(f) ADMINISTRATIVE PROCEDURE AND JUDICIAL RE-
VIEW.—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. 105. TRANSFER AND ALLOCATION OF APPROPRIA-
TIONS AND PERSONNEL.
(a) IN GENERAL.—The personnel of the Department
of Justice employed in connection with the functions
transferred by this section (and functions that the Attor-
ney General determines are properly related to the func-
tions of the Bureau and would, if so transferred, further
the purposes of the Bureau), 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 Naturaliza-
tion Service in connection with the functions transferred
by this Act, subject to section 202 of the Budget and Ac-
counting Procedures Act of 1950, shall be transferred to
the Bureau for appropriate allocation by the Director. Un-
expended 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 retain the right to adjust or realign transfers
of funds and personnel effected pursuant to this Act.
(b) EFFECT ON PERSONNEL.—
(1) EFFECT ON INDIVIDUAL EMPLOYEES.—The
transfer under this Act of full-time personnel (except
special Government employees) and part-time per-
sonnel holding permanent positions shall not cause
any such employee to be separated or reduced in
grade or compensation for 1 year after the date of
transfer to the Bureau.
(2) COMPENSATION LEVELS.—All transfers of
personnel under this Act shall be consistent with em-
ployee pay and grade retention entitlement under
subchapter VI of chapter 53 of title 5, United States
Code, and shall not be reduced for any individual in
a career position in the civil service, as of the date
of the enactment of this Act.
(3) SENIOR
EXECUTIVE
SERVICE.—A person
who, on the day preceding the effective date in sec-
tion 401(a), holds a career Senior Executive Service
position in the Immigration and Naturalization
Service shall be appointed, without a break in serv-
ice, to a similar or like position in the Bureau if the
person meets the minimum qualifications of such po-
sition.
(4) ADOPTION
OF
EXISTING
LABOR
AGREE-
MENTS.—The National Immigration Bureau shall
adopt all labor agreements which are in effect, as of
the day before the effective date in section 401(a),
with respect to the Immigration and Naturalization
Service. Each such agreement shall remain in effect
for the 2-year period commencing on such date, un-
less the agreement provides for a shorter duration or
the parties agree otherwise before such period ends.
(c) NUMBER OF AUTHORIZED PERSONNEL.—Noth-
ing in this Act shall be interpreted to decrease the number
of authorized positions within each program as it exists
on the date of the enactment of this Act in the Immigra-
tion and Naturalization Service.
(d) DELEGATION AND ASSIGNMENT.—Except as oth-
erwise expressly prohibited by law or otherwise provided
in this Act, the Director may delegate any of the functions
so transferred to such officers and employees of the Bu-
reau as such Director may designate, and may authorize
successive redelegations of such functions as may be nec-
essary 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.
(e) AUTHORITIES OF ATTORNEY GENERAL.—
(1) INCIDENTAL
TRANSFERS.—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 determina-
tions as may be necessary with regard to the func-
tions transferred by this Act, and to make such ad-
ditional incidental dispositions of personnel, assets,
liabilities, grants, contracts, property, records, and
unexpended balances of appropriations, authoriza-
tions, allocations, and other funds held, used, arising
from, available to, or to be made available in connec-
tion 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.
(2) TREATMENT OF SHARED RESOURCES.—The
Attorney General shall provide for an appropriate al-
location, or coordination, or both, of resources in-
volved in supporting shared support functions for
the Bureau and other offices within the Department
of Justice. Such shared support functions may in-
clude information resources management, human re-
sources and training, security, records and forms
management, equal opportunity activities, and facili-
ties and procurement administration. The Attorney
General, through the Justice Management Division,
shall maintain oversight and control over the shared
computer databases and systems and records man-
agement.
SEC. 106. 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 Depart-
ment Basic Authorities Act of 1956, the Immigration and
Nationality Act, or any other Act to investigate illegal
passport or visa issuance or use.
SEC. 107. IMPLEMENTATION PLAN.
(a) IN GENERAL.—The Attorney General, not later
than one year after the date of the enactment of this Act,
shall submit to the Committees on the Judiciary of the
House of Representatives and of the Senate an implemen-
tation plan that details, consistent with this Act, an orga-
nizational structure for the National Immigration Bureau
at the national and local levels. Such structure shall en-
sure accountability by, and coordination among, the offices
of the Bureau. The plan shall address the severe manage-
ment problems within the Immigration and Naturalization
Service on the date of the enactment of this Act by includ-
ing provisions that will prevent these problems from being
perpetuated within the National Immigration Bureau. The
plan shall also address the issues of chain of command,
shared services, file and data management and oversight,
financial management systems, fraud detection and inves-
tigation, and establishment of a transition team.
(b) CONSULTANT.—The Attorney General shall enter
into a contract with a private entity specializing in man-
agement consulting requiring the entity to conduct a study
of the management problems within the Immigration and
Naturalization Service and to issue a report containing
recommendations that will prevent these problems from
being perpetuated within the National Immigration Bu-
reau.
SEC. 108. DEFINITIONS.
For purposes of this title:
(1) The term ‘‘function’’ includes any duty, ob-
ligation, power, authority, responsibility, right, privi-
lege, activity, or program.
(2) The term ‘‘office’’ includes any office, ad-
ministration, agency, bureau, institute, council, unit,
organizational entity, or component thereof.
TITLE II—AMENDMENTS TO IM-
MIGRATION 
AND 
NATION-
ALITY ACT
SEC. 201. REMOVAL OF CERTAIN LIMITATIONS ON ELIGI-
BILITY FOR ADJUSTMENT OF STATUS UNDER
SECTION 245(i).
Section 245(i)(1) of the Immigration and Nationality
Act (8 U.S.C. 1255(i)(1)) is amended by striking ‘‘(i)(1)’’
through ‘‘The Attorney General’’ and inserting the fol-
lowing:
‘‘(i)(1) Notwithstanding the provisions of subsections
(a) and (c) of this section, an alien physically present in
the United States who—
‘‘(A) entered the United States without inspec-
tion; or
‘‘(B) is within one of the classes enumerated in
subsection (c) of this section;
may apply to the Attorney General for the adjustment of
his or her status to that of an alien lawfully admitted for
permanent residence. The Attorney General’’.
SEC. 202. USE OF FEES FOR PROVIDING ADJUDICATION
AND NATURALIZATION SERVICES.
(a) FINDING.—The Congress finds that the policy of
the United States is generally to fund naturalization ac-
tivities under title III of the Immigration and Naturaliza-
tion Act (8 U.S.C. 1401 et seq.) through the appropriation
of sums under appropriations Acts.
(b) PROHIBITION ON IMPOSITION OF FEES ON ASY-
LUM OR REFUGEE APPLICANTS.—
(1) REFUGEES.—Section 207(c) of the Immi-
gration and Nationality Act (8 U.S.C. 1157(c)) is
amended by adding at the end the following:
‘‘(5) The Attorney General may not impose a fee on
an alien applying for admission as a refugee, or as a
spouse or child accompanying or following to join such a
refugee, in accordance with this section.’’.
(2) ASYLUM.—Section 208(a) of the Immigra-
tion and Nationality Act (8 U.S.C. 1158(a)) is
amended by adding at the end the following:
‘‘(4) PROHIBITION ON IMPOSITION OF FEE.—
The Attorney General may not impose a fee on an
alien applying for asylum in accordance with this
section or section 235(b), or a spouse or child apply-
ing to accompany or follow to join an alien granted
asylum under subsection (b).’’.
(c) TREATMENT OF FEES FOR ADJUDICATION AND
NATURALIZATION SERVICES.—Subsections (m), (n), (o),
and (p) of section 286 of the Immigration and Nationality
Act (8 U.S.C. 1356) are amended to read as follows:
‘‘(m) ADJUDICATION AND NATURALIZATION FEES.—
(1) Notwithstanding any other provisions of law except
subsection (n), all immigration adjudication and natu-
ralization fees as are designated by the Attorney General
in regulations shall be deposited as offsetting receipts into
one of the accounts established by this subsection, whether
collected directly by the Attorney General or through
clerks of courts, except that—
‘‘(A) all fees received by the Attorney General
from applicants residing in the Virgin Islands of the
United States and in Guam, under this subsection
shall be paid over to the treasury of the Virgin Is-
lands and to the treasury of Guam; and
‘‘(B) fees for providing immigration adjudica-
tion and naturalization services shall be set at a level
that, taking into account the appropriations to carry
out these activities, is not higher than the amount
necessary to recover any balance of the cost of pro-
viding such services that is not funded through such
appropriations (including, subject to subsection (o),
the costs of similar services provided without charge
to applicants for admission as a refugee, asylum ap-
plicants, or other immigrants).
‘‘(2) Except as provided in paragraph (1), naturaliza-
tion fees that are subject to paragraph (1) and are im-
posed due to a lack of appropriated amounts shall be de-
posited as offsetting receipts into a separate account enti-
tled ‘Naturalization Fee Account’ in the Treasury of the
United States, and shall remain available until expended
to the Attorney General to reimburse any appropriation
the amount paid out of such appropriation for expenses
in providing naturalization services. Notwithstanding the
preceding sentence, deposits into such account may not
be expended for the costs of providing naturalization serv-
ices, unless the Attorney General determines, in the Attor-
ney General’s discretion, that the appropriation to carry
out these activities is inadequate to fully fund them.
‘‘(3) Except as provided in paragraph (1), immigrant
and nonimmigrant petition fees (excluding any fee col-
lected at a port of entry) that are subject to paragraph
(1) shall be deposited as offsetting receipts into a separate
account entitled ‘Immigrant and Nonimmigrant Fee Ac-
count’ in the Treasury of the United States, and shall re-
main available until expended to the Attorney General to
reimburse any appropriation the amount paid out of such
appropriation for expenses in providing services in connec-
tion with petitions for immigrant or nonimmigrant status.
‘‘(4) Except as provided in paragraph (1), fees col-
lected by the Attorney General at a port of entry that are
subject to paragraph (1) shall be deposited as offsetting
receipts into a separate account entitled ‘Admission Fee
Account’ in the Treasury of the United States, and shall
remain available until expended to the Attorney General
to reimburse any appropriation the amount paid out of
such appropriation for expenses in providing immigration
inspection and adjudication services at ports of entry.
‘‘(5) Except as provided in paragraph (1), all other
immigration adjudication fees that are subject to para-
graph (1) shall be deposited as offsetting receipts into a
separate account entitled ‘Miscellaneous Adjudication Fee
Account’ in the Treasury of the United States, and shall
remain available until expended to the Attorney General
to reimburse any appropriation the amount paid out of
such appropriation for expenses in providing immigration
adjudication services that are not described in paragraphs
(2) through (4).
‘‘(n) SPECIAL RULE FOR SECTION 245(i).—Fees re-
mitted under section 245(i) shall be deposited as offsetting
receipts into a separate account entitled ‘245(i) Applica-
tion Fee Account’ in the Treasury of the United States,
and shall remain available until expended to the Attorney
General to reimburse any appropriation the amount paid
out of such appropriation for functions performed by the
Office of Immigration Adjudications of the National Immi-
gration Bureau.
‘‘(o) SPECIAL RULE FOR SERVICES PROVIDED WITH-
OUT CHARGE.—Deposits into any account established
under subsection (m) or (n) may not be expended for the
costs of providing immigration adjudication and natu-
ralization services without charge to applicants for admis-
sion as a refugee, asylum applicants, or other immigrants,
unless the Attorney General determines, in the Attorney
General’s discretion, that the appropriation to carry out
these activities is inadequate to fully fund them.
‘‘(p) PROHIBITED USES OF FEES; ACCOUNTING FOR
FEES.—(1) Deposits into any account established under
subsection (m) or (n) may not be expended for—
‘‘(A) safeguarding or accounting for fees depos-
ited in, or funds reimbursed from, any such account;
or
‘‘(B) capital investments, facilities, technology
development, data or communications infrastructure,
oversight, audits, or functions of the Inspector Gen-
eral.
‘‘(2) The Attorney General shall prepare and submit
annually to Congress statements of financial condition of
each of the accounts established under subsections (m)
and (n), including beginning account balance, revenues,
withdrawals, and ending account balance and projections
for the ensuing fiscal year.’’.
(d) CONFORMING AMENDMENTS.—
(1) SECTION 245(i).—Section 245(i) of the Im-
migration and Nationality Act (8 U.S.C. 1255(i)) is
amended by striking paragraph (3).
(2) SECTION 286(r).—Section 286(r)(2) of the
Immigration 
and 
Nationality 
Act 
(8 
U.S.C.
1356(r)(2)) is amended by striking ‘‘Justice, and
amount described in section 245(i)(3)(b).’’ and in-
serting ‘‘Justice.’’.
TITLE 
III—GENERAL 
POLICY
AGAINST DETENTION OF ASY-
LUM SEEKERS
SEC. 301. ALTERNATIVES TO DETENTION OF ASYLUM
SEEKERS.
(a) FINDING.—The Congress finds that the policy of
the United States is generally not to detain asylum seekers
who have established a credible fear of persecution.
(b) DEVELOPMENT OF ALTERNATIVES TO DETEN-
TION.—In consultation with private nonprofit voluntary
agencies with expertise in meeting the legal, spiritual, cul-
tural, and psychological needs of asylum seekers, the At-
torney General shall develop alternatives to detention, and
procedures to ensure their maximum feasible use, that
shall at a minimum take into account specific alternatives
to the detention of asylum seekers, including—
(1) unsupervised release from detention, includ-
ing the Asylum Pre-Screening Officer Program, as
defined in the Immigration and Naturalization Serv-
ice Memorandum of April 20, 1992;
(2) for individuals not otherwise qualified for
release under paragraph (1), parole supervised by
private nonprofit voluntary agencies with expertise
in meeting the legal, spiritual, cultural, and psycho-
logical needs of asylum seekers;
(3) for individuals not otherwise qualified for
release under paragraph (1) or (2), non-secure shel-
ter care or group homes supervised by private non-
profit voluntary agencies with expertise in meeting
the legal, spiritual, cultural, and psychological needs
of asylum seekers; and
(4) noninstitutional settings for minors, such as
foster care or group homes, especially for those with
special needs, those age 14 and under, and those in
long-term custody of the Attorney General.
(c) PROHIBITION RELATING TO MINORS.—The pro-
cedures developed by the Attorney General under sub-
section (b) shall prohibit detention of minors in adult fa-
cilities or facilities housing delinquent minors (except in
the case of an alien who is inadmissible or deportable by
reason of having committed a criminal offense).
(d) ALTERNATIVES
TO DETENTION
IN CRIMINAL
SETTING.—In the case of an asylum seeker not otherwise
qualified for release under paragraph (1) or (2) of sub-
section (b), for whom the alternatives specified in para-
graphs (3) and (4) of subsection (b) are not appropriate,
and who is not inadmissible or deportable by reason of
having committed a criminal offense, the procedures devel-
oped by the Attorney General under subsection (b) shall
include alternatives to detention in detention facilities
used for the incarceration of persons convicted of a crimi-
nal offense.
(e) DEFINITIONS.—In this section:
(1) The term ‘‘asylum seeker’’ means any appli-
cant for asylum under section 208 of the Immigra-
tion and Nationality Act (8 U.S.C. 1158) or any
alien who indicates an intention to apply for asylum
under that section and who has been found by an
asylum officer to have a credible fear of persecution.
(2) The term ‘‘credible fear of persecution’’ has
the 
meaning 
given 
the 
term 
in 
section
235(b)(1)(B)(v) of the Immigration and Nationality
Act (8 U.S.C. 1225(b)(1)(B)(v)).
TITLE IV—GENERAL
PROVISIONS
SEC. 401. EFFECTIVE DATES.
(a) NATIONAL IMMIGRATION BUREAU.—The transfer
of functions under title I shall take effect on the date that
is 2 years after the date of the enactment of this Act.
The National Immigration Bureau shall be established,
and the Director, deputy directors, and division chiefs of
such Bureau shall be appointed, not later than such effec-
tive date.
(b) REMOVAL OF LIMITATIONS ON ADJUSTMENT OF
STATUS UNDER SECTION 245(i).—The amendment made
by section 201 shall be effective as if included in the enact-
ment of the Departments of Commerce, Justice, and
State, the Judiciary, and Related Agencies Appropriations
Act, 1998 (Public Law 105–119; 111 Stat. 2440).
(c) FEES.—The amendments made by section 202
shall take effect on the date that is 2 years after the date
of the enactment of this Act and shall apply to immigra-
tion adjudication and naturalization services performed
and to related fees collected on or after such date.
(d) OTHER PROVISIONS.—The remaining provisions
of this Act shall take effect on the date of the enactment
of this Act.
Æ