H. R. 5005—74
voluntary separations under this section to make other posi-
tions available to more critical locations or more critical occupa-
tions.
SEC. 473. 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 Govern-
mental 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.
H. R. 5005—75
(g) DEFINITION.—In this section, the term ‘‘covered entity’’ has
the meaning given such term in section 472(a)(2).
SEC. 474. 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. 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. 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 Immigra-
tion Services and the Bureau of Border Security.
(b) SEPARATE BUDGETS.—To ensure that the Bureau of Citizen-
ship 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. 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 Commit-
tees on Appropriations and the Judiciary of the House of Represent-
atives 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.
H. R. 5005—76
(c) IMPLEMENTATION PLAN.—
(1) IN GENERAL.—The Secretary, not later than 120 days
after the effective date of this Act, and every 6 months there-
after 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 struc-
ture.
(B) Chain of command.
(C) Procedures for interaction among such bureaus.
(D) Fraud detection and investigation.
(E) The processing and handling of removal pro-
ceedings, 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 Citizen-
ship 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 speci-
fied under section 441 takes effect, and every 6 months there-
after, until full implementation of this subtitle has been com-
pleted, 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 func-
tions made by subtitles D and E have been completed,
and if a transfer of functions has not taken place, identi-
fying 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
H. R. 5005—77
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 manage-
ment 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. 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 fol-
lowing with respect to the period covered by the report:
(A) The aggregate number of all immigration applica-
tions and petitions received, and processed, by the Depart-
ment.
(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 peti-
tion type.
(C) The quantity of backlogged immigration applica-
tions and petitions that have been processed, the aggregate
number awaiting processing, and a detailed plan for elimi-
nating 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 griev-
ances filed with any official of the Department of Justice,
and if those grievances were resolved.
(F) Plans to address grievances and improve immigra-
tion services.
(G) Whether immigration-related fees were used con-
sistent with legal requirements regarding such use.