[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2444 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 2444

      To amend the Immigration and Nationality Act to improve the 
administration and enforcement of the immigration laws, to enhance the 
     security of the United States, and to establish the Office of 
  Children's Services within the Department of Justice, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 2, 2002

  Mr. Kennedy (for himself, Mr. Brownback, Mr. Hatch, Mr. Helms, Mr. 
Edwards, Mrs. Feinstein, Mr. DeWine, Mr. Durbin, Mr. Hagel, Mr. Graham, 
 and Mrs. Clinton) introduced the following bill; which was read twice 
             and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
      To amend the Immigration and Nationality Act to improve the 
administration and enforcement of the immigration laws, to enhance the 
     security of the United States, and to establish the Office of 
  Children's Services within the Department of Justice, 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.--Titles I through III of this Act may be cited as 
the ``Immigration Reform, Accountability, and Security Enhancement 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. Purposes.
Sec. 3. Definitions.
                  TITLE I--IMMIGRATION AFFAIRS AGENCY

                        Subtitle A--Organization

Sec. 101. Abolition of INS.
Sec. 102. Establishment of Immigration Affairs Agency.
Sec. 103. Director of Immigration Affairs.
Sec. 104. Bureau of Immigration Services and Adjudications.
Sec. 105. Bureau of Enforcement and Border Affairs.
Sec. 106. Office of the Ombudsman within the Department of Justice.
Sec. 107. Office of Immigration Statistics within the Bureau of Justice 
                            Statistics.
Sec. 108. Clerical amendments.
                   Subtitle B--Transition Provisions

Sec. 111. Transfer of functions.
Sec. 112. Transfer of personnel and other resources.
Sec. 113. Determinations with respect to functions and resources.
Sec. 114. Delegation and reservation of functions.
Sec. 115. Allocation of personnel and other resources.
Sec. 116. Savings provisions.
Sec. 117. Interim service of the Commissioner of Immigration and 
                            Naturalization.
Sec. 118. Executive Office for Immigration Review and Attorney General 
                            authorities not affected.
Sec. 119. Other authorities not affected.
Sec. 120. Transition funding.
                       Subtitle C--Effective Date

Sec. 121. Effective date.
                   TITLE II--PERSONNEL FLEXIBILITIES

Sec. 201. Improvements in personnel flexibilities.
Sec. 202. Voluntary separation incentive payments for INS employees.
Sec. 203. Voluntary separation incentive payments for employees of the 
                            Immigration Affairs Agency.
Sec. 204. Basis for evaluation of Immigration Affairs Agency employees.
Sec. 205. Effective date.
            TITLE III--UNACCOMPANIED ALIEN CHILD PROTECTION

Sec. 301. Short title.
Sec. 302. Definitions.
                     Subtitle A--Structural Changes

Sec. 311. Establishment of the Office of Children's Services.
Sec. 312. Establishment of Interagency Task Force on Unaccompanied 
                            Alien Children.
Sec. 313. Effective date.
   Subtitle B--Custody, Release, Family Reunification, and Detention

Sec. 321. Procedures when encountering unaccompanied alien children.
Sec. 322. Family reunification for unaccompanied alien children with 
                            relatives in the United States.
Sec. 323. Appropriate conditions for detention of unaccompanied alien 
                            children.
Sec. 324. Repatriated unaccompanied alien children.
Sec. 325. Establishing the age of an unaccompanied alien child.
Sec. 326. Effective date.
  Subtitle C--Access by Unaccompanied Alien Children to Guardians Ad 
                           Litem and Counsel

Sec. 331. Right of unaccompanied alien children to guardians ad litem.
Sec. 332. Right of unaccompanied alien children to counsel.
Sec. 333. Transitional pilot program.
Sec. 334. Effective date; applicability.
 Subtitle D--Strengthening Policies for Permanent Protection of Alien 
                                Children

Sec. 341. Special immigrant juvenile visa.
Sec. 342. Training for officials and certain private parties who come 
                            into contact with unaccompanied alien 
                            children.
Sec. 343. Effective dates.
            Subtitle E--Children Refugee and Asylum Seekers

Sec. 351. Guidelines for children's asylum claims.
Sec. 352. Exceptions for unaccompanied alien children in asylum and 
                            refugee-like circumstances.
Sec. 353. Unaccompanied refugee children.
              Subtitle F--Authorization of Appropriations

Sec. 361. Authorization of appropriations.
                   TITLE IV--MISCELLANEOUS PROVISIONS

Sec. 401. Funding adjudication and naturalization services.
Sec. 402. Application of Internet-based technologies.
Sec. 403. Department of State study on matters relating to the 
                            employment of consular officers.
Sec. 404. Alternatives to detention of asylum seekers.

SEC. 2. PURPOSES.

    The purposes of this Act are--
            (1) to improve the administration and enforcement of the 
        immigration laws of the United States and to enhance the 
        security of the United States;
            (2) to abolish the Immigration and Naturalization Service 
        and to establish the Immigration Affairs Agency within the 
        Department of Justice; and
            (3) to establish the Office of Children's Services within 
        the Department of Justice to coordinate and implement 
        Government actions involving unaccompanied alien children.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Director.--The term ``Director'' means the Director of 
        Immigration Affairs appointed under section 112 of the 
        Immigration and Nationality Act, as added by section 103 of 
        this Act.
            (2) Enforcement bureau.--The term ``Enforcement Bureau'' 
        means the Bureau of Enforcement and Border Affairs established 
        in section 114 of the Immigration and Nationality Act, as added 
        by section 105 of this Act.
            (3) Function.--The term ``function'' includes any duty, 
        obligation, power, authority, responsibility, right, privilege, 
        activity, or program.
            (4) Immigration enforcement functions.--The term 
        ``immigration enforcement functions'' has the meaning given the 
        term in section 114(b)(2) of the Immigration and Nationality 
        Act, as added by section 105 of this Act.
            (5) Immigration laws of the united states.--The term 
        ``immigration laws of the United States'' has the meaning given 
        the term in section 111(e) of the Immigration and Nationality 
        Act, as added by section 102 of this Act.
            (6) Immigration policy, administration, and inspection 
        functions.--The term ``immigration policy, administration, and 
        inspection functions'' has the meaning given the term in 
        section 112(b)(3) of the Immigration and Nationality Act, as 
        added by section 103 of this Act.
            (7) Immigration service and adjudication functions.--The 
        term ``immigration service and adjudication functions'' has the 
        meaning given the term in section 113(b)(2) of the Immigration 
        and Nationality Act, as added by section 104 of this Act.
            (8) Office.--The term ``office'' includes any office, 
        administration, agency, bureau, institute, council, unit, 
        organizational entity, or component thereof.
            (9) Service bureau.--The term ``Service Bureau'' means the 
        Bureau of Immigration Services and Adjudications established in 
        section 113 of the Immigration and Nationality Act, as added by 
        section 104 of this Act.

                  TITLE I--IMMIGRATION AFFAIRS AGENCY

                        Subtitle A--Organization

SEC. 101. ABOLITION OF INS.

    (a) In General.--The Immigration and Naturalization Service is 
abolished.
    (b) Repeal.--Section 4 of the Act of February 14, 1903, as amended 
(32 Stat. 826; relating to the establishment of the Immigration and 
Naturalization Service), is repealed.

SEC. 102. ESTABLISHMENT OF IMMIGRATION AFFAIRS AGENCY.

    (a) Establishment.--Title I of the Immigration and Nationality Act 
(8 U.S.C. 1101 et seq.) is amended--
            (1) by inserting ``chapter 1--definitions and general 
        authorities'' after ``TITLE I--GENERAL''; and
            (2) by adding at the end the following:

                ``CHAPTER 2--IMMIGRATION AFFAIRS AGENCY

``SEC. 111. ESTABLISHMENT OF IMMIGRATION AFFAIRS AGENCY.

    ``(a) Establishment.--There is established within the Department of 
Justice the Immigration Affairs Agency.
    ``(b) Principal Officers.--The principal officers of the Agency are 
the following:
            ``(1) The Director of Immigration Affairs appointed under 
        section 112.
            ``(2) The Deputy Director of Immigration Services and 
        Adjudications appointed under section 113.
            ``(3) The Deputy Director of Enforcement and Border Affairs 
        appointed under section 114.
    ``(c) Functions.--Under the authority of the Attorney General, the 
Agency shall perform the following functions:
            ``(1) Immigration policy, administration, and inspection 
        functions, as defined in section 112(b).
            ``(2) Immigration service and adjudication functions, as 
        defined in section 113(b).
            ``(3) Immigration enforcement functions, as defined in 
        section 114(b).
    ``(d) Authorization of Appropriations.--
            ``(1) In general.--There are authorized to be appropriated 
        to the Department of Justice such sums as may be necessary to 
        carry out--
                    ``(A) the functions of the Agency; and
                    ``(B) such other functions of the Attorney General 
                or the Department of Justice under the immigration laws 
                of the United States as are not covered by subparagraph 
                (A).
            ``(2) Availability of funds.--Amounts appropriated pursuant 
        to paragraph (1) are authorized to remain available until 
        expended.
    ``(e) Immigration Laws of the United States Defined.--In this 
chapter, the term `immigration laws of the United States' means the 
following:
            ``(1) This Act.
            ``(2) Such other statutes, Executive orders, regulations, 
        or directives, treaties, or other international agreements to 
        which the United States is a party, insofar as they relate to 
        the admission to, detention in, or removal from the United 
        States of aliens, insofar as they relate to the naturalization 
        of aliens, or insofar as they otherwise relate to the status of 
        aliens.''.
    (b) Conforming Amendments.--(1) The Immigration and Nationality Act 
(8 U.S.C. 1101 et seq.) is amended--
            (A) by striking section 101(a)(34) (8 U.S.C. 1101(a)(34)) 
        and inserting the following:
            ``(34) The term `Agency' means the Immigration Affairs 
        Agency established by section 111.'';
            (B) in section 101(a)(17) (8 U.S.C. 1101(a)(17)), by 
        striking ``The'' and inserting ``Except as otherwise provided 
        in section 111(e), the; and
            (C) by striking ``Immigration and Naturalization Service'', 
        ``Service'', and ``Service's'' each place they appear and 
        inserting ``Immigration Affairs Agency'', ``Agency'', and 
        ``Agency's'', respectively.
    (2) Section 6 of the Act entitled ``An Act to authorize certain 
administrative expenses for the Department of Justice, and for other 
purposes'', approved July 28, 1950 (64 Stat. 380), is amended--
            (A) by striking ``Immigration and Naturalization Service'' 
        and inserting ``Immigration Affairs Agency'';
            (B) by striking clause (a); and
            (C) by redesignating clauses (b), (c), (d), and (e) as 
        clauses (a), (b), (c), and (d), respectively.
    (c) References.--Any reference in any statute, reorganization plan, 
Executive order, regulation, agreement, determination, or other 
official document or proceeding to the Immigration and Naturalization 
Service shall be deemed to refer to the Immigration Affairs Agency.

SEC. 103. DIRECTOR OF IMMIGRATION AFFAIRS.

    (a) In General.--Chapter 2 of title I of the Immigration and 
Nationality Act, as added by section 102 of this Act, is amended by 
adding at the end the following:

``SEC. 112. DIRECTOR OF IMMIGRATION AFFAIRS.

    ``(a) Director of Immigration Affairs.--The Agency shall be headed 
by a Director of Immigration Affairs who shall be appointed in 
accordance with section 103(c) of the Immigration and Nationality Act.
    ``(b) Responsibilities of the Director.--
            ``(1) In general.--The Director shall be charged with any 
        and all responsibilities and authority in the administration of 
        the Agency and of this Act which are conferred upon the 
        Attorney General as may be delegated to the Director by the 
        Attorney General or which may be prescribed by the Attorney 
        General.
            ``(2) Duties.--Subject to the authority of the Attorney 
        General under paragraph (1), the Director shall have the 
        following duties:
                    ``(A) Immigration policy.--The Director shall 
                develop and implement policy under the immigration laws 
                of the United States. The Director, shall propose, 
                promulgate, and issue rules, regulations, and 
                statements of policy with respect to any function 
within the jurisdiction of the Agency.
                    ``(B) Administration.--The Director shall have 
                responsibility for--
                            ``(i) the administration and enforcement of 
                        the functions conferred upon the Agency under 
                        section 111(c) of this Act; and
                            ``(ii) the administration of the Agency, 
                        including the direction, supervision, and 
                        coordination of the Bureau of Immigration 
                        Services and Adjudications and the Bureau of 
                        Enforcement and Border Affairs.
                    ``(C) Inspections.--The Director shall be directly 
                responsible for the administration and enforcement of 
                the functions of the Attorney General and the Agency 
                under the immigration laws of the United States with 
                respect to the inspection of aliens arriving at ports 
                of entry of the United States.
                    ``(D) Other delegated duties and powers.--The 
                Director shall carry out such other duties and exercise 
                such powers as the Attorney General may prescribe.
            ``(3) Activities.--As part of the duties described in 
        paragraph (2), the Director shall do the following:
                    ``(A) Resources and personnel management.--The 
                Director shall manage the resources, personnel, and 
                other support requirements of the Agency.
                    ``(B) Information resources management.--Except as 
                otherwise provided in section 305 of the Omnibus Crime 
                Control and Safe Streets Act of 1968, the Director 
                shall manage the information resources of the Agency, 
                including the maintenance of records and databases and 
                the coordination of records and other information 
                within the Agency, and shall ensure that the Agency 
                obtains and maintains adequate information technology 
                systems to carry out its functions.
                    ``(C) Coordination of response to civil rights 
                violations.--The Director shall coordinate, with the 
                Assistant Attorney General, the Civil Rights Division, 
                or other officials or components of the Department of 
                Justice, as appropriate, the resolution of immigration 
                issues that involve civil rights violations.
            ``(3) Definition.--In this chapter, the term ``immigration 
        policy, administration, and inspection functions'' means the 
        duties, activities, and powers described in this subsection.
    ``(c) General Counsel.--
            ``(1) In general.--There shall be within the Agency a 
        General Counsel, who shall be appointed by the Attorney 
        General, in consultation with the Director.
            ``(2) Function.--The General Counsel shall--
                    ``(A) serve as the chief legal officer for the 
                Agency; and
                    ``(B) be responsible for providing specialized 
                legal advice, opinions, determinations, regulations, 
                and any other assistance to the Director with respect 
                to legal matters affecting the Immigration Affairs 
                Agency, and any of its components.
    ``(d) Financial Officers for the Immigration Affairs Agency.--
            ``(1) Chief financial officer.--
                    ``(A) In general.--There shall be within the Agency 
                a Chief Financial Officer for the Immigration Affairs 
                Agency. The position of Chief Financial Officer shall 
                be a career reserved position in the Senior Executive 
                Service and shall have the authorities and functions 
                described in section 902 of title 31, United States 
                Code, in relation to financial activities of the 
                Agency. For purposes of section 902(a)(1) of such 
                title, the Director shall be deemed to be the head of 
                the agency.
                    ``(B) Functions.--The Chief Financial Officer shall 
                be responsible for directing, supervising, and 
                coordinating all budget formulas and execution for the 
                Agency.
            ``(2) Deputy chief financial officer.--The Agency shall be 
        deemed to be an agency for purposes of section 903 of such 
        title (relating to Deputy Chief Financial Officers).
    ``(e) Chief of Policy and Strategy.--
            ``(1) In general.--There shall be within the Agency a Chief 
        of Policy and Strategy. Under the authority of the Director, 
        the Chief of Policy and Strategy shall be responsible for--
                    ``(A) establishing national immigration policy and 
                priorities;
                    ``(B) performing policy research and analysis on 
                issues arising under the immigration laws of the United 
                States; and
                    ``(C) coordinating immigration policy between the 
                Agency, the Service Bureau, and the Enforcement Bureau.
            ``(2) Within the senior executive service.--The position of 
        Chief of Policy and Strategy shall be a Senior Executive 
        Service position under section 5382 of title 5, United States 
        Code.
    ``(f) Chief of Congressional, Intergovernmental, and Public 
Affairs.--
            ``(1) In general.--There shall be within the Agency a Chief 
        of Congressional, Intergovernmental, and Public Affairs. Under 
        the authority of the Director, the Chief of Congressional, 
        Intergovernmental, and Public Affairs shall be responsible 
        for--
                    ``(A) providing to Congress information relating to 
                issues arising under the immigration laws of the United 
                States, including information on specific cases;
                    ``(B) serving as a liaison with other Federal 
                agencies on immigration issues; and
                    ``(C) responding to inquiries from, and providing 
                information to, the media on immigration issues.
            ``(2) Within the senior executive service.--The position of 
        Chief of Congressional, Intergovernmental, and Public Affairs 
        shall be a Senior Executive Service position under section 5382 
        of title 5, United States Code.''.
    (b) Compensation of the Director.--Section 5314 of title 5, United 
States Code, is amended by adding at the end the following:
            ``Director of Immigration Affairs, Department of 
        Justice.''.
    (c) Compensation of General Counsel and Chief Financial Officer.--
Section 5316 of title 5, United States Code, is amended by adding at 
the end the following:
            ``General Counsel, Immigration Affairs Agency.
            ``Chief Financial Officer, Immigration Affairs Agency.''.
    (d) Repeals.--The following provisions of law are repealed:
            (1) Section 7 of the Act of March 3, 1891, as amended (26 
        Stat. 1085; relating to the establishment of the office of the 
        Commissioner of Immigration and Naturalization).
            (2) Section 201 of the Act of June 20, 1956 (70 Stat. 307; 
        relating to the compensation of assistant commissioners and 
        district directors).
            (3) Section 1 of the Act of March 2, 1895 (28 Stat. 780; 
        relating to special immigrant inspectors).
    (e) Conforming Amendments.--(1)(A) Section 101(a)(8) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(8)) is amended to 
read as follows:
            ``(8) The term `Director' means the Director of Immigration 
        Affairs who is appointed under section 103(c).''.
    (B) Except as provided in subparagraph (C), the Immigration and 
Nationality Act (8 U.S.C. 1101 et seq.) is amended by striking 
``Commissioner of Immigration and Naturalization'' and ``Commissioner'' 
each place they appear and inserting ``Director of Immigration 
Affairs'' and ``Director'', respectively.
    (C) The amendments made by subparagraph (B) do not apply to 
references to the ``Commissioner of Social Security'' in section 290(c) 
of the Immigration and Nationality Act (8 U.S.C. 1360(c)).
    (2) Section 103 of the Immigration and Nationality Act (8 U.S.C. 
1103) is amended--
            (A) in subsection (c), by striking ``Commissioner'' and 
        inserting ``Director'';
            (B) in the section heading, by striking ``Commissioner'' 
        and inserting ``Director'';
            (C) in subsection (d), by striking ``Commissioner'' and 
        inserting ``Director''; and
            (D) in subsection (e), by striking ``Commissioner'' and 
        inserting ``Attorney General''.
    (3) Sections 104 and 105 of the Immigration and Nationality Act (8 
U.S.C. 1104, 1105) are amended by striking ``Director'' each place it 
appears and inserting ``Assistant Secretary of State for Consular 
Affairs''.
    (4) Section 104(c) of the Immigration and Nationality Act (8 U.S.C. 
1104(c)) is amended--
            (A) in the first sentence, by striking ``Passport Office, a 
        Visa Office,'' and inserting ``a Passport Services office, a 
        Visa Services office, an Overseas Citizen Services office,''; 
        and
            (B) in the second sentence, by striking ``the Passport 
        Office and the Visa Office'' and inserting ``the Passport 
        Services office and the Visa Services office''.
    (5) Section 5315 of title 5, United States Code, is amended by 
striking the following:
            ``Commissioner of Immigration and Naturalization, 
        Department of Justice.''.
    (f) References.--Any reference in any statute, reorganization plan, 
Executive order, regulation, agreement, determination, or other 
official document or proceeding to the Commissioner of Immigration and 
Naturalization shall be deemed to refer to the Director of Immigration 
Affairs.

SEC. 104. BUREAU OF IMMIGRATION SERVICES AND ADJUDICATIONS.

    (a) In General.--Chapter 2 of title I of the Immigration and 
Nationality Act, as added by section 102 and amended by section 103, is 
further amended by adding at the end the following:

``SEC. 113. BUREAU OF IMMIGRATION SERVICES AND ADJUDICATIONS.

    ``(a) Establishment of Bureau.--
            ``(1) In general.--There is established within the Agency a 
        bureau to be known as the Bureau of Immigration Services and 
        Adjudications (in this chapter referred to as the `Service 
        Bureau').
            ``(2) Deputy director.--The head of the Service Bureau 
        shall be the Deputy Director of Immigration Services and 
        Adjudications (in this chapter referred to as the `Deputy 
        Director of the Service Bureau'), who--
                    ``(A) shall be appointed by the Attorney General, 
                in consultation with the Director; and
                    ``(B) shall report directly to the Director.
    ``(b) Responsibilities of the Deputy Director.--
            ``(1) In general.--Subject to the authority of the 
        Director, the Deputy Director of the Service Bureau shall 
        administer the immigration service and adjudication functions 
        of the Agency.
            ``(2) Immigration service and adjudication functions 
        defined.--In this chapter, the term `immigration service and 
        adjudication functions' means the following functions under the 
        immigration laws of the United States (as defined in section 
        111(e)):
                    ``(A) Adjudications of petitions for classification 
                of nonimmigrant and immigrant status.
                    ``(B) Adjudications of applications for adjustment 
                of status and change of status.
                    ``(C) Adjudications of naturalization applications.
                    ``(D) Adjudications of asylum and refugee 
                applications.
                    ``(E) Adjudications performed at Service centers.
                    ``(F) Determinations concerning custody and parole 
                of asylum seekers who do not have prior nonpolitical 
                criminal records and who have been found to have a 
                credible fear of persecution, including determinations 
                under section 236B.
                    ``(G) All other adjudications under the immigration 
                laws of the United States (as defined in section 
                111(e)).
    ``(c) Chief Budget Officer of the Service Bureau.--There shall be 
within the Service Bureau a Chief Budget Officer. Under the authority 
of the Chief Financial Officer of the Agency, the Chief Budget Officer 
of the Service Bureau shall be responsible for monitoring and 
supervising all financial activities of the Service Bureau.
    ``(d) Quality Assurance.--There shall be within the Service Bureau 
an Office of Quality Assurance that shall develop procedures and 
conduct audits to--
            ``(1) ensure that the Agency's policies with respect to the 
        immigration service and adjudication functions of the Agency 
        are properly implemented; and
            ``(2) ensure that Service Bureau policies or practices 
        result in sound records management and efficient and accurate 
        service.
    ``(e) Office of Professional Responsibility.--There shall be within 
the Service Bureau an Office of Professional Responsibility that shall 
have the responsibility for ensuring the professionalism of the Service 
Bureau  and for receiving and investigating charges of misconduct or 
ill treatment made by the public.
    ``(f) Training of Personnel.--The Deputy Director of the Service 
Bureau, in consultation with the Director, shall have responsibility 
for determining the training for all personnel of the Service 
Bureau.''.
    (b) Compensation of Deputy Director of Service Bureau.--Section 
5315 of title 5, United States Code, is amended by adding at the end 
the following:
            ``Deputy Director of Immigration Services and 
        Adjudications, Immigration Affairs Agency.''.
    (c) Service Bureau Offices.--
            (1) In general.--The Director, acting through the Deputy 
        Director of the Service Bureau, shall establish Service Bureau 
        offices, including suboffices and satellite offices, in 
        appropriate municipalities and locations in the United States. 
        In the selection of sites for the Service Bureau offices, the 
        Director shall consider the location's proximity and 
        accessibility to the community served, the workload for which 
        that office shall be responsible, whether the location would 
        significantly reduce the backlog of cases in that given 
        geographic area, whether the location will improve customer 
        service, and whether the location is in a geographic area with 
        an increase in the population to be served. The Director shall 
        conduct periodic reviews to assess whether the location and 
        size of the respective Service Bureau offices adequately serve 
        customer service needs.
            (2) Transition provision.--In determining the location of 
        Service Bureau offices, including suboffices and satellite 
        offices, the Director shall first consider maintaining and 
        upgrading offices in existing geographic locations that satisfy 
        the provisions of paragraph (1). The Director shall also 
        explore the feasibility and desirability of establishing new 
        Service Bureau offices, including suboffices and satellite 
        offices, in new geographic locations where there is a 
        demonstrated need.

SEC. 105. BUREAU OF ENFORCEMENT AND BORDER AFFAIRS.

    (a) In General.--Chapter 2 of title I of the Immigration and 
Nationality Act, as added by section 102 and amended by sections 103 
and 104, is further amended by adding at the end the following:

``SEC. 114. BUREAU OF ENFORCEMENT AND BORDER AFFAIRS.

    ``(a) Establishment of Bureau.--
            ``(1) In general.--There is established within the Agency a 
        bureau to be known as the Bureau of Enforcement and Border 
        Affairs (in this chapter referred to as the `Enforcement 
        Bureau').
            ``(2) Deputy director.--The head of the Enforcement Bureau 
        shall be the Deputy Director of the Bureau of Enforcement and 
        Border Affairs (in this chapter referred to as the `Deputy 
        Director of the Enforcement Bureau'), who--
                    ``(A) shall be appointed by the Attorney General, 
                in consultation with the Director; and
                    ``(B) shall report directly to the Director.
    ``(b) Responsibilities of the Deputy Director.--
            ``(1) In general.--Subject to the authority of the 
        Director, the Deputy Director of the Enforcement Bureau shall 
        administer the immigration enforcement functions of the Agency.
            ``(2) Immigration enforcement functions defined.--In this 
        chapter, the term `immigration enforcement functions' means the 
        following functions under the immigration laws of the United 
        States (as defined in section 111(e)):
                    ``(A) The border patrol function.
                    ``(B) The detention function, except as specified 
                in section 113(b)(2)(F).
                    ``(C) The removal function.
                    ``(D) The intelligence function.
                    ``(E) The investigations function.
    ``(c) Chief Budget Officer of the Enforcement Bureau.--There shall 
be within the Enforcement Bureau a Chief Budget Officer. Under the 
authority of the Chief Financial Officer of the Agency, the Chief 
Budget Officer of the Enforcement Bureau shall be responsible for 
monitoring and supervising all financial activities of the Enforcement 
Bureau.
    ``(d) Office of Professional Responsibility.--There shall be within 
the Enforcement Bureau an Office of Professional Responsibility that 
shall have the responsibility for ensuring the professionalism of the 
Enforcement Bureau and receiving charges of misconduct or ill treatment 
made by the public and investigating the charges.
    ``(e) Office of Quality Assurance.--There shall be within the 
Enforcement Bureau an Office of Quality Assurance that shall develop 
procedures and conduct audits to--
            ``(1) ensure that the Agency's policies with respect to 
        immigration enforcement functions are properly implemented; and
            ``(2) ensure that Enforcement Bureau policies or practices 
        result in sound record management and efficient and accurate 
        recordkeeping.
    ``(f) Training of Personnel.--The Deputy Director of the 
Enforcement Bureau, in consultation with the Director, shall have 
responsibility for determining the training for all personnel of the 
Enforcement Bureau.''.
    (b) Compensation of Deputy Director of Enforcement Bureau.--Section 
5315 of title 5, United States Code, is amended by adding at the end 
the following:
            ``Director of Enforcement and Border Affairs, Immigration 
        Affairs Agency.''.
    (c) Enforcement Bureau Offices.--
            (1) In general.--The Director, acting through the Deputy 
        Director of the Enforcement Bureau, shall establish Enforcement 
        Bureau offices, including suboffices and satellite offices, in 
        appropriate municipalities and locations in the United States. 
        In the selection of sites for the Enforcement Bureau offices, 
        the Director shall be selected according to trends in unlawful 
        entry and unlawful presence, alien smuggling, national security 
        concerns, the number of Federal prosecutions of immigration-
        related offenses in a given geographic area, and other 
        enforcement considerations. The Director shall conduct periodic 
        reviews to assess whether the location and size of the 
        respective Enforcement Bureau offices adequately serve 
        enforcement needs.
            (2) Transition provision.--In determining the location of 
        Enforcement Bureau offices, including suboffices and satellite 
        offices, the Director shall first consider maintaining and 
        upgrading offices in existing geographic locations that satisfy 
        the provisions of paragraph (1). The Director shall also 
        explore the feasibility and desirability of establishing new 
        Enforcement Bureau offices, including suboffices and satellite 
        offices, in new geographic locations where there is a 
        demonstrated need.

SEC. 106. OFFICE OF THE OMBUDSMAN WITHIN THE DEPARTMENT OF JUSTICE.

    (a) In General.--Chapter 2 of title I of the Immigration and 
Nationality Act, as added by section 102 and amended by sections 103, 
104 and 105, is further amended by adding at the end the following:

``SEC. 115. OFFICE OF THE OMBUDSMAN WITHIN THE DEPARTMENT OF JUSTICE.

    ``(a) In General.--There is established within the Department of 
Justice the Office of the Ombudsman, which shall be headed by the 
Ombudsman.
    ``(b) Ombudsman.--
            ``(1) Appointment.--The Ombudsman shall be appointed by the 
        Attorney General. The Ombudsman shall report directly to the 
        Attorney General.
            ``(2) Compensation.--The Ombudsman shall be entitled to 
        compensation at the same rate as the highest rate of basic pay 
        established for the Senior Executive Service under section 5382 
        of title 5, United States Code, or, if the Attorney General so 
        determines, at a rate fixed under section 9503 of such title.
    ``(c) Functions of Office.--The functions of the Office of the 
Ombudsman shall include--
            ``(1) to assist individuals in resolving problems with the 
        Agency or any component thereof;
            ``(2) to identify systemic problems encountered by the 
        public in dealings with the Agency or any component thereof;
            ``(3) to propose changes in the administrative practices or 
        regulations of the Agency, or any component thereof, to 
        mitigate problems identified under paragraph (2);
            ``(4) to identify potential changes in statutory law that 
        may be required to mitigate such problems; and
            ``(5) to monitor the coverage and geographic distribution 
        of local offices of the Agency.
    ``(d) Personnel Actions.--The Ombudsman shall have the 
responsibility and authority to appoint local or regional 
representatives of the Ombudsman's Office as in the Ombudsman's 
judgment may be necessary to address and rectify problems.
    ``(e) Annual Report.--Not later than December 31 of each year, the 
Ombudsman shall submit a report to the Committee on the Judiciary of 
the House of Representatives and the Committee on the Judiciary of the 
Senate on the activities of the Ombudsman during the fiscal year ending 
in that calendar year. Each report shall contain a full and substantive 
analysis, in addition to statistical information, and shall contain--
            ``(1) a description of the initiatives that the Office of 
        the Ombudsman has taken on improving the responsiveness of the 
        Agency;
            ``(2) a summary of serious or systemic problems encountered 
        by the public, including a description of the nature of such 
        problems;
            ``(3) an accounting of the items described in paragraphs 
        (1) and (2) for which action has been taken, and the result of 
        such action;
            ``(4) an accounting of the items described in paragraphs 
        (1) and (2) for which action remains to be completed;
            ``(5) an accounting of the items described in paragraphs 
        (1) and (2) for which no action has been taken, the reasons for 
        the inaction, and identify any Agency official who is 
        responsible for such inaction;
            ``(6) recommendations as may be appropriate to resolve 
        problems encountered by the public;
            ``(7) recommendations as may be appropriate to resolve 
        problems encountered by the public, including problems created 
        by backlogs in the adjudication and processing of petitions and 
        applications;
            ``(8) recommendations to resolve problems caused by 
        inadequate funding or staffing; and
            ``(9) such other information as the Ombudsman may deem 
        advisable.
    ``(f) Authorization of Appropriations.--
            ``(1) In general.--There are authorized to be appropriated 
        to the Office of the Ombudsman such sums as may be necessary to 
        carry out its functions.
            ``(2) Availability of funds.--Amounts appropriated pursuant 
        to paragraph (1) are authorized to remain available until 
        expended.''.

SEC. 107. OFFICE OF IMMIGRATION STATISTICS WITHIN THE 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 new section:

``SEC. 305. OFFICE OF IMMIGRATION STATISTICS.

    ``(a) Establishment.--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) Responsibilities of Director.--The Director of the Office 
shall be responsible for the following:
            ``(1) Statistical information.--Maintenance of all 
        immigration statistical information of the Immigration Affairs 
        Agency and the Executive Office for Immigration Review.
            ``(2) Standards of reliability and validity.--Establishment 
        of standards of reliability and validity for immigration 
        statistics collected by the Bureau of Immigration Services and 
        Adjudications, the Bureau of Enforcement and Border Affairs of 
        the Immigration Affairs Agency, and the Executive Office for 
        Immigration Review.
  ``(c) Relation to the Immigration Affairs Agency and the Executive 
Office for Immigration Review.--
            ``(1) Other authorities.--The Immigration Affairs Agency 
        and the Executive Office for Immigration Review shall provide 
        statistical information to the Office from the operational data 
        systems controlled by the Immigration Affairs Agency and the 
        Executive Office for Immigration Review, respectively, as 
        requested by the Office, for the purpose of meeting the 
        responsibilities of the Director of the Office.
            ``(2) Databases.--The Director of the Office, under the 
        direction of the Attorney General, shall ensure the 
        interoperability of the databases of the Immigration Affairs 
        Agency, the Bureau of Immigration Services and Adjudications, 
        the Bureau of Enforcement and Border Affairs, and the Executive 
        Office for Immigration Review to permit the Director of the 
        Office to perform the duties of such office.
    (b) Transfer of Functions.--There are transferred to the Attorney 
General, for exercise through the Office of Immigration Statistics 
established by 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, and the statistical 
functions performed by the Executive Office for Immigration Review, on 
the day before the effective date of this title.
    (c) Conforming Amendment.--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 Immigration Affairs Agency and the 
        Executive Office for Immigration Review.''.

SEC. 108. CLERICAL AMENDMENTS.

    The table of contents of the Immigration and Nationality Act is 
amended--
            (1) by inserting after the item relating to the heading for 
        title I the following:

          ``Chapter 1--Definitions and General Authorities'';

            (2) by striking the item relating to section 103 and 
        inserting the following:

``Sec. 103. Powers and duties of the Attorney General and the 
                            Director.'';
        and
            (3) by inserting after the item relating to section 106 the 
        following:

                ``Chapter 2--Immigration Affairs Agency

``Sec. 111. Establishment of Immigration Affairs Agency.
``Sec. 112. Director of Immigration Affairs.
``Sec. 113. Bureau of Immigration Services and Adjudications.
``Sec. 114. Bureau of Enforcement and Border Affairs.
``Sec. 115. Office of the Ombudsman within the Department of 
                            Justice.''.

                   Subtitle B--Transition Provisions

SEC. 111. TRANSFER OF FUNCTIONS.

    (a) In General.--All functions under the immigration laws of the 
United States vested by statute in, or exercised by, the Commissioner 
of Immigration and Naturalization or the Immigration and Naturalization 
Service (or any officer, employee, or component thereof), immediately 
prior to the effective date of this title, are transferred to the 
Immigration Affairs Agency on such effective date for exercise by the 
Director in accordance with section 112(b) of the Immigration and 
Nationality Act, as added by section 103 of this Act.
    (b) Exercise of Authorities.--Except as otherwise provided by law, 
the Director may, for purposes of performing any function transferred 
to the Immigration Affairs Agency under subsection (a), 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 pursuant to this title.

SEC. 112. TRANSFER OF PERSONNEL AND OTHER RESOURCES.

    Subject to section 1531 of title 31, United States Code, upon the 
effective date of this title, there are transferred to the Director for 
appropriate allocation in accordance with section 115--
            (1) the personnel of the Department of Justice employed in 
        connection with the functions transferred pursuant to this 
        title (and such other functions that the Attorney General 
        determines are properly related to the functions of the 
        Immigration Affairs Agency and that would, if so transferred, 
        further the purposes of the Agency); and
            (2) the assets, liabilities, contracts, property, records, 
        and unexpended balance of appropriations, authorizations, 
        allocations, and other funds employed, held, used, arising 
        from, available to, or to be made available to the Immigration 
        and Naturalization Service in connection with the functions 
        transferred pursuant to this title.

SEC. 113. DETERMINATIONS WITH RESPECT TO FUNCTIONS AND RESOURCES.

    The Director shall determine, in accordance with the corresponding 
criteria set forth in sections 112(b), 113(b), and 114(b) of the 
Immigration and Nationality Act (as added by this Act)--
            (1) which of the functions transferred under section 111 
        are--
                    (A) immigration policy, administration, and 
                inspection functions;
                    (B) immigration service and adjudication functions; 
                and
                    (C) immigration enforcement functions; and
            (2) which of the personnel, assets, liabilities, grants, 
        contracts, property, records, and unexpended balances of 
        appropriations, authorizations, allocations, and other funds 
        transferred under section 112 were held or used, arose from, 
        were available to, or were made available, in connection with 
        the performance of the respective functions specified in 
        paragraph (1) immediately prior to the effective date of this 
        title.

SEC. 114. DELEGATION AND RESERVATION OF FUNCTIONS.

    (a) In General.--
            (1) Delegation to the bureaus.--Subject to section 
        112(b)(1) of the Immigration and Nationality Act (as added by 
        section 103 of this Act), the Director shall delegate--
                    (A) immigration service and adjudication functions 
                to the Deputy Director of the Service Bureau; and
                    (B) immigration enforcement functions to the Deputy 
                Director of the Enforcement Bureau.
            (2) Reservation of functions.--Subject to section 112(b)(1) 
        of the Immigration and Nationality Act (as added by section 103 
        of this Act), immigration policy, administration, and 
        inspection functions shall be reserved for exercise by the 
        Director.
    (b) Nonexclusive Delegations Authorized.--Delegations made under 
subsection (a) may be on a nonexclusive basis as the Director may 
determine may be necessary to ensure the faithful execution of the 
Director's responsibilities and duties under law.
    (c) Effect of Delegations.--Except as otherwise expressly 
prohibited by law or otherwise provided in this title, the Director may 
make delegations under this subsection to such officers and employees 
of the office of the Director, the Service Bureau, and the Enforcement 
Bureau, respectively, as the Director may designate, and may authorize 
successive redelegations of such functions as may be necessary or 
appropriate. No delegation of functions under this subsection or under 
any other provision of this title shall relieve the official to whom a 
function is transferred pursuant to this title of responsibility for 
the administration of the function.
    (d) Statutory Construction.--Nothing in this Act may be construed 
to limit the authority of the Director, acting directly or by 
delegation under the Attorney General, to establish such offices or 
positions within the Immigration Affairs Agency, in addition to those 
specified by this Act, as the Director may determine to be necessary to 
carry out the functions of the Agency.

SEC. 115. ALLOCATION OF PERSONNEL AND OTHER RESOURCES.

    (a) Authority of the Director.--
            (1) In general.--Subject to paragraph (2) and section 
        114(b), the Director shall make allocations 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 the 
        performance of the respective functions, as determined under 
        section 113, in accordance with the delegation of functions and 
        the reservation of functions made under section 114.
            (2) Limitation.--Unexpended funds transferred pursuant to 
        section 112 shall be used only for the purposes for which the 
        funds were originally authorized and appropriated.
    (b) Authorities of Attorney General.--
            (1) Incidental transfers.--The Attorney General 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 title, and the amendments made by this title. The Attorney 
        General shall provide for such further measures and 
        dispositions as may be necessary to effectuate the purposes of 
        this title and the amendments made by this title.
            (2) Authority to terminate affairs of ins.--The Attorney 
        General shall provide for the termination of the affairs of the 
        Immigration and Naturalization Service and such further 
        measures and dispositions as may be necessary to effectuate the 
        purposes of this Act.
    (c) Treatment of Shared Resources.--The Director is authorized to 
provide for an appropriate allocation, or coordination, or both, of 
resources involved in supporting shared support functions for the 
office of the Director, the Service Bureau, the Enforcement Bureau, and 
offices within the Department of Justice. The Director shall maintain 
oversight and control over the shared computer databases and systems 
and records management.

SEC. 116. SAVINGS PROVISIONS.

    (a) Legal Documents.--All orders, determinations, rules, 
regulations, permits, grants, loans, contracts, recognition of labor 
organizations, agreements, including collective bargaining agreements, 
certificates, licenses, and privileges--
            (1) that have been issued, made, granted, or allowed to 
        become effective by the President, the Attorney General, the 
        Commissioner of the Immigration and Naturalization Service, 
        their delegates, or any other Government official, or by a 
        court of competent jurisdiction, in the performance of any 
        function that is transferred pursuant to this title; 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, except that any collective 
bargaining agreement shall remain in effect until the date of 
termination specified in the agreement.
    (b) Proceedings.--
            (1) Pending.--Sections 111 through 115 of the Immigration 
        and Nationality Act, and section 305 of the Omnibus Crime 
        Control and Safe Streets Act, as added by title I of this Act, 
        shall not affect any proceeding or any application for any 
        benefit, service, license, permit, certificate, or financial 
        assistance pending on the effective date of this title before 
        an office whose functions are transferred pursuant to this 
        title, but such proceedings and applications shall be 
        continued.
            (2) Orders.--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.
            (3) Discontinuance or modification.--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 title, and the amendments made by this title, 
shall not affect suits commenced before the effective date of this 
title, and in all such suits, proceeding shall be had, appeals taken, 
and judgments rendered in the same manner and with the same effect as 
if this title, and the amendments made by this title, 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 pursuant to this section, shall 
abate by reason of the enactment of this Act.
    (e) Continuance of Suit With Substitution of Parties.--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 pursuant to this 
title 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 title, any statutory requirements relating 
to notice, hearings, action upon the record, or administrative or 
judicial review that apply to any function transferred pursuant to any 
provision of this title 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 pursuant to such provision.

SEC. 117. INTERIM SERVICE OF THE COMMISSIONER OF IMMIGRATION AND 
              NATURALIZATION.

    The individual serving as the Commissioner of Immigration and 
Naturalization on the day before the effective date of this title may 
serve as Director until the date on which a Director is appointed under 
section 112 of the Immigration and Nationality Act, as added by section 
103 of this Act.

SEC. 118. EXECUTIVE OFFICE FOR IMMIGRATION REVIEW AND ATTORNEY GENERAL 
              AUTHORITIES NOT AFFECTED.

    Nothing in this title, or any amendment made by this title, may be 
construed to authorize or require the transfer or delegation of any 
function vested in, or exercised by--
            (1) the Executive Office for Immigration Review of the 
        Department of Justice, or any officer, employee, or component 
        thereof, or
            (2) the Attorney General with respect to any matter under 
        the immigration laws of the United States, including the 
        institution of any prosecution, or the institution or defense 
        of any action or appeal, in any court of the United States 
        established under Article III of the Constitution,
immediately prior to the effective date of this title.

SEC. 119. OTHER AUTHORITIES NOT AFFECTED.

    Nothing in this title, or any amendment made by this title, may be 
construed to authorize or require the transfer or delegation of any 
function vested in, or exercised by--
            (1) the Secretary of State under the State Department Basic 
        Authorities Act of 1956, or under the immigration laws of the 
        United States, immediately prior to the effective date of this 
        title, with respect to the issuance and use of passports and 
        visas;
            (2) the Secretary of Labor or any official of the 
        Department of Labor immediately prior to the effective date of 
        this title, with respect to labor certifications or any other 
        authority under the immigration laws of the United States; or
            (3) except as otherwise specifically provided in this Act, 
        any other official of the Federal Government under the 
        immigration laws of the United States immediately prior to the 
        effective date of this title.

SEC. 120. TRANSITION FUNDING.

    (a) Authorization of Appropriations for Transition.--
            (1) In general.--There are authorized to be appropriated to 
        the Department of Justice such sums as may be necessary--
                    (A) to effect--
                            (i) the abolition of the Immigration and 
                        Naturalization Service;
                            (ii) the establishment of the Immigration 
                        Affairs Agency and its components, the Bureau 
                        of Immigration Services and Adjudications, and 
                        the Bureau of Enforcement and Border Affairs; 
                        and
                            (iii) the transfer of functions required to 
                        be made under this Act; and
                    (B) to carry out any other duty that is made 
                necessary by this Act, or any amendment made by this 
                Act.
            (2) Activities supported.--Activities supported under 
        paragraph (1) include--
                    (A) planning for the transfer of functions from the 
                Immigration and Naturalization Service to the 
                Immigration Affairs Agency, including the preparation 
                of any reports and implementation plans necessary for 
                such transfer;
                    (B) the division, acquisition, and disposition of--
                            (i) buildings and facilities;
                            (ii) support and infrastructure resources; 
                        and
                            (iii) computer hardware, software, and 
                        related documentation;
                    (C) other capital expenditures necessary to effect 
                the transfer of functions described in this paragraph;
                    (D) revision of forms, stationery, logos, and 
                signage;
                    (E) expenses incurred in connection with the 
                transfer and training of existing personnel and hiring 
                of new personnel; and
                    (F) such other expenses necessary to effect the 
                transfers, as determined by the Attorney General.
    (b) Availability of Funds.--Amounts appropriated pursuant to 
subsection (a) are authorized to remain available until expended.
    (c) Transition Account.--
            (1) 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 Affairs Agency 
        Transition Account'' (in this section referred to as the 
        ``Account'').
            (2) Use of account.--There shall be deposited into the 
        Account all amounts appropriated under subsection (a) and 
        amounts reprogrammed for the purposes described in subsection 
        (a).
    (d) Report to Congress on Transition.--Beginning not later than 90 
days after the date of enactment of this Act, and at the end of each 
fiscal year in which appropriations are made pursuant to subsection 
(c), the Attorney General shall submit a report to Congress concerning 
the availability of funds to cover transition costs, including--
            (1) any unobligated balances available for such purposes; 
        and
            (2) a calculation of the amount of appropriations that 
        would be necessary to fully fund the activities described in 
        subsection (a).
    (e) Effective Date.--This section shall take effect on the date of 
enactment of this Act.

                       Subtitle C--Effective Date

SEC. 121. EFFECTIVE DATE.

    Except as otherwise provided in section 120(e), this title, and the 
amendments made by this title, shall take effect 18 months after the 
date of enactment of this Act.

                   TITLE II--PERSONNEL FLEXIBILITIES

SEC. 201. IMPROVEMENTS IN PERSONNEL FLEXIBILITIES.

    (a) In General.--Part III of title 5, United States Code, is 
amended by adding at the end the following new subpart:

           ``Subpart J--Immigration Affairs Agency Personnel

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

``Sec.
``9601. Immigration Affairs Agency personnel flexibilities.
``9602. Pay authority for critical positions.
``9603. Streamlined critical pay authority.
``9604. Recruitment, retention, relocation incentives, and relocation 
                            expenses.
``Sec. 9601. Immigration Affairs Agency personnel flexibilities
    ``(a) Any flexibilities provided by sections 9602 through 9604 of 
this chapter 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.
``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 
Immigration Affairs Agency, 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) Notwithstanding section 5307, 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 effective date of title II of the 
Immigration Reform, Accountability, and Security Enhancement Act of 
2002, establish, fix the compensation of, and appoint individuals to, 
designated critical administrative, technical, and professional 
positions needed to carry out the functions of the Immigration Affairs 
Agency, 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 Immigration Affairs 
                Agency's 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 40 at 
        any one time;
            ``(4) designation of such positions are 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 prior to the 
        effective date of title II of the Immigration Reform, 
        Accountability, and Security Enhancement Act of 2002;
            ``(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 effective date of title II 
of the Immigration Reform, Accountability, and Security Enhancement Act 
of 2002, 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 with respect to employees of the Immigration Affairs Agency.
    ``(b) For a period of 10 years after the effective date of title II 
of the Immigration Reform, Accountability, and Security Enhancement Act 
of 2002, and subject to approval by the Office of Personnel Management, 
the Attorney General may pay from appropriations made to the 
Immigration Affairs Agency 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 such effective date.''.
    (b) Clerical Amendment.--The table of chapters for part III of 
title 5, United States Code, is amended by adding at the end the 
following new items:

           ``Subpart J--Immigration Affairs Agency Personnel

``96. Personnel flexibilities relating to the Immigration      9601.''.
                            Affairs Agency.

SEC. 202. VOLUNTARY SEPARATION INCENTIVE PAYMENTS FOR INS EMPLOYEES.

    (a) Definition.--In this section, the term ``employee'' means an 
employee (as defined by section 2105 of title 5, United States Code) 
who is employed by the Immigration and Naturalization Service 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--
            (1) a reemployed annuitant under subchapter III of chapter 
        83 or chapter 84 of title 5, United States Code, or another 
        retirement system;
            (2) 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 paragraph 
        (1);
            (3) an employee who is in receipt of a specific notice of 
        involuntary separation for misconduct or unacceptable 
        performance;
            (4) 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;
            (5) 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;
            (6) an employee covered by statutory reemployment rights 
        who is on transfer to another organization; or
            (7) 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.
    (b) Authority To Provide Voluntary Separation Incentive Payments.--
            (1) In general.--The Attorney General may pay voluntary 
        separation incentive payments under this section to any 
        employee to the extent necessary to carry out the plan to 
        establish the Immigration Affairs Agency under title I.
            (2) Amount and treatment of payments.--A voluntary 
        separation incentive payment--
                    (A) shall be paid in a lump sum after the 
                employee's separation;
                    (B) shall be paid from appropriations or funds 
                available for the payment of the basic pay of the 
                employees;
                    (C) 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 an agency head 
                        not to exceed $25,000;
                    (D) may not be made except in the case of any 
                qualifying employee who voluntarily separates (whether 
                by retirement or resignation) before January 1, 2006;
                    (E) shall not be a basis for payment, and shall not 
                be included in the computation, of any other type of 
                Government benefit; and
                    (F) 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.
    (c) Additional Immigration and Naturalization Service Contributions 
to the Retirement Fund.--
            (1) 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 Immigration and Naturalization 
        Service 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 section.
            (2) Definition.--In paragraph (1), 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 therefore.
    (d) Effect of Subsequent Employment With the Government.--An 
individual who has received a voluntary separation incentive payment 
under this section 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 
Immigration and Naturalization Service or, in the case of employment or 
work occurring after the effective date of title I, the Immigration 
Affairs Agency.
    (e) Use of Voluntary Separations.--The Immigration and 
Naturalization Service may redeploy or use the full-time equivalent 
positions vacated by voluntary separations under this section to make 
other positions available to more critical locations or more critical 
occupations.
    (f) Effective Date.--This section shall take effect on the date of 
enactment of this Act.

SEC. 203. VOLUNTARY SEPARATION INCENTIVE PAYMENTS FOR EMPLOYEES OF THE 
              IMMIGRATION AFFAIRS AGENCY.

    (a) Definition.--In this section, the term ``employee'' means an 
employee (as defined by section 2105 of title 5, United States Code) 
who is employed by the Immigration Affairs Agency 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--
            (1) a reemployed annuitant under subchapter III of chapter 
        83 or chapter 84 of title 5, United States Code, or another 
        retirement system;
            (2) 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 paragraph 
        (1);
            (3) an employee who is in receipt of a specific notice of 
        involuntary separation for misconduct or unacceptable 
        performance;
            (4) 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;
            (5) 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;
            (6) an employee covered by statutory reemployment rights 
        who is on transfer to another organization; or
            (7) 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.
    (b) Authority To Provide Voluntary Separation Incentive Payments.--
            (1) In general.--The Attorney General may pay voluntary 
        separation incentive payments under this section to any 
        employee to the extent necessary to carry out the plan to 
        establish the Immigration Affairs Agency under title I.
            (2) Amount and treatment of payments.--A voluntary 
        separation incentive payment--
                    (A) shall be paid in a lump sum after the 
                employee's separation;
                    (B) shall be paid from appropriations or funds 
                available for the payment of the basic pay of the 
                employees;
                    (C) 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 an agency head 
                        not to exceed $25,000;
                    (D) may not be made except in the case of any 
                qualifying employee who voluntarily separates (whether 
                by retirement or resignation) before January 1, 2006;
                    (E) shall not be a basis for payment, and shall not 
                be included in the computation, of any other type of 
                Government benefit; and
                    (F) 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.
    (c) Additional Immigration Affairs Agency Contributions to the 
Retirement Fund.--
            (1) 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 Immigration Affairs Agency 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 section.
            (2) Definition.--In paragraph (1), 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 therefore.
    (d) Effect of Subsequent Employment With the Government.--An 
individual who has received a voluntary separation incentive payment 
under this section 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 
Immigration Affairs Agency.
    (e) Use of Voluntary Separations.--The Immigration Affairs Agency 
may redeploy or use the full-time equivalent positions vacated by 
voluntary separations under this section to make other positions 
available to more critical locations or more critical occupations.

SEC. 204. BASIS FOR EVALUATION OF IMMIGRATION AFFAIRS AGENCY EMPLOYEES.

    The Immigration Affairs Agency shall use the fair and equitable 
treatment of aliens by employees as one of the standards for evaluating 
employee performance.

SEC. 205. EFFECTIVE DATE.

    Except as otherwise provided in section 202(f), this title, and the 
amendments made by this title, shall take effect 18 months after the 
date of enactment of this Act.

            TITLE III--UNACCOMPANIED ALIEN CHILD PROTECTION

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Unaccompanied Alien Child 
Protection Act of 2002''.

SEC. 302. DEFINITIONS.

    (a) In General.--In this title:
            (1) Director.--The term ``Director'' means the Director of 
        the Office.
            (2) Office.--The term ``Office'' means the Office of 
        Children's Services established by section 311.
            (3) Service.--The term ``Service'' means the Immigration 
        and Naturalization Service (or, upon the effective date of 
        title I, the Immigration Affairs Agency).
            (4) Unaccompanied alien child.--The term ``unaccompanied 
        alien child'' means a child who--
                    (A) has no lawful immigration status in the United 
                States;
                    (B) has not attained the age of 18; and
                    (C) 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.
            (5) Voluntary agency.--The term ``voluntary agency'' means 
        a private, nonprofit voluntary agency with expertise in meeting 
        the cultural, developmental, or psychological needs of 
        unaccompanied alien children as licensed by the appropriate 
        State and certified by the Attorney General.
    (b) Amendments to the Immigration and Nationality Act.--Section 
101(a) (8 U.S.C. 1101(a)) is amended by adding at the end the following 
new paragraphs:
    ``(51) The term `unaccompanied alien child' means a child who--
            ``(A) has no lawful immigration status in the United 
        States;
            ``(B) has not attained the age of 18; and
            ``(C) 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 able to provide care and physical custody.
    ``(52) The term `unaccompanied refugee children' means persons 
described in paragraph (42) who--
            ``(A) have not attained the age of 18; and
            ``(B) with respect to whom there are no parents or legal 
        guardians available to provide care and physical custody.''.

                     Subtitle A--Structural Changes

SEC. 311. ESTABLISHMENT OF THE OFFICE OF CHILDREN'S SERVICES.

    (a) Establishment.--
            (1) Prohibited within ins.--There is established within the 
        Department of Justice the Office of Children's Services. The 
        Office shall not be an office within the Immigration and 
        Naturalization Service.
            (2) Components.--The Office shall include such other 
        components, staff, and resources as the Attorney General may 
        determine necessary to carry out this title.
    (b) Transfer of Functions.--
            (1) In general.--All functions with respect to the care and 
        custody of unaccompanied alien children under the immigration 
        laws of the United States vested by statute in, or exercised 
        by, the Commissioner of Immigration and Naturalization (or any 
        officer, employee, or component thereof), immediately prior to 
        the effective date of this subtitle, are transferred to the 
        Office under the general authority of the Attorney General.
            (2) Responsibilities of the office.--The Office shall be 
        responsible for coordinating and implementing law and policy 
        for unaccompanied alien children who come into the custody of 
        the Department of Justice.
    (c) Director of the Office of Children's Services.--
            (1) In general.--The Office shall be headed by a Director 
        of Children's Services, who shall be appointed by and report 
        directly to the Attorney General or his designee, if the 
        designee is at a level no lower than Associate Attorney 
        General.
            (2) Compensation at level iv of executive schedule.--
        Section 5315 of title 5, United States Code, is amended by 
        adding at the end the following:
    ``Director of the Office of Children's Services, Department of 
Justice.''.
            (3) Duties.--The Director shall be responsible for--
                    (A) ensuring that the best interests of the child 
                are considered in decisions and actions relating to the 
                care and placement of an unaccompanied alien child;
                    (B) making placement, release, and detention 
                determinations for all unaccompanied alien children in 
                the custody of the Office;
                    (C) implementing the placement, release, and 
                detention determinations made by the Office;
                    (D) coordinating and implementing law and policy 
                for unaccompanied alien children who come into the 
                custody of the Department of Justice;
                    (E) convening, in the absence of the Attorney 
                General, the Interagency Task Force on Unaccompanied 
                Alien Children established in section 312;
                    (F) identifying a sufficient number of qualified 
                persons, entities, and facilities to house 
                unaccompanied alien children in accordance with 
                sections 322 and 323;
                    (G) overseeing the persons, entities, and 
                facilities described in sections 322 and 323 to ensure 
                their compliance with such provisions;
                    (H) compiling, updating, and publishing at least 
                annually a State-by-State list of professionals or 
                other entities qualified to contract with the Office to 
                provide the services described in sections 331 and 332;
                    (I) 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 the 
                        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--
                                    (I) the Department of Justice 
                                (other than as described in subclause 
                                (II) or (III);
                                    (II) the Service; or
                                    (III) the Office;
                            (iii) information relating to the custody, 
                        detention, release, and repatriation of 
                        unaccompanied alien children who have been in 
                        the custody of the Office;
                            (iv) in any case in which the child is 
                        placed in detention, an explanation relating to 
                        the detention; and
                            (v) the disposition of any actions in which 
                        the child is the subject;
                    (J) collecting and compiling statistical 
                information from the Service, including Border Patrol 
                and inspections officers, on the unaccompanied alien 
                children with whom they come into contact; and
                    (K) conducting investigations and inspections of 
                facilities and other entities in which unaccompanied 
                alien children reside.
            (4) Duties with respect to foster care.--In carrying out 
        the duties described in paragraph (3)(F), the Director shall 
        assess the extent to which the refugee children foster care 
        system utilized pursuant to section 412(d)(2) of the 
        Immigration and Nationality Act can feasibly be expanded for 
        the placement of unaccompanied alien children.
            (5) Powers.--In carrying out the duties specified in 
        paragraph (3), the Director shall have the power to--
                    (A) contract with service providers to perform the 
                services described in sections 322, 323, 331, and 332; 
                and
                    (B) compel compliance with the terms and conditions 
                set forth in section 323, including the power to 
                terminate the contracts of providers that are not in 
                compliance with such conditions and reassign any 
                unaccompanied alien child to a similar facility that is 
                in compliance with such section.
    (d) No Effect on INS, EOIR, and Department of State Adjudicatory 
Responsibilities.--Nothing in this title may be construed to transfer 
the responsibility for adjudicating benefit determinations under the 
Immigration and Nationality Act from the authority of any official of 
the Service, the Executive Office of Immigration Review of the 
Department of Justice, or the Department of State.

SEC. 312. ESTABLISHMENT OF INTERAGENCY TASK FORCE ON UNACCOMPANIED 
              ALIEN CHILDREN.

    (a) Establishment.--There is established an Interagency Task Force 
on Unaccompanied Alien Children.
    (b) Composition.--The Task Force shall consist of the following 
members:
            (1) The Attorney General.
            (2) The Commissioner of Immigration and Naturalization.
            (3) The Assistant Secretary of State for Population, 
        Refugees, and Migration.
            (4) The Director of the Office of Refugee Resettlement of 
        the Department of Health and Human Services.
            (5) The Director.
            (6) Such other officials in the executive branch of 
        Government as may be designated by the President.
    (c) Chairman.--The Task Force shall be chaired by the Attorney 
General.
    (d) Activities of the Task Force.--In consultation with 
nongovernmental organizations, the Task Force shall--
            (1) measure and evaluate the progress of the United States 
        in treating unaccompanied alien children in United States 
        custody; and
            (2) expand interagency procedures to collect and organize 
        data, including significant research and resource information 
        on the needs and treatment of unaccompanied alien children in 
        the custody of the United States Government.

SEC. 313. EFFECTIVE DATE.

    This subtitle shall take effect 180 days after the date of 
enactment of this Act.

   Subtitle B--Custody, Release, Family Reunification, and Detention

SEC. 321. PROCEDURES WHEN ENCOUNTERING UNACCOMPANIED ALIEN CHILDREN.

    (a) Unaccompanied Children Found Along the United States Border or 
at United States Ports of Entry.--
            (1) In general.--Subject to paragraph (2), if an 
        immigration officer finds an unaccompanied alien child who is 
        described in paragraph (2) at a land border or port of entry of 
        the United States and determines that such child is 
        inadmissible under the Immigration and Nationality Act, the 
        officer shall--
                    (A) permit such child to withdraw the child's 
                application for admission pursuant to section 235(a)(4) 
                of the Immigration and Nationality Act; and
                    (B) remove such child from the United States.
            (2) Special rule for contiguous countries.--
                    (A) In general.--Any child who is a national or 
                habitual resident of a country that is contiguous with 
                the United States and that has an agreement in writing 
                with the United States providing for the safe return 
                and orderly repatriation of unaccompanied alien 
                children who are nationals or habitual residents of 
                such country shall be treated in accordance with 
                paragraph (1), unless a determination is made on a 
                case-by-case basis that--
                            (i) such child has a fear of returning to 
                        the child's country of nationality or country 
                        of last habitual residence owing to a fear of 
                        persecution;
                            (ii) the return of such child to the 
                        child's country of nationality or country of 
                        last habitual residence would endanger the life 
                        or safety of such child; or
                            (iii) the child cannot make an independent 
                        decision to withdraw the child's application 
                        for admission due to age or other lack of 
                        capacity.
                    (B) Right of consultation.--Any child described in 
                subparagraph (A) shall have the right to consult with a 
                consular officer from the child's country of 
                nationality or country of last habitual residence prior 
                to repatriation, as well  as consult with the Office, 
telephonically, and such child shall be informed of that right.
            (3) Rule for apprehensions at the border.--The custody of 
        unaccompanied alien children not described in paragraph (2) who 
        are apprehended at the border of the United States or at a 
        United States port of entry shall be treated in accordance with 
        the provisions of subsection (b).
    (b) Custody of Unaccompanied Alien Children Found in the Interior 
of the United States.--
            (1) Establishment of jurisdiction.--
                    (A) In general.--Except as otherwise provided in 
                subsection (a) and subparagraph (B), the custody of all 
                unaccompanied alien children, including responsibility 
                for their detention, where appropriate, shall be under 
                the jurisdiction of the Office.
                    (B) Exception for children who have committed 
                crimes.--Notwithstanding subparagraph (A), the Service 
                shall retain or assume the custody and care of any 
                unaccompanied alien child who--
                            (i) has been charged with any felony, 
                        excluding offenses proscribed by the 
                        Immigration and Nationality Act, while such 
                        charges are pending; or
                            (ii) has been convicted of any such felony.
            (2) Notification.--Upon apprehension of an unaccompanied 
        alien child, the Attorney General shall promptly notify the 
        Office.
            (3) Transfer of unaccompanied alien children.--
                    (A) Transfer to the office.--Not later than 72 
                hours after apprehension of an unaccompanied alien 
                child, the care and custody of such children not 
                described in paragraph (1)(B) shall be transferred to 
                the Office.
                    (B) Transfer of children who have committed 
                crimes.--Upon determining that a child in the custody 
                of the Office is described in paragraph (1)(B), the 
                Director shall promptly make arrangements to transfer 
                the care and custody of such child to the Service.
    (c) Age Determinations.--In any case in which the age of an alien 
is in question and the resolution of questions about such alien's age 
would affect the alien's eligibility for treatment under the provisions 
of this title, a determination of whether such alien meets the age 
requirements of this title shall be made in accordance with the 
provisions of section 325.

SEC. 322. FAMILY REUNIFICATION FOR UNACCOMPANIED ALIEN CHILDREN WITH 
              RELATIVES IN THE UNITED STATES.

    (a) Placement Authority.--
            (1) Order of preference.--Subject to the Attorney General's 
        discretion under paragraph (4) and section 323(a)(2), an 
        unaccompanied alien child in the custody of the Office shall be 
        promptly placed with one of the following individuals in the 
        following order of preference:
                    (A) A parent who seeks to establish custody, as 
                described in paragraph (3)(A).
                    (B) A legal guardian who seeks to establish 
                custody, as described in paragraph (3)(A).
                    (C) An adult relative.
                    (D) An entity designated by the parent or legal 
                guardian that is capable and willing to care for the 
                child's well-being.
                    (E) A State-licensed juvenile shelter, group home, 
                or foster home willing to accept legal custody of the 
                child.
                    (F) A qualified adult or entity seeking custody of 
                the child when it appears that there is no other likely 
                alternative to long-term detention and family 
                reunification does not appear to be a reasonable 
                alternative. For purposes of this subparagraph, the 
                qualification of the adult or entity shall be decided 
                by the Office.
            (2) Home study.--Notwithstanding the provisions of 
        paragraph (1), no unaccompanied alien child shall be placed 
        with a person or entity unless a valid home-study conducted by 
        an agency of the State of the child's proposed residence, by an 
        agency authorized by that State to conduct such a study, or by 
        an appropriate voluntary agency contracted with the Office to 
        conduct such studies has found that the person or entity is 
        capable of providing for the child's physical and mental well-
        being.
            (3) Right of parent or legal guardian to custody of 
        unaccompanied alien child.--
                    (A) Placement with parent or legal guardian.--If an 
                unaccompanied alien child is placed with any person or 
                entity other than a parent or legal guardian, but 
                subsequent to that placement a parent or legal guardian 
                seeks to establish custody, the Director shall assess 
                the suitability of placing the child with the parent or 
                legal guardian and shall make a written determination 
                on the child's placement within 30 days.
                    (B) Rule of construction.--Nothing in this title 
                shall be construed to--
                            (i) supersede obligations under any treaty 
                        or other international agreement to which the 
                        United States is a party, including The Hague 
                        Convention on the Civil Aspects of 
                        International Child Abduction, the Vienna 
                        Declaration and Programme of Action, and the 
                        Declaration of the Rights of the Child; or
                            (ii) limit any right or remedy under such 
                        international agreement.
            (4) Protection from smugglers and traffickers.--The 
        Director shall take steps to ensure that unaccompanied alien 
        children are protected from smugglers, traffickers, or others 
        seeking to victimize or otherwise engage such children in 
        criminal, harmful, or exploitative activity.
            (5) Grants and contracts.--Subject to the availability of 
        appropriations, the Director is authorized to make grants to, 
        and enter into contracts with, voluntary agencies to carry out 
        the provisions of this section.
            (6) Reimbursement of state expenses.--Subject to the 
        availability of appropriations, the Director is authorized to 
        reimburse States for any expenses they incur in providing 
        assistance to unaccompanied alien children who are served 
        pursuant to this title.
    (b) Confidentiality.--All information obtained by the Office 
relating to the immigration status of a person listed in subsection (a) 
shall remain confidential and may be used only for the purposes of 
determining such person's qualifications under subsection (a)(1).

SEC. 323. APPROPRIATE CONDITIONS FOR DETENTION OF UNACCOMPANIED ALIEN 
              CHILDREN.

    (a) Standards for Placement.--
            (1) Prohibition of detention in certain facilities.--Except 
        as provided in paragraph (2), an unaccompanied alien child 
        shall not be placed in an adult detention facility or a 
        facility housing delinquent children.
            (2) Detention in appropriate facilities.--An unaccompanied 
        alien child who has exhibited a violent or criminal behavior 
        that endangers others may be detained in conditions appropriate 
        to the behavior in a facility appropriate for delinquent 
        children.
            (3) State licensure.--In the case of a placement of a child 
        with an entity described in section 322(a)(1)(E), the entity 
        must be licensed by an appropriate State agency to provide 
        residential, group, child welfare, or foster care services for 
        dependent children.
            (4) Conditions of detention.--
                    (A) In general.--At a minimum, the Attorney General 
                shall promulgate regulations incorporating standards 
                for conditions of detention in such placements that 
                provide for--
                            (i) educational services appropriate to the 
                        child;
                            (ii) medical care;
                            (iii) mental health care, including 
                        treatment of trauma;
                            (iv) access to telephones;
                            (v) access to legal services;
                            (vi) access to interpreters;
                            (vii) supervision by professionals trained 
                        in the care of children, taking into account 
                        the special cultural, linguistic, and 
                        experiential needs of children in immigration 
                        proceedings;
                            (viii) recreational programs and 
                        activities;
                            (ix) spiritual and religious needs; and
                            (x) dietary needs.
                    (B) Notification of children.--Such regulations 
                shall provide that all children are notified orally and 
                in writing of such standards.
    (b) Prohibition of Certain Practices.--The Director and the 
Commissioner of Immigration and Naturalization shall develop procedures 
prohibiting the unreasonable use of--
            (1) shackling, handcuffing, or other restraints on 
        children;
            (2) solitary confinement; or
            (3) pat or strip searches.
    (c) Rule of Construction.--Nothing in this section shall be 
construed to supersede procedures favoring release of children to 
appropriate adults or entities or placement in the least secure setting 
possible, as defined in the Stipulated Settlement Agreement under 
Flores v. Reno.

SEC. 324. REPATRIATED UNACCOMPANIED ALIEN CHILDREN.

    (a) Country Conditions.--
            (1) Sense of congress.--It is the sense of Congress that, 
        to the extent consistent with the treaties and other 
        international agreements to which the United States is a party 
        and to the extent practicable, the United States Government 
        should undertake efforts to ensure that it does not repatriate 
        children in its custody into settings that would threaten the 
        life and safety of such children.
            (2) Assessment of conditions.--
                    (A) In general.--In carrying out repatriations of 
                unaccompanied alien children, the Office shall conduct 
                assessments of country conditions to determine the 
                extent to which the country to which a child is being 
                repatriated has a child welfare system capable of 
                ensuring the child's well being.
                    (B) Factors for assessment.--In assessing country 
                conditions, the Office shall, to the maximum extent 
                practicable, examine the conditions specific to the 
                locale of the child's repatriation.
    (b) Report on Repatriation of Unaccompanied Alien Children.--
Beginning not later than 18 months after the date of enactment of this 
Act, and annually thereafter, the Director shall submit a report to the 
Judiciary Committees of the House of Representatives and Senate on the 
Director's efforts to repatriate unaccompanied alien children. Such 
report shall include at a minimum the following information:
            (1) The number of unaccompanied alien children ordered 
        removed and the number of such children actually removed from 
        the United States.
            (2) A description of the type of immigration relief sought 
        and denied to such children.
            (3) A statement of the nationalities, ages, and gender of 
        such children.
            (4) A description of the procedures used to effect the 
        removal of such children from the United States.
            (5) A description of steps taken to ensure that such 
        children were safely and humanely repatriated to their country 
        of origin.
            (6) Any information gathered in assessments of country and 
        local conditions pursuant to subsection (a)(2).

SEC. 325. ESTABLISHING THE AGE OF AN UNACCOMPANIED ALIEN CHILD.

    The Director shall develop procedures that permit the presentation 
and consideration of a variety of forms of evidence, including 
testimony of a child and other persons, to determine an unaccompanied 
alien child's age for purposes of placement, custody, parole, and 
detention. Such procedures shall allow the appeal of a determination to 
an immigration judge. Radiographs shall not be the sole means of 
determining age.

SEC. 326. EFFECTIVE DATE.

    This subtitle shall take effect 180 days after the date of 
enactment of this Act.

  Subtitle C--Access by Unaccompanied Alien Children to Guardians Ad 
                           Litem and Counsel

SEC. 331. RIGHT OF UNACCOMPANIED ALIEN CHILDREN TO GUARDIANS AD LITEM.

    (a) Guardian Ad Litem.--
            (1) Appointment.--The Director shall appoint a guardian ad 
        litem who meets the qualifications described in paragraph (2) 
        for each unaccompanied alien child in the custody of the Office 
        not later than 72 hours after the Office assumes physical or 
        constructive custody of such child. The Director is encouraged, 
        wherever practicable, to contract with a voluntary agency for 
        the selection of an individual to be appointed as a guardian ad 
        litem under this paragraph.
            (2) Qualifications of guardian ad litem.--
                    (A) In general.--No person shall serve as a 
                guardian ad litem who is not--
                            (i) a child welfare professional or other 
                        individual who has received training in child 
                        welfare matters; and
                            (ii) possessing of special training on the 
                        nature of problems encountered by unaccompanied 
                        alien children.
                    (B) Prohibition.--A guardian ad litem shall not be 
                an employee of the Service.
            (3) Duties.--The guardian ad litem shall--
                    (A) conduct interviews with the child in a manner 
                that is appropriate, taking into account the child's 
                age;
                    (B) investigate the facts and circumstances 
                relevant to such child's presence in the United States, 
                including facts and circumstances arising in the 
                country of the child's nationality or last habitual 
                residence and facts and circumstances arising 
                subsequent to the child's departure from such country;
                    (C) work with counsel to identify the child's 
                eligibility for relief from removal or voluntary 
                departure by sharing with counsel information collected 
                under subparagraph (B);
                    (D) develop recommendations on issues relative to 
                the child's custody, detention, release, and 
                repatriation;
                    (E) ensure that the child's best interests are 
                promoted while the child participates in, or is subject 
                to, proceedings or actions under the Immigration and 
                Nationality Act;
                    (F) ensure that the child understands such 
                determinations and proceedings; and
                    (G) report findings and recommendations to the 
                Director and to the Executive Office of Immigration 
                Review.
            (4) Termination of appointment.--The guardian ad litem 
        shall carry out the duties described in paragraph (3) until--
                    (A) those duties are completed,
                    (B) the child departs the United States,
                    (C) the child is granted permanent resident status 
                in the United States,
                    (D) the child attains the age of 18, or
                    (E) the child is placed in the custody of a parent 
                or legal guardian,
        whichever occurs first.
            (5) Powers.--The guardian ad litem--
                    (A) shall have reasonable access to the child, 
                including access while such child is being held in 
                detention or in the care of a foster family;
                    (B) shall be permitted to review all records and 
                information relating to such proceedings that are not 
                deemed privileged or classified;
                    (C) may seek independent evaluations of the child;
                    (D) shall be notified in advance of all hearings 
                involving the child that are held in connection with 
                proceedings under the Immigration and Nationality Act, 
                and shall be given a reasonable opportunity to be 
                present at such hearings; and
                    (E) shall be permitted to consult with the child 
                during any hearing or interview involving such child.
    (b) Training.--The Director shall provide professional training for 
all persons serving as guardians ad litem under this section in the 
circumstances and conditions that unaccompanied alien children face as 
well as in the various immigration benefits for which such a child 
might be eligible.

SEC. 332. RIGHT OF UNACCOMPANIED ALIEN CHILDREN TO COUNSEL.

    (a) Access to Counsel.--
            (1) In general.--The Director shall ensure that all 
        unaccompanied alien children in the custody of the Office or in 
        the custody of the Service who are not described in section 
        321(a)(2) shall have competent counsel to represent them in 
        immigration proceedings or matters.
            (2) Pro bono representation.--To the maximum extent 
        practicable, the Director shall utilize the services of pro 
        bono attorneys who agree to provide representation to such 
        children without charge.
            (3) Government funded representation.--
                    (A) Appointment of competent counsel.--
                Notwithstanding section 292 of the Immigration and 
                Nationality Act (8 U.S.C. 1362) or any other provision 
                of law, when no competent counsel is available to 
                represent an unaccompanied alien child without charge, 
                the Director shall appoint competent counsel for such 
                child at the expense of the Government.
                    (B) Limitation on attorney fees.--Counsel appointed 
                under subparagraph (A) may not be compensated at a rate 
                in excess of the rate provided under section 3006A of 
                title 18, United States Code.
                    (C) Availability of funding.--In carrying out this 
                paragraph, the Director may make use of funds derived 
                from--
                            (i) the premium fee for employment-based 
                        petitions and applications authorized by 
                        section 286(u) of the Immigration and 
                        Nationality Act (8 U.S.C. 1356(u)); or
                            (ii) any other source designated by the 
                        Attorney General from discretionary funds 
                        available to the Department of Justice.
                    (D) Assumption of the cost of government-paid 
                counsel.--In the case of a child for whom counsel is 
                appointed under subparagraph (A) who is subsequently 
                placed in the physical custody of a parent or legal 
                guardian, such parent or legal guardian may elect to 
                retain the same counsel to continue representation of 
                the child, at no expense to the Government, beginning 
                on the date that the parent or legal guardian assumes 
                physical custody of the child.
            (4) Development of necessary infrastructures and systems.--
        In ensuring that legal representation is provided to such 
        children, the Director shall develop the necessary mechanisms 
        to identify entities available to provide such legal assistance 
        and representation and to recruit such entities.
            (5) Contracting and grant making authority.--
                    (A) In general.--Subject to the availability of 
                appropriations, the Director shall enter into contracts 
                with or make grants to national nonprofit agencies with 
                relevant expertise in the delivery of immigration-
                related legal services to children in order to carry 
                out this subsection.
                    (B) Ineligibility for grants and contracts.--In 
                making grants and entering into contracts with such 
                agencies, the Director shall ensure that no such agency 
                is--
                            (i) a grantee or contractee for services 
                        provided under section 322 or 331; and
                            (ii) simultaneously a grantee or contractee 
                        for services provided under subparagraph (A).
    (b) Requirement of Legal Representation.--The Director shall ensure 
that all unaccompanied alien  children have legal representation within 
7 days of the child coming into the custody of the Department of 
Justice.
    (c) Duties.--Counsel shall represent the unaccompanied alien child 
all proceedings and actions relating to the child's immigration status 
or other actions involving the Service and appear in person for all 
individual merits hearings before the Executive Office for Immigration 
Review and interviews involving the Service.
    (d) Access to Child.--
            (1) In general.--Counsel shall have reasonable access to 
        the unaccompanied alien child, including access while the child 
        is being held in detention, in the care of a foster family, or 
        in any other setting that has been determined by the Office.
            (2) Restriction on transfers.--Absent compelling and 
        unusual circumstances, no child who is represented by counsel 
        shall be transferred from the child's placement to another 
        placement unless advance notice of at least 24 hours is made to 
        counsel of such transfer.
    (e) Termination of Appointment.--Counsel shall carry out the duties 
described in subsection (c) until--
            (1) those duties are completed,
            (2) the child departs the United States,
            (3) the child is granted withholding of removal under 
        section 241(b)(3) of the Immigration and Nationality Act,
            (4) the child is granted protection under the Convention 
        Against Torture,
            (5) the child is granted asylum in the United States under 
        section 208 of the Immigration and Nationality Act,
            (6) the child is granted permanent resident status in the 
        United States, or
            (7) the child attains 18 years of age,
        whichever occurs first.
    (f) Notice to Counsel During Immigration Proceedings.--
            (1) In general.--Except when otherwise required in an 
        emergency situation involving the physical safety of the child, 
        counsel shall be given prompt and adequate notice of all 
        immigration matters affecting or involving an unaccompanied 
        alien child, including adjudications, proceedings, and 
        processing, before such actions are taken.
            (2) Opportunity to consult with counsel.--An unaccompanied 
        alien child in the custody of the Office may not give consent 
        to any immigration action, including consenting to voluntary 
        departure, unless first afforded an opportunity to consult with 
        counsel.
    (g) Access to Recommendations of Guardian Ad Litem.--Counsel shall 
be afforded an opportunity to review the recommendation by the guardian 
ad litem affecting or involving a client who is an unaccompanied alien 
child.

SEC. 333. TRANSITIONAL PILOT PROGRAM.

    (a) In General.--Not later than 90 days after the date of enactment 
of this Act, the Attorney General shall establish and begin to carry 
out a transitional pilot program (in this section referred to as the 
``pilot program'') of not more than 90 days in duration to test the 
implementation of the guardian ad litem provisions in section 331 and 
the counsel provisions in section 332(a)(3).
    (b) Purpose.--The purpose of the pilot program is to study and 
assess the most efficient and cost-effective means of implementing the 
guardian ad litem provisions in section 331 and the counsel provisions 
in section 332(a)(3) on a nationwide basis.
    (c) Scope of Program.--
            (1) In general.--The Attorney General shall select three 
        sites in which to operate the pilot program, including at least 
        one secure facility and at least one shelter care facility.
            (2) Eligibility of sites.--To the maximum extent 
        practicable, each such site should have--
                    (A) at least 25 children held in immigration 
                custody at any given time; and
                    (B) an existing pro bono legal representation 
                program for such children.
    (d) References to Director.--For the purpose of operating the pilot 
program, to the extent that such program is operating prior to the 
designation of a Director, the Attorney General may designate any 
officer within the Department of Justice to perform the functions of 
the Director, if that officer is not an employee of the Immigration and 
Naturalization Service.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to operate the pilot 
program.

SEC. 334. EFFECTIVE DATE; APPLICABILITY.

    (a) Effective Date.--
            (1) In general.--Except as provided in paragraph (2), this 
        subtitle shall take effect 180 days after the date of enactment 
        of this Act.
            (2) Exceptions.--Sections 331 and 332(a)(3) shall take 
        effect 270 days after the date of enactment of this Act.
    (b) Applicability.--The provisions of this subtitle shall apply to 
all unaccompanied alien children in the custody of the Department of 
Justice on, before, or after the date of enactment of this Act.

 Subtitle D--Strengthening Policies for Permanent Protection of Alien 
                                Children

SEC. 341. SPECIAL IMMIGRANT JUVENILE VISA.

    (a) J Visa.--Section 101(a)(27)(J) (8 U.S.C. 1101(a)(27)(J)) is 
amended to read as follows:
            ``(J) an immigrant under the age of 18 on the date of 
        application who is present in the United States--
                    ``(i) who has been declared dependent on a juvenile 
                court located in the United States or whom such a court 
                has legally committed to, or placed under the custody 
                of, a department or agency of a State, or an individual 
                or entity appointed by a State, and who has been deemed 
                eligible by that court for long-term foster care due to 
                abuse, neglect, or abandonment, or a similar basis 
                found under State law;
                    ``(ii) for whom it has been determined in 
                administrative or judicial proceedings that it would 
                not be in the alien's best interest to be  returned to 
the alien's or parent's previous country of nationality or country of 
last habitual residence; and
                    ``(iii) for whom the Office of Children's Services 
                of the Department of Justice has certified to the 
                Commissioner that the classification of an alien as a 
                special immigrant under this subparagraph has not been 
                made solely to provide an immigration benefit to that 
                alien;
        except that no natural parent or prior adoptive parent of any 
        alien provided special immigrant status under this subparagraph 
        shall thereafter, by virtue of such parentage, be accorded any 
        right, privilege, or status under this Act;''.
    (b) Adjustment of Status.--Section 245(h)(2) (8 U.S.C. 1255(h)(2)) 
is amended--
            (1) by amending subparagraph (A) to read as follows:
                    ``(A) paragraphs (1), (4), (5), (6), and (7)(A) of 
                section 212(a) shall not apply,'';
            (2) in subparagraph (B), by striking the period and 
        inserting ``, and''; and
            (3) by adding at the end the following new subparagraph:
                    ``(C) the Attorney General may waive paragraphs 
                (2)(A) and (2)(B) in the case of an offense which arose 
                as a consequence of the child being unaccompanied.''.
    (c) Eligibility for Assistance.--A child who has been granted 
relief under section 101(a)(27)(J) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)(27)(J)), as amended by subsection (a), and who is 
in the custody of a State shall be eligible for all funds made 
available under section 412(d) of such Act.

SEC. 342. TRAINING FOR OFFICIALS AND CERTAIN PRIVATE PARTIES WHO COME 
              INTO CONTACT WITH UNACCOMPANIED ALIEN CHILDREN.

    (a) Training of State and Local Officials and Certain Private 
Parties.--The Attorney General, acting jointly with the Secretary of 
Health and Human Services, shall provide appropriate training to be 
available to State and county officials, child welfare specialists, 
teachers, public counsel, and juvenile judges who come into contact 
with unaccompanied alien children. The training shall provide education 
on the processes pertaining to unaccompanied alien children with 
pending immigration status and on the forms of relief potentially 
available. The Director shall be responsible for establishing a core 
curriculum that can be incorporated into currently existing education, 
training, or orientation modules or formats that are currently used by 
these professionals.
    (b) Training of INS Personnel.--The Attorney General shall provide 
specialized training to all personnel of the Service who come into 
contact with unaccompanied alien children. In the case of Border Patrol 
agents and immigration inspectors, such training shall include specific 
training on identifying children at the United States border or at 
United States ports of entry who have been victimized by smugglers or 
traffickers, and children for whom asylum or special immigrant relief 
may be appropriate, including children described in section 321(a)(2).

SEC. 343. EFFECTIVE DATES.

    The amendment made by section 341 shall apply to all eligible 
children who were in the United States before, on, or after the date of 
enactment of this Act.

            Subtitle E--Children Refugee and Asylum Seekers

SEC. 351. GUIDELINES FOR CHILDREN'S ASYLUM CLAIMS.

    (a) Sense of Congress.--Congress commends the Service for its 
issuance of its ``Guidelines for Children's Asylum Claims'', dated 
December 1998, and encourages and supports the Service's implementation 
of such guidelines in an effort to facilitate the handling of 
children's asylum claims. Congress calls upon the Executive Office for 
Immigration Review of the Department of Justice to adopt the 
``Guidelines for Children's Asylum Claims'' in its handling of 
children's asylum claims before immigration judges and the Board of 
Immigration Appeals.
    (b) Training.--The Attorney General shall provide periodic 
comprehensive training under the ``Guidelines for Children's Asylum 
Claims'' to asylum officers, immigration judges, members of the Board 
of Immigration Appeals, and immigration officers who have contact with 
children in order to familiarize and sensitize such officers to the 
needs of children asylum seekers. Voluntary agencies shall be allowed 
to assist in such training.

SEC. 352. EXCEPTIONS FOR UNACCOMPANIED ALIEN CHILDREN IN ASYLUM AND 
              REFUGEE-LIKE CIRCUMSTANCES.

    (a) Exception From Expedited Removal.--Section 235(b)(1)(F) (8 
U.S.C. 1225(b)(1)(F)) is amended by striking ``an alien'' and inserting 
``unaccompanied alien child or an alien''.
    (b) Exception From Time Limit for Filing Asylum Application.--
Section 208(a)(2) (8 U.S.C. 1158(a)(2)) is amended by adding at the end 
the following new subparagraph:
                    ``(E) Subparagraphs (A) and (B) shall not apply to 
                an unaccompanied alien child.''.

SEC. 353. UNACCOMPANIED REFUGEE CHILDREN.

    (a) Identifying Unaccompanied Refugee Children.--Section 207(e) (8 
U.S.C. 1157(e)) is amended--
            (1) by redesignating paragraphs (3), (4), (5), (6), and (7) 
        as paragraphs (4), (5), (6), (7), and (8), respectively; and
            (2) by inserting after paragraph (2) the following new 
        paragraph:
            ``(3) An analysis of the worldwide situation faced by 
        unaccompanied refugee children, by region. Such analysis shall 
        include an assessment of--
                    ``(A) the number of unaccompanied refugee children, 
                by region;
                    ``(B) the capacity of the Department of State to 
                identify such refugees;
                    ``(C) the capacity of the international community 
                to care for and protect such refugees;
                    ``(D) the capacity of the voluntary agency 
                community to resettle such refugees in the United 
                States;
                    ``(E) the degree to which the United States plans 
                to resettle such refugees in the United States in the 
                coming fiscal year; and
                    ``(F) the fate that will befall such unaccompanied 
                refugee children for whom resettlement in the United 
                States is not possible.''.
    (b) Training on the Needs of Unaccompanied Refugee Children.--
Section 207(f)(2) (8 U.S.C. 1157(f)(2)) is amended by--
            (1) striking ``and'' after ``countries,''; and
            (2) inserting before the period at the end the following: 
        ``, and instruction on the needs of unaccompanied refugee 
        children''.

              Subtitle F--Authorization of Appropriations

SEC. 361. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated such sums 
as may be necessary to carry out the provisions of this title.
    (b) Availability of Funds.--Amounts appropriated pursuant to 
subsection (a) are authorized to remain available until expended.

                   TITLE IV--MISCELLANEOUS PROVISIONS

SEC. 401. FUNDING ADJUDICATION AND NATURALIZATION SERVICES.

    (a) Level of Fees.--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''.
    (b) Use of Fees.--
            (1) In general.--Each fee collected for the provision of an 
        adjudication or naturalization service shall be used only to 
        fund adjudication or naturalization services or, subject to the 
        availability of funds provided pursuant to subsection (c), 
        costs of similar services provided without charge to asylum and 
        refugee applicants.
            (2) Prohibition.--No fee may be used to fund adjudication- 
        or naturalization-related audits that are not regularly 
        conducted in the normal course of operation.
    (c) Refugee and Asylum Adjudication Services.--
            (1) Authorization of appropriations.--In addition to such 
        sums as may be otherwise available for such purposes, 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.
            (2) Availability of funds.--Funds appropriated pursuant to 
        paragraph (1) are authorized to remain available until 
        expended.
    (d) Separation of Funding.--
            (1) In general.--There shall be established separate 
        accounts in the Treasury of the United States for appropriated 
        funds and other collections available for the Bureau of 
        Immigration Services and Adjudications and the Bureau of 
        Enforcement and Border Affairs.
            (2) 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.
            (3) Fees not transferable.--No fee may be transferred 
        between the Bureau of Immigration Services and Adjudications 
        and the Bureau of Enforcement and Border Affairs for purposes 
        not authorized by section 286 of the Immigration and 
        Nationality Act, as amended by subsection (a).
    (e) Authorization of Appropriations for Backlog Reduction.--
            (1) In general.--There are authorized to be appropriated 
        such sums as may be necessary for each of the fiscal years 2003 
        through 2006 to carry out the Immigration Services and 
        Infrastructure Improvement Act of 2000 (title II of Public Law 
        106-313).
            (2) Availability of funds.--Amounts appropriated under 
        paragraph (1) are authorized to remain available until 
        expended.
            (3) Infrastructure improvement account.--Amounts 
        appropriated under paragraph (1) shall be deposited into the 
        Immigration Services and Infrastructure Improvements Account 
        established by section 204(a)(2) of title II of Public Law 106-
        313.

SEC. 402. APPLICATION OF INTERNET-BASED TECHNOLOGIES.

    (a) Establishment of On-Line Database.--
            (1) In general.--Not later than one year after the date of 
        the enactment of this Act, the Director, in consultation with 
        the Technology Advisory Committee, shall establish an Internet-
        based system that will permit an immigrant, nonimmigrant, 
        employer, or other person who files with the Attorney General 
        any application, petition, or other request for any benefit 
        under the immigration laws of the United States access to on-
        line information about the processing status of the 
        application, petition, or other request.
            (2) Privacy considerations.--The Director shall consider 
        all applicable privacy issues in the establishment of the 
        Internet system described in paragraph (1). No personally 
        identifying information shall be accessible to unauthorized 
        persons.
            (3) Means of access.--The on-line information under the 
        Internet system described in paragraph (1) shall be accessible 
        to other persons described in subsection (a) through a personal 
        identification number (PIN) or other personalized password.
            (4) Prohibition on fees.--The Director shall not charge any 
        immigrant, nonimmigrant, employer, or other person described in 
        subsection (a) a fee for access to the information in the 
        database that pertains to that person.
    (b) Feasibility Study for On-Line Filing and Improved Processing.--
            (1) On-line filing.--
                    (A) In general.--The Director, in consultation with 
                the Technology Advisory Committee, shall conduct a 
                study to determine the feasibility of on-line filing of 
                the documents described in subsection (a).
                    (B) Study elements.--The study shall--
                            (i) include a review of computerization and 
                        technology of the Immigration and 
                        Naturalization Service (or successor agency) 
                        relating to immigration services and the 
                        processing of such documents;
                            (ii) include an estimate of the time-frame 
                        and costs of implementing on-line filing of 
                        such documents; and
                            (iii) consider other factors in 
                        implementing such a filing system, including 
                        the feasibility of the payment of fees on-line.
            (2) Report.--Not later than one year after the date of the 
        enactment of this Act, the Director shall submit to the 
        Committees on the Judiciary of the Senate and the House of 
        Representatives a report on the findings of the study conducted 
        under this subsection.
    (c) Technology Advisory Committee.--
            (1) Establishment.--Not later than 60 days after the date 
        of the enactment of this Act, the Director shall establish, 
        after consultation with the Committees on the Judiciary of the 
        Senate and the House of Representatives, an advisory committee 
        (in this section referred to as the ``Technology Advisory 
        Committee'') to assist the Director in--
                    (A) establishing the tracking system under 
                subsection (a); and
                    (B) conducting the study under subsection (b).
            (2) Composition.--The Technology Advisory Committee shall 
        be composed of--
                    (A) experts from the public and private sector 
                capable of establishing and implementing the system in 
                an expeditious manner; and
                    (B) representatives of persons or entities who may 
                use the tracking system described in subsection (a) and 
                the on-line filing system described in subsection 
                (b)(1).

SEC. 403. DEPARTMENT OF STATE STUDY ON MATTERS RELATING TO THE 
              EMPLOYMENT OF CONSULAR OFFICERS.

    (a) Findings.--Congress finds that--
            (1) consular officers perform an important role daily, 
        often under difficult conditions, at United States embassies 
        throughout the world; and
            (2) many consular officers, who provide the first line of 
        defense against the admission of undesirable persons into the 
        United States, require appropriate training, supervision, and 
        opportunities for promotion while performing this critical 
        work.
    (b) Study.--The Secretary of State shall conduct a study on matters 
relating to the employment of consular officers of the Department of 
State, including training promotion policies, rotation frequency, level 
of experience and seniority, and level of oversight provided by senior 
personnel.
    (c) Report.--Not later than nine months after the date of enactment 
of this Act, the Secretary shall submit to the Committee on Foreign 
Relations and the Committee on the Judiciary of the Senate and the 
Committee on International Relations and the Committee on the Judiciary 
of the House of Representatives a report containing--
            (1) the findings of the study conducted under subsection 
        (b); and
            (2) recommendations on how to best retain consular officers 
        with the level of training and expertise in visa issuance 
        appropriate to this important function, especially in 
        sensitive, remote, and hostile locations.

SEC. 404. ALTERNATIVES TO DETENTION OF ASYLUM SEEKERS.

    (a) In General.--Chapter 4 of title II of the Immigration and 
Nationality Act (8 U.S.C. 1221 et seq.) is amended by inserting after 
section 236A the following new section:

``SEC. 236B. ALTERNATIVES TO DETENTION OF ASYLUM SEEKERS.

    ``(a) Development of Alternatives to Detention.--The Director 
shall--
            ``(1) authorize and promote the utilization of alternatives 
        to the detention of asylum seekers who do not have nonpolitical 
        criminal records; and
            ``(2) establish conditions for the detention of asylum 
        seekers that ensure a safe and humane environment.
    ``(b) Specific Alternatives for Consideration.--The Director shall 
consider the following specific alternatives to the detention of asylum 
seekers described in subsection (a):
            ``(1) Parole from detention.
            ``(2) For individuals not otherwise qualified for parole 
        under paragraph (1), parole with appearance assistance provided 
        by private nonprofit voluntary agencies with expertise in the 
        legal and social needs of asylum seekers.
            ``(3) For individuals not otherwise qualified for parole 
        under paragraph (1) or (2), non-secure shelter care or group 
        homes operated by private nonprofit voluntary agencies with 
        expertise in the legal and social needs of asylum seekers.
            ``(4) Noninstitutional settings for minors such as foster 
        care or group homes operated by private nonprofit voluntary 
        agencies with expertise in the legal and social needs of asylum 
        seekers.
    ``(c) Regulations.--The Director shall promulgate such regulations 
as may be necessary to carry out this section.
    ``(d) Definition.--In this section, the term `asylum seeker' means 
any applicant for asylum under section 208 or any alien who indicates 
an intention to apply for asylum under that section.''.
    (b) Clerical Amendment.--The table of contents of the Immigration 
and Nationality Act is amended by inserting after the item relating to 
section 236A the following new item:

``Sec. 236B. Alternatives to detention of asylum seekers.''.
                                 <all>