[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1562 Introduced in House (IH)]

  1st Session
                                H. R. 1562

 A bill to replace the Immigration and Naturalization Service with the 
 Office of the Associate Attorney General for Immigration Affairs, the 
     Bureau of Immigration Services, and the Bureau of Immigration 
                  Enforcement, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 24, 2001

   Ms. Jackson-Lee of Texas introduced the following bill; which was 
  referred to the Committee on the Judiciary, and in addition to the 
    Committee on Government Reform, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 A bill to replace the Immigration and Naturalization Service with the 
 Office of the Associate Attorney General for Immigration Affairs, the 
     Bureau of Immigration Services, and the Bureau of Immigration 
                  Enforcement, 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 2001''.

SEC. 2. ESTABLISHMENT OF OFFICE OF THE ASSOCIATE ATTORNEY GENERAL FOR 
              IMMIGRATION AFFAIRS.

    (a) Office of Associate Attorney General for Immigration Affairs.--
            (1) In general.--There is established in the Department of 
        Justice an office to be known as the Office of the Associate 
        Attorney General for Immigration Affairs.
            (2) Associate attorney general for immigration affairs.--
        The head of the Office of the Associate Attorney General for 
        Immigration Affairs shall be the Associate Attorney General for 
        Immigration Affairs who--
                    (A) shall be appointed by the President, by and 
                with the advice and consent of the Senate;
                    (B) shall conduct inspections at ports of entry 
                into the United States; and
                    (C) shall report directly to the Attorney General 
                or the Attorney General's designate.
            (3) Compensation.--The Associate Attorney General for 
        Immigration Affairs 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.--The Associate Attorney General for 
        Immigration Affairs--
                    (A) shall supervise and coordinate the functions 
                performed by the Director of the Bureau of Immigration 
                Services established under section 3 and the Director 
                of the Bureau of Immigration Enforcement established 
                under section 4;
                    (B) shall be charged with any additional 
                responsibilities and authority in the administration of 
                the Office of the Associate Attorney General for 
                Immigration Affairs and of the Immigration and 
                Nationality Act which are conferred upon the Attorney 
                General as may be delegated to the Associate Attorney 
                General for Immigration Affairs by the Attorney General 
                or which may be prescribed by the Attorney General; and
                    (C) shall perform such other functions as are 
                otherwise vested in the Associate Attorney General for 
                Immigration Affairs by law.
    (b) Counsel.--There shall be a position of Counsel to the Associate 
Attorney General for Immigration Affairs and this position shall be a 
career reserved position within the Senior Executive Service. The 
Counsel shall have such authorities and functions as may be delegated 
to the Counsel by the Associate Attorney General for Immigration 
Affairs or which may be prescribed by the Associate Attorney General 
for Immigration Affairs.
    (c) Chief Financial Officer.--There shall be a position of Chief 
Financial Officer for the Office of the Associate Attorney General for 
Immigration Affairs and this position shall be a career reserved 
position within the Senior Executive Service and shall have the 
authorities and functions described in section 902 of title 31, United 
States Code, in relation to financial activities of such office. The 
provisions of section 903 of such title (relating to Deputy Chief 
Financial Officers) shall also apply to such office in the same manner 
as the previous sentence applies to such office.
    (d) Office of Shared Services.--There is established in the Office 
of the Associate Attorney General for Immigration Affairs an office to 
be known as the Office of Shared Services. The head of the Office of 
Shared Services shall be the Chief of the Office of Shared Services. 
This position shall be a career-reserved position within the Senior 
Executive Service. The Chief 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 
Office of the Associate Attorney General, the Bureau of Immigration 
Services, and the Bureau of Immigration Enforcement.
    (e) Office of Immigration Quality Assurance, Professional 
Responsibility, and Customer Service.--
            (1) In general.--There is established in the Office of the 
        Associate Attorney General for Immigration Affairs an office to 
        be known as the Office of Immigration Quality Assurance, 
        Professional Responsibility, and Customer Service (in this 
        subsection referred to as the ``Office'').
            (2) Director.--
                    (A) Appointment.--The Office shall be headed by a 
                Director, who shall be appointed by the Associate 
                Attorney General for Immigration Affairs and without 
                regard to the provisions of title 5, United States 
                Code, relating to appointments in the competitive 
                service of the Senior Executive Service. The Director 
                shall report directly to the Associate Attorney General 
                for Immigration Affairs.
                    (B) Compensation.--The 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).
            (3) Functions of office.--The functions of the Office of 
        Immigration Quality Assurance, Professional Responsibility, and 
        Customer Service shall include the following:
                    (A) Quality Assurance.--
                            (i) To ensure that national policies are 
                        correctly implemented.
                            (ii) To determine whether policies or 
                        practices result in poor file management, 
                        inefficient utilization of computer and other 
                        technological resources, or poor or inaccurate 
                        service.
                            (iii) To report findings recommending 
                        corrective action to the Associate Attorney 
                        General for Immigration Affairs.
                    (B) Professional responsibility.--
                            (i) To train all enforcement personnel on 
                        civil rights.
                            (ii) To receive charges of misconduct or 
                        ill treatment made by the public, to 
                        investigate such charges, and to provide an 
                        appropriate remedy or disposition of them.
                    (C) Customer service.--
                            (i) To assist individuals in resolving 
                        service or case problems with the Bureau of 
                        Immigration services established under section 
                        3 or the Bureau of Immigration Enforcement 
                        established under section 4.
                            (ii) To identify areas in which individuals 
                        have problems in dealings with the Bureau of 
                        Immigration Services or the Bureau of 
                        Immigration Enforcement.
                            (iii) To the extent possible, to propose 
                        changes in the administrative practices of the 
                        two bureaus to mitigate problems identified 
                        under clause (ii).
                            (iv) To monitor the coverage and geographic 
                        allocation of local offices of the 2 bureaus.
                            (v) To ensure that the local telephone 
                        number for each local office of each bureau is 
                        published and available to individuals served 
                        by the office.
                    (D) Coordination.--To coordinate the functions 
                performed by, and resolve any dispute between, the 
                Office of Children's Affairs of the Bureau of 
                Immigration Services and the Office of Children's 
                Affairs of the Bureau of Immigration Enforcement.
            (4) Personnel actions.--The Director shall have the 
        responsibility and authority to appoint local or regional 
        representatives of the Office as in the Director's judgment may 
        be necessary to address and rectify serious service and 
        training problems.
            (5) Responsibilities of the associate attorney general for 
        immigration affairs.--The Associate Attorney General for 
        Immigration Affairs shall establish procedures requiring a 
        formal response to all recommendations submitted by the 
        Director within three months after submission of the Director's 
        reports or recommendations. The Associate Attorney General 
        shall meet regularly with the Director to identify and correct 
        serious service and training problems.
            (6) Annual reports.--
                    (A) Objectives.--Not later than June 30 of each 
                calendar year, the Director shall report to the 
                Committee on the Judiciary of the House of 
                Representatives and the Committee on the Judiciary of 
                the Senate on the objectives of the Office for the 
                fiscal year beginning in such calendar year. Any such 
                report shall contain full and substantive analysis, in 
                addition to statistical information.
                    (B) Activities.--Not later than December 31 of each 
                calendar year, the Director shall submit a report to 
                the Committee on the Judiciary of the House of 
                Representatives and the Committee on the Judiciary of 
                the Senate on the activities of the Office during the 
                fiscal year ending in that calendar year. Any such 
                report shall contain a full and substantive analysis, 
                in addition to statistical information, and shall--
                            (i) identify the initiatives the Office has 
                        taken on improving services and the 
                        responsiveness of the Bureau of Immigration 
                        Services and the Bureau of Immigration 
                        Enforcement;
                            (ii) contain a summary of the most serious 
                        service problems encountered by individuals, 
                        including a description of the nature of such 
                        problems;
                            (iii) contain an inventory of the items 
                        described in clauses (i) and (ii), the status 
                        of any actions taken or not taken regarding 
                        them, the result of such actions, and the 
                        reasons why no actions were taken, where 
                        applicable;
                            (iv) contain recommendations as may be 
                        appropriate to resolve problems encountered by 
                        individuals; and
                            (v) include such other information as the 
                        Director may deem advisable.
    (f) 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 Office of the Associate Attorney General for 
Immigration Affairs, 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 
        Associate Attorney General for Immigration Affairs; or
            (2) to such office is deemed to refer to the Office of the 
        Associate Attorney General for Immigration Affairs.

SEC. 3. ESTABLISHMENT OF BUREAU OF IMMIGRATION SERVICES.

    (a) Establishment of Bureau.--
            (1) In general.--There is established in the Department of 
        Justice a bureau to be known as the Bureau of Immigration 
        Services (in this section referred to as the ``Service 
        Bureau'').
            (2) Director.--The head of the Service Bureau shall be the 
        Director of the Bureau of Immigration Services who--
                    (A) shall be appointed by the Attorney General; and
                    (B) shall report directly to the Associate Attorney 
                General for Immigration Affairs or such person'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.--
                    (A) In general.--Such Director 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) Protection against processing delays.--
                            (i) In general.--It is the sense of the 
                        Congress that such Director should develop, 
                        implement, and maintain procedures to ensure, 
                        to the extent practicable, that all complete 
applications for a benefit under the Immigration and Nationality Act 
are granted or denied within a reasonable period of time after their 
submission, such as the following periods:
                                    (I) In the case of a petition to 
                                accord status under section 
                                201(b)(2)(A)(i), or subsection (a), 
                                (b), or (c) of section 203, of the 
                                Immigration and Nationality Act, 60 
                                days.
                                    (II) In the case of an application 
                                for adjustment of status under section 
                                245 of the Immigration and Nationality 
                                Act, 180 days.
                                    (III) In the case of a petition to 
                                accord or extend status under section 
                                101(a)(15) of the Immigration and 
                                Nationality Act, 30 days.
                                    (IV) In the case of an application 
                                to accord benefits under section 301 of 
                                the Immigration and Nationality Act, 90 
                                days.
                                    (V) In the case of an application 
                                to accord status under section 
                                207(c)(2) of the Immigration and 
                                Nationality Act to the spouse or child 
                                of a refugee admitted under section 
                                207(c)(1) of such Act, or to accord 
                                status under section 208(b)(3) of such 
                                Act to the spouse or child of an alien 
                                granted asylum under section 208(b)(1) 
                                of such Act, 60 days.
                                    (VI) In the case of an application 
                                for issuance of documents evidencing 
                                employment authorization, 30 days.
                                    (VII) In the case of a petition 
                                under section 216 of the Immigration 
                                and Nationality Act to remove the 
                                conditions on permanent resident status 
                                for certain alien spouses, sons, and 
                                daughters, 90 days.
                                    (VIII) In the case of a petition 
                                under section 216A of the Immigration 
                                and Nationality Act to remove the 
                                conditions on permanent resident status 
                                for certain alien entrepreneurs, 
                                spouses, sons, and daughters, 90 days.
                                    (IX) In the case of an application 
                                for registration for temporary 
                                protected status under section 244 of 
                                the Immigration and Nationality Act, 60 
                                days.
                            (ii) Authorization of appropriations.--
                        There are authorized to be appropriated such 
                        sums are may be necessary for fiscal years 2002 
                        through 2004 to reduce any backlog in 
                        processing and adjudicating pending--
                                    (I) applications for naturalization 
                                under section 308 under the Immigration 
                                and Nationality Act;
                                    (II) applications for adjustments 
                                of status under sections 245 and 209 of 
                                such Act;
                                    (III) petitions for nonimmigrant 
                                visas under section 214 of such Act;
                                    (IV) applications for immigrant 
                                visas under section 222 of such Act;
                                    (V) applications for asylum under 
                                section 208 of such Act; and
                                    (VI) petitions for temporary 
                                protected status under section 244 of 
                                such Act.
    (b) Transfer of Functions.--There are transferred from the 
Commissioner of the Immigration and Naturalization Service to the 
Director of the Bureau of Immigration Services 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:
            (1) Adjudications of nonimmigrant and immigrant visa 
        petitions.
            (2) Adjudications of naturalization petitions.
            (3) Adjudications of asylum and refugee applications.
            (4) Adjudications performed at Service centers.
            (5) 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.
    (c) Office of Children's Affairs.--Within the Service Bureau, there 
shall be an Office of Children's Affairs. The head of such office shall 
be the Deputy Director for Children's Affairs, who shall be charged 
with any and all responsibilities and authority relating to the special 
needs of children which are conferred upon the Director of the Service 
Bureau as may be delegated to the Deputy Director by the Director, or 
which may be prescribed by the Associate Attorney General for 
Immigration Affairs.
    (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 Services 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 Bureau of Immigration Services; or
            (2) to such office is deemed to refer to the Services 
        Bureau.

SEC. 4. ESTABLISHMENT OF BUREAU OF IMMIGRATION ENFORCEMENT.

    (a) Establishment of Bureau.--
            (1) In general.--There is established in the Department of 
        Justice a bureau to be known as the Bureau of Immigration 
        Enforcement (in this section referred to as the ``Enforcement 
        Bureau'').
            (2) Director.--The head of the Enforcement Bureau shall be 
        the Director of the Bureau of Immigration Enforcement who--
                    (A) shall be appointed by the Attorney General; and
                    (B) shall report directly to the Associate Attorney 
                General for Immigration Affairs or such person'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 shall perform such functions 
        as are transferred to the Director by this section or Act or 
        otherwise vested in the Director by law.
    (b) Transfer of Functions.--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:
            (1) The Border Patrol program.
            (2) The detention and deportation program.
            (3) The intelligence program.
            (4) The investigations program.
    (c) Office of Children's Affairs.--Within the Enforcement Bureau, 
there shall be an Office of Children's Affairs. The head of such office 
shall be the Deputy Director for Children's Affairs, who shall be 
charged with any and all responsibilities and authority relating to the 
special needs of children which are conferred upon the Director of the 
Enforcement Bureau as may be delegated to the Deputy Director by the 
Director, or which may be prescribed by the Associate Attorney General 
for Immigration Affairs.
    (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 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 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 Bureau of Immigration Enforcement; or
            (2) to such office is deemed to refer to the Enforcement 
        Bureau.

SEC. 5. APPLICATION OF INTERNET BASED TECHNOLOGIES.

    (a) Establishment of a Tracking System.--The Attorney General and 
the Secretary of Labor, 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 
web-based system, that will permit a person, employer, immigrant, or 
nonimmigrant who has filings with the Attorney General or such 
Secretary 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 Secretary of Labor, the Secretary of Commerce, and the 
        Technology Advisory Committee under subsection (c), shall 
        conduct a feasibility study on the on-line filing of the 
        filings described in subsection (a). The study shall 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) Examination of improved processing.--The study shall 
        also include a review of computerization and technology of the 
        Department of Labor and the Immigration and Naturalization 
        Service relating to the immigration services and processing of 
        filings related to immigrant services. The study shall examine 
        how to meet the goal of achieving processing of 98 percent of 
        filings for lawful permanent resident status within 3 months of 
        the date on which they are filed and 98 percent of filings for 
        nonimmigrant status within 1 month of the date on which they 
        are filed.
            (3) 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 January 
        1, 2002.
    (c) Technology Advisory Committee.--
            (1) Establishment.--The Attorney General, the Secretary of 
        Labor, and the Secretary of Commerce shall jointly establish, 
        not later than 30 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 them in--
                    (A) establishing the tracking system under 
                subsection (a);
                    (B) conducting the study under subsection (b); and
                    (C) establishing a system to verify Internet 
                recruitment.
        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. 6. 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. 7. 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 14 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 14, 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. 8. 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 Office of the Associate Attorney 
General for Immigration Affairs, the Bureau of Immigration Services, or 
the Bureau of Immigration Enforcement and would, if so transferred, 
further the purposes of the respective office or 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 Office of the Associate Attorney General for Immigration Affairs 
for appropriate allocation by the Associate Attorney General for 
Immigration Affairs. 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.
            (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) Adoption of existing labor agreements.--The Office of 
        the Associate Attorney General for Immigration Affairs, the 
        Bureau of Immigration Services, and the Bureau of Immigration 
        Enforcement shall adopt all labor agreements which are in 
        effect, as of the day before the effective date in section 14, 
        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 Associate 
Attorney General for Immigration Affairs, the Director of the Bureau of 
Immigration Services, and the Director of the Bureau of Immigration 
Enforcement to whom functions are transferred under this Act may 
delegate any of the functions so transferred to such officers and 
employees of the Office of the Associate Attorney General for 
Immigration Affairs, the Bureau of Immigration Services and the Bureau 
of Immigration Enforcement, respectively, as such official 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.--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 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.

SEC. 9. 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. 10. 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 OFFICE OF THE 
   ASSOCIATE ATTORNEY GENERAL FOR IMMIGRATION AFFAIRS, THE BUREAU OF 
    IMMIGRATION SERVICES, AND THE BUREAU OF IMMIGRATION ENFORCEMENT

``Sec.
``9601. Office of the Associate Attorney General for Immigration 
                            Affairs, Bureau of Immigration Services, 
                            and Bureau of Enforcement personnel 
                            flexibilities.
``9602. Pay authority for critical positions.
``9603. Streamline critical pay authority.
``9604. Recruitment, retention, relocation incentives, and relocation 
                            expenses.
``Sec. 9601. Office of the Associate Attorney General for Immigration 
              Affairs, Bureau of Immigration Services, and Bureau of 
              Enforcement 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 Office of 
the Associate Attorney General for Immigration Affairs, the Bureau of 
Immigration Services, or the Bureau of Immigration Enforcement, 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 Office of the 
Associate Attorney General for Immigration Affairs, the Bureau of 
Immigration Services, or the Bureau of Immigration Enforcement, 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 successful accomplishment 
                of an important mission by the Office of the Associate 
                Attorney General for Immigration Affairs, the Bureau of 
                Immigration Services, or the Bureau of Immigration 
                Enforcement;
            ``(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 in each of the Office of 
        the Associate Attorney General for Immigration Affairs, the 
        Bureau of Immigration Services, and the Bureau of Immigration 
        Enforcement does not exceed 10 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 Immigration and 
        Naturalization Service employees prior to the date of the 
        enactment of this section;
            ``(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 
of title 5, United States Code.
``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 Office of the Associate Attorney General for Immigration Affairs, 
the Bureau of Immigration Services, or to the Bureau of Immigration 
Enforcement 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 
section.''.
    (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 Office of the         9601''.
Associate Attorney General for Immigration Affairs, the 
Bureau of Immigration Services, and Bureau of Immigration 
Enforcement.
    (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 Office of the 
        Associate Attorney General for Immigration Affairs, the Bureau 
        of Immigration Services, or the Bureau of Immigration 
        Enforcement 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 and Naturalization Service 
                into the Office of the Associate Attorney General for 
                Immigration Affairs, the Bureau of Immigration 
                Services, and Bureau of Immigration Enforcement 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, 2003;
                            (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 contributions to 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 Office 
                of the Associate Attorney General for Immigration 
                Affairs, the Bureau of Immigration Services, and the 
                Bureau of Immigration Enforcement 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 Office of 
        Associate Attorney General for Immigration Affairs, the Bureau 
        of Immigration Services, or the Bureau of Immigration 
        Enforcement, as the case may be.
            (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 Office of the Associate Attorney General for 
                Immigration Affairs, the Bureau of Immigration 
                Services, or the Bureau of Immigration Enforcement.
                    (B) Use of voluntary separations.--The Office of 
                the Associate Attorney General for Immigration Affairs, 
                the Bureau of Immigration Services, and the Bureau of 
                Immigration Enforcement 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. 11. AUTHORIZATION OF APPROPRIATIONS; DISPOSITION OF FEES; SENSE OF 
              CONGRESS.

    (a) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated 
        for fiscal years 2002 through 2004 such sums as may be 
        necessary to carry out this Act.
            (2) Availability of funds.--Amounts appropriated under 
        paragraph (1) shall remain available until expended.
    (b) 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 Office of the 
        Associate Attorney General for Immigration Affairs, the Bureau 
        of Immigration Services, and the Bureau of Immigration 
        Enforcement.
            (2) Fees.--Notwithstanding section 286 of the Immigration 
        and Nationality Act (8 U.S.C. 1356) or any other provision of 
        law, 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.
    (c) Sense of Congress.--It is the sense of the Congress that--
            (1) the missions of both the Bureau of Immigration Services 
        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 3 nor the immigration 
        enforcement functions referred to in section 4 should operate 
        at levels below that in existence prior to enactment of this 
        Act.

SEC. 12. 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 Office of the Associate Attorney 
General for Immigration Affairs, the Bureau of Immigration Services, 
and the Bureau of Immigration Enforcement, at the national and local 
levels. Such structure shall ensure accountability by, and coordination 
among, the subdivisions and offices comprising the Office of the 
Associate Attorney General for Immigration Affairs, the Bureau of 
Immigration Services, and the Bureau of Immigration Enforcement. The 
plan shall address any management problems (such as unclear lines of 
accountability, poor intra-agency communication and coordination, and 
weaknesses in financial accountability, resource allocation, and budget 
planning and execution) 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 Office of the Associate Attorney General for Immigration 
Affairs. 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 any management problems (such as 
unclear lines of accountability, poor intra-agency communication and 
coordination, and weaknesses in financial accountability, resource 
allocation, and budget planning and execution) within the Immigration 
and Naturalization Service on the date of the enactment of this Act and 
to issue a report containing recommendations that will prevent these 
problems from being perpetuated within the Office of the Associate 
Attorney General for Immigration Affairs, the Bureau of Immigration 
Services, or the Bureau of Immigration Enforcement.

SEC. 13. 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. 14. EFFECTIVE DATES.

    The transfer of functions under this Act shall take effect on the 
date that is 2 years after the date of the enactment of this Act. The 
Office of the Associate Attorney General for Immigration Affairs, the 
Bureau of Immigration Services, and the Bureau of Immigration 
Enforcement shall be established, and the Associate Attorney General 
for Immigration Affairs, the Director of the Bureau of Immigration 
Services, and the Director of the Bureau of Immigration Enforcement 
shall be appointed, not later than such effective date.
                                 <all>