[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.

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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.
                                 ______