H.R. 3231 (107^th): Barbara Jordan Immigration Reform and Accountability Act of 2002

HR 3231 RFS

April 26, 2002

Received; read twice and referred to the Committee on the Judiciary

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.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE- This Act may be cited as the ‘Barbara Jordan Immigration Reform and Accountability Act of 2002’.

(b) TABLE OF CONTENTS- The table of contents of this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Abolishment of Immigration and Naturalization Service; establishment of Office of Associate Attorney General for Immigration Affairs.

Sec. 3. Positions within Office of Associate Attorney General for Immigration Affairs.

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

Sec. 5. Office of the Ombudsman.

Sec. 6. Establishment of Bureau of Immigration Enforcement.

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

Sec. 8. Exercise of authorities.

Sec. 9. Savings provisions.

Sec. 10. Transfer and allocation of appropriations and personnel.

Sec. 11. Voluntary separation incentive payments.

Sec. 12. Authority to conduct a demonstration project relating to disciplinary action.

Sec. 13. Authorization of appropriations; prohibition on transfer of fees; leasing or acquisition of property; sense of Congress.

Sec. 14. Reports and implementation plans.

Sec. 15. Application of Internet-based technologies.

Sec. 16. Definitions.

Sec. 17. Effective date; transition.

Sec. 18 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, including developing a plan to be submitted to the Congress on how to ensure that qualified and independent legal counsel is timely appointed to represent the interests of each such child, consistent with the law regarding appointment of counsel that is in effect on the date of the enactment of this Act;

(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 17(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 17(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 17(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.

(5) MANAGERIAL ROTATION PROGRAM-

(A) IN GENERAL- Not later than 1 year after the effective date specified in section 18(a), the Director of the Bureau of Citizenship and Immigration Services shall design and implement a managerial rotation program under which employees of such bureau holding positions involving supervisory or managerial responsibility and classified, in accordance with chapter 51 of title 5, United States Code, as a GS-14 or above, shall, as a condition on further promotion--

(i) gain some experience in all the major functions performed by such bureau; and

(ii) work in at least one field office and one service center of such bureau.

(B) REPORT- Not later than 2 years after the effective date specified in section 17(a), the Attorney General shall submit a report to the Congress on the implementation of such program.

(6) PILOT INITIATIVES FOR BACKLOG ELIMINATION- The Director of the Bureau of Citizenship and Immigration Services is authorized to implement innovative pilot initiatives to eliminate any remaining backlog in the processing of immigration benefit applications, and to prevent any backlog in the processing of such applications from recurring, in accordance with section 204(a) of the Immigration Services and Infrastructure Improvements Act of 2000 (8 U.S.C. 1573(a)). Such initiatives may include measures such as increasing personnel, transferring personnel to focus on areas with the largest potential for backlog, and streamlining paperwork.

(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 17(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 17(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 17(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.

(4) MANAGERIAL ROTATION PROGRAM-

(A) IN GENERAL- Not later than 1 year after the effective date specified in section 17(a), the Director of the Bureau of Immigration Enforcement shall design and implement a managerial rotation program under which employees of such bureau holding positions involving supervisory or managerial responsibility and classified, in accordance with chapter 51 of title 5, United States Code, as a GS-14 or above, shall, as a condition on further promotion--

(i) gain some experience in all the major functions performed by such bureau; and

(ii) work in at least one field office and one border patrol sector of such bureau.

(B) REPORT- Not later than 2 years after the effective date specified in section 17(a), the Attorney General shall submit a report to the Congress on the implementation of such program.

(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 17(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 17(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 17(a) of the Barbara Jordan Immigration Reform and Accountability Act of 2002), including region-by-region statistics on the aggregate number of applications and petitions filed by an alien (or filed on behalf of an alien) and denied by such offices and bureaus, and the reasons for such denials, disaggregated by category of denial and application or petition type.

‘(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 17(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 17(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 17(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 17(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 17(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. VOLUNTARY SEPARATION INCENTIVE PAYMENTS.

(a) DEFINITIONS- For purposes of this section--

(1) the term ‘employee’ means an employee (as defined by section 2105 of title 5, United States Code) who--

(A) has completed at least 3 years of current continuous service with 1 or more covered entities; and

(B) is serving under an appointment without time limitation;

but does not include any person under subparagraphs (A)-(G) of section 663(a)(2) of Public Law 104-208 (5 U.S.C. 5597 note);

(2) the term ‘covered entity’ means--

(A) the Immigration and Naturalization Service;

(B) the Office of Immigration Litigation of the Civil Division;

(C) the Office of the Associate Attorney General for Immigration Affairs;

(D) the Bureau of Immigration Enforcement; and

(E) the Bureau of Citizenship and Immigration Services; and

(3) the term ‘transfer date’ means the date on which the transfer of functions specified under this Act takes effect.

(b) STRATEGIC RESTRUCTURING PLAN- Before obligating any resources for voluntary separation incentive payments under this section, the Attorney General shall submit to the appropriate committees of Congress a strategic restructuring plan, which shall include--

(1) an organizational chart depicting the covered entities after their restructuring pursuant to this Act;

(2) a summary description of how the authority under this section will be used to help carry out that restructuring; and

(3) the information specified in section 663(b)(2) of Public Law 104-208 (5 U.S.C. 5597 note).

As used in the preceding sentence, the ‘appropriate committees of Congress’ are the Committees on Appropriations, Government Reform, and the Judiciary of the House of Representatives, and the Committees on Appropriations, Governmental Affairs, and the Judiciary of the Senate.

(c) AUTHORITY- The Attorney General may, to the extent necessary to help carry out the strategic restructuring plan described in subsection (b), make voluntary separation incentive payments to employees. Any such payment--

(1) shall be paid to the employee, in a lump sum, after the employee has separated from service;

(2) shall be paid from appropriations or funds available for the payment of basic pay of the employee;

(3) shall be equal to the lesser of--

(A) the amount the employee would be entitled to receive under section 5595(c) of title 5, United States Code; or

(B) an amount not to exceed $25,000, as determined by the Attorney General;

(4) may not be made except in the case of any qualifying employee who voluntarily separates (whether by retirement or resignation) before the end of--

(A) the 3-month period beginning on the date on which such payment is offered or made available to such employee; or

(B) the 3-year period beginning on the date of the enactment of this Act,

whichever occurs first;

(5) shall not be a basis for payment, and shall not be included in the computation, of any other type of Government benefit; and

(6) shall not be taken into account in determining the amount of any severance pay to which the employee may be entitled under section 5595 of title 5, United States Code, based on any other separation.

(d) ADDITIONAL AGENCY CONTRIBUTIONS TO THE RETIREMENT FUND-

(1) IN GENERAL- In addition to any payments which it is otherwise required to make, the Department of Justice shall, for each fiscal year with respect to which it makes any voluntary separation incentive payments under this section, remit to the Office of Personnel Management for deposit in the Treasury of the United States to the credit of the Civil Service Retirement and Disability Fund the amount required under paragraph (2).

(2) AMOUNT REQUIRED- The amount required under this paragraph shall, for any fiscal year, be the amount under subparagraph (A) or (B), whichever is greater.

(A) FIRST METHOD- The amount under this subparagraph shall, for any fiscal year, be equal to the minimum amount necessary to offset the additional costs to the retirement systems under title 5, United States Code (payable out of the Civil Service Retirement and Disability Fund) resulting from the voluntary separation of the employees described in paragraph (3), as determined under regulations of the Office of Personnel Management.

(B) SECOND METHOD- The amount under this subparagraph shall, for any fiscal year, be equal to 45 percent of the sum total of the final basic pay of the employees described in paragraph (3).

(3) COMPUTATIONS TO BE BASED ON SEPARATIONS OCCURRING IN THE FISCAL YEAR INVOLVED- The employees described in this paragraph are those employees who receive a voluntary separation incentive payment under this section based on their separating from service during the fiscal year with respect to which the payment under this subsection relates.

(4) FINAL BASIC PAY DEFINED- In this subsection, the term ‘final basic pay’ means, with respect to an employee, the total amount of basic pay which would be payable for a year of service by such employee, computed using the employee’s final rate of basic pay, and, if last serving on other than a full-time basis, with appropriate adjustment therefor.

(e) EFFECT OF SUBSEQUENT EMPLOYMENT WITH THE GOVERNMENT- An individual who receives a voluntary separation incentive payment under this section and who, within 5 years after the date of the separation on which the payment is based, accepts any compensated employment with the Government or works for any agency of the Government through a personal services contract, shall be required to pay, prior to the individual’s first day of employment, the entire amount of the incentive payment. Such payment shall be made to the covered entity from which the individual separated or, if made on or after the transfer date, to the Associate Attorney General for Immigration Affairs (for transfer to the appropriate component of the Department of Justice, if necessary).

(f) EFFECT ON EMPLOYMENT LEVELS-

(1) INTENDED EFFECT- Voluntary separations under this section are not intended to necessarily reduce the total number of full-time equivalent positions in any covered entity.

(2) USE OF VOLUNTARY SEPARATIONS- A covered entity may redeploy or use the full-time equivalent positions vacated by voluntary separations under this section to make other positions available to more critical locations or more critical occupations.

SEC. 12. AUTHORITY TO CONDUCT A DEMONSTRATION PROJECT RELATING TO DISCIPLINARY ACTION.

(a) IN GENERAL- The Attorney General may, during a period ending not later than 5 years after the date of the enactment of this Act, conduct a demonstration project for the purpose of determining whether one or more changes in the policies or procedures relating to methods for disciplining employees would result in improved personnel management.

(b) SCOPE- The demonstration project--

(1) may not cover any employees apart from those employed in or under a covered entity; and

(2) shall not be limited by any provision of chapter 43, 75, or 77 of title 5, United States Code.

(c) PROCEDURES- Under the demonstration project--

(1) the use of alternative means of dispute resolution (as defined in section 571 of title 5, United States Code) shall be encouraged, whenever appropriate; and

(2) each covered entity shall be required to provide for the expeditious, fair, and independent review of any action to which section 4303 or subchapter II of chapter 75 of such title 5 would otherwise apply (except an action described in section 7512(5) thereof).

(d) ACTIONS INVOLVING DISCRIMINATION- Notwithstanding any other provision of this section, if, in the case of any matter described in section 7702(a)(1)(B) of title 5, United States Code, there is no judicially reviewable action under the demonstration project within 120 days after the filing of an appeal or other formal request for review (referred to in subsection (c)(2)), an employee shall be entitled to file a civil action to the same extent and in the same manner as provided in section 7702(e)(1) of such title 5 (in the matter following subparagraph (C) thereof).

(e) CERTAIN EMPLOYEES- Employees shall not be included within any project under this section if such employees are--

(1) neither managers nor supervisors; and

(2) within a unit with respect to which a labor organization is accorded exclusive recognition under chapter 71 of title 5, United States Code.

Notwithstanding the preceding sentence, an aggrieved employee within a unit (referred to in paragraph (2)) may elect to participate in a complaint procedure developed under the demonstration project in lieu of any negotiated grievance procedure and any statutory procedure (as such term is used in section 7121 of such title 5).

(f) REPORTS- The General Accounting Office shall prepare and submit to the Committees on Government Reform and the Judiciary of the House of Representatives and the Committees on Governmental Affairs and the Judiciary of the Senate periodic reports on any demonstration project conducted under this section, such reports to be submitted after the second and fourth years of its operation. Upon request, the Attorney General shall furnish such information as the General Accounting Office may require to carry out this subsection.

(g) DEFINITIONS- In this section--

(1) the term ‘Attorney General’ means the Attorney General or his designee; and

(2) the term ‘covered entity’ has the meaning given such term in section 11(a)(2).

SEC. 13. 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 17(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) BACKLOG ELIMINATION- Section 204(a) of the Immigration Services and Infrastructure Improvements Act of 2000 (8 U.S.C. 1573(a)) is amended by striking ‘October 17, 2000;’ and inserting ‘the effective date specified in section 15(a) of the Barbara Jordan Immigration Reform and Accountability Act of 2002;’.

SEC. 14. 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 13(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 17(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 17(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 17(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.

(3) REPORT ON FEES- Not later than 90 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committees on the Judiciary of the House of Representatives and of the Senate a report examining whether the Bureau of Citizenship and Immigration Services is likely to derive sufficient funds from fees to carry out its functions in the absence of appropriated funds.

(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 17(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. 15. 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. 16. 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. 17. 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. 18. CONFORMING AMENDMENT.

Section 5315 of title 5, United States Code, is amended by striking the following:

‘Commissioner of Immigration and Naturalization, Department of Justice.’.

Passed the House of Representatives April 25, 2002.

Attest:

JEFF TRANDAHL,

Clerk.

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