[Congressional Record Volume 148, Number 53 (Thursday, May 2, 2002)]
[Senate]
[Pages S3844-S3857]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
By 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):
S. 2444. 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; to the Committee on the Judiciary.
Mr. KENNEDY. Mr. President, I'm honored to join Senator Brownback and
my other colleagues in introducing the Immigration Reform,
Accountability, and Security Enhancement Act of 2002, which will
strengthen our national security by bringing our immigration system
into the 21st century. Recently, the Senate took an important step by
unanimously passing legislation which strengthens the security of our
borders, improves our ability to screen foreign nationals, and improves
coordination among the several responsible entities. Restructuring the
INS is the next critical step in establishing an agency that can act
effectively and fairly to secure our borders and provide better
services to immigrants.
There is strong bipartisan agreement that the INS must be reformed.
But restructuring must be done correctly. The INS handles the
enforcement of our immigration laws and the adjudication of benefits
and services. INS's dual missions have long suffered under the current
structure.
On the enforcement side, September 11 clearly demonstrated that our
immigration laws are being applied inconsistently. Some of the
terrorists were residing here legally, others had overstayed their
visas, and the status of others is still unknown. Improving the
structure of the INS will help ensure
[[Page S3845]]
greater accountability and the consistent and effective enforcement of
our immigration laws.
The INS service functions have also suffered. Courteous behavior has
too often been the exception, rather than the rule. Application fees
steadily increase, yet poor service and long delays have persisted.
Massive backlogs have forced individuals to languish for years waiting
for their naturalization and permanent resident applications to be
processed. Files have been lost. Fingerprints have expired.
To address the distinct and at times conflicting responsibilities,
successful reform must separate the enforcement functions from the
service and adjudication functions. The result will be increased
accountability and efficiency, as well as clarity of purpose.
But, meaningful reform must also include a strong central authority
to coordinate these dual functions. Our legislation requires that one
high-level person take charge of the Nation's immigration laws to
ensure uniform policy determinations and implementation,
accountability, coordination, and fiscal responsibility. The new
agency's director, like the FBI director, will have direct access to
high-level officials in the executive branch.
I congratulate the House of Representatives for acting quickly and
decisively on restructuring legislation. The House bill abolishes the
Immigration and Naturalization Service and establishes separate bureaus
for services and enforcement which would operate as parallel structures
with limited coordination. An Associate Attorney General would oversee
the two bureaus. The goals of the House bill are very similar to our
bill, and I look forward to working with my colleagues in the House and
the administration to pass effective legislation and put these reforms
into law.
The overarching difference between our two bills is the power and
authority vested in the agency head and the coordination between the
two bureaus. Our bill expands and improves the coordination between the
bureaus through strong central leadership.
The Immigration Reform, Accountability, and Security Enhancement Act
establishes a Director of Immigration Affairs, a Deputy Director
heading the Bureau of Services and Adjudications, and a Deputy Director
heading the Bureau of Enforcement and Border Affairs. The Director will
serve as the principal advisor to the Attorney General in developing
and implementing U.S. immigration law and policy. The Director will be
the strong central authority over the two bureaus, and will be able to
integrate information systems, policies, and administrative
infrastructure.
The coordination and harmonization of policy, services and
enforcement will also be enhanced by the establishment of several
offices which will assist the two bureaus. The General Counsel,
appointed by the Attorney General in consultation with the Agency
Director, will serve as the chief legal officer for the Agency,
providing specialized advice on all legal matters involving U.S.
immigration laws. A Chief Financial Officer will direct, supervise, and
coordinate all budgetary duties for the Agency. A Chief of Policy and
Strategy will promote a national immigration policy, identify
priorities and coordinate policy within the Agency. A Chief of
Congressional, Intergovernmental, and Public Affairs will be the
central liaison with Congress and other Federal agencies, and the
media.
This bill will enhance the accountability of the new Agency and will
renew our national commitment to civil rights in the immigration
process. This bill establishes an autonomous Office of the Ombudsman to
be located within the Department of Justice. The Ombudsman will be
appointed by and report directly to the Attorney General. The Ombudsman
will identify and report on serious or systematic problems encountered
by the public and will assist individuals in resolving problems with
the Agency. The Ombudsman also will report annually to Congress on the
steps taken to correct the problems and propose changes in the
practices of the Agency to correct such problems.
The vital role of statistical information in the modern age is
recognized. This bill establishes a Director of Immigration Statistics,
appointed by the Attorney General, who will report directly to the
Bureau of Justice Statistics of the Department of Justice. Using 21st
century technology, the newly established Office of Immigration
Statistics will not only record and analyze statistical information,
but will also establish standards of reliability and validation and
will coordinate with the Service Bureau, the Enforcement Bureau, and
the Executive Office for Immigration Review.
This legislation also recognizes the need for alternatives to the
detention of asylum seekers. The U.S. asylum program is a bipartisan
success story, it provides new hope and new life for the persecuted and
oppressed and it advances our foreign policy objectives by protecting
human rights and promoting the American dream of opportunity. The
United States is a leader in providing asylum to refugees worldwide.
Still, we constantly need to strive to improve this very important
program. This bill would require the consideration of specific
alternatives to detention, including parole with appearance assistance
provided by private nonprofit voluntary agencies.
Finally, we are including much needed reform to address the treatment
of unaccompanied minors in INS custody. I commend Senator Feinstein's
long-standing commitment to this important issue and am honored to
include her legislation, the Unaccompanied Alien Child Protection Act,
as part of our proposal to restructure the INS. These provisions will
address many of the problems facing unaccompanied minors and will help
bring U.S. treatment of unaccompanied alien children into line with
international standards. The bill establishes a new Office of
Children's Services within the Department of Justice to ensure that
Federal authorities recognize the special needs and circumstances of
unaccompanied alien children when making decisions regarding their
custody and repatriation and ensures that unaccompanied alien children
have access to appoint counsel and guardians ad litem.
This bill is needed to ensure that our nation is prepared to meet the
challenges that are before us. The Immigration Reform, Accountability,
and Security Enhancement Act will help remedy many of the problems that
currently plague the Immigration and Naturalization Service and will
ensure that INS's responsibilities are effectively addressed and
coordinated, executed with efficiency and courtesy, and uphold our
great tradition of immigration and refugee protection.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 2444
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.
[[Page S3846]]
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--
(1) 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.'';
(2) 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
(3) by striking ``Immigration and Naturalization Service'',
``Service'', and ``Service's'' each place they appear and
inserting ``Immigration Affairs Agency'', ``Agency'', and
``Agency's'', respectively.
(4) 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
[[Page S3847]]
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.--
[[Page S3848]]
``(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.
[[Page S3849]]
``(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)
[[Page S3850]]
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
[[Page S3851]]
(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 Affairs
Agency.................................................9601.''.....
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--
[[Page S3852]]
(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
[[Page S3853]]
``(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
[[Page S3854]]
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
[[Page S3855]]
(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.
[[Page S3856]]
(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.
[[Page S3857]]
(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.''.
Mr. BROWNBACK. Mr. President, the attacks of September 11 exposed the
weaknesses in how we protect our borders. Terrorists exploited the
shortcomings in our immigration system and the lack of communication
between the respective agencies that might have detected and deterred
the events of that horrible day.
At the same time, however, September 11 has also brought out the best
of this great Nation. As a people and as a government, we have united
and stood firm in support of our freedom and our principles.
Significantly, September 11 has reaffirmed our Nation's pride in its
immigrant roots. We have not lapsed into xenophobia, nor have we let
terrorism cloud our judgment about the value of our immigrant neighbors
or our visitors. We can take great pride in the fact that the Border
Security bill which this body passed just two weeks ago, was
intelligent and balanced. We were true both to our responsibility to
protect our great Nation from those that mean us harm and our
responsibility to keep our country open to those who mean us well.
We need an agency that is likewise true to both these missions, an
agency that can effectively enforce the immigration laws and provide
timely and competent immigration services. Sadly, the Immigration and
Naturalization Service has failed to perform either mission well, and
restructuring INS has long been on the legislative agenda. While I
deeply respect the hard work that Commissioner Ziglar has put into
reforming that agency, the fact is that the INS requires more fixes
than can be done administratively. The fundamental problems with the
INS compel legislative intervention.
That is why I am honored to join Senator Kennedy, Senator Hatch, and
my other colleagues in introducing the Immigration Reform,
Accountability, and Security Enhancement Act of 2002. I would like to
point out that, as with the border security bill, we have a bipartisan,
balanced, and intelligent bill that will deal effectively with the
challenges that face our Nation. I am proud to be a part of it.
______