Chapter VI: Section 1: Short Title; Table of Contents (5)

(a) Establishment of Bureau.--
(1) In general.--There shall be in the Department 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 Deputy
Secretary;
(B) shall have a minimum of 5 years of
management experience; and
(C) shall be paid at the same level as the
Assistant Secretary of the Bureau of Border
Security.
(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 Deputy Secretary with
respect to any policy or operation of the
Bureau of Citizenship and Immigration Services
that may affect the Bureau of Border Security
of the Department, including potentially
conflicting policies or operations;
(D) shall establish national immigration
services policies and priorities;
(E) shall meet regularly with the Ombudsman
described in section 452 to correct serious
service problems identified by the Ombudsman;
and
(F) shall establish procedures requiring a
formal response to any recommendations
submitted in the Ombudsman's annual report to
Congress within 3 months after its submission
to Congress.
(4) Managerial rotation program.--
(A) In general.--Not later than 1 year
after the effective date specified in section
455, 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--
(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 455,
the Secretary shall submit a report to Congress
on the implementation of such program.
(5) 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.--In accordance
with title XV (relating to transition provisions), there are
transferred from the Commissioner of Immigration and
Naturalization 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 455:
(1) Adjudications of 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 455.
(c) Chief of Policy and Strategy.--
(1) In general.--There shall be a position of Chief
of Policy and Strategy for the Bureau of Citizenship
and Immigration Services.
(2) Functions.--In consultation with Bureau of
Citizenship and Immigration Services personnel in field
offices, the Chief of Policy and Strategy shall be
responsible for--
(A) making policy recommendations and
performing policy research and analysis on
immigration services issues; and
(B) coordinating immigration policy issues
with the Chief of Policy and Strategy for the
Bureau of Border Security of the Department.
(d) Legal Advisor.--
(1) In general.--There shall be a principal legal
advisor to the Director of the Bureau of Citizenship
and Immigration Services.
(2) Functions.--The legal advisor shall be
responsible for--
(A) providing specialized legal advice,
opinions, determinations, regulations, and any
other assistance to the Director of the Bureau
of Citizenship and Immigration Services with
respect to legal matters affecting the Bureau
of Citizenship and Immigration Services; and
(B) representing the Bureau of Citizenship
and Immigration Services in visa petition
appeal proceedings before the Executive Office
for Immigration Review.
(e) Budget Officer.--
(1) In general.--There shall be a Budget Officer
for the Bureau of Citizenship and Immigration Services.
(2) Functions.--
(A) In general.--The Budget Officer shall
be responsible for--
(i) formulating and executing the
budget of the Bureau of Citizenship and
Immigration Services;
(ii) financial management of the
Bureau of Citizenship and Immigration
Services; and
(iii) collecting all payments,
fines, and other debts for the Bureau
of Citizenship and Immigration
Services.
(f) Chief of Office of Citizenship.--
(1) In general.--There shall be a position of Chief
of the Office of Citizenship for the Bureau of
Citizenship and Immigration Services.
(2) Functions.--The Chief of the Office of
Citizenship for the Bureau of Citizenship and
Immigration Services 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.
(g) \1\ Office of the FBI Liaison.--
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\1\ Subsection (g) of section 451 was added by section 2(a) of
Public Law 110-382. Section 4 of such Public Law provides:

SEC. 4. SUNSET PROVISION.
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This Act and the amendments made by this Act are repealed on the
date that is 5 years after the date of the enactment of this Act.
[enactment date is October 9, 2008]
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(1) In general.--There shall be an Office of the
FBI Liaison in the Department of Homeland Security.
(2) Functions.--The Office of the FBI Liaison shall
monitor the progress of the functions of the Federal
Bureau of Investigation in the naturalization process
to assist in the expeditious completion of all such
functions pertaining to naturalization applications
filed by, or on behalf of--
(A) current or former members of the Armed
Forces under section 328 or 329 of the
Immigration and Nationality Act (8 U.S.C. 1439
and 1440);
(B) current spouses of United States
citizens who are currently serving on active
duty in the Armed Forces, who qualify for
naturalization under section 319(b) of the
Immigration and Nationality Act (8 U.S.C.
1430(b)), and surviving spouses and children
who qualify for naturalization under section
319(d) of such Act; or
(C) a deceased individual who is eligible
for posthumous citizenship under section 329A
of the Immigration and Nationality Act (8
U.S.C. 1440-1).
(3) Authorization of appropriations.--There are
authorized to be appropriated such sums as may be
necessary to carry out this subsection.

SEC. 452. [6 U.S.C. 272] CITIZENSHIP AND IMMIGRATION SERVICES
OMBUDSMAN.

(a) In General.--Within the Department, there shall be a
position of Citizenship and Immigration Services Ombudsman (in
this section referred to as the ``Ombudsman''). The Ombudsman
shall report directly to the Deputy Secretary. The Ombudsman
shall have a background in customer service as well as
immigration law.
(b) Functions.--It shall be the function of the Ombudsman--
(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; and
(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).
(c) 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 recommendations the
Office of the Ombudsman has made 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 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 comment or amendment from the
Secretary, Deputy Secretary, Director of the Bureau of
Citizenship and Immigration Services, or any other
officer or employee of the Department or the Office of
Management and Budget.
(d) 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.
(e) 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.
(f) 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.
(g) 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 of the Department and report directly
to 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. 453. [6 U.S.C. 273] PROFESSIONAL RESPONSIBILITY AND QUALITY
REVIEW.

(a) In General.--The Director of the Bureau of Citizenship
and Immigration Services shall be responsible for--
(1) conducting investigations of noncriminal
allegations of misconduct, corruption, and fraud
involving any employee of the Bureau of Citizenship and
Immigration Services that are not subject to
investigation by the Inspector General for the
Department;
(2) inspecting the operations of the Bureau of
Citizenship and Immigration Services and providing
assessments of the quality of the operations of such
bureau as a whole and each of its components; and
(3) providing an analysis of the management of the
Bureau of Citizenship and Immigration Services.
(b) Special Considerations.--In providing assessments in
accordance with subsection (a)(2) with respect to a decision of
the Bureau of Citizenship and Immigration Services, or any of
its components, consideration shall be given to--
(1) the accuracy of the findings of fact and
conclusions of law used in rendering the decision;
(2) any fraud or misrepresentation associated with
the decision; and
(3) the efficiency with which the decision was
rendered.

SEC. 454. [6 U.S.C. 274] EMPLOYEE DISCIPLINE.

The Director of the Bureau of Citizenship and Immigration Services 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 Bureau of Citizenship and Immigration Services who willfully deceives Congress or agency leadership on any matter.

SEC. 455. [6 U.S.C. 271 NOTE] EFFECTIVE DATE.

Notwithstanding section 4, sections 451 through 456, and the amendments made by such sections, shall take effect on the date on which the transfer of functions specified under section 441 takes effect.

SEC. 456. [6 U.S.C. 275] TRANSITION.

(a) References.--With respect to any function transferred
by this subtitle to, and exercised on or after the effective
date specified in section 455 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.
(b) Other Transition Issues.--
(1) Exercise of authorities.--Except as otherwise
provided by law, a Federal official to whom a function
is transferred by this subtitle 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 455.
(2) Transfer and allocation of appropriations and
personnel.--The personnel of the Department of Justice
employed in connection with the functions transferred
by this subtitle (and functions that the Secretary
determines are properly related to the functions of the
Bureau of Citizenship and Immigration Services), 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 in connection with the functions transferred by
this subtitle, subject to section 202 of the Budget and
Accounting Procedures Act of 1950, shall be transferred
to the Director of the Bureau of Citizenship and
Immigration Services for allocation to the appropriate
component of the Department. Unexpended funds
transferred pursuant to this paragraph shall be used
only for the purposes for which the funds were
originally authorized and appropriated. The Secretary
shall have the right to adjust or realign transfers of
funds and personnel effected pursuant to this subtitle
for a period of 2 years after the effective date
specified in section 455.
* * * * * * *

SEC. 459. [6 U.S.C. 276] REPORT ON IMPROVING IMMIGRATION SERVICES.

(a) In General.--The Secretary, not later than 1 year after the effective date of this Act, shall submit to the Committees on the Judiciary and Appropriations of the House of Representatives and of the Senate a report with a plan detailing how the Bureau of Citizenship and Immigration Services, after the transfer of functions specified in this subtitle takes effect, will complete efficiently, fairly, and within a reasonable time, the adjudications described in paragraphs (1) through (5) of section 451(b). (b) 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: (1) Any potential savings of resources that may be implemented without affecting the quality of the adjudication. (2) The goal for processing time with respect to the application. (3) Any statutory modifications with respect to the adjudication that the Secretary considers advisable. (c) Consultation.--In carrying out subsection (a), the Secretary shall consult with the Secretary of State, the Secretary of Labor, the Assistant Secretary of the Bureau of Border Security of the Department, 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 451(b) and related processes.

SEC. 460. [6 U.S.C. 277] 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 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 transfer of functions specified in this subtitle takes effect, the Bureau of Citizenship and Immigration Services of the Department, 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. 461. [6 U.S.C. 278] APPLICATION OF INTERNET-BASED TECHNOLOGIES.

(a) Establishment of Tracking System.--The Secretary, not
later than 1 year after the effective date 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 Secretary 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 Secretary, 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 House of Representatives and the
Senate not later than 1 year after the effective date
of this Act.
(c) Technology Advisory Committee.--
(1) Establishment.--The Secretary shall establish,
not later than 60 days after the effective date of this
Act, an advisory committee (in this section referred to
as the ``Technology Advisory Committee'') to assist the
Secretary 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 online
filing system described in subsection (b)(1).

SEC. 462. [6 U.S.C. 279] CHILDREN'S AFFAIRS.

(a) Transfer of Functions.--There are transferred to the
Director of the Office of Refugee Resettlement of the
Department of Health and Human Services functions under the
immigration laws of the United States with respect to the care
of unaccompanied alien children that were vested by statute in,
or performed by, the Commissioner of Immigration and
Naturalization (or any officer, employee, or component of the
Immigration and Naturalization Service) immediately before the
effective date specified in subsection (d).
(b) Functions.--
(1) In general.--Pursuant to the transfer made by
subsection (a), the Director of the Office of Refugee
Resettlement shall be responsible for--
(A) coordinating and implementing the care
and placement of unaccompanied alien children
who are in Federal custody by reason of their
immigration status, including developing a plan
to be submitted to 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;
(B) ensuring that the interests of the
child are considered in decisions and actions
relating to the care and custody of an
unaccompanied alien child;
(C) making placement determinations for all
unaccompanied alien children who are in Federal
custody by reason of their immigration status;
(D) implementing the placement
determinations;
(E) implementing policies with respect to
the care and placement of unaccompanied alien
children;
(F) identifying a sufficient number of
qualified individuals, entities, and facilities
to house unaccompanied alien children;
(G) overseeing the infrastructure and
personnel of facilities in which unaccompanied
alien children reside;
(H) reuniting unaccompanied alien children
with a parent abroad in appropriate cases;
(I) 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;
(J) maintaining statistical information and
other data on unaccompanied alien children for
whose care and placement the Director is
responsible, 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 Federal custody by reason of
his or her immigration status;
(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;
(K) collecting and compiling statistical
information from the Department of Justice, the
Department of Homeland Security, and the
Department of State on each department's
actions relating to unaccompanied alien
children; and
(L) conducting investigations and
inspections of facilities and other entities in
which unaccompanied alien children reside.
(2) Coordination with other entities; no release on
own recognizance.--In making determinations described
in paragraph (1)(C), the Director of the Office of
Refugee Resettlement--
(A) shall consult with appropriate juvenile
justice professionals, the Director of the
Bureau of Citizenship and Immigration Services,
and the Assistant Secretary of the Bureau of
Border Security 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 are not likely to pose a
danger to themselves or others; and
(B) shall not release such children upon
their own recognizance.
(3) Duties with respect to foster care.--In
carrying out the duties described in paragraph (1)(G),
the Director of the Office of Refugee Resettlement is
encouraged to use the refugee children foster care
system established pursuant to section 412(d) of the
Immigration and Nationality Act (8 U.S.C. 1522(d)) for
the placement of unaccompanied alien children.
(c) Rule of Construction.--Nothing in this section 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 Department of Justice, the Department of Homeland
Security, or the Department of State.
(d) Effective Date.--Notwithstanding section 4, this
section shall take effect on the date on which the transfer of
functions specified under section 441 takes effect.
(e) References.--With respect to any function transferred
by 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 Director of the Office of Refugee
Resettlement; or
(2) to such component is deemed to refer to the
Office of Refugee Resettlement of the Department of
Health and Human Services.
(f) Other Transition Issues.--
(1) Exercise of authorities.--Except as otherwise
provided by law, a Federal official to whom a function
is transferred by this section 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 subsection (d).
(2) Savings provisions.--Subsections (a), (b), and
(c) of section 1512 shall apply to a transfer of
functions under this section in the same manner as such
provisions apply to a transfer of functions under this
Act to the Department of Homeland Security.
(3) Transfer and allocation of appropriations and
personnel.--The personnel of the Department of Justice
employed in connection with the functions transferred
by this section, 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 in connection with the functions
transferred by this section, subject to section 202 of
the Budget and Accounting Procedures Act of 1950, shall
be transferred to the Director of the Office of Refugee
Resettlement for allocation to the appropriate
component of the Department of Health and Human
Services. Unexpended funds transferred pursuant to this
paragraph shall be used only for the purposes for which
the funds were originally authorized and appropriated.
(g) Definitions.--As used in this section--
(1) the term ``placement'' means the placement of
an unaccompanied alien child in either a detention
facility or an alternative to such a facility; and
(2) the term ``unaccompanied alien child'' means a
child who--
(A) has no lawful immigration status in the
United States;
(B) has not attained 18 years of age; and
(C) with respect to whom--
(i) there is no parent or legal
guardian in the United States; or
(ii) no parent or legal guardian in
the United States is available to
provide care and physical custody.

Subtitle F--General Immigration Provisions

SEC. 471. [6 U.S.C. 291] ABOLISHMENT OF INS.

(a) In General.--Upon completion of all transfers from the Immigration and Naturalization Service as provided for by this Act, the Immigration and Naturalization Service of the Department of Justice is abolished. (b) Prohibition.--The authority provided by section 1502 may be used to reorganize functions or organizational units within the Bureau of Border Security or the Bureau of Citizenship and Immigration Services, but may not be used to recombine the two bureaus into a single agency or otherwise to combine, join, or consolidate functions or organizational units of the two bureaus with each other.

SEC. 472. [6 U.S.C. 292] 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 Bureau of Border Security of the
Department of Homeland Security; and
(C) the Bureau of Citizenship and
Immigration Services of the Department of
Homeland Security; and
(3) the term ``transfer date'' means the date on
which the transfer of functions specified under section
441 takes effect.
(b) Strategic Restructuring Plan.--Before the Attorney
General or the Secretary obligates any resources for voluntary
separation incentive payments under this section, such official
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 and the Secretary may,
to the extent necessary to help carry out their respective
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 or the
Secretary;
(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 and the Department of Homeland Security 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 Deputy Secretary or the Under Secretary for Border and
Transportation Security (for transfer to the appropriate
component of the Department of Homeland Security, 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. 473. [6 U.S.C. 293] AUTHORITY TO CONDUCT A DEMONSTRATION PROJECT
RELATING TO DISCIPLINARY ACTION.

(a) In General.--The Attorney General and the Secretary may each, 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.--A demonstration project under this section-- (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 under the jurisdiction of the official conducting the project 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) of such title 5). (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 or the Secretary shall furnish such information as the General Accounting Office may require to carry out this subsection. (g) Definition.--In this section, the term ``covered entity'' has the meaning given such term in section 472(a)(2).

SEC. 474. [6 U.S.C. 294] SENSE OF CONGRESS.

It is the sense of Congress that--
(1) the missions of the Bureau of Border Security
and the Bureau of Citizenship and Immigration Services
are equally important and, accordingly, they each
should be adequately funded; and
(2) the functions transferred under this subtitle
should not, after such transfers take effect, operate
at levels below those in effect prior to the enactment
of this Act.

SEC. 475. [6 U.S.C. 295] DIRECTOR OF SHARED SERVICES.

(a) In General.--Within the Office of Deputy Secretary,
there shall be a Director of Shared Services.
(b) Functions.--The Director of Shared Services shall be
responsible for the coordination of resources for the Bureau of
Border Security and the Bureau of Citizenship and Immigration
Services, including--
(1) information resources management, including
computer databases and information technology;
(2) records and file management; and
(3) forms management.

SEC. 476. [6 U.S.C. 296] SEPARATION OF FUNDING.

(a) 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 Border Security. (b) Separate Budgets.--To ensure that the Bureau of Citizenship and Immigration Services and the Bureau of Border Security 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. (c) Fees.--Fees imposed for a particular service, application, or benefit shall be deposited into the account established under subsection (a) that is for the bureau with jurisdiction over the function to which the fee relates. (d) Fees Not Transferable.--No fee may be transferred between the Bureau of Citizenship and Immigration Services and the Bureau of Border Security for purposes not authorized by section 286 of the Immigration and Nationality Act (8 U.S.C. 1356).

SEC. 477. [6 U.S.C. 297] REPORTS AND IMPLEMENTATION PLANS.

(a) Division of Funds.--The Secretary, not later than 120
days after the effective date 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, between the Bureau of Citizenship and
Immigration Services and the Bureau of Border Security.
(b) Division of Personnel.--The Secretary, not later than
120 days after the effective date 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 between the Bureau of Citizenship and
Immigration Services and the Bureau of Border Security.
(c) Implementation Plan.--
(1) In general.--The Secretary, not later than 120
days after the effective date 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 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 Bureau
of Citizenship and Immigration Services and the Bureau
of Border Security, including the following:
(A) Organizational structure, including the
field structure.
(B) Chain of command.
(C) Procedures for interaction among such
bureaus.
(D) Fraud detection and investigation.
(E) The processing and handling of removal
proceedings, including expedited removal and
applications for relief from removal.
(F) Recommendations for conforming
amendments to the Immigration and Nationality
Act (8 U.S.C. 1101 et seq.).
(G) Establishment of a transition team.
(H) Methods 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
Border Security.
(d) Comptroller General Studies and Reports.--
(1) Status reports on transition.--Not later than
18 months after the date on which the transfer of
functions specified under section 441 takes effect, and
every 6 months thereafter, until full implementation of
this subtitle 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
transfers of functions made by subtitles D and
E 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
subtitles D and E 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 date on which the transfer of functions
specified under section 441 takes effect, 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 to the Bureau of
Citizenship and Immigration Services and the
Bureau of Border Security 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 Bureau of Citizenship and
Immigration Services and the Bureau of Border
Security.
(3) Report on fees.--Not later than 1 year 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.

SEC. 478. [6 U.S.C. 298] IMMIGRATION FUNCTIONS.

(a) Annual Report.--
(1) In general.--One year after the date of the
enactment of this Act, and each year thereafter, the
Secretary shall submit a report to the President, to
the Committees on the Judiciary and Government Reform
of the House of Representatives, and to the Committees
on the Judiciary and Government Affairs of the Senate,
on the impact the transfers made by this subtitle has
had on immigration functions.
(2) Matter included.--The report shall address the
following with respect to the period covered by the
report:
(A) The aggregate number of all immigration
applications and petitions received, and
processed, by the Department.
(B) Region-by-region statistics on the
aggregate number of immigration applications
and petitions filed by an alien (or filed on
behalf of an alien) and denied, disaggregated
by category of denial and application or
petition type.
(C) The quantity of backlogged immigration
applications and petitions that have been
processed, the aggregate number awaiting
processing, and a detailed plan for eliminating
the backlog.
(D) The average processing period for
immigration applications and petitions,
disaggregated by application or petition type.
(E) The number and types of immigration-
related grievances filed with any official of
the Department of Justice, and if those
grievances were resolved.
(F) Plans to address grievances and improve
immigration services.
(G) Whether immigration-related fees were
used consistent with legal requirements
regarding such use.
(H) Whether immigration-related questions
conveyed by customers to the Department
(whether conveyed in person, by telephone, or
by means of the Internet) were answered
effectively and efficiently.
(b) Sense of Congress Regarding Immigration Services.--It
is the sense of Congress that--
(1) the quality and efficiency of immigration
services rendered by the Federal Government should be
improved after the transfers made by this subtitle take
effect; and
(2) the Secretary should undertake efforts to
guarantee that concerns regarding the quality and
efficiency of immigration services are addressed after
such effective date.

TITLE V--NATIONAL EMERGENCY MANAGEMENT

SEC. 501. [6 U.S.C. 311] DEFINITIONS.

In this title--
(1) the term ``Administrator'' means the
Administrator of the Agency;
(2) the term ``Agency'' means the Federal Emergency
Management Agency;
(3) the term ``catastrophic incident'' means any
natural disaster, act of terrorism, or other man-made
disaster that results in extraordinary levels of
casualties or damage or disruption severely affecting
the population (including mass evacuations),
infrastructure, environment, economy, national morale,
or government functions in an area;
(4) the terms ``credentialed'' and
``credentialing'' mean having provided, or providing,
respectively, documentation that identifies personnel
and authenticates and verifies the qualifications of
such personnel by ensuring that such personnel possess
a minimum common level of training, experience,
physical and medical fitness, and capability
appropriate for a particular position in accordance
with standards created under section 510;
(5) the term ``Federal coordinating officer'' means
a Federal coordinating officer as described in section
302 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5143);
(6) the term ``interoperable'' has the meaning
given the term ``interoperable communications'' under
section 7303(g)(1) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (6 U.S.C. 194(g)(1));
(7) the term ``National Incident Management
System'' means a system to enable effective, efficient,
and collaborative incident management;
(8) the term ``National Response Plan'' means the
National Response Plan or any successor plan prepared
under section 502(a)(6);
(9) the term ``Regional Administrator'' means a
Regional Administrator appointed under section 507;
(10) the term ``Regional Office'' means a Regional
Office established under section 507;
(11) the term ``resources'' means personnel and
major items of equipment, supplies, and facilities
available or potentially available for responding to a
natural disaster, act of terrorism, or other man-made
disaster;
(12) the term ``surge capacity'' means the ability
to rapidly and substantially increase the provision of
search and rescue capabilities, food, water, medicine,
shelter and housing, medical care, evacuation capacity,
staffing (including disaster assistance employees), and
other resources necessary to save lives and protect
property during a catastrophic incident;
(13) the term ``tribal government'' means the
government of any entity described in section 2(11)(B);
and
(14) the terms ``typed'' and ``typing'' mean having
evaluated, or evaluating, respectively, a resource in
accordance with standards created under section 510.

SEC. 502. [6 U.S.C. 312] DEFINITION.

In this title, the term ``Nuclear Incident Response Team''
means a resource that includes--
(1) those entities of the Department of Energy that
perform nuclear or radiological emergency support
functions (including accident response, search
response, advisory, and technical operations
functions), radiation exposure functions at the medical
assistance facility known as the Radiation Emergency
Assistance Center/Training Site (REAC/TS), radiological
assistance functions, and related functions; and
(2) those entities of the Environmental Protection
Agency that perform such support functions (including
radiological emergency response functions) and related
functions.

SEC. 503. [6 U.S.C. 313] FEDERAL EMERGENCY MANAGEMENT AGENCY.

(a) In General.--There is in the Department the Federal
Emergency Management Agency, headed by an Administrator.
(b) Mission.--
(1) Primary mission.--The primary mission of the
Agency is to reduce the loss of life and property and
protect the Nation from all hazards, including natural
disasters, acts of terrorism, and other man-made
disasters, by leading and supporting the Nation in a
risk-based, comprehensive emergency management system
of preparedness, protection, response, recovery, and
mitigation.
(2) Specific activities.--In support of the primary
mission of the Agency, the Administrator shall--
(A) lead the Nation's efforts to prepare
for, protect against, respond to, recover from,
and mitigate against the risk of natural
disasters, acts of terrorism, and other man-
made disasters, including catastrophic
incidents;
(B) partner with State, local, and tribal
governments and emergency response providers,
with other Federal agencies, with the private
sector, and with nongovernmental organizations
to build a national system of emergency
management that can effectively and efficiently
utilize the full measure of the Nation's
resources to respond to natural disasters, acts
of terrorism, and other man-made disasters,
including catastrophic incidents;
(C) develop a Federal response capability
that, when necessary and appropriate, can act
effectively and rapidly to deliver assistance
essential to saving lives or protecting or
preserving property or public health and safety
in a natural disaster, act of terrorism, or
other man-made disaster;
(D) integrate the Agency's emergency
preparedness, protection, response, recovery,
and mitigation responsibilities to confront
effectively the challenges of a natural
disaster, act of terrorism, or other man-made
disaster;
(E) develop and maintain robust Regional
Offices that will work with State, local, and
tribal governments, emergency response
providers, and other appropriate entities to
identify and address regional priorities;
(F) under the leadership of the Secretary,
coordinate with the Commandant of the Coast
Guard, the Director of Customs and Border
Protection, the Director of Immigration and
Customs Enforcement, the National Operations
Center, and other agencies and offices in the
Department to take full advantage of the
substantial range of resources in the
Department;
(G) provide funding, training, exercises,
technical assistance, planning, and other
assistance to build tribal, local, State,
regional, and national capabilities (including
communications capabilities), necessary to
respond to a natural disaster, act of
terrorism, or other man-made disaster; and
(H) develop and coordinate the
implementation of a risk-based, all-hazards
strategy for preparedness that builds those
common capabilities necessary to respond to
natural disasters, acts of terrorism, and other
man-made disasters while also building the
unique capabilities necessary to respond to
specific types of incidents that pose the
greatest risk to our Nation.
(c) Administrator.--
(1) In general.--The Administrator shall be
appointed by the President, by and with the advice and
consent of the Senate.
(2) Qualifications.--The Administrator shall be
appointed from among individuals who have--
(A) a demonstrated ability in and knowledge
of emergency management and homeland security;
and
(B) not less than 5 years of executive
leadership and management experience in the
public or private sector.
(3) Reporting.--The Administrator shall report to
the Secretary, without being required to report through
any other official of the Department.
(4) Principal advisor on emergency management.--
(A) In general.--The Administrator is the
principal advisor to the President, the
Homeland Security Council, and the Secretary
for all matters relating to emergency
management in the United States.
(B) Advice and recommendations.--
(i) In general.--In presenting
advice with respect to any matter to
the President, the Homeland Security
Council, or the Secretary, the
Administrator shall, as the
Administrator considers appropriate,
inform the President, the Homeland
Security Council, or the Secretary, as
the case may be, of the range of
emergency preparedness, protection,
response, recovery, and mitigation
options with respect to that matter.
(ii) Advice on request.--The
Administrator, as the principal advisor
on emergency management, shall provide
advice to the President, the Homeland
Security Council, or the Secretary on a
particular matter when the President,
the Homeland Security Council, or the
Secretary requests such advice.
(iii) Recommendations to
congress.--After informing the
Secretary, the Administrator may make
such recommendations to Congress
relating to emergency management as the
Administrator considers appropriate.
(5) Cabinet status.--
(A) In general.--The President may
designate the Administrator to serve as a
member of the Cabinet in the event of natural
disasters, acts of terrorism, or other man-made
disasters.
(B) Retention of authority.--Nothing in
this paragraph shall be construed as affecting
the authority of the Secretary under this Act.

SEC. 504. [6 U.S.C. 314] AUTHORITY AND RESPONSIBILITIES.

(a) In General.--The Administrator shall provide Federal
leadership necessary to prepare for, protect against, respond
to, recover from, or mitigate against a natural disaster, act
of terrorism, or other man-made disaster, including--
(1) helping to ensure the effectiveness of
emergency response providers to terrorist attacks,
major disasters, and other emergencies;
(2) with respect to the Nuclear Incident Response
Team (regardless of whether it is operating as an
organizational unit of the Department pursuant to this
title)--
(A) establishing standards and certifying
when those standards have been met;
(B) conducting joint and other exercises
and training and evaluating performance; and
(C) providing funds to the Department of
Energy and the Environmental Protection Agency,
as appropriate, for homeland security planning,
exercises and training, and equipment;
(3) providing the Federal Government's response to
terrorist attacks and major disasters, including--
(A) managing such response;
(B) directing the Domestic Emergency
Support Team, the National Disaster Medical
System, \1\ and (when operating as an
organizational unit of the Department pursuant
to this title) the Nuclear Incident Response
Team;
---------------------------------------------------------------------------
\1\ The phrase ``, the National Disaster Medical System,'' in
subsection (a)(3)(B) probably should not appear. Section 301(c)(1) of
Public Law 109-417 (120 Stat. 2854) provides for an amendment to the
Homeland Security Act of 2002 as follows:

(1) in section 502(3)(B), by striking ``, the National
---------------------------------------------------------------------------
Disaster Medical System,''; and