The text of the bill below is as of Nov 6, 2001 (Introduced).
HR 3231 IH
107th CONGRESS
1st Session
H. R. 3231
To replace the Immigration and Naturalization Service with the Agency for Immigration Affairs, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
November 6, 2001
November 6, 2001
Mr. SENSENBRENNER (for himself and Mr. GEKAS) introduced the following bill; which was referred to the Committee on the Judiciary
A BILL
To replace the Immigration and Naturalization Service with the Agency for Immigration Affairs, 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.
This Act may be cited as the ‘Immigration Reform and Accountability Act of 2001’.
SEC. 2. ABOLISHMENT OF IMMIGRATION AND NATURALIZATION SERVICE; ESTABLISHMENT OF AGENCY FOR IMMIGRATION AFFAIRS.
(a) ABOLISHMENT OF INS- The Immigration and Naturalization Service of the Department of Justice is abolished.
(b) ESTABLISHMENT OF AGENCY FOR IMMIGRATION AFFAIRS-
(1) IN GENERAL- There is established in the Department of Justice an agency to be known as the ‘Agency for Immigration Affairs’.
(2) ASSOCIATE ATTORNEY GENERAL- The head of the Agency for Immigration Affairs 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;
(B) shall report directly to the Attorney General; and
(C) shall have a minimum of 10 years experience in managing a large and complex organization.
(c) FUNCTIONS- The Associate Attorney General for Immigration Affairs--
(1) shall oversee the work of, and supervise, the Director of the Bureau of Immigration Services and Adjudications and the Director of the Bureau of Immigration Enforcement;
(2) shall oversee the work of, and supervise, the Director of the Executive Office for Immigration Review;
(3) shall review on referral such decisions of the Board of Immigration Appeals as--
(A) he or she directs the Board to refer to him or her;
(B) the Chairman or a majority of the Board of Immigration Appeals refers to him or her;
(C) requested by the Director of the Bureau of Immigration Services and Adjudications; or
(D) requested by the Director of the Bureau of Immigration Enforcement;
(4) shall coordinate the administration of national immigration policy, including coordinating the operations of the Executive Office for Immigration Review, the Bureau of Immigration Services and Adjudications, and the Bureau of Immigration Enforcement, and reconcile conflicting policies of such office and bureaus; and
(5) shall allocate and coordinate resources involved in supporting shared support functions for the Bureau of Immigration Services and Adjudications, the Bureau of Immigration Enforcement, and offices within the Department of Justice, through the Office of Shared Services established by section 3.
SEC. 3. OFFICERS OF AGENCY FOR IMMIGRATION AFFAIRS.
(a) POLICY ADVISOR- There shall be a position of Policy Advisor for the Agency for Immigration Affairs. The Policy Advisor shall be charged with providing advice to the Associate Attorney General for Immigration Affairs on all matters relating to immigration and naturalization policy. The Policy Advisor shall coordinate and reconcile the resolution of policy issues by the Bureau of Immigration Services and Adjudications, the Bureau of Immigration Enforcement, and the Executive Office for Immigration Review.
(b) LEGAL ADVISOR- There shall be a position of Legal Advisor for the Agency for Immigration Affairs. The Legal Advisor shall be charged with providing legal advice to the Associate Attorney General for Immigration Affairs on all matters relating to immigration and naturalization. The Legal Advisor shall coordinate and reconcile the resolution of legal issues by the Bureau of Immigration Services and Adjudications, the Bureau of Immigration Enforcement, and the Executive Office for Immigration Review. The Legal Advisor may issue legal opinions on general issues of law, which shall be binding on all officers and employees of the Agency for Immigration Affairs and which shall be published in an appropriate form.
(c) CHIEF FINANCIAL OFFICER-
(1) IN GENERAL- There shall be a position of Chief Financial Officer for the Agency for Immigration Affairs.
(2) FUNCTIONS- The Chief Financial Officer shall be responsible for--
(A) the financial management of the Agency for Immigration Affairs and shall have the authorities and functions described in section 902 of title 31, United States Code, in relation to financial activities of the agency;
(B) collection of all payments, fines, and other debts for the Bureau of Immigration Services and Adjudications, the Bureau of Immigration Enforcement, and the Executive Office for Immigration Review; and
(C) coordinating all budget and other financial management issues with the Bureau of Immigration Services and Adjudications, the Bureau of Immigration Enforcement, and the Executive Office for Immigration Review.
(d) DIRECTOR OF SHARED SERVICES- There shall be a position of Director of the Office of Shared Services for the Agency for Immigration Affairs. 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 Immigration Services and Adjudications, the Bureau of Immigration Enforcement, the Executive Office for Immigration Review, and other offices within the Department of Justice, including--
(1) facilities management;
(2) information resources management, including computer databases and information technology;
(3) records and file management; and
(4) forms management.
(e) OFFICE OF THE OMBUDSMAN-
(1) ESTABLISHMENT-
(A) IN GENERAL- There is established in the Agency 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 Agency 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 Chief of the Office of Professional Responsibility and Quality Review. The Chief 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 Agency for Immigration Affairs that are not subject to investigation by the Department of Justice Office of the Inspector General;
(B) inspecting the operations of the Agency for Immigration Affairs and providing assessments of the quality of the operations of the agency as a whole and each of its components; and
(C) providing an analysis of the management of the Agency for Immigration Affairs.
(2) SPECIAL CONSIDERATIONS- In providing assessments in accordance with paragraph (1)(B) with respect to decisions of the Agency for Immigration Affairs or any of its components, consideration shall be given to--
(A) the accuracy of the finding 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) 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, for any employee of the Agency for Immigration Affairs who willfully deceives the Congress or agency leadership on any matter.
(h) DEFINITION- For purposes of this section, the term ‘employee of the Agency for Immigration Affairs’ includes all employees of the Agency for Immigration Affairs, the Bureau of Immigration Services and Adjudications, the Bureau of Immigration Enforcement, and the Executive Office of Immigration Review (including immigration judges, administrative law judges, and members of the Board of Immigration Appeals).
SEC. 4. ESTABLISHMENT OF BUREAU OF IMMIGRATION SERVICES AND ADJUDICATIONS.
(a) ESTABLISHMENT OF BUREAU-
(1) IN GENERAL- There is established in the Agency for Immigration Affairs a bureau to be known as the ‘Bureau of Immigration Services and Adjudications’.
(2) DIRECTOR- The head of the Bureau of Immigration Services and Adjudications shall be the Director of the Bureau of Immigration Services and Adjudications, 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 Immigration Services and Adjudications--
(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 Immigration Services and Adjudications that may affect the Bureau of Immigration Enforcement, the Executive Office for Immigration Review, or
both, 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.
(b) TRANSFER OF FUNCTIONS-
(1) FROM COMMISSIONER- There are transferred from the Commissioner of the Immigration and Naturalization Service to the Director of the Bureau of Immigration Services and Adjudications 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 of this section:
(A) Adjudications of nonimmigrant and immigrant visa petitions.
(B) Adjudications of naturalization petitions.
(C) Adjudications of asylum and refugee applications.
(D) Adjudications performed at Service centers.
(E) All other adjudications under the Immigration and Nationality Act performed by the Immigration and Naturalization Service as of the date of the enactment of this Act.
(2) FROM ASSISTANT ATTORNEY GENERAL, CIVIL RIGHTS DIVISION- There are transferred from the Assistant Attorney General, Civil Rights Division, to the Director of the Bureau of Immigration Services and Adjudications all functions performed by the Office of Special Counsel for Immigration Related Unfair Employment Practices, and all personnel, infrastructure, and funding provided to the Assistant Attorney General, United States Civil Rights Division, in support of the Office of Special Counsel for Immigration Related Unfair Employment Practices immediately before the effective date of this section.
(3) FROM ASSISTANT ATTORNEY GENERAL, CIVIL DIVISION- There are transferred from the Assistant Attorney General, Civil Division, to the Director of the Bureau of Immigration Services and Adjudications all functions performed by the Office of Immigration Litigation relating to the litigation of naturalization suits and litigation involving immigrant and nonimmigrant visas and all personnel, infrastructure, and funding provided to the Assistant Attorney General, Civil Division, in support of those functions immediately before the effective date of this section.
(c) OFFICE OF POLICY AND STRATEGY- There is established in the Bureau of Immigration Services and Adjudications 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 Services and Adjudications 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 (excluding statistical information); and
(3) coordinating immigration policy issues with 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 Agency for Immigration Affairs, as appropriate.
(d) GENERAL COUNSEL FOR BUREAU OF IMMIGRATION SERVICES AND ADJUDICATIONS- There shall be a position of General Counsel for the Bureau of Immigration Services and Adjudications. The General Counsel and his or her delegates--
(1) shall provide specialized legal advice and other assistance to the Director of the Bureau of Immigration Services and Adjudications, the Director’s delegates, and all employees of the components transferred under this section;
(2) shall represent the Bureau of Immigration Services and Adjudications in visa petition appeal proceedings and unfair immigration-related employment practice proceedings before the Executive Office for Immigration Review and in other legal, judicial, or administrative proceedings involving immigration services issues (excluding exclusion, deportation, or removal proceedings and applications for relief therefrom); and
(3) shall coordinate legal issues with the General Counsel for the Bureau of Immigration Enforcement, including the issuance of joint legal opinions where more than the Bureau of Immigration Services and Adjudications is affected, the General Counsel for the Executive Office for Immigration Review, and the Associate Attorney General for Immigration Affairs through the Legal Advisor for the Agency for Immigration Affairs, as appropriate.
(e) CHIEF BUDGET OFFICER FOR BUREAU OF IMMIGRATION SERVICES AND ADJUDICATIONS- There shall be a position of Chief Budget Officer for the Bureau of Immigration Services and Adjudications. The Chief Budget Officer shall be responsible for formulating and executing the budget of the Bureau of Immigration Services and Adjudications. The Chief Budget Officer shall report to the Director of the Bureau of Immigration Services and Adjudications and shall provide information to, and coordinate resolution of relevant issues with, the Chief Financial Officer for the Agency for Immigration Affairs.
(f) OFFICE OF OPERATIONS STATISTICS- There is established in the Bureau of Immigration Services and Adjudications an office to be known as the ‘Office of Operations Statistics’. The head of the Office of Operations Statistics shall be the Chief of the Office of Operations Statistics. The Chief shall have had experience in statistical programs. The Chief of the Office of Operations Statistics shall be responsible for compiling and disseminating the daily operational statistics of the Bureau of Immigration Services and Adjudications.
(g) OFFICE OF CONGRESSIONAL, INTERGOVERNMENTAL, AND PUBLIC AFFAIRS- There is established in the Bureau of Immigration Services and Adjudications 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.
(h) SECTORS- Headed by sector directors, and located in appropriate geographic locations, sectors of the Bureau of Immigration Services and Adjudications shall be responsible for directing all aspects of the Bureau of Immigration Services and Adjudication operations within their assigned geographic areas of activity. Sector directors shall provide general guidance and supervision to the field offices of the Bureau of Immigration Services and Adjudications within their sectors.
(i) FIELD OFFICES- Headed by field directors, who may be assisted by deputy field directors, these offices shall be responsible for assisting the Director of the Bureau of Immigration Services and Adjudications 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 Services and Adjudications. All field directors shall remain accountable to, and receive their authority from, the Director of the Bureau of Immigration Services and Adjudications, in order to ensure consistent application and implementation of policies nationwide.
(j) SERVICE CENTERS- Headed by service center directors, field offices shall be responsible for assisting the Director of the Bureau of Immigration Services and Adjudications 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 Immigration Services and Adjudications, 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 Immigration Services and Adjudications may, in the Director’s discretion, transfer or remove any field director, sector director, or service center director.
(l) REFERENCES- With respect to any function transferred by this section or Act to, and exercised on or after the effective date of this section by, the Director of the Bureau of Immigration Services and Adjudications, 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 Services and Adjudications; or
(2) to such component is deemed to refer to the Bureau of Immigration Services and Adjudications.
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 Immigration Services and Adjudications;
(2) to identify areas in which individuals and employers have problems in dealing with the Bureau of Immigration Services and Adjudications;
(3) to the extent possible, to propose changes in the administrative practices of the Bureau of Immigration Services and Adjudications to mitigate problems identified under paragraph (2); and
(4) to identify potential legislative changes which 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 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 Immigration Services and Adjudications;
(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 identify any Bureau of Immigration Services and Adjudications official 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; 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 Assistant 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 Bureau of Immigration Services and Adjudications officers and employees 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 Immigration Services and Adjudications to identify serious service problems and to present recommendations for 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 described in subparagraph (A).
(2) CONSULTATION- The Ombudsman may consult with the appropriate supervisory personnel of the Bureau of Immigration Services and Adjudications in carrying out the Ombudsman’s responsibilities under this subsection.
(e) RESPONSIBILITIES OF BUREAU OF IMMIGRATION SERVICES AND ADJUDICATIONS- The Director of the Bureau of Immigration Services and Adjudications 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 delegate thereof;
(B) may consult with the appropriate supervisory personnel of the Bureau of Immigration Services and Adjudications 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 Agency 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 Immigration Services and Adjudications 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 Immigration Services and Adjudications, or any component of the Bureau of Immigration Services and Adjudications.
SEC. 6. ESTABLISHMENT OF BUREAU OF IMMIGRATION ENFORCEMENT.
(a) ESTABLISHMENT OF BUREAU-
(1) IN GENERAL- There is established in the Agency for Immigration Affairs 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 Immigration Services and Adjudications, or the Executive Office for Immigration Review, including potentially conflicting policies or operations.
(b) TRANSFER OF FUNCTIONS-
(1) FROM COMMISSIONER- 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 of this section:
(A) The Border Patrol program.
(B) The detention and removal program.
(C) The intelligence program.
(D) The investigations program.
(E) The inspections program.
(2) FROM ASSISTANT ATTORNEY GENERAL, CRIMINAL DIVISION- There are transferred from the Assistant Attorney General, Criminal Division, to the Director of the Bureau of Immigration Enforcement all functions performed by the Office of Special Investigations and all personnel, infrastructure, and funding provided to the Assistant Attorney General, Criminal Division, in support of the Office of Special Investigations immediately before the effective date of this section.
(3) FROM ASSISTANT ATTORNEY GENERAL, CIVIL DIVISION- There are transferred from the Assistant Attorney General, Civil Division, to the Director of the Bureau of Immigration Enforcement all functions performed by the Office of Immigration Litigation relating to the litigation of the following:
(A) Challenges to orders of exclusion, deportation, and removal;
(B) Denials of relief from exclusion, deportation, and removal;
(C) Petitions seeking review of employer sanctions;
(D) Habeas corpus actions filed by aliens seeking release from detention or to block deportation or removal;
(E) Appeals from district court immigration decisions;
(F) Suits challenging immigration policy and enforcement actions by the Attorney General; and
(G) all personnel, infrastructure, and funding provided to the Assistant Attorney General, Civil Division, in support of those functions immediately before the effective date of this section.
(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 (excluding statistical information); and
(3) coordinating immigration policy issues with the Office of Policy and Strategy for the Bureau of Immigration Services and Adjudications and the Associate Attorney General for Immigration Affairs through the Policy Advisor for the Office of the Associate Attorney General for Immigration Affairs, as appropriate.
(d) GENERAL COUNSEL FOR THE BUREAU OF IMMIGRATION ENFORCEMENT- There shall be a position of General Counsel for the Bureau of Immigration Enforcement. The General Counsel and his or her delegates--
(1) shall provide specialized legal advice and other assistance to the Director of the Bureau, the Director’s delegates, and all employees of the components transferred under this section;
(2) shall represent the Bureau in all exclusion, deportation, and removal proceedings before the Executive Office for Immigration Review, including in proceedings to adjudicate relief from exclusion, deportation and removal, and in other legal, judicial, or administrative proceedings involving immigration enforcement issues; and
(3) shall coordinate legal issues with the General Counsel for the Bureau of Immigration Services and Adjudications, including the issuance of joint legal opinions where more than the Bureau of Immigration Enforcement is affected, the General Counsel for the Executive Office for Immigration Review, and the Associate Attorney General for Immigration Affairs through the Legal Advisor for the Agency for Immigration Affairs, as appropriate.
(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 Agency for Immigration Affairs.
(f) OFFICE OF OPERATIONS STATISTICS- There is established in the Bureau of Immigration Enforcement an office to be known as the ‘Office of Operations Statistics’. The head of the Office of Operations Statistics shall be the Chief of the Office of Operations Statistics. The Chief shall have had experience in statistical programs. The Chief of the Office of Operations Statistics shall be responsible for compiling and disseminating the daily operational statistics of the Bureau of Immigration Enforcement.
(g) 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.
(h) 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 Bureau of Immigration Enforcement’s operations 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.
(i) FIELD OFFICES- Headed by field directors, who may be assisted by deputy field directors, field offices 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 situated in at least every location where there is situated a field office of the Bureau of Immigration Services and Adjudications.
(j) BORDER PATROL SECTORS- Headed by chief patrol agents, who may be assisted by deputy chief patrol agents, these offices shall be responsible for the enforcement of the Immigration and Nationality Act 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.
(k) 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 field director, sector director, or chief patrol officer.
(l) REFERENCES- With respect to any function transferred by this section or Act to, and exercised on or after the effective date of this section 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. EXERCISE OF AUTHORITIES.
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 of the transfer of the function under this Act.
SEC. 8. 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 section, 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 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 such section.
SEC. 9. 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 Immigration Services and Adjudications 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, the Executive Office for Immigration Review, the Office of Immigration Litigation of the Civil Division, the Office of Special Counsel for Immigration Related Unfair Employment Practices of the Civil Rights Division, or the Office of Special Investigations of the Criminal 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 Agency for Immigration Affairs for appropriate allocation by the Associate Attorney General for Immigration Affairs or the appropriate head of component of the agency. 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 date of the establishment of the Agency for Immigration Affairs.
(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 Immigration Services and Adjudications, 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 Agency for Immigration Affairs, the Bureau of Immigration Services and Adjudications 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 Agency for Immigration Affairs’ databases and those of the Bureau of Immigration Services and Adjudications 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 an 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 Agency for Immigration Affairs, the Bureau of Immigration Services and Adjudications, the Bureau of Immigration Enforcement, or the Executive Office for Immigration Review.
SEC. 10. 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, the Immigration and Nationality Act, or any other Act, to investigate illegal passport or visa issuance or use.
SEC. 11. PERSONNEL FLEXIBILITIES.
(a) GENERAL IMPROVEMENTS IN PERSONNEL FLEXIBILITIES- Subpart I of part III of title 5, United States Code, is amended by adding at the end the following chapter:
‘CHAPTER 96--PERSONNEL FLEXIBILITIES RELATING TO THE AGENCY FOR IMMIGRATION AFFAIRS
‘Sec.
‘9601. Agency for Immigration Affairs personnel flexibilities.
‘9602. Pay authority for critical positions.
‘9603. Streamlined critical pay authority.
‘9604. Recruitment, retention, relocation incentives, and relocation expenses.
‘Sec. 9601. Agency for Immigration Affairs personnel flexibilities
‘(a) Any flexibilities provided by sections 9602 through 9604 shall be exercised in a manner consistent with--
‘(1) chapter 23 (relating to merit system principles and prohibited personnel practices);
‘(2) provisions relating to preference eligibles;
‘(3) except as otherwise specifically provided, section 5307 (relating to the aggregate limitation on pay);
‘(4) except as otherwise specifically provided, chapter 71 (relating to labor-management relations); and
‘(5) subject to subsections (b) and (c) of section 1104, as though such authorities were delegated to the Attorney General under section 1104(a)(2).
‘(b) The Attorney General shall provide the Office of Personnel Management with any information that Office requires in carrying out its responsibilities under this section.
‘(c) Employees within a unit to which a labor organization is accorded exclusive recognition under chapter 71 shall not be subject to any flexibility provided by sections 9602 through 9604.
‘Sec. 9602. Pay authority for critical positions
‘(a) When the Attorney General seeks a grant of authority under section 5377 for critical pay for 1 or more positions at the Agency for Immigration Affairs, the Office of Management and Budget may fix the rate of basic pay, notwithstanding sections 5377(d)(2) and 5307, at any rate up to the salary set in accordance with section 104 of title 3.
‘(b) No allowance, differential, bonus, award, or similar cash payment may be paid to any employee receiving critical pay at a rate fixed under subsection (a), in any calendar year if, or to the extent that, the employee’s total annual compensation will exceed the maximum amount of total annual compensation payable at the salary set in accordance with section 104 of title 3.
‘Sec. 9603. Streamlined critical pay authority
‘(a) Notwithstanding section 9602, and without regard to the provisions of this title governing appointments in the competitive service or the Senior Executive Service and chapters 51 and 53 (relating to classification and pay rates), the Attorney General may, for a period of 10 years after the date of the enactment of this section, establish, fix the compensation of, and appoint individuals to, designated critical administrative, technical, and professional positions needed to carry out the functions of the Agency for Immigration Affairs, if--
‘(1) the positions--
‘(A) require expertise of an extremely high level in an administrative, technical, or professional field; and
‘(B) are critical to the Agency for Immigration Affairs’ successful accomplishment of an important mission;
‘(2) exercise of the authority is necessary to recruit or retain an individual exceptionally well qualified for the position;
‘(3) the number of such positions does not exceed 20 at any one time;
‘(4) designation of such positions is approved by the Attorney General;
‘(5) the terms of such appointments are limited to no more than 4 years;
‘(6) appointees to such positions were not employees of the Immigration and Naturalization Service, the Executive Office for Immigration Review, the Office of Immigration Litigation of the Civil Division, the Office of Special Counsel for Immigration Related Unfair Employment Practices of the Civil Rights Division, or the Office of Special Investigations of the Criminal Division prior to the date of the enactment of this Act;
‘(7) total annual compensation for any appointee to such positions does not exceed the highest total annual compensation payable at the rate determined under section 104 of title 3; and
‘(8) all such positions are excluded from the collective bargaining unit.
‘(b) Individuals appointed under this section shall not be considered to be employees for purposes of subchapter II of chapter 75.
‘Sec. 9604. Recruitment, retention, relocation incentives, and relocation expenses
‘(a) For a period of 10 years after the date of the enactment of this section and subject to approval by the Office of Personnel Management, the Attorney General may provide for variations from sections 5753 and 5754 governing payment of recruitment, relocation, and retention incentives.
‘(b) For a period of 10 years after the date of the enactment of this section, the Attorney General may pay from appropriations made to the Agency for Immigration Affairs allowable relocation expenses under section 5724a for employees transferred or reemployed and allowable travel and transportation expenses under section 5723 for new appointees, for any new appointee appointed to a position for which pay is fixed under section 9602 or 9603 after the date of the enactment of this Act.’.
(b) CLERICAL AMENDMENT- The table of chapters for part III of title 5, United States Code, is amended by adding after the item relating to chapter 95 the following:
‘96. Personnel flexibilities relating to the Agency for Immigration Affairs
--9601’.
(c) VOLUNTARY SEPARATION INCENTIVE PAYMENTS-
(1) DEFINITION- In this subsection, the term ‘employee’ means an employee (as defined by section 2105 of title 5, United States Code) who is employed by the Agency for Immigration Affairs serving under an appointment without time limitation, and has been currently employed for a continuous period of at least 3 years, but does not include--
(A) a reemployed annuitant under subchapter III of chapter 83 or chapter 84 of title 5, United States Code, or another retirement system;
(B) an employee having a disability on the basis of which such employee is or would be eligible for disability retirement under the applicable retirement system referred to in subparagraph (A);
(C) an employee who is in receipt of a specific notice of involuntary separation for misconduct or unacceptable performance;
(D) an employee who, upon completing an additional period of service as referred to in section 3(b)(2)(B)(ii) of the Federal Workforce Restructuring Act of 1994 (5 U.S.C. 5597 note), would qualify for a voluntary separation incentive payment under section 3 of such Act;
(E) an employee who has previously received any voluntary separation incentive payment by the Federal Government under this section or any other authority and has not repaid such payment;
(F) an employee covered by statutory reemployment rights who is on transfer to another organization;
(G) any employee who, during the 24-month period preceding the date of separation, has received a recruitment or relocation bonus under section 5753 of title 5, United States Code, or who, within the 12-month period preceding the date of separation, received a retention allowance under section 5754 of title 5, United States Code; or
(H) any employee within a unit to which a labor organization is accorded exclusive recognition under chapter 71.
(2) AUTHORITY TO PROVIDE VOLUNTARY SEPARATION INCENTIVE PAYMENTS-
(A) IN GENERAL- The Associate Attorney General for Immigration Affairs may pay voluntary separation incentive payments under this section to any employee to the extent necessary to carry out the plan to restructure the immigration functions of the Department of Justice into the Agency for Immigration Affairs under this Act.
(B) AMOUNT AND TREATMENT OF PAYMENTS- A voluntary separation incentive payment--
(i) shall be paid in a lump sum after the employee’s separation;
(ii) shall be paid from appropriations or funds available for the payment of the basic pay of the employee;
(iii) shall be equal to the lesser of--
(I) an amount equal to the amount the employee would be entitled to receive under section 5595(c) of title 5, United States Code; or
(II) an amount determined by the Associate Attorney General for Immigration Affairs not to exceed $25,000;
(iv) may not be made except in the case of any qualifying employee who voluntarily separates (whether by retirement or resignation) before January 1, 2005;
(v) shall not be a basis for payment, and shall not be included in the computation, of any other type of Government benefit; and
(vi) 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.
(3) ADDITIONAL AGENCY FOR IMMIGRATION AFFAIRS CONTRIBUTIONS TO THE RETIREMENT FUND-
(A) IN GENERAL- In addition to any other payments which it is required to make under subchapter III of chapter 83 of title 5, United States Code, the Agency for Immigration Affairs shall remit to the Office of Personnel Management for deposit in the Treasury of the United States to the credit of the Civil Service Retirement and Disability Fund an amount equal to 15 percent of the final basic pay of each employee who is covered under subchapter III of chapter 83 or chapter 84 of title 5, United States Code, to whom a voluntary separation incentive has been paid under this subsection.
(B) DEFINITION- In subparagraph (A), the term ‘final basic pay’, with respect to an employee, means the total amount of basic pay which would be payable for a year of service by such employee, computed using the employee’s final rate of basic pay, and, if last serving on other than a full-time basis, with appropriate adjustment therefor.
(4) EFFECT OF SUBSEQUENT EMPLOYMENT WITH THE GOVERNMENT- An individual who has received a voluntary separation incentive payment under this subsection and accepts any employment for compensation with the Government of the United States, or who works for any agency of the United States Government through a personal services contract, within 5 years after the date of the separation on which the payment is based, shall be required to pay, prior to the individual’s first day of employment, the entire amount of the incentive payment to the Agency for Immigration Affairs.
(5) EFFECT ON EMPLOYMENT LEVELS-
(A) INTENDED EFFECT- Voluntary separations under this subsection are not intended to necessarily reduce the total number of full-time equivalent positions in the Agency for Immigration Affairs.
(B) USE OF VOLUNTARY SEPARATIONS- The Agency for Immigration Affairs may redeploy or use the full-time equivalent positions vacated by voluntary separations under this subsection to make other positions available to more critical locations or more critical occupations.
SEC. 12. MISCELLANEOUS PROVISIONS.
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, such amounts as may be necessary for the leasing or acquisition of property in the fulfillment of establishing the Agency for Immigration Affairs under this Act.
SEC. 13. AUTHORIZATION OF APPROPRIATIONS; PROHIBITION ON TRANSFER OF FEES; 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 Agency
for Immigration Affairs and its components, and the transfers of functions required to be made under 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.
(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 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 Immigration Services and Adjudications, the Bureau of Immigration Enforcement, and the Executive Office for Immigration Review.
(2) SEPARATE BUDGETS- To ensure that the Bureau of Immigration Services and Adjudications, the Bureau of Immigration Enforcement, and the Executive Office for Immigration Review 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 among the Bureau of Immigration Services and Adjudications, the Bureau of Immigration Enforcement, and the Executive Office for Immigration Review for purposes not authorized by section 286 of the Immigration and Nationality Act.
(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.’.
(c) SENSE OF CONGRESS- It is the sense of the Congress that--
(1) the missions of both the Bureau of Immigration Services and Adjudications and the Bureau of Immigration Enforcement are equally important and, accordingly, both Bureaus should be adequately funded; and
(2) neither the immigration adjudication and service functions referred to in section 4 nor the immigration enforcement functions referred to in section 6 should operate at levels below that in existence prior to the enactment of this Act.
(d) AUTHORIZATION OF APPROPRIATIONS FOR BACKLOG REDUCTION- There are authorized to be appropriated such sums as may be necessary for fiscal years 2002 through 2004 to reduce any backlog in processing and adjudicating pending--
(1) applications for naturalization under section 308 of the Immigration and Nationality Act;
(2) applications for adjustments of status under sections 245 and 209 of such Act;
(3) petitions for nonimmigrant visas under section 214 of such Act;
(4) applications for immigrant visas under section 222 of such Act;
(5) applications for asylum under section 208 of such Act; and
(6) petitions for temporary protected status under section 244 of such Act.
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 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 components of the Agency for Immigration Affairs. Not later than 60 days after the date of submittal of such report, each such component shall submit to such Committees an operating plan of resources allocated, by object class and decision unit structure.
(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 House of Representatives and of the Senate a report on the proposed division of personnel among the components of the Agency for Immigration Affairs.
(c) IMPLEMENTATION PLAN-
(1) IN GENERAL- 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 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 components of the Agency for Immigration Affairs, including but not limited to the following:
(A) Organizational structure, including the field structure.
(B) Chain of command.
(C) Procedures for interaction between such components.
(D) Procedures for the Director of Shared Services to perform all shared support functions, including authorizing the Directors of the Bureau of Immigration Services and Adjudications, the Bureau of Immigration Enforcement, and the Executive Office for Immigration Review to approve training curricula and to acquire such supplies and equipment as may be necessary to perform the daily operations of their component of the Agency for Immigration Affairs.
(E) Procedures to establish separate accounts and financial management systems for the Bureau of Immigration Services and Adjudications, the Bureau of Immigration Enforcement, and the Executive Office for Immigration Review 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.
(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 Immigration Services and Adjudications, the Bureau of Immigration Enforcement, and the Executive Office for Immigration Review 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 House of Representatives and of the Senate a report containing a plan for how the Director of the Bureau of Immigration Services and Adjudications will complete efficiently, fairly, and within a reasonable time, the adjudications described in subparagraphs (A) through (E) of section 4(b)(1).
(2) CONTENTS- For each type of adjudication to be undertaken by the Director of the Bureau of Immigration Services and Adjudications, 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)(1) 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 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 subparagraphs (A) through (E) of section 6(b)(1), will enforce comprehensively, effectively, and fairly all the enforcement provisions of the Immigration and Nationality Act 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 Immigration Services and Adjudications, 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 of the transfer of functions under this Act, shall submit to the Committees on the Judiciary and Appropriations of the House of Representatives and of the Senate a report on whether the Director of Shared Services is properly serving the Bureau of Immigration Services and Adjudications, the Bureau of Immigration Enforcement, and the Executive Office for Immigration Review. The report should address whether it would be more efficient to transfer the functions described in paragraphs (1) through (4) of section 3(d) to the Director of the Bureau of Immigration Services and Adjudications, the Director of the Bureau of Immigration Enforcement, and the Director of the Executive Office for Immigration Review, and shall include an estimate of the cost of such transfers.
(g) COMPTROLLER GENERAL STUDIES AND REPORTS-
(1) STATUS REPORTS ON TRANSITION- Not later than 18 months after the effective date of the transfer of functions under this Act, 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 House of Representatives and the Senate a report containing the following:
(A) A determination of whether the transfer of functions made by sections 4 and 6 of
this Act has been completed, and if the transfer of functions has not taken place, identifying the reasons why the transfer has not taken place.
(B) If the transfer of functions made by sections 4 and 6 of this Act has been completed, an identification of any issues that have arisen due to the completed transfer of functions.
(C) An identification of any issues that may arise due to the future transfer of functions.
(2) REPORT ON MANAGEMENT- Not later than 4 years after the effective date of the transfer of the function under this Act, the Comptroller General of the United States shall submit to the Committees on Appropriations and on the Judiciary of the 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, the Office of Immigration Litigation of the Civil Division, and the Office of Special Counsel for Immigration Related Unfair Employment Practices of the Civil Rights Division to the Bureau of Immigration Services and Adjudications, and the transfer of functions from the Immigration and Naturalization Service, the Office of Immigration Litigation of the Civil Division, and the Office of Special Investigations of the Criminal Division to the Bureau of Immigration Enforcement, under this Act has 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 Agency for Immigration Affairs.
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, access to online information about the processing status of the filing involved.
(b) FEASIBILITY STUDY FOR ON-LINE FILING AND IMPROVED PROCESSING-
(1) ON-LINE FILING- The Attorney General, in consultation with the Technology Advisory Committee established under subsection (c), shall conduct a feasibility study on the on-line 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 on-line.
(2) REPORT- A report on the study under this subsection shall be submitted to the Committees on the Judiciary of the 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 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 on-line 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 Agency for Immigration Affairs, and the transfers of functions specified under this Act shall take effect on the date that is 1 year after the date of the enactment of this Act. The Associate Attorney General for Immigration Affairs, the Director of the Bureau of Immigration Services and Adjudications, 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, the Office of Immigration Litigation of the Civil Division, the Office of Special Counsel for Immigration Related Unfair Employment Practices of the Civil Rights Division, and the Office of Special Investigations of the Criminal Division during fiscal year 2002, 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 Agency for Immigration Affairs.
(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 (g) of each of sections 4 and 6 for both the Bureau of Immigration Services and Adjudications 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.’.
