[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2680 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 2680

To replace the Immigration and Naturalization Service with the National 
    Immigration Bureau, to separate the immigration enforcement and 
   adjudication functions performed by officers and employees of the 
    Bureau reporting to the Director, to amend the Immigration and 
 Nationality Act to restore eligibility for adjustment of status under 
section 245(i) of that Act and to restructure the use of fees collected 
 for providing adjudication and naturalization services, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 3, 1999

  Ms. Jackson-Lee of Texas (for herself, Mr. Conyers, Mr. Berman, Mr. 
  Gutierrez, and Mr. Meehan) introduced the following bill; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To replace the Immigration and Naturalization Service with the National 
    Immigration Bureau, to separate the immigration enforcement and 
   adjudication functions performed by officers and employees of the 
    Bureau reporting to the Director, to amend the Immigration and 
 Nationality Act to restore eligibility for adjustment of status under 
section 245(i) of that Act and to restructure the use of fees collected 
 for providing adjudication and naturalization services, 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 Restructuring and 
Accountability Act of 1999''.

                  TITLE I--NATIONAL IMMIGRATION BUREAU

SEC. 101. ESTABLISHMENT OF NATIONAL IMMIGRATION BUREAU.

    (a) National Immigration Bureau; Director.--
            (1) In general.--There is established in the Department of 
        Justice a bureau to be known as the National Immigration Bureau 
        (in this Act referred to as the ``Bureau'').
            (2) Director.--The head of the Bureau shall be the Director 
        of the National Immigration Bureau (in this Act referred to as 
        the ``Director'') who--
                    (A) shall be a citizen of the United States;
                    (B) shall be appointed by the President, by and 
                with the advice and consent of the Senate; and
                    (C) shall report directly to the Attorney General 
                or the Attorney General's delegate.
            (3) Compensation.--Such Director shall be paid at the rate 
        of basic pay payable for level IV of the Executive Schedule (as 
        listed in section 5315 of title 5, United States Code).
            (4) Functions.--Such Director--
                    (A) shall be charged with any and all 
                responsibilities and authority in the administration of 
                the Bureau and of the Immigration and Nationality Act 
                which are conferred upon the Attorney General as may be 
                delegated to the Director by the Attorney General or 
                which may be prescribed by the Attorney General; and
                    (B) shall perform such functions as are transferred 
                to the Director by this section or this Act or 
                otherwise vested in the Director by law.
    (b) Assistant Director for Community Liaison.--Within the Office of 
the Director of the National Immigration Bureau, there shall be an 
Assistant Director for Community Liaison. The Assistant Director shall 
be charged with any and all responsibilities and authority which are 
conferred upon the Director as may be delegated to him or her by the 
Director, or which may be prescribed by the Director, relating to the 
following:
            (1) Accountability of the Bureau to the communities it 
        serves.
            (2) Communication between the Director and such 
        communities.
            (3) Resolution of issues and concerns that cannot be 
        resolved at a local level or through ordinary administrative 
        channels.
    (c) Transfer of Functions.--There are transferred from the 
Commissioner of the Immigration and Naturalization Service to the 
Director of the National Immigration Bureau all functions performed by 
the Commissioner, and all personnel, infrastructure, and funding 
provided to the Commissioner, immediately before the effective date of 
this section.
    (d) References.--With respect to any function transferred from the 
Commissioner of the Immigration and Naturalization Service by this 
section or Act to, and exercised on or after the effective date of this 
section by, the Bureau, reference in any other Federal law, Executive 
order, rule, regulation, or delegation of authority, or any document of 
or pertaining to an office from which a function is so transferred--
            (1) to the head of such office is deemed to refer to the 
        Director of the National Immigration Bureau; or
            (2) to such office is deemed to refer to the Bureau.

SEC. 102. OFFICES WITHIN NATIONAL IMMIGRATION
              BUREAU.

    (a) In General.--Within the National Immigration Bureau there shall 
be the following offices, each office to be headed by a deputy 
director:
            (1) The Office of Immigration Adjudications.
            (2) The Office of Immigration Enforcement.
            (3) The Office of Prehearing Services.
            (4) The Office of Shared Services.
    (b) Office of Immigration Adjudications.--
            (1) In general.--The Deputy Director for Immigration 
        Adjudications shall be charged with any and all 
        responsibilities and authority which are conferred upon the 
        Director of the National Immigration Bureau as may be delegated 
        to the Deputy Director by the Director, or which may be 
        prescribed by the Director, relating to any of the functions 
        described in paragraphs (3) through (5).
            (2) Divisions.--Within the Office of Immigration 
        Adjudications there shall be the following divisions, each 
        division to be headed by a division chief:
                    (A) The Division of Adjudications.
                    (B) The Division of Refugees, Asylum, Parole, and 
                Humanitarian Affairs.
                    (C) The Division of Community Relations.
            (3) Division of adjudications.--The Division Chief of the 
        Division of Adjudications shall be charged with any and all 
        responsibilities and authority which are conferred upon the 
        Deputy Director for Immigration Adjudications as may be 
        delegated to the Division Chief by the Deputy Director, or 
        which may be prescribed by the Deputy Director, relating to the 
        following functions:
                    (A) Adjudication of petitions for immigrant or 
                nonimmigrant status.
                    (B) Adjudication of applications for 
                naturalization.
                    (C) Inspections, and adjudications of applications 
                for admission, at a port of entry.
                    (D) All other adjudications under the Immigration 
                and Nationality Act performed by the Immigration and 
                Naturalization Service as of the effective date in 
                section 401(a).
            (4) Division of refugees, asylum, parole, and humanitarian 
        affairs.--The Division Chief of the Division of Refugees, 
        Asylum, Parole, and Humanitarian Affairs shall be charged with 
        any and all responsibilities and authority which are conferred 
        upon the Deputy Director for Immigration Adjudications as may 
        be delegated to the Division Chief by the Deputy Director, or 
        which may be prescribed by the Deputy Director, relating to the 
        following functions:
                    (A) Adjudication of petitions and applications for 
                admission as a refugee, asylum, or parole into the 
                United States.
                    (B) Liaison with international organizations 
                concerned with the protection of refugees and asylum 
                seekers.
            (5) Division of community relations.--The Division Chief of 
        the Division of Community Relations shall be charged with any 
        and all responsibilities and authority which are conferred upon 
        the Deputy Director for Immigration Adjudications as may be 
        delegated to the Division Chief by the Deputy Director, or 
        which may be prescribed by the Deputy Director, relating to 
        community relations.
    (c) Office of Immigration Enforcement.--
            (1) In general.--The Deputy Director for Immigration 
        Enforcement shall be charged with any and all responsibilities 
        and authority which are conferred upon the Director of the 
        National Immigration Bureau as may be delegated to the Deputy 
        Director by the Director, or which may be prescribed by the 
        Director, relating to any of the functions described in 
        paragraphs (3) through (6).
            (2) Divisions.--Within the Office of Immigration 
        Enforcement there shall be the following divisions, each 
        division to be headed by a division chief:
                    (A) The Border Patrol Division.
                    (B) The Division of Removal.
                    (C) The Division of Intelligence and 
                Investigations.
                    (D) The Division of Community Relations.
            (3) Border patrol division.--The Division Chief of the 
        Border Patrol Division shall be charged with any and all 
        responsibilities and authority which are conferred upon the 
        Deputy Director for Immigration Enforcement as may be delegated 
        to the Division Chief by the Deputy Director, or which may be 
        prescribed by the Deputy Director, relating to the following 
        functions:
                    (A) Border control and enforcement (excluding 
                inspections or adjudications at ports of entry).
                    (B) All other functions performed by the United 
                States Border Patrol as of the effective date in 
                section 401(a).
            (4) Division of removal.--The Division Chief of the 
        Division of Removal shall be charged with any and all 
        responsibilities and authority which are conferred upon the 
        Deputy Director for Immigration Enforcement as may be delegated 
        to the Division Chief by the Deputy Director, or which may be 
        prescribed by the Deputy Director, relating to implementing the 
        removal of deportable and inadmissible aliens from the United 
        States (excluding inspections or adjudications relating to such 
        removals).
            (5) Division of intelligence and investigations.--The 
        Division Chief of the Division of Intelligence and 
        Investigations shall be charged with any and all 
        responsibilities and authority which are conferred upon the 
        Deputy Director for Immigration Enforcement as may be delegated 
        to the Division Chief by the Deputy Director, or which may be 
        prescribed by the Deputy Director, relating to intelligence and 
        investigations (including fraud detection and investigation).
            (6) Division of community relations.--The Division Chief of 
        the Division of Community Relations shall be charged with any 
        and all responsibilities and authority which are conferred upon 
        the Deputy Director for Immigration Enforcement as may be 
delegated to the Division Chief by the Deputy Director, or which may be 
prescribed by the Deputy Director, relating to community relations.
    (d) Office of Prehearing Services.--
            (1) In general.--The Deputy Director for Prehearing 
        Services shall be charged with any and all responsibilities and 
        authority which are conferred upon the Director of the National 
        Immigration Bureau as may be delegated to the Deputy Director 
        by the Director, or which may be prescribed by the Director, 
        relating to any of the functions described in paragraphs (3) 
        through (6).
            (2) Divisions.--Within the Office of Prehearing Services 
        there shall be the following divisions, each division to be 
        headed by a division chief:
                    (A) The Division of Detention.
                    (B) The Division of Alternatives to Detention.
                    (C) The Division of Prehearing Services.
                    (D) The Division of Community Relations.
            (3) Division of detention.--The Division Chief of the 
        Division of Detention shall be charged with any and all 
        responsibilities and authority which are conferred upon the 
        Deputy Director for Prehearing Services as may be delegated to 
        the Division Chief by the Deputy Director, or which may be 
        prescribed by the Deputy Director, relating to detention of 
        aliens (including criminal aliens, noncriminal aliens, and 
        asylum seekers) pending completion of adjudications and appeals 
        or pending removal from the United States. Such 
        responsibilities and authority shall be subject to section 301.
            (4) Division of alternatives to detention.--The Division 
        Chief of the Division of Alternatives to Detention shall be 
        charged with any and all responsibilities and authority which 
        are conferred upon the Deputy Director for Prehearing Services 
        as may be delegated to the Division Chief by the Deputy 
        Director, or which may be prescribed by the Deputy Director, 
        relating to alternatives to detention of aliens pending 
        completion of adjudications and appeals or pending removal from 
        the United States (such as supervised release programs) and 
        methods to ensure required appearances by aliens with respect 
        to adjudications. Such responsibilities and authority shall be 
        subject to section 301.
            (5) Division of prehearing services.--The Division Chief of 
        the Division of Prehearing Services shall be charged with any 
        and all responsibilities and authority which are conferred upon 
        the Deputy Director for Prehearing Services as may be delegated 
        to the Division Chief by the Deputy Director, or which may be 
        prescribed by the Deputy Director, relating to the following 
        functions:
                    (A) Prehearing services for aliens.
                    (B) Access by aliens to legal representation in 
                adjudications.
            (6) Division of community relations.--The Division Chief of 
        the Division of Community Relations shall be charged with any 
        and all responsibilities and authority which are conferred upon 
        the Deputy Director for Prehearing Services as may be delegated 
        to the Division Chief by the Deputy Director, or which may be 
        prescribed by the Deputy Director, relating to community 
        relations.
    (e) Office of Shared Services.--The Deputy Director for Shared 
Services shall be charged with any and all responsibilities and 
authority which are conferred upon the Director of the National 
Immigration Bureau as may be delegated to the Deputy Director by the 
Director, or which may be prescribed by the Director, relating to 
providing operational support to all offices of the Bureau (including 
coordination among such offices).
    (f) Special Rule for Local Offices.--Any local office established 
to carry out the functions of the Office of Immigration Adjudications 
shall be separate from any local office established to carry out the 
functions of the Office of Immigration Enforcement. The preceding 
sentence shall not be construed to inhibit or preclude the coordination 
of functions by the Office of Immigration Adjudications and the Office 
of Immigration Enforcement, or by any local offices.

SEC. 103. 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. 104. SAVINGS PROVISIONS.

    (a) Legal Documents.--All orders, determinations, rules, 
regulations, permits, grants, loans, contracts, agreements, 
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.--This Act shall not affect any proceedings or any 
application for any benefits, service, license, permit, certificate, or 
financial assistance pending on the effective date in section 401(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 in section 401(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 Act, 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. 105. 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 section 
(and functions that the Attorney General determines are properly 
related to the functions of the Bureau and would, if so transferred, 
further the purposes of the Bureau), 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 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 Bureau for 
appropriate allocation by the Director. 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 retain the right to adjust or realign transfers 
of funds and personnel effected pursuant to this Act.
    (b) Effect on Personnel.--
            (1) Effect on individual employees.--The transfer under 
        this Act of full-time personnel (except special Government 
        employees) and part-time personnel holding permanent positions 
        shall not cause any such employee to be separated or reduced in 
        grade or compensation for 1 year after the date of transfer to 
        the Bureau.
            (2) Compensation levels.--All transfers of personnel under 
        this Act shall be consistent with employee pay and grade 
        retention entitlement under subchapter VI of chapter 53 of 
        title 5, United States Code, and shall not be reduced for any 
        individual in a career position in the civil service, as of the 
        date of the enactment of this Act.
            (3) Senior executive service.--A person who, on the day 
        preceding the effective date in section 401(a), holds a career 
        Senior Executive Service position in the Immigration and 
        Naturalization Service shall be appointed, without a break in 
        service, to a similar or like position in the Bureau if the 
        person meets the minimum qualifications of such position.
            (4) Adoption of existing labor agreements.--The National 
        Immigration Bureau shall adopt all labor agreements which are 
        in effect, as of the day before the effective date in section 
        401(a), with respect to the Immigration and Naturalization 
        Service. Each such agreement shall remain in effect for the 2-
        year period commencing on such date, unless the agreement 
        provides for a shorter duration or the parties agree otherwise 
        before such period ends.
    (c) Number of Authorized Personnel.--Nothing in this Act shall be 
interpreted to decrease the number of authorized positions within each 
program as it exists on the date of the enactment of this Act in the 
Immigration and Naturalization Service.
    (d) Delegation and Assignment.--Except as otherwise expressly 
prohibited by law or otherwise provided in this Act, the Director may 
delegate any of the functions so transferred to such officers and 
employees of the Bureau as such Director 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.
    (e) Authorities of Attorney General.--
            (1) Incidental transfers.--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 to 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.
            (2) Treatment of shared resources.--The Attorney General 
        shall provide for an appropriate allocation, or coordination, 
        or both, of resources involved in supporting shared support 
        functions for the Bureau and other offices within the 
        Department of Justice. Such shared support functions may 
        include information resources management, human resources and 
        training, security, records and forms management, equal 
        opportunity activities, and facilities and procurement 
        administration. The Attorney General, through the Justice 
        Management Division, shall maintain oversight and control over 
        the shared computer databases and systems and records 
        management.

SEC. 106. 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. 107. IMPLEMENTATION PLAN.

    (a) In General.--The Attorney General, not later than one year 
after the date of the enactment of this Act, shall submit to the 
Committees on the Judiciary of the House of Representatives and of the 
Senate an implementation plan that details, consistent with this Act, 
an organizational structure for the National Immigration Bureau at the 
national and local levels. Such structure shall ensure accountability 
by, and coordination among, the offices of the Bureau. The plan shall 
address the severe management problems within the Immigration and 
Naturalization Service on the date of the enactment of this Act by 
including provisions that will prevent these problems from being 
perpetuated within the National Immigration Bureau. The plan shall also 
address the issues of chain of command, shared services, file and data 
management and oversight, financial management systems, fraud detection 
and investigation, and establishment of a transition team.
    (b) Consultant.--The Attorney General shall enter into a contract 
with a private entity specializing in management consulting requiring 
the entity to conduct a study of the management problems within the 
Immigration and Naturalization Service and to issue a report containing 
recommendations that will prevent these problems from being perpetuated 
within the National Immigration Bureau.

SEC. 108. DEFINITIONS.

    For purposes of this title:
            (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.

        TITLE II--AMENDMENTS TO IMMIGRATION AND NATIONALITY ACT

SEC. 201. REMOVAL OF CERTAIN LIMITATIONS ON ELIGIBILITY FOR ADJUSTMENT 
              OF STATUS UNDER SECTION 245(I).

    Section 245(i)(1) of the Immigration and Nationality Act (8 U.S.C. 
1255(i)(1)) is amended by striking ``(i)(1)'' through ``The Attorney 
General'' and inserting the following:
    ``(i)(1) Notwithstanding the provisions of subsections (a) and (c) 
of this section, an alien physically present in the United States who--
            ``(A) entered the United States without inspection; or
            ``(B) is within one of the classes enumerated in subsection 
        (c) of this section;
may apply to the Attorney General for the adjustment of his or her 
status to that of an alien lawfully admitted for permanent residence. 
The Attorney General''.

SEC. 202. USE OF FEES FOR PROVIDING ADJUDICATION AND NATURALIZATION 
              SERVICES.

    (a) Finding.--The Congress finds that the policy of the United 
States is generally to fund naturalization activities under title III 
of the Immigration and Naturalization Act (8 U.S.C. 1401 et seq.) 
through the appropriation of sums under appropriations Acts.
    (b) Prohibition on Imposition of Fees on Asylum or Refugee 
Applicants.--
            (1) Refugees.--Section 207(c) of the Immigration and 
        Nationality Act (8 U.S.C. 1157(c)) is amended by adding at the 
        end the following:
    ``(5) The Attorney General may not impose a fee on an alien 
applying for admission as a refugee, or as a spouse or child 
accompanying or following to join such a refugee, in accordance with 
this section.''.
            (2) Asylum.--Section 208(a) of the Immigration and 
        Nationality Act (8 U.S.C. 1158(a)) is amended by adding at the 
        end the following:
            ``(4) Prohibition on imposition of fee.--The Attorney 
        General may not impose a fee on an alien applying for asylum in 
        accordance with this section or section 235(b), or a spouse or 
        child applying to accompany or follow to join an alien granted 
        asylum under subsection (b).''.
    (c) Treatment of Fees for Adjudication and Naturalization 
Services.--Subsections (m), (n), (o), and (p) of section 286 of the 
Immigration and Nationality Act (8 U.S.C. 1356) are amended to read as 
follows:
    ``(m) Adjudication and Naturalization Fees.--(1) Notwithstanding 
any other provisions of law except subsection (n), all immigration 
adjudication and naturalization fees as are designated by the Attorney 
General in regulations shall be deposited as offsetting receipts into 
one of the accounts established by this subsection, whether collected 
directly by the Attorney General or through clerks of courts, except 
that--
            ``(A) all fees received by the Attorney General from 
        applicants residing in the Virgin Islands of the United States 
        and in Guam, under this subsection shall be paid over to the 
        treasury of the Virgin Islands and to the treasury of Guam; and
            ``(B) fees for providing immigration adjudication and 
        naturalization services shall be set at a level that, taking 
        into account the appropriations to carry out these activities, 
        is not higher than the amount necessary to recover any balance 
        of the cost of providing such services that is not funded 
        through such appropriations (including, subject to subsection 
        (o), the costs of similar services provided without charge to 
        applicants for admission as a refugee, asylum applicants, or 
        other immigrants).
    ``(2) Except as provided in paragraph (1), naturalization fees that 
are subject to paragraph (1) and are imposed due to a lack of 
appropriated amounts shall be deposited as offsetting receipts into a 
separate account entitled `Naturalization Fee Account' in the Treasury 
of the United States, and shall remain available until expended to the 
Attorney General to reimburse any appropriation the amount paid out of 
such appropriation for expenses in providing naturalization services. 
Notwithstanding the preceding sentence, deposits into such account may 
not be expended for the costs of providing naturalization services, 
unless the Attorney General determines, in the Attorney General's 
discretion, that the appropriation to carry out these activities is 
inadequate to fully fund them.
    ``(3) Except as provided in paragraph (1), immigrant and 
nonimmigrant petition fees (excluding any fee collected at a port of 
entry) that are subject to paragraph (1) shall be deposited as 
offsetting receipts into a separate account entitled `Immigrant and 
Nonimmigrant Fee Account' in the Treasury of the United States, and 
shall remain available until expended to the Attorney General to 
reimburse any appropriation the amount paid out of such appropriation 
for expenses in providing services in connection with petitions for 
immigrant or nonimmigrant status.
    ``(4) Except as provided in paragraph (1), fees collected by the 
Attorney General at a port of entry that are subject to paragraph (1) 
shall be deposited as offsetting receipts into a separate account 
entitled `Admission Fee Account' in the Treasury of the United States, 
and shall remain available until expended to the Attorney General to 
reimburse any appropriation the amount paid out of such appropriation 
for expenses in providing immigration inspection and adjudication 
services at ports of entry.
    ``(5) Except as provided in paragraph (1), all other immigration 
adjudication fees that are subject to paragraph (1) shall be deposited 
as offsetting receipts into a separate account entitled `Miscellaneous 
Adjudication Fee Account' in the Treasury of the United States, and 
shall remain available until expended to the Attorney General to 
reimburse any appropriation the amount paid out of such appropriation 
for expenses in providing immigration adjudication services that are 
not described in paragraphs (2) through (4).
    ``(n) Special Rule for Section 245(i).--Fees remitted under section 
245(i) shall be deposited as offsetting receipts into a separate 
account entitled `245(i) Application Fee Account' in the Treasury of 
the United States, and shall remain available until expended to the 
Attorney General to reimburse any appropriation the amount paid out of 
such appropriation for functions performed by the Office of Immigration 
Adjudications of the National Immigration Bureau.
    ``(o) Special Rule for Services Provided Without Charge.--Deposits 
into any account established under subsection (m) or (n) may not be 
expended for the costs of providing immigration adjudication and 
naturalization services without charge to applicants for admission as a 
refugee, asylum applicants, or other immigrants, unless the Attorney 
General determines, in the Attorney General's discretion, that the 
appropriation to carry out these activities is inadequate to fully fund 
them.
    ``(p) Prohibited Uses of Fees; Accounting for Fees.--(1) Deposits 
into any account established under subsection (m) or (n) may not be 
expended for--
            ``(A) safeguarding or accounting for fees deposited in, or 
        funds reimbursed from, any such account; or
            ``(B) capital investments, facilities, technology 
        development, data or communications infrastructure, oversight, 
        audits, or functions of the Inspector General.
    ``(2) The Attorney General shall prepare and submit annually to 
Congress statements of financial condition of each of the accounts 
established under subsections (m) and (n), including beginning account 
balance, revenues, withdrawals, and ending account balance and 
projections for the ensuing fiscal year.''.
    (d) Conforming Amendments.--
            (1) Section 245(i).--Section 245(i) of the Immigration and 
        Nationality Act (8 U.S.C. 1255(i)) is amended by striking 
        paragraph (3).
            (2) Section 286(r).--Section 286(r)(2) of the Immigration 
        and Nationality Act (8 U.S.C. 1356(r)(2)) is amended by 
        striking ``Justice, and amount described in section 
        245(i)(3)(b).'' and inserting ``Justice.''.

     TITLE III--GENERAL POLICY AGAINST DETENTION OF ASYLUM SEEKERS

SEC. 301. ALTERNATIVES TO DETENTION OF ASYLUM
              SEEKERS.

    (a) Finding.--The Congress finds that the policy of the United 
States is generally not to detain asylum seekers who have established a 
credible fear of persecution.
    (b) Development of Alternatives to Detention.--In consultation with 
private nonprofit voluntary agencies with expertise in meeting the 
legal, spiritual, cultural, and psychological needs of asylum seekers, 
the Attorney General shall develop alternatives to detention, and 
procedures to ensure their maximum feasible use, that shall at a 
minimum take into account specific alternatives to the detention of 
asylum seekers, including--
            (1) unsupervised release from detention, including the 
        Asylum Pre-Screening Officer Program, as defined in the 
        Immigration and Naturalization Service Memorandum of April 20, 
        1992;
            (2) for individuals not otherwise qualified for release 
        under paragraph (1), parole supervised by private nonprofit 
        voluntary agencies with expertise in meeting the legal, 
        spiritual, cultural, and psychological needs of asylum seekers;
            (3) for individuals not otherwise qualified for release 
        under paragraph (1) or (2), non-secure shelter care or group 
        homes supervised by private nonprofit voluntary agencies with 
        expertise in meeting the legal, spiritual, cultural, and 
        psychological needs of asylum seekers; and
            (4) noninstitutional settings for minors, such as foster 
        care or group homes, especially for those with special needs, 
        those age 14 and under, and those in long-term custody of the 
        Attorney General.
    (c) Prohibition Relating to Minors.--The procedures developed by 
the Attorney General under subsection (b) shall prohibit detention of 
minors in adult facilities or facilities housing delinquent minors 
(except in the case of an alien who is inadmissible or deportable by 
reason of having committed a criminal offense).
    (d) Alternatives to Detention in Criminal Setting.--In the case of 
an asylum seeker not otherwise qualified for release under paragraph 
(1) or (2) of subsection (b), for whom the alternatives specified in 
paragraphs (3) and (4) of subsection (b) are not appropriate, and who 
is not inadmissible or deportable by reason of having committed a 
criminal offense, the procedures developed by the Attorney General 
under subsection (b) shall include alternatives to detention in 
detention facilities used for the incarceration of persons convicted of 
a criminal offense.
    (e) Definitions.--In this section:
            (1) The term ``asylum seeker'' means any applicant for 
        asylum under section 208 of the Immigration and Nationality Act 
        (8 U.S.C. 1158) or any alien who indicates an intention to 
        apply for asylum under that section and who has been found by 
        an asylum officer to have a credible fear of persecution.
            (2) The term ``credible fear of persecution'' has the 
        meaning given the term in section 235(b)(1)(B)(v) of the 
        Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(B)(v)).

                      TITLE IV--GENERAL PROVISIONS

SEC. 401. EFFECTIVE DATES.

    (a) National Immigration Bureau.--The transfer of functions under 
title I shall take effect on the date that is 2 years after the date of 
the enactment of this Act. The National Immigration Bureau shall be 
established, and the Director, deputy directors, and division chiefs of 
such Bureau shall be appointed, not later than such effective date.
    (b) Removal of Limitations on Adjustment of Status Under Section 
245(i).--The amendment made by section 201 shall be effective as if 
included in the enactment of the Departments of Commerce, Justice, and 
State, the Judiciary, and Related Agencies Appropriations Act, 1998 
(Public Law 105-119; 111 Stat. 2440).
    (c) Fees.--The amendments made by section 202 shall take effect on 
the date that is 2 years after the date of the enactment of this Act 
and shall apply to immigration adjudication and naturalization services 
performed and to related fees collected on or after such date.
    (d) Other Provisions.--The remaining provisions of this Act shall 
take effect on the date of the enactment of this Act.
                                 <all>