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






                                                 Union Calendar No. 246
107th CONGRESS
  2d Session
                                H. R. 3231

                          [Report No. 107-413]

 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

                             April 19, 2002

 Additional sponsors: Mr. Goodlatte, Mr. Smith of Texas, Mr. Green of 
  Wisconsin, Mr. Gallegly, Mr. Jenkins, Mr. Hostettler, Mr. Lewis of 
California, Mrs. Roukema, Mr. Rogers of Kentucky, Mr. Deal of Georgia, 
  Mr. Reyes, Mr. Issa, Mr. Foley, Mr. Bachus, Mr. Frelinghuysen, Mr. 
 Linder, Mr. Bonilla, Mr. Callahan, Mr. Lewis of Kentucky, Mr. Sununu, 
   Mr. Pence, Mr. Calvert, Mr. Gillmor, Mr. Wicker, Mr. Peterson of 
   Minnesota, Mr. Shimkus, Mr. Skeen, Mr. Flake, Mr. Wilson of South 
 Carolina, Mr. Young of Alaska, Mr. Barr of Georgia, Mr. McIntyre, Mr. 
 Castle, Mr. Combest, Mr. Gibbons, Mr. Kennedy of Minnesota, Ms. Pryce 
of Ohio, Mr. Keller, Mr. Sam Johnson of Texas, Mr. Green of Texas, Mr. 
Weller, Mr. Udall of Colorado, Mr. Cooksey, Mr. Ryan of Wisconsin, and 
                               Mr. Frank

                             April 19, 2002

Reported with amendments, committed to the Committee of the Whole House 
          on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
    [For text of introduced bill, see copy of bill as introduced on 
                           November 6, 2001]

_______________________________________________________________________

                                 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Barbara Jordan 
Immigration Reform and Accountability Act of 2002''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Abolishment of Immigration and Naturalization Service; 
                            establishment of Office of Associate 
                            Attorney General for Immigration Affairs.
Sec. 3. Positions within Office of Associate Attorney General for 
                            Immigration Affairs.
Sec. 4. Establishment of Bureau of Citizenship and Immigration 
                            Services.
Sec. 5. Office of the Ombudsman.
Sec. 6. Establishment of Bureau of Immigration Enforcement.
Sec. 7. Office of Immigration Statistics within Bureau of Justice 
                            Statistics.
Sec. 8. Exercise of authorities.
Sec. 9. Savings provisions.
Sec. 10. Transfer and allocation of appropriations and personnel.
Sec. 11. Authorization of appropriations; prohibition on transfer of 
                            fees; leasing or acquisition of property; 
                            sense of Congress.
Sec. 12. Reports and implementation plans.
Sec. 13. Application of Internet-based technologies.
Sec. 14. Definitions.
Sec. 15. Effective date; transition.
Sec. 16. Conforming amendment.

SEC. 2. ABOLISHMENT OF IMMIGRATION AND NATURALIZATION SERVICE; 
              ESTABLISHMENT OF OFFICE OF ASSOCIATE ATTORNEY GENERAL FOR 
              IMMIGRATION AFFAIRS.

    (a) Abolishment of INS.--The Immigration and Naturalization Service 
of the Department of Justice is abolished.
    (b) Establishment of 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.--The head of the Office 
        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; and
                    (B) shall have a minimum of 5 years of experience 
                in managing a large and complex organization.
            (3) Compensation at level iii of executive schedule.--
        Section 5314 of title 5, United States Code, is amended by 
        adding at the end the following:
            ``Associate Attorney General for Immigration Affairs.''.
    (c) Functions.--The Associate Attorney General for Immigration 
Affairs shall be responsible for--
            (1) overseeing the work of, and supervising, the Director 
        of the Bureau of Citizenship and Immigration Services and the 
        Director of the Bureau of Immigration Enforcement;
            (2) coordinating the administration of national immigration 
        policy, including coordinating the operations of the Bureau of 
        Citizenship and Immigration Services and the Bureau of 
        Immigration Enforcement, and reconciling conflicting policies 
        of such bureaus; and
            (3) allocating and coordinating resources involved in 
        supporting shared support functions for the Bureau of 
        Citizenship and Immigration Services and the Bureau of 
        Immigration Enforcement, through the Office of Shared Services 
        established by section 3.

SEC. 3. POSITIONS WITHIN OFFICE OF ASSOCIATE ATTORNEY GENERAL FOR 
              IMMIGRATION AFFAIRS.

    (a) Policy Advisor.--
            (1) In general.--There shall be a position of Policy 
        Advisor for the Associate Attorney General for Immigration 
        Affairs.
            (2) Functions.--The Policy Advisor shall be responsible 
        for--
                    (A) providing advice to the Associate Attorney 
                General for Immigration Affairs on all matters relating 
                to immigration and naturalization policy; and
                    (B) coordinating and reconciling the resolution of 
                policy issues by the Bureau of Citizenship and 
                Immigration Services and the Bureau of Immigration 
                Enforcement.
    (b) General Counsel.--
            (1) In general.--There shall be a position of General 
        Counsel to the Associate Attorney General for Immigration 
        Affairs.
            (2) Functions.--The General Counsel shall serve as the 
        principal legal advisor to the Associate Attorney General for 
        Immigration Affairs. The General Counsel shall be responsible 
        for--
                    (A) providing specialized legal advice, opinions, 
                determinations, regulations, and any other assistance 
                to the Associate Attorney General for Immigration 
                Affairs with respect to legal matters affecting the 
                Office of the Associate Attorney General for 
                Immigration Affairs, the Bureau of Citizenship and 
                Immigration Services, or the Bureau of Immigration 
                Enforcement;
                    (B) representing the Bureau of Citizenship and 
                Immigration Services in visa petition appeal 
                proceedings before the Executive Office for Immigration 
                Review and in other legal or administrative proceedings 
                involving immigration services issues; and
                    (C) representing the Bureau of Immigration 
                Enforcement in all exclusion, deportation, or removal 
                proceedings before the Executive Office for Immigration 
                Review, including in proceedings to adjudicate relief 
                from exclusion, deportation, or removal, and in other 
                legal or administrative proceedings involving 
                immigration enforcement issues.
            (3) Limitation.--Paragraph (2) shall not apply to the 
        functions transferred under subsection (h) to the extent that 
        the Associate Attorney General for Immigration Affairs does not 
        delegate such functions to the General Counsel.
    (c) Chief Financial Officer.--
            (1) In general.--There shall be a position of Chief 
        Financial Officer for the Associate Attorney General for 
        Immigration Affairs.
            (2) Functions.--The Chief Financial Officer shall be 
        responsible for--
                    (A) financial management of the Office of the 
                Associate Attorney General for Immigration Affairs, the 
                Bureau of Citizenship and Immigration Services, and the 
                Bureau of Immigration Enforcement 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 and bureaus;
                    (B) collecting all payments, fines, and other debts 
                for the Bureau of Citizenship and Immigration Services 
                and the Bureau of Immigration Enforcement; and
                    (C) coordinating all budget and other financial 
                management issues with the Bureau of Citizenship and 
                Immigration Services and the Bureau of Immigration 
                Enforcement.
    (d) Director of Shared Services.--
            (1) In general.--There shall be a position of Director of 
        the Office of Shared Services for the Associate Attorney 
        General for Immigration Affairs.
            (2) Functions.--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 Citizenship and Immigration 
        Services and the Bureau of Immigration Enforcement, including--
                    (A) facilities management;
                    (B) information resources management, including 
                computer databases and information technology;
                    (C) records and file management; and
                    (D) forms management.
    (e) Office of the Ombudsman.--
            (1) Establishment.--
                    (A) 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 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 Office of the 
        Associate Attorney General 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 Director of the 
        Office of Professional Responsibility and Quality Review. The 
        Director 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 Office of the Associate 
                Attorney General for Immigration Affairs, the Bureau of 
                Citizenship and Immigration Services, or the Bureau of 
                Immigration Enforcement that are not subject to 
                investigation by the Department of Justice Office of 
                the Inspector General;
                    (B) inspecting the operations of the Office of the 
                Associate Attorney General for Immigration Affairs, the 
                Bureau of Citizenship and Immigration Services, and the 
                Bureau of Immigration Enforcement and providing 
                assessments of the quality of the operations of such 
                office and bureaus as a whole and each of their 
                components; and
                    (C) providing an analysis of the management of the 
                Office of the Associate Attorney General for 
                Immigration Affairs, the Bureau of Citizenship and 
                Immigration Services, and the Bureau of Immigration 
                Enforcement.
            (2) Special considerations.--In providing assessments in 
        accordance with paragraph (1)(B) with respect to a decision of 
        the Office of the Associate Attorney General for Immigration 
        Affairs, the Bureau of Citizenship and Immigration Services, or 
        the Bureau of Immigration Enforcement, or any of their 
        components, consideration shall be given to--
                    (A) the accuracy of the findings 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) Office of Children's Affairs.--
            (1) In general.--There is established within the Office of 
        the Associate Attorney General for Immigration Affairs an 
        office to be known as the ``Office of Children's Affairs''. The 
        head of the Office of Children's Affairs shall be the Director 
        of the Office of Children's Affairs.
            (2) Functions.--
                    (A) In general.--The Director of the Office of 
                Children's Affairs shall be responsible for--
                            (i) coordinating and implementing law and 
                        policy for unaccompanied alien children who 
                        come into the custody of the Department of 
                        Justice;
                            (ii) ensuring that the interests of the 
                        child are considered in decisions and actions 
                        relating to the care and custody of an 
                        unaccompanied alien child;
                            (iii) making placement determinations for 
                        all unaccompanied alien children apprehended by 
                        the Attorney General or who otherwise come into 
                        the custody of the Department of Justice;
                            (iv) implementing the placement 
                        determinations made by the Office;
                            (v) implementing policies with respect to 
                        the care and placement of unaccompanied alien 
                        children;
                            (vi) identifying a sufficient number of 
                        qualified individuals, entities, and facilities 
                        to house unaccompanied alien children;
                            (vii) overseeing the infrastructure and 
                        personnel of facilities in which unaccompanied 
                        alien children reside;
                            (viii) reuniting unaccompanied alien 
                        children with a parent abroad in appropriate 
                        cases;
                            (ix) compiling, updating, and publishing at 
                        least annually a state-by-state list of 
                        professionals or other entities qualified to 
                        provide guardian and attorney representation 
                        services for unaccompanied alien children;
                            (x) maintaining statistical information and 
                        other data on unaccompanied alien children in 
                        the Office's custody and care, which shall 
                        include--
                                    (I) biographical information, such 
                                as a child's name, gender, date of 
                                birth, country of birth, and country of 
                                habitual residence;
                                    (II) the date on which the child 
                                came into the custody of the Department 
                                of Justice;
                                    (III) information relating to the 
                                child's placement, removal, or release 
                                from each facility in which the child 
                                has resided;
                                    (IV) in any case in which the child 
                                is placed in detention or released, an 
                                explanation relating to the detention 
                                or release; and
                                    (V) the disposition of any actions 
                                in which the child is the subject;
                            (xi) collecting and compiling statistical 
                        information from the Office of the Associate 
                        Attorney General, Bureau of Citizenship and 
                        Immigration Services, and Bureau of Enforcement 
                        (including Border Patrol and inspections 
                        officers), on the unaccompanied alien children 
                        with whom they come into contact; and
                            (xii) conducting investigations and 
                        inspections of facilities and other entities in 
                        which unaccompanied alien children reside.
                    (B) Coordination with other entities; no release on 
                own recognizance.--In making determinations described 
                in subparagraph (A)(iii), the Director of the Office of 
                Children's Affairs--
                            (i) shall consult with appropriate juvenile 
                        justice professionals, the Director of the 
                        Bureau of Citizenship and Immigration Services, 
                        and the Director of the Bureau of Immigration 
                        Enforcement to ensure that such determinations 
                        ensure that unaccompanied alien children 
                        described in such subparagraph--
                                    (I) are likely to appear for all 
                                hearings or proceedings in which they 
                                are involved;
                                    (II) are protected from smugglers, 
                                traffickers, or others who might seek 
                                to victimize or otherwise engage them 
                                in criminal, harmful, or exploitive 
                                activity; and
                                    (III) are placed in a setting in 
                                which they not likely to pose a danger 
                                to themselves or others; and
                            (ii) shall not release such children upon 
                        their own recognizance.
                    (C) Transfer of functions.--There are transferred 
                to the Director of the Office of Children's Affairs 
                functions with respect to the care of unaccompanied 
                alien children under the immigration laws of the United 
                States vested by statute in, or performed by, the 
                Commissioner of the Immigration and Naturalization 
                Service (or any officer, employee, or component 
                thereof), immediately before the effective date 
                specified in section 15(a).
                    (D) Duties with respect to foster care.--In 
                carrying out the duties described in subparagraph 
                (A)(vii), the Director of the Office of Children's 
                Affairs shall assess the extent to which it is cost-
                effective to use the refugee children foster care 
                system for the placement of unaccompanied alien 
                children.
            (3) Rule of construction.--Nothing in this subsection may 
        be construed to transfer the responsibility for adjudicating 
        benefit determinations under the Immigration and Nationality 
        Act (8 U.S.C. 1101 et seq.) from the authority of any official 
        of the Office of the Associate Attorney General for Immigration 
        Affairs, the Bureau of Citizenship and Immigration Services, 
        the Bureau of Immigration Enforcement, the Executive Office of 
        Immigration Review, or the Department of State.
            (4) Definition.--As used in this subsection--
                    (A) the term ``placement'' means the placement of 
                an unaccompanied alien child in either a detention 
                facility or an alternative to such a facility; and
                    (B) the term ``unaccompanied alien child'' means a 
                child who--
                            (i) has no lawful immigration status in the 
                        United States;
                            (ii) has not attained 18 years of age; and
                            (iii) with respect to whom--
                                    (I) there is no parent or legal 
                                guardian in the United States; or
                                    (II) no parent or legal guardian in 
                                the United States is available to 
                                provide care and physical custody.
    (h) Transfer of Functions of Office of Immigration Litigation.--
There are transferred from the Assistant Attorney General, Civil 
Division, to the Associate Attorney General for Immigration Affairs all 
functions performed by the Office of Immigration Litigation, and all 
personnel, infrastructure, and funding provided to the Assistant 
Attorney General, Civil Division, in support of such functions, 
immediately before the effective date specified in section 15(a). The 
Associate Attorney General for Immigration Affairs may, in the 
Associate Attorney General's discretion, charge the General Counsel to 
the Associate Attorney General for Immigration Affairs with such 
functions.
    (i) 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, on any employee of the Office 
of the Associate Attorney General for Immigration Affairs, the Bureau 
of Citizenship and Immigration Services, or the Bureau of Immigration 
Enforcement who willfully deceives the Congress or agency leadership on 
any matter.
    (j) References.--With respect to any function transferred by this 
section or Act to, and exercised on or after the effective date 
specified in section 15(a) by, the Associate Attorney General for 
Immigration Affairs or any other official whose functions are described 
in this section, 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 
        Associate Attorney General for Immigration Affairs; or
            (2) to such component is deemed to refer to the Office of 
        the Associate Attorney for Immigration Affairs.

SEC. 4. ESTABLISHMENT OF BUREAU OF CITIZENSHIP AND 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 Citizenship and 
        Immigration Services''.
            (2) Director.--The head of the Bureau of Citizenship and 
        Immigration Services shall be the Director of the Bureau of 
        Citizenship and Immigration Services, 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 Citizenship 
        and Immigration Services--
                    (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 Citizenship and Immigration 
                Services that may affect the Bureau of Immigration 
                Enforcement, 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.
            (4) Student visa programs.--The Director of the Bureau of 
        Citizenship and Immigration Services shall designate an 
        official to be responsible for administering student visa 
        programs and the Student and Exchange Visitor Information 
        System established under section 641 of the Illegal Immigration 
        Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
        1372), and successor programs and systems, until September 30, 
        2004. The Director may continue such policy after September 30, 
        2004, at the Director's discretion. The Director shall provide 
        any information collected by the Student and Exchange Visitor 
        Information System to the Director of the Bureau of Immigration 
        Enforcement that is necessary for the performance of the 
        functions of the Bureau of Immigration Enforcement.
    (b) Transfer of Functions From Commissioner.--There are transferred 
from the Commissioner of the Immigration and Naturalization Service to 
the Director of the Bureau of Citizenship and Immigration Services the 
following functions, and all personnel, infrastructure, and funding 
provided to the Commissioner in support of such functions immediately 
before the effective date specified in section 15(a):
            (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 performed by the Immigration 
        and Naturalization Service immediately before the effective 
        date specified in section 15(a).
    (c) Office of Policy and Strategy.--There is established in the 
Bureau of Citizenship and Immigration Services 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 Citizenship and Immigration Services 
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; and
            (3) coordinating immigration policy issues with the Chief 
        of 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 
        Associate Attorney General for Immigration Affairs, as 
        appropriate.
    (d) Legal Advisor.--There may be a position of Legal Advisor for 
the Bureau of Citizenship and Immigration Services.
    (e) Chief Budget Officer for Bureau of Citizenship and Immigration 
Services.--There shall be a position of Chief Budget Officer for the 
Bureau of Citizenship and Immigration Services. The Chief Budget 
Officer shall be responsible for formulating and executing the budget 
of the Bureau of Citizenship and Immigration Services. The Chief Budget 
Officer shall report to the Director of the Bureau of Citizenship and 
Immigration Services and shall provide information to, and coordinate 
resolution of relevant issues with, the Chief Financial Officer for the 
Associate Attorney General for Immigration Affairs.
    (f) Office of Congressional, Intergovernmental, and Public 
Affairs.--There is established in the Bureau of Citizenship and 
Immigration Services 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.
    (g) Office of Citizenship.--There is established in the Bureau of 
Citizenship and Immigration Services an office to be known as the 
``Office of Citizenship''. The head of such office shall be the Chief 
of the Office of Citizenship. The Chief shall be responsible for 
promoting instruction and training on citizenship responsibilities for 
aliens interested in becoming naturalized citizens of the United 
States, including the development of educational materials.
    (h) Sectors.--Headed by sector directors, and located in 
appropriate geographic locations, sectors of the Bureau of Citizenship 
and Immigration Services shall be responsible for directing all aspects 
of the operations of the Bureau of Citizenship and Immigration Services 
within their assigned geographic areas of activity. Sector directors 
shall provide general guidance and supervision to the field offices of 
the Bureau of Citizenship and Immigration Services within their 
sectors.
    (i) Field Offices.--Headed by field directors, who may be assisted 
by deputy field directors, field offices of the Bureau of Citizenship 
and Immigration Services shall be responsible for assisting the 
Director of the Bureau of Citizenship and Immigration Services 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 Citizenship and Immigration Services. All 
field directors shall remain accountable to, and receive their 
authority from, the Director of the Bureau of Citizenship and 
Immigration Services, in order to ensure consistent application and 
implementation of policies nationwide.
    (j) Service Centers.--Headed by service center directors, service 
centers of the Bureau of Citizenship and Immigration Services shall be 
responsible for assisting the Director of the Bureau of Citizenship and 
Immigration Services 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 Citizenship and Immigration Services, 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 Citizenship and Immigration Services 
may, in the Director's discretion, transfer or remove any sector 
director, field director, or service center director.
    (l) Mission.--It shall be the mission of the field offices and 
service centers of the Bureau of Citizenship and Immigration Services 
to directly and consistently follow all instructions and guidelines of 
the Director of the Bureau of Citizenship and Immigration Services and 
the Associate Attorney General for Immigration Affairs in order to 
ensure the development of a cohesive and consistent national 
immigration policy.
    (m) References.--With respect to any function transferred by this 
section or Act to, and exercised on or after the effective date 
specified in section 15(a) by, the Director of the Bureau of 
Citizenship and Immigration Services, 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 Citizenship and Immigration Services; 
        or
            (2) to such component is deemed to refer to the Bureau of 
        Citizenship and Immigration Services.

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 Citizenship and Immigration 
        Services;
            (2) to identify areas in which individuals and employers 
        have problems in dealing with the Bureau of Citizenship and 
        Immigration Services;
            (3) to the extent possible, to propose changes in the 
        administrative practices of the Bureau of Citizenship and 
        Immigration Services to mitigate problems identified under 
        paragraph (2); and
            (4) to identify potential legislative changes that 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 United States 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 Citizenship and 
                Immigration Services;
                    (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 shall identify any official of the 
                Bureau of Citizenship and Immigration Services 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, including problems created by excessive backlogs in the 
adjudication and processing of immigration benefit petitions and 
applications; 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 Attorney General, Associate 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 
        officers and employees of the Bureau of Citizenship and 
        Immigration Services 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 
        Citizenship and Immigration Services to identify serious 
        service problems and to present recommendations for such 
        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.
            (2) Consultation.--The Ombudsman may consult with the 
        appropriate supervisory personnel of the Bureau of Citizenship 
        and Immigration Services in carrying out the Ombudsman's 
        responsibilities under this subsection.
    (e) Responsibilities of Bureau of Citizenship and Immigration 
Services.--The Director of the Bureau of Citizenship and Immigration 
Services 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 the delegate 
                thereof;
                    (B) may consult with the appropriate supervisory 
                personnel of the Bureau of Citizenship and Immigration 
                Services 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 Office of 
                the Associate Attorney General 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 Citizenship 
                and Immigration Services 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 Citizenship and Immigration Services, or any 
        component of the Bureau of Citizenship and Immigration 
        Services.

SEC. 6. 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''.
            (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 Citizenship and Immigration 
                Services, including potentially conflicting policies or 
                operations.
    (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 specified in 
section 15(a):
            (1) The Border Patrol program.
            (2) The detention and removal program.
            (3) The intelligence program.
            (4) The investigations program.
            (5) The inspections program.
    (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; and
            (3) coordinating immigration policy issues with the Chief 
        of the Office of Policy and Strategy for the Bureau of 
        Citizenship and Immigration Services and the Associate Attorney 
        General for Immigration Affairs through the Policy Advisor for 
        the Associate Attorney General for Immigration Affairs, as 
        appropriate.
    (d) Legal Advisor.--There may be a position of Legal Advisor for 
the Bureau of Immigration Enforcement.
    (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 Associate Attorney General for 
Immigration Affairs.
    (f) 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.
    (g) 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 
operations of the Bureau of Immigration Enforcement 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.
    (h) Field Offices.--Headed by field directors, who may be assisted 
by deputy field directors, field offices of the Bureau of Immigration 
Enforcement 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 of 
the Bureau of Immigration Enforcement situated in at least every 
location where there is situated a field office of the Bureau of 
Citizenship and Immigration Services.
    (i) Border Patrol Sectors.--Headed by chief patrol agents, who may 
be assisted by deputy chief patrol agents, border patrol sectors of the 
Bureau of Immigration Enforcement shall be responsible for the 
enforcement of the Immigration and Nationality Act (8 U.S.C. 1101 et 
seq.) 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.
    (j) 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 sector director, field 
director, or chief patrol officer.
    (k) References.--With respect to any function transferred by this 
section or Act to, and exercised on or after the effective date 
specified in section 15(a) 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. OFFICE OF IMMIGRATION STATISTICS WITHIN BUREAU OF JUSTICE 
              STATISTICS.

    (a) In General.--Part C of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3731 et seq.) is amended by adding 
at the end the following:

                   ``office of immigration statistics

    ``Sec. 305. (a) There is established within the Bureau of Justice 
Statistics of the Department of Justice an Office of Immigration 
Statistics (in this section referred to as the `Office'), which shall 
be headed by a Director who shall be appointed by the Attorney General 
and who shall report to the Director of Justice Statistics.
    ``(b) The Director of the Office shall be responsible for the 
following:
            ``(1) Maintenance of all immigration statistical 
        information of the Office of the Associate Attorney General for 
        Immigration Affairs, the Bureau of Citizenship and Immigration 
        Services, the Bureau of Immigration Enforcement, and the 
        Executive Office for Immigration Review. Such statistical 
        information shall include information and statistics of the 
        type contained in the publication entitled `Statistical 
        Yearbook of the Immigration and Naturalization Service' 
        prepared by the Immigration and Naturalization Service (as in 
        effect on the day prior to the effective date specified in 
        section 15(a) of the Barbara Jordan Immigration Reform and 
        Accountability Act of 2002).
            ``(2) Establishment of standards of reliability and 
        validity for immigration statistics collected by the Office of 
        the Associate Attorney General for Immigration Affairs, the 
        Bureau of Citizenship and Immigration Services, the Bureau of 
        Immigration Enforcement, and the Executive Office for 
        Immigration Review.
    ``(c) The Office of the Associate Attorney General for Immigration 
Affairs, the Bureau of Citizenship and Immigration Services, the Bureau 
of Immigration Enforcement, and the Executive Office for Immigration 
Review shall provide statistical information to the Office of 
Immigration Statistics from the operational data systems controlled by 
the Office of the Associate Attorney General for Immigration Affairs, 
the Bureau of Citizenship and Immigration Services, the Bureau of 
Immigration Enforcement, and the Executive Office for Immigration 
Review, respectively, for the purpose of meeting the responsibilities 
of the Director.''.
    (b) Transfer of Functions.--There are transferred to the Office of 
Immigration Statistics established under section 305 of the Omnibus 
Crime Control and Safe Streets Act of 1968, as added by subsection (a), 
the functions performed by the Statistics Branch of the Office of 
Policy and Planning of the Immigration and Naturalization Service on 
the day before the effective date specified in section 15(a).
    (c) Conforming Amendments.--Section 302(c) of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3732(c)) is amended--
            (1) by striking ``and'' at the end of paragraph (22);
            (2) by striking the period at the end of paragraph (23) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(24) collect, maintain, compile, analyze, publish, and 
        disseminate information and statistics about immigration in the 
        United States, including information and statistics involving 
        the functions of the Office of the Associate Attorney General 
        for Immigration Affairs, the Bureau of Citizenship and 
        Immigration Services, the Bureau of Immigration Enforcement, 
        and the Executive Office for Immigration Review.''.

SEC. 8. EXERCISE OF AUTHORITIES.

    (a) In General.--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 
specified in section 15(a).
    (b) Preservation of Attorney General's Authority.--
            (1) In general.--Any function for which this Act vests 
        responsibility in an official other than the Attorney General, 
        or which is transferred by this Act to such an official, may, 
        notwithstanding any provision of this Act, be performed by the 
        Attorney General, or the Attorney General's delegate, in lieu 
        of such official.
            (2) References.--In a case in which the Attorney General 
        performs a function described in paragraph (1), any reference 
        in any other Federal law, Executive order, rule, regulation, 
        document, or delegation of authority to the official otherwise 
        responsible for the function is deemed to refer to the Attorney 
        General.
    (c) 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 (22 U.S.C. 2651 note), the Immigration and Nationality Act 
(8 U.S.C. 1101 et seq.), or any other Act, to investigate illegal 
passport or visa issuance or use.

SEC. 9. 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 15(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 15(a), and in all such suits, 
proceedings shall be had, appeals taken, and judgments rendered in the 
same manner and with the same effect as if this Act had not been 
enacted.
    (d) Nonabatement of Actions.--No suit, action, or other proceeding 
commenced by or against the Department of Justice or the Immigration 
and Naturalization Service, or by or against any individual in the 
official capacity of such individual as an officer or employee in 
connection with a function transferred by this Act, shall abate by 
reason of the enactment of this Act.
    (e) Continuance of Suits.--If any Government officer in the 
official capacity of such officer is party to a suit with respect to a 
function of the officer, and under this Act (or an amendment made by 
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 this 
Act.

SEC. 10. 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 Citizenship and Immigration Services 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 or the Office of Immigration Litigation of the 
Civil 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 Associate Attorney General for 
Immigration Affairs for allocation to the appropriate component or 
bureau. 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 effective date specified 
in section 15(a).
    (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 
Citizenship and Immigration Services, 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 Office of the Associate Attorney General 
for Immigration Affairs, the Bureau of Citizenship and Immigration 
Services, 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 databases of the Office of the Associate 
Attorney General for Immigration Affairs and those of the Bureau of 
Citizenship and Immigration Services 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 the 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 Bureau of Citizenship and Immigration Services, 
        the Bureau of Immigration Enforcement, or the Executive Office 
        for Immigration Review.

SEC. 11. AUTHORIZATION OF APPROPRIATIONS; PROHIBITION ON TRANSFER OF 
              FEES; LEASING OR ACQUISITION OF PROPERTY; 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 Office of the Associate Attorney General for Immigration 
        Affairs, the Bureau of Citizenship and Immigration Services, 
        and the Bureau of Immigration Enforcement and their components, 
        and the transfers of functions required to be made under this 
        Act (and the amendments made by 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 (or 
        any such amendment).
            (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 specified in section 15(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 
        Citizenship and Immigration Services and the Bureau of 
        Immigration Enforcement.
            (2) Separate budgets.--To ensure that the Bureau of 
        Citizenship and Immigration Services and the Bureau of 
        Immigration Enforcement 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 
        between the Bureau of Citizenship and Immigration Services and 
        the Bureau of Immigration Enforcement for purposes not 
        authorized by section 286 of the Immigration and Nationality 
        Act (8 U.S.C. 1356).
            (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.''.
            (6) Authorization of appropriations for refugee and asylum 
        adjudications.--There are authorized to be appropriated such 
        sums as may be necessary to carry out the provisions of 
        sections 207 through 209 of the Immigration and Nationality 
Act (8 U.S.C. 1157-1159). All funds appropriated under this paragraph 
shall be deposited into the Immigration Examinations Fee Account 
established under section 286(m) of the Immigration and Nationality Act 
(8 U.S.C. 1356(m)) and shall remain available until expended.
    (c) Leasing or Acquisition of Property.--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 (8 U.S.C. 1101 et seq.), such amounts 
as may be necessary for the leasing or acquisition of property in the 
fulfillment of establishing the Office of the Associate Attorney 
General for Immigration Affairs, the Bureau of Citizenship and 
Immigration Services, and the Bureau of Immigration Enforcement under 
this Act.
    (d) Sense of Congress.--It is the sense of the Congress that--
            (1) the missions of the Office of the Associate Attorney 
        General for Immigration Affairs, the Bureau of Citizenship and 
        Immigration Services, and the Bureau of Immigration Enforcement 
        are equally important and, accordingly, they each should be 
        adequately funded; and
            (2) the functions of the Associate Attorney General for 
        Immigration Affairs described in section 3, the immigration 
        adjudication and service functions referred to in section 4, 
        and the immigration enforcement functions referred to in 
        section 6 should not operate at levels below that in existence 
        prior to the enactment of this Act.
    (e) Elimination of Limitation on Expenditures for Backlog 
Reduction.--Section 204(b) of the Immigration Services and 
Infrastructure Improvements Act of 2000 (8 U.S.C. 1573(b)) is amended 
by striking paragraph (4).

SEC. 12. 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 United States 
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 Office of the Associate Attorney 
General for Immigration Affairs, the Bureau of Citizenship and 
Immigration Services, and the Bureau of Immigration Enforcement.
    (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 United States 
House of Representatives and of the Senate a report on the proposed 
division of personnel among the Office of the Associate Attorney 
General for Immigration Affairs, the Bureau of Citizenship and 
Immigration Services, and the Bureau of Immigration Enforcement.
    (c) Implementation Plan.--
            (1) In general.--The Attorney General, not later than 120 
        days after the date of the enactment of this Act, and every 6 
        months thereafter until the termination of fiscal year 2005, 
        shall submit to the Committees on Appropriations and the 
        Judiciary of the United States 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 Office of the 
        Associate Attorney General for Immigration Affairs, the Bureau 
        of Citizenship and Immigration Services, and the Bureau of 
        Immigration Enforcement, including the following:
                    (A) Organizational structure, including the field 
                structure.
                    (B) Chain of command.
                    (C) Procedures for interaction among such office 
                and bureaus.
                    (D) Procedures for the Director of Shared Services 
                to perform all shared support functions, including 
                authorizing the Director of the Bureau of Citizenship 
                and Immigration Services and the Director of the Bureau 
                of Immigration Enforcement to approve training 
                curricula and to acquire such supplies and equipment as 
                may be necessary to perform the daily operations of 
                that director's bureau.
                    (E) Procedures to establish separate accounts and 
                financial management systems for the Bureau of 
                Citizenship and Immigration Services and the Bureau of 
                Immigration Enforcement, and to implement all 
                provisions of section 11(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 (8 U.S.C. 1101 et 
                seq.).
                    (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 
                Citizenship and Immigration Services and the Bureau of 
                Immigration Enforcement 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 
        United States House of Representatives and of the Senate a 
        report containing a plan for how the Director of the Bureau of 
        Citizenship and Immigration Services will complete efficiently, 
        fairly, and within a reasonable time, the adjudications 
        described in paragraphs (1) through (5) of section 4(b).
            (2) Contents.--For each type of adjudication to be 
        undertaken by the Director of the Bureau of Citizenship and 
        Immigration Services, 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) 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 
        United States 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 paragraphs (1) through (5) of section 
6(b), will enforce comprehensively, effectively, and fairly all the 
enforcement provisions of the Immigration and Nationality Act (8 U.S.C. 
1101 et seq.) 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 Citizenship and 
        Immigration Services, 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 specified in section 15(a), shall 
submit to the Committees on the Judiciary and Appropriations of the 
United States House of Representatives and of the Senate a report on 
whether the Director of Shared Services is properly serving the Bureau 
of Citizenship and Immigration Services and the Bureau of Immigration 
Enforcement. The report should address whether it would be more 
efficient to transfer one or more of the functions described in section 
3 to the Director of the Bureau of Citizenship and Immigration Services 
or the Director of the Bureau of Immigration Enforcement, and shall 
include an estimate of the cost of any such transfer that the Attorney 
General recommends. The report should also address whether it would be 
more efficient to transfer one or more of the functions described in 
sections 4 and 6 to the Office of the Associate Attorney General for 
Immigration Affairs, and shall include an estimate of the cost of any 
such transfer that the Attorney General recommends.
    (g) Comptroller General Studies and Reports.--
            (1) Status reports on transition.--Not later than 18 months 
        after the effective date specified in section 15(a), 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 United States House of Representatives and the 
        Senate a report containing the following:
                    (A) A determination of whether the transfers of 
                functions made by sections 4 and 6 have been completed, 
                and if a transfer of functions has not taken place, 
                identifying the reasons why the transfer has not taken 
                place.
                    (B) If the transfers of functions made by sections 
                4 and 6 have been completed, an identification of any 
                issues that have arisen due to the completed transfers.
                    (C) An identification of any issues that may arise 
                due to any future transfer of functions.
            (2) Report on management.--Not later than 4 years after the 
        effective date specified in section 15(a), the Comptroller 
        General of the United States shall submit to the Committees on 
        Appropriations and on the Judiciary of the United States 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 to the Bureau of Citizenship and Immigration 
                Services and the Bureau of Immigration Enforcement, and 
                the transfer of functions from the Immigration and 
                Naturalization Service and the Office of Immigration 
                Litigation of the Civil Division to the Office of the 
                Associate Attorney General for Immigration Affairs, 
                under this Act have 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 Office of the Associate Attorney General for 
                Immigration Affairs, the Bureau of Citizenship and 
                Immigration Services, and the Bureau of Immigration 
                Enforcement.
    (h) Report on Interior Checkpoints.--Not later than 6 months after 
the date of the enactment of this Act, the Attorney General shall 
submit to the Congress a report on whether all permanent interior 
checkpoints operated by the Immigration and Naturalization Service 
ought to be closed, and the funds that otherwise would be expended for 
the operation of such checkpoints ought to be reallocated for 
protecting and maintaining the integrity of the borders of the United 
States and increasing enforcement at other points of entry into the 
United States.
    (i) Report on Responding to Fluctuating Needs.--Not later than 30 
days after the date of the enactment of this Act, the Attorney General 
shall submit to the Congress a report on changes in law, including 
changes in authorizations of appropriations and in appropriations, that 
are needed to permit the Immigration and Naturalization Service, and, 
after the effective date specified in section 15(a), the Bureau of 
Citizenship and Immigration Services, to ensure a prompt and timely 
response to emergent, unforeseen, or impending changes in the number of 
applications for immigration benefits, and otherwise to ensure the 
accommodation of changing immigration service needs.

SEC. 13. 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 (8 U.S.C. 1101 et seq.), access to online information 
about the processing status of the filing involved.
    (b) Feasibility Study for Online Filing and Improved Processing.--
            (1) Online filing.--The Attorney General, in consultation 
        with the Technology Advisory Committee established under 
        subsection (c), shall conduct a feasibility study on the online 
        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 online.
            (2) Report.--A report on the study under this subsection 
        shall be submitted to the Committees on the Judiciary of the 
        United States 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 United 
        States 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 online 
        filing system described in subsection (b)(1).

SEC. 14. 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. 15. EFFECTIVE DATE; TRANSITION.

    (a) In General.--The abolishment of the Immigration and 
Naturalization Service, the establishment of the Office of the 
Associate Attorney General for Immigration Affairs, the Bureau of 
Citizenship and Immigration Services, and the Bureau of Immigration 
Enforcement, the transfers of functions specified under this Act, and 
the amendments made by this Act, shall take effect 1 year after the 
date of the enactment of this Act. The Associate Attorney General for 
Immigration Affairs, the Director of the Bureau of Citizenship and 
Immigration Services, 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 and the Office of Immigration Litigation of the Civil Division 
during fiscal year 2003, 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 
Office of the Associate Attorney General for Immigration Affairs, the 
Bureau of Citizenship and Immigration Services, or the Bureau of 
Immigration Enforcement.
    (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 (f) of each of 
sections 4 and 6 for both the Bureau of Citizenship and Immigration 
Services and the Bureau of Immigration Enforcement.

SEC. 16. CONFORMING AMENDMENT.

    Section 5315 of title 5, United States Code, is amended by striking 
the following:
            ``Commissioner of Immigration and Naturalization, 
        Department of Justice.''.
            Amend the title so as to read: ``A bill to replace the 
        Immigration and Naturalization Service with the Office of the 
        Associate Attorney General for Immigration Affairs, the Bureau 
        of Citizenship and Immigration Services, and the Bureau of 
        Immigration Enforcement, and for other purposes.''.




                                                 Union Calendar No. 246

107th CONGRESS

  2d Session

                               H. R. 3231

                          [Report No. 107-413]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                             April 19, 2002

Reported with amendments, committed to the Committee of the Whole House 
          on the State of the Union, and ordered to be printed