, the BCIS, and the Executive Office for Immigration Review; and (2) establish standards for statistical reliability.
Transfers to the Office functions of the Statistics Branch of the Office of Policy Planning of INS.
(Sec. 8) States that: (1) the Attorney General or his delegate may perform any function for which this Act vests responsibility in an official other than the Attorney General; and (2) nothing in this Act shall be construed to limit the powers, authorities, or duties of the Secretary of State and special agents of the Department of State and the Foreign Service under the State Department Basic Authorities Act, the Immigration and Nationality Act, or any other Act, to investigate illegal passport or visa issuance or use.
(Sec. 9) Sets forth savings provisions respecting: (1) legal documents; (2) proceedings; (3) suits and continuance of suits; (4) nonabatement of actions; and (5) administrative procedure and judicial review.
(Sec. 10) Sets forth requirements for the transfer of Department of Justice personnel and related matters (including database integration) in conjunction with the transfer of functions under this Act.
(Sec. 11) Directs the Attorney General, prior to obligating any resources for voluntary separation incentives (authorized by this Act), to submit to the appropriate congressional committees a strategic restructuring plan. States that an individual who within five years of such separation accepts compensated Federal employment shall be required to repay the entire incentive amount.
(Sec. 12) Authorizes the Attorney General, during a period ending not later than five years after enactment of this Act, to conduct an employee disciplinary demonstration project.
(Sec. 13) Authorizes appropriations to effect the abolition of INS and to establish the replacement entities created under this Act. Establishes in the Treasury the Immigration Reorganization Transition Account. Sets forth related funding and fee provisions. Authorizes appropriations for refugee and asylum adjudications.
Expresses the sense of Congress that the missions of the Office of the AAGIA, the BCIS, and the BIE are equally important, and should be adequately funded to ensure they operate at financial levels not below those in existence prior to the enactment this Act.
Amends the Immigration Services and Infrastructure Improvements Act of 2000 to extend the immigration application backlog elimination date to one year after enactment of this Act.
(Sec. 14) Directs the Attorney General to report to specified congressional committees on: (1) division and transfer of funds and personnel among the Office of the AAGIA, the BCIS, and the BIE; (2) improvement of immigration services; (3) BIE enforcement plans; (4) whether the Director of Shared Services is properly and efficiently servicing the BCIS and the BIE; (5) closure of permanent interior checkpoints and fund reallocation for border and point of entry enforcement; and (6) necessary law and funding revisions to ensure timely response to emergent or unforeseen immigration needs.
Directs the Attorney General to submit reorganization implementation plans semi-annually through FY 2005, which shall include establishment of separate BCIS and BIE accounts and financial management systems.
Directs the Comptroller General to report to specified congressional committees on: (1) transfer of functions under this Act; and (2) resultant improvements in operations, management, and financial and information administration.
(Sec. 15) Directs the Attorney General to: (1) establish an Internet-based immigration filings tracking system, and a related Technology Advisory Committee; and (2) conduct a feasibility study of online immigration filing, including a review of related INS computerization and technology.
(Sec. 16) Defines "function" and "office" for purposes of this Act.
(Sec. 17) States that: (1) the abolishment of INS, the establishment of the Office of the AAGIA, the BCIS, and the BIE, appointment of Directors, and the transfer of functions shall take effect one year after the date of enactment of this Act; and (2) the Associate Attorney General for Immigration Affairs is authorized to perform specified functions during an 18-month transition period.
[Congressional Bills 107th Congress]
[From the U.S. Government Printing Office]
[H.R. 3231 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 3231
To replace the Immigration and Naturalization Service with the Agency
for Immigration Affairs, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 6, 2001
Mr. Sensenbrenner (for himself and Mr. Gekas) introduced the following
bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To replace the Immigration and Naturalization Service with the Agency
for Immigration Affairs, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Immigration Reform and
Accountability Act of 2001''.
SEC. 2. ABOLISHMENT OF IMMIGRATION AND NATURALIZATION SERVICE;
ESTABLISHMENT OF AGENCY FOR IMMIGRATION AFFAIRS.
(a) Abolishment of INS.--The Immigration and Naturalization Service
of the Department of Justice is abolished.
(b) Establishment of Agency for Immigration Affairs.--
(1) In general.--There is established in the Department of
Justice an agency to be known as the ``Agency for Immigration
Affairs''.
(2) Associate attorney general.--The head of the Agency for
Immigration Affairs shall be the Associate Attorney General for
Immigration Affairs. The Associate Attorney General for
Immigration Affairs--
(A) shall be appointed by the President, by and
with the consent of the Senate;
(B) shall report directly to the Attorney General;
and
(C) shall have a minimum of 10 years experience in
managing a large and complex organization.
(c) Functions.--The Associate Attorney General for Immigration
Affairs--
(1) shall oversee the work of, and supervise, the Director
of the Bureau of Immigration Services and Adjudications and the
Director of the Bureau of Immigration Enforcement;
(2) shall oversee the work of, and supervise, the Director
of the Executive Office for Immigration Review;
(3) shall review on referral such decisions of the Board of
Immigration Appeals as--
(A) he or she directs the Board to refer to him or
her;
(B) the Chairman or a majority of the Board of
Immigration Appeals refers to him or her;
(C) requested by the Director of the Bureau of
Immigration Services and Adjudications; or
(D) requested by the Director of the Bureau of
Immigration Enforcement;
(4) shall coordinate the administration of national
immigration policy, including coordinating the operations of
the Executive Office for Immigration Review, the Bureau of
Immigration Services and Adjudications, and the Bureau of
Immigration Enforcement, and reconcile conflicting policies of
such office and bureaus; and
(5) shall allocate and coordinate resources involved in
supporting shared support functions for the Bureau of
Immigration Services and Adjudications, the Bureau of
Immigration Enforcement, and offices within the Department of
Justice, through the Office of Shared Services established by
section 3.
SEC. 3. OFFICERS OF AGENCY FOR IMMIGRATION AFFAIRS.
(a) Policy Advisor.--There shall be a position of Policy Advisor
for the Agency for Immigration Affairs. The Policy Advisor shall be
charged with providing advice to the Associate Attorney General for
Immigration Affairs on all matters relating to immigration and
naturalization policy. The Policy Advisor shall coordinate and
reconcile the resolution of policy issues by the Bureau of Immigration
Services and Adjudications, the Bureau of Immigration Enforcement, and
the Executive Office for Immigration Review.
(b) Legal Advisor.--There shall be a position of Legal Advisor for
the Agency for Immigration Affairs. The Legal Advisor shall be charged
with providing legal advice to the Associate Attorney General for
Immigration Affairs on all matters relating to immigration and
naturalization. The Legal Advisor shall coordinate and reconcile the
resolution of legal issues by the Bureau of Immigration Services and
Adjudications, the Bureau of Immigration Enforcement, and the Executive
Office for Immigration Review. The Legal Advisor may issue legal
opinions on general issues of law, which shall be binding on all
officers and employees of the Agency for Immigration Affairs and which
shall be published in an appropriate form.
(c) Chief Financial Officer.--
(1) In general.--There shall be a position of Chief
Financial Officer for the Agency for Immigration Affairs.
(2) Functions.--The Chief Financial Officer shall be
responsible for--
(A) the financial management of the Agency for
Immigration Affairs and shall have the authorities and
functions described in section 902 of title 31, United
States Code, in relation to financial activities of the
agency;
(B) collection of all payments, fines, and other
debts for the Bureau of Immigration Services and
Adjudications, the Bureau of Immigration Enforcement,
and the Executive Office for Immigration Review; and
(C) coordinating all budget and other financial
management issues with the Bureau of Immigration
Services and Adjudications, the Bureau of Immigration
Enforcement, and the Executive Office for Immigration
Review.
(d) Director of Shared Services.--There shall be a position of
Director of the Office of Shared Services for the Agency for
Immigration Affairs. The Director of the Office of Shared Services
shall be responsible for the appropriate allocation and coordination of
resources involved in supporting shared support functions for the
Bureau of Immigration Services and Adjudications, the Bureau of
Immigration Enforcement, the Executive Office for Immigration Review,
and other offices within the Department of Justice, including--
(1) facilities management;
(2) information resources management, including computer
databases and information technology;
(3) records and file management; and
(4) forms management.
(e) Office of the Ombudsman.--
(1) Establishment.--
(A) In general.--There is established in the Agency
for Immigration Affairs an office to be known as the
``Office of the Ombudsman''.
(B) Ombudsman.--
(i) In general.--The Office of the
Ombudsman shall be under the supervision and
direction of an official to be known as the
``Ombudsman''. The Ombudsman shall report
directly to the Associate Attorney General for
Immigration Affairs.
(ii) Qualifications.--The Ombudsman shall
have a background in customer service as well
as immigration law.
(2) Functions of office.--The Ombudsman shall perform the
functions described in section 5.
(f) Office of Professional Responsibility and Quality Review.--
(1) In general.--There is established in the Agency for
Immigration Affairs an office to be known as the ``Office of
Professional Responsibility and Quality Review''. The head of
the Office of Professional Responsibility and Quality Review
shall be the Chief of the Office of Professional Responsibility
and Quality Review. The Chief of the Office of Professional
Responsibility and Quality Review shall be responsible for--
(A) conducting investigations of noncriminal
allegations of misconduct, corruption, and fraud
involving any employee of the Agency for Immigration
Affairs that are not subject to investigation by the
Department of Justice Office of the Inspector General;
(B) inspecting the operations of the Agency for
Immigration Affairs and providing assessments of the
quality of the operations of the agency as a whole and
each of its components; and
(C) providing an analysis of the management of the
Agency for Immigration Affairs.
(2) Special considerations.--In providing assessments in
accordance with paragraph (1)(B) with respect to decisions of
the Agency for Immigration Affairs or any of its components,
consideration shall be given to--
(A) the accuracy of the finding of fact and
conclusions of law used in rendering the decision;
(B) any fraud or misrepresentation associated with
the decision; and
(C) the efficiency with which the decision was
rendered.
(g) Employee Discipline for Willful Deceit.--The Associate Attorney
General for Immigration Affairs may, notwithstanding any other
provision of law, impose disciplinary action, including termination of
employment, pursuant to policies and procedures applicable to employees
of the Federal Bureau of Investigation, for any employee of the Agency
for Immigration Affairs who willfully deceives the Congress or agency
leadership on any matter.
(h) Definition.--For purposes of this section, the term ``employee
of the Agency for Immigration Affairs'' includes all employees of the
Agency for Immigration Affairs, the Bureau of Immigration Services and
Adjudications, the Bureau of Immigration Enforcement, and the Executive
Office of Immigration Review (including immigration judges,
administrative law judges, and members of the Board of Immigration
Appeals).
SEC. 4. ESTABLISHMENT OF BUREAU OF IMMIGRATION SERVICES AND
ADJUDICATIONS.
(a) Establishment of Bureau.--
(1) In general.--There is established in the Agency for
Immigration Affairs a bureau to be known as the ``Bureau of
Immigration Services and Adjudications''.
(2) Director.--The head of the Bureau of Immigration
Services and Adjudications shall be the Director of the Bureau
of Immigration Services and Adjudications, who--
(A) shall report directly to the Associate Attorney
General for Immigration Affairs; and
(B) shall have a minimum of 10 years professional
experience in the rendering of adjudications on the
provision of government benefits or services, at least
5 of which shall have been years of service in a
managerial capacity or in a position affording
comparable management experience.
(3) Functions.--The Director of the Bureau of Immigration
Services and Adjudications--
(A) shall establish the policies for performing
such functions as are transferred to the Director by
this section or this Act or otherwise vested in the
Director by law;
(B) shall oversee the administration of such
policies;
(C) shall advise the Associate Attorney General for
Immigration Affairs with respect to any policy or
operation of the Bureau of Immigration Services and
Adjudications that may affect the Bureau of Immigration
Enforcement, the Executive Office for Immigration
Review, or both, including potentially conflicting
policies or operations;
(D) shall meet regularly with the Ombudsman to
correct serious service problems identified by the
Ombudsman; and
(E) shall establish procedures requiring a formal
response to any recommendations submitted in the
Ombudsman's annual report to the Congress within 3
months after its submission to the Congress.
(b) Transfer of Functions.--
(1) From commissioner.--There are transferred from the
Commissioner of the Immigration and Naturalization Service to
the Director of the Bureau of Immigration Services and
Adjudications all functions performed under the following
programs, and all personnel, infrastructure, and funding
provided to the Commissioner in support of such programs
immediately before the effective date of this section:
(A) Adjudications of nonimmigrant and immigrant
visa petitions.
(B) Adjudications of naturalization petitions.
(C) Adjudications of asylum and refugee
applications.
(D) Adjudications performed at Service centers.
(E) All other adjudications under the Immigration
and Nationality Act performed by the Immigration and
Naturalization Service as of the date of the enactment
of this Act.
(2) From assistant attorney general, civil rights
division.--There are transferred from the Assistant Attorney
General, Civil Rights Division, to the Director of the Bureau
of Immigration Services and Adjudications all functions
performed by the Office of Special Counsel for Immigration
Related Unfair Employment Practices, and all personnel,
infrastructure, and funding provided to the Assistant Attorney
General, United States Civil Rights Division, in support of the
Office of Special Counsel for Immigration Related Unfair
Employment Practices immediately before the effective date of
this section.
(3) From assistant attorney general, civil division.--There
are transferred from the Assistant Attorney General, Civil
Division, to the Director of the Bureau of Immigration Services
and Adjudications all functions performed by the Office of
Immigration Litigation relating to the litigation of
naturalization suits and litigation involving immigrant and
nonimmigrant visas and all personnel, infrastructure, and
funding provided to the Assistant Attorney General, Civil
Division, in support of those functions immediately before the
effective date of this section.
(c) Office of Policy and Strategy.--There is established in the
Bureau of Immigration Services and Adjudications an office to be known
as the ``Office of Policy and Strategy''. The head of the Office of
Policy and Strategy shall be the Chief of the Office of Policy and
Strategy. In consultation with Bureau of Immigration Services and
Adjudications personnel in field offices, the Chief of the Office of
Policy and Strategy shall be responsible for--
(1) establishing national immigration services policies and
priorities;
(2) performing policy research and analysis on immigration
services issues (excluding statistical information); and
(3) coordinating immigration policy issues with the Office
of Policy and Strategy for the Bureau of Immigration
Enforcement and the Associate Attorney General for Immigration
Affairs through the Policy Advisor for the Agency for
Immigration Affairs, as appropriate.
(d) General Counsel for Bureau of Immigration Services and
Adjudications.--There shall be a position of General Counsel for the
Bureau of Immigration Services and Adjudications. The General Counsel
and his or her delegates--
(1) shall provide specialized legal advice and other
assistance to the Director of the Bureau of Immigration
Services and Adjudications, the Director's delegates, and all
employees of the components transferred under this section;
(2) shall represent the Bureau of Immigration Services and
Adjudications in visa petition appeal proceedings and unfair
immigration-related employment practice proceedings before the
Executive Office for Immigration Review and in other legal,
judicial, or administrative proceedings involving immigration
services issues (excluding exclusion, deportation, or removal
proceedings and applications for relief therefrom); and
(3) shall coordinate legal issues with the General Counsel
for the Bureau of Immigration Enforcement, including the
issuance of joint legal opinions where more than the Bureau of
Immigration Services and Adjudications is affected, the General
Counsel for the Executive Office for Immigration Review, and
the Associate Attorney General for Immigration Affairs through
the Legal Advisor for the Agency for Immigration Affairs, as
appropriate.
(e) Chief Budget Officer for Bureau of Immigration Services and
Adjudications.--There shall be a position of Chief Budget Officer for
the Bureau of Immigration Services and Adjudications. The Chief Budget
Officer shall be responsible for formulating and executing the budget
of the Bureau of Immigration Services and Adjudications. The Chief
Budget Officer shall report to the Director of the Bureau of
Immigration Services and Adjudications and shall provide information
to, and coordinate resolution of relevant issues with, the Chief
Financial Officer for the Agency for Immigration Affairs.
(f) Office of Operations Statistics.--There is established in the
Bureau of Immigration Services and Adjudications an office to be known
as the ``Office of Operations Statistics''. The head of the Office of
Operations Statistics shall be the Chief of the Office of Operations
Statistics. The Chief shall have had experience in statistical
programs. The Chief of the Office of Operations Statistics shall be
responsible for compiling and disseminating the daily operational
statistics of the Bureau of Immigration Services and Adjudications.
(g) Office of Congressional, Intergovernmental, and Public
Affairs.--There is established in the Bureau of Immigration Services
and Adjudications an office to be known as the ``Office of
Congressional, Intergovernmental, and Public Affairs''. The head of
such office shall be the Chief of the Office of Congressional,
Intergovernmental, and Public Affairs. The Chief shall be responsible
for--
(1) providing information relating to immigration services
to the Congress, including information on specific cases
relating to immigration services;
(2) serving as a liaison with other Federal agencies on
immigration services issues; and
(3) responding to inquiries from the media and general
public on immigration services issues.
(h) Sectors.--Headed by sector directors, and located in
appropriate geographic locations, sectors of the Bureau of Immigration
Services and Adjudications shall be responsible for directing all
aspects of the Bureau of Immigration Services and Adjudication
operations within their assigned geographic areas of activity. Sector
directors shall provide general guidance and supervision to the field
offices of the Bureau of Immigration Services and Adjudications within
their sectors.
(i) Field Offices.--Headed by field directors, who may be assisted
by deputy field directors, these offices shall be responsible for
assisting the Director of the Bureau of Immigration Services and
Adjudications in carrying out the Director's functions. Field directors
shall be subject to the general supervision and direction of their
respective sector director, except that field directors outside of the
United States shall be subject to the general supervision and direction
of the Director of the Bureau of Immigration Services and
Adjudications. All field directors shall remain accountable to, and
receive their authority from, the Director of the Bureau of Immigration
Services and Adjudications, in order to ensure consistent application
and implementation of policies nationwide.
(j) Service Centers.--Headed by service center directors, field
offices shall be responsible for assisting the Director of the Bureau
of Immigration Services and Adjudications in carrying out the
Director's functions that can be effectively carried out at remote
locations. Service center directors are subject to the general
supervision and direction of their respective sector director, except
that all service center directors shall remain accountable to, and
receive their authority from, the Director of the Bureau of Immigration
Services and Adjudications, in order to ensure consistent application
and implementation of policies nationwide.
(k) Transfer and Removal.--Notwithstanding any other provision of
law, the Director of the Bureau of Immigration Services and
Adjudications may, in the Director's discretion, transfer or remove any
field director, sector director, or service center director.
(l) References.--With respect to any function transferred by this
section or Act to, and exercised on or after the effective date of this
section by, the Director of the Bureau of Immigration Services and
Adjudications, any reference in any other Federal law, Executive order,
rule, regulation, or delegation of authority, or any document of or
pertaining to a component of government from which such function is
transferred--
(1) to the head of such component is deemed to refer to the
Director of the Bureau of Immigration Services and
Adjudications; or
(2) to such component is deemed to refer to the Bureau of
Immigration Services and Adjudications.
SEC. 5. OFFICE OF THE OMBUDSMAN.
(a) Functions.--It shall be the function of the Office of the
Ombudsman established under section 3--
(1) to assist individuals and employers in resolving
problems with the Bureau of Immigration Services and
Adjudications;
(2) to identify areas in which individuals and employers
have problems in dealing with the Bureau of Immigration
Services and Adjudications;
(3) to the extent possible, to propose changes in the
administrative practices of the Bureau of Immigration Services
and Adjudications to mitigate problems identified under
paragraph (2); and
(4) to identify potential legislative changes which may be
appropriate to mitigate such problems.
(b) Annual Reports.--
(1) Objectives.--Not later than June 30 of each calendar
year, the Ombudsman shall report to the Committee on the
Judiciary of the House of Representatives and the Senate on the
objectives of the Office of the Ombudsman for the fiscal year
beginning in such calendar year. Any such report shall contain
full and substantive analysis, in addition to statistical
information, and--
(A) shall identify the initiatives the Office of
the Ombudsman has taken on improving services and
responsiveness of the Bureau of Immigration Services
and Adjudications;
(B) shall contain a summary of the most pervasive
and serious problems encountered by individuals and
employers, including a description of the nature of
such problems;
(C) shall contain an inventory of the items
described in subparagraphs (A) and (B) for which action
has been taken and the result of such action;
(D) shall contain an inventory of the items
described in subparagraphs (A) and (B) for which action
remains to be completed and the period during which
each item has remained on such inventory;
(E) shall contain an inventory of the items
described in subparagraphs (A) and (B) for which no
action has been taken, the period during which each
item has remained on such inventory, the reasons for
the inaction, and identify any Bureau of Immigration
Services and Adjudications official who is responsible
for such inaction;
(F) shall contain recommendations for such
administrative and legislative action as may be
appropriate to resolve problems encountered by
individuals and employers; and
(G) shall include such other information as the
Ombudsman may deem advisable.
(2) Report to be submitted directly.--Each report required
under this subsection shall be provided directly to the
committees described in paragraph (1) without any prior review
or comment from the Assistant Attorney General for Immigration
Affairs, any other officer or employee of the Department of
Justice, or the Office of Management and Budget.
(c) Other Responsibilities.--The Ombudsman--
(1) shall monitor the coverage and geographic allocation of
local offices of the Ombudsman;
(2) shall develop guidance to be distributed to all Bureau
of Immigration Services and Adjudications officers and
employees outlining the criteria for referral of inquiries to
local offices of the Ombudsman;
(3) shall ensure that the local telephone number for each
local office of the Ombudsman is published and available to
individuals and employers served by the office; and
(4) shall meet regularly with the Director of the Bureau of
Immigration Services and Adjudications to identify serious
service problems and to present recommendations for
administrative action as may be appropriate to resolve problems
encountered by individuals and employers.
(d) Personnel Actions.--
(1) In general.--The Ombudsman shall have the
responsibility and authority--
(A) to appoint local ombudsmen and make available
at least 1 such ombudsman for each State; and
(B) to evaluate and take personnel actions
(including dismissal) with respect to any employee of
any local office of the Ombudsman described in
subparagraph (A).
(2) Consultation.--The Ombudsman may consult with the
appropriate supervisory personnel of the Bureau of Immigration
Services and Adjudications in carrying out the Ombudsman's
responsibilities under this subsection.
(e) Responsibilities of Bureau of Immigration Services and
Adjudications.--The Director of the Bureau of Immigration Services and
Adjudications shall establish procedures requiring a formal response to
all recommendations submitted to such director by the Ombudsman within
3 months after submission to such director.
(f) Operation of Local Offices.--
(1) In general.--Each local ombudsman --
(A) shall report to the Ombudsman or delegate
thereof;
(B) may consult with the appropriate supervisory
personnel of the Bureau of Immigration Services and
Adjudications regarding the daily operation of the
local office of such ombudsman;
(C) shall, at the initial meeting with any
individual or employer seeking the assistance of such
local office, notify such individual or employer that
the local offices of the Ombudsman operate
independently of any other component in the Agency for
Immigration Affairs and report directly to the Congress
through the Ombudsman; and
(D) at the local ombudsman's discretion, may
determine not to disclose to the Bureau of Immigration
Services and Adjudications contact with, or information
provided by, such individual or employer.
(2) Maintenance of independent communications.--Each local
office of the Ombudsman shall maintain a phone, facsimile, and
other means of electronic communication access, and a post
office address, that is separate from those maintained by the
Bureau of Immigration Services and Adjudications, or any
component of the Bureau of Immigration Services and
Adjudications.
SEC. 6. ESTABLISHMENT OF BUREAU OF IMMIGRATION ENFORCEMENT.
(a) Establishment of Bureau.--
(1) In general.--There is established in the Agency for
Immigration Affairs a bureau to be known as the ``Bureau of
Immigration Enforcement''.
(2) Director.--The head of the Bureau of Immigration
Enforcement shall be the Director of the Bureau of Immigration
Enforcement, who--
(A) shall report directly to the Associate Attorney
General for Immigration Affairs; and
(B) shall have a minimum of 10 years professional
experience in law enforcement, at least 5 of which
shall have been years of service in a managerial
capacity.
(3) Functions.--The Director of the Bureau of Immigration
Enforcement--
(A) shall establish the policies for performing
such functions as are transferred to the Director by
this section or this Act or otherwise vested in the
Director by law;
(B) shall oversee the administration of such
policies; and
(C) shall advise the Associate Attorney General for
Immigration Affairs with respect to any policy or
operation of the Bureau of Immigration Enforcement that
may affect the Bureau of Immigration Services and
Adjudications, or the Executive Office for Immigration
Review, including potentially conflicting policies or
operations.
(b) Transfer of Functions.--
(1) From commissioner.--There are transferred from the
Commissioner of the Immigration and Naturalization Service to
the Director of the Bureau of Immigration Enforcement all
functions performed under the following programs, and all
personnel, infrastructure, and funding provided to the
Commissioner in support of such programs immediately before the
effective date of this section:
(A) The Border Patrol program.
(B) The detention and removal program.
(C) The intelligence program.
(D) The investigations program.
(E) The inspections program.
(2) From assistant attorney general, criminal division.--
There are transferred from the Assistant Attorney General,
Criminal Division, to the Director of the Bureau of Immigration
Enforcement all functions performed by the Office of Special
Investigations and all personnel, infrastructure, and funding
provided to the Assistant Attorney General, Criminal Division,
in support of the Office of Special Investigations immediately
before the effective date of this section.
(3) From assistant attorney general, civil division.--There
are transferred from the Assistant Attorney General, Civil
Division, to the Director of the Bureau of Immigration
Enforcement all functions performed by the Office of
Immigration Litigation relating to the litigation of the
following:
(A) Challenges to orders of exclusion, deportation,
and removal;
(B) Denials of relief from exclusion, deportation,
and removal;
(C) Petitions seeking review of employer sanctions;
(D) Habeas corpus actions filed by aliens seeking
release from detention or to block deportation or
removal;
(E) Appeals from district court immigration
decisions;
(F) Suits challenging immigration policy and
enforcement actions by the Attorney General; and
(G) all personnel, infrastructure, and funding
provided to the Assistant Attorney General, Civil
Division, in support of those functions immediately
before the effective date of this section.
(c) Office of Policy and Strategy.--There is established in the
Bureau of Immigration Enforcement an office to be known as the ``Office
of Policy and Strategy''. The head of the Office of Policy and Strategy
shall be the Chief of the Office of Policy and Strategy. In
consultation with Bureau of Immigration Enforcement personnel in field
offices, the Chief of the Office of Policy and Strategy shall be
responsible for--
(1) establishing national immigration enforcement policies
and priorities;
(2) performing policy research and analysis on immigration
enforcement issues (excluding statistical information); and
(3) coordinating immigration policy issues with the Office
of Policy and Strategy for the Bureau of Immigration Services
and Adjudications and the Associate Attorney General for
Immigration Affairs through the Policy Advisor for the Office
of the Associate Attorney General for Immigration Affairs, as
appropriate.
(d) General Counsel for the Bureau of Immigration Enforcement.--
There shall be a position of General Counsel for the Bureau of
Immigration Enforcement. The General Counsel and his or her delegates--
(1) shall provide specialized legal advice and other
assistance to the Director of the Bureau, the Director's
delegates, and all employees of the components transferred
under this section;
(2) shall represent the Bureau in all exclusion,
deportation, and removal proceedings before the Executive
Office for Immigration Review, including in proceedings to
adjudicate relief from exclusion, deportation and removal, and
in other legal, judicial, or administrative proceedings
involving immigration enforcement issues; and
(3) shall coordinate legal issues with the General Counsel
for the Bureau of Immigration Services and Adjudications,
including the issuance of joint legal opinions where more than
the Bureau of Immigration Enforcement is affected, the General
Counsel for the Executive Office for Immigration Review, and
the Associate Attorney General for Immigration Affairs through
the Legal Advisor for the Agency for Immigration Affairs, as
appropriate.
(e) Chief Budget Officer for the Bureau of Immigration
Enforcement.--There shall be a position of Chief Budget Officer for the
Bureau of Immigration Enforcement. The Chief Budget Officer shall be
responsible for formulating and executing the budget of the Bureau of
Immigration Enforcement. The Chief Budget Officer shall report to the
Director of the Bureau of Immigration Enforcement and shall provide
information to, and coordinate resolution of relevant issues with, the
Chief Financial Officer for the Agency for Immigration Affairs.
(f) Office of Operations Statistics.--There is established in the
Bureau of Immigration Enforcement an office to be known as the ``Office
of Operations Statistics''. The head of the Office of Operations
Statistics shall be the Chief of the Office of Operations Statistics.
The Chief shall have had experience in statistical programs. The Chief
of the Office of Operations Statistics shall be responsible for
compiling and disseminating the daily operational statistics of the
Bureau of Immigration Enforcement.
(g) Office of Congressional, Intergovernmental, and Public
Affairs.--There is established in the Bureau of Immigration Enforcement
an office to be known as the ``Office of Congressional,
Intergovernmental, and Public Affairs''. The head of such office shall
be the Chief of the Office of Congressional, Intergovernmental, and
Public Affairs. The Chief shall be responsible for--
(1) providing information relating to immigration
enforcement to the Congress, including information on specific
cases relating to immigration enforcement;
(2) serving as a liaison with other Federal agencies on
immigration enforcement issues; and
(3) responding to inquiries from the media and the general
public on immigration enforcement issues.
(h) Sectors.--Headed by sector directors, and located in
appropriate geographic locations, sectors of the Bureau of Immigration
Enforcement shall be responsible for directing all aspects of the
Bureau of Immigration Enforcement's operations within their assigned
geographic areas of activity. Sector directors shall provide general
guidance and supervision to the field offices of the Bureau of
Immigration Enforcement within their sectors.
(i) Field Offices.--Headed by field directors, who may be assisted
by deputy field directors, field offices shall be responsible for
assisting the Director of the Bureau of Immigration Enforcement in
carrying out the Director's functions. Field directors shall be subject
to the general supervision and direction of their respective sector
director, except that field directors outside of the United States
shall be subject to the general supervision and direction of the
Director of the Bureau of Immigration Enforcement. All field directors
shall remain accountable to, and receive their authority from, the
Director of the Bureau of Immigration Enforcement, in order to ensure
consistent application and implementation of policies nationwide. There
shall be a field office situated in at least every location where there
is situated a field office of the Bureau of Immigration Services and
Adjudications.
(j) Border Patrol Sectors.--Headed by chief patrol agents, who may
be assisted by deputy chief patrol agents, these offices shall be
responsible for the enforcement of the Immigration and Nationality Act
and all other laws relating to immigration and naturalization within
their assigned geographic areas of activity, unless any such power and
authority is required to be exercised by higher authority or has been
exclusively delegated to another immigration official or class of
immigration officer. Chief patrol agents are subject to the general
supervision and direction of their respective sector director, except
that they shall remain accountable to, and receive their authority
from, the Director of the Bureau of Immigration Enforcement, in order
to ensure consistent application and implementation of policies
nationwide.
(k) Transfer and Removal.--Notwithstanding any other provision of
law, the Director of the Bureau of Immigration Enforcement may, in the
Director's discretion, transfer or remove any field director, sector
director, or chief patrol officer.
(l) References.--With respect to any function transferred by this
section or Act to, and exercised on or after the effective date of this
section by, the Director of the Bureau of Immigration Enforcement, any
reference in any other Federal law, Executive order, rule, regulation,
or delegation of authority, or any document of or pertaining to a
component of government from which such function is transferred--
(1) to the head of such component is deemed to refer to the
Director of the Bureau of Immigration Enforcement; or
(2) to such component is deemed to refer to the Bureau of
Immigration Enforcement.
SEC. 7. EXERCISE OF AUTHORITIES.
Except as otherwise provided by law, a Federal official to whom a
function is transferred by this Act may, for purposes of performing the
function, exercise all authorities under any other provision of law
that were available with respect to the performance of that function to
the official responsible for the performance of the function
immediately before the effective date of the transfer of the function
under this Act.
SEC. 8. SAVINGS PROVISIONS.
(a) Legal Documents.--All orders, determinations, rules,
regulations, permits, grants, loans, contracts, agreements, recognition
of labor organizations, certificates, licenses, and privileges--
(1) that have been issued, made, granted, or allowed to
become effective by the President, the Attorney General, the
Commissioner of the Immigration and Naturalization Service,
their delegates, or any other Government official, or by a
court of competent jurisdiction, in the performance of any
function that is transferred by this Act; and
(2) that are in effect on the effective date of such
transfer (or become effective after such date pursuant to their
terms as in effect on such effective date),
shall continue in effect according to their terms until modified,
terminated, superseded, set aside, or revoked in accordance with law by
the President, any other authorized official, a court of competent
jurisdiction, or operation of law.
(b) Proceedings.--Sections 4 and 6 and this section shall not
affect any proceedings or any application for any benefit, service,
license, permit, certificate, or financial assistance pending on the
effective date specified in section 17(a) before an office whose
functions are transferred by this Act, but such proceedings and
applications shall be continued. Orders shall be issued in such
proceedings, appeals shall be taken therefrom, and payments shall be
made pursuant to such orders, as if this Act had not been enacted, and
orders issued in any such proceeding shall continue in effect until
modified, terminated, superseded, or revoked by a duly authorized
official, by a court of competent jurisdiction, or by operation of law.
Nothing in this section shall be considered to prohibit the
discontinuance or modification of any such proceeding under the same
terms and conditions and to the same extent that such proceeding could
have been discontinued or modified if this section had not been
enacted.
(c) Suits.--This Act shall not affect suits commenced before the
effective date specified in section 17(a), and in all such suits,
proceedings shall be had, appeals taken, and judgments rendered in the
same manner and with the same effect as if this Act had not been
enacted.
(d) Nonabatement of Actions.--No suit, action, or other proceeding
commenced by or against the Department of Justice or the Immigration
and Naturalization Service, or by or against any individual in the
official capacity of such individual as an officer or employee in
connection with a function transferred by this section, shall abate by
reason of the enactment of this Act.
(e) Continuance of Suits.--If any Government officer in the
official capacity of such officer is party to a suit with respect to a
function of the officer and under this Act such function is transferred
to any other officer or office, then such suit shall be continued with
the other officer or the head of such other office, as applicable,
substituted or added as a party.
(f) Administrative Procedure and Judicial Review.--Except as
otherwise provided by this Act, any statutory requirements relating to
notice, hearings, action upon the record, or administrative or judicial
review that apply to any function transferred by this Act shall apply
to the exercise of such function by the head of the office, and other
officers of the office, to which such function is transferred by such
section.
SEC. 9. TRANSFER AND ALLOCATION OF APPROPRIATIONS AND PERSONNEL.
(a) In General.--The personnel of the Department of Justice
employed in connection with the functions transferred by this Act (and
functions that the Attorney General determines are properly related to
the functions of the Bureau of Immigration Services and Adjudications
or the Bureau of Immigration Enforcement and would, if transferred,
further the purposes of the bureau to which the function is
transferred), and the assets, liabilities, contracts, property,
records, and unexpended balance of appropriations, authorizations,
allocations, and other funds employed, held, used, arising from,
available to, or to be made available to the Immigration and
Naturalization Service, the Executive Office for Immigration Review,
the Office of Immigration Litigation of the Civil Division, the Office
of Special Counsel for Immigration Related Unfair Employment Practices
of the Civil Rights Division, or the Office of Special Investigations
of the Criminal Division in connection with the functions transferred
by this Act, subject to section 202 of the Budget and Accounting
Procedures Act of 1950, shall be transferred to the Agency for
Immigration Affairs for appropriate allocation by the Associate
Attorney General for Immigration Affairs or the appropriate head of
component of the agency. Unexpended funds transferred pursuant to this
subsection shall be used only for the purposes for which the funds were
originally authorized and appropriated. The Attorney General shall have
the right to adjust or realign transfers of funds and personnel
effected pursuant to this Act for a period of 2 years after the date of
the establishment of the Agency for Immigration Affairs.
(b) Delegation and Assignment.--Except as otherwise expressly
prohibited by law or otherwise provided in this Act, of the Associate
Attorney General for Immigration Affairs, the Director of the Bureau of
Immigration Services and Adjudications, and the Director of the Bureau
of Immigration Enforcement, the person to whom functions are
transferred under this Act may delegate any of the functions so
transferred to such officers and employees of the Agency for
Immigration Affairs, the Bureau of Immigration Services and
Adjudications or the Bureau of Immigration Enforcement, respectively,
as the person may designate, and may authorize successive redelegations
of such functions as may be necessary or appropriate. No delegation of
functions under this subsection or under any other provision of this
Act shall relieve the official to whom a function is transferred under
this Act of responsibility for the administration of the function.
(c) Authorities of Attorney General.--The Attorney General (or a
delegate of the Attorney General), at such time or times as the
Attorney General (or the delegate) shall provide, may make such
determinations as may be necessary with regard to the functions
transferred by this Act, and may make such additional incidental
dispositions of personnel, assets, liabilities, grants, contracts,
property, records, and unexpended balances of appropriations,
authorizations, allocations, and other funds held, used, arising from,
available to, or to be made available in connection with such
functions, as may be necessary to carry out the provisions of this Act.
The Attorney General shall provide for such further measures and
dispositions as may be necessary to effectuate the purposes of this
Act.
(d) Databases.--The Associate Attorney General for Immigration
Affairs shall ensure that the Agency for Immigration Affairs' databases
and those of the Bureau of Immigration Services and Adjudications and
the Bureau of Immigration Enforcement are integrated with the databases
of the Executive Office for Immigration Review in such a way as to
permit--
(1) the electronic docketing of each case by date of
service upon an alien of the notice to appear in the case of a
removal proceeding (or an order to show cause in the case of a
deportation proceeding, or a notice to alien in the case of an
exclusion proceeding); and
(2) the tracking of the status of any alien throughout the
alien's contact with United States immigration authorities
without regard to whether the entity with jurisdiction over the
alien is the Agency for Immigration Affairs, the Bureau of
Immigration Services and Adjudications, the Bureau of
Immigration Enforcement, or the Executive Office for
Immigration Review.
SEC. 10. STATUTORY CONSTRUCTION.
Nothing in this Act may be construed to preclude or limit in any
way the powers, authorities, or duties of the Secretary of State and
special agents of the Department of State and the Foreign Service under
the State Department Basic Authorities Act of 1956, the Immigration and
Nationality Act, or any other Act, to investigate illegal passport or
visa issuance or use.
SEC. 11. PERSONNEL FLEXIBILITIES.
(a) General Improvements in Personnel Flexibilities.--Subpart I of
part III of title 5, United States Code, is amended by adding at the
end the following chapter:
``CHAPTER 96--PERSONNEL FLEXIBILITIES RELATING TO THE AGENCY FOR
IMMIGRATION AFFAIRS
``Sec.
``9601. Agency for Immigration Affairs personnel flexibilities.
``9602. Pay authority for critical positions.
``9603. Streamlined critical pay authority.
``9604. Recruitment, retention, relocation incentives, and relocation
expenses.
``Sec. 9601. Agency for Immigration Affairs personnel flexibilities
``(a) Any flexibilities provided by sections 9602 through 9604
shall be exercised in a manner consistent with--
``(1) chapter 23 (relating to merit system principles and
prohibited personnel practices);
``(2) provisions relating to preference eligibles;
``(3) except as otherwise specifically provided, section
5307 (relating to the aggregate limitation on pay);
``(4) except as otherwise specifically provided, chapter 71
(relating to labor-management relations); and
``(5) subject to subsections (b) and (c) of section 1104,
as though such authorities were delegated to the Attorney
General under section 1104(a)(2).
``(b) The Attorney General shall provide the Office of Personnel
Management with any information that Office requires in carrying out
its responsibilities under this section.
``(c) Employees within a unit to which a labor organization is
accorded exclusive recognition under chapter 71 shall not be subject to
any flexibility provided by sections 9602 through 9604.
``Sec. 9602. Pay authority for critical positions
``(a) When the Attorney General seeks a grant of authority under
section 5377 for critical pay for 1 or more positions at the Agency for
Immigration Affairs, the Office of Management and Budget may fix the
rate of basic pay, notwithstanding sections 5377(d)(2) and 5307, at any
rate up to the salary set in accordance with section 104 of title 3.
``(b) No allowance, differential, bonus, award, or similar cash
payment may be paid to any employee receiving critical pay at a rate
fixed under subsection (a), in any calendar year if, or to the extent
that, the employee's total annual compensation will exceed the maximum
amount of total annual compensation payable at the salary set in
accordance with section 104 of title 3.
``Sec. 9603. Streamlined critical pay authority
``(a) Notwithstanding section 9602, and without regard to the
provisions of this title governing appointments in the competitive
service or the Senior Executive Service and chapters 51 and 53
(relating to classification and pay rates), the Attorney General may,
for a period of 10 years after the date of the enactment of this
section, establish, fix the compensation of, and appoint individuals
to, designated critical administrative, technical, and professional
positions needed to carry out the functions of the Agency for
Immigration Affairs, if--
``(1) the positions--
``(A) require expertise of an extremely high level
in an administrative, technical, or professional field;
and
``(B) are critical to the Agency for Immigration
Affairs' successful accomplishment of an important
mission;
``(2) exercise of the authority is necessary to recruit or
retain an individual exceptionally well qualified for the
position;
``(3) the number of such positions does not exceed 20 at
any one time;
``(4) designation of such positions is approved by the
Attorney General;
``(5) the terms of such appointments are limited to no more
than 4 years;
``(6) appointees to such positions were not employees of
the Immigration and Naturalization Service, the Executive
Office for Immigration Review, the Office of Immigration
Litigation of the Civil Division, the Office of Special Counsel
for Immigration Related Unfair Employment Practices of the
Civil Rights Division, or the Office of Special Investigations
of the Criminal Division prior to the date of the enactment of
this Act;
``(7) total annual compensation for any appointee to such
positions does not exceed the highest total annual compensation
payable at the rate determined under section 104 of title 3;
and
``(8) all such positions are excluded from the collective
bargaining unit.
``(b) Individuals appointed under this section shall not be
considered to be employees for purposes of subchapter II of chapter 75.
``Sec. 9604. Recruitment, retention, relocation incentives, and
relocation expenses
``(a) For a period of 10 years after the date of the enactment of
this section and subject to approval by the Office of Personnel
Management, the Attorney General may provide for variations from
sections 5753 and 5754 governing payment of recruitment, relocation,
and retention incentives.
``(b) For a period of 10 years after the date of the enactment of
this section, the Attorney General may pay from appropriations made to
the Agency for Immigration Affairs allowable relocation expenses under
section 5724a for employees transferred or reemployed and allowable
travel and transportation expenses under section 5723 for new
appointees, for any new appointee appointed to a position for which pay
is fixed under section 9602 or 9603 after the date of the enactment of
this Act.''.
(b) Clerical Amendment.--The table of chapters for part III of
title 5, United States Code, is amended by adding after the item
relating to chapter 95 the following:
``96. Personnel flexibilities relating to the Agency for 9601''.
Immigration Affairs.
(c) Voluntary Separation Incentive Payments.--
(1) Definition.--In this subsection, the term ``employee''
means an employee (as defined by section 2105 of title 5,
United States Code) who is employed by the Agency for
Immigration Affairs serving under an appointment without time
limitation, and has been currently employed for a continuous
period of at least 3 years, but does not include--
(A) a reemployed annuitant under subchapter III of
chapter 83 or chapter 84 of title 5, United States
Code, or another retirement system;
(B) an employee having a disability on the basis of
which such employee is or would be eligible for
disability retirement under the applicable retirement
system referred to in subparagraph (A);
(C) an employee who is in receipt of a specific
notice of involuntary separation for misconduct or
unacceptable performance;
(D) an employee who, upon completing an additional
period of service as referred to in section
3(b)(2)(B)(ii) of the Federal Workforce Restructuring
Act of 1994 (5 U.S.C. 5597 note), would qualify for a
voluntary separation incentive payment under section 3
of such Act;
(E) an employee who has previously received any
voluntary separation incentive payment by the Federal
Government under this section or any other authority
and has not repaid such payment;
(F) an employee covered by statutory reemployment
rights who is on transfer to another organization;
(G) any employee who, during the 24-month period
preceding the date of separation, has received a
recruitment or relocation bonus under section 5753 of
title 5, United States Code, or who, within the 12-
month period preceding the date of separation, received
a retention allowance under section 5754 of title 5,
United States Code; or
(H) any employee within a unit to which a labor
organization is accorded exclusive recognition under
chapter 71.
(2) Authority to provide voluntary separation incentive
payments.--
(A) In general.--The Associate Attorney General for
Immigration Affairs may pay voluntary separation
incentive payments under this section to any employee
to the extent necessary to carry out the plan to
restructure the immigration functions of the Department
of Justice into the Agency for Immigration Affairs
under this Act.
(B) Amount and treatment of payments.--A voluntary
separation incentive payment--
(i) shall be paid in a lump sum after the
employee's separation;
(ii) shall be paid from appropriations or
funds available for the payment of the basic
pay of the employee;
(iii) shall be equal to the lesser of--
(I) an amount equal to the amount
the employee would be entitled to
receive under section 5595(c) of title
5, United States Code; or
(II) an amount determined by the
Associate Attorney General for
Immigration Affairs not to exceed
$25,000;
(iv) may not be made except in the case of
any qualifying employee who voluntarily
separates (whether by retirement or
resignation) before January 1, 2005;
(v) shall not be a basis for payment, and
shall not be included in the computation, of
any other type of Government benefit; and
(vi) shall not be taken into account in
determining the amount of any severance pay to
which the employee may be entitled under
section 5595 of title 5, United States Code,
based on any other separation.
(3) Additional agency for immigration affairs contributions
to the retirement fund.--
(A) In general.--In addition to any other payments
which it is required to make under subchapter III of
chapter 83 of title 5, United States Code, the Agency
for Immigration Affairs shall remit to the Office of
Personnel Management for deposit in the Treasury of the
United States to the credit of the Civil Service
Retirement and Disability Fund an amount equal to 15
percent of the final basic pay of each employee who is
covered under subchapter III of chapter 83 or chapter
84 of title 5, United States Code, to whom a voluntary
separation incentive has been paid under this
subsection.
(B) Definition.--In subparagraph (A), the term
``final basic pay'', with respect to an employee, means
the total amount of basic pay which would be payable
for a year of service by such employee, computed using
the employee's final rate of basic pay, and, if last
serving on other than a full-time basis, with
appropriate adjustment therefor.
(4) Effect of subsequent employment with the government.--
An individual who has received a voluntary separation incentive
payment under this subsection and accepts any employment for
compensation with the Government of the United States, or who
works for any agency of the United States Government through a
personal services contract, within 5 years after the date of
the separation on which the payment is based, shall be required
to pay, prior to the individual's first day of employment, the
entire amount of the incentive payment to the Agency for
Immigration Affairs.
(5) Effect on employment levels.--
(A) Intended effect.--Voluntary separations under
this subsection are not intended to necessarily reduce
the total number of full-time equivalent positions in
the Agency for Immigration Affairs.
(B) Use of voluntary separations.--The Agency for
Immigration Affairs may redeploy or use the full-time
equivalent positions vacated by voluntary separations
under this subsection to make other positions available
to more critical locations or more critical
occupations.
SEC. 12. MISCELLANEOUS PROVISIONS.
Notwithstanding the Federal Property and Administrative Services
Act of 1949 (40 U.S.C. 471 et seq.), the Attorney General is authorized
to expend from the appropriation provided for the administration and
enforcement of the Immigration and Nationality Act, such amounts as may
be necessary for the leasing or acquisition of property in the
fulfillment of establishing the Agency for Immigration Affairs under
this Act.
SEC. 13. AUTHORIZATION OF APPROPRIATIONS; PROHIBITION ON TRANSFER OF
FEES; SENSE OF CONGRESS.
(a) Authorization of Appropriations for Transition.--
(1) In general.--There are authorized to be appropriated
such sums as may be necessary to effect the abolition of the
Immigration and Naturalization Service, the establishment of
the Agency for Immigration Affairs and its components, and the
transfers of functions required to be made under this Act, and to carry
out any other duty related to the reorganization of the immigration and
naturalization functions that is made necessary by this Act.
(2) Availability of funds.--Amounts appropriated under
paragraph (1) shall remain available until expended.
(3) Transition account.--
(A) Establishment.--There is established in the
general fund of the Treasury of the United States a
separate account, which shall be known as the
``Immigration Reorganization Transition Account'' (in
this paragraph referred to as the ``Account'').
(B) Use of account.--There shall be deposited into
the Account all amounts appropriated under paragraph
(1).
(C) Advanced availability of funds.--To the extent
provided in appropriations Acts, funds in the Account
shall be available for expenditure before the effective
date in section 17(a).
(b) Separation of Funding.--
(1) In general.--There shall be established separate
accounts in the Treasury of the United States for appropriated
funds and other deposits available for the Bureau of
Immigration Services and Adjudications, the Bureau of
Immigration Enforcement, and the Executive Office for
Immigration Review.
(2) Separate budgets.--To ensure that the Bureau of
Immigration Services and Adjudications, the Bureau of
Immigration Enforcement, and the Executive Office for
Immigration Review are funded to the extent necessary to fully
carry out their respective functions, the Director of the
Office of Management and Budget shall separate the budget
requests for each such entity.
(3) Fees.--Fees imposed for a particular service,
application, or benefit shall be deposited into the account
established under paragraph (1) that is for the bureau with
jurisdiction over the function to which the fee relates.
(4) Fees not transferable.--No fee may be transferred among
the Bureau of Immigration Services and Adjudications, the
Bureau of Immigration Enforcement, and the Executive Office for
Immigration Review for purposes not authorized by section 286
of the Immigration and Nationality Act.
(5) Establishment of fees for adjudication and
naturalization services.--Section 286(m) of the Immigration and
Nationality Act (8 U.S.C. 1356(m)) is amended by striking
``services, including the costs of similar services provided
without charge to asylum applicants or other immigrants.'' and
inserting ``services.''.
(c) Sense of Congress.--It is the sense of the Congress that--
(1) the missions of both the Bureau of Immigration Services
and Adjudications and the Bureau of Immigration Enforcement are
equally important and, accordingly, both Bureaus should be
adequately funded; and
(2) neither the immigration adjudication and service
functions referred to in section 4 nor the immigration
enforcement functions referred to in section 6 should operate
at levels below that in existence prior to the enactment of
this Act.
(d) Authorization of Appropriations for Backlog Reduction.--There
are authorized to be appropriated such sums as may be necessary for
fiscal years 2002 through 2004 to reduce any backlog in processing and
adjudicating pending--
(1) applications for naturalization under section 308 of
the Immigration and Nationality Act;
(2) applications for adjustments of status under sections
245 and 209 of such Act;
(3) petitions for nonimmigrant visas under section 214 of
such Act;
(4) applications for immigrant visas under section 222 of
such Act;
(5) applications for asylum under section 208 of such Act;
and
(6) petitions for temporary protected status under section
244 of such Act.
SEC. 14. REPORTS AND IMPLEMENTATION PLANS.
(a) Division of Funds.--The Attorney General, not later than 120
days after the date of the enactment of this Act, shall submit to the
Committees on Appropriations and the Judiciary of the House of
Representatives and of the Senate a report on the proposed division and
transfer of funds, including unexpended funds, appropriations, and
fees, among the components of the Agency for Immigration Affairs. Not
later than 60 days after the date of submittal of such report, each
such component shall submit to such Committees an operating plan of
resources allocated, by object class and decision unit structure.
(b) Division of Personnel.--The Attorney General, not later than
120 days after the date of the enactment of this Act, shall submit to
the Committees on Appropriations and the Judiciary of the House of
Representatives and of the Senate a report on the proposed division of
personnel among the components of the Agency for Immigration Affairs.
(c) Implementation Plan.--
(1) In general.--The Attorney General, not later than 120
days after the date of the enactment of this Act, shall submit
to the Committees on Appropriations and the Judiciary of the
House of Representatives and of the Senate an implementation
plan to carry out this Act.
(2) Contents.--The implementation plan should include
details concerning the separation of the components of the
Agency for Immigration Affairs, including but not limited to
the following:
(A) Organizational structure, including the field
structure.
(B) Chain of command.
(C) Procedures for interaction between such
components.
(D) Procedures for the Director of Shared Services
to perform all shared support functions, including
authorizing the Directors of the Bureau of Immigration
Services and Adjudications, the Bureau of Immigration
Enforcement, and the Executive Office for Immigration
Review to approve training curricula and to acquire
such supplies and equipment as may be necessary to
perform the daily operations of their component of the
Agency for Immigration Affairs.
(E) Procedures to establish separate accounts and
financial management systems for the Bureau of
Immigration Services and Adjudications, the Bureau of
Immigration Enforcement, and the Executive Office for
Immigration Review and to implement all provisions of
section 13(b).
(F) Fraud detection and investigation.
(G) The processing and handling of removal
proceedings, including expedited removal and
applications for relief from removal.
(H) Recommendations for conforming amendments to
the Immigration and Nationality Act.
(I) Establishment of a transition team.
(J) Ways to phase in the costs of separating the
administrative support systems of the Immigration and
Naturalization Service in order to provide for separate
administrative support systems for the Bureau of
Immigration Services and Adjudications, the Bureau of
Immigration Enforcement, and the Executive Office for
Immigration Review in instances where separate systems
are more efficient or effective.
(d) Report on Improving Immigration Services.--
(1) In general.--The Attorney General, not later than 1
year after the date of the enactment of this Act, shall submit
to the Committees on the Judiciary and Appropriations of the
House of Representatives and of the Senate a report containing
a plan for how the Director of the Bureau of Immigration
Services and Adjudications will complete efficiently, fairly,
and within a reasonable time, the adjudications described in
subparagraphs (A) through (E) of section 4(b)(1).
(2) Contents.--For each type of adjudication to be
undertaken by the Director of the Bureau of Immigration
Services and Adjudications, the report shall include the
following:
(A) Any potential savings of resources that may be
implemented without affecting the quality of the
adjudication.
(B) The goal for processing time with respect to
the application.
(C) Any statutory modifications with respect to the
adjudication that the Attorney General considers
advisable.
(3) Consultation.--In carrying out paragraph (1), the
Attorney General shall consult with the Secretary of State, the
Secretary of Labor, the Associate Attorney General for
Immigration Affairs, the Director of the Bureau of Immigration
Enforcement, and the Director of the Executive Office for
Immigration Review to determine how to streamline and improve
the process for applying for and making adjudications described
in section 4(b)(1) and related processes.
(e) Report on Improving Enforcement Function.--
(1) In general.--The Attorney General, not later than 1
year after the date of the enactment of this Act, shall submit
to the Committees on Appropriations and the Judiciary of the
House of Representatives and of the Senate a report with a plan
detailing how the Bureau of Immigration Enforcement, after the
transfer of functions performed under the programs described in
subparagraphs (A) through (E) of section 6(b)(1), will enforce
comprehensively, effectively, and fairly all the enforcement
provisions of the Immigration and Nationality Act relating to
such programs.
(2) Consultation.--In carrying out paragraph (1), the
Attorney General shall consult with the Secretary of State, the
Director of the Federal Bureau of Investigation, the Secretary
of the Treasury, the Secretary of Labor, the Commissioner of
Social Security, the Associate Attorney General for Immigration
Affairs, the Director of the Bureau of Immigration Services and
Adjudications, the Director of the Executive Office for
Immigration Review, and the heads of State and local law
enforcement agencies to determine how to most effectively
conduct enforcement operations.
(f) Report on Shared Services.--The Attorney General, not later
than 3 years after the effective date of the transfer of functions
under this Act, shall submit to the Committees on the Judiciary and
Appropriations of the House of Representatives and of the Senate a
report on whether the Director of Shared Services is properly serving
the Bureau of Immigration Services and Adjudications, the Bureau of
Immigration Enforcement, and the Executive Office for Immigration
Review. The report should address whether it would be more efficient to
transfer the functions described in paragraphs (1) through (4) of
section 3(d) to the Director of the Bureau of Immigration Services and
Adjudications, the Director of the Bureau of Immigration Enforcement,
and the Director of the Executive Office for Immigration Review, and
shall include an estimate of the cost of such transfers.
(g) Comptroller General Studies and Reports.--
(1) Status reports on transition.--Not later than 18 months
after the effective date of the transfer of functions under
this Act, and every 6 months thereafter, until full
implementation of this Act has been completed, the Comptroller
General of the United States shall submit to the Committees on
Appropriations and on the Judiciary of the House of
Representatives and the Senate a report containing the
following:
(A) A determination of whether the transfer of
functions made by sections 4 and 6 of this Act has been
completed, and if the transfer of functions has not taken place,
identifying the reasons why the transfer has not taken place.
(B) If the transfer of functions made by sections 4
and 6 of this Act has been completed, an identification
of any issues that have arisen due to the completed
transfer of functions.
(C) An identification of any issues that may arise
due to the future transfer of functions.
(2) Report on management.--Not later than 4 years after the
effective date of the transfer of the function under this Act,
the Comptroller General of the United States shall submit to
the Committees on Appropriations and on the Judiciary of the
House of Representatives and the Senate a report, following a
study, containing the following:
(A) Determinations of whether the transfer of
functions from the Immigration and Naturalization
Service, the Office of Immigration Litigation of the
Civil Division, and the Office of Special Counsel for
Immigration Related Unfair Employment Practices of the
Civil Rights Division to the Bureau of Immigration
Services and Adjudications, and the transfer of
functions from the Immigration and Naturalization
Service, the Office of Immigration Litigation of the
Civil Division, and the Office of Special
Investigations of the Criminal Division to the Bureau
of Immigration Enforcement, under this Act has
improved, with respect to each function transferred,
the following:
(i) Operations.
(ii) Management, including accountability
and communication.
(iii) Financial administration.
(iv) Recordkeeping, including information
management and technology.
(B) A statement of the reasons for the
determinations under subparagraph (A).
(C) Any recommendations for further improvements to
the Agency for Immigration Affairs.
SEC. 15. APPLICATION OF INTERNET BASED TECHNOLOGIES.
(a) Establishment of Tracking System.--The Attorney General, not
later than 1 year after the date of the enactment of this Act, in
consultation with the Technology Advisory Committee established under
subsection (c), shall establish an Internet-based system, that will
permit a person, employer, immigrant, or nonimmigrant who has filings
with the Attorney General for any benefit under the Immigration and
Nationality Act, access to online information about the processing
status of the filing involved.
(b) Feasibility Study for On-Line Filing and Improved Processing.--
(1) On-line filing.--The Attorney General, in consultation
with the Technology Advisory Committee established under
subsection (c), shall conduct a feasibility study on the on-
line filing of the filings described in subsection (a). The
study shall include a review of computerization and technology
of the Immigration and Naturalization Service relating to the
immigration services and processing of filings related to
immigrant services. The study shall also include an estimate of
the timeframe and cost and shall consider other factors in
implementing such a filing system, including the feasibility of
fee payment on-line.
(2) Report.--A report on the study under this subsection
shall be submitted to the Committees on the Judiciary of the
House of Representatives and the Senate not later than 1 year
after the date of the enactment of this Act.
(c) Technology Advisory Committee.--
(1) Establishment.--The Attorney General shall establish,
not later than 60 days after the date of the enactment of this
Act an advisory committee (in this section referred to as the
``Technology Advisory Committee'') to assist the Attorney
General in--
(A) establishing the tracking system under
subsection (a); and
(B) conducting the study under subsection (b).
The Technology Advisory Committee shall be established after
consultation with the Committees on the Judiciary of the House
of Representatives and the Senate.
(2) Composition.--The Technology Advisory Committee shall
be composed of representatives from high technology companies
capable of establishing and implementing the system in an
expeditious manner, and representatives of persons who may use
the tracking system described in subsection (a) and the on-line
filing system described in subsection (b)(1).
SEC. 16. DEFINITIONS.
For purposes of this Act:
(1) The term ``function'' includes any duty, obligation,
power, authority, responsibility, right, privilege, activity,
or program.
(2) The term ``office'' includes any office,
administration, agency, bureau, institute, council, unit,
organizational entity, or component thereof.
SEC. 17. EFFECTIVE DATE; TRANSITION.
(a) In General.--The abolishment of the Immigration and
Naturalization Service, the establishment of the Agency for Immigration
Affairs, and the transfers of functions specified under this Act shall
take effect on the date that is 1 year after the date of the enactment
of this Act. The Associate Attorney General for Immigration Affairs,
the Director of the Bureau of Immigration Services and Adjudications,
and the Director of the Bureau of Immigration Enforcement shall be
appointed not later than such effective date. To the extent that
functions to be transferred to such persons under this Act continue to
be performed by the Immigration and Naturalization Service, the Office
of Immigration Litigation of the Civil Division, the Office of Special
Counsel for Immigration Related Unfair Employment Practices of the
Civil Rights Division, and the Office of Special Investigations of the
Criminal Division during fiscal year 2002, the Attorney General shall
provide for an appropriate accounting of funds and an appropriate
transfer of funds appropriated to such entities to the appropriate
component of the Agency for Immigration Affairs.
(b) Transition Period for Certain Bureau Functions.--
Notwithstanding subsection (a), during the 18-month period after the
transfer of functions under this Act takes effect, the Associate
Attorney General for Immigration Affairs is authorized to perform the
functions described in subsections (c), (d), and (g) of each of
sections 4 and 6 for both the Bureau of Immigration Services and
Adjudications and the Bureau of Immigration Enforcement.
SEC. 18. CONFORMING AMENDMENT.
Section 5315 of title 5, United States Code, is amended by striking
the following:
``Commissioner of Immigration and Naturalization,
Department of Justice.''.
<all>
House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 396 and Rule XXIII.
The Speaker designated the Honorable Steven C. LaTourette to act as Chairman of the Committee.
GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 3231.
DEBATE - Pursuant to the provisions of H. Res. 396, the Committee of the Whole proceeded with ten minutes of debate on the Sensenbrenner amendment.
DEBATE - Pursuant to the provisions of H. Res. 396, the Committee of the Whole proceeded with twenty minutes of debate on the Baldwin amendment.
DEBATE - Pursuant to the provisions of H. Res. 396, the Committee of the Whole proceeded with twenty minutes of debate on the Jackson-Lee amendment.
DEBATE - Pursuant to the provisions of H. Res. 396, the Committee of the Whole proceeded with twenty minutes of debate on the Roybal-Allard amendment.
DEBATE - Pursuant to the provisions of H. Res. 396, the Committee of the Whole proceeded with twenty minutes of debate on the Velasquez amendment.
DEBATE - Pursuant to the provisions of H. Res. 396, the Committee of the Whole proceeded with twenty minutes of debate on the Issa amendment.
POSTPONED PROCEEDINGS - At the conclusion of debate on the Issa amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Hoyer demanded a recorded vote pending the absence of a quorum and pursuant to the provisions of H. Res. 396, the Chair postponed further proceedings on the question of the adoption of the Issa amendment until later in the legislative day.
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DEBATE - Pursuant to the provisions of H. Res. 396, the Committee of the Whole proceeded with twenty minutes of debate on the Lofgren amendment.
POSTPONED PROCEEDINGS - At the conclusion of debate on the Lofgren amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Cannon demanded a recorded vote pending the absence of a quorum and pursuant to the provisions of H. Res. 396, the Chair postponed further proceedings on the question of the adoption of the Issa amendment until later in the legislative day.
UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question of adoption of amendments which had been debated earlier and on which further proceedings had been postponed.
The House rose from the Committee of the Whole House on the state of the Union to report H.R. 3231.
The previous question was ordered pursuant to the rule.
Passed/agreed to in House: On passage Passed by recorded vote: 405 - 9 (Roll no. 116).
Roll Call #116 (House)On passage Passed by recorded vote: 405 - 9 (Roll no. 116).
Roll Call #116 (House)Motion to reconsider laid on the table Agreed to without objection.
The title of the measure was amended. Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on the Judiciary.