[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3231 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 3231

 To replace the Immigration and Naturalization Service with the Agency 
            for Immigration Affairs, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 6, 2001

Mr. Sensenbrenner (for himself and Mr. Gekas) introduced the following 
       bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To replace the Immigration and Naturalization Service with the Agency 
            for Immigration Affairs, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Immigration Reform and 
Accountability Act of 2001''.

SEC. 2. ABOLISHMENT OF IMMIGRATION AND NATURALIZATION SERVICE; 
              ESTABLISHMENT OF AGENCY FOR IMMIGRATION AFFAIRS.

    (a) Abolishment of INS.--The Immigration and Naturalization Service 
of the Department of Justice is abolished.
    (b) Establishment of Agency for Immigration Affairs.--
            (1) In general.--There is established in the Department of 
        Justice an agency to be known as the ``Agency for Immigration 
        Affairs''.
            (2) Associate attorney general.--The head of the Agency for 
        Immigration Affairs shall be the Associate Attorney General for 
        Immigration Affairs. The Associate Attorney General for 
        Immigration Affairs--
                    (A) shall be appointed by the President, by and 
                with the consent of the Senate;
                    (B) shall report directly to the Attorney General; 
                and
                    (C) shall have a minimum of 10 years experience in 
                managing a large and complex organization.
    (c) Functions.--The Associate Attorney General for Immigration 
Affairs--
            (1) shall oversee the work of, and supervise, the Director 
        of the Bureau of Immigration Services and Adjudications and the 
        Director of the Bureau of Immigration Enforcement;
            (2) shall oversee the work of, and supervise, the Director 
        of the Executive Office for Immigration Review;
            (3) shall review on referral such decisions of the Board of 
        Immigration Appeals as--
                    (A) he or she directs the Board to refer to him or 
                her;
                    (B) the Chairman or a majority of the Board of 
                Immigration Appeals refers to him or her;
                    (C) requested by the Director of the Bureau of 
                Immigration Services and Adjudications; or
                    (D) requested by the Director of the Bureau of 
                Immigration Enforcement;
            (4) shall coordinate the administration of national 
        immigration policy, including coordinating the operations of 
        the Executive Office for Immigration Review, the Bureau of 
        Immigration Services and Adjudications, and the Bureau of 
        Immigration Enforcement, and reconcile conflicting policies of 
        such office and bureaus; and
            (5) shall allocate and coordinate resources involved in 
        supporting shared support functions for the Bureau of 
        Immigration Services and Adjudications, the Bureau of 
        Immigration Enforcement, and offices within the Department of 
        Justice, through the Office of Shared Services established by 
        section 3.

SEC. 3. OFFICERS OF AGENCY FOR IMMIGRATION AFFAIRS.

    (a) Policy Advisor.--There shall be a position of Policy Advisor 
for the Agency for Immigration Affairs. The Policy Advisor shall be 
charged with providing advice to the Associate Attorney General for 
Immigration Affairs on all matters relating to immigration and 
naturalization policy. The Policy Advisor shall coordinate and 
reconcile the resolution of policy issues by the Bureau of Immigration 
Services and Adjudications, the Bureau of Immigration Enforcement, and 
the Executive Office for Immigration Review.
    (b) Legal Advisor.--There shall be a position of Legal Advisor for 
the Agency for Immigration Affairs. The Legal Advisor shall be charged 
with providing legal advice to the Associate Attorney General for 
Immigration Affairs on all matters relating to immigration and 
naturalization. The Legal Advisor shall coordinate and reconcile the 
resolution of legal issues by the Bureau of Immigration Services and 
Adjudications, the Bureau of Immigration Enforcement, and the Executive 
Office for Immigration Review. The Legal Advisor may issue legal 
opinions on general issues of law, which shall be binding on all 
officers and employees of the Agency for Immigration Affairs and which 
shall be published in an appropriate form.
    (c) Chief Financial Officer.--
            (1) In general.--There shall be a position of Chief 
        Financial Officer for the Agency for Immigration Affairs.
            (2) Functions.--The Chief Financial Officer shall be 
        responsible for--
                    (A) the financial management of the Agency for 
                Immigration Affairs and shall have the authorities and 
                functions described in section 902 of title 31, United 
                States Code, in relation to financial activities of the 
                agency;
                    (B) collection of all payments, fines, and other 
                debts for the Bureau of Immigration Services and 
                Adjudications, the Bureau of Immigration Enforcement, 
                and the Executive Office for Immigration Review; and
                    (C) coordinating all budget and other financial 
                management issues with the Bureau of Immigration 
                Services and Adjudications, the Bureau of Immigration 
                Enforcement, and the Executive Office for Immigration 
                Review.
    (d) Director of Shared Services.--There shall be a position of 
Director of the Office of Shared Services for the Agency for 
Immigration Affairs. The Director of the Office of Shared Services 
shall be responsible for the appropriate allocation and coordination of 
resources involved in supporting shared support functions for the 
Bureau of Immigration Services and Adjudications, the Bureau of 
Immigration Enforcement, the Executive Office for Immigration Review, 
and other offices within the Department of Justice, including--
            (1) facilities management;
            (2) information resources management, including computer 
        databases and information technology;
            (3) records and file management; and
            (4) forms management.
    (e) Office of the Ombudsman.--
            (1) Establishment.--
                    (A) In general.--There is established in the Agency 
                for Immigration Affairs an office to be known as the 
                ``Office of the Ombudsman''.
                    (B) Ombudsman.--
                            (i) In general.--The Office of the 
                        Ombudsman shall be under the supervision and 
                        direction of an official to be known as the 
                        ``Ombudsman''. The Ombudsman shall report 
                        directly to the Associate Attorney General for 
                        Immigration Affairs.
                            (ii) Qualifications.--The Ombudsman shall 
                        have a background in customer service as well 
                        as immigration law.
            (2) Functions of office.--The Ombudsman shall perform the 
        functions described in section 5.
    (f) Office of Professional Responsibility and Quality Review.--
            (1) In general.--There is established in the Agency for 
        Immigration Affairs an office to be known as the ``Office of 
        Professional Responsibility and Quality Review''. The head of 
        the Office of Professional Responsibility and Quality Review 
        shall be the Chief of the Office of Professional Responsibility 
        and Quality Review. The Chief of the Office of Professional 
        Responsibility and Quality Review shall be responsible for--
                    (A) conducting investigations of noncriminal 
                allegations of misconduct, corruption, and fraud 
                involving any employee of the Agency for Immigration 
                Affairs that are not subject to investigation by the 
                Department of Justice Office of the Inspector General;
                    (B) inspecting the operations of the Agency for 
                Immigration Affairs and providing assessments of the 
                quality of the operations of the agency as a whole and 
                each of its components; and
                    (C) providing an analysis of the management of the 
                Agency for Immigration Affairs.
            (2) Special considerations.--In providing assessments in 
        accordance with paragraph (1)(B) with respect to decisions of 
        the Agency for Immigration Affairs or any of its components, 
        consideration shall be given to--
                    (A) the accuracy of the finding of fact and 
                conclusions of law used in rendering the decision;
                    (B) any fraud or misrepresentation associated with 
                the decision; and
                    (C) the efficiency with which the decision was 
                rendered.
    (g) Employee Discipline for Willful Deceit.--The Associate Attorney 
General for Immigration Affairs may, notwithstanding any other 
provision of law, impose disciplinary action, including termination of 
employment, pursuant to policies and procedures applicable to employees 
of the Federal Bureau of Investigation, for any employee of the Agency 
for Immigration Affairs who willfully deceives the Congress or agency 
leadership on any matter.
    (h) Definition.--For purposes of this section, the term ``employee 
of the Agency for Immigration Affairs'' includes all employees of the 
Agency for Immigration Affairs, the Bureau of Immigration Services and 
Adjudications, the Bureau of Immigration Enforcement, and the Executive 
Office of Immigration Review (including immigration judges, 
administrative law judges, and members of the Board of Immigration 
Appeals).

SEC. 4. ESTABLISHMENT OF BUREAU OF IMMIGRATION SERVICES AND 
              ADJUDICATIONS.

    (a) Establishment of Bureau.--
            (1) In general.--There is established in the Agency for 
        Immigration Affairs a bureau to be known as the ``Bureau of 
        Immigration Services and Adjudications''.
            (2) Director.--The head of the Bureau of Immigration 
        Services and Adjudications shall be the Director of the Bureau 
        of Immigration Services and Adjudications, who--
                    (A) shall report directly to the Associate Attorney 
                General for Immigration Affairs; and
                    (B) shall have a minimum of 10 years professional 
                experience in the rendering of adjudications on the 
                provision of government benefits or services, at least 
                5 of which shall have been years of service in a 
                managerial capacity or in a position affording 
                comparable management experience.
            (3) Functions.--The Director of the Bureau of Immigration 
        Services and Adjudications--
                    (A) shall establish the policies for performing 
                such functions as are transferred to the Director by 
                this section or this Act or otherwise vested in the 
                Director by law;
                    (B) shall oversee the administration of such 
                policies;
                    (C) shall advise the Associate Attorney General for 
                Immigration Affairs with respect to any policy or 
                operation of the Bureau of Immigration Services and 
                Adjudications that may affect the Bureau of Immigration 
                Enforcement, the Executive Office for Immigration 
                Review, or both, including potentially conflicting 
policies or operations;
                    (D) shall meet regularly with the Ombudsman to 
                correct serious service problems identified by the 
                Ombudsman; and
                    (E) shall establish procedures requiring a formal 
                response to any recommendations submitted in the 
                Ombudsman's annual report to the Congress within 3 
                months after its submission to the Congress.
    (b) Transfer of Functions.--
            (1) From commissioner.--There are transferred from the 
        Commissioner of the Immigration and Naturalization Service to 
        the Director of the Bureau of Immigration Services and 
        Adjudications all functions performed under the following 
        programs, and all personnel, infrastructure, and funding 
        provided to the Commissioner in support of such programs 
        immediately before the effective date of this section:
                    (A) Adjudications of nonimmigrant and immigrant 
                visa petitions.
                    (B) Adjudications of naturalization petitions.
                    (C) Adjudications of asylum and refugee 
                applications.
                    (D) Adjudications performed at Service centers.
                    (E) All other adjudications under the Immigration 
                and Nationality Act performed by the Immigration and 
                Naturalization Service as of the date of the enactment 
                of this Act.
            (2) From assistant attorney general, civil rights 
        division.--There are transferred from the Assistant Attorney 
        General, Civil Rights Division, to the Director of the Bureau 
        of Immigration Services and Adjudications all functions 
        performed by the Office of Special Counsel for Immigration 
        Related Unfair Employment Practices, and all personnel, 
        infrastructure, and funding provided to the Assistant Attorney 
        General, United States Civil Rights Division, in support of the 
        Office of Special Counsel for Immigration Related Unfair 
        Employment Practices immediately before the effective date of 
        this section.
            (3) From assistant attorney general, civil division.--There 
        are transferred from the Assistant Attorney General, Civil 
        Division, to the Director of the Bureau of Immigration Services 
        and Adjudications all functions performed by the Office of 
        Immigration Litigation relating to the litigation of 
        naturalization suits and litigation involving immigrant and 
        nonimmigrant visas and all personnel, infrastructure, and 
        funding provided to the Assistant Attorney General, Civil 
        Division, in support of those functions immediately before the 
        effective date of this section.
    (c) Office of Policy and Strategy.--There is established in the 
Bureau of Immigration Services and Adjudications an office to be known 
as the ``Office of Policy and Strategy''. The head of the Office of 
Policy and Strategy shall be the Chief of the Office of Policy and 
Strategy. In consultation with Bureau of Immigration Services and 
Adjudications personnel in field offices, the Chief of the Office of 
Policy and Strategy shall be responsible for--
            (1) establishing national immigration services policies and 
        priorities;
            (2) performing policy research and analysis on immigration 
        services issues (excluding statistical information); and
            (3) coordinating immigration policy issues with the Office 
        of Policy and Strategy for the Bureau of Immigration 
        Enforcement and the Associate Attorney General for Immigration 
        Affairs through the Policy Advisor for the Agency for 
        Immigration Affairs, as appropriate.
    (d) General Counsel for Bureau of Immigration Services and 
Adjudications.--There shall be a position of General Counsel for the 
Bureau of Immigration Services and Adjudications. The General Counsel 
and his or her delegates--
            (1) shall provide specialized legal advice and other 
        assistance to the Director of the Bureau of Immigration 
        Services and Adjudications, the Director's delegates, and all 
        employees of the components transferred under this section;
            (2) shall represent the Bureau of Immigration Services and 
        Adjudications in visa petition appeal proceedings and unfair 
        immigration-related employment practice proceedings before the 
        Executive Office for Immigration Review and in other legal, 
        judicial, or administrative proceedings involving immigration 
        services issues (excluding exclusion, deportation, or removal 
        proceedings and applications for relief therefrom); and
            (3) shall coordinate legal issues with the General Counsel 
        for the Bureau of Immigration Enforcement, including the 
        issuance of joint legal opinions where more than the Bureau of 
        Immigration Services and Adjudications is affected, the General 
        Counsel for the Executive Office for Immigration Review, and 
        the Associate Attorney General for Immigration Affairs through 
        the Legal Advisor for the Agency for Immigration Affairs, as 
        appropriate.
    (e) Chief Budget Officer for Bureau of Immigration Services and 
Adjudications.--There shall be a position of Chief Budget Officer for 
the Bureau of Immigration Services and Adjudications. The Chief Budget 
Officer shall be responsible for formulating and executing the budget 
of the Bureau of Immigration Services and Adjudications. The Chief 
Budget Officer shall report to the Director of the Bureau of 
Immigration Services and Adjudications and shall provide information 
to, and coordinate resolution of relevant issues with, the Chief 
Financial Officer for the Agency for Immigration Affairs.
    (f) Office of Operations Statistics.--There is established in the 
Bureau of Immigration Services and Adjudications an office to be known 
as the ``Office of Operations Statistics''. The head of the Office of 
Operations Statistics shall be the Chief of the Office of Operations 
Statistics. The Chief shall have had experience in statistical 
programs. The Chief of the Office of Operations Statistics shall be 
responsible for compiling and disseminating the daily operational 
statistics of the Bureau of Immigration Services and Adjudications.
    (g) Office of Congressional, Intergovernmental, and Public 
Affairs.--There is established in the Bureau of Immigration Services 
and Adjudications an office to be known as the ``Office of 
Congressional, Intergovernmental, and Public Affairs''. The head of 
such office shall be the Chief of the Office of Congressional, 
Intergovernmental, and Public Affairs. The Chief shall be responsible 
for--
            (1) providing information relating to immigration services 
        to the Congress, including information on specific cases 
        relating to immigration services;
            (2) serving as a liaison with other Federal agencies on 
        immigration services issues; and
            (3) responding to inquiries from the media and general 
        public on immigration services issues.
    (h) Sectors.--Headed by sector directors, and located in 
appropriate geographic locations, sectors of the Bureau of Immigration 
Services and Adjudications shall be responsible for directing all 
aspects of the Bureau of Immigration Services and Adjudication 
operations within their assigned geographic areas of activity. Sector 
directors shall provide general guidance and supervision to the field 
offices of the Bureau of Immigration Services and Adjudications within 
their sectors.
    (i) Field Offices.--Headed by field directors, who may be assisted 
by deputy field directors, these offices shall be responsible for 
assisting the Director of the Bureau of Immigration Services and 
Adjudications in carrying out the Director's functions. Field directors 
shall be subject to the general supervision and direction of their 
respective sector director, except that field directors outside of the 
United States shall be subject to the general supervision and direction 
of the Director of the Bureau of Immigration Services and 
Adjudications. All field directors shall remain accountable to, and 
receive their authority from, the Director of the Bureau of Immigration 
Services and Adjudications, in order to ensure consistent application 
and implementation of policies nationwide.
    (j) Service Centers.--Headed by service center directors, field 
offices shall be responsible for assisting the Director of the Bureau 
of Immigration Services and Adjudications in carrying out the 
Director's functions that can be effectively carried out at remote 
locations. Service center directors are subject to the general 
supervision and direction of their respective sector director, except 
that all service center directors shall remain accountable to, and 
receive their authority from, the Director of the Bureau of Immigration 
Services and Adjudications, in order to ensure consistent application 
and implementation of policies nationwide.
    (k) Transfer and Removal.--Notwithstanding any other provision of 
law, the Director of the Bureau of Immigration Services and 
Adjudications may, in the Director's discretion, transfer or remove any 
field director, sector director, or service center director.
    (l) References.--With respect to any function transferred by this 
section or Act to, and exercised on or after the effective date of this 
section by, the Director of the Bureau of Immigration Services and 
Adjudications, any reference in any other Federal law, Executive order, 
rule, regulation, or delegation of authority, or any document of or 
pertaining to a component of government from which such function is 
transferred--
            (1) to the head of such component is deemed to refer to the 
        Director of the Bureau of Immigration Services and 
        Adjudications; or
            (2) to such component is deemed to refer to the Bureau of 
        Immigration Services and Adjudications.

SEC. 5. OFFICE OF THE OMBUDSMAN.

    (a) Functions.--It shall be the function of the Office of the 
Ombudsman established under section 3--
            (1) to assist individuals and employers in resolving 
        problems with the Bureau of Immigration Services and 
        Adjudications;
            (2) to identify areas in which individuals and employers 
        have problems in dealing with the Bureau of Immigration 
        Services and Adjudications;
            (3) to the extent possible, to propose changes in the 
        administrative practices of the Bureau of Immigration Services 
        and Adjudications to mitigate problems identified under 
        paragraph (2); and
            (4) to identify potential legislative changes which may be 
        appropriate to mitigate such problems.
    (b) Annual Reports.--
            (1) Objectives.--Not later than June 30 of each calendar 
        year, the Ombudsman shall report to the Committee on the 
        Judiciary of the House of Representatives and the Senate on the 
        objectives of the Office of the Ombudsman for the fiscal year 
        beginning in such calendar year. Any such report shall contain 
        full and substantive analysis, in addition to statistical 
        information, and--
                    (A) shall identify the initiatives the Office of 
                the Ombudsman has taken on improving services and 
                responsiveness of the Bureau of Immigration Services 
                and Adjudications;
                    (B) shall contain a summary of the most pervasive 
                and serious problems encountered by individuals and 
                employers, including a description of the nature of 
                such problems;
                    (C) shall contain an inventory of the items 
                described in subparagraphs (A) and (B) for which action 
                has been taken and the result of such action;
                    (D) shall contain an inventory of the items 
                described in subparagraphs (A) and (B) for which action 
                remains to be completed and the period during which 
                each item has remained on such inventory;
                    (E) shall contain an inventory of the items 
                described in subparagraphs (A) and (B) for which no 
                action has been taken, the period during which each 
                item has remained on such inventory, the reasons for 
                the inaction, and identify any Bureau of Immigration 
                Services and Adjudications official who is responsible 
                for such inaction;
                    (F) shall contain recommendations for such 
                administrative and legislative action as may be 
                appropriate to resolve problems encountered by 
                individuals and employers; and
                    (G) shall include such other information as the 
                Ombudsman may deem advisable.
            (2) Report to be submitted directly.--Each report required 
        under this subsection shall be provided directly to the 
        committees described in paragraph (1) without any prior review 
        or comment from the Assistant Attorney General for Immigration 
        Affairs, any other officer or employee of the Department of 
        Justice, or the Office of Management and Budget.
    (c) Other Responsibilities.--The Ombudsman--
            (1) shall monitor the coverage and geographic allocation of 
        local offices of the Ombudsman;
            (2) shall develop guidance to be distributed to all Bureau 
        of Immigration Services and Adjudications officers and 
        employees outlining the criteria for referral of inquiries to 
        local offices of the Ombudsman;
            (3) shall ensure that the local telephone number for each 
        local office of the Ombudsman is published and available to 
        individuals and employers served by the office; and
            (4) shall meet regularly with the Director of the Bureau of 
        Immigration Services and Adjudications to identify serious 
        service problems and to present recommendations for 
        administrative action as may be appropriate to resolve problems 
        encountered by individuals and employers.
    (d) Personnel Actions.--
            (1) In general.--The Ombudsman shall have the 
        responsibility and authority--
                    (A) to appoint local ombudsmen and make available 
                at least 1 such ombudsman for each State; and
                    (B) to evaluate and take personnel actions 
                (including dismissal) with respect to any employee of 
                any local office of the Ombudsman described in 
                subparagraph (A).
            (2) Consultation.--The Ombudsman may consult with the 
        appropriate supervisory personnel of the Bureau of Immigration 
        Services and Adjudications in carrying out the Ombudsman's 
        responsibilities under this subsection.
    (e) Responsibilities of Bureau of Immigration Services and 
Adjudications.--The Director of the Bureau of Immigration Services and 
Adjudications shall establish procedures requiring a formal response to 
all recommendations submitted to such director by the Ombudsman within 
3 months after submission to such director.
    (f) Operation of Local Offices.--
            (1) In general.--Each local ombudsman --
                    (A) shall report to the Ombudsman or delegate 
                thereof;
                    (B) may consult with the appropriate supervisory 
                personnel of the Bureau of Immigration Services and 
                Adjudications regarding the daily operation of the 
                local office of such ombudsman;
                    (C) shall, at the initial meeting with any 
                individual or employer seeking the assistance of such 
                local office, notify such individual or employer that 
                the local offices of the Ombudsman operate 
                independently of any other component in the Agency for 
                Immigration Affairs and report directly to the Congress 
                through the Ombudsman; and
                    (D) at the local ombudsman's discretion, may 
                determine not to disclose to the Bureau of Immigration 
                Services and Adjudications contact with, or information 
                provided by, such individual or employer.
            (2) Maintenance of independent communications.--Each local 
        office of the Ombudsman shall maintain a phone, facsimile, and 
        other means of electronic communication access, and a post 
        office address, that is separate from those maintained by the 
        Bureau of Immigration Services and Adjudications, or any 
        component of the Bureau of Immigration Services and 
        Adjudications.

SEC. 6. ESTABLISHMENT OF BUREAU OF IMMIGRATION ENFORCEMENT.

    (a) Establishment of Bureau.--
            (1) In general.--There is established in the Agency for 
        Immigration Affairs a bureau to be known as the ``Bureau of 
        Immigration Enforcement''.
            (2) Director.--The head of the Bureau of Immigration 
        Enforcement shall be the Director of the Bureau of Immigration 
        Enforcement, who--
                    (A) shall report directly to the Associate Attorney 
                General for Immigration Affairs; and
                    (B) shall have a minimum of 10 years professional 
                experience in law enforcement, at least 5 of which 
                shall have been years of service in a managerial 
                capacity.
            (3) Functions.--The Director of the Bureau of Immigration 
        Enforcement--
                    (A) shall establish the policies for performing 
                such functions as are transferred to the Director by 
                this section or this Act or otherwise vested in the 
                Director by law;
                    (B) shall oversee the administration of such 
                policies; and
                    (C) shall advise the Associate Attorney General for 
                Immigration Affairs with respect to any policy or 
                operation of the Bureau of Immigration Enforcement that 
                may affect the Bureau of Immigration Services and 
                Adjudications, or the Executive Office for Immigration 
                Review, including potentially conflicting policies or 
                operations.
    (b) Transfer of Functions.--
            (1) From commissioner.--There are transferred from the 
        Commissioner of the Immigration and Naturalization Service to 
        the Director of the Bureau of Immigration Enforcement all 
        functions performed under the following programs, and all 
        personnel, infrastructure, and funding provided to the 
        Commissioner in support of such programs immediately before the 
        effective date of this section:
                    (A) The Border Patrol program.
                    (B) The detention and removal program.
                    (C) The intelligence program.
                    (D) The investigations program.
                    (E) The inspections program.
            (2) From assistant attorney general, criminal division.--
        There are transferred from the Assistant Attorney General, 
        Criminal Division, to the Director of the Bureau of Immigration 
        Enforcement all functions performed by the Office of Special 
        Investigations and all personnel, infrastructure, and funding 
        provided to the Assistant Attorney General, Criminal Division, 
        in support of the Office of Special Investigations immediately 
        before the effective date of this section.
            (3) From assistant attorney general, civil division.--There 
        are transferred from the Assistant Attorney General, Civil 
        Division, to the Director of the Bureau of Immigration 
        Enforcement all functions performed by the Office of 
        Immigration Litigation relating to the litigation of the 
        following:
                    (A) Challenges to orders of exclusion, deportation, 
                and removal;
                    (B) Denials of relief from exclusion, deportation, 
                and removal;
                    (C) Petitions seeking review of employer sanctions;
                    (D) Habeas corpus actions filed by aliens seeking 
                release from detention or to block deportation or 
                removal;
                    (E) Appeals from district court immigration 
                decisions;
                    (F) Suits challenging immigration policy and 
                enforcement actions by the Attorney General; and
                    (G) all personnel, infrastructure, and funding 
                provided to the Assistant Attorney General, Civil 
                Division, in support of those functions immediately 
                before the effective date of this section.
    (c) Office of Policy and Strategy.--There is established in the 
Bureau of Immigration Enforcement an office to be known as the ``Office 
of Policy and Strategy''. The head of the Office of Policy and Strategy 
shall be the Chief of the Office of Policy and Strategy. In 
consultation with Bureau of Immigration Enforcement personnel in field 
offices, the Chief of the Office of Policy and Strategy shall be 
responsible for--
            (1) establishing national immigration enforcement policies 
        and priorities;
            (2) performing policy research and analysis on immigration 
        enforcement issues (excluding statistical information); and
            (3) coordinating immigration policy issues with the Office 
        of Policy and Strategy for the Bureau of Immigration Services 
        and Adjudications and the Associate Attorney General for 
        Immigration Affairs through the Policy Advisor for the Office 
        of the Associate Attorney General for Immigration Affairs, as 
        appropriate.
    (d) General Counsel for the Bureau of Immigration Enforcement.--
There shall be a position of General Counsel for the Bureau of 
Immigration Enforcement. The General Counsel and his or her delegates--
            (1) shall provide specialized legal advice and other 
        assistance to the Director of the Bureau, the Director's 
        delegates, and all employees of the components transferred 
        under this section;
            (2) shall represent the Bureau in all exclusion, 
        deportation, and removal proceedings before the Executive 
        Office for Immigration Review, including in proceedings to 
        adjudicate relief from exclusion, deportation and removal, and 
        in other legal, judicial, or administrative proceedings 
        involving immigration enforcement issues; and
            (3) shall coordinate legal issues with the General Counsel 
        for the Bureau of Immigration Services and Adjudications, 
        including the issuance of joint legal opinions where more than 
        the Bureau of Immigration Enforcement is affected, the General 
        Counsel for the Executive Office for Immigration Review, and 
        the Associate Attorney General for Immigration Affairs through 
        the Legal Advisor for the Agency for Immigration Affairs, as 
        appropriate.
    (e) Chief Budget Officer for the Bureau of Immigration 
Enforcement.--There shall be a position of Chief Budget Officer for the 
Bureau of Immigration Enforcement. The Chief Budget Officer shall be 
responsible for formulating and executing the budget of the Bureau of 
Immigration Enforcement. The Chief Budget Officer shall report to the 
Director of the Bureau of Immigration Enforcement and shall provide 
information to, and coordinate resolution of relevant issues with, the 
Chief Financial Officer for the Agency for Immigration Affairs.
    (f) Office of Operations Statistics.--There is established in the 
Bureau of Immigration Enforcement an office to be known as the ``Office 
of Operations Statistics''. The head of the Office of Operations 
Statistics shall be the Chief of the Office of Operations Statistics. 
The Chief shall have had experience in statistical programs. The Chief 
of the Office of Operations Statistics shall be responsible for 
compiling and disseminating the daily operational statistics of the 
Bureau of Immigration Enforcement.
    (g) Office of Congressional, Intergovernmental, and Public 
Affairs.--There is established in the Bureau of Immigration Enforcement 
an office to be known as the ``Office of Congressional, 
Intergovernmental, and Public Affairs''. The head of such office shall 
be the Chief of the Office of Congressional, Intergovernmental, and 
Public Affairs. The Chief shall be responsible for--
            (1) providing information relating to immigration 
        enforcement to the Congress, including information on specific 
        cases relating to immigration enforcement;
            (2) serving as a liaison with other Federal agencies on 
        immigration enforcement issues; and
            (3) responding to inquiries from the media and the general 
        public on immigration enforcement issues.
    (h) Sectors.--Headed by sector directors, and located in 
appropriate geographic locations, sectors of the Bureau of Immigration 
Enforcement shall be responsible for directing all aspects of the 
Bureau of Immigration Enforcement's operations within their assigned 
geographic areas of activity. Sector directors shall provide general 
guidance and supervision to the field offices of the Bureau of 
Immigration Enforcement within their sectors.
    (i) Field Offices.--Headed by field directors, who may be assisted 
by deputy field directors, field offices shall be responsible for 
assisting the Director of the Bureau of Immigration Enforcement in 
carrying out the Director's functions. Field directors shall be subject 
to the general supervision and direction of their respective sector 
director, except that field directors outside of the United States 
shall be subject to the general supervision and direction of the 
Director of the Bureau of Immigration Enforcement. All field directors 
shall remain accountable to, and receive their authority from, the 
Director of the Bureau of Immigration Enforcement, in order to ensure 
consistent application and implementation of policies nationwide. There 
shall be a field office situated in at least every location where there 
is situated a field office of the Bureau of Immigration Services and 
Adjudications.
    (j) Border Patrol Sectors.--Headed by chief patrol agents, who may 
be assisted by deputy chief patrol agents, these offices shall be 
responsible for the enforcement of the Immigration and Nationality Act 
and all other laws relating to immigration and naturalization within 
their assigned geographic areas of activity, unless any such power and 
authority is required to be exercised by higher authority or has been 
exclusively delegated to another immigration official or class of 
immigration officer. Chief patrol agents are subject to the general 
supervision and direction of their respective sector director, except 
that they shall remain accountable to, and receive their authority 
from, the Director of the Bureau of Immigration Enforcement, in order 
to ensure consistent application and implementation of policies 
nationwide.
    (k) Transfer and Removal.--Notwithstanding any other provision of 
law, the Director of the Bureau of Immigration Enforcement may, in the 
Director's discretion, transfer or remove any field director, sector 
director, or chief patrol officer.
    (l) References.--With respect to any function transferred by this 
section or Act to, and exercised on or after the effective date of this 
section by, the Director of the Bureau of Immigration Enforcement, any 
reference in any other Federal law, Executive order, rule, regulation, 
or delegation of authority, or any document of or pertaining to a 
component of government from which such function is transferred--
            (1) to the head of such component is deemed to refer to the 
        Director of the Bureau of Immigration Enforcement; or
            (2) to such component is deemed to refer to the Bureau of 
        Immigration Enforcement.

SEC. 7. EXERCISE OF AUTHORITIES.

    Except as otherwise provided by law, a Federal official to whom a 
function is transferred by this Act may, for purposes of performing the 
function, exercise all authorities under any other provision of law 
that were available with respect to the performance of that function to 
the official responsible for the performance of the function 
immediately before the effective date of the transfer of the function 
under this Act.

SEC. 8. SAVINGS PROVISIONS.

    (a) Legal Documents.--All orders, determinations, rules, 
regulations, permits, grants, loans, contracts, agreements, recognition 
of labor organizations, certificates, licenses, and privileges--
            (1) that have been issued, made, granted, or allowed to 
        become effective by the President, the Attorney General, the 
        Commissioner of the Immigration and Naturalization Service, 
        their delegates, or any other Government official, or by a 
        court of competent jurisdiction, in the performance of any 
        function that is transferred by this Act; and
            (2) that are in effect on the effective date of such 
        transfer (or become effective after such date pursuant to their 
        terms as in effect on such effective date),
shall continue in effect according to their terms until modified, 
terminated, superseded, set aside, or revoked in accordance with law by 
the President, any other authorized official, a court of competent 
jurisdiction, or operation of law.
    (b) Proceedings.--Sections 4 and 6 and this section shall not 
affect any proceedings or any application for any benefit, service, 
license, permit, certificate, or financial assistance pending on the 
effective date specified in section 17(a) before an office whose 
functions are transferred by this Act, but such proceedings and 
applications shall be continued. Orders shall be issued in such 
proceedings, appeals shall be taken therefrom, and payments shall be 
made pursuant to such orders, as if this Act had not been enacted, and 
orders issued in any such proceeding shall continue in effect until 
modified, terminated, superseded, or revoked by a duly authorized 
official, by a court of competent jurisdiction, or by operation of law. 
Nothing in this section shall be considered to prohibit the 
discontinuance or modification of any such proceeding under the same 
terms and conditions and to the same extent that such proceeding could 
have been discontinued or modified if this section had not been 
enacted.
    (c) Suits.--This Act shall not affect suits commenced before the 
effective date specified in section 17(a), and in all such suits, 
proceedings shall be had, appeals taken, and judgments rendered in the 
same manner and with the same effect as if this Act had not been 
enacted.
    (d) Nonabatement of Actions.--No suit, action, or other proceeding 
commenced by or against the Department of Justice or the Immigration 
and Naturalization Service, or by or against any individual in the 
official capacity of such individual as an officer or employee in 
connection with a function transferred by this section, shall abate by 
reason of the enactment of this Act.
    (e) Continuance of Suits.--If any Government officer in the 
official capacity of such officer is party to a suit with respect to a 
function of the officer and under this Act such function is transferred 
to any other officer or office, then such suit shall be continued with 
the other officer or the head of such other office, as applicable, 
substituted or added as a party.
    (f) Administrative Procedure and Judicial Review.--Except as 
otherwise provided by this Act, any statutory requirements relating to 
notice, hearings, action upon the record, or administrative or judicial 
review that apply to any function transferred by this Act shall apply 
to the exercise of such function by the head of the office, and other 
officers of the office, to which such function is transferred by such 
section.

SEC. 9. TRANSFER AND ALLOCATION OF APPROPRIATIONS AND PERSONNEL.

    (a) In General.--The personnel of the Department of Justice 
employed in connection with the functions transferred by this Act (and 
functions that the Attorney General determines are properly related to 
the functions of the Bureau of Immigration Services and Adjudications 
or the Bureau of Immigration Enforcement and would, if transferred, 
further the purposes of the bureau to which the function is 
transferred), and the assets, liabilities, contracts, property, 
records, and unexpended balance of appropriations, authorizations, 
allocations, and other funds employed, held, used, arising from, 
available to, or to be made available to the Immigration and 
Naturalization Service, the Executive Office for Immigration Review, 
the Office of Immigration Litigation of the Civil Division, the Office 
of Special Counsel for Immigration Related Unfair Employment Practices 
of the Civil Rights Division, or the Office of Special Investigations 
of the Criminal Division in connection with the functions transferred 
by this Act, subject to section 202 of the Budget and Accounting 
Procedures Act of 1950, shall be transferred to the Agency for 
Immigration Affairs for appropriate allocation by the Associate 
Attorney General for Immigration Affairs or the appropriate head of 
component of the agency. Unexpended funds transferred pursuant to this 
subsection shall be used only for the purposes for which the funds were 
originally authorized and appropriated. The Attorney General shall have 
the right to adjust or realign transfers of funds and personnel 
effected pursuant to this Act for a period of 2 years after the date of 
the establishment of the Agency for Immigration Affairs.
    (b) Delegation and Assignment.--Except as otherwise expressly 
prohibited by law or otherwise provided in this Act, of the Associate 
Attorney General for Immigration Affairs, the Director of the Bureau of 
Immigration Services and Adjudications, and the Director of the Bureau 
of Immigration Enforcement, the person to whom functions are 
transferred under this Act may delegate any of the functions so 
transferred to such officers and employees of the Agency for 
Immigration Affairs, the Bureau of Immigration Services and 
Adjudications or the Bureau of Immigration Enforcement, respectively, 
as the person may designate, and may authorize successive redelegations 
of such functions as may be necessary or appropriate. No delegation of 
functions under this subsection or under any other provision of this 
Act shall relieve the official to whom a function is transferred under 
this Act of responsibility for the administration of the function.
    (c) Authorities of Attorney General.--The Attorney General (or a 
delegate of the Attorney General), at such time or times as the 
Attorney General (or the delegate) shall provide, may make such 
determinations as may be necessary with regard to the functions 
transferred by this Act, and may make such additional incidental 
dispositions of personnel, assets, liabilities, grants, contracts, 
property, records, and unexpended balances of appropriations, 
authorizations, allocations, and other funds held, used, arising from, 
available to, or to be made available in connection with such 
functions, as may be necessary to carry out the provisions of this Act. 
The Attorney General shall provide for such further measures and 
dispositions as may be necessary to effectuate the purposes of this 
Act.
    (d) Databases.--The Associate Attorney General for Immigration 
Affairs shall ensure that the Agency for Immigration Affairs' databases 
and those of the Bureau of Immigration Services and Adjudications and 
the Bureau of Immigration Enforcement are integrated with the databases 
of the Executive Office for Immigration Review in such a way as to 
permit--
            (1) the electronic docketing of each case by date of 
        service upon an alien of the notice to appear in the case of a 
        removal proceeding (or an order to show cause in the case of a 
        deportation proceeding, or a notice to alien in the case of an 
        exclusion proceeding); and
            (2) the tracking of the status of any alien throughout the 
        alien's contact with United States immigration authorities 
        without regard to whether the entity with jurisdiction over the 
        alien is the Agency for Immigration Affairs, the Bureau of 
        Immigration Services and Adjudications, the Bureau of 
        Immigration Enforcement, or the Executive Office for 
        Immigration Review.

SEC. 10. STATUTORY CONSTRUCTION.

    Nothing in this Act may be construed to preclude or limit in any 
way the powers, authorities, or duties of the Secretary of State and 
special agents of the Department of State and the Foreign Service under 
the State Department Basic Authorities Act of 1956, the Immigration and 
Nationality Act, or any other Act, to investigate illegal passport or 
visa issuance or use.

SEC. 11. PERSONNEL FLEXIBILITIES.

    (a) General Improvements in Personnel Flexibilities.--Subpart I of 
part III of title 5, United States Code, is amended by adding at the 
end the following chapter:

   ``CHAPTER 96--PERSONNEL FLEXIBILITIES RELATING TO THE AGENCY FOR 
                          IMMIGRATION AFFAIRS

``Sec.
``9601. Agency for Immigration Affairs personnel flexibilities.
``9602. Pay authority for critical positions.
``9603. Streamlined critical pay authority.
``9604. Recruitment, retention, relocation incentives, and relocation 
                            expenses.
``Sec. 9601. Agency for Immigration Affairs personnel flexibilities
    ``(a) Any flexibilities provided by sections 9602 through 9604 
shall be exercised in a manner consistent with--
            ``(1) chapter 23 (relating to merit system principles and 
        prohibited personnel practices);
            ``(2) provisions relating to preference eligibles;
            ``(3) except as otherwise specifically provided, section 
        5307 (relating to the aggregate limitation on pay);
            ``(4) except as otherwise specifically provided, chapter 71 
        (relating to labor-management relations); and
            ``(5) subject to subsections (b) and (c) of section 1104, 
        as though such authorities were delegated to the Attorney 
        General under section 1104(a)(2).
    ``(b) The Attorney General shall provide the Office of Personnel 
Management with any information that Office requires in carrying out 
its responsibilities under this section.
    ``(c) Employees within a unit to which a labor organization is 
accorded exclusive recognition under chapter 71 shall not be subject to 
any flexibility provided by sections 9602 through 9604.
``Sec. 9602. Pay authority for critical positions
    ``(a) When the Attorney General seeks a grant of authority under 
section 5377 for critical pay for 1 or more positions at the Agency for 
Immigration Affairs, the Office of Management and Budget may fix the 
rate of basic pay, notwithstanding sections 5377(d)(2) and 5307, at any 
rate up to the salary set in accordance with section 104 of title 3.
    ``(b) No allowance, differential, bonus, award, or similar cash 
payment may be paid to any employee receiving critical pay at a rate 
fixed under subsection (a), in any calendar year if, or to the extent 
that, the employee's total annual compensation will exceed the maximum 
amount of total annual compensation payable at the salary set in 
accordance with section 104 of title 3.
``Sec. 9603. Streamlined critical pay authority
    ``(a) Notwithstanding section 9602, and without regard to the 
provisions of this title governing appointments in the competitive 
service or the Senior Executive Service and chapters 51 and 53 
(relating to classification and pay rates), the Attorney General may, 
for a period of 10 years after the date of the enactment of this 
section, establish, fix the compensation of, and appoint individuals 
to, designated critical administrative, technical, and professional 
positions needed to carry out the functions of the Agency for 
Immigration Affairs, if--
            ``(1) the positions--
                    ``(A) require expertise of an extremely high level 
                in an administrative, technical, or professional field; 
                and
                    ``(B) are critical to the Agency for Immigration 
                Affairs' successful accomplishment of an important 
                mission;
            ``(2) exercise of the authority is necessary to recruit or 
        retain an individual exceptionally well qualified for the 
        position;
            ``(3) the number of such positions does not exceed 20 at 
        any one time;
            ``(4) designation of such positions is approved by the 
        Attorney General;
            ``(5) the terms of such appointments are limited to no more 
        than 4 years;
            ``(6) appointees to such positions were not employees of 
        the Immigration and Naturalization Service, the Executive 
        Office for Immigration Review, the Office of Immigration 
        Litigation of the Civil Division, the Office of Special Counsel 
        for Immigration Related Unfair Employment Practices of the 
        Civil Rights Division, or the Office of Special Investigations 
        of the Criminal Division prior to the date of the enactment of 
        this Act;
            ``(7) total annual compensation for any appointee to such 
        positions does not exceed the highest total annual compensation 
        payable at the rate determined under section 104 of title 3; 
        and
            ``(8) all such positions are excluded from the collective 
        bargaining unit.
    ``(b) Individuals appointed under this section shall not be 
considered to be employees for purposes of subchapter II of chapter 75.
``Sec. 9604. Recruitment, retention, relocation incentives, and 
              relocation expenses
    ``(a) For a period of 10 years after the date of the enactment of 
this section and subject to approval by the Office of Personnel 
Management, the Attorney General may provide for variations from 
sections 5753 and 5754 governing payment of recruitment, relocation, 
and retention incentives.
    ``(b) For a period of 10 years after the date of the enactment of 
this section, the Attorney General may pay from appropriations made to 
the Agency for Immigration Affairs allowable relocation expenses under 
section 5724a for employees transferred or reemployed and allowable 
travel and transportation expenses under section 5723 for new 
appointees, for any new appointee appointed to a position for which pay 
is fixed under section 9602 or 9603 after the date of the enactment of 
this Act.''.
    (b) Clerical Amendment.--The table of chapters for part III of 
title 5, United States Code, is amended by adding after the item 
relating to chapter 95 the following:

``96. Personnel flexibilities relating to the Agency for        9601''.
Immigration Affairs.
    (c) Voluntary Separation Incentive Payments.--
            (1) Definition.--In this subsection, the term ``employee'' 
        means an employee (as defined by section 2105 of title 5, 
        United States Code) who is employed by the Agency for 
        Immigration Affairs serving under an appointment without time 
        limitation, and has been currently employed for a continuous 
        period of at least 3 years, but does not include--
                    (A) a reemployed annuitant under subchapter III of 
                chapter 83 or chapter 84 of title 5, United States 
                Code, or another retirement system;
                    (B) an employee having a disability on the basis of 
                which such employee is or would be eligible for 
                disability retirement under the applicable retirement 
                system referred to in subparagraph (A);
                    (C) an employee who is in receipt of a specific 
                notice of involuntary separation for misconduct or 
                unacceptable performance;
                    (D) an employee who, upon completing an additional 
                period of service as referred to in section 
                3(b)(2)(B)(ii) of the Federal Workforce Restructuring 
                Act of 1994 (5 U.S.C. 5597 note), would qualify for a 
                voluntary separation incentive payment under section 3 
                of such Act;
                    (E) an employee who has previously received any 
                voluntary separation incentive payment by the Federal 
                Government under this section or any other authority 
                and has not repaid such payment;
                    (F) an employee covered by statutory reemployment 
                rights who is on transfer to another organization;
                    (G) any employee who, during the 24-month period 
                preceding the date of separation, has received a 
                recruitment or relocation bonus under section 5753 of 
                title 5, United States Code, or who, within the 12-
                month period preceding the date of separation, received 
                a retention allowance under section 5754 of title 5, 
                United States Code; or
                    (H) any employee within a unit to which a labor 
                organization is accorded exclusive recognition under 
                chapter 71.
            (2) Authority to provide voluntary separation incentive 
        payments.--
                    (A) In general.--The Associate Attorney General for 
                Immigration Affairs may pay voluntary separation 
                incentive payments under this section to any employee 
                to the extent necessary to carry out the plan to 
                restructure the immigration functions of the Department 
                of Justice into the Agency for Immigration Affairs 
                under this Act.
                    (B) Amount and treatment of payments.--A voluntary 
                separation incentive payment--
                            (i) shall be paid in a lump sum after the 
                        employee's separation;
                            (ii) shall be paid from appropriations or 
                        funds available for the payment of the basic 
                        pay of the employee;
                            (iii) shall be equal to the lesser of--
                                    (I) an amount equal to the amount 
                                the employee would be entitled to 
                                receive under section 5595(c) of title 
                                5, United States Code; or
                                    (II) an amount determined by the 
                                Associate Attorney General for 
                                Immigration Affairs not to exceed 
                                $25,000;
                            (iv) may not be made except in the case of 
                        any qualifying employee who voluntarily 
                        separates (whether by retirement or 
                        resignation) before January 1, 2005;
                            (v) shall not be a basis for payment, and 
                        shall not be included in the computation, of 
                        any other type of Government benefit; and
                            (vi) shall not be taken into account in 
                        determining the amount of any severance pay to 
                        which the employee may be entitled under 
                        section 5595 of title 5, United States Code, 
                        based on any other separation.
            (3) Additional agency for immigration affairs contributions 
        to the retirement fund.--
                    (A) In general.--In addition to any other payments 
                which it is required to make under subchapter III of 
                chapter 83 of title 5, United States Code, the Agency 
                for Immigration Affairs shall remit to the Office of 
                Personnel Management for deposit in the Treasury of the 
                United States to the credit of the Civil Service 
                Retirement and Disability Fund an amount equal to 15 
                percent of the final basic pay of each employee who is 
                covered under subchapter III of chapter 83 or chapter 
                84 of title 5, United States Code, to whom a voluntary 
                separation incentive has been paid under this 
                subsection.
                    (B) Definition.--In subparagraph (A), the term 
                ``final basic pay'', with respect to an employee, means 
                the total amount of basic pay which would be payable 
                for a year of service by such employee, computed using 
                the employee's final rate of basic pay, and, if last 
                serving on other than a full-time basis, with 
                appropriate adjustment therefor.
            (4) Effect of subsequent employment with the government.--
        An individual who has received a voluntary separation incentive 
        payment under this subsection and accepts any employment for 
        compensation with the Government of the United States, or who 
        works for any agency of the United States Government through a 
        personal services contract, within 5 years after the date of 
        the separation on which the payment is based, shall be required 
        to pay, prior to the individual's first day of employment, the 
        entire amount of the incentive payment to the Agency for 
        Immigration Affairs.
            (5) Effect on employment levels.--
                    (A) Intended effect.--Voluntary separations under 
                this subsection are not intended to necessarily reduce 
                the total number of full-time equivalent positions in 
                the Agency for Immigration Affairs.
                    (B) Use of voluntary separations.--The Agency for 
                Immigration Affairs may redeploy or use the full-time 
                equivalent positions vacated by voluntary separations 
                under this subsection to make other positions available 
                to more critical locations or more critical 
                occupations.

SEC. 12. MISCELLANEOUS PROVISIONS.

    Notwithstanding the Federal Property and Administrative Services 
Act of 1949 (40 U.S.C. 471 et seq.), the Attorney General is authorized 
to expend from the appropriation provided for the administration and 
enforcement of the Immigration and Nationality Act, such amounts as may 
be necessary for the leasing or acquisition of property in the 
fulfillment of establishing the Agency for Immigration Affairs under 
this Act.

SEC. 13. AUTHORIZATION OF APPROPRIATIONS; PROHIBITION ON TRANSFER OF 
              FEES; SENSE OF CONGRESS.

    (a) Authorization of Appropriations for Transition.--
            (1) In general.--There are authorized to be appropriated 
        such sums as may be necessary to effect the abolition of the 
        Immigration and Naturalization Service, the establishment of 
        the Agency for Immigration Affairs and its components, and the 
transfers of functions required to be made under this Act, and to carry 
out any other duty related to the reorganization of the immigration and 
naturalization functions that is made necessary by this Act.
            (2) Availability of funds.--Amounts appropriated under 
        paragraph (1) shall remain available until expended.
            (3) Transition account.--
                    (A) Establishment.--There is established in the 
                general fund of the Treasury of the United States a 
                separate account, which shall be known as the 
                ``Immigration Reorganization Transition Account'' (in 
                this paragraph referred to as the ``Account'').
                    (B) Use of account.--There shall be deposited into 
                the Account all amounts appropriated under paragraph 
                (1).
                    (C) Advanced availability of funds.--To the extent 
                provided in appropriations Acts, funds in the Account 
                shall be available for expenditure before the effective 
                date in section 17(a).
    (b) Separation of Funding.--
            (1) In general.--There shall be established separate 
        accounts in the Treasury of the United States for appropriated 
        funds and other deposits available for the Bureau of 
        Immigration Services and Adjudications, the Bureau of 
        Immigration Enforcement, and the Executive Office for 
        Immigration Review.
            (2) Separate budgets.--To ensure that the Bureau of 
        Immigration Services and Adjudications, the Bureau of 
        Immigration Enforcement, and the Executive Office for 
        Immigration Review are funded to the extent necessary to fully 
        carry out their respective functions, the Director of the 
        Office of Management and Budget shall separate the budget 
        requests for each such entity.
            (3) Fees.--Fees imposed for a particular service, 
        application, or benefit shall be deposited into the account 
        established under paragraph (1) that is for the bureau with 
        jurisdiction over the function to which the fee relates.
            (4) Fees not transferable.--No fee may be transferred among 
        the Bureau of Immigration Services and Adjudications, the 
        Bureau of Immigration Enforcement, and the Executive Office for 
        Immigration Review for purposes not authorized by section 286 
        of the Immigration and Nationality Act.
            (5) Establishment of fees for adjudication and 
        naturalization services.--Section 286(m) of the Immigration and 
        Nationality Act (8 U.S.C. 1356(m)) is amended by striking 
        ``services, including the costs of similar services provided 
        without charge to asylum applicants or other immigrants.'' and 
        inserting ``services.''.
    (c) Sense of Congress.--It is the sense of the Congress that--
            (1) the missions of both the Bureau of Immigration Services 
        and Adjudications and the Bureau of Immigration Enforcement are 
        equally important and, accordingly, both Bureaus should be 
        adequately funded; and
            (2) neither the immigration adjudication and service 
        functions referred to in section 4 nor the immigration 
        enforcement functions referred to in section 6 should operate 
        at levels below that in existence prior to the enactment of 
        this Act.
    (d) Authorization of Appropriations for Backlog Reduction.--There 
are authorized to be appropriated such sums as may be necessary for 
fiscal years 2002 through 2004 to reduce any backlog in processing and 
adjudicating pending--
            (1) applications for naturalization under section 308 of 
        the Immigration and Nationality Act;
            (2) applications for adjustments of status under sections 
        245 and 209 of such Act;
            (3) petitions for nonimmigrant visas under section 214 of 
        such Act;
            (4) applications for immigrant visas under section 222 of 
        such Act;
            (5) applications for asylum under section 208 of such Act; 
        and
            (6) petitions for temporary protected status under section 
        244 of such Act.

SEC. 14. REPORTS AND IMPLEMENTATION PLANS.

    (a) Division of Funds.--The Attorney General, not later than 120 
days after the date of the enactment of this Act, shall submit to the 
Committees on Appropriations and the Judiciary of the House of 
Representatives and of the Senate a report on the proposed division and 
transfer of funds, including unexpended funds, appropriations, and 
fees, among the components of the Agency for Immigration Affairs. Not 
later than 60 days after the date of submittal of such report, each 
such component shall submit to such Committees an operating plan of 
resources allocated, by object class and decision unit structure.
    (b) Division of Personnel.--The Attorney General, not later than 
120 days after the date of the enactment of this Act, shall submit to 
the Committees on Appropriations and the Judiciary of the House of 
Representatives and of the Senate a report on the proposed division of 
personnel among the components of the Agency for Immigration Affairs.
    (c) Implementation Plan.--
            (1) In general.--The Attorney General, not later than 120 
        days after the date of the enactment of this Act, shall submit 
        to the Committees on Appropriations and the Judiciary of the 
        House of Representatives and of the Senate an implementation 
        plan to carry out this Act.
            (2) Contents.--The implementation plan should include 
        details concerning the separation of the components of the 
        Agency for Immigration Affairs, including but not limited to 
        the following:
                    (A) Organizational structure, including the field 
                structure.
                    (B) Chain of command.
                    (C) Procedures for interaction between such 
                components.
                    (D) Procedures for the Director of Shared Services 
                to perform all shared support functions, including 
                authorizing the Directors of the Bureau of Immigration 
                Services and Adjudications, the Bureau of Immigration 
                Enforcement, and the Executive Office for Immigration 
                Review to approve training curricula and to acquire 
                such supplies and equipment as may be necessary to 
                perform the daily operations of their component of the 
                Agency for Immigration Affairs.
                    (E) Procedures to establish separate accounts and 
                financial management systems for the Bureau of 
                Immigration Services and Adjudications, the Bureau of 
                Immigration Enforcement, and the Executive Office for 
                Immigration Review and to implement all provisions of 
                section 13(b).
                    (F) Fraud detection and investigation.
                    (G) The processing and handling of removal 
                proceedings, including expedited removal and 
                applications for relief from removal.
                    (H) Recommendations for conforming amendments to 
                the Immigration and Nationality Act.
                    (I) Establishment of a transition team.
                    (J) Ways to phase in the costs of separating the 
                administrative support systems of the Immigration and 
                Naturalization Service in order to provide for separate 
                administrative support systems for the Bureau of 
                Immigration Services and Adjudications, the Bureau of 
                Immigration Enforcement, and the Executive Office for 
                Immigration Review in instances where separate systems 
                are more efficient or effective.
    (d) Report on Improving Immigration Services.--
            (1) In general.--The Attorney General, not later than 1 
        year after the date of the enactment of this Act, shall submit 
        to the Committees on the Judiciary and Appropriations of the 
        House of Representatives and of the Senate a report containing 
        a plan for how the Director of the Bureau of Immigration 
        Services and Adjudications will complete efficiently, fairly, 
        and within a reasonable time, the adjudications described in 
        subparagraphs (A) through (E) of section 4(b)(1).
            (2) Contents.--For each type of adjudication to be 
        undertaken by the Director of the Bureau of Immigration 
        Services and Adjudications, the report shall include the 
        following:
                    (A) Any potential savings of resources that may be 
                implemented without affecting the quality of the 
                adjudication.
                    (B) The goal for processing time with respect to 
                the application.
                    (C) Any statutory modifications with respect to the 
                adjudication that the Attorney General considers 
                advisable.
            (3) Consultation.--In carrying out paragraph (1), the 
        Attorney General shall consult with the Secretary of State, the 
        Secretary of Labor, the Associate Attorney General for 
        Immigration Affairs, the Director of the Bureau of Immigration 
        Enforcement, and the Director of the Executive Office for 
        Immigration Review to determine how to streamline and improve 
        the process for applying for and making adjudications described 
        in section 4(b)(1) and related processes.
    (e) Report on Improving Enforcement Function.--
            (1) In general.--The Attorney General, not later than 1 
        year after the date of the enactment of this Act, shall submit 
        to the Committees on Appropriations and the Judiciary of the 
        House of Representatives and of the Senate a report with a plan 
        detailing how the Bureau of Immigration Enforcement, after the 
        transfer of functions performed under the programs described in 
        subparagraphs (A) through (E) of section 6(b)(1), will enforce 
        comprehensively, effectively, and fairly all the enforcement 
        provisions of the Immigration and Nationality Act relating to 
        such programs.
            (2) Consultation.--In carrying out paragraph (1), the 
        Attorney General shall consult with the Secretary of State, the 
        Director of the Federal Bureau of Investigation, the Secretary 
        of the Treasury, the Secretary of Labor, the Commissioner of 
        Social Security, the Associate Attorney General for Immigration 
        Affairs, the Director of the Bureau of Immigration Services and 
        Adjudications, the Director of the Executive Office for 
        Immigration Review, and the heads of State and local law 
        enforcement agencies to determine how to most effectively 
        conduct enforcement operations.
    (f) Report on Shared Services.--The Attorney General, not later 
than 3 years after the effective date of the transfer of functions 
under this Act, shall submit to the Committees on the Judiciary and 
Appropriations of the House of Representatives and of the Senate a 
report on whether the Director of Shared Services is properly serving 
the Bureau of Immigration Services and Adjudications, the Bureau of 
Immigration Enforcement, and the Executive Office for Immigration 
Review. The report should address whether it would be more efficient to 
transfer the functions described in paragraphs (1) through (4) of 
section 3(d) to the Director of the Bureau of Immigration Services and 
Adjudications, the Director of the Bureau of Immigration Enforcement, 
and the Director of the Executive Office for Immigration Review, and 
shall include an estimate of the cost of such transfers.
    (g) Comptroller General Studies and Reports.--
            (1) Status reports on transition.--Not later than 18 months 
        after the effective date of the transfer of functions under 
        this Act, and every 6 months thereafter, until full 
        implementation of this Act has been completed, the Comptroller 
        General of the United States shall submit to the Committees on 
        Appropriations and on the Judiciary of the House of 
        Representatives and the Senate a report containing the 
        following:
                    (A) A determination of whether the transfer of 
                functions made by sections 4 and 6 of this Act has been 
completed, and if the transfer of functions has not taken place, 
identifying the reasons why the transfer has not taken place.
                    (B) If the transfer of functions made by sections 4 
                and 6 of this Act has been completed, an identification 
                of any issues that have arisen due to the completed 
                transfer of functions.
                    (C) An identification of any issues that may arise 
                due to the future transfer of functions.
            (2) Report on management.--Not later than 4 years after the 
        effective date of the transfer of the function under this Act, 
        the Comptroller General of the United States shall submit to 
        the Committees on Appropriations and on the Judiciary of the 
        House of Representatives and the Senate a report, following a 
        study, containing the following:
                    (A) Determinations of whether the transfer of 
                functions from the Immigration and Naturalization 
                Service, the Office of Immigration Litigation of the 
                Civil Division, and the Office of Special Counsel for 
                Immigration Related Unfair Employment Practices of the 
                Civil Rights Division to the Bureau of Immigration 
                Services and Adjudications, and the transfer of 
                functions from the Immigration and Naturalization 
                Service, the Office of Immigration Litigation of the 
                Civil Division, and the Office of Special 
                Investigations of the Criminal Division to the Bureau 
                of Immigration Enforcement, under this Act has 
                improved, with respect to each function transferred, 
                the following:
                            (i) Operations.
                            (ii) Management, including accountability 
                        and communication.
                            (iii) Financial administration.
                            (iv) Recordkeeping, including information 
                        management and technology.
                    (B) A statement of the reasons for the 
                determinations under subparagraph (A).
                    (C) Any recommendations for further improvements to 
                the Agency for Immigration Affairs.

SEC. 15. APPLICATION OF INTERNET BASED TECHNOLOGIES.

    (a) Establishment of Tracking System.--The Attorney General, not 
later than 1 year after the date of the enactment of this Act, in 
consultation with the Technology Advisory Committee established under 
subsection (c), shall establish an Internet-based system, that will 
permit a person, employer, immigrant, or nonimmigrant who has filings 
with the Attorney General for any benefit under the Immigration and 
Nationality Act, access to online information about the processing 
status of the filing involved.
    (b) Feasibility Study for On-Line Filing and Improved Processing.--
            (1) On-line filing.--The Attorney General, in consultation 
        with the Technology Advisory Committee established under 
        subsection (c), shall conduct a feasibility study on the on-
        line filing of the filings described in subsection (a). The 
        study shall include a review of computerization and technology 
        of the Immigration and Naturalization Service relating to the 
        immigration services and processing of filings related to 
        immigrant services. The study shall also include an estimate of 
        the timeframe and cost and shall consider other factors in 
        implementing such a filing system, including the feasibility of 
        fee payment on-line.
            (2) Report.--A report on the study under this subsection 
        shall be submitted to the Committees on the Judiciary of the 
        House of Representatives and the Senate not later than 1 year 
        after the date of the enactment of this Act.
    (c) Technology Advisory Committee.--
            (1) Establishment.--The Attorney General shall establish, 
        not later than 60 days after the date of the enactment of this 
        Act an advisory committee (in this section referred to as the 
        ``Technology Advisory Committee'') to assist the Attorney 
        General in--
                    (A) establishing the tracking system under 
                subsection (a); and
                    (B) conducting the study under subsection (b).
        The Technology Advisory Committee shall be established after 
        consultation with the Committees on the Judiciary of the House 
        of Representatives and the Senate.
            (2) Composition.--The Technology Advisory Committee shall 
        be composed of representatives from high technology companies 
        capable of establishing and implementing the system in an 
        expeditious manner, and representatives of persons who may use 
        the tracking system described in subsection (a) and the on-line 
        filing system described in subsection (b)(1).

SEC. 16. DEFINITIONS.

    For purposes of this Act:
            (1) The term ``function'' includes any duty, obligation, 
        power, authority, responsibility, right, privilege, activity, 
        or program.
            (2) The term ``office'' includes any office, 
        administration, agency, bureau, institute, council, unit, 
        organizational entity, or component thereof.

SEC. 17. EFFECTIVE DATE; TRANSITION.

    (a) In General.--The abolishment of the Immigration and 
Naturalization Service, the establishment of the Agency for Immigration 
Affairs, and the transfers of functions specified under this Act shall 
take effect on the date that is 1 year after the date of the enactment 
of this Act. The Associate Attorney General for Immigration Affairs, 
the Director of the Bureau of Immigration Services and Adjudications, 
and the Director of the Bureau of Immigration Enforcement shall be 
appointed not later than such effective date. To the extent that 
functions to be transferred to such persons under this Act continue to 
be performed by the Immigration and Naturalization Service, the Office 
of Immigration Litigation of the Civil Division, the Office of Special 
Counsel for Immigration Related Unfair Employment Practices of the 
Civil Rights Division, and the Office of Special Investigations of the 
Criminal Division during fiscal year 2002, the Attorney General shall 
provide for an appropriate accounting of funds and an appropriate 
transfer of funds appropriated to such entities to the appropriate 
component of the Agency for Immigration Affairs.
    (b) Transition Period for Certain Bureau Functions.--
Notwithstanding subsection (a), during the 18-month period after the 
transfer of functions under this Act takes effect, the Associate 
Attorney General for Immigration Affairs is authorized to perform the 
functions described in subsections (c), (d), and (g) of each of 
sections 4 and 6 for both the Bureau of Immigration Services and 
Adjudications and the Bureau of Immigration Enforcement.

SEC. 18. CONFORMING AMENDMENT.

    Section 5315 of title 5, United States Code, is amended by striking 
the following:
            ``Commissioner of Immigration and Naturalization, 
        Department of Justice.''.
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