[House Report 107-413]
[From the U.S. Government Publishing Office]



107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     107-413

======================================================================



 
    BARBARA JORDAN IMMIGRATION REFORM AND ACCOUNTABILITY ACT OF 2002

                                _______
                                

 April 19, 2002.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Sensenbrenner, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 3231]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 3231) to replace the Immigration and Naturalization 
Service with the Agency for Immigration Affairs, and for other 
purposes, having considered the same, reports favorably thereon 
with amendments and recommends that the bill as amended do 
pass.

                                CONTENTS

                                                                   Page
The Amendment....................................................     1
Purpose and Summary..............................................    18
Background and Need for the Legislation..........................    18
Hearings.........................................................    20
Committee Consideration..........................................    20
Vote of the Committee............................................    20
Committee Oversight Findings.....................................    21
Performance Goals and Objectives.................................    21
New Budget Authority and Tax Expenditures........................    23
Congressional Budget Office Cost Estimate........................    23
Constitutional Authority Statement...............................    28
Section-by-Section Analysis and Discussion.......................    28
Changes in Existing Law Made by the Bill, as Reported............    45
Markup Transcript................................................    48
Dissenting Views.................................................   231

    The amendments are as follows:
    Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

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

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

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

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

    (a) Policy Advisor.--
            (1) In general.--There shall be a position of Policy 
        Advisor for the Associate Attorney General for Immigration 
        Affairs.
            (2) Functions.--The Policy Advisor shall be responsible 
        for--
                    (A) providing advice to the Associate Attorney 
                General for Immigration Affairs on all matters relating 
                to immigration and naturalization policy; and
                    (B) coordinating and reconciling the resolution of 
                policy issues by the Bureau of Citizenship and 
                Immigration Services and the Bureau of Immigration 
                Enforcement.
    (b) General Counsel.--
            (1) In general.--There shall be a position of General 
        Counsel to the Associate Attorney General for Immigration 
        Affairs.
            (2) Functions.--The General Counsel shall serve as the 
        principal legal advisor to the Associate Attorney General for 
        Immigration Affairs. The General Counsel shall be responsible 
        for--
                    (A) providing specialized legal advice, opinions, 
                determinations, regulations, and any other assistance 
                to the Associate Attorney General for Immigration 
                Affairs with respect to legal matters affecting the 
                Office of the Associate Attorney General for 
                Immigration Affairs, the Bureau of Citizenship and 
                Immigration Services, or the Bureau of Immigration 
                Enforcement;
                    (B) representing the Bureau of Citizenship and 
                Immigration Services in visa petition appeal 
                proceedings before the Executive Office for Immigration 
                Review and in other legal or administrative proceedings 
                involving immigration services issues; and
                    (C) representing the Bureau of Immigration 
                Enforcement in all exclusion, deportation, or removal 
                proceedings before the Executive Office for Immigration 
                Review, including in proceedings to adjudicate relief 
                from exclusion, deportation, or removal, and in other 
                legal or administrative proceedings involving 
                immigration enforcement issues.
            (3) Limitation.--Paragraph (2) shall not apply to the 
        functions transferred under subsection (h) to the extent that 
        the Associate Attorney General for Immigration Affairs does not 
        delegate such functions to the General Counsel.
    (c) Chief Financial Officer.--
            (1) In general.--There shall be a position of Chief 
        Financial Officer for the Associate Attorney General for 
        Immigration Affairs.
            (2) Functions.--The Chief Financial Officer shall be 
        responsible for--
                    (A) financial management of the Office of the 
                Associate Attorney General for Immigration Affairs, the 
                Bureau of Citizenship and Immigration Services, and the 
                Bureau of Immigration Enforcement and shall have the 
                authorities and functions described in section 902 of 
                title 31, United States Code, in relation to financial 
                activities of such office and bureaus;
                    (B) collecting all payments, fines, and other debts 
                for the Bureau of Citizenship and Immigration Services 
                and the Bureau of Immigration Enforcement; and
                    (C) coordinating all budget and other financial 
                management issues with the Bureau of Citizenship and 
                Immigration Services and the Bureau of Immigration 
                Enforcement.
    (d) Director of Shared Services.--
            (1) In general.--There shall be a position of Director of 
        the Office of Shared Services for the Associate Attorney 
        General for Immigration Affairs.
            (2) Functions.--The Director of the Office of Shared 
        Services shall be responsible for the appropriate allocation 
        and coordination of resources involved in supporting shared 
        support functions for the Bureau of Citizenship and Immigration 
        Services and the Bureau of Immigration Enforcement, including--
                    (A) facilities management;
                    (B) information resources management, including 
                computer databases and information technology;
                    (C) records and file management; and
                    (D) forms management.
    (e) Office of the Ombudsman.--
            (1) Establishment.--
                    (A) In general.--There is established in the Office 
                of the Associate Attorney General for Immigration 
                Affairs an office to be known as the ``Office of the 
                Ombudsman''.
                    (B) Ombudsman.--
                            (i) In general.--The Office of the 
                        Ombudsman shall be under the supervision and 
                        direction of an official to be known as the 
                        ``Ombudsman''. The Ombudsman shall report 
                        directly to the Associate Attorney General for 
                        Immigration Affairs.
                            (ii) Qualifications.--The Ombudsman shall 
                        have a background in customer service as well 
                        as immigration law.
            (2) Functions of office.--The Ombudsman shall perform the 
        functions described in section 5.
    (f) Office of Professional Responsibility and Quality Review.--
            (1) In general.--There is established in the Office of the 
        Associate Attorney General for Immigration Affairs an office to 
        be known as the ``Office of Professional Responsibility and 
        Quality Review''. The head of the Office of Professional 
        Responsibility and Quality Review shall be the Director of the 
        Office of Professional Responsibility and Quality Review. The 
        Director of the Office of Professional Responsibility and 
        Quality Review shall be responsible for--
                    (A) conducting investigations of noncriminal 
                allegations of misconduct, corruption, and fraud 
                involving any employee of the Office of the Associate 
                Attorney General for Immigration Affairs, the Bureau of 
                Citizenship and Immigration Services, or the Bureau of 
                Immigration Enforcement that are not subject to 
                investigation by the Department of Justice Office of 
                the Inspector General;
                    (B) inspecting the operations of the Office of the 
                Associate Attorney General for Immigration Affairs, the 
                Bureau of Citizenship and Immigration Services, and the 
                Bureau of Immigration Enforcement and providing 
                assessments of the quality of the operations of such 
                office and bureaus as a whole and each of their 
                components; and
                    (C) providing an analysis of the management of the 
                Office of the Associate Attorney General for 
                Immigration Affairs, the Bureau of Citizenship and 
                Immigration Services, and the Bureau of Immigration 
                Enforcement.
            (2) Special considerations.--In providing assessments in 
        accordance with paragraph (1)(B) with respect to a decision of 
        the Office of the Associate Attorney General for Immigration 
        Affairs, the Bureau of Citizenship and Immigration Services, or 
        the Bureau of Immigration Enforcement, or any of their 
        components, consideration shall be given to--
                    (A) the accuracy of the findings of fact and 
                conclusions of law used in rendering the decision;
                    (B) any fraud or misrepresentation associated with 
                the decision; and
                    (C) the efficiency with which the decision was 
                rendered.
    (g) Office of Children's Affairs.--
            (1) In general.--There is established within the Office of 
        the Associate Attorney General for Immigration Affairs an 
        office to be known as the ``Office of Children's Affairs''. The 
        head of the Office of Children's Affairs shall be the Director 
        of the Office of Children's Affairs.
            (2) Functions.--
                    (A) In general.--The Director of the Office of 
                Children's Affairs shall be responsible for--
                            (i) coordinating and implementing law and 
                        policy for unaccompanied alien children who 
                        come into the custody of the Department of 
                        Justice;
                            (ii) ensuring that the interests of the 
                        child are considered in decisions and actions 
                        relating to the care and custody of an 
                        unaccompanied alien child;
                            (iii) making placement determinations for 
                        all unaccompanied alien children apprehended by 
                        the Attorney General or who otherwise come into 
                        the custody of the Department of Justice;
                            (iv) implementing the placement 
                        determinations made by the Office;
                            (v) implementing policies with respect to 
                        the care and placement of unaccompanied alien 
                        children;
                            (vi) identifying a sufficient number of 
                        qualified individuals, entities, and facilities 
                        to house unaccompanied alien children;
                            (vii) overseeing the infrastructure and 
                        personnel of facilities in which unaccompanied 
                        alien children reside;
                            (viii) reuniting unaccompanied alien 
                        children with a parent abroad in appropriate 
                        cases;
                            (ix) compiling, updating, and publishing at 
                        least annually a state-by-state list of 
                        professionals or other entities qualified to 
                        provide guardian and attorney representation 
                        services for unaccompanied alien children;
                            (x) maintaining statistical information and 
                        other data on unaccompanied alien children in 
                        the Office's custody and care, which shall 
                        include--
                                    (I) biographical information, such 
                                as a child's name, gender, date of 
                                birth, country of birth, and country of 
                                habitual residence;
                                    (II) the date on which the child 
                                came into the custody of the Department 
                                of Justice;
                                    (III) information relating to the 
                                child's placement, removal, or release 
                                from each facility in which the child 
                                has resided;
                                    (IV) in any case in which the child 
                                is placed in detention or released, an 
                                explanation relating to the detention 
                                or release; and
                                    (V) the disposition of any actions 
                                in which the child is the subject;
                            (xi) collecting and compiling statistical 
                        information from the Office of the Associate 
                        Attorney General, Bureau of Citizenship and 
                        Immigration Services, and Bureau of Enforcement 
                        (including Border Patrol and inspections 
                        officers), on the unaccompanied alien children 
                        with whom they come into contact; and
                            (xii) conducting investigations and 
                        inspections of facilities and other entities in 
                        which unaccompanied alien children reside.
                    (B) Coordination with other entities; no release on 
                own recognizance.--In making determinations described 
                in subparagraph (A)(iii), the Director of the Office of 
                Children's Affairs--
                            (i) shall consult with appropriate juvenile 
                        justice professionals, the Director of the 
                        Bureau of Citizenship and Immigration Services, 
                        and the Director of the Bureau of Immigration 
                        Enforcement to ensure that such determinations 
                        ensure that unaccompanied alien children 
                        described in such subparagraph--
                                    (I) are likely to appear for all 
                                hearings or proceedings in which they 
                                are involved;
                                    (II) are protected from smugglers, 
                                traffickers, or others who might seek 
                                to victimize or otherwise engage them 
                                in criminal, harmful, or exploitive 
                                activity; and
                                    (III) are placed in a setting in 
                                which they not likely to pose a danger 
                                to themselves or others; and
                            (ii) shall not release such children upon 
                        their own recognizance.
                    (C) Transfer of functions.--There are transferred 
                to the Director of the Office of Children's Affairs 
                functions with respect to the care of unaccompanied 
                alien children under the immigration laws of the United 
                States vested by statute in, or performed by, the 
                Commissioner of the Immigration and Naturalization 
                Service (or any officer, employee, or component 
                thereof), immediately before the effective date 
                specified in section 15(a).
                    (D) Duties with respect to foster care.--In 
                carrying out the duties described in subparagraph 
                (A)(vii), the Director of the Office of Children's 
                Affairs shall assess the extent to which it is cost-
                effective to use the refugee children foster care 
                system for the placement of unaccompanied alien 
                children.
            (3) Rule of construction.--Nothing in this subsection may 
        be construed to transfer the responsibility for adjudicating 
        benefit determinations under the Immigration and Nationality 
        Act (8 U.S.C. 1101 et seq.) from the authority of any official 
        of the Office of the Associate Attorney General for Immigration 
        Affairs, the Bureau of Citizenship and Immigration Services, 
        the Bureau of Immigration Enforcement, the Executive Office of 
        Immigration Review, or the Department of State.
            (4) Definition.--As used in this subsection--
                    (A) the term ``placement'' means the placement of 
                an unaccompanied alien child in either a detention 
                facility or an alternative to such a facility; and
                    (B) the term ``unaccompanied alien child'' means a 
                child who--
                            (i) has no lawful immigration status in the 
                        United States;
                            (ii) has not attained 18 years of age; and
                            (iii) with respect to whom--
                                    (I) there is no parent or legal 
                                guardian in the United States; or
                                    (II) no parent or legal guardian in 
                                the United States is available to 
                                provide care and physical custody.
    (h) Transfer of Functions of Office of Immigration Litigation.--
There are transferred from the Assistant Attorney General, Civil 
Division, to the Associate Attorney General for Immigration Affairs all 
functions performed by the Office of Immigration Litigation, and all 
personnel, infrastructure, and funding provided to the Assistant 
Attorney General, Civil Division, in support of such functions, 
immediately before the effective date specified in section 15(a). The 
Associate Attorney General for Immigration Affairs may, in the 
Associate Attorney General's discretion, charge the General Counsel to 
the Associate Attorney General for Immigration Affairs with such 
functions.
    (i) Employee Discipline for Willful Deceit.--The Associate Attorney 
General for Immigration Affairs may, notwithstanding any other 
provision of law, impose disciplinary action, including termination of 
employment, pursuant to policies and procedures applicable to employees 
of the Federal Bureau of Investigation, on any employee of the Office 
of the Associate Attorney General for Immigration Affairs, the Bureau 
of Citizenship and Immigration Services, or the Bureau of Immigration 
Enforcement who willfully deceives the Congress or agency leadership on 
any matter.
    (j) References.--With respect to any function transferred by this 
section or Act to, and exercised on or after the effective date 
specified in section 15(a) by, the Associate Attorney General for 
Immigration Affairs or any other official whose functions are described 
in this section, any reference in any other Federal law, Executive 
order, rule, regulation, or delegation of authority, or any document of 
or pertaining to a component of government from which such function is 
transferred--
            (1) to the head of such component is deemed to refer to the 
        Associate Attorney General for Immigration Affairs; or
            (2) to such component is deemed to refer to the Office of 
        the Associate Attorney for Immigration Affairs.

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

    (a) Establishment of Bureau.--
            (1) In general.--There is established in the Department of 
        Justice a bureau to be known as the ``Bureau of Citizenship and 
        Immigration Services''.
            (2) Director.--The head of the Bureau of Citizenship and 
        Immigration Services shall be the Director of the Bureau of 
        Citizenship and Immigration Services, who--
                    (A) shall report directly to the Associate Attorney 
                General for Immigration Affairs; and
                    (B) shall have a minimum of 10 years professional 
                experience in the rendering of adjudications on the 
                provision of government benefits or services, at least 
                5 of which shall have been years of service in a 
                managerial capacity or in a position affording 
                comparable management experience.
            (3) Functions.--The Director of the Bureau of Citizenship 
        and Immigration Services--
                    (A) shall establish the policies for performing 
                such functions as are transferred to the Director by 
                this section or this Act or otherwise vested in the 
                Director by law;
                    (B) shall oversee the administration of such 
                policies;
                    (C) shall advise the Associate Attorney General for 
                Immigration Affairs with respect to any policy or 
                operation of the Bureau of Citizenship and Immigration 
                Services that may affect the Bureau of Immigration 
                Enforcement, including potentially conflicting policies 
                or operations;
                    (D) shall meet regularly with the Ombudsman to 
                correct serious service problems identified by the 
                Ombudsman; and
                    (E) shall establish procedures requiring a formal 
                response to any recommendations submitted in the 
                Ombudsman's annual report to the Congress within 3 
                months after its submission to the Congress.
            (4) Student visa programs.--The Director of the Bureau of 
        Citizenship and Immigration Services shall designate an 
        official to be responsible for administering student visa 
        programs and the Student and Exchange Visitor Information 
        System established under section 641 of the Illegal Immigration 
        Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
        1372), and successor programs and systems, until September 30, 
        2004. The Director may continue such policy after September 30, 
        2004, at the Director's discretion. The Director shall provide 
        any information collected by the Student and Exchange Visitor 
        Information System to the Director of the Bureau of Immigration 
        Enforcement that is necessary for the performance of the 
        functions of the Bureau of Immigration Enforcement.
    (b) Transfer of Functions From Commissioner.--There are transferred 
from the Commissioner of the Immigration and Naturalization Service to 
the Director of the Bureau of Citizenship and Immigration Services the 
following functions, and all personnel, infrastructure, and funding 
provided to the Commissioner in support of such functions immediately 
before the effective date specified in section 15(a):
            (1) Adjudications of nonimmigrant and immigrant visa 
        petitions.
            (2) Adjudications of naturalization petitions.
            (3) Adjudications of asylum and refugee applications.
            (4) Adjudications performed at service centers.
            (5) All other adjudications performed by the Immigration 
        and Naturalization Service immediately before the effective 
        date specified in section 15(a).
    (c) Office of Policy and Strategy.--There is established in the 
Bureau of Citizenship and Immigration Services an office to be known as 
the ``Office of Policy and Strategy''. The head of the Office of Policy 
and Strategy shall be the Chief of the Office of Policy and Strategy. 
In consultation with Bureau of Citizenship and Immigration Services 
personnel in field offices, the Chief of the Office of Policy and 
Strategy shall be responsible for--
            (1) establishing national immigration services policies and 
        priorities;
            (2) performing policy research and analysis on immigration 
        services issues; and
            (3) coordinating immigration policy issues with the Chief 
        of the Office of Policy and Strategy for the Bureau of 
        Immigration Enforcement and the Associate Attorney General for 
        Immigration Affairs through the Policy Advisor for the 
        Associate Attorney General for Immigration Affairs, as 
        appropriate.
    (d) Legal Advisor.--There may be a position of Legal Advisor for 
the Bureau of Citizenship and Immigration Services.
    (e) Chief Budget Officer for Bureau of Citizenship and Immigration 
Services.--There shall be a position of Chief Budget Officer for the 
Bureau of Citizenship and Immigration Services. The Chief Budget 
Officer shall be responsible for formulating and executing the budget 
of the Bureau of Citizenship and Immigration Services. The Chief Budget 
Officer shall report to the Director of the Bureau of Citizenship and 
Immigration Services and shall provide information to, and coordinate 
resolution of relevant issues with, the Chief Financial Officer for the 
Associate Attorney General for Immigration Affairs.
    (f) Office of Congressional, Intergovernmental, and Public 
Affairs.--There is established in the Bureau of Citizenship and 
Immigration Services an office to be known as the ``Office of 
Congressional, Intergovernmental, and Public Affairs''. The head of 
such office shall be the Chief of the Office of Congressional, 
Intergovernmental, and Public Affairs. The Chief shall be responsible 
for--
            (1) providing information relating to immigration services 
        to the Congress, including information on specific cases 
        relating to immigration services;
            (2) serving as a liaison with other Federal agencies on 
        immigration services issues; and
            (3) responding to inquiries from the media and general 
        public on immigration services issues.
    (g) Office of Citizenship.--There is established in the Bureau of 
Citizenship and Immigration Services an office to be known as the 
``Office of Citizenship''. The head of such office shall be the Chief 
of the Office of Citizenship. The Chief shall be responsible for 
promoting instruction and training on citizenship responsibilities for 
aliens interested in becoming naturalized citizens of the United 
States, including the development of educational materials.
    (h) Sectors.--Headed by sector directors, and located in 
appropriate geographic locations, sectors of the Bureau of Citizenship 
and Immigration Services shall be responsible for directing all aspects 
of the operations of the Bureau of Citizenship and Immigration Services 
within their assigned geographic areas of activity. Sector directors 
shall provide general guidance and supervision to the field offices of 
the Bureau of Citizenship and Immigration Services within their 
sectors.
    (i) Field Offices.--Headed by field directors, who may be assisted 
by deputy field directors, field offices of the Bureau of Citizenship 
and Immigration Services shall be responsible for assisting the 
Director of the Bureau of Citizenship and Immigration Services in 
carrying out the Director's functions. Field directors shall be subject 
to the general supervision and direction of their respective sector 
director, except that field directors outside of the United States 
shall be subject to the general supervision and direction of the 
Director of the Bureau of Citizenship and Immigration Services. All 
field directors shall remain accountable to, and receive their 
authority from, the Director of the Bureau of Citizenship and 
Immigration Services, in order to ensure consistent application and 
implementation of policies nationwide.
    (j) Service Centers.--Headed by service center directors, service 
centers of the Bureau of Citizenship and Immigration Services shall be 
responsible for assisting the Director of the Bureau of Citizenship and 
Immigration Services in carrying out the Director's functions that can 
be effectively carried out at remote locations. Service center 
directors are subject to the general supervision and direction of their 
respective sector director, except that all service center directors 
shall remain accountable to, and receive their authority from, the 
Director of the Bureau of Citizenship and Immigration Services, in 
order to ensure consistent application and implementation of policies 
nationwide.
    (k) Transfer and Removal.--Notwithstanding any other provision of 
law, the Director of the Bureau of Citizenship and Immigration Services 
may, in the Director's discretion, transfer or remove any sector 
director, field director, or service center director.
    (l) Mission.--It shall be the mission of the field offices and 
service centers of the Bureau of Citizenship and Immigration Services 
to directly and consistently follow all instructions and guidelines of 
the Director of the Bureau of Citizenship and Immigration Services and 
the Associate Attorney General for Immigration Affairs in order to 
ensure the development of a cohesive and consistent national 
immigration policy.
    (m) References.--With respect to any function transferred by this 
section or Act to, and exercised on or after the effective date 
specified in section 15(a) by, the Director of the Bureau of 
Citizenship and Immigration Services, any reference in any other 
Federal law, Executive order, rule, regulation, or delegation of 
authority, or any document of or pertaining to a component of 
government from which such function is transferred--
            (1) to the head of such component is deemed to refer to the 
        Director of the Bureau of Citizenship and Immigration Services; 
        or
            (2) to such component is deemed to refer to the Bureau of 
        Citizenship and Immigration Services.

SEC. 5. OFFICE OF THE OMBUDSMAN.

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

SEC. 6. ESTABLISHMENT OF BUREAU OF IMMIGRATION ENFORCEMENT.

    (a) Establishment of Bureau.--
            (1) In general.--There is established in the Department of 
        Justice a bureau to be known as the ``Bureau of Immigration 
        Enforcement''.
            (2) Director.--The head of the Bureau of Immigration 
        Enforcement shall be the Director of the Bureau of Immigration 
        Enforcement, who--
                    (A) shall report directly to the Associate Attorney 
                General for Immigration Affairs; and
                    (B) shall have a minimum of 10 years professional 
                experience in law enforcement, at least 5 of which 
                shall have been years of service in a managerial 
                capacity.
            (3) Functions.--The Director of the Bureau of Immigration 
        Enforcement--
                    (A) shall establish the policies for performing 
                such functions as are transferred to the Director by 
                this section or this Act or otherwise vested in the 
                Director by law;
                    (B) shall oversee the administration of such 
                policies; and
                    (C) shall advise the Associate Attorney General for 
                Immigration Affairs with respect to any policy or 
                operation of the Bureau of Immigration Enforcement that 
                may affect the Bureau of Citizenship and Immigration 
                Services, including potentially conflicting policies or 
                operations.
    (b) Transfer of Functions.--There are transferred from the 
Commissioner of the Immigration and Naturalization Service to the 
Director of the Bureau of Immigration Enforcement all functions 
performed under the following programs, and all personnel, 
infrastructure, and funding provided to the Commissioner in support of 
such programs immediately before the effective date specified in 
section 15(a):
            (1) The Border Patrol program.
            (2) The detention and removal program.
            (3) The intelligence program.
            (4) The investigations program.
            (5) The inspections program.
    (c) Office of Policy and Strategy.--There is established in the 
Bureau of Immigration Enforcement an office to be known as the ``Office 
of Policy and Strategy''. The head of the Office of Policy and Strategy 
shall be the Chief of the Office of Policy and Strategy. In 
consultation with Bureau of Immigration Enforcement personnel in field 
offices, the Chief of the Office of Policy and Strategy shall be 
responsible for--
            (1) establishing national immigration enforcement policies 
        and priorities;
            (2) performing policy research and analysis on immigration 
        enforcement issues; and
            (3) coordinating immigration policy issues with the Chief 
        of the Office of Policy and Strategy for the Bureau of 
        Citizenship and Immigration Services and the Associate Attorney 
        General for Immigration Affairs through the Policy Advisor for 
        the Associate Attorney General for Immigration Affairs, as 
        appropriate.
    (d) Legal Advisor.--There may be a position of Legal Advisor for 
the Bureau of Immigration Enforcement.
    (e) Chief Budget Officer for the Bureau of Immigration 
Enforcement.--There shall be a position of Chief Budget Officer for the 
Bureau of Immigration Enforcement. The Chief Budget Officer shall be 
responsible for formulating and executing the budget of the Bureau of 
Immigration Enforcement. The Chief Budget Officer shall report to the 
Director of the Bureau of Immigration Enforcement and shall provide 
information to, and coordinate resolution of relevant issues with, the 
Chief Financial Officer for the Associate Attorney General for 
Immigration Affairs.
    (f) Office of Congressional, Intergovernmental, and Public 
Affairs.--There is established in the Bureau of Immigration Enforcement 
an office to be known as the ``Office of Congressional, 
Intergovernmental, and Public Affairs''. The head of such office shall 
be the Chief of the Office of Congressional, Intergovernmental, and 
Public Affairs. The Chief shall be responsible for--
            (1) providing information relating to immigration 
        enforcement to the Congress, including information on specific 
        cases relating to immigration enforcement;
            (2) serving as a liaison with other Federal agencies on 
        immigration enforcement issues; and
            (3) responding to inquiries from the media and the general 
        public on immigration enforcement issues.
    (g) Sectors.--Headed by sector directors, and located in 
appropriate geographic locations, sectors of the Bureau of Immigration 
Enforcement shall be responsible for directing all aspects of the 
operations of the Bureau of Immigration Enforcement within their 
assigned geographic areas of activity. Sector directors shall provide 
general guidance and supervision to the field offices of the Bureau of 
Immigration Enforcement within their sectors.
    (h) Field Offices.--Headed by field directors, who may be assisted 
by deputy field directors, field offices of the Bureau of Immigration 
Enforcement shall be responsible for assisting the Director of the 
Bureau of Immigration Enforcement in carrying out the Director's 
functions. Field directors shall be subject to the general supervision 
and direction of their respective sector director, except that field 
directors outside of the United States shall be subject to the general 
supervision and direction of the Director of the Bureau of Immigration 
Enforcement. All field directors shall remain accountable to, and 
receive their authority from, the Director of the Bureau of Immigration 
Enforcement, in order to ensure consistent application and 
implementation of policies nationwide. There shall be a field office of 
the Bureau of Immigration Enforcement situated in at least every 
location where there is situated a field office of the Bureau of 
Citizenship and Immigration Services.
    (i) Border Patrol Sectors.--Headed by chief patrol agents, who may 
be assisted by deputy chief patrol agents, border patrol sectors of the 
Bureau of Immigration Enforcement shall be responsible for the 
enforcement of the Immigration and Nationality Act (8 U.S.C. 1101 et 
seq.) and all other laws relating to immigration and naturalization 
within their assigned geographic areas of activity, unless any such 
power and authority is required to be exercised by higher authority or 
has been exclusively delegated to another immigration official or class 
of immigration officer. Chief patrol agents are subject to the general 
supervision and direction of their respective sector director, except 
that they shall remain accountable to, and receive their authority 
from, the Director of the Bureau of Immigration Enforcement, in order 
to ensure consistent application and implementation of policies 
nationwide.
    (j) Transfer and Removal.--Notwithstanding any other provision of 
law, the Director of the Bureau of Immigration Enforcement may, in the 
Director's discretion, transfer or remove any sector director, field 
director, or chief patrol officer.
    (k) References.--With respect to any function transferred by this 
section or Act to, and exercised on or after the effective date 
specified in section 15(a) by, the Director of the Bureau of 
Immigration Enforcement, any reference in any other Federal law, 
Executive order, rule, regulation, or delegation of authority, or any 
document of or pertaining to a component of government from which such 
function is transferred--
            (1) to the head of such component is deemed to refer to the 
        Director of the Bureau of Immigration Enforcement; or
            (2) to such component is deemed to refer to the Bureau of 
        Immigration Enforcement.

SEC. 7. OFFICE OF IMMIGRATION STATISTICS WITHIN BUREAU OF JUSTICE 
                    STATISTICS.

    (a) In General.--Part C of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3731 et seq.) is amended by adding 
at the end the following:
                   ``office of immigration statistics
    ``Sec. 305. (a) There is established within the Bureau of Justice 
Statistics of the Department of Justice an Office of Immigration 
Statistics (in this section referred to as the `Office'), which shall 
be headed by a Director who shall be appointed by the Attorney General 
and who shall report to the Director of Justice Statistics.
    ``(b) The Director of the Office shall be responsible for the 
following:
            ``(1) Maintenance of all immigration statistical 
        information of the Office of the Associate Attorney General for 
        Immigration Affairs, the Bureau of Citizenship and Immigration 
        Services, the Bureau of Immigration Enforcement, and the 
        Executive Office for Immigration Review. Such statistical 
        information shall include information and statistics of the 
        type contained in the publication entitled `Statistical 
        Yearbook of the Immigration and Naturalization Service' 
        prepared by the Immigration and Naturalization Service (as in 
        effect on the day prior to the effective date specified in 
        section 15(a) of the Barbara Jordan Immigration Reform and 
        Accountability Act of 2002).
            ``(2) Establishment of standards of reliability and 
        validity for immigration statistics collected by the Office of 
        the Associate Attorney General for Immigration Affairs, the 
        Bureau of Citizenship and Immigration Services, the Bureau of 
        Immigration Enforcement, and the Executive Office for 
        Immigration Review.
    ``(c) The Office of the Associate Attorney General for Immigration 
Affairs, the Bureau of Citizenship and Immigration Services, the Bureau 
of Immigration Enforcement, and the Executive Office for Immigration 
Review shall provide statistical information to the Office of 
Immigration Statistics from the operational data systems controlled by 
the Office of the Associate Attorney General for Immigration Affairs, 
the Bureau of Citizenship and Immigration Services, the Bureau of 
Immigration Enforcement, and the Executive Office for Immigration 
Review, respectively, for the purpose of meeting the responsibilities 
of the Director.''.
    (b) Transfer of Functions.--There are transferred to the Office of 
Immigration Statistics established under section 305 of the Omnibus 
Crime Control and Safe Streets Act of 1968, as added by subsection (a), 
the functions performed by the Statistics Branch of the Office of 
Policy and Planning of the Immigration and Naturalization Service on 
the day before the effective date specified in section 15(a).
    (c) Conforming Amendments.--Section 302(c) of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3732(c)) is amended--
            (1) by striking ``and'' at the end of paragraph (22);
            (2) by striking the period at the end of paragraph (23) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(24) collect, maintain, compile, analyze, publish, and 
        disseminate information and statistics about immigration in the 
        United States, including information and statistics involving 
        the functions of the Office of the Associate Attorney General 
        for Immigration Affairs, the Bureau of Citizenship and 
        Immigration Services, the Bureau of Immigration Enforcement, 
        and the Executive Office for Immigration Review.''.

SEC. 8. EXERCISE OF AUTHORITIES.

    (a) In General.--Except as otherwise provided by law, a Federal 
official to whom a function is transferred by this Act may, for 
purposes of performing the function, exercise all authorities under any 
other provision of law that were available with respect to the 
performance of that function to the official responsible for the 
performance of the function immediately before the effective date 
specified in section 15(a).
    (b) Preservation of Attorney General's Authority.--
            (1) In general.--Any function for which this Act vests 
        responsibility in an official other than the Attorney General, 
        or which is transferred by this Act to such an official, may, 
        notwithstanding any provision of this Act, be performed by the 
        Attorney General, or the Attorney General's delegate, in lieu 
        of such official.
            (2) References.--In a case in which the Attorney General 
        performs a function described in paragraph (1), any reference 
        in any other Federal law, Executive order, rule, regulation, 
        document, or delegation of authority to the official otherwise 
        responsible for the function is deemed to refer to the Attorney 
        General.
    (c) Statutory Construction.--Nothing in this Act may be construed 
to preclude or limit in any way the powers, authorities, or duties of 
the Secretary of State and special agents of the Department of State 
and the Foreign Service under the State Department Basic Authorities 
Act of 1956 (22 U.S.C. 2651 note), the Immigration and Nationality Act 
(8 U.S.C. 1101 et seq.), or any other Act, to investigate illegal 
passport or visa issuance or use.

SEC. 9. SAVINGS PROVISIONS.

    (a) Legal Documents.--All orders, determinations, rules, 
regulations, permits, grants, loans, contracts, agreements, recognition 
of labor organizations, certificates, licenses, and privileges--
            (1) that have been issued, made, granted, or allowed to 
        become effective by the President, the Attorney General, the 
        Commissioner of the Immigration and Naturalization Service, 
        their delegates, or any other Government official, or by a 
        court of competent jurisdiction, in the performance of any 
        function that is transferred by this Act; and
            (2) that are in effect on the effective date of such 
        transfer (or become effective after such date pursuant to their 
        terms as in effect on such effective date),
shall continue in effect according to their terms until modified, 
terminated, superseded, set aside, or revoked in accordance with law by 
the President, any other authorized official, a court of competent 
jurisdiction, or operation of law.
    (b) Proceedings.--Sections 4 and 6 and this section shall not 
affect any proceedings or any application for any benefit, service, 
license, permit, certificate, or financial assistance pending on the 
effective date specified in section 15(a) before an office whose 
functions are transferred by this Act, but such proceedings and 
applications shall be continued. Orders shall be issued in such 
proceedings, appeals shall be taken therefrom, and payments shall be 
made pursuant to such orders, as if this Act had not been enacted, and 
orders issued in any such proceeding shall continue in effect until 
modified, terminated, superseded, or revoked by a duly authorized 
official, by a court of competent jurisdiction, or by operation of law. 
Nothing in this section shall be considered to prohibit the 
discontinuance or modification of any such proceeding under the same 
terms and conditions and to the same extent that such proceeding could 
have been discontinued or modified if this section had not been 
enacted.
    (c) Suits.--This Act shall not affect suits commenced before the 
effective date specified in section 15(a), and in all such suits, 
proceedings shall be had, appeals taken, and judgments rendered in the 
same manner and with the same effect as if this Act had not been 
enacted.
    (d) Nonabatement of Actions.--No suit, action, or other proceeding 
commenced by or against the Department of Justice or the Immigration 
and Naturalization Service, or by or against any individual in the 
official capacity of such individual as an officer or employee in 
connection with a function transferred by this Act, shall abate by 
reason of the enactment of this Act.
    (e) Continuance of Suits.--If any Government officer in the 
official capacity of such officer is party to a suit with respect to a 
function of the officer, and under this Act (or an amendment made by 
this Act) such function is transferred to any other officer or office, 
then such suit shall be continued with the other officer or the head of 
such other office, as applicable, substituted or added as a party.
    (f) Administrative Procedure and Judicial Review.--Except as 
otherwise provided by this Act, any statutory requirements relating to 
notice, hearings, action upon the record, or administrative or judicial 
review that apply to any function transferred by this Act shall apply 
to the exercise of such function by the head of the office, and other 
officers of the office, to which such function is transferred by this 
Act.

SEC. 10. TRANSFER AND ALLOCATION OF APPROPRIATIONS AND PERSONNEL.

    (a) In General.--The personnel of the Department of Justice 
employed in connection with the functions transferred by this Act (and 
functions that the Attorney General determines are properly related to 
the functions of the Bureau of Citizenship and Immigration Services or 
the Bureau of Immigration Enforcement and would, if transferred, 
further the purposes of the bureau to which the function is 
transferred), and the assets, liabilities, contracts, property, 
records, and unexpended balance of appropriations, authorizations, 
allocations, and other funds employed, held, used, arising from, 
available to, or to be made available to, the Immigration and 
Naturalization Service or the Office of Immigration Litigation of the 
Civil Division in connection with the functions transferred by this 
Act, subject to section 202 of the Budget and Accounting Procedures Act 
of 1950, shall be transferred to the Associate Attorney General for 
Immigration Affairs for allocation to the appropriate component or 
bureau. Unexpended funds transferred pursuant to this subsection shall 
be used only for the purposes for which the funds were originally 
authorized and appropriated. The Attorney General shall have the right 
to adjust or realign transfers of funds and personnel effected pursuant 
to this Act for a period of 2 years after the effective date specified 
in section 15(a).
    (b) Delegation and Assignment.--Except as otherwise expressly 
prohibited by law or otherwise provided in this Act, of the Associate 
Attorney General for Immigration Affairs, the Director of the Bureau of 
Citizenship and Immigration Services, and the Director of the Bureau of 
Immigration Enforcement, the person to whom functions are transferred 
under this Act may delegate any of the functions so transferred to such 
officers and employees of the Office of the Associate Attorney General 
for Immigration Affairs, the Bureau of Citizenship and Immigration 
Services, or the Bureau of Immigration Enforcement, respectively, as 
the person may designate, and may authorize successive redelegations of 
such functions as may be necessary or appropriate. No delegation of 
functions under this subsection or under any other provision of this 
Act shall relieve the official to whom a function is transferred under 
this Act of responsibility for the administration of the function.
    (c) Authorities of Attorney General.--The Attorney General (or a 
delegate of the Attorney General), at such time or times as the 
Attorney General (or the delegate) shall provide, may make such 
determinations as may be necessary with regard to the functions 
transferred by this Act, and may make such additional incidental 
dispositions of personnel, assets, liabilities, grants, contracts, 
property, records, and unexpended balances of appropriations, 
authorizations, allocations, and other funds held, used, arising from, 
available to, or to be made available in connection with such 
functions, as may be necessary to carry out the provisions of this Act. 
The Attorney General shall provide for such further measures and 
dispositions as may be necessary to effectuate the purposes of this 
Act.
    (d) Databases.--The Associate Attorney General for Immigration 
Affairs shall ensure that the databases of the Office of the Associate 
Attorney General for Immigration Affairs and those of the Bureau of 
Citizenship and Immigration Services and the Bureau of Immigration 
Enforcement are integrated with the databases of the Executive Office 
for Immigration Review in such a way as to permit--
            (1) the electronic docketing of each case by date of 
        service upon the alien of the notice to appear in the case of a 
        removal proceeding (or an order to show cause in the case of a 
        deportation proceeding, or a notice to alien in the case of an 
        exclusion proceeding); and
            (2) the tracking of the status of any alien throughout the 
        alien's contact with United States immigration authorities, 
        without regard to whether the entity with jurisdiction over the 
        alien is the Bureau of Citizenship and Immigration Services, 
        the Bureau of Immigration Enforcement, or the Executive Office 
        for Immigration Review.

SEC. 11. AUTHORIZATION OF APPROPRIATIONS; PROHIBITION ON TRANSFER OF 
                    FEES; LEASING OR ACQUISITION OF PROPERTY; SENSE OF 
                    CONGRESS.

    (a) Authorization of Appropriations for Transition.--
            (1) In general.--There are authorized to be appropriated 
        such sums as may be necessary to effect the abolition of the 
        Immigration and Naturalization Service, the establishment of 
        the Office of the Associate Attorney General for Immigration 
        Affairs, the Bureau of Citizenship and Immigration Services, 
        and the Bureau of Immigration Enforcement and their components, 
        and the transfers of functions required to be made under this 
        Act (and the amendments made by this Act), and to carry out any 
        other duty related to the reorganization of the immigration and 
        naturalization functions that is made necessary by this Act (or 
        any such amendment).
            (2) Availability of funds.--Amounts appropriated under 
        paragraph (1) shall remain available until expended.
            (3) Transition account.--
                    (A) Establishment.--There is established in the 
                general fund of the Treasury of the United States a 
                separate account, which shall be known as the 
                ``Immigration Reorganization Transition Account'' (in 
                this paragraph referred to as the ``Account'').
                    (B) Use of account.--There shall be deposited into 
                the Account all amounts appropriated under paragraph 
                (1).
                    (C) Advanced availability of funds.--To the extent 
                provided in appropriations Acts, funds in the Account 
                shall be available for expenditure before the effective 
                date specified in section 15(a).
    (b) Separation of Funding.--
            (1) In general.--There shall be established separate 
        accounts in the Treasury of the United States for appropriated 
        funds and other deposits available for the Bureau of 
        Citizenship and Immigration Services and the Bureau of 
        Immigration Enforcement.
            (2) Separate budgets.--To ensure that the Bureau of 
        Citizenship and Immigration Services and the Bureau of 
        Immigration Enforcement are funded to the extent necessary to 
        fully carry out their respective functions, the Director of the 
        Office of Management and Budget shall separate the budget 
        requests for each such entity.
            (3) Fees.--Fees imposed for a particular service, 
        application, or benefit shall be deposited into the account 
        established under paragraph (1) that is for the bureau with 
        jurisdiction over the function to which the fee relates.
            (4) Fees not transferable.--No fee may be transferred 
        between the Bureau of Citizenship and Immigration Services and 
        the Bureau of Immigration Enforcement for purposes not 
        authorized by section 286 of the Immigration and Nationality 
        Act (8 U.S.C. 1356).
            (5) Establishment of fees for adjudication and 
        naturalization services.--Section 286(m) of the Immigration and 
        Nationality Act (8 U.S.C. 1356(m)) is amended by striking 
        ``services, including the costs of similar services provided 
        without charge to asylum applicants or other immigrants.'' and 
        inserting ``services.''.
            (6) Authorization of appropriations for refugee and asylum 
        adjudications.--There are authorized to be appropriated such 
        sums as may be necessary to carry out the provisions of 
        sections 207 through 209 of the Immigration and Nationality Act 
        (8 U.S.C. 1157-1159). All funds appropriated under this 
        paragraph shall be deposited into the Immigration Examinations 
        Fee Account established under section 286(m) of the Immigration 
        and Nationality Act (8 U.S.C. 1356(m)) and shall remain 
        available until expended.
    (c) Leasing or Acquisition of Property.--Notwithstanding the 
Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 
et seq.), the Attorney General is authorized to expend, from the 
appropriation provided for the administration and enforcement of the 
Immigration and Nationality Act (8 U.S.C. 1101 et seq.), such amounts 
as may be necessary for the leasing or acquisition of property in the 
fulfillment of establishing the Office of the Associate Attorney 
General for Immigration Affairs, the Bureau of Citizenship and 
Immigration Services, and the Bureau of Immigration Enforcement under 
this Act.
    (d) Sense of Congress.--It is the sense of the Congress that--
            (1) the missions of the Office of the Associate Attorney 
        General for Immigration Affairs, the Bureau of Citizenship and 
        Immigration Services, and the Bureau of Immigration Enforcement 
        are equally important and, accordingly, they each should be 
        adequately funded; and
            (2) the functions of the Associate Attorney General for 
        Immigration Affairs described in section 3, the immigration 
        adjudication and service functions referred to in section 4, 
        and the immigration enforcement functions referred to in 
        section 6 should not operate at levels below that in existence 
        prior to the enactment of this Act.
    (e) Elimination of Limitation on Expenditures for Backlog 
Reduction.--Section 204(b) of the Immigration Services and 
Infrastructure Improvements Act of 2000 (8 U.S.C. 1573(b)) is amended 
by striking paragraph (4).

SEC. 12. REPORTS AND IMPLEMENTATION PLANS.

    (a) Division of Funds.--The Attorney General, not later than 120 
days after the date of the enactment of this Act, shall submit to the 
Committees on Appropriations and the Judiciary of the United States 
House of Representatives and of the Senate a report on the proposed 
division and transfer of funds, including unexpended funds, 
appropriations, and fees, among the Office of the Associate Attorney 
General for Immigration Affairs, the Bureau of Citizenship and 
Immigration Services, and the Bureau of Immigration Enforcement.
    (b) Division of Personnel.--The Attorney General, not later than 
120 days after the date of the enactment of this Act, shall submit to 
the Committees on Appropriations and the Judiciary of the United States 
House of Representatives and of the Senate a report on the proposed 
division of personnel among the Office of the Associate Attorney 
General for Immigration Affairs, the Bureau of Citizenship and 
Immigration Services, and the Bureau of Immigration Enforcement.
    (c) Implementation Plan.--
            (1) In general.--The Attorney General, not later than 120 
        days after the date of the enactment of this Act, and every 6 
        months thereafter until the termination of fiscal year 2005, 
        shall submit to the Committees on Appropriations and the 
        Judiciary of the United States House of Representatives and of 
        the Senate an implementation plan to carry out this Act.
            (2) Contents.--The implementation plan should include 
        details concerning the separation of the Office of the 
        Associate Attorney General for Immigration Affairs, the Bureau 
        of Citizenship and Immigration Services, and the Bureau of 
        Immigration Enforcement, including the following:
                    (A) Organizational structure, including the field 
                structure.
                    (B) Chain of command.
                    (C) Procedures for interaction among such office 
                and bureaus.
                    (D) Procedures for the Director of Shared Services 
                to perform all shared support functions, including 
                authorizing the Director of the Bureau of Citizenship 
                and Immigration Services and the Director of the Bureau 
                of Immigration Enforcement to approve training 
                curricula and to acquire such supplies and equipment as 
                may be necessary to perform the daily operations of 
                that director's bureau.
                    (E) Procedures to establish separate accounts and 
                financial management systems for the Bureau of 
                Citizenship and Immigration Services and the Bureau of 
                Immigration Enforcement, and to implement all 
                provisions of section 11(b).
                    (F) Fraud detection and investigation.
                    (G) The processing and handling of removal 
                proceedings, including expedited removal and 
                applications for relief from removal.
                    (H) Recommendations for conforming amendments to 
                the Immigration and Nationality Act (8 U.S.C. 1101 et 
                seq.).
                    (I) Establishment of a transition team.
                    (J) Ways to phase in the costs of separating the 
                administrative support systems of the Immigration and 
                Naturalization Service in order to provide for separate 
                administrative support systems for the Bureau of 
                Citizenship and Immigration Services and the Bureau of 
                Immigration Enforcement in instances where separate 
                systems are more efficient or effective.
    (d) Report on Improving Immigration Services.--
            (1) In general.--The Attorney General, not later than 1 
        year after the date of the enactment of this Act, shall submit 
        to the Committees on the Judiciary and Appropriations of the 
        United States House of Representatives and of the Senate a 
        report containing a plan for how the Director of the Bureau of 
        Citizenship and Immigration Services will complete efficiently, 
        fairly, and within a reasonable time, the adjudications 
        described in paragraphs (1) through (5) of section 4(b).
            (2) Contents.--For each type of adjudication to be 
        undertaken by the Director of the Bureau of Citizenship and 
        Immigration Services, the report shall include the following:
                    (A) Any potential savings of resources that may be 
                implemented without affecting the quality of the 
                adjudication.
                    (B) The goal for processing time with respect to 
                the application.
                    (C) Any statutory modifications with respect to the 
                adjudication that the Attorney General considers 
                advisable.
            (3) Consultation.--In carrying out paragraph (1), the 
        Attorney General shall consult with the Secretary of State, the 
        Secretary of Labor, the Associate Attorney General for 
        Immigration Affairs, the Director of the Bureau of Immigration 
        Enforcement, and the Director of the Executive Office for 
        Immigration Review to determine how to streamline and improve 
        the process for applying for and making adjudications described 
        in section 4(b) and related processes.
    (e) Report on Improving Enforcement Function.--
            (1) In general.--The Attorney General, not later than 1 
        year after the date of the enactment of this Act, shall submit 
        to the Committees on Appropriations and the Judiciary of the 
        United States House of Representatives and of the Senate a 
        report with a plan detailing how the Bureau of Immigration 
        Enforcement, after the transfer of functions performed under 
        the programs described in paragraphs (1) through (5) of section 
        6(b), will enforce comprehensively, effectively, and fairly all 
        the enforcement provisions of the Immigration and Nationality 
        Act (8 U.S.C. 1101 et seq.) relating to such programs.
            (2) Consultation.--In carrying out paragraph (1), the 
        Attorney General shall consult with the Secretary of State, the 
        Director of the Federal Bureau of Investigation, the Secretary 
        of the Treasury, the Secretary of Labor, the Commissioner of 
        Social Security, the Associate Attorney General for Immigration 
        Affairs, the Director of the Bureau of Citizenship and 
        Immigration Services, the Director of the Executive Office for 
        Immigration Review, and the heads of State and local law 
        enforcement agencies to determine how to most effectively 
        conduct enforcement operations.
    (f) Report on Shared Services.--The Attorney General, not later 
than 3 years after the effective date specified in section 15(a), shall 
submit to the Committees on the Judiciary and Appropriations of the 
United States House of Representatives and of the Senate a report on 
whether the Director of Shared Services is properly serving the Bureau 
of Citizenship and Immigration Services and the Bureau of Immigration 
Enforcement. The report should address whether it would be more 
efficient to transfer one or more of the functions described in section 
3 to the Director of the Bureau of Citizenship and Immigration Services 
or the Director of the Bureau of Immigration Enforcement, and shall 
include an estimate of the cost of any such transfer that the Attorney 
General recommends. The report should also address whether it would be 
more efficient to transfer one or more of the functions described in 
sections 4 and 6 to the Office of the Associate Attorney General for 
Immigration Affairs, and shall include an estimate of the cost of any 
such transfer that the Attorney General recommends.
    (g) Comptroller General Studies and Reports.--
            (1) Status reports on transition.--Not later than 18 months 
        after the effective date specified in section 15(a), and every 
        6 months thereafter, until full implementation of this Act has 
        been completed, the Comptroller General of the United States 
        shall submit to the Committees on Appropriations and on the 
        Judiciary of the United States House of Representatives and the 
        Senate a report containing the following:
                    (A) A determination of whether the transfers of 
                functions made by sections 4 and 6 have been completed, 
                and if a transfer of functions has not taken place, 
                identifying the reasons why the transfer has not taken 
                place.
                    (B) If the transfers of functions made by sections 
                4 and 6 have been completed, an identification of any 
                issues that have arisen due to the completed transfers.
                    (C) An identification of any issues that may arise 
                due to any future transfer of functions.
            (2) Report on management.--Not later than 4 years after the 
        effective date specified in section 15(a), the Comptroller 
        General of the United States shall submit to the Committees on 
        Appropriations and on the Judiciary of the United States House 
        of Representatives and the Senate a report, following a study, 
        containing the following:
                    (A) Determinations of whether the transfer of 
                functions from the Immigration and Naturalization 
                Service to the Bureau of Citizenship and Immigration 
                Services and the Bureau of Immigration Enforcement, and 
                the transfer of functions from the Immigration and 
                Naturalization Service and the Office of Immigration 
                Litigation of the Civil Division to the Office of the 
                Associate Attorney General for Immigration Affairs, 
                under this Act have improved, with respect to each 
                function transferred, the following:
                            (i) Operations.
                            (ii) Management, including accountability 
                        and communication.
                            (iii) Financial administration.
                            (iv) Recordkeeping, including information 
                        management and technology.
                    (B) A statement of the reasons for the 
                determinations under subparagraph (A).
                    (C) Any recommendations for further improvements to 
                the Office of the Associate Attorney General for 
                Immigration Affairs, the Bureau of Citizenship and 
                Immigration Services, and the Bureau of Immigration 
                Enforcement.
    (h) Report on Interior Checkpoints.--Not later than 6 months after 
the date of the enactment of this Act, the Attorney General shall 
submit to the Congress a report on whether all permanent interior 
checkpoints operated by the Immigration and Naturalization Service 
ought to be closed, and the funds that otherwise would be expended for 
the operation of such checkpoints ought to be reallocated for 
protecting and maintaining the integrity of the borders of the United 
States and increasing enforcement at other points of entry into the 
United States.
    (i) Report on Responding to Fluctuating Needs.--Not later than 30 
days after the date of the enactment of this Act, the Attorney General 
shall submit to the Congress a report on changes in law, including 
changes in authorizations of appropriations and in appropriations, that 
are needed to permit the Immigration and Naturalization Service, and, 
after the effective date specified in section 15(a), the Bureau of 
Citizenship and Immigration Services, to ensure a prompt and timely 
response to emergent, unforeseen, or impending changes in the number of 
applications for immigration benefits, and otherwise to ensure the 
accommodation of changing immigration service needs.

SEC. 13. APPLICATION OF INTERNET-BASED TECHNOLOGIES.

    (a) Establishment of Tracking System.--The Attorney General, not 
later than 1 year after the date of the enactment of this Act, in 
consultation with the Technology Advisory Committee established under 
subsection (c), shall establish an Internet-based system, that will 
permit a person, employer, immigrant, or nonimmigrant who has filings 
with the Attorney General for any benefit under the Immigration and 
Nationality Act (8 U.S.C. 1101 et seq.), access to online information 
about the processing status of the filing involved.
    (b) Feasibility Study for Online Filing and Improved Processing.--
            (1) Online filing.--The Attorney General, in consultation 
        with the Technology Advisory Committee established under 
        subsection (c), shall conduct a feasibility study on the online 
        filing of the filings described in subsection (a). The study 
        shall include a review of computerization and technology of the 
        Immigration and Naturalization Service relating to the 
        immigration services and processing of filings related to 
        immigrant services. The study shall also include an estimate of 
        the timeframe and cost and shall consider other factors in 
        implementing such a filing system, including the feasibility of 
        fee payment online.
            (2) Report.--A report on the study under this subsection 
        shall be submitted to the Committees on the Judiciary of the 
        United States House of Representatives and the Senate not later 
        than 1 year after the date of the enactment of this Act.
    (c) Technology Advisory Committee.--
            (1) Establishment.--The Attorney General shall establish, 
        not later than 60 days after the date of the enactment of this 
        Act, an advisory committee (in this section referred to as the 
        ``Technology Advisory Committee'') to assist the Attorney 
        General in--
                    (A) establishing the tracking system under 
                subsection (a); and
                    (B) conducting the study under subsection (b).
        The Technology Advisory Committee shall be established after 
        consultation with the Committees on the Judiciary of the United 
        States House of Representatives and the Senate.
            (2) Composition.--The Technology Advisory Committee shall 
        be composed of representatives from high technology companies 
        capable of establishing and implementing the system in an 
        expeditious manner, and representatives of persons who may use 
        the tracking system described in subsection (a) and the online 
        filing system described in subsection (b)(1).

SEC. 14. DEFINITIONS.

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

SEC. 15. EFFECTIVE DATE; TRANSITION.

    (a) In General.--The abolishment of the Immigration and 
Naturalization Service, the establishment of the Office of the 
Associate Attorney General for Immigration Affairs, the Bureau of 
Citizenship and Immigration Services, and the Bureau of Immigration 
Enforcement, the transfers of functions specified under this Act, and 
the amendments made by this Act, shall take effect 1 year after the 
date of the enactment of this Act. The Associate Attorney General for 
Immigration Affairs, the Director of the Bureau of Citizenship and 
Immigration Services, and the Director of the Bureau of Immigration 
Enforcement shall be appointed not later than such effective date. To 
the extent that functions to be transferred to such persons under this 
Act continue to be performed by the Immigration and Naturalization 
Service and the Office of Immigration Litigation of the Civil Division 
during fiscal year 2003, the Attorney General shall provide for an 
appropriate accounting of funds and an appropriate transfer of funds 
appropriated to such entities to the appropriate component of the 
Office of the Associate Attorney General for Immigration Affairs, the 
Bureau of Citizenship and Immigration Services, or the Bureau of 
Immigration Enforcement.
    (b) Transition Period for Certain Bureau Functions.--
Notwithstanding subsection (a), during the 18-month period after the 
transfer of functions under this Act takes effect, the Associate 
Attorney General for Immigration Affairs is authorized to perform the 
functions described in subsections (c), (d), and (f) of each of 
sections 4 and 6 for both the Bureau of Citizenship and Immigration 
Services and the Bureau of Immigration Enforcement.

SEC. 16. CONFORMING AMENDMENT.

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

    Amend the title so as to read:

      A bill to replace the Immigration and Naturalization 
Service with the Office of the Associate Attorney General for 
Immigration Affairs, the Bureau of Citizenship and Immigration 
Services, and the Bureau of Immigration Enforcement, and for 
other purposes.

                          Purpose and Summary

    H.R. 3231 replaces the Immigration and Naturalization 
Service (INS) with the Office of the Associate Attorney General 
for Immigration Affairs (AAGIA), the Bureau of Citizenship and 
Immigration Services (BCIS), and the Bureau of Immigration 
Enforcement (BIE).

                Background and Need for the Legislation

    The INS has been a beleaguered bureaucracy for decades. 
Congress has increased the INS' budget, hoping that additional 
resources were what was needed to solve the agency's 
shortcomings. The INS' budget increased from $1.4 billion in 
fiscal year 1992 to $5.5 billion in fiscal year 2002. 
Notwithstanding this budgetary expansion, the INS' performance 
has not improved. Most Members of Congress have grown 
increasingly frustrated with the INS' poor performance in both 
immigration services and enforcement.
    The magnitude of the INS' problems is extraordinary--it had 
a backlog of 4.9 million applications and petitions at the end 
of fiscal year 2001, forcing aliens trying to play by the rules 
to wait in limbo for years. The Census Bureau estimates that at 
least 8 million undocumented aliens reside in the U.S. Over 
300,000 criminal and deportable aliens ordered removed by 
immigration judges have absconded. Much of the INS' failure 
stems from the conflict between its enforcement and service 
missions. The INS is unable to adequately perform either of its 
missions. Rather, the agency appears to move from one crisis to 
the next, with no coherent strategy of how to accomplish both 
missions successfully.
    The Immigration Act of 1990 established the U.S. Commission 
on Immigration Reform (CIR) to review and evaluate our 
immigration system. The CIR, chaired by the late Barbara 
Jordan, concluded that the INS suffered from mission overload. 
The Commission explained that the INS must give equal weight to 
more priorities than any one agency can handle. The Commission 
stated that ``[i]mmigration law enforcement requires staffing, 
training, resources, and a work culture that differs from what 
is required for effective adjudication of benefits or labor 
standards regulation of U.S. businesses.'' \1\ Such a system is 
set up for failure and, with such failure, further loss of 
public confidence in the immigration system.
---------------------------------------------------------------------------
    \1\ U.S. Commission on Immigration Reform, Becoming an American: 
Immigration and Immigrant Policy, 1997 Report to Congress, 148.
---------------------------------------------------------------------------
    On the issue of structural and management reform, the CIR 
found that the current structure for the administration of the 
immigration law was problematic. In fact, the CIR found that 
``no one agency is likely to have the capacity to accomplish 
all of the goals of immigration policy equally well.'' \2\ 
Also, the CIR stated that the system compounded the problems of 
fragmentation, redundancy and delay. To resolve these problems, 
the CIR recommended the dismantling of the INS.
---------------------------------------------------------------------------
    \2\ Id.
---------------------------------------------------------------------------
    The INS has reorganized itself numerous times in just the 
last two decades. However, if one glances at the current 
organizational chart of the INS, it is clear how dysfunctional 
the agency's structure is, even after these numerous internal 
reorganizations over the years. In response to the CIR's 
recommendations, several INS restructuring proposals were 
offered by Members of Congress, think tanks, and policy 
experts. The Fiscal Year 1998 Commerce, Justice, State 
Appropriations Conference Report required the Clinton 
Administration to review the recommendations of the CIR on 
restructuring, reorganizing and managing the immigration 
responsibilities of the INS. The INS rejected the CIR's 
recommendations and presented its own restructuring plan in 
April 1998. The proposal called for splitting INS' enforcement 
components from its service components, but leaving both within 
the INS. The proposal would have eliminated the current INS 
structure of over 30 district and 3 regional offices and create 
new Service and Enforcement areas. The plan was to have 
approximately 6 to 12 Immigrant Service Areas and 6 to 12 
Enforcement Areas nation-wide, each with a separate chain of 
command reporting to an Executive Associate Commissioner at INS 
Headquarters. The Commissioner would maintain control over both 
branches. However, the INS under Commissioner Meissner never 
strongly pursued its own restructuring plan.
    A handful of INS restructuring bills were introduced and 
considered during the 105th and 106th Congresses. The plans 
ranged from duplicating the CIR's recommendation to legislating 
the Meissner restructuring plan, from creating totally separate 
enforcement and service agencies to putting both agencies under 
the supervision of an Associate Attorney General. However, no 
bill moved beyond the Subcommittee level.
    During his presidential campaign, then-Governor Bush 
endorsed legislation splitting the INS into two separate 
agencies--one to deal with the enforcement functions, and the 
other to handle services, and the creation of an Associate 
Attorney General to head the new immigration structure.
    Legislation is needed to dismantle the INS and restructure 
the immigration organization in a better, more manageable 
structure. H.R. 3231 is intended to break the INS into smaller, 
more manageable pieces that concentrate on very different 
missions--administering immigration benefits and enforcing 
immigration laws. By separating immigration services from 
enforcement, managers will no longer be pulled in two 
directions and both bureaus will make significant improvements 
in fulfilling their respective statutory missions. The BCIS, 
led by an expert in Government benefits, can concentrate on 
improving immigration services and reducing adjudication 
backlogs for legal immigrants. Likewise, the BIE, led by a law 
enforcement professional, will be an agency with a true 
enforcement mission: denying admission to aliens who should be 
kept out of the U.S., and apprehending and removing aliens 
along the border and in the interior who are deportable. Each 
bureau will have a distinct mission, will be able to craft its 
own policies, will have its own budget and its own dedicated 
employees who cannot be shifted to the other agency. No longer 
will service be sacrificed for the sake of enforcement, or 
enforcement for the sake of service, as has happened so often 
in the past. Both functions are equally important and are 
treated as such in this legislation.
    H.R. 3231's creation of an Associate Attorney General in 
the Department of Justice who handles only immigration affairs 
raises these issues to the level and attention that they 
deserve in the Department of Justice. This will also create 
more accountability for the actions taken by the bureaus than 
currently exists in the INS. The Associate Attorney General 
will supervise the two bureaus and resolve conflicts arising 
between them. An Office of the Associate Attorney General is 
created under the control and primary responsibility of the 
Associate Attorney General. Created within the Associate 
Attorney General's Office is a Policy Advisor, General Counsel, 
Chief Financial Officer, Director of Shared Services, Office of 
the Ombudsman, Office of Professional Responsibility and 
Quality Review, and Office of Children's Affairs.
    H.R. 3231 also requires the application of Internet-based 
technologies to track immigration applications as well as to 
eventually permit applicants to file applications on-line, 
thereby improving customer service.

                                Hearings

    A hearing on ``Restructuring the INS--How the Agency's 
Dysfunctional Structure Impedes the Performance of its Dual 
Mission'' was held on April 9, 2002. The witnesses were: (1) 
The Honorable James W. Ziglar, Commissioner of the INS; (2) 
Richard J. Gallo, President of the Federal Law Enforcement 
Officers Association; (3) Dr. Susan F. Martin, Director for the 
Institute for the Study of International Migration at 
Georgetown University; and (4) Mr. Lawrence Gonzalez, 
Washington Director of the National Association of Latino 
Elected and Appointed Officials (NALEO) Educational Fund.

                        Committee Consideration

    On April 10, 2002, the Committee met in open session and 
ordered favorably reported the bill H.R. 3231, with amendment, 
by a recorded vote of 32 to 2, a quorum being present.

                         Vote of the Committee

    An amendment in the nature of a substitute was offered by 
Mr. Sensenbrenner, Mr. Conyers, Mr. Gekas, and Ms. Jackson Lee 
and passed by voice vote.
    Mr. Berman offered an amendment to authorize such sums as 
may be necessary to adjudicate refugee and asylum claims, which 
passed by voice vote.
    Mr. Issa offered an amendment requiring a report on the 
cost effectiveness of interior checkpoints, which passed by 
voice vote.
    Ms. Jackson Lee offered an amendment adding a mission 
statement for the BCIS that requires consistency of policy and 
practice within the BCIS, which passed by voice vote. Ms. 
Jackson Lee offered an amendment requiring a report to Congress 
to ensure a prompt and timely response to unforeseen changes in 
the number of applications for immigration benefits, which 
passed by voice vote.
    On the Motion to Report H.R. 3231 favorably, as amended, 
the motion passed by a rollcall vote of 32 yeas to 2 nays.

                                                   ROLLCALL NO. 1
----------------------------------------------------------------------------------------------------------------
                                                                       Ayes            Nays           Present
----------------------------------------------------------------------------------------------------------------
Mr. Hyde........................................................
Mr. Gekas.......................................................              X
Mr. Coble.......................................................              X
Mr. Smith (Texas)...............................................              X
Mr. Gallegly....................................................              X
Mr. Goodlatte...................................................              X
Mr. Bryant......................................................              X
Mr. Chabot......................................................              X
Mr. Barr........................................................              X
Mr. Jenkins.....................................................              X
Mr. Cannon......................................................              X
Mr. Graham......................................................              X
Mr. Bachus......................................................              X
Mr. Hostettler..................................................              X
Mr. Green.......................................................              X
Mr. Keller......................................................              X
Mr. Issa........................................................              X
Ms. Hart........................................................              X
Mr. Flake.......................................................              X
Mr. Pence.......................................................              X
Mr. Conyers.....................................................              X
Mr. Frank.......................................................              X
Mr. Berman......................................................              X
Mr. Boucher.....................................................
Mr. Nadler......................................................              X
Mr. Scott.......................................................              X
Mr. Watt........................................................                              X
Ms. Lofgren.....................................................                              X
Ms. Jackson Lee.................................................              X
Ms. Waters......................................................              X
Mr. Meehan......................................................              X
Mr. Delahunt....................................................              X
Mr. Wexler......................................................              X
Ms. Baldwin.....................................................              X
Mr. Weiner......................................................              X
Mr. Schiff......................................................
Mr. Sensenbrenner, Chairman.....................................              X
                                                                 -----------------------------------------------
    Total.......................................................             32               2
----------------------------------------------------------------------------------------------------------------

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee reports that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

                    Performance Goals and Objectives

    H.R. 3231 authorizes funding. Section 11(a) authorizes such 
appropriated sums as are necessary to (1) abolish the INS; (2) 
establish the Office of the Associate Attorney General for 
Immigration Affairs, the BCIS, the BIE, and their components, 
and the transfer of functions required under H.R. 3231; and (3) 
carry out any other duty related to the reorganization of the 
immigration and naturalization functions that is necessitated 
by H.R. 3231. The money used to carry out this transition will 
streamline the immigration agencies and create more 
accountability and better management in the new immigration 
structure. A better immigration structure, with enforcement 
separated from services, will lead to better immigration 
enforcement and immigration services.
    Section 11(a) establishes a separate account in the general 
fund of the U.S. Treasury known as the ``Immigration 
Reorganization Transition Account.'' All appropriated amounts 
mentioned above are to be deposited into this transition 
account and to the extent possible in appropriations acts, the 
funds in the transition account should be available for 
expenditure prior to the effective date of H.R. 3231, so that 
non-transition money is not used for transition purposes.
    Monies for immigration services must remain separate from 
those for immigration enforcement. Section 11(b) establishes 
separate accounts in the U.S. Treasury for appropriated funds 
and other funds available for the BCIS and the BIE. By 
requiring separate budgets, both immigration enforcement and 
immigration services will each receive individualized budget 
attention, ensuring that each bureau requests the money each 
needs for strong immigration enforcement and quality 
immigration service. It also requires the Director of the 
Office of Management and Budget to separate the budget requests 
for the BCIS and the BIE to ensure that the two bureaus are 
funded to the extent necessary to fully carry out their 
respective functions. Fees imposed for a specific service, 
application, or benefit must be deposited into the appropriate 
account for the bureau with jurisdiction over the function to 
which the fee relates. No fee may be transferred between the 
BCIS and the BIE. Currently, funds for immigration services are 
often transferred to immigration enforcement purposes and visa 
versa. This prohibition on the transfer of fees is designed to 
end such practices.
    Section 11(b) also ends the policy of using a portion of 
fees paid by visa applicants to cover the costs of adjudicating 
asylum applications. No longer will non-asylum applicants pay 
for asylum application processing. Instead, H.R. 3231 
authorizes sums to be appropriated to process refugee and 
asylum applications, as well as adjustment of status 
applications for refugees.
    The missions of the Office of the AAGIA, the BCIS, and the 
BIE are equally important, each should be adequately funded, 
and the functions of all three should not operate at financial 
levels below that in existence prior to the enactment of H.R. 
3231.
    Section 11(e) removes the limitation on expenditures 
contained in section 204 of the Immigration Services and 
Infrastructure Improvements Act of 2000 for the purpose of 
reducing application backlogs. That act authorizes 
appropriations to reduce the immigration application backlogs. 
It states that none of the funds appropriated may be expended 
until a report on the backlogs has been submitted to Congress. 
The Attorney General is long overdue in issuing that backlog 
report. Section 11(e) of H.R. 3231 eliminates such limitation 
so that the funds can be appropriated to reduce the 
overwhelming application backlogs without waiting additional 
time for the backlog report.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of House rule XIII is inapplicable because 
this legislation does not provide new budgetary authority or 
increased tax expenditures.

               Congressional Budget Office Cost Estimate

    In compliance with clause 3(c)(3) of rule XIII of the Rules 
of the House of Representatives, the Committee sets forth, with 
respect to the bill, H.R. 3231, the following estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974:


                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee finds the authority for 
this legislation in Article I, section 8, clause 4 of the 
Constitution.

               Section-by-Section Analysis and Discussion

                Sec. 1. Short Title; Table of Contents.

    Section 1(a) Short Title. The short title of H.R. 3231, the 
``Barbara Jordan Immigration Reform and Accountability Act of 
2002,'' memorializes Chairman Barbara Jordan's important work 
with the Commission on Immigration Reform, which called for 
dramatic reform of the INS, including a dismantling of the 
agency.

    Sec. 2. Abolishment of Immigration and Naturalization Service; 
                    Establishment of Office of AAGIA

    Section 2(a) Abolishment of the INS. Section 2(a) abolishes 
the INS.
    Section 2(b) Establishment of Office of AAGIA. Section 2(b) 
establishes in the Justice Department an Office of the AAGIA. 
The AAGIA heads this new Office, is appointed by the President, 
with consent of the Senate, must have at least 5 years of 
experience in managing a large and complex organization, and is 
to be paid at the same level as the pre-existing Associate 
Attorney General. Currently, the Commissioner of the INS 
reports to the Deputy Attorney General along with numerous 
other agencies, including the FBI, DEA, U.S. Attorneys, the 
Criminal Division, and the Marshals Service. As a result, the 
INS does not receive the attention it deserves, given the 
importance of immigration policy to our national well-being and 
security. Creating the new Associate Attorney General elevates 
immigration issues within the Justice Department and ensures 
that immigration will consistently receive the attention, 
management, and oversight that it needs. The 5-year management 
experience requirement is a minimum requirement that ensures 
that the person selected by the President is capable of 
managing a large organization. This will foster better 
management at the top of the immigration structure.
    Section 2(c) Functions. Section 2(c) lists the 
responsibilities of the new AAGIA which are: (1) overseeing the 
work of, and supervising, the directors of the service and 
enforcement bureaus; (2) coordinating the administration of 
national immigration policy and the operations of the two 
bureaus, and reconciling conflicting policies of the bureaus; 
and (3) allocating and coordinating resources in the shared 
support functions for the two bureaus through the Office of 
Shared Services established in section 3. The day-to-day 
immigration operations shall be run and managed independently 
within each immigration bureau, while the Associate Attorney 
General is to supervise the bureau directors, coordinate such 
operations, resolve any conflicts that may arise between the 
two bureaus, and coordinate resources needed by both bureaus.

                Sec. 3. Positions Within Office of AAGIA

    Section 3(a) Policy Advisor. Section 3(a) establishes a 
position of Policy Advisor for the AAGIA. The Policy Advisor 
advises the Associate Attorney General on all immigration and 
naturalization policy matters. While policies specific to 
immigration services and enforcement are generally to be made 
in each respective bureau by the bureau's Chief of Policy and 
Strategy, the Policy Advisor in the Associate Attorney 
General's office coordinates and reconciles any inconsistent 
policies that arise between the two bureaus.
    Section 3(b) General Counsel. Section 3(b) establishes a 
position of General Counsel for the AAGIA. The General Counsel 
acts as the principal legal advisor to the Associate Attorney 
General and is responsible for (1) providing specialized legal 
advice, opinions, determinations, regulations, and any other 
assistance to the Associate Attorney General regarding legal 
matters that affect the Office of the AAGIA or the bureaus; (2) 
representing the BCIS regarding service issues before the 
Executive Office for Immigration Review (EOIR) and in other 
legal or administrative proceedings involving immigration 
service issues; and (3) representing the BIE in all exclusion, 
deportation, or removal proceedings before the EOIR, including 
in proceedings to adjudicate relief from exclusion, 
deportation, or removal, and in other legal or administrative 
proceedings involving immigration enforcement issues.
    Unless the Associate Attorney General transfers the 
functions of the Office of Immigration Litigation (OIL), Civil 
Division, to the General Counsel's office, the General Counsel 
shall not perform the functions of OIL. While the directors of 
the bureaus may have legal advisors, such legal advisors remain 
accountable for implementing and complying with the specialized 
legal advice, opinions, determinations, and regulations given 
by the General Counsel regarding legal matters that affect the 
Office of the Associate Attorney General or the bureaus.
    Section 3(c) Chief Financial Officer. Section 3(c) 
establishes the position of Chief Financial Officer (CFO) for 
the AAGIA. The CFO is responsible for (1) managing the finances 
of the Office of the AAGIA and the two bureaus, and has the 
authorities and functions described in section 902 of title 31, 
United States Code, in relation to financial activities of the 
Office and bureaus; (2) collecting payments, fines, and debts 
for the two bureaus; and (3) coordinating budget and financial 
management issues with the bureaus. While the budgets for 
immigration services and enforcement are to be formulated and 
executed in each respective bureau by the bureau's Chief Budget 
Officer, the CFO in the Associate Attorney General's office 
coordinates budget and financial issues that affect both 
bureaus.
    Section 3(d) Director of Shared Services. Section 3(d) 
establishes a position of Director of the Office of Shared 
Services for the AAGIA. Although separating immigration 
services from enforcement will improve each mission, it is 
critical that the two separated bureaus communicate with each 
other and share resources that are needed by both bureaus, 
particularly files and computer databases. The Director of the 
Office of Shared Services is responsible for the allocation and 
coordination of resources involved in shared support functions 
for the two bureaus, including facilities management; 
information resources management, including computer databases 
and information technology; records and file management; and 
forms management. Such shared services are necessary to ensure 
that the BCIS will know when the BIE is enforcing an 
immigration law against an alien, and the BIE will know when 
the BCIS is considering an alien's application for an 
immigration benefit.
    Section 3(e) Office of the Ombudsman. Section 3(e) 
establishes an Office of the Ombudsman in the Office of the 
AAGIA. The Ombudsman reports directly to the Associate Attorney 
General and must have a background in customer service and 
immigration law. The functions of the Ombudsman are described 
in section 5.
    Section 3(f) Office of Professional Responsibility and 
Quality Review. Section 3(f) establishes the Office of 
Professional Responsibility and Quality Review in the Office of 
the AAGIA. The Director of the Office of Professional 
Responsibility and Quality Review: (1) conducts investigations 
of non-criminal allegations of misconduct, corruption, and 
fraud involving any employee of the Office of the AAGIA or the 
two bureaus that are not subject to investigation by the 
Justice Department's Office of the Inspector General; (2) 
inspects the operations of the Associate Attorney General's 
office and the two bureaus and provides assessments of the 
quality of the operations of the office and bureaus as a whole 
and each of their components; and (3) provides an analysis of 
the management of the Associate Attorney General's office and 
the two bureaus. In assessing the quality of decisions made in 
the Associate Attorney General's office and the bureaus, or any 
of their components, the Office of Professional Responsibility 
and Quality Review shall consider (1) the accuracy of the 
finding of fact and conclusions of law used in rendering the 
decision; (2) any fraud or misrepresentation associated with 
the decision; and (3) the efficiency with which the decision 
was rendered. The backlog of immigration applications now 
numbers in the millions. Meanwhile, the General Accounting 
Office found in a 2002 report \3\ that fraud in immigration 
benefit applications is significant. Therefore, while it is 
essential that the backlog be eliminated and that applications 
be adjudicated in a timely manner, adjudicators must not choose 
speed over accurate and thorough adjudication.
---------------------------------------------------------------------------
    \3\ United States General Accounting Office, Immigration Benefit 
Fraud--Focused Approach is Needed to Address Problems (2002).
---------------------------------------------------------------------------
    Section 3(g) Office of Children's Affairs. Section 3(g) 
establishes an Office of Children's Affairs within the Office 
of the AAGIA. The Office of Children's Affairs is to be headed 
by a Director, who will report to the AAGIA.
    Section 3(g) transfers the functions with respect to 
``unaccompanied alien children's'' care and placement that were 
exercised by the INS Commissioner, or his subordinates, prior 
to the effective date of H.R. 3231, to the Director of the new 
Office of Children's Affairs. The new Office specifically is 
responsible for coordinating and implementing the law and 
policy for unaccompanied alien children who come into the 
custody of the Department of Justice; making placement 
determinations for all unaccompanied alien children apprehended 
by the Attorney General or who otherwise come into the custody 
of the Department of Justice; identifying and overseeing the 
infrastructure and personnel of facilities that house 
unaccompanied alien children; annually publishing a State-by-
State list of professionals or other entities qualified to 
provide guardian and attorney services; maintaining statistics 
on unaccompanied alien children; and reuniting unaccompanied 
alien children with a parent abroad, where appropriate.
    An ``unaccompanied alien child'' means a child who (1) has 
no lawful immigration status in the United States; (2) has not 
yet turned 18 years old; and (3) with respect to whom--(a) 
there is no parent or legal guardian in the United States; or 
(b) no parent or legal guardian in the United States. is 
available to provide care and physical custody. In exercising 
its responsibility for the care and placement of unaccompanied 
alien children found in the United States, the new Office shall 
ensure that such placements take into account the childrens' 
interests. The Office also shall ensure that such children are 
likely to appear for hearings or actions involving them, that 
their placement does not endanger themselves or the community, 
and that they are not released on their own recognizance. 
Section 3(g) does not alter or affect substantive immigration 
law with regard to unaccompanied alien children in the United 
States. It leaves jurisdiction for adjudicating their 
immigration status or removing such children who are found to 
be removable with the BCIS, the BIE, the EOIR, and the 
Department of State.
    Approximately 5,000 unaccompanied alien children are taken 
into custody by the INS every year. Most are held in INS 
detention facilities for the duration of their immigration 
proceedings. The Federal Government has a special 
responsibility to protect the dignity, health, and well-being 
of children in its custody, and this responsibility 
particularly extends to unaccompanied alien children.
    The Committee is deeply concerned by the 2001 report on 
unaccompanied alien children in INS custody issued by the 
Office of the Inspector General.\4\ That report, and 
independent investigations by nongovernmental organizations, 
such as the Women's Commission on Refugee Women and Children, 
have consistently revealed that many unaccompanied alien 
children are being held in conditions that are inappropriate 
for children, including reports of children being held in 
secure facilities with adults or with juvenile offenders, 
reports that unaccompanied children are being shackled and 
strip searched, and reports that unaccompanied alien children 
who have experienced great trauma are not having their 
particular psychological, physical, and emotional needs 
addressed while in custody.
---------------------------------------------------------------------------
    \4\ Department of Justice Office of the Inspector General, 
Unaccompanied Juveniles in INS Custody, Report Number I-2001-009 
(2001).
---------------------------------------------------------------------------
    While the Committee applauds the Department of Justice for 
recognizing the need for reform, we believe that these reforms 
have not gone far enough, and that the Federal Government's 
duty to protect and care for unaccompanied alien children 
continues to fall short of our expectations.
    The Committee supports centralizing care and placement 
authority for unaccompanied alien children under an Office of 
Children's Affairs within the Office of the AAGIA and 
transferring current functions with respect to the care and 
placement of such children from the Commissioner of the INS and 
his subordinates to the Director of the newly created Office of 
Children's Affairs.
    The Committee expects that the Director of the new Office 
will have authority to make placement and care decisions 
involving unaccompanied alien children in the custody of the 
Department of Justice, in consultation, with other entities 
within the Department of Justice, including the BIE. Moreover, 
the Committee expects that the Director of the Office and any 
employees under his or her supervision will have appropriate 
child welfare expertise to ensure that children in the custody 
of the Department of Justice are provided appropriate care.
    The Committee expects the BIE field personnel, or others 
within the Department of Justice who encounter unaccompanied 
alien children, to be accountable to the Director of the Office 
of Children's Affairs for ensuring that the Director is 
promptly notified that such a child is in the custody of the 
Department.
    The Committee appreciates that the problems surrounding the 
treatment and care of unaccompanied alien children are 
pervasive and difficult. It believes that creating an Office of 
Children's Affairs with substantial authority is a step in the 
right direction toward resolving these problems.
    At the same time, the Committee recognizes that the 
creation of the Office does not address a number of substantive 
problems that need to be addressed. The Committee has chosen to 
address care and placement issues in this bill, which is a bill 
dealing exclusively with the organization structure under which 
the nation's immigration functions are carried out. As with 
other areas, the Committee intends to continue to explore the 
special needs of unaccompanied alien children.
    Section 3(h) Transfer of Functions of Office of Immigration 
Litigation. Section 3(h) transfers all functions, personnel, 
infrastructure, and funding of the Office of Immigration 
Litigation (OIL) from the Assistant Attorney General, Civil 
Division, to the AAGIA. The Associate Attorney General may, in 
the Associate Attorney General's discretion, charge the General 
Counsel to the Associate Attorney General with such functions, 
or transfer the functions elsewhere within the Office of the 
AAGIA.
    OIL, in addition to being in a different component (the 
Civil Division) than the INS, reports to an Assistant Attorney 
General specific to the Civil Division, who reports to the pre-
existing Associate Attorney General, who reports to the Deputy 
Attorney General. Although OIL represents the INS in Federal 
court, it has a very different chain of command to the Attorney 
General than does the INS. With the creation of a new AAGIA who 
handles only immigration affairs in the Justice Department, it 
makes sense to consolidate and streamline similar immigration 
functions under the new high level Justice Department official.
    Section 3(i) Employee Discipline for Willful Deceit. 
Regardless of any other provision of law, section 3(i) permits 
the AAGIA to impose disciplinary action, including termination 
of employment, under the same policies and procedures 
applicable to FBI employees, upon any employee of the Office of 
the AAGIA or the bureaus who willfully deceives the Congress or 
agency leadership on any matter.
    Willful deceit of Congress or agency leadership is 
unacceptable behavior and is cause for strong disciplinary 
action, including firing an employee. It prevents the 
recognition of problems by Congress and agency headquarters, 
and thus hinders their ability to solve problems and provide 
effective leadership. Too often, unscrupulous INS employees go 
unpunished and leave INS with a legacy of a lack of 
accountability.

Sec. 4. Establishment of Bureau of Citizenship and Immigration Services

    Section 4(a) Establishment of Bureau. Section 4(a) 
establishes the BCIS in the Justice Department. The bureau is 
headed by the Director, who reports directly to the AAGIA and 
must have at least 10 years professional experience in 
adjudicating Government benefits or services, at least five of 
which must have been years of service in a managerial capacity 
or in a position affording comparable management experience. 
The experience requirements encourage better management of 
immigration services because the director will be familiar with 
both providing Government benefits and managing an 
organization. The years of experience need not have been in the 
ISN. The bureau director: (1) establishes citizenship and 
immigration services policies for the bureau; (2) oversees the 
administration of such policies and advises the Associate 
Attorney General on any policy or operation of the BCIS that 
may affect the BIE, including potentially conflicting policies 
or operations; (3) meets regularly with the Ombudsman to 
correct serious service problems identified by the Ombudsman; 
and (4) establishes procedures for a formal response to any 
recommendations submitted in the Ombudsman's annual report to 
Congress within 3 months of its submission to Congress. The 
bureau director must also designate an official to administer 
student visa programs and the Student and Exchange Visitor 
Information System (SEVIS), and successor programs and systems, 
until September 30, 2004. The Director has the discretion to 
continue such position beyond September 30, 2004. The Director 
must provide any information collected by the SEVIS to the 
Director of the BIE necessary to enforce immigration laws. The 
Director is responsible for the day-to-day operations of the 
BCIS and is accountable for the performance of the BCIS.
    Section 4(b) Transfer of Functions from Commissioner. 
Section 4(b) transfers from the INS Commissioner to the 
Director of the BCIS the following functions, and all 
personnel, infrastructure, and funding given to the 
Commissioner in support of such functions prior to the 
abolishment of the INS: (1) adjudications of nonimmigrant and 
immigrant visa petitions; (2) naturalization petition 
adjudications; (3) asylum and refugee application 
adjudications; (4) service center adjudications; and (5) all 
other immigration benefit adjudications.
    Section 4(c) Office of Policy and Strategy. Section 4(c) 
establishes in the BCIS an Office of Policy and Strategy, 
headed by the Chief. The Chief must consult with BCIS personnel 
in the field and (1) establish national immigration services 
policies and priorities; (2) perform policy research and 
analysis on immigration services issues; and (3) coordinate 
immigration services policy issues with the Chief of Policy and 
Strategy in the BIE and the AAGIA through the Policy Advisor 
for the Associate Attorney General's Office, as appropriate. 
The Chief is responsible for devising policy and strategy 
specific to the BCIS.
    Section 4(d) Legal Advisor. Section 4(d) permits the 
position of Legal Advisor for the BCIS to provide legal advice 
for the bureau's director and the bureau's employees.
    Section 4(e) Chief Budget Officer for Bureau of Citizenship 
and Immigration Services. Section 4(e) establishes the position 
of Chief Budget Officer (CBO) for the BCIS. The CBO formulates 
and executes the budget of the BCIS according to the needs of 
the service bureau. The CBO should make the day-to-day budget 
decisions for the BCIS. The CBO reports to the bureau director 
and provides information to, and coordinates resolution of 
relevant issues with the CFO for the AAGIA.
    Section 4(f) Office of Congressional, Intergovernmental, 
and Public Affairs. Section 4(f) establishes the Office of 
Congressional, Intergovernmental, and Public Affairs in the 
BCIS, which is headed by the Chief. The Chief (1) provides 
citizenship and immigration services information to the 
Congress, including information on specific constituent cases 
relating to immigration services; (2) serves as a liaison with 
other Federal agencies on citizenship and immigration services 
issues; and (3) responds to inquiries from the media and 
general public on citizenship and immigration services issues.
    Section 4(g) Office of Citizenship. Section 4(g) 
establishes an Office of Citizenship in the BCIS, which is 
headed by the Chief. The Chief promotes instruction and 
training on citizenship responsibilities for aliens interested 
in becoming naturalized citizens of the United States, 
including the development of educational materials. Creation of 
this office is to emphasize the importance of becoming a U.S. 
citizen, along with the rights and responsibilities that come 
with such status.
    Section 4(h) Sectors. Section 4(h) calls for sectors of the 
BCIS, headed by sector directors and located in appropriate 
geographic locations. The sectors need not exist in exactly the 
same locations or number as the current INS regions. Sectors 
are responsible for directing all aspects of the BCIS' 
operations within their assigned geographic areas of activity. 
Sector directors provide general guidance and supervision to 
the field offices of the BCIS within their sectors. Sectors 
should not second-guess decisions made in the field offices, 
but rather should act as a conduit for information, guidelines, 
policy decisions, and management between headquarters and the 
field offices to ensure consistent service operations nation-
wide.
    Section 4(i) Field Offices. Section 4(i) establishes field 
offices in the BCIS, headed by field directors, who may be 
assisted by deputy field directors. The field offices need not 
exist in exactly the same locations or number as the current 
INS district offices, but should be established in locations 
that most efficiently serve the populations in the area. Field 
offices are responsible for assisting the Director of the BCIS 
in carrying out the Director's functions. Field directors are 
subject to the supervision and direction of their respective 
sector director, while field directors outside of the United 
States are subject to the supervision and direction of the 
bureau director. All field directors are accountable to, and 
receive their authority from, the Director of the BCIS to 
ensure consistent application and implementation of citizenship 
and immigration services policies and practices nationwide. 
Field offices shall not become the fiefdoms as too commonly 
exist currently in INS district offices around the country. 
Consistency across field offices is essential.
    Section 4(j) Service Centers. Section 4(j) establishes 
service centers, headed by directors. Service centers are 
responsible for assisting the bureau director in carrying out 
the director's functions that can be effectively carried out at 
remote locations. Service centers need not exist in the exact 
same location or number as current INS service centers, but 
should be established in locations that most efficiently serve 
the populations in the area. Service center directors shall be 
subject to the general supervision and direction of their 
respective sector director, except that all service center 
directors are accountable to, and receive their authority from, 
the bureau director, to ensure consistent application and 
implementation of citizenship and immigration services policies 
and practices nationwide.
    Section 4(k) Transfer and Removal. Regardless of any other 
law, the Director of the BCIS is authorized to transfer or 
remove any sector director, field director, or service center 
director, in the bureau director's discretion.
    Section 4(l) Mission. The BCIS' mission for the field 
offices and service centers is to directly and consistently 
follow all instructions and guidelines of the BCIS director and 
the AAGIA to ensure the development of a cohesive and 
consistent national immigration services policy.

                    Sec. 5. Office of the Ombudsman

    Section 5(a) Functions. Section 5(a) establishes the 
functions of the Ombudsman as: (1) assisting individuals and 
employers in resolving problems with the BCIS; (2) identifying 
areas in which individuals and employers have problems in 
dealing with the BCIS; (3) proposing changes in the 
administrative practices of the BCIS to mitigate identified 
problems; and (4) identifying potential legislative changes 
appropriate to mitigate such problems. It is common practice 
currently for individuals and employers frustrated with delays 
and ill treatment from the INS to approach their Member of 
Congress for help. As a result, each congressional district 
office has one or more caseworkers to handle immigration 
casework and they are overwhelmed. Therefore, in addition to 
the functions stated above, it is envisioned that the Office of 
the Ombudsman serve as an alternative to the congressional 
immigration caseworkers handling routine immigration service 
problems to give relief to the caseworkers.
    Section 5(b) Annual Reports. The Ombudsman is required to 
submit a report to the Judiciary Committees of the House and 
Senate by June 30 of each calendar year on the objectives of 
the Office of the Ombudsman for the fiscal year beginning in 
such calendar year. Such reports shall contain full and 
substantive analysis, statistical analysis, and shall (1) 
identify the initiatives the Office has taken to improve the 
services and responsiveness of the BCIS; (2) contain a summary 
of the most pervasive and serious problems encountered by 
individuals and employers, including a description of the 
nature of such problems; (3) contain an inventory of the items 
described in (1) and (2) above for which action has been taken 
and the result of such action, for which action remains to be 
completed and the period in which each item has remained on 
such inventory, finally for which no action has been taken, 
including the period in which each item has remained on such 
inventory, the reasons for the inaction, and the identity of 
any BCIS official responsible for such inaction; (4) contain 
recommendations for appropriate administrative and legislative 
action to resolve problems encountered by individuals and 
employers, including problems created by excessive backlogs in 
the adjudication and processing of immigration benefit 
petitions and applications; and (5) include any other 
information deemed advisable by the Ombudsman. The annual 
report is to be provided directly to the congressional 
Committees without prior review or comment from the Attorney 
General, AAGIA, any employee of the Justice Department, or the 
Office of Management and Budget. To help improve services, it 
is important that Congress have an accurate, unfiltered report 
on serious problems with the BCIS.
    Section 5(c) Other Responsibilities. The Ombudsman also 
monitors the coverage and geographic allocation of local 
Ombudsman offices; develops guidance to distribute to all BCIS 
officers and employees outlining the criteria for referral of 
inquiries to the local Ombudsman offices; ensures that each 
local Ombudsman office telephone number is published and 
available to individuals and employers served by the local 
office; and meets regularly with the BCIS director to identify 
serious service problems and to present recommendations for 
appropriate administrative actions to resolve problems 
encountered by individuals and employers.
    Section 5(d) Personnel Actions. The Ombudsman has the 
responsibility and authority to appoint local ombudsmen and 
ensure that at least one ombudsman is available for each State. 
The Ombudsman is also authorized to evaluate and take personnel 
actions, including dismissal, against any employee of any local 
ombudsman office. In carrying out these responsibilities, the 
Ombudsman may consult with the appropriate BCIS supervisory 
personnel.
    Section 5(e) Responsibilities of Bureau of Citizenship and 
Immigration Services. Section 5(e) requires the BCIS director 
to establish procedures requiring a formal, written response to 
all recommendations submitted to the director by the Ombudsman 
within 3 months of receiving the recommendations.
    Section 5(f) Operation of Local Offices. Each local 
ombudsman is required to report to the Ombudsman or delegate; 
may consult with the appropriate BCIS supervisory personnel 
regarding the daily operation of the local ombudsman office; 
shall notify any individual or employer initially seeking 
assistance from the local office that the local offices operate 
independently of any other component in the Office of the AAGIA 
and report directly to the Congress through the Ombudsman; and 
at the local ombudsman's discretion, may determine not to 
disclose to the BCIS that the office has had contact with, or 
has had information provided by an individual or employer. Each 
local ombudsman office is required to maintain a phone, fax, 
and other electronic communication access, and a post office 
address that is separate from those maintained by the BCIS or 
any component of the BCIS.

       Sec. 6. Establishment of Bureau of Immigration Enforcement

    Section 6(a) Establishment of Bureau. Section 6(a) 
establishes the BIE in the Justice Department. The BIE is 
headed by a director who reports directly to the AAGIA and must 
have a minimum of at least 10 years professional experience in 
law enforcement, at least five of which must have been years of 
service in a managerial capacity. The experience requirements 
encourage better management of immigration enforcement because 
the director will be familiar with both law enforcement and 
managing an organization. The years of experience need not have 
been in the ISN. The bureau director: (1) establishes 
immigration enforcement policies for the bureau; (2) oversees 
the administration of such policies; and (3) advises the 
Associate Attorney General on any policy or operation of the 
BIE that may affect the BCIS, including potentially conflicting 
policies or operations.
    Section 6(b) Transfer of Functions. Section 6(b) transfers 
from the INS Commissioner to the Director of the BIE the 
following functions, and all personnel, infrastructure, and 
funding given to the Commissioner in support of such functions 
prior to the abolishment of the INS: (1) the Border Patrol 
program; (2) the detention and removal program; (3) the 
intelligence program; (4) the investigations program; and (5) 
the inspections program.
    Section 6(c) Office of Policy and Strategy. Section 6(c) 
establishes in the BIE an Office of Policy and Strategy, headed 
by the Chief. The Chief must consult with BIE personnel in the 
field offices and (1) establish national immigration 
enforcement policies and priorities; (2) perform policy 
research and analysis on immigration enforcement issues; and 
(3) coordinate immigration enforcement policy issues with the 
Chief of Policy and Strategy in the BCIS and the AAGIA through 
the Policy Advisor for the Associate Attorney General's Office, 
as appropriate. The Chief is responsible for devising policy 
and strategy specific to the BIE.
    Section 6(d) Legal Advisor. Section 6(d) permits the 
position of Legal Advisor for the BIE to provide legal advice 
for the bureau's director and the bureau's employees.
    Section 6(e) Chief Budget Officer for Bureau of Immigration 
Enforcement. Section 6(e) establishes the position of Chief 
Budget Officer (CBO) for the BIE. The CBO formulates and 
executes the budget of the BIE according to the needs of the 
enforcement bureau. The CBO should make the day-to-day budget 
decisions for the BIE. The CBO reports to the bureau director 
and provides information to, and coordinates resolution of 
relevant issues with, the CFO for the AAGIA.
    Section 6(f) Office of Congressional, Intergovernmental, 
and Public Affairs. Section 6(f) establishes the Office of 
Congressional, Intergovernmental, and Public Affairs in the 
BIE, which is headed by the Chief. The Chief (1) provides 
immigration enforcement information to the Congress, including 
information on specific enforcement cases; (2) serves as a 
liaison with other Federal agencies on immigration enforcement 
issues; and (3) responds to inquiries from the media and 
general public on immigration enforcement issues.
    Section 6(g) Sectors. Section 6(g) calls for sectors of the 
BIE, headed by sector directors and located in appropriate 
geographic locations. The sectors need not exist in exactly the 
same locations or number as the current INS regions. Sectors 
are responsible for directing all aspects of the BIE's 
operations within their assigned geographic areas of activity. 
Sector directors provide general guidance and supervision to 
the field offices of the BIE within their sectors. Sectors 
should not second-guess decisions made in the field offices, 
but rather should act as a conduit for information, guidelines, 
policy decisions, and management between headquarters and the 
field offices to ensure consistent enforcement operations 
nation-wide.
    Section 6(h) Field Offices. Section 6(h) establishes field 
offices in the BIE, headed by field directors, who may be 
assisted by deputy field directors. The field offices need not 
exist in exactly the same locations or number as the current 
INS district offices, but should be established in locations 
that most efficiently serve the populations in the area. There 
shall be a BIE field office situated in at least every city 
where there is situated a BCIS field office so that the two 
bureaus will communicate with each other, can share files of 
aliens who may face action from both bureaus, and so that the 
BCIS can easily bring any suspected application fraud to the 
BIE for investigation or other necessary immigration 
enforcement action. Field offices are responsible for assisting 
the Director of the BIE in carrying out the Director's 
functions. Field directors are subject to the supervision and 
direction of their respective sector director, while field 
directors outside of the United States are subject to the 
supervision and direction of the bureau director. All field 
directors are accountable to, and receive their authority from, 
the Director of the BIE to ensure consistent application and 
implementation of immigration enforcement policies and 
practices nationwide. Field offices shall not become fiefdoms 
as too commonly exist currently with INS district offices 
around the country. Consistency across field offices is 
essential.
    Section 6(i) Border Patrol Sectors. Section 6(i) permits 
the BIE to establish Border Patrol Sectors, headed by chief 
patrol agents, who may be assisted by deputy chief patrol 
agents. Since border patrol sectors may need to cover 
geographical areas different from the BIE sectors, due to needs 
specific to the Border Patrol, border patrol sectors may differ 
geographically from the BIE sectors. Border Patrol sectors are 
responsible for the enforcement of all the immigration and 
naturalization laws within their assigned geographic areas of 
activity, unless a power and authority is required to be 
exercised by a higher authority or has been exclusively 
delegated to another immigration official or class of 
immigration officer. Chief patrol agents are subject to the 
general supervision and direction of their respective sector 
director, except that they shall remain accountable to, and 
receive their authority from, the BIE director, to ensure 
consistent application and implementation of immigration 
enforcement policies nationwide.
    Section 6(j) Transfer and Removal. Regardless of any other 
law, the Director of the BIE is authorized to transfer or 
remove any sector director, field director, or chief patrol 
officer, in the bureau director's discretion.

   Sec. 7. Office of Immigration Statistics within Bureau of Justice 
                               Statistics

    Section 7(a) In General. Section 7(a) establishes within 
the Justice Department's Bureau of Justice Statistics an Office 
of Immigration Statistics. The Office is headed by a director 
who is appointed by the Attorney General and reports to the 
Director of Justice Statistics. The director is responsible for 
maintaining all immigration statistical information of the 
Office of the AAGIA, the BCIS, the BIE, and EOIR. The 
statistical information is required to include the information 
and immigration statistics in a publication similar to the 
statistical yearbook prepared by the INS and EOIR. However, the 
Office of Immigration Statistics should endeavor to collect 
much more statistical information than the INS currently does. 
Too often, much of the statistical information that Congress 
requests from the INS is unavailable because the INS does not 
gather such statistics, even after the Congress has asked for 
similar statistics repeatedly.
    The director is also responsible for establishing standards 
of reliability and validity for immigration statistics 
collected by the Office of the Associate Attorney General, the 
BCIS, the BIE, and EOIR. Immigration statistics should no 
longer be politicized or manipulated to avoid negative press. 
Accordingly, established standards of reliability and validity 
are essential and long overdue.
    While this new Office of Immigration Statistics maintains 
all immigration statistics, the Office of the Associate 
Attorney General, the BCIS, BIE, and EOIR each gives the Office 
of Immigration Statistics statistical information from the 
operational data systems controlled by each respective 
component.
    Section 7(b) Transfer of Functions. Section 7(b) transfers 
the functions performed by the Statistics Branch of the INS 
Office of Policy and Planning to this newly established Office 
of Immigration Statistics.

                    Sec. 8. Exercise of Authorities

    Section 8(b) Preservation of Attorney General's Authority. 
Section 8(b) states that the Attorney General or his delegate 
may perform any function for which H.R. 3231 vests 
responsibility in an official other than the Attorney General.
    Section 8(c) Statutory Construction. Nothing in H.R. 3231 
can be construed to limit the powers, authorities, or duties of 
the Secretary of State and special agents of the State 
Department and the Foreign Service under the State Department 
Basic Authorities Act, the Immigration and Nationality Act, or 
any other act, to investigate illegal passport or visa issuance 
or use.

                       Sec. 9. Savings Provisions

    Section 9 states that all legal documents, including 
recognition of labor organizations, proceedings, suits, 
administrative procedure and judicial review that were in 
effect on the effective date of H.R. 3231, continue in effect 
according to their terms, until modified or terminated.

    Sec. 10. Transfer and Allocation of Appropriations and Personnel

    Section 10(a) In General. Section 10(a) states that the 
Justice Department personnel employed in connection with the 
functions transferred by H.R. 3231, as well as the functions 
that the Attorney General determines are related to the BCIS or 
BIE functions, and the assets, liabilities, contracts, 
property, records, and unexpended balance of appropriations, 
authorizations, allocations, and other funds available to the 
INS or OIL in connection with the functions transferred by H.R. 
3231, shall be transferred to the AAGIA for allocation to the 
appropriate component or bureau. Unexpended funds transferred 
may only be used for the originally authorized and appropriated 
purposes. The Attorney General may continue to adjust or 
realign transfers of funds and personnel effected by H.R. 3231 
for 2 years after the effective date of H.R. 3231.
    Section 10(b) Delegation and Assignment. Section 10(b) 
permits the AAGIA, the BCIS director, and the BIE director to 
delegate any transferred function to such officers and 
employees of the Office of the Associate Attorney General, 
BCIS, or BIE, respectively, as the person may designate, and 
permits successive re-delegations of such functions as 
necessary. However, no delegation of functions may relieve the 
official to whom a function is transferred under H.R. 3231 of 
responsibility for the administration of the function. The 
official is still accountable for the daily operations by the 
official's subordinate officials and employees.
    Section 10(d) Databases. Section 10(d) requires the AAGIA 
to ensure that the databases of the Office of the Associate 
Attorney General and those of the bureaus are integrated with 
each other and with the databases of EOIR to permit (1) the 
electronic docketing of each case by date of service upon an 
alien of the charging document; and (2) the tracking of the 
status of any alien throughout the alien's contact(s) with the 
United States immigration authorities, regardless of whether 
the entity with jurisdiction of the alien is, or was, the BCIS, 
the BIE, or EOIR. It is vital that the Government be able to 
track with which agencies an alien has had contact to avoid 
situations such as granting adjustment of status to an alien to 
whom the EOIR has issued a final order of removal, or removing 
an alien who was recently granted asylum by the BCIS. 
Integrated databases are essential for communication between 
the components to ensure consistent immigration procedures.

 Sec. 11. Authorization of Appropriations; Prohibition on Transfer of 
      Fees; Leasing or Acquisition of Property; Sense of Congress

    Section 11(a) Authorization of Appropriations for 
Transition. Section 11(a) authorizes such appropriated sums as 
are necessary to (1) abolish the INS; (2) establish the Office 
of the AAGIA, the BCIS, the BIE, and their components, and the 
transfers of functions required under H.R. 3231; and (3) carry 
out any other duty related to the reorganization of the 
immigration and naturalization functions that is necessary by 
H.R. 3231. The amounts appropriated must remain available until 
expended. The AAGIA should be designated as the principal 
person in the Department of Justice to appear before the House 
and Senate Appropriations Committees regarding appropriation 
requests, unless the Attorney General otherwise designates.
    Section 11(a) also establishes a separate account in the 
general fund of the United States Treasury known as the 
``Immigration Reorganization Transition Account.'' All 
appropriated amounts mentioned above, in addition to amounts 
otherwise generated or reprogrammed, are to be deposited into 
this transition account. To the extent possible in 
appropriations acts, the funds in the transition account should 
be available for expenditure prior to the effective date of 
H.R. 3231. This prevents non-transition money, such as 
application fees, to be used for unintended purposes.
    Section 11(b) Separation of Funding. Section 11(b) 
emphasizes that monies for immigration services must remain 
separate from immigration enforcement monies. Section 11(b) 
establishes separate accounts in the U.S. Treasury for 
appropriated funds and other deposits available for the BCIS 
and the BIE. It also requires the Director of the Office of 
Management and Budget to separate the budget requests for the 
BCIS and the BIE to ensure that the two bureaus are funded to 
the extent necessary to fully carry out their respective 
functions. Fees imposed for a specific service, application, or 
benefit must be deposited into the appropriate account for the 
bureau with jurisdiction over the function to which the fee 
relates. No fee may be transferred between the BCIS and the 
BIE. Currently, immigration service money can be transferred to 
immigration enforcement and visa versa. This prohibition on the 
transfer of fees is designed to end any such practice. In 
addition, collected application fees should be spent on 
application adjudication and not for non-adjudicatory purposes.
    Section 11(b) also ends the fee policy of using a portion 
of fees paid by visa applicants to cover the costs of 
adjudicating asylum applications. No longer will non-asylum 
applicants pay for asylum application processing. In addition, 
H.R. 3231 authorizes such sums as are necessary to process 
refugee, asylum, and adjustment of status for refugees 
applications.
    Section 11(d) Sense of Congress. Section 11(d) gives the 
sense of Congress that the missions of the Office of the AAGIA, 
the BCIS, and the BIE are equally important, each should be 
adequately funded, and the functions of all three should not 
operate at financial levels below that in existence prior to 
the enactment of H.R. 3231.
    Section 11(e) Elimination of Limitation on Expenditures for 
Backlog Reduction. Section 11(e) removes the limitation on 
expenditures for the reduction of application backlogs found in 
section 204 of the Immigration Services and Infrastructure 
Improvements Act of 2000. That act authorizes appropriations to 
reduce the immigration application backlogs, but states that 
none of the funds appropriated may be expended until a report 
on the backlogs has been submitted to Congress. The Attorney 
General is long overdue in issuing that backlog report. Section 
11(e) of H.R. 3231 eliminates such limitation so that the funds 
can be appropriated to reduce the overwhelming application 
backlogs without waiting additional time for the backlog 
report.

               Sec. 12. Reports and Implementation Plans

    Section 12 requires the Attorney General to report to the 
Committees on Appropriations and the Judiciary of both the 
House of Representatives and the Senate on the proposed 
division and transfer of funds, as well as the division of 
personnel among the Office of the AAGIA and the two bureaus, 
within 120 days from the date of enactment of H.R. 3231. 
Section 12 also requires the Attorney General to submit to the 
same Committees an implementation plan to carry out H.R. 3231 
within 120 days from the date of enactment, and every 6 months 
thereafter, until the end of FY 2005. The plan should include 
details concerning the separation of the Office of the 
Associate Attorney General and the two bureaus, including the 
following: (1) organizational structure, including field 
structure; (2) chain of command; (3) procedures for interaction 
among such office and bureaus; (4) procedures for the Director 
of Shared Services to perform all shared support functions, 
including authorizing the bureau directors to approve training 
curricula and to acquire necessary supplies and equipment to 
perform the daily operations of their respective bureau; (5) 
procedures to establish separate accounts and financial 
management systems for the two bureaus and to implement all 
provisions of section 11(b) of H.R. 3231; (6) fraud detection 
and investigation; (7) the processing and handling of removal 
proceedings, including expedited removal and application for 
relief from removal; (8) recommendations for conforming 
amendments to the Immigration and Nationality Act; (9) 
establishment of a transition team; and (10) ways to phase in 
the costs of separating the administrative support systems of 
the INS to provide for separate administrative support systems 
for the two bureaus in instances where separate systems are 
more efficient or effective.
    Section 12 also requires the Attorney General to report to 
the Appropriations and Judiciary Committees of both the House 
of Representatives and Senate on plans to improve immigration 
services and immigration enforcement within 1 year from the 
date of enactment of H.R. 3231. The Attorney General must also 
report on whether the Director of Shared Services is properly 
serving the two bureaus; and whether it would be more efficient 
to transfer more functions down to the bureaus or up to the 
Office of AAGIA, and the cost of such transfers, within 3 years 
from the date of enactment of H.R. 3231.
    The Attorney General must also submit to Congress a report 
to ensure a prompt and timely response to emergent, unforeseen, 
or impending changes in applications for immigration benefits, 
including the amount of immediate funding that would be needed 
to respond to such unforeseen changes.
    The last report required of the Attorney General by section 
12 relates to the cost effectiveness of interior checkpoints. 
No later than 6 months after the date of enactment of H.R. 
3231, the Attorney General must submit to the Congress a report 
on whether all permanent interior checkpoints operated by the 
INS should be closed and whether the funds that otherwise would 
be expended for the operation of such checkpoints should be 
reallocated for protecting and maintaining the integrity of the 
U.S. borders and increased enforcement at other points of entry 
into the U.S.
    Section 12 requires the Comptroller General to submit 
reports to the Appropriations and Judiciary Committees of 
Congress as well. The Comptroller General must report on the 
transition within 18 months from the effective date of H.R. 
3231 and every 6 months thereafter, until full implementation 
of H.R. 3231 has been completed. No later than 4 years from the 
effective date of H.R. 3231, the Comptroller General must 
submit a report, following a study, on whether the transferred 
functions have improved in the Office of AAGIA and the bureaus 
with respect to the following: operations; management, 
including accountability and communication; financial 
administration; and record keeping, including information and 
technology. The report must give a statement of the reasons for 
the determinations made above and any recommendations for 
further improvements to the Office of the AAGIA and the two 
bureaus.

          Sec. 13. Application of Internet-Based Technologies

    Section 13(a) Establishment of Tracking System. Section 
13(a) requires the Attorney General to establish an Internet-
based system that will permit individuals and employers with 
immigration applications filed with the Attorney General to 
have access to online information about the processing status 
of the application within 1 year from the date of enactment of 
H.R. 3231. Currently, individuals and employers must spend far 
too much time waiting in line at, and on the phone with, the 
INS to learn the status of a pending application. Allowing 
applicants to go on-line to check the status of an application 
will save hours of time and frustration in dealing with the 
INS' poor customer service and information officers.
    Section 13(b) Feasibility Study for On-Line Filing and 
Improved Processing. Section 13(b) requires the Attorney 
General to conduct a feasibility study for applicants to have 
the ability to file applications on-line, in addition to 
checking the status on line. The study must include a review of 
computerization and technology of the INS relating to the 
immigration services and processing of filings related to 
immigrant services. The study must also include a time and cost 
estimate and consider other factors in implementing such a 
filing system, including the feasibility of fee payment on-
line. The Attorney General is required to submit a report on 
this study to the Committees on the Judiciary for both chambers 
of Congress within 1 year from the date of enactment of H.R. 
3231.
    Section 13(c) Technology Advisory Committee. Section 13(c) 
requires the Attorney General to establish an advisory 
committee within 60 days from the date of enactment of H.R. 
3231 to assist the Attorney General in establishing the 
tracking system and conducting the study discussed above. The 
Attorney General should consult with the Judiciary Committees 
in establishing the Technology Advisory Committee. The advisory 
committee shall be composed of representatives from high 
technology companies capable of establishing and implementing 
the system expeditiously and representatives of persons who may 
use the tracking system and the on-line filing system described 
above.

                          Sec. 14. Definitions

    Section 14 defines ``function'' to include ``any duty, 
obligation, power, authority, responsibility, right, privilege, 
activity, or program.'' It defines ``office'' as ``any office, 
administration, agency, bureau, institute, council, unit, 
organizational entity, or component thereof.''

                  Sec. 15. Effective Date; Transition

    Section 15(a) In General. The abolishment of the INS, the 
establishment of the Office of the AAGIA, the BCIS, and the 
BIE, and the transfer of functions specified in H.R. 3231 take 
effect 1 year after the date of enactment of H.R. 3231. The 
AAGIA and the directors of the BCIS and BIE are also to be 
appointed no later than 1 year after the date of enactment of 
H.R. 3231. To the extent that functions to be transferred to 
such persons continue to be performed by the INS and OIL during 
fiscal year 2003, the Attorney General is required to provide 
for an appropriate accounting of funds and an appropriate 
transfer of funds appropriated to such entities to the 
appropriate component of the Office of the AAGIA, the BCIS or 
the BIE.
    Section 15(b) Transition Period for Certain Bureau 
Functions. Regardless of the effective dates mentioned above, 
if it is more efficient to do so during the transition, the 
AAGIA may perform the policy, legal, and congressional, 
intergovernmental, and public affairs functions for both the 
BCIS and the BIE during the 18-month period after the transfer 
of functions under this act takes effect.

                     Sec. 16. Conforming Amendment

    Section 16 strikes the ``Commissioner of Immigration and 
Naturalization, Department of Justice'' from level IV of the 
Executive Schedule list of positions, found at section 5315 of 
title 5 of the United States Code.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, existing law in which no change 
is proposed is shown in roman):

                      TITLE 5, UNITED STATES CODE



           *       *       *       *       *       *       *
                         PART III--EMPLOYEES

           *       *       *       *       *       *       *


                     Subpart D--Pay and Allowances

           *       *       *       *       *       *       *


                   CHAPTER 53--PAY RATES AND SYSTEMS

           *       *       *       *       *       *       *


              SUBCHAPTER II--EXECUTIVE SCHEDULE PAY RATES

           *       *       *       *       *       *       *


Sec. 5314. Positions at level III

    Level III of the Executive Schedule applies to the 
following positions, for which the annual rate of basic pay 
shall be the rate determined with respect to such level under 
chapter 11 of title 2, as adjusted by section 5318 of this 
title:
            Solicitor General of the United States.

           *       *       *       *       *       *       *

            Associate Attorney General for Immigration Affairs.

Sec. 5315. Positions at level IV

    Level IV of the Executive Schedule applies to the following 
positions, for which the annual rate of basic pay shall be the 
rate determined with respect to such level under chapter 11 of 
title 2, as adjusted by section 5318 of this title:
            Deputy Administrator of General Services.

           *       *       *       *       *       *       *

            [Commissioner of Immigration and Naturalization, 
        Department of Justice.]

           *       *       *       *       *       *       *


           OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968

                  TITLE I--JUSTICE SYSTEM IMPROVEMENT

           *       *       *       *       *       *       *


                  Part C--Bureau of Justice Statistics

           *       *       *       *       *       *       *


                  ESTABLISHMENT, DUTIES, AND FUNCTIONS

    Sec. 302. (a) * * *

           *       *       *       *       *       *       *

    (c) The Bureau is authorized to--
            (1) * * *

           *       *       *       *       *       *       *

            (22) ensure conformance with security and privacy 
        requirement of section 812 and identify, analyze, and 
        participate in the development and implementation of 
        privacy, security and information policies which impact 
        on Federal and State criminal justice operations and 
        related statistical activities; [and]
            (23) exercise the powers and functions set out in 
        part H[.]; and
            (24) collect, maintain, compile, analyze, publish, 
        and disseminate information and statistics about 
        immigration in the United States, including information 
        and statistics involving the functions of the Office of 
        the Associate Attorney General for Immigration Affairs, 
        the Bureau of Citizenship and Immigration Services, the 
        Bureau of Immigration Enforcement, and the Executive 
        Office for Immigration Review.
          * * * * * * *


                    OFFICE OF IMMIGRATION STATISTICS


    Sec. 305. (a) There is established within the Bureau of 
Justice Statistics of the Department of Justice an Office of 
Immigration Statistics (in this section referred to as the 
``Office''), which shall be headed by a Director who shall be 
appointed by the Attorney General and who shall report to the 
Director of Justice Statistics.
    (b) The Director of the Office shall be responsible for the 
following:
            (1) Maintenance of all immigration statistical 
        information of the Office of the Associate Attorney 
        General for Immigration Affairs, the Bureau of 
        Citizenship and Immigration Services, the Bureau of 
        Immigration Enforcement, and the Executive Office for 
        Immigration Review. Such statistical information shall 
        include information and statistics of the type 
        contained in the publication entitled ``Statistical 
        Yearbook of the Immigration and Naturalization 
        Service'' prepared by the Immigration and 
        Naturalization Service (as in effect on the day prior 
        to the effective date specified in section 15(a) of the 
        Barbara Jordan Immigration Reform and Accountability 
        Act of 2002).
            (2) Establishment of standards of reliability and 
        validity for immigration statistics collected by the 
        Office of the Associate Attorney General for 
        Immigration Affairs, the Bureau of Citizenship and 
        Immigration Services, the Bureau of Immigration 
        Enforcement, and the Executive Office for Immigration 
        Review.
    (c) The Office of the Associate Attorney General for 
Immigration Affairs, the Bureau of Citizenship and Immigration 
Services, the Bureau of Immigration Enforcement, and the 
Executive Office for Immigration Review shall provide 
statistical information to the Office of Immigration Statistics 
from the operational data systems controlled by the Office of 
the Associate Attorney General for Immigration Affairs, the 
Bureau of Citizenship and Immigration Services, the Bureau of 
Immigration Enforcement, and the Executive Office for 
Immigration Review, respectively, for the purpose of meeting 
the responsibilities of the Director.

           *       *       *       *       *       *       *

                              ----------                              


           SECTION 286 OF THE IMMIGRATION AND NATIONALITY ACT

   DISPOSITION OF MONEYS COLLECTED UNDER THE PROVISIONS OF THIS TITLE

    Sec. 286. (a) * * *

           *       *       *       *       *       *       *

    (m) Notwithstanding any other provisions of law, all 
adjudication fees as are designated by the Attorney General in 
regulations shall be deposited as offsetting receipts into a 
separate account entitled ``Immigration Examinations Fee 
Account'' in the Treasury of the United States, whether 
collected directly by the Attorney General or through clerks of 
courts: Provided, however, That all fees received by the 
Attorney General from applicants residing in the Virgin Islands 
of the United States and in Guam, under this subsection shall 
be paid over to the treasury of the Virgin Islands and to the 
treasury of Guam: Provided further, That fees for providing 
adjudication and naturalization services may be set at a level 
that will ensure recovery of the full costs of providing all 
such [services, including the costs of similar services 
provided without charge to asylum applicants or other 
immigrants.] services. Such fees may also be set at a level 
that will recover any additional costs associated with the 
administration of the fees collected.

           *       *       *       *       *       *       *

                              ----------                              


SECTION 204 OF THE IMMIGRATION SERVICES AND INFRASTRUCTURE IMPROVEMENTS 
                              ACT OF 2000

SEC. 204. IMMIGRATION SERVICES AND INFRASTRUCTURE IMPROVEMENT ACCOUNT.

    (a) * * *
    (b) Authorization of Appropriations.--
            (1) * * *

           *       *       *       *       *       *       *

            [(4) Limitation on expenditures.--None of the funds 
        appropriated pursuant to paragraph (1) may be expended 
        until the report described in section 205(a) has been 
        submitted to Congress.]

                           Markup Transcript



                            BUSINESS MEETING

                       WEDNESDAY, APRIL 10, 2002

                  House of Representatives,
                                Committee on the Judiciary,
                                                    Washington, DC.
    The Committee met, pursuant to notice, at 10:08 a.m., in 
Room 2141, Rayburn House Office Building, Hon. F. James 
Sensenbrenner, Jr., chairman of the Committee, presiding.
    Chairman Sensenbrenner. The Committee will be in order.
    Pursuant to notice I now call up the bill H.R. 3231, the 
``Immigration Reform and Accountability Act of 2001'' for 
purposes of markup, and move its favorable recommendation to 
the House. Without objection, the bill will be considered as 
read and open for amendment at any point.
    [The bill, H.R. 3231, follows:]
      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


    Chairman Sensenbrenner. Without objection, the Amendment in 
the Nature of a Substitute, which is before all Members, will 
be considered as the original text for the purpose of 
amendment, considered as read, and open for amendment at any 
point.
    [The Amendment in the Nature of a Substitute follows:]
      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


    Chairman Sensenbrenner. The Chair yields himself 5 minutes 
to explain the bill.
    Today we take the next step in advancing the process of 
fundamental reform of the most beleaguered agency in the 
Federal Government, the INS. At yesterday's hearing there was a 
consensus that the agency needs to be restructured. Today we 
will take such a step by voting on H.R. 3231, the ``Immigration 
Reform and Accountability Act.''
    This process began in the 1990's when the Barbara Jordan 
Commission on Immigration Reform issued its report, calling for 
a drastic restructuring of the INS, and the performance of the 
immigration law enforcement and the delivery of immigration 
benefits by separate agencies to avoid mission overload.
    Since then various alternative restructuring proposals have 
been put forward including one by the INS itself. Yet none of 
these proposals advance very far, and even the INS's own 
proposal was shelved during the last Administration. The 
current INS administrative plan keeps the INS intact as a 
consolidated agency, when what needs to be created are two new 
bureaus in the Justice Department. As we saw yesterday, the INS 
has reorganized itself numerous times in the past decades, but 
the agency is still in a deep quagmire. I don't think any 
additional attempt at internally reorganizing can pull the INS 
out of this morass in which it finds itself. Dramatic change 
must be made to our immigration system, and that is what H.R. 
3231 brings.
    The bill creates within the Justice Department an Associate 
Attorney General for Immigration Affairs. This would elevate 
immigration policy to the level that it deserves in the 
department, and ensure uniformity in national immigration 
policy. Also the bill promotes good management by requiring 
that the Associate AG has several years of experience in 
managing a large complex organization.
    The bill establishes two bureaus under the supervision of 
the agency, a bureau for Immigration Services and a bureau for 
Immigration Enforcement. Each bureau would be headed by a 
director with 10 years of experience in his or her respective 
immigration mission including 5 years of management experience. 
Each bureau would also have its own set of offices to set 
policy and focus on and carry out its distinct mission. Each 
bureau would have a separate budget. No longer will service be 
sacrificed for the sake of enforcement or vice versa as has so 
often happened in the past. The bill also provides for the 
reality that two separate immigration bureaus will need access 
to the same items, aliens' files and computer databases, for 
instance. Accordingly, the bill creates an office of shared 
services to allocate and coordinate resources needed by all of 
the components such as facilities, information resources and 
records.
    We learned at the end of fiscal year 2001 the INS had a 
backlog of 4.9 million applicants. There are serious service 
problems and needs serious service help. The bill creates an 
Office of the Ombudsman to ensure that legal aliens are treated 
with the respect they deserve by the service bureau. The 
Ombudsman will serve as an alternative to congressional 
immigration case workers, something welcome in this hallowed 
halls, for aliens and employers who are at their wit's end. The 
bill requires that the ombudsman have a background of customer 
service and immigration law.
    Finally, the bill requires the AG to establish the 
Internet-based system that will permit people with immigration 
applications filed with the AG to have access to online 
information about the procession status of the application. An 
online system would cut down on the long lines of people 
waiting each morning in front of INS offices to pick up forms 
and to check on their status, decrease the number of phone 
calls made to the INS by people trying to get information on 
status, and most important, would prevent the INS from losing 
the alien's paper files.
    This bill lays out the blueprint for success. It creates 
clear change of command, separate the agency into its to 
equally important but more manageable missions and requires 
more accountability. However, we in Congress cannot do all 
that's necessary to improve the INS. The Justice Department 
will need to fill the positions this bill creates with talented 
and resourceful people dedicated to improving the immigration 
system.
    Also the Commissioner will need to use solid leadership and 
creative management throughout the transfer of functions.
    Nevertheless the bill is the catalyst needed to reform and 
truly improve the INS, and I urge all Committee Members to 
support it.
    The Chair was about ready to recognize the gentleman from 
Michigan. The Chair will recognize in his stead the gentlewoman 
from Texas, who is the Ranking Member, for 5 minutes.
    Ms. Jackson Lee. I thank the gentleman very much. I imagine 
the gentleman from Michigan will be here.
    Let me acknowledge first of all the collaborative work of 
the Members of this Committee. I'd like to thank all of the 
Members of the Committee because their staff were engaged in 
these discussions. And, Mr. Chairman, I'd like to thank you and 
the Ranking Member, and of course, the chairman of the 
Immigration Committee for a word that seems to be difficult to 
utilize here in Washington, and that is ``engagement.'' And I 
think out of that we have an answer to what many Americans have 
posed as a question over a number of years, and that is, can 
the INS work, can the INS function?
    And we have given the INS almost 20 years with 
administrative changes, and I believe that we have now a large 
opportunity, this is a large day, if you will, an expansive day 
to begin turning the tide. This legislation offers to turn the 
tide.
    Many would offer to say what's in a name? And I believe 
there is something in a name and I am grateful saw the wisdom 
of a request by the Ranking Member, and I joined him to name 
this legislation after Honorable Barbara Jordan, one of my 
predecessors in the 18th Congressional District and obviously 
the author of the Jordan legislation. Times have changed, but 
one of the things Congresswoman Jordan attempted to do was to 
bring chaos into order. And I said this yesterday, that the INS 
can be an agency of law and order and compassion. It does not 
have to be an agency of chaos.
    This bill has come a long way, and I think the key elements 
of it are elements that generate out of compromise. I filed 
legislation a couple of years ago, H.R. 1562, and I saw the 
necessity of eliminating the existing and present INS with the 
understanding that there are many good employees and many good 
persons who are committed and dedicated public servants, but 
they're functioning on an antiquated, broken, misdirected 
system. This particular legislation creates an Associate 
Attorney General. I believe we need someone as high ranking at 
that position. There is only one Associate Attorney General 
existing in the Department of Justice as we speak. We now will 
create a second one. That is a powerful position.
    The bureau that will be created, there will be two 
directors, who will have distinct responsibilities over 
enforcement and then services, but they will be coordinated. 
They will know what each other are doing. They will not step on 
each other. They will not compete to the extent that they draw 
from the ability to perform their task well.
    The Enforcement Bureau will have the opportunity to create 
options and opportunities for professional development of the 
special investigators. And the Border Patrol, which has been a 
real problem, will be able to fight against attrition by 
fighting for more increased compensation for the Border Patrol 
agents, giving them the respectability of an enforcement 
agency, but yet not drawing upon the need of the Services 
Bureau and the responsibilities that they have.
    Mr. Chairman and my colleagues, if you talk to any Member 
you will find out that the overload of their office are 
immigration issues. They are totally inundated with the 
problems that constituents have in accessing legalization. The 
service centers don't work. The district offices don't work. 
Now we will have an integrated system with a direct line to 
Washington, where people will say, ``Washington has directed us 
to do this.'' That does not happen now. You'll find in the 
district offices and the field offices, they don't know what 
Washington is doing, they have no consistency in policy or 
direction. This legislation gives that direction.
    I'm very proud that many of us proposed the idea of dealing 
with children. We were finding, in the immigration system, that 
children were being divided from parents if they were in 
detention centers, that they didn't know what to do with 
children, that children were languishing in detention centers, 
that there was no special effort to combine the understanding 
of the laws of the child's nation and this Nation, and so we 
now have an Office of Children Affairs established in the 
Associate Attorney General's Office, raising the concern and 
importance of children's issues in the immigration system. This 
is a very important mechanism.
    We still need to secure a student tracking system that 
keeps track of every foreign national. We need to make sure 
that the proposals that the INS are putting forward work. 
That's why this is good legislation----
    Chairman Sensenbrenner. The time----
    Ms. Jackson Lee.--Mr. Chairman. Let me simply----
    Chairman Sensenbrenner.--of the gentlewoman has expired.
    Ms. Jackson Lee. May I simply just conclude in this 
sentence, if I could just conclude, by simply saying, Mr. 
Chairman, is that this bill does not preclude, does not 
preclude the Administration's offerings of last November. 
Clearly, it is structured for the Administration to integrate 
its structural changes in this legislation. And I ask my 
colleagues as we move forward, to join us in commending or 
recommending this bill.
    Thank you, Mr. Chairman.
    Chairman Sensenbrenner. The time of the gentlewoman has 
expired.
    The gentleman from Michigan?
    Mr. Conyers. Mr. Chairman, I ask unanimous consent to 
introduce my statement into the record.
    Chairman Sensenbrenner. Without objection, and also without 
objection, all opening statements will be placed in the record.
    [The prepared statement of Mr. Conyers follows:]
Prepared Statement of the Honorable John Conyers, Jr., a Representative 
                 in Congress From the State of Michigan
    Mr. Chairman, I strongly support the proposed compromise.
    I would like to thank you, along with Chairman Gekas and Ranking 
Member Jackson Lee, for working with us in good faith to develop a 
proposal that will accomplish our joint goal of an effective and 
efficient immigration service that both enforces the law and properly 
provides benefits to those seeking to immigrate.
    After months of negotiation and consideration of several bills and 
the Administration's proposal, we are all convinced that the chance for 
meaningful change at the INS is through legislative restructuring.
    In the broadest sense, we have agreed from the beginning that in 
order for the INS to meet its dual missions, it must be restructured 
into 2 agencies--one for enforcement and one for services--with a 
person at the top coordinating the activities of both branches where 
their missions' overlap.
    I agreed to join in this Substitute after we filled in some of the 
blanks and made some significant improvements.
    First, we have established an Associate Attorney General for 
Immigration Affairs, elevating policy decisions and management to a 
higher level within the Department of Justice. The Associate Attorney 
General has been given many of the tools and the resources needed to 
effectuate positive changes.
    In particular, within the Office of the Associate Attorney General 
is a single General Counsel. Originally there had been a General 
Counsel in each bureau. Needless to say, when have 2 lawyers ever been 
able to agree on anything? As the mission of the 2 branches will be 
different, the AAG now has a General Counsel to make sure that both 
bureaus apply the laws fairly and consistently.
    Second, the Substitute establishes an Office of Children's Affairs 
to address the special needs of immigrant children who are in the 
United States without their parents, often times in detention.
    Third, the Executive Office for Immigration Review has been moved 
out from under the responsibilities of the Associate Attorney General. 
As an adjudicatory body that reviews immigration decisions, it was 
inappropriate to have EOIR under the authority of the AAG for 
Immigration Affairs.
    Fourth, the Substitute leaves in place the Office of Special 
Counsel within the Civil Rights Division and the Office of Special 
Investigations within the Criminal Division. These organizations are 
presently functioning well and we saw no need to burden them with the 
immigration bureaucracy.
    Finally, we've agreed to make clear that asylum and refugee 
applications are to be paid for out of appropriated funds rather than 
raising the visa fees for other applicants in order to subsidize these 
important programs.
    I recognize that others--namely the Senate and the Administration--
have ideas on how to improve this bill. Some of them I probably agree 
with and I look forward to working with them as this bill moves its way 
through Congress. Today, however, we are taking a very positive step 
forward in making our immigration system work better.
    I urge my colleagues to support the amendment.

    [The prepared statement of Mr. Hyde follows:]
Prepared Statement of the Honorable Henry J. Hyde, a Representative in 

                  Congress From the State of Illinois

    Mr. Chairman, I plan to vote in favor of H.R. 3231, as amended by 
your amendment in the nature of a substitute. I would like to offer a 
few words by way of explanation.
    I strongly support the efforts of the Bush Administration, 
spearheaded by Attorney General Ashcroft and Commissioner Ziglar, to 
reorganize and reform the Immigration and Naturalization Service. 
Because the Administration already has all the statutory authority it 
needs to carry out its reorganization plan, my position has been that 
we should give the Administration plan a chance to work before 
legislating in this area.
    H.R. 3231, however, contains an important additional reform 
provision that does require legislative authority. This is the creation 
of an Associate Attorney General for Immigration Affairs to oversee all 
of our immigration-related operations. I believe the creation of this 
new position will complement and facilitate the Administration's 
reorganization and reform plan. Because the new Associate Attorney 
General position is at a substantially higher level in the Justice 
Department than the current INS Commissioner position, this change will 
make it far more likely that immigration issues get the attention they 
deserve--not just in times of crisis but day in and day out.
    H.R. 3231 contains several provisions that I think can and should 
be substantially improved as the bill works its way through the 
legislative process. In particular, the bill in its current form 
prescribes extremely detailed job specifications for the Associate 
Attorney General and for the heads of the immigration benefits and 
enforcement bureaus. I believe these requirements constitute 
inappropriate micromanagement. Rather than limit the President's 
flexibility in these appointments, we should allow him to choose from 
the broadest possible range of highly qualified candidates. To the 
extent that a check on the President's discretion is needed, this is 
more than amply provided by the Senate's advise and consent power.
    Despite these reservations, I believe a favorable report on H.R. 
3231 by the Judiciary Committee will be a step forward. I look forward 
to working with you, Mr. Chairman, as well as with the Administration, 
for further improvements in the legislation and in our immigration and 
naturalization system.

    Chairman Sensenbrenner. Let me say that there has been a 
motion to instruct on bankruptcy provisions on the farm bill 
that has been filed, which will be brought up at the end of the 
day, which limits our ability to consider this bill later on in 
the afternoon, and I'd like to be able to prevent us from 
having to come back tomorrow morning to finish this bill up, 
and that will require a little self discipline on the part of 
all of the Members so that we can get the amendments disposed 
of as quickly as possible.
    Are there any amendments?
    Mr. Berman. Mr. Chairman.
    Chairman Sensenbrenner. The gentleman from California.
    Mr. Berman. Mr. Chairman, I have an amendment at the desk.
    Chairman Sensenbrenner. The clerk will report the 
amendment.
    The Clerk. Amendment to the amendment in the Nature of a 
Substitute to H.R. 3231 offered by Mr. Berman.
    Mr. Berman. Mr. Chairman, I ask unanimous consent the 
amendment be considered as read.
    Chairman Sensenbrenner. Without objection, so ordered. The 
gentleman is recognized for 5 minutes.
    [The amendment follows:]
    
    
    Mr. Berman. Yes, Mr. Chairman. This is a fairly simple and 
straightforward amendment. It simply is an authorization of 
appropriations for refugee and asylum seekers. By law we do not 
charge, for very understandable reasons, refugees and asylum 
seekers application fees for adjustment of their status and for 
admission.
    Chairman Sensenbrenner. Will the gentleman yield?
    Mr. Berman. Yes.
    Chairman Sensenbrenner. I am prepared to accept this 
amendment. The impact of this authorization means that the fees 
that are charged to other applicants for benefits in the INS 
would not have to be raised to pay for the adjudications of the 
asylees and the refugees, and I think that cost shifting that 
is presently going on is unfair. If we want to state by law 
there are no fees charged to asylees and refugees, then we 
ought to use taxpayers' money to pay for their adjudication. 
That's what this amendment authorizes the funds for, and I 
think it is a good amendment.
    Mr. Berman. I couldn't have said it as well myself. Thank 
you, Mr. Chairman.
    Mr. Conyers. Would the gentleman yield?
    Mr. Berman. I'd be happy to.
    Mr. Conyers. I'd like to indicate my support for the 
amendment as well and thank the gentleman, and I yield back 
the----
    Chairman Sensenbrenner. I thank the gentleman.
    Ms. Jackson Lee. Will the gentleman yield?
    Mr. Berman. I would be happy to yield.
    Ms. Jackson Lee. Mr. Berman, first of all I want to thank 
you for this. I'm dealing with an asylum case as we speak, and 
I think that the statement that we make on this is the 
appropriate statement under refugee and asylum purposes, the 
reason why they're engaged in that process, and so I thank you 
for the amendment and support it.
    Mr. Berman. Thank you very much. I yield back.
    Mr. Gekas. Mr. Chairman?
    Chairman Sensenbrenner. Gentleman from Pennsylvania.
    Mr. Gekas. Yes. I move to strike the last word.
    Chairman Sensenbrenner. The gentleman is recognized for 5 
minutes.
    Mr. Gekas. I'd like to draw the attention of the Members to 
two phenomena that I wish to comment upon. One is that we have 
learned this morning, for those who have not heard, that the 
second of the four Pakistani ship jumpers is now in custody, so 
were 2 down and 2 to go apparently. We are not sure of the 
details of how the second came into custody, but it may be that 
he surrendered, thus making it easier to put the resources on 
trying to find the other two.
    Secondly, I wish to comment upon an added attractive 
feature that now appears in the substitute which we are 
considering, and that is that we will be contemplating and 
accentuating citizenship and the road to citizenship in the new 
structure that we have formulated for the INS.
    For instance, we would be adjusting the name of the Bureau 
of Services to the Bureau of Citizenship and Services. By 
itself, that is a wonderful symbol and message to our 
immigration policies and to all those involved in that 
phenomenon by accenting citizenship. And within that there 
would be an Office of Citizenship added to the Bureau of 
Citizenship and Services. This is in keeping with the often 
mentioned Barbara Jordan Commission accent on citizenship, and 
it is conforming to the ideas that many of us have had that 
we've got to elevate the feeling that new immigrants, in their 
drive towards citizenship, can accumulate while learning 
English, while learning some of the Americans, the American 
history that is so important to all Americans, and working 
their way finally to be able to undertake a test, to pass the 
test, and then to take an oath which will be meaningful, not 
just in its rhetoric but also in its fulsome meaning. In the 
current oath that we have so often observed in naturalization 
ceremonies, there are many of us who have been over educated 
who do not understand some of the words. In that oath that is 
now prevalent, there are the words ``abjure'' and 
``potentate.'' I myself have watched many of the new citizens 
stumble over those words, and I do not believe that 2 percent 
of them really understand what is meant by their own oath of 
citizenship.
    At some later point we have prepared, and we will offer to 
the Committee, a new oath, one that has been crafted to reflect 
that the beginnings of English are only--the beginnings of 
English only have sifted through to the new immigrants, but yet 
that oath will carry with it the two basic themes. One, the 
allegiance, the new allegiance to the new Nation that they are 
adopting; and secondly a concomitant rejection of allegiance to 
any other nation or any other foreign potentate, to use that 
word.
    So I'm looking forward to completion of the bill today 
which will elevate the symbol of and the actuality of 
citizenship, and then to ask the Members to be patient until we 
have another hearing on the basis of promoting a new oath and 
giving credence to what a new citizen is all about.
    I yield back the balance of my time.
    Chairman Sensenbrenner. The question is on the amendment 
offered by the gentleman from California, Mr. Berman. Those in 
favor will say aye.
    Opposed, no.
    The ayes appear to have it. The ayes have it, and the 
amendment is agreed to.
    Are there further amendments?
    Mr. Issa. Mr. Chairman?
    Chairman Sensenbrenner. The gentleman from California, for 
what purpose do you seek recognition?
    Mr. Issa. I have an amendment at the desk.
    Chairman Sensenbrenner. The clerk will report the 
amendment.
    Mr. Issa. Number 1.
    The Clerk. Amendment to the Amendment in the Nature of a 
Substitute offered by Mr. Issa to H.R. 3231. ``At the end of 
section 12 (relating to reports and implementation plans), add 
the following:''
    ``(h) Report on Interior Checkpoints.--Not later than 6 
months after the date of the''----
    Chairman Sensenbrenner. Without objection, the amendment is 
considered as read, and the gentleman----
    Mr. Watt. Mr. Chairman, I reserve a point of order.
    Chairman Sensenbrenner. The point of order is reserved.
    The gentleman from California is recognized for 5 minutes.
    [The amendment follows:]
    
    
    Mr. Issa. Mr. Chairman, my amendment seeks not to 
immediately perform an act as part of the reforming of the 
Border Patrol, but to in fact put once and for all a study out 
that would set what I believe to be a misguided practice by the 
Border Patrol and a misuse of resources aside.
    Within my district the Border Patrol on both the I-5 
Freeway, the busiest in our Nation, and the I-15, another major 
intersection, uses about 270 Border Patrol agents per day to 
apprehend between 7 and 14 illegals a day, depending upon a 
period of years, but right now it's running more toward the 7. 
When we look at the resources of hundreds of Border Patrol 
agents, in spite of the fact that the Border Patrol itself says 
that this is a wonderful thing, it doesn't appear to pass the 
test of cost effectiveness, and therefore, I would like to have 
the opportunity to study it, and then upon appropriate study, I 
believe we will be encouraging appropriately the INS to 
reallocate its resources to where they could do a lot more good 
without stopping hundreds of thousands of American citizens and 
non-citizens alike, needlessly every single day.
    Ms. Lofgren. Would the gentleman yield?
    Mr. Issa. Yes, I would yield.
    Ms. Lofgren. I'd just like to say I think this is such a 
sensible amendment. I think all of us in California have 
experienced what you've just described. Not only is it 
intrusive, but it seems so pointless, and--and I really 
strongly think this is a terrific idea and I hope that we can 
do it.
    I yield back.
    Chairman Sensenbrenner. Does----
    Mr. Watt. I withdraw my point order.
    Chairman Sensenbrenner. The question is on the Issa 
Amendment.
    Mr. Delahunt. Mr. Chairman?
    Chairman Sensenbrenner. The gentleman from Massachusetts, 
Mr. Delahunt.
    Mr. Delahunt. I support the amendment, but I want to direct 
an inquiry to the Chair. Yesterday during the hearing, I posed 
the question in terms of the utilization of local and State 
officials to conduct investigations to affect enforcement, I 
assist in enforcement activities. And I wonder--I haven't had 
an opportunity to examine the amendment, the substitute, but if 
there is legal authority that is necessary, doesn't it make 
sense to incorporate it in this bill now?
    And the answer I received yesterday was somewhat murky, and 
I'm just posing that question because I think it's related to 
what this gentleman said.
    Mr. Issa. If the gentleman would yield?
    Mr. Delahunt. I yield to Mr. Issa.
    Mr. Issa. I think your point of inquiry is very, very 
appropriate, and probably this study is going to point up 
whether or not hundreds of trained professionals stopping 
hundreds of thousands of cars a day is effective. If it is 
effective, perhaps you're right that local authorities, highway 
patrolmen, who it would be a routine thing for them to do, 
would be more appropriately used. I think in this particular 
case though, we will find that that type of activity would not 
be the best use of Border Patrol or local officials.
    Chairman Sensenbrenner. Will the gentleman from 
Massachusetts yield?
    Mr. Delahunt. I yield to the Chair.
    Chairman Sensenbrenner. Textually there is nothing in the 
Amendment in the Nature of a Substitute or in the bill relating 
to the Immigration Service deputizing State and local law 
enforcement to enforce the Immigration and Nationality Act. 
However, there is a provision in the '96 amendments to the INA 
that does give the INS the authority to do that, and this 
legislation does not affect what was in the '96 act in any 
respect. Does that answer your question?
    Mr. Delahunt. It does answer my question. I thank the 
Chair. I would hope that there would be a--I hope that the INS, 
the new bureau if it should occur, would encourage cooperation 
among local and State agencies so that we can have a force 
multiplier, if you will, because yesterday, we were listening 
to testimony by Mr. Ziglar that he has less than 2,000 
enforcement agents to cover the entire United States, and that 
is just simply inaccurate.
    Chairman Sensenbrenner. And if the gentleman will yield 
further, I think that is a very valid point, and certainly, 
given the magnitude particularly with figures of 321,000 aliens 
who have already been ordered deported by immigration judges, 
we ought to have the dragnet out on the people who have already 
had their day in court and lost.
    Mr. Berman. Would the gentleman yield?
    Mr. Delahunt. I yield to Mr. Berman.
    Mr. Berman. The whole question of in what situations to 
deputize State and local law enforcement officials to force our 
immigration off is a very complicated question. There are 
obviously some very clear and interesting questions about the 
300,000 that the Chairman mentioned, who are already under 
deportation orders, but then there are many other questions 
raised to, including cooperation with law enforcement.
    I would just suggest on a bill that I think has a great 
promise for strong bipartisan support, that if we start getting 
into legislating on that issue, we have--we could have some--it 
could raise a level of--it's something that really needs to be 
examined very carefully, in what situations you authorize and 
in what situations you don't.
    Mr. Delahunt. Reclaiming my time--I'll yield the time, but 
before I do I think--and I would commend to the subcommittee 
chairs and to the chair of the full Committee, consideration 
for a hearing into the issues that were raised by Mr. Berman, 
because I think it is absolutely essential. There is no way we 
are going to enforce our immigration laws without having some 
sort of ongoing cooperative effort with local and State law 
enforcement officials, we go through our airports--in my State, 
in Massachusetts for example, it's the Massachusetts State 
Police that are there. They're available. I'm sure that given 
the appropriate protocol they could be an invaluable assistance 
in terms of enforcing the immigration laws. And I yield back.
    Chairman Sensenbrenner. The question is on the Issa 
Amendment. Those in favor will say aye.
    Opposed, no.
    The ayes appear to have it. The ayes have it, and the 
amendment is agreed to.
    Are there further amendments?
    Ms. Baldwin. Mr. Chairman?
    Chairman Sensenbrenner. The gentlewoman from Wisconsin.
    Ms. Baldwin. Mr. Chairman, I have an amendment at the desk.
    Chairman Sensenbrenner. The clerk will report the 
amendment.
    The Clerk. Amendment offered by Ms. Baldwin to the 
Amendment in the Nature of a Substitute to H.R. 3231.
    Ms. Baldwin. Mr. Chairman, I ask that the amendment be 
considered as read.
    Chairman Sensenbrenner. If the clerk would keep on reading, 
I'd like to see some of--you know, some of the copies 
distributed before we waive the reading.
    The Clerk. ``In section 3(g)(2)(A)(i) of the bill, insert 
before the semicolon at the end the following:, including 
developing a plan to ensure''----
    Chairman Sensenbrenner. Without objection, the amendment is 
considered as read and the gentlewoman from Wisconsin is 
recognized for 5 minutes.
    [The amendment follows:]
    
    
    Ms. Baldwin. Thank you, Mr. Chairman. This amendment is 
simple. It would require the Office of Children's Affairs 
within the newly created agency for Immigration Affairs, to 
develop a plan to provide unaccompanied alien children with 
independent legal counsel. In the year 2000 the INS took 
approximately 4,700 alien children who lacked a family member 
of a close friend here in the U.S. into custody. Many 
unaccompanied children are smuggled into our country and forced 
into prostitution or labor. Many are simply used as tools for 
others to enter our country, and are then left behind.
    While the current laws were intended to protect the child's 
best interest, it has become increasingly clear that the law's 
intent and purpose has become as blurry and confused as the 
entire Immigration and Naturalization Services.
    While some of these unaccompanied alien children are 
deported or reunited with family members, many of them are 
placed in detention centers for long periods of time without 
receiving adequate counsel to help them navigate the legal 
process. Recently an 18-month-old infant was placed before a 
judge in her swing chair by the INS lawyer who sought to deport 
her as mandated under current law, as well as serve as her 
counsel, which is also mandated by law. Fortunately, another 
lawyer present in the chambers realized this enormous conflict 
of interest and offered to take the case pro bono.
    Almost one-third of the alien children will be shackled, 
periodically strip searched before being sent into detention 
centers, where they will eat, sleep and live beside juveniles 
who may have committed very serious crimes. They can end up 
staying in these detention centers for long periods of time, 
often between 1 month and 2 years before receiving asylum 
hearings.
    Many of these children will be transferred several times to 
other states an other detention centers without being provided 
legal advice, let alone being told in their native language 
where and why they are being moved.
    During the debate over INS restructuring, a common theme 
has been how the INS needs to do a much better job separating 
those who want to tear down this country from those who want to 
build it up. In most cases, unaccompanied alien children came 
to America to do neither. They came here because of situations 
out of their control or to flee the kinds of evil in their home 
countries we have learned so well exists throughout the world.
    By accepting this amendment, we will compel the INS to 
develop a plan that would provide unaccompanied alien children 
with the legal counsel they need to have a fair chance in the 
courtrooms in our country.
    Ms. Jackson Lee. Will the gentlelady yield?
    Ms. Baldwin. Be happy to yield to the gentlelady.
    Ms. Jackson Lee. Let me thank the gentlelady for an 
excellent proposal and excellent amendment. In the United 
States, of course, we're quite familiar with the guardian ad 
litem and the independent lawyer that is selected for any child 
that happens to appear in a judicial proceeding and/or an 
administrative proceeding. I think that this is minimally what 
we owe children who are languishing in detention centers, and I 
for one know that the detention centers that are spread across 
the Southern border in particular have children such as the 
Brazilian street children that have made their way up through 
Mexico and others who are trying to escape persecution and 
abuse, and thereby need to have independent counsel to assist 
them in whatever petitioning they're trying to achieve. So I 
would applaud the gentlelady and I would hope that my 
colleagues would support the amendment. I think it's an 
excellent addition to the Office of Children Affairs, and I 
yield back to the gentlelady.
    Chairman Sensenbrenner. For what purpose does the gentleman 
from Texas, Mr. Smith, seek recognition?
    Mr. Smith. Mr. Chairman, I move to strike the last word.
    Chairman Sensenbrenner. The gentleman's recognized for 5 
minutes.
    Mr. Smith. Mr. Chairman, I appreciate the motives of the 
gentlewoman from Wisconsin and understand why she's offering 
this amendment, but I'm going to oppose it for 2 reasons. First 
of all, if we will direct our attention to page 11 of the bill 
that we are considering, I want to point out that the children 
are not without help, and I'll read that provision that I think 
is applicable and appropriate from the bill.
    It calls for compiling, updating and publishing at least 
annually a state-by-state list of professionals or other 
entities qualified to provide the guardian and attorney 
representation services. In addition, the second reason, Mr. 
Chairman, I think we should oppose the amendment is that it 
violates Section 292 of the Immigration and Nationality Act 
which states that a person, ``Shall have the privilege of being 
represented at no expense to the government.''
    Appointing an attorney means the government is paying for 
it, and that is obviously and clearly prohibited by the INA. 
Mandating counsel raises the question of what is no attorney is 
willing to represent the alien pro bono. Must the government 
pay for an attorney to ensure the child has one in every case? 
Imagine this scenario, and this is not out of the realm of 
possibility. Imagine that a radical 17-year-old is apprehended 
by the INS before he can blow himself and dozens of others up. 
I'm not sure we really want to be in a position where we're 
asking the American taxpayer to pay for that 17-year-old's 
attorney.
    And for those reasons, Mr. Chairman----
    Ms. Baldwin. Would the gentleman yield?
    Mr. Smith.--I would encourage us to oppose the amendment, 
and I'll be happy to yield to the gentleman--the gentlewoman 
from Wisconsin.
    Ms. Baldwin. I just wanted to make very clear that this 
amendment stops short of--it requires the newly-created 
division to create plans that we would then have a chance to 
review in the future, and I think that this will bring this 
issue squarely before this Committee and the Congress in the 
future, but it does stop short of creating a mandate for 
appointment immediately, and I just don't want to see this 
issue lose the focus that it truly deserves and that was the 
only other point I wanted to make to the gentleman, that it 
does not immediately mandate appointment of counsel.
    Mr. Smith. Reclaiming my time, the language as you just 
stated does say ``developing a plan'' but I'm not sure there's 
much distinction really between developing a plan and mandating 
that attorney be appointed. It seems to me if you have a plan 
it's maybe a difference without a distinction and that's my 
concern.
    I'll yield back the balance of my time, Mr. Chairman.
    Chairman Sensenbrenner. The question is on the amendment--
--
    Mr. Delahunt. Mr. Chairman?
    Chairman Sensenbrenner. The gentleman from Massachusetts.
    Mr. Delahunt. I direct this to my colleague from Wisconsin. 
Would she accept an amendment based upon the statement by the 
gentleman from Texas which would indicate planning, but not 
implementing.
    Ms. Baldwin. I would certainly be interested n working out 
wording that could get this amendment--my critical mission here 
is to keep this very important issue moving. We do not want to 
see what is happening now continue, and I want to use the 
resources of the newly-restructured department to bring a plan 
back before us, and so if we can work out wording, as the 
gentleman from Massachusetts suggests or others, to keep this 
up front and center, I would be amenable to that at this point.
    Mr. Delahunt. Reclaiming my time, I direct to the gentleman 
from Texas whether he would accept an amendment which would 
specify that the planning, but without--without implementation 
to address----
    Mr. Smith. If the gentleman will yield.
    Mr. Delahunt. Sure, I yield.
    Mr. Smith. Again, I think my point is that may or may not 
be a difference with--a distinction without a difference. I'd 
be happy to work with you or the gentlewoman from Wisconsin 
between here and the House floor in a possible manager's 
amendment to consider that, but I wouldn't accept that 
amendment right now without----
    Mr. Watt. Would the gentleman yield?
    Mr. Smith.--clarification from others about whether it 
would still be violating the INA.
    Mr. Delahunt. I yield to the gentleman from North Carolina, 
Mr. Watt.
    Mr. Watt. I would just suggest that after word ``plan'' on 
line 3, we insert ``to be considered by Congress,'' so that it 
would be clear that whatever proposals or studies or 
suggestions that were being made would have to come back. I 
just think the gentleman is overreacting here. Even if you were 
going to implement a plan to have all children represented by 
counsel, even our plans here in the United States that require 
appointment of counsel end up with counsel being appointed for 
some pretty sinister terrible people. I agree that that is a 
problem, but the bulk of the--the important thing is that we 
assure that children's interests are represented, not 
necessarily looking beyond that because that will then come out 
in a hearing of some kind, and to try to make it seem like Ms. 
Baldwin is trying to implement a representation system by this 
amendment, I just think is a severe misreading, and I think 
that would clarify it, and I would ask the gentlelady if she 
would consider that as a friendly amendment?
    Chairman Sensenbrenner. Without--well, just so that we're 
sure----
    Mr. Delahunt. I yield back my time.
    Chairman Sensenbrenner. Is the gentleman from North 
Carolina proposing a modification of the Baldwin Amendment, and 
if so would he be----
    Mr. Watt. I'm not proposing it unless she's amenable to it, 
but if she is I would move----
    Chairman Sensenbrenner. Well, it would have to be done by 
unanimous consent anyhow, so----
    Mr. Watt. I would ask unanimous consent that the amendment 
be considered by adding, after the word ``plan'' on the third 
line, ``to be considered by Congress.''
    Chairman Sensenbrenner. Is there any objection to the 
modification?
    Mr. Issa. I would object.
    Chairman Sensenbrenner. Objection is heard. The question--
--
    Mr. Conyers. Mr. Chairman.
    Chairman Sensenbrenner. The gentleman from Michigan, Mr. 
Conyers.
    Mr. Conyers. Would the gentleman from Massachusetts yield?
    Mr. Delahunt. I yield to the Ranking Member, Mr. Conyers.
    Mr. Conyers. I thank you. My unofficial counter tells me 
this good amendment is going to go down, so why don't we 
withdraw it, I say to the gentleman, and let's work on it, 
because it's too good to suffer this kind of fate.
    Mr. Delahunt. I'll yield to the gentlelady from Wisconsin.
    Ms. Baldwin. Well, I certainly do want to recognize the 
incredible bipartisan effort that went into the crafting of the 
substitute that's before us. I would certainly hope that prior 
to this being considered on the floor, that we might be able to 
have language in a manager's amendment considered that will 
address this topic, and would hope that we can work with that 
understanding, that we can make progress on this issue, I would 
be willing to withdraw.
    Mr. Conyers. I thank the gentlelady.
    Chairman Sensenbrenner. Does the gentlewoman ask that the 
amendment be withdrawn?
    Ms. Baldwin. I ask that the amendment be withdrawn.
    Chairman Sensenbrenner. The amendment is withdrawn.
    Are there further amendments?
    Ms. Lofgren. Mr. Chairman?
    Chairman Sensenbrenner. The gentleman from Arizona, Mr. 
Flake.
    Mr. Flake. Mr. Chairman, I have an amendment at the desk.
    Chairman Sensenbrenner. The clerk will report the 
amendment.
    The Clerk. Amendment offered by Mr. Flake to the Amendment 
in the Nature of a Substitute to H.R. 3231.
    ``In section 4(a) of the bill, add at the end the 
following.''
    Mr. Flake. Mr. Chairman, I ask unanimous consent that the 
bill be--the amendment be considered read.
    Mr. Watt. I reserve a point of order.
    Chairman Sensenbrenner. Point of order is reserved. Without 
objection the amendment is considered as read and the gentleman 
is recognized for 5 minutes.
    [The amendment follows:]
    
    
    Mr. Flake. Mr. Chairman, I appreciate this opportunity to 
discuss this amendment. Chairman Ziglar's testimony yesterday 
touched upon one of the key concerns that I, and I believe many 
of my colleagues on this Committee share, and that's the 
culture of carelessness within the INS. Part of the problem is 
that many of the mid-level managers, career managers at the 
INS, have worked in their current divisions more than 10 years. 
Many don't have experience with other aspects of INS work, they 
stay and sometimes retire having spent their whole career in 
one mid-level position or in the same division. This is not 
done at the FBI or the Bureau of Prisons or the Armed Services. 
We have the policy there that individuals transfer around, 
move, have a more coherent view of the goal of the agency and 
what they're about.
    Something needs to be done to create a core of competent 
mid-level managers that will serve the good of the entire 
agency or bureau that they work in. I'm afraid that if we 
reform or abolish the INS, create separate bureaus, but create 
and have the same managers staying in their same positions, not 
move around and not have a program where they have a better 
sense of what the entire bureau or agency is about, that we'll 
have the same problem years from now.
    Now, Mr. Chairman, I understand the need for this bill to 
move quickly through the process. I have an understanding that 
we will have a markup coming up where we might be able to offer 
amendments such as this or bills such as this. And with that 
understanding then, I will withdraw this amendment, but I 
believe it is important.
    Chairman Sensenbrenner. The amendment is withdrawn. Are 
there further amendments?
    Ms. Lofgren. Mr. Chairman, I have an amendment.
    Chairman Sensenbrenner. The gentlewoman from California, 
Ms. Lofgren.
    Ms. Lofgren. I have an amendment at the desk.
    Chairman Sensenbrenner. The clerk will report the 
amendment.
    Ms. Lofgren. Number 069.
    Chairman Sensenbrenner. Number 069.
    The Clerk. Amendment offered by Ms. Lofgren.
    Mr. Watt. Point of order.
    Chairman Sensenbrenner. Point of order is reserved. Without 
objection the amendment is considered as read, and the 
gentlewoman is recognized for 5 minutes.
    [The amendment follows:]
    
    
    Ms. Lofgren. Thank you, Mr. Chairman.
    As I mentioned yesterday, I think that while there are a 
few items in the legislation before us that are meritorious, 
most particularly I appreciate the efforts made to include the 
technology language that was in a bill I introduced a couple of 
years ago, as well as the children's services efforts are a 
huge improvement over our current situation, I think in large 
measure, the legislation misses the grit of what's problematic 
in the agency, and that is the need to hold management 
accountable, and in fact, replace large sections of the 
management of the agency.
    This amendment would grant the Attorney General the 
authority to remove employees of the INS, the Office of the 
Associate Attorney General, the Bureau of Citizenship, to 
remove Senior Executive Service employees and those with 
significant supervisory or managerial responsibilities, and it 
would provide an 18-month period where management could be 
cleaned out. I really do think that if you take a look at the 
problems in this agency--and Mr. Flake's amendment I think 
attempted to address the same thing----
    Chairman Sensenbrenner. Would the gentlewoman yield?
    Ms. Lofgren. I would like to yield. Before I do, I would 
like to note the effort of Mr. Cannon in working on this 
amendment, and I would yield to the Chairman.
    Chairman Sensenbrenner. I thank you for yielding. I 
appreciate the effort that the gentlewoman from California has 
put in on this, and if I had my druthers and this would not 
trigger a sequential referral to the Government Reform 
Committee, I would enthusiastically support this amendment 
because I think that it is needed and it is necessary, you 
know, given the managerial problems that both Commissioner 
Ziglar and his predecessor, Commissioner Meissner noted. 
However, it will trigger a sequential referral and if and when 
the Government Reform Committee gets around to dealing with 
this issue, you know, the clock may very well have run out in 
this session of Congress.
    I would ask the gentlewoman from California to withdraw 
this amendment with the following understanding, that we work 
with the Government Reform Committee between now and the floor 
to see if we can work something out where they would agree to 
have the Rules Committee make this amendment an order, either 
in the form that it has been drafted by the gentlewoman from 
California or in some other form that is mutually acceptable to 
us and the Government Reform Committee.
    If we cannot work this out, then I am all for introducing 
this as separate legislation together with other personnel 
questions, and I imagine that there will be a joint referral. 
And I can give the gentlewoman from California that there will 
be an extremely expeditious markup on this as a way of 
pressuring the Government Reform Committee to deal with this 
issue, but I don't want this issue to slow down the 
reorganization of INS, which I think we all agree is necessary,
    And if they want to be with the program, we can put it in 
the bill when it gets to the floor. If they don't want to be 
with the program, then we'll turn up the heat on them to try to 
get this passed separately.
    Ms. Lofgren. Reclaiming my time, if I might inquire of the 
Chairman, would it be your intention to structure this and 
other measures that might be worthwhile in the form of a 
manager's amendment for the floor?
    Chairman Sensenbrenner. The answer to that question is very 
clearly yes. But again, we're going to need Government Reform 
sign-off. We've got it all drafted. They know it's out there, 
and we're going to have the staff work with Government Reform, 
and I'll talk to the Chairman about this, to try to get this 
done between now and the time this bill goes to the floor.
    Ms. Lofgren. Before asking to withdraw the amendment, might 
I yield time to the gentleman from Utah?
    Mr. Cannon. I thank the gentlelady.
    Mr. Chairman, I'd ask unanimous consent to submit a 
statement for the record.
    Chairman Sensenbrenner. Without objection.
    [The prepared statement of Mr. Cannon follows:]
 Prepared Statement of the Honorable Chris Cannon, a Representative in 
                    Congress From the State of Utah
    Mr. Chairman,
    I have an Amendment with Congresswoman Lofgren at the desk 
designated #1.
    Mr. Chairman, I was planning on offering this amendment today to 
increase the ability of the new head of the restructured agency to 
remove personnel in supervisory positions and restore some 
accountability.
    However, because of concerns about the Committee's exclusive 
jurisdiction and germaneness at this time, I am planning on withdrawing 
this amendment.
    But first let me speak to the importance of providing increased 
personnel flexibility and removal authority to whoever is in charge of 
a restructured immigration agency. I care passionately about this, and 
I know a number of my colleagues do as well.
    There are many good ideas and changes in this restructuring bill 
before us today, but re-arranging the organizational chart and giving 
someone the title of Association Attorney General for Immigration 
Affairs (AAGIA) alone does not give them the clout to effect the 
changes we are seeking.
    Commissioner Ziglar testified before us about the importance of 
changing not just the structures but the culture of this bureaucracy 
and that all comes down to accountability and effective management.
    If we do not provide better tools to deal with the personnel 
issues, the new head of this agency will be hamstrung in the same way 
Commissioner Ziglar is today.
    Indeed the problem could get worse under the new structure without 
increased personnel authority because under this bill we are 
transferring the authority and functions of the current commissioner 
directly to the two directors over services and enforcement. This could 
result in situations where the Attorney General has no authority to 
control agencies and bureaus which he supervises. It would be better if 
these functions were delegated to the two Directors ``subject to the 
authority and control of the Attorney General and the AAGIA.'' [Sec. 
4(b) and 6(b)].
    Moreover, I am concerned that the description of the AAGIA's 
functions in the amendment in the nature of a substitute is 
``overseeing the work of, and supervising'' the Directors of the 
service and enforcement bureaus, and with ``coordinating the 
administration of national immigration policy.'' This language does not 
necessarily create a position with the authority to set immigration 
policy and direct its implementation by the separate bureaus. These 
powers should be described in strong language that makes it clear that 
the AAGIA will be ``directly responsible for the administration of 
immigration affairs and for the development and implementation policy 
under the immigration laws of the United States.'' [Sec. 2(c)]
    But if we are not willing to do that, we at least need to adopt 
other tools to allow more effective manage. I fear that all of the 
organizational changes will be for naught if the same people take 
different titles and different desks with the same level of 
accountability.
    Our amendment would:

        1. LGrant the Attorney General the authority to remove 
        employees of the INS, Office of the Associate Attorney General, 
        Bureau of Citizenship and Immigration and Bureau of Immigration 
        Enforcement in the-

           a. Senior Executive Service, and

           b. Those with significant supervisory or managerial 
        responsibilities.

        2. LThis authority would be provided initially for an 18 month 
        temporary period for the purpose of seeing whether this 
        flexibility and accountability actually increases the 
        management effectiveness of the agency. The authority does not 
        become effective until the Attorney General submits a plan to 
        Congress within six months that details how he will implement 
        this plan and the AG must also provide notice to covered 
        employees.

    I want to note that the amendment does not waive anti-
discrimination requirements of current law or the rights of employees 
who allege discrimination in a disciplinary action, but it does provide 
much greater flexibility to terminate or otherwise remove supervisory 
employees for cause.
    Unfortunately our Committee does not have exclusive jurisdiction 
over federal personnel matters. So I will withdraw this amendment,
    I appreciate that the Chairman has agreed to work with me, 
Congresswoman Lofgren, the Government Reform Committee, and other 
interested Members of the Committee to do something about this very 
important issue before this bill comes to the floor. I thank him for 
his favorable comments and willingness to continue working on this 
issue and the other amendments we are offering and withdrawing today in 
anticipation of floor action.
    I thank the Chair and I yield back the balance of my time.

    Mr. Cannon. And let me just thank the gentlewoman for her 
work on this issue. It's very, very important, and further, let 
me state I appreciate your approach to dealing with this issue 
and really giving authority to the agency in some form at some 
time, so that they can actually perform the functions without 
the obstructionism of entrenched bureaucrats.
    I thank you and I yield back.
    Ms. Lofgren. Thank you.
    Mr. Chairman, I would ask unanimous consent to withdrawn 
the amendment.
    Chairman Sensenbrenner. The amendment is withdrawn.
    Are there further amendments?
    Mr. Barr. Mr. Chairman?
    Chairman Sensenbrenner. The gentleman from Georgia, Mr. 
Barr.
    Mr. Barr. I have an amendment at the desk.
    Chairman Sensenbrenner. The clerk will report the 
amendment.
    Mr. Barr. I ask unanimous consent that the amendment be 
considered as read.
    Chairman Sensenbrenner. Now, let's look at it first.
    Mr. Conyers. Mr. Chairman, reserve a point of order.
    Chairman Sensenbrenner. The clerk will report the 
amendment.
    The Clerk. Amendment to the Amendment in the Nature of a 
Substitute to H.R. 3231 offered by Mr. Barr of Georgia.
    Chairman Sensenbrenner. Point of order is reserved by the 
gentleman from Michigan. Without objection, the amendment is 
considered as read, and the gentleman from Georgia is 
recognized for 5 minutes.
    [The amendment follows:]
    
    
    Mr. Barr. Thank you, Mr. Chairman.
    Mr. Chairman, this amendment would reflect a change that 
would take us back to the provision in the original bill. It 
would transfer the functions of the Office of Special Counsel 
for Immigration-related Unfair Employment Practices into the 
new INS structure, taking it out of the general structure of 
the Department of Justice.
    Mr. Chairman, the Chairman of the Immigration Subcommittee, 
the gentleman from the Commonwealth of Pennsylvania, held a 
hearing recently at my request to inquire into problems that 
had developed with regard both to the statute underlying the 
responsibilities and jurisdiction of the Special Counsel for 
Immigration-related Unfair Employment Practices, as well as 
inconsistent and arbitrary policy implementation of those 
responsibilities.
    On the one hand the law makes it a crime for an employer to 
hire a new employee who is not legally in this country and 
properly authorized to obtain employment. Yet on the other 
hand, the law, such as enforced by the Special Counsel here, 
makes it impossible in many instances from a practical 
standpoint for the employer to ask certain questions or to take 
reasonable steps to determine whether or not the potential 
employee is in fact illegal in the country. And it's that 
whipsawing of the employers that leads to inconsistent 
application of the law and very serious problems for some 
employers.
    For example, we determined at this hearing that even the 
Department of Justice does not believe that one particular 
provision of this law that establishes a Special Counsel, which 
requires the employer, it actually mandates that the employer 
must accept as proof of a person being legal in this country 
and able to seek employment, an expired passport. We asked the 
witness from the Department of Justice to try and explain that. 
He could not do it or defend it with a straight face. There are 
very serious problems with this law, and in particular its 
application. I do believe that this amendment is worthwhile.
    However, due to the fact that in an effort to obtain a 
compromised piece of legislation that we can get through this 
Committee and get to the floor expeditiously, which I do 
believe is in the best interest of our Nation, I will withdraw 
the amendment at this point, but would urge all Members of the 
Committee to study this issue because it is something that I 
intend to bring back up because we really should not be putting 
our employers in the situation of making them liable for hiring 
illegals, but then making it impossible for them to reasonably 
determine whether or not those persons are illegal. Putting our 
employers in this impossible situation leads to lack of 
credibility in the law and the enforcement thereof. It creates 
very serious problems for employers and potential employees as 
well, and I do think that we need to address this 
expeditiously, but at this point I do withdraw the amendment.
    Chairman Sensenbrenner. The amendment is withdrawn.
    Are there further amendments?
    Ms. Lofgren. Mr. Chairman?
    Chairman Sensenbrenner. The gentlewoman from California. 
For what purpose do you seek recognition?
    Ms. Lofgren. I have an amendment at the desk, Number 070.
    Chairman Sensenbrenner. The clerk will report the 
amendment.
    Mr. Gekas. Point of order.
    Chairman Sensenbrenner. Point of order is reserved by the 
gentleman from Pennsylvania.
    The Clerk. I have 3 amendments.
    Ms. Lofgren. It's 070.
    The Clerk. Amendment offered by Ms. Lofgren to the 
Amendment in the Nature of a Substitute to H.R. 3231.
    At the appropriate place in the bill, insert the following 
and redesignate provisions and conform----
    Ms. Lofgren. I ask unanimous consent that the amendment be 
considered as read.
    Chairman Sensenbrenner. Without objection, so ordered, and 
the gentlewoman is recognized for 5 minutes.
    [The amendment follows:]
    
    
    Ms. Lofgren. Mr. Chairman, as I indicated in the discussion 
of the prior amendment, there is a need to address management 
deficiencies in this agency. Part of that equation is the need 
to be able to efficiently remove managers who are not 
performing adequately or whose functions are no longer required 
as this agency is cleaned up. The other side of the coin is the 
need to efficiently bring in people to efficiently manage this 
agency at the management level. And I am aware, having worked 
with this agency, as so many of us have, that there are big 
holes in the skill sets in some parts of the management. In 
particular, there is a dramatic need to upgrade the management 
directives in the technology arena. It is very difficult to 
attract that talent using the civil service system, and in 
fact, I think it's going to be impossible to do so.
    What this amendment would do would grant to the Attorney 
General the ability to enter into contracts in order to promote 
efficiency in management. It would allow for a 2-year period 
contracting either with individuals or with firms to provide 
for necessary management services, and I think it is essential 
if we are going to ask the new Attorney General or if the 
current proposal by the Commissioner remains in place and is 
fully implemented, the Commissioner have this opportunity.
    Chairman Sensenbrenner. Would the gentlewoman yield?
    Ms. Lofgren. I would. Before I yield, also thank the 
gentleman from Utah for his efforts at putting this amendment 
together.
    Chairman Sensenbrenner. This amendment poses the same 
problem as the previous amendment, in that it will trigger a 
sequential referral to Government Reform, and with the same 
representations I made with the previous amendment, that we 
would try to work something out between now and the floor, I 
would request that the gentlewoman withdraw this amendment and 
we will work on it without delaying the underlying bill.
    I'd make a further request, is that the further amendments 
that the gentlewoman is proposing have the same problem of the 
sequential referral, and maybe she'd like to offer those in 
block.
    Ms. Lofgren. I'll certainly consider it, but before asking 
to withdraw this amendment, I would like to yield time to the 
gentleman from Utah.
    Mr. Cannon. I thank the gentlewoman.
    Let me just say I think this--recognizing the problems of 
jurisdiction and supporting the Chairman in his position on it, 
let me just add that I--we've done a lot of this kind of thing 
and a lot of different countries across the world, and 
certainly in America. The problems that the INS have are going 
to be solved this way, and somehow we need to see our way clear 
to have an amendment to this effect somewhere so that the 
agency can move quickly to solve the problems that have accrued 
over a very long period of time, and under management that has 
taken advantage of the technologies that have been available in 
other fashions.
    So I'd like to thank the gentlelady for offering the 
amendment and for her work on the amendment, and just want to 
point out how important the amendment is, and with that I yield 
back.
    Ms. Jackson Lee. Would the gentlelady yield?
    Ms. Lofgren. I would yield.
    Ms. Jackson Lee. I thank the gentlelady as well for the--
this sort of train of thought on the amendments that she's 
offered. As I recall, Commissioner Ziglar made some of these 
very points as related to the hearing that we had on the snafu 
of the visas of the terrorists going to the school after their 
death and after the tragic incident of September 11th. What it 
was is of course the ability to move people about, to bring in 
expertise that will be useful.
    I hope that the Chairman can work with you on this 
amendment. I think this is a step in the right direction. It 
also goes to the point, very briefly, that we are not 
precluding the Administration from making some of the changes 
they would like to make which include giving them greater 
flexibility and the kind of staffing that they will have.
    I yield back to the gentlelady and I think this is an 
excellent amendment.
    Ms. Lofgren. Thank you. I ask unanimous consent to withdraw 
this amendment.
    Chairman Sensenbrenner. The amendment is withdrawn. Are 
there further amendments?
    Ms. Jackson Lee. Mr. Chairman?
    Chairman Sensenbrenner. The gentlewoman from Texas, Ms. 
Jackson Lee, for what purpose do you seek recognition?
    Ms. Jackson Lee. I have an amendment at the desk, Number 1.
    Chairman Sensenbrenner. The clerk will report Jackson Lee 
Number 1.
    The Clerk. Amendment offered by Ms. Jackson Lee to the 
Amendment in the Nature of a Substitute to H.R. 3231.
    In section 4 of the bill, insert after subsection (k) the 
following (and redesignate provisions accordingly).
    Ms. Jackson Lee. Mr. Chairman, I ask that the amendment be 
designated as read.
    The Clerk. (1) Mission--It shall be the mission----
    Chairman Sensenbrenner. Without objection, the amendment is 
considered as read and the gentlewoman is recognized for 5 
minutes.
    [The amendment follows:]
    
    
    Ms. Jackson Lee. Mr. Chairman, this is a straightforward 
amendment, and it is consistent with the constant cry that you 
get from the constituents who have to utilize service bureaus 
and various service bureaus and field bureaus. It simply says 
that the new INS should be integrated from top to bottom and 
bottom to top, that the mission of the field offices and 
service centers of the Bureau of Citizenship and Immigration, 
which is the service arm----
    Chairman Sensenbrenner. Would the gentlewoman yield?
    Ms. Jackson Lee. I'd be happy to yield.
    Chairman Sensenbrenner. I think this is an excellent 
amendment and I'm prepared to accept it. One of the problems 
with the current INS is inconsistent interpretations of the 
same law and the same regulations. So there are different 
strokes for different folks depending upon what district office 
you're dealing with. This is designed to prevent this from 
happening in the restructured Immigration Affair, something 
that's long overdue.
    Ms. Jackson Lee. I thank the Chairman for his kindness. 
This is an amendment for consistency of policy and practice.
    And with that, Mr. Chairman, I yield back, asking my 
colleagues to support the amendment.
    Chairman Sensenbrenner. The question is on the adoption of 
Jackson Lee Amendment No. 1. Those in favor will say aye.
    Opposed no.
    The ayes appear to have it. The ayes have it, and the 
amendment is agreed to.
    Are there further amendments?
    Ms. Lofgren. Mr. Chairman, I have one more amendment.
    Chairman Sensenbrenner. The gentlewoman from California.
    Ms. Lofgren. It's 071.
    Chairman Sensenbrenner. The clerk will report Lofgren 071.
    The Clerk. Amendment offered by Ms. Lofgren and Mr. Cannon 
to the Amendment in the Nature of a Substitute to H.R. 3231.
    At the appropriate place in the bill insert the following 
(and redesignate provisions and conform the table of contents 
accordingly).
    Chairman Sensenbrenner. Without objection the amendment is 
considered as read.
    Mr. Gekas. Mr. Chairman, I reserve a point of order.
    Chairman Sensenbrenner. The gentleman from Pennsylvania 
reserves a point of order. And the gentlewoman from California 
is recognized for 5 minutes.
    [The amendment follows:]
    
    
    Ms. Lofgren. Mr. Chairman, this amendment likely will fall 
into the category of the prior two amendments, but I do want to 
discuss it and get it in that mix. Currently, Federal law makes 
contracting quite a burdensome and bulky process. And what this 
amendment would do would allow the Attorney General to enter 
into contracts with private sector firms to develop and 
implement an overall technology solution to the INS current 
problems. It would allow--give the INS the ability to update 
technology and data-based systems, allowing information sharing 
with other public agencies. It provides for advertising and 
allowing the AG to have private sector firms come in and to use 
a nonspecific nontechnical term, case the joint, and see what's 
necessary. I know that there are dozens of firms in Silicon 
Valley who are prepared to do this, but the current structure 
really prevents it from occurring.
    This would allow this increased flexibility for 9 months, 
so that as we restructure internally the functions within this 
agency, it can be done with technology in mind.
    Chairman Sensenbrenner. Would the gentlewoman yield?
    Ms. Lofgren. I would be happy to yield.
    Chairman Sensenbrenner. Again, contracting requires a 
sequential referral to Government Reform. Idea number three is 
just as good as ideas number one and two, and I will 
incorporate by reference my comments on one and two and try to 
work it out between now and the floor.
    Ms. Lofgren. Before asking unanimous consent to withdraw 
this amendment, I would like to thank Mr. Cannon for his 
efforts on this and yield time to Mr. Cannon.
    Mr. Cannon. Thank you again. I appreciate the gentlewoman's 
hard work on this. These three amendments, I think, are very, 
very important. We have talked about them and worked on them, 
and I think all three of them are critical to the real 
effective running of the agency.
    And with that, I yield back.
    Ms. Lofgren. Mr. Chairman, I was going to prepare another 
amendment that would also fall in the category of a sequential 
referral item. Rather than do that and take the Committee's 
time to bring up still another amendment, I would hope that as 
we put together a measure for a manager's amendment that we 
would also include pay parity for Border Patrol and inspectors 
so that we will not have the turnover rate that we are 
experiencing on the law enforcement side.
    Chairman Sensenbrenner. Will the gentlewoman yield further 
on that?
    Ms. Lofgren. Yes, I will.
    Chairman Sensenbrenner. I support that idea as well, and 
you may recall that we took a big step in that direction with 
the visa and border security bill that the House has passed 
twice, once with and once without 245(i) in it, and which is 
stuck in a hold in the Senate. Hopefully, the Senators will be 
able to figure out a way to change Mr. Byrd's mind and we can 
get that to the President even before we pass this in the 
House.
    Ms. Lofgren. Thank you, Mr. Chairman. With your comments on 
this technology amendment as well as the pay parity issue----
    Ms. Jackson Lee. Would the gentlelady yield?
    Ms. Lofgren. I would yield to the lady from Texas.
    Ms. Jackson Lee. I just want to--the technology issue, to 
the gentlelady from California, is such a key element. You had 
mentioned a recent visit to the border. One of the issues that 
was discussed in dealing with homeland security was, in fact, 
technology utilization by the INS at both of our borders, 
basically in the INS. I think it is excellent.
    I hope we can also go unanimously on record, this entire 
Committee, of our support for border pay parity. That is 
something that many of us have had legislative initiatives on, 
but I think if we could come out on this Committee with a 
unanimous push that we would manage to get them not only parity 
but also professional development training as well.
    I thank the gentlelady for the effort. I yield back to her.
    Ms. Lofgren. Mr. Chairman, I ask unanimous consent to 
withdraw the amendment.
    Chairman Sensenbrenner. The amendment is withdrawn.
    Are there further amendments?
    Ms. Jackson Lee. I have an amendment at the desk.
    Mr. Issa. Mr. Chairman?
    Chairman Sensenbrenner. The gentleman from California, Mr. 
Issa.
    Mr. Issa. Thank you, Mr. Chairman. This is my amendment 4.
    Chairman Sensenbrenner. The clerk will report Issa number 
4.
    The Clerk. Amendment offered by Mr. Issa to the amendment 
in the nature of a substitute to H.R. 3231----
    Chairman Sensenbrenner. The gentleman reserves a point of 
order on the amendment.
    Without objection, the amendment is considered as read, and 
the gentleman from California is recognized for 5 minutes.
    Mr. Issa. Mr. Chairman, I offer this amendment because in 
looking at the restructuring, I felt that there was an absence 
of what I would consider to be corporate transparency.
    In my years in the private sector, what I discovered is 
that if the financially accounting and responsible people, the 
people responsible for your budget, your profits, your losses 
in the private sector--obviously, in this case just 
expenditures--have to report to somebody else, what you end up 
with is you end up with somebody telling you their 
interpretation of two distinctly different organizations.
    If we are to create two organizations that we fund 
separately and that we make them accountable for the good and 
proper use of the monies that the Government authorizes and 
appropriates, then I believe very strongly that we need to have 
a CFO in each camp, and that a CFO in each camp reporting then 
not to a financial adviser but to someone who reports here to 
Congress, appears to be the appropriate way to have it.
    And that is the reason that I offer this amendment. I 
believe that CBOs reporting to a CFO opens the possibility for 
a CFO to be ombudsman for a continuation of the movement of 
cash and resources between two agencies, where we have chosen 
to end that practice. That is the reason I offer it, and I 
believe--I encourage everyone here to support this amendment.
    Thank you.
    [The amendment follows:]
    
    
    Mr. Conyers. Mr. Chairman?
    Chairman Sensenbrenner. The gentlemen from Michigan.
    Mr. Conyers. Mr. Chairman, this is--now, here is the 
amendment that will gut the whole bill and everything that we 
are trying to do in a bipartisan fashion. I can't figure out 
this morning whether the gentleman is aware of it or not, but 
it doesn't make any difference.
    Once you take the financial adviser out of this deal, we 
are done for, and I think it is very regrettable that at this 
stage of the hearing the gentlemen from California would try 
something like this. I think that----
    Mr. Issa. Would the gentleman yield?
    Mr. Conyers. No.
    I think we have got to turn this thing down right now or we 
have just blown the agreement that we have worked for weeks and 
weeks and weeks on.
    Ms. Jackson Lee. Would the gentleman yield?
    Mr. Conyers. Yes.
    Ms. Jackson Lee. Mr. Conyers, just for edification, one of 
the issues that those who applaud the INS--there may be a few--
and those who oppose it is the whole idea of funding and the 
independent financial position in the INS, meaning the limit of 
such.
    This is a key element to answering the concerns of ordering 
their dollars and directing their dollars, and I do agree with 
you and I hope that we will have the opportunity to answer the 
gentleman's question from California, but not pass this 
amendment.
    Mr. Coble. Mr. Chairman?
    Chairman Sensenbrenner. The time belongs to the gentleman 
from Michigan.
    Mr. Conyers. I return my time.
    Chairman Sensenbrenner. I move to strike the last word.
    I am strongly opposed to this amendment and I would ask all 
of the Members of the Committee to vote it down. This is bill 
is a result of delicate negotiations and one of the things that 
the people who did the negotiating on a bipartisan way 
attempted to do was to establish vertical lines of authority so 
that there would be accountability in both of the new bureaus 
in the INS and the buck will stop at the top.
    Now, the amendment of the gentleman from California 
diffuses the responsibility and once we start diffusing the 
responsibility, then, you know, we end up creating two 
bureaucracies that won't have accountability to replace one 
bureaucracy that doesn't have accountability.
    And my hope is that Members on both sides of the aisle 
would end up voting this amendment down because we do not need 
another cook to spoil the broth, called a chief financial 
officer.
    Mr. Issa. Would the gentleman yield?
    Chairman Sensenbrenner. I yield to the gentleman from 
California.
    Mr. Issa. Thank you, Mr. Chairman. It is with regret that I 
will withdraw this amendment. I have to be honest. I disagree 
with the Ranking Member and the chairman on the effects of 
this. However, since I was not part of the negotiations and was 
not aware of the delicateness of those negotiations, then I 
think it appropriate to leave the status quo, and with that I 
withdraw the amendment.
    Chairman Sensenbrenner. The amendment is withdrawn.
    Are there further amendments?
    Ms. Jackson Lee. I have an amendment at the desk.
    Chairman Sensenbrenner. The clerk will report the 
amendment.
    Ms. Jackson Lee. I think this is amendment number 2.
    Mr. Gekas. I reserve a point of order, Mr. Chairman.
    The Clerk. Amendment offered by Ms. Jackson Lee, of Texas, 
to the amendment in the nature of a substitute----
    Chairman Sensenbrenner. A point of order is reserved by the 
gentleman from Pennsylvania.
    Without objection, the amendment is considered as read and 
the gentlewoman from Texas is recognized for 5 minutes.
    Ms. Jackson Lee. Yes, Mr. Chairman. This amendment has been 
conformed to follow the trend that was voted on by this 
Committee just a while back with respect to a report, but let 
me offer to my colleagues the intent of this amendment.
    We heard testimony yesterday by Professor Martin, I 
believe, and the Commissioner about what we call emergent needs 
for the INS, when all of a sudden the application surge comes 
forward and there is no way to respond to it.
    Chairman Sensenbrenner. Will the gentlewoman yield?
    Ms. Jackson Lee. I will be happy to yield.
    Chairman Sensenbrenner. I am prepared to accept this 
amendment. And, you know, as we know, there will be proposals 
coming in the future to change the Immigration and Nationality 
Act----
    Ms. Jackson Lee. Right.
    Chairman Sensenbrenner.--and to require the Attorney 
General to submit this report to Congress. We will make sure 
that if we get rid of a 5-million-case backlog we don't end up 
creating a new 5-million-case backlog, should Congress decide 
to change the Immigration and Nationality Act. So I accept the 
amendment.
    Ms. Jackson Lee. I thank the chairman. I ask my colleagues 
to support it. It is to be able to respond to the needs, 
emerging needs, of the INS. It is a study.
    Thank you.
    [The amendment follows:]
    
    
    Chairman Sensenbrenner. Does the gentlewoman yield back the 
balance of her time?
    Ms. Jackson Lee. I would be happy to yield back my time, 
Mr. Chairman.
    Chairman Sensenbrenner. The question is on the----
    Mr. Watt. Mr. Chairman?
    Chairman Sensenbrenner. The gentleman from North Carolina.
    Mr. Watt. Mr. Chairman, I move to strike the last word.
    Chairman Sensenbrenner. The gentleman is recognized for 5 
minutes.
    Mr. Watt. Thank you, Mr. Chairman. I will be brief. I have 
not offered any amendments and do not intend to. I appreciate 
the several people who approached me after yesterday's hearing 
to see whether there were amendments that I might be interested 
in offering that would garner my support for this bill, and it 
seemed to me better not to offer any amendments and not to 
prolong the process, but I did want to say a couple of words 
before we move to final passage.
    I have some serious reservations about the direction of 
this bill. At worst, I think it will make a terrible situation 
even more terrible and be counterproductive. I do not think 
that putting the Bureau of Citizenship and Immigration Services 
in the Attorney General's office sends the kind of message that 
we should be sending.
    I don't think it is a law enforcement function. I don't 
think it is naturally related to the functions of the Attorney 
General. Perhaps the Enforcement Section would appropriately be 
there, but I think dividing these services into two separate 
agencies really has the potential to make matters worse and 
reduce even the minimal level of coordination that exists 
already and make it more difficult for everybody to get to 
records and to do the work that the INS should be doing.
    I didn't want to prolong this. I just wanted to say that 
there are people--that it is--I guess I applaud the efforts of 
those people who have been trying to negotiate a deal and to 
improve the services of the INS. I am just not convinced that 
this is going to do it, and I think there are a lot of people 
who will then go out and say that we did something magnificent 
today that really is not nearly as magnificent as we could have 
done if we had tried to deal with some of the substantive 
issues in the INS.
    So it is my intention--I won't ask for a recorded vote, but 
I did want to note for the record that my voice vote, if we 
don't have a recorded vote, will be against this bill. And I 
just think the public needs to know that despite the fact that 
a deal has been made and despite the fact that we have put 
Barbara Jordan's name on this bill there are still some people 
here who do not think this is a good idea, and I happen to be 
one of them.
    I yield to the gentlelady from California.
    Ms. Lofgren. Thank you, Mr. Watt. I just wanted to take a 
minute to concur in some of your comments.
    I do not doubt at all the sincerity of the chairman and the 
Ranking Member, their intentions. I just think that the product 
before us is likely to make matters worse instead of better. I 
have grave concerns about the lack of line authority on the 
part of the new Associate Attorney General. I am also concerned 
about the codification of the fiefdoms out in the field.
    I worry also that the resource allocation will be 
inadequate on the benefits side, and I--you know, I know that a 
lot of hard work was put into this by many Members and I 
respect that as well. I just feel that diverting attention from 
what the Commissioner is attempting to do with the 
restructuring plan that he put before us in November is a 
mistake and likely to make matters worse.
    I would note we have all been frustrated with the INS.
    Chairman Sensenbrenner. The time of the gentleman from----
    Ms. Lofgren. I ask unanimous consent for an additional 
minute.
    Chairman Sensenbrenner. Without objection.
    Ms. Lofgren. We have all been frustrated with the INS. I 
have been a harsh critic of the INS, but very--the Commissioner 
had been on the job 36 days prior to September 11, and I think 
he deserves a chance to manage this agency and restructure it. 
And if he can't do it, he ought to be replaced with someone who 
can. We ought to give him the tools, tell him to get the job 
done, and I think that would be preferable to the bill before 
us.
    I yield back the balance of my time.
    Chairman Sensenbrenner. The time of the gentleman has 
expired.
    Are there further amendments?
    Ms. Jackson Lee. Mr. Chairman?
    Mr. Barr. Mr. Chairman?
    Chairman Sensenbrenner. The gentleman from Georgia.
    Mr. Barr. Thank you. I have an amendment at the desk, 
number 2.
    Chairman Sensenbrenner. The clerk will report the 
amendment.
    The Clerk. Amendment offered by Mr. Barr to the amendment 
in the nature of a substitute----
    [The amendment follows:]
    
    
    Chairman Sensenbrenner. A point of order is reserved by the 
gentleman from Michigan.
    Without objection, the amendment is considered as read and 
the gentleman from Georgia is recognized for 5 minutes.
    Mr. Barr. I appreciate the chairman and again appreciate 
this very carefully crafted and extremely important bill which 
will provide a framework for a properly functioning immigration 
system in this country, and to which we will in the near future 
insert various substantive changes to immigration statuses, 
immigration law, and so forth.
    One of those that I do think we ought to take up--and I 
will not press the point or this amendment at this point, Mr. 
Chairman, in recognition of the work that you and other Members 
on both sides have done to craft a bill that reflects a serious 
effort to compromise and make sure that we get something good 
through here.
    But I do think it is important for us down the road not to 
overlook the fact that when powers are and will be transferred 
to the Director of the Bureau of Citizenship and Immigration 
Services, such as administrative review, adjudication, and 
approval of non-immigrant and immigrant visa petitions that 
approval must require--before the Director of the Bureau of 
Citizenship and Immigration Services approves, it shall require 
prior confirmation from the Director of Immigration Enforcement 
based on records controlled by the Bureau of Immigration 
Enforcement to ensure that the right hand knows what the left 
is doing.
    I think as the chairman has indicated, it is important that 
we split this agency up so that its functions and goals are 
clear, its vision is clear, and we have clear lines of 
authority. But with regard to approval of non-immigrant and 
immigrant visa petitions, I think it is absolutely essential 
that the Director of Immigration Enforcement have the ability 
to review those before the Director of the Bureau of 
Citizenship and Immigration Services moves forward with an 
approval of a visa petition.
    The events and aftermath of the events of September 11th 
have made painfully clear to all of us what happens when the 
right hand does not know what the left is doing. So I would 
urge, as we pass this important bill today and within a number 
of days on the floor and then we look down the road to sort of 
filling in all of the clauses and the specifics within this 
framework that we are going to enact that we look at language 
like this which I intend to propose later on because I think it 
is essential, Mr. Chairman, that we do this to avoid the 
catastrophic problems that we have seen in recent years with 
the right hand not knowing what the left hand is doing.
    At this time, I withdraw the amendment.
    Chairman Sensenbrenner. The amendment is withdrawn.
    Are there further amendments?
    If there are no further----
    Ms. Jackson Lee. Mr. Chairman?
    Chairman Sensenbrenner. For what purpose does the 
gentlewoman from Texas seek recognition?
    Ms. Jackson Lee. Report language, Mr. Chairman. How do you 
want to--I have report language. It is not an amendment.
    Chairman Sensenbrenner. That will be covered with the 2 
days that everybody has, and my intent is to work on a 
bipartisan report and that is where you can get your input.
    Are there further----
    Ms. Jackson Lee. Is there an ability for me to read this 
language and ask for it to be submitted in the report language, 
at least make note of the fact that what it has to do----
    Chairman Sensenbrenner. We have never voted on report 
language in the Judiciary Committee. You know, that is passed 
around amongst the Members and those that think there is an 
omission have got, you know, the prerogative of filing 
additional views.
    Ms. Jackson Lee. All right, Mr. Chairman, then I will 
engage in the staff and look for this language to be put into 
the report.
    Chairman Sensenbrenner. Are there further amendments?
    Mr. Scott. Mr. Chairman?
    Chairman Sensenbrenner. The gentleman from Virginia.
    Mr. Scott. I move to strike the last word.
    Chairman Sensenbrenner. The gentleman is recognized for 5 
minutes.
    Mr. Scott. Mr. Chairman, first, I would like to ask 
unanimous consent to introduce into the record a letter from 
the Leadership Conference on Civil Rights which points out that 
we did not go far enough in the bill, in that we did not deal 
with fundamental fairness for legal permanent residents----
    Chairman Sensenbrenner. Without objection.
    Mr. Scott.--protection of unaccompanied children, and 
preserving commitment to refugees.
    Chairman Sensenbrenner. Without objection, the letter is 
included in the record.
    [The material referred to follows:]
    
    
    Mr. Scott. I also wanted to point out that yesterday I 
asked the Administration official if there was an 
Administration position on the bill and he said no, that they 
would have no amendments, that they would not participate in 
the process. The Administration will be the ones implementing 
the legislation, and it seems to me that it would have been 
more helpful if they had offered constructive input in the 
process.
    The reorganization, as the gentleman from Georgia 
indicated, is just a framework and it does not improve the 
situation; it just makes it possible for the situation to 
improve. So I was disappointed that--I was disappointed that 
they did not have the input because reorganization in and of 
itself cannot possibly cure the problem, and I was disappointed 
with the lack of interest on the part of the Administration.
    Mr. Frank. Would the gentleman yield?
    Ms. Jackson Lee. Would the gentleman yield?
    Mr. Scott. I yield to the gentleman from Massachusetts.
    Mr. Frank. Well, first, I do have to note I cannot remember 
too many previous occasions when my colleague has lamented the 
absence of this Justice Department's input from our 
proceedings. It may not happen again, but I think he makes a 
valid point in this particular case.
    As to the other point that he made regarding that letter 
from the organizations, I was pleased to hear the chairman when 
we were talking about the amendment from the gentleman from 
Texas allude to the fact that further substantive legislative 
activity is contemplated because I agree.
    I think what happened a few years ago was that, probably 
because of frustration at the laxity of enforcement that was a 
result of disorganization and underfunding and structural 
incoherence in the Immigration Service, we enacted some 
legislation to toughen up almost as a substitute for rational 
enforcement.
    Having established, as I hope we will in this bill, a 
better framework for enforcement, I think it is logical for us 
also then to deal with some of the substantive issues to deal 
with them. And the chairman has already alluded to that in his 
reference to the gentlewoman from Texas' amendment, and so I 
want to say that I am hopeful that we will then proceed to deal 
with some of the issues that the letter mentions because 
obviously that is an important part of our job.
    I thank the gentleman.
    Ms. Jackson Lee. Would the gentleman yield?
    Mr. Scott. Reclaiming my time, I would like to respond that 
an invitation to input does not mean that I would necessarily 
agree with that input. But this has been dealt with on a 
bipartisan basis and I think there could have been a lot of 
constructive purpose to be served.
    I will yield to the gentlelady from----
    Ms. Jackson Lee. I thank the gentleman from Virginia. I 
would like to comment on his insightful analysis of the 
Administration's posture. I would only hope that the 
Administration, in listening to this process, would determine 
the sincerity of this Committee to make something happen and to 
make it work. I would hope that the Administration has heard 
your words and will go back and seek to integrate in the 
framework that we are now looking at their need for changes and 
begin to change the system.
    One witness said yesterday this can work if there is a 
commitment of the mission from the top to the bottom. And as it 
relates to Barbara Jordan, I think clearly if we have done 
anything, we have committed to making changes, and we have 
committed to making those changes stick, and that is what 
Barbara Jordan was about in her addressing this whole question 
of immigration reform.
    So I thank the gentleman for his insight, but I hope that 
today we have sent a strong message, or will send a strong 
message to the Administration for them to get involved on this 
issue.
    I yield back to the gentleman.
    Mr. Scott. Reclaiming my time, I yield back.
    Chairman Sensenbrenner. Okay, thank you.
    I am told in order to make the record complete that there 
never was a vote on Jackson Lee amendment number 2.
    All those in favor of this amendment, say aye.
    Opposed, no.
    The ayes appear to have it, the ayes have it, and Jackson 
Lee amendment number 2 is agreed to.
    Ms. Jackson Lee. Thank you, Mr. Chairman.
    Chairman Sensenbrenner. Are there any further amendments?
    If there are not further amendments, the question is on the 
amendment in the nature of a substitute, as amended. Those in 
favor will signify by saying aye.
    Opposed, no.
    Mr. Watt. No.
    Chairman Sensenbrenner. The ayes appear to have it, the 
ayes have it, and the amendment in the nature of a substitute, 
as amended, is agreed to.
    The Chair notes the presence of a reporting quorum. The 
question now occurs on the motion to report the bill H.R. 3231 
favorably, as amended.
    All in favor will say aye.
    Opposed, no.
    Mr. Watt. No.
    Ms. Lofgren. No.
    Chairman Sensenbrenner. The ayes appear to have it, the 
ayes have it.
    Does anybody want to ask for a rollcall?
    Ms. Lofgren. I would just like to note that I have voted 
no, Mr. Chairman.
    Chairman Sensenbrenner. Okay. The gentleman----
    Mr. Watt. I would like for it to be noted that I voted no. 
I don't want a rollcall.
    Chairman Sensenbrenner. The gentleman from Wisconsin, Mr. 
Green, asks for a rollcall. Those in favor of reporting the 
bill favorably will, as your names are called answer aye, those 
opposed, no, and the clerk will call the roll.
    The Clerk. Mr. Hyde?
    [No response.]
    The Clerk. Mr. Gekas?
    Mr. Gekas. Aye.
    The Clerk. Mr. Gekas, aye. Mr. Coble?
    Mr. Coble. Aye.
    The Clerk. Mr. Coble, aye. Mr. Smith?
    Mr. Smith of Texas. Aye.
    The Clerk. Mr. Smith, aye. Mr. Gallegly?
    Mr. Gallegly. Aye.
    The Clerk. Mr. Gallegly, aye. Mr. Goodlatte?
    Mr. Goodlatte. Aye.
    The Clerk. Mr. Goodlatte, aye. Mr. Bryant?
    [No response.]
    The Clerk. Mr. Chabot?
    [No response.]
    The Clerk. Mr. Barr?
    Mr. Barr. Aye.
    The Clerk. Mr. Barr, aye. Mr. Jenkins?
    Mr. Jenkins. Aye.
    The Clerk. Mr. Jenkins, aye. Mr. Cannon?
    Mr. Cannon. Aye.
    The Clerk. Mr. Cannon, aye. Mr. Graham?
    Mr. Graham. Aye.
    The Clerk. Mr. Graham, aye. Mr. Bachus?
    Mr. Bachus. Aye.
    The Clerk. Mr. Bachus, aye. Mr. Hostetler?
    Mr. Hostetler. Aye.
    The Clerk. Mr. Hostetler, aye. Mr. Green?
    Mr. Green. Aye.
    The Clerk. Mr. Green, aye. Mr. Keller?
    Mr. Keller. Aye.
    The Clerk. Mr. Keller, aye. Mr. Issa?
    Mr. Issa. Aye.
    The Clerk. Mr. Issa, aye. Ms. Hart?
    Ms. Hart. Aye.
    The Clerk. Ms. Hart, aye. Mr. Flake?
    Mr. Flake. Aye.
    The Clerk. Mr. Flake, aye.
    Mr. Pence?
    Mr. Pence. Aye.
    The Clerk. Mr. Pence, aye. Mr. Conyers?
    Mr. Conyers. Aye.
    The Clerk. Mr. Conyers, aye. Mr. Frank?
    Mr. Frank. Aye.
    The Clerk. Mr. Frank, aye. Mr. Berman?
    Mr. Berman. Aye.
    The Clerk. Mr. Berman, aye. Mr. Boucher?
    [No response.]
    The Clerk. Mr. Nadler?
    Mr. Nadler. Aye.
    The Clerk. Mr. Nadler, aye. Mr. Scott?
    Mr. Scott. Aye.
    The Clerk. Mr. Scott, aye. Mr. Watt?
    Mr. Watt. No.
    The Clerk. Mr. Watt, no. Ms. Lofgren?
    Ms. Lofgren. No.
    The Clerk. Ms. Lofgren, no. Ms. Jackson Lee?
    Ms. Jackson Lee. Aye.
    The Clerk. Ms. Jackson Lee, aye. Ms. Waters?
    [No response.]
    The Clerk. Mr. Meehan?
    Mr. Meehan. Aye.
    The Clerk. Mr. Meehan, aye. Mr. Delahunt?
    Mr. Delahunt. Aye.
    The Clerk. Mr. Delahunt, aye. Mr. Wexler?
    Mr. Wexler. Aye.
    The Clerk. Mr. Wexler, aye. Ms. Baldwin?
    Ms. Baldwin. Aye.
    The Clerk. Ms. Baldwin, aye.
    Mr. Weiner?
    Mr. Weiner. Aye.
    The Clerk. Mr. Weiner, aye. Mr. Schiff?
    [No response.]
    The Clerk. Mr. Chairman?
    Chairman Sensenbrenner. Aye.
    The Clerk. Mr. Chairman, aye.
    Chairman Sensenbrenner. Are there Members in the chamber 
who wish to record or to change their votes?
    Ms. Waters. Mr. Chairman, how am I recorded?
    Chairman Sensenbrenner. The gentleman from Tennessee, Mr. 
Bryant.
    Mr. Bryant. Aye.
    The Clerk. Mr. Bryant, aye.
    Chairman Sensenbrenner. The gentleman from Ohio, Mr. 
Chabot.
    Mr. Chabot. Aye.
    The Clerk. Mr. Chabot, aye.
    Chairman Sensenbrenner. The gentlewoman from California, 
Ms. Waters.
    Ms. Waters. Waters, aye.
    The Clerk. Ms. Waters, aye.
    Chairman Sensenbrenner. Other Members who wish to record or 
change their votes?
    If not, the clerk will report.
    The Clerk. Mr. Chairman, there are 32 ayes and 2 nays.
    Chairman Sensenbrenner. And the motion to report favorably 
is agreed to. Without objection, the bill will be reported 
favorably to the House in the form of a single amendment in the 
nature of a substitute incorporating the amendments adopted 
here today.
    Ms. Jackson Lee. Mr. Chairman?
    Chairman Sensenbrenner. Without objection, the chairman is 
authorized to move to go to conference pursuant to House rules. 
Without objection----
    Ms. Jackson Lee. Mr. Chairman?
    Chairman Sensenbrenner.--the staff is directed to make any 
technical and conforming changes and all Members will be given 
2 days, as provided by House rules, in which to submit 
additional dissenting, supplemental, or minority views.
    Let me express as the chairman of this Committee my thanks 
to the cooperation of all of the Members of this Committee in 
getting this bill in the form that it is now. I think that this 
bill will really, if enacted, provide the machinery and the 
organizational structure to cure many, but not all of the 
problems that the Immigration Service faces not only in the 
enforcement area, but also in the area of providing legal 
immigrants the services and benefits to which they are entitled 
under the law.
    Ms. Jackson Lee. Mr. Chairman?
    Chairman Sensenbrenner. The gentlewoman from Texas, Ms. 
Jackson Lee.
    Ms. Jackson Lee. If you would yield, let me add my 
appreciation for this process, and as well to the staff. We are 
about to make a long journey, but we have made a start and I do 
want to thank the Judiciary staff on both sides of the aisle 
for engaging in long hours that helped generate, I think, an 
important compromise and an important step, not for us but for 
the Nation.
    Chairman Sensenbrenner. And I share that expression of 
appreciation to the staff.
    There being no further business to come before the 
Committee, the Committee stands adjourned.
    [Whereupon, at 11:37 a.m., the Committee was adjourned.]
                            Dissenting Views

    We commend Chairman Sensenbrenner and Ranking Member 
Conyers for their willingness to deal with the longstanding 
problems plaguing the Immigration and Naturalization Service 
(INS). While we disagree with the details of their proposal, we 
believe that they are sincere in their determination to reform 
the agency.
    We have been critics of the INS for many years. Like most 
observers, we feel strongly that agency reform is necessary. 
Most who have studied the problems in the INS agree on several 
points. First, it would be useful to achieve some separation 
between the enforcement and services functions in the agency. 
Second, the agency has a need to modernize its technology. 
Finally, improved performance cannot be accomplished without 
management accountability.
    We voted against reporting H.R. 3231 because we do not 
believe the bill, as it currently stands, will substantially 
reform the agency by advancing these three goals. In fact, we 
fear that the bill may actually aggravate existing problems in 
immigration enforcement and services. We could end up with two 
dysfunctional agencies instead of one.
    While it may seem that the arguments about this bill are 
petty, the details do matter. The bill creates a figurehead 
Associate Attorney General, and vests great authority over the 
essential elements of immigration and enforcement in two 
bureaucrats. If we think things are bad now, this is a recipe 
to make them worse. So, while it is abundantly clear that all 
of the participants in this restructuring process want to 
create an agency that can function efficiently and effectively, 
we fear that H.R. 3231 could produce unwelcome results.
    Sometimes it is the dissenting view that helps focus on the 
shortcomings in any given plan. It is our hope that these few 
comments will help the Congress remedy the flaws in H.R. 3231 
so that much needed reform moves forward on a consensus basis.
Lack of Authority:
    Proponents of H.R. 3231 have advocated the dissolution of 
the INS and the creation of two agencies, one for enforcement 
and one for services. However, under the Judiciary Committee-
reported bill, the INS would actually spin off into three 
distinct entities: the Office of the Associate Attorney General 
for Immigration Affairs (AAGIA), the Bureau of Citizenship and 
Immigration Services (BCIS) and the Bureau of Immigration 
Enforcement (BIE).
    While there is nothing inherently inappropriate with 
elevating the title of the head of the immigration agencies to 
Associate Attorney General, no great benefit derives from this 
title. The current INS Commissioner has advised the Committee 
that he has not suffered from lack of access to the US Attorney 
General. Furthermore, persons who do not hold the title of 
Associate Attorney General head other important functions 
within the Department of Justice. One example is the Director 
of the FBI. Immigration functions are important, but are they 
more important than those of the FBI?
    While the bill vests the AAGIA with the authority over 
national immigration policy, a closer examination of the 
functions within the three new agencies shows that the office 
appears to be without any real authority over the Directors of 
BCIS or the BIE. At a time when our nation's immigration agency 
plays a critical part in ensuring our national security, we are 
concerned about the lack of actual authority of the head of the 
new immigration affairs agency to set the immigration agenda 
and enforce our immigration laws.
    Further, H.R. 3231 establishes criteria for the hiring of 
the heads of the new enforcement and services agency. In the 
case of the services agency, these requirements ensure that 
only a bureaucrat of long standing could be appointed to the 
position. Arguably, this could mean that someone who has been 
part of the problem at the agency will become the leader of the 
new agency. While experience is certainly valuable, the most 
valuable experience is often measured in management successes 
and not simply in the number of years served in a government 
agency. We think it is an error to preclude the possibility of 
selecting new energy and vision from the private sector to lead 
the agency to new levels of performance. After all, a customer 
can track a package on-line when using UPS or FedEx, but 
tracking the status of a visa petition can take months.
    Another concern with the current INS is the autonomy with 
which many field offices operate. This bill appears to codify 
the current system where the Administration's restructuring 
proposal would make changes to provide clarity of function that 
would improve accountability. The current field office 
structure would make it difficult for even the most imaginative 
and talented bureaucrat to hold the new agency accountable for 
delivery of mission critical objectives. We believe it would be 
unwise to so severely limit the authority that the head of the 
immigration affairs agency would have over the bureaus and 
employees that perform the key functions of the agency.
Lack of Coordination:
    While the separation of the nation's immigration service 
and enforcement functions is desirable, the separation should 
be accomplished in a manner that emphasizes coordination. 
Coordination should be real, and not in name only.
    While H.R. 3231 would charge the AAG with responsibility 
for reconciling conflicts in policy between the BCIS and BIE, 
the bill fails to indicate how such authority would be 
exercised. Duplication of departments within the three 
organizations will not ensure cooperation and effective 
conflict resolution. Without clear chains of command, competing 
priorities would impair the effectiveness of the agency. 
Without a strong centralized leader, the separation of the INS 
into three entities may only exacerbate one of the current 
agency's greatest weaknesses--its extraordinary inability to 
share information internally with its own units and externally 
with other agencies and law enforcement authorities.
Children's Office:
    We appreciate the Chairman's accommodation in the area of 
unaccompanied minors. Section 4(g) of the Committee-reported 
bill will establish an Office of Children's Affairs with strong 
authority to look after the care and custody interests of 
unaccompanied alien children, modeled after Section 101 of H.R. 
1904/S.121, the ``Unaccompanied Alien Child Protection Act of 
2001,'' which is pending in the Committee. Section 4(g) of the 
Committee-reported version of H.R. 3231 would place the Office 
of Children's Affairs inside the Office of the Associate 
Attorney General for Immigration Affairs. While we appreciate 
the Committee's recognition of the problems faced by 
unaccompanied alien children and its creation of the new 
office, the Office of Children's Affairs should be outside the 
immigration agency, as outlined in the ``Unaccompanied Alien 
Child Protection Act.''
    We recognize and respect the Committee's decision to limit 
the scope of the legislation to issues relating to the 
organizational structure of the nation's agencies that deal 
with immigration. As such, the bill does not contain 
substantive immigration policy provisions addressing many of 
the substantive problems with our immigration law. At the same 
time, we believe it is urgently necessary that Congress more 
comprehensively address the issues relating to the care and 
custody of unaccompanied alien children, such as their lack of 
access to counsel to assist them in immigration proceedings, 
the need for guardians ad litem to look after their interests, 
and the harsh conditions under which they often are detained.
    We urge the Committee to address the special needs of 
unaccompanied alien children more comprehensively by marking up 
the ``Unaccompanied Alien Child Protection Act'' without delay.
Financing Issues:
    We note that the Committee-reported bill makes an effort to 
address some of the key financing issues that are inherent in 
dividing the INS into three separate structures. The bill 
creates a transition account, reforms the manner in which fees 
are calculated, and specifically authorizes funds for refugee 
and asylum adjudications.
    But the bill would benefit from several additional 
financing provisions, such as more specific language 
prohibiting the use of examinations fee account funds for 
nonadjudicatory purposes, the mandating of ongoing reports from 
the Attorney General on the costs of transitioning from the 
Immigration and Naturalization Service to the structures 
contemplated by H.R. 3231, and better integration of the 
backlog reduction provisions in the bill with the ``Immigration 
Services and Infrastructure Improvements Act'' enacted in 2000. 
That act required the INS to adjudicate various immigration 
benefits petitions and applications in an expeditious manner 
and to report to Congress on plans to eliminate backlogs in 
immigration benefits adjudications.
Tools Necessary to Effectively Manage Immigration Laws:
    Congress needs to provide the head of the immigration 
agency with the tools necessary to effectuate reform 
internally. The Commissioner needs the authority to remove 
ineffective managers, to outsource management, and to procure 
technology expeditiously. We also believe that retention of 
immigration inspectors and Border Patrol agents is critical to 
our national security interests. These individuals should be 
paid salary and benefits equivalent to law enforcement 
officials in other government agencies.
    For reasons of Committee jurisdiction, the Chairman asked 
that these amendments be melded into this bill later in the 
legislative process. We appreciate the Chairman's support of 
Ms. Lofgren's amendments and his commitment to including them 
in a Manager's Amendment when H.R. 3231 is considered on the 
floor of the House of Representatives. The incorporation of 
these amendments would strengthen the bill immensely.
    It appears that the Senate Judiciary Committee is working 
to develop an INS restructuring plan that more closely mirrors 
the Administration's own proposal. Since reconciliation of 
competing bills to the satisfaction of the House, Senate and 
White House can be a time consuming process, we recommend that 
the management tools outlined in the amendments offered in 
Committee be adopted separately from H.R. 3231, in addition to 
being included in a manager's amendment. It would be a shame to 
see urgent improvements delayed because the legislative process 
so necessary to the workings of our democracy is also so time 
consuming.

                                   Melvin L. Watt.
                                   Zoe Lofgren.

                                  
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