I
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
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 Representa-
tives 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 NATURALIZA-
TION 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 Af-
fairs. The Associate Attorney General for Immigra-
tion 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 ex-
perience in managing a large and complex orga-
nization.
(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 Im-
migration Enforcement;
(2) shall oversee the work of, and supervise, the
Director of the Executive Office for Immigration Re-
view;
(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 Bu-
reau of Immigration Services and Adjudica-
tions; or
(D) requested by the Director of the Bu-
reau of Immigration Enforcement;
(4) shall coordinate the administration of na-
tional immigration policy, including coordinating the
operations of the Executive Office for Immigration
Review, the Bureau of Immigration Services and Ad-
judications, and the Bureau of Immigration Enforce-
ment, and reconcile conflicting policies of such office
and bureaus; and
(5) shall allocate and coordinate resources in-
volved in supporting shared support functions for
the Bureau of Immigration Services and Adjudica-
tions, 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 Immigra-
tion Services and Adjudications, the Bureau of Immigra-
tion Enforcement, and the Executive Office for Immigra-
tion 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 reso-
lution of legal issues by the Bureau of Immigration Serv-
ices and Adjudications, the Bureau of Immigration En-
forcement, and the Executive Office for Immigration Re-
view. The Legal Advisor may issue legal opinions on gen-
eral 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 Immigra-
tion Affairs.
(2) FUNCTIONS.—The Chief Financial Officer
shall be responsible for—
(A) the financial management of the Agen-
cy 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 Im-
migration Enforcement, and the Executive Of-
fice for Immigration Review; and
(C) coordinating all budget and other fi-
nancial 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 in-
volved in supporting shared support functions for the Bu-
reau of Immigration Services and Adjudications, the Bu-
reau of Immigration Enforcement, the Executive Office
for Immigration Review, and other offices within the De-
partment of Justice, including—
(1) facilities management;
(2) information resources management, includ-
ing 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 Ombuds-
man 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 Pro-
fessional Responsibility and Quality Review shall be
the Chief of the Office of Professional Responsibility
and Quality Review. The Chief of the Office of Pro-
fessional Responsibility and Quality Review shall be
responsible for—
(A) conducting investigations of non-
criminal 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 Of-
fice of the Inspector General;
(B) inspecting the operations of the Agen-
cy for Immigration Affairs and providing as-
sessments of the quality of the operations of the
agency as a whole and each of its components;
and
(C) providing an analysis of the manage-
ment 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 Immigra-
tion 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 deci-
sion;
(B) any fraud or misrepresentation associ-
ated with the decision; and
(C) the efficiency with which the decision
was rendered.
(g) EMPLOYEE
DISCIPLINE
FOR
WILLFUL
DE-
CEIT.—The Associate Attorney General for Immigration
Affairs may, notwithstanding any other provision of law,
impose disciplinary action, including termination of em-
ployment, 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 Af-
fairs, the Bureau of Immigration Services and Adjudica-
tions, the Bureau of Immigration Enforcement, and the
Executive Office of Immigration Review (including immi-
gration 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 Im-
migration 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 pro-
fessional experience in the rendering of adju-
dications on the provision of government bene-
fits or services, at least 5 of which shall have
been years of service in a managerial capacity
or in a position affording comparable manage-
ment experience.
(3) FUNCTIONS.—The Director of the Bureau
of Immigration Services and Adjudications—
(A) shall establish the policies for per-
forming 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 Immi-
gration Services and Adjudications that may af-
fect 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 Ombuds-
man to correct serious service problems identi-
fied by the Ombudsman; and
(E) shall establish procedures requiring a
formal response to any recommendations sub-
mitted in the Ombudsman’s annual report to
the Congress within 3 months after its submis-
sion to the Congress.
(b) TRANSFER OF FUNCTIONS.—
(1) FROM
COMMISSIONER.—There are trans-
ferred 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 pro-
grams, and all personnel, infrastructure, and fund-
ing 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 peti-
tions.
(C) Adjudications of asylum and refugee
applications.
(D) Adjudications performed at Service
centers.
(E) All other adjudications under the Im-
migration 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 Immigra-
tion Services and Adjudications all functions per-
formed by the Office of Special Counsel for Immi-
gration 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 effec-
tive date of this section.
(3) FROM
ASSISTANT
ATTORNEY
GENERAL,
CIVIL DIVISION.—There are transferred from the As-
sistant Attorney General, Civil Division, to the Di-
rector 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 immi-
grant and nonimmigrant visas and all personnel, in-
frastructure, 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 es-
tablished in the Bureau of Immigration Services and Ad-
judications an office to be known as the ‘‘Office of Policy
and Strategy’’. The head of the Office of Policy and Strat-
egy 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 in-
formation); and
(3) coordinating immigration policy issues with
the Office of Policy and Strategy for the Bureau of
Immigration Enforcement and the Associate Attor-
ney General for Immigration Affairs through the
Policy Advisor for the Agency for Immigration Af-
fairs, as appropriate.
(d) GENERAL COUNSEL FOR BUREAU OF IMMIGRA-
TION 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 Direc-
tor’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 employ-
ment practice proceedings before the Executive Of-
fice for Immigration Review and in other legal, judi-
cial, or administrative proceedings involving immi-
gration services issues (excluding exclusion, deporta-
tion, or removal proceedings and applications for re-
lief therefrom); and
(3) shall coordinate legal issues with the Gen-
eral Counsel for the Bureau of Immigration En-
forcement, including the issuance of joint legal opin-
ions 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 Im-
migration Affairs through the Legal Advisor for the
Agency for Immigration Affairs, as appropriate.
(e) CHIEF BUDGET OFFICER FOR BUREAU OF IMMI-
GRATION SERVICES AND ADJUDICATIONS.—There shall be
a position of Chief Budget Officer for the Bureau of Immi-
gration Services and Adjudications. The Chief Budget Of-
ficer shall be responsible for formulating and executing the
budget of the Bureau of Immigration Services and Adju-
dications. The Chief Budget Officer shall report to the Di-
rector of the Bureau of Immigration Services and Adju-
dications and shall provide information to, and coordinate
resolution of relevant issues with, the Chief Financial Offi-
cer 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 Op-
erations 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 statis-
tical programs. The Chief of the Office of Operations Sta-
tistics shall be responsible for compiling and disseminating
the daily operational statistics of the Bureau of Immigra-
tion Services and Adjudications.
(g) OFFICE
OF CONGRESSIONAL, INTERGOVERN-
MENTAL, AND PUBLIC AFFAIRS.—There is established in
the Bureau of Immigration Services and Adjudications an
office to be known as the ‘‘Office of Congressional, Inter-
governmental, and Public Affairs’’. The head of such of-
fice shall be the Chief of the Office of Congressional,
Intergovernmental, and Public Affairs. The Chief shall be
responsible for—
(1) providing information relating to immigra-
tion 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 lo-
cated 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 direc-
tors 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 Bu-
reau of Immigration Services and Adjudications in car-
rying 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 out-
side 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 direc-
tors shall remain accountable to, and receive their author-
ity from, the Director of the Bureau of Immigration Serv-
ices and Adjudications, in order to ensure consistent appli-
cation and implementation of policies nationwide.
(j) SERVICE CENTERS.—Headed by service center di-
rectors, field offices shall be responsible for assisting the
Director of the Bureau of Immigration Services and Adju-
dications in carrying out the Director’s functions that can
be effectively carried out at remote locations. Service cen-
ter 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 en-
sure 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 Di-
rector’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 docu-
ment 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 Of-
fice of the Ombudsman established under section 3—
(B) shall contain a summary of the most
pervasive and serious problems encountered by
individuals and employers, including a descrip-
tion 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 dur-
ing which each item has remained on such in-
ventory, the reasons for the inaction, and iden-
tify 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 encoun-
tered 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 Immigra-
tion Affairs, any other officer or employee of the De-
partment 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 Adjudica-
tions officers and employees outlining the criteria for
referral of inquiries to local offices of the Ombuds-
man;
(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 em-
ployee of any local office of the Ombudsman de-
scribed in subparagraph (A).
(2) CONSULTATION.—The Ombudsman may
consult with the appropriate supervisory personnel of
the Bureau of Immigration Services and Adjudica-
tions in carrying out the Ombudsman’s responsibil-
ities under this subsection.
(e) RESPONSIBILITIES OF BUREAU OF IMMIGRATION
SERVICES AND ADJUDICATIONS.—The Director of the Bu-
reau of Immigration Services and Adjudications shall es-
tablish procedures requiring a formal response to all rec-
ommendations submitted to such director by the Ombuds-
man 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 del-
egate thereof;
(B) may consult with the appropriate su-
pervisory personnel of the Bureau of Immigra-
tion Services and Adjudications regarding the
daily operation of the local office of such om-
budsman;
(C) shall, at the initial meeting with any
individual or employer seeking the assistance of
such local office, notify such individual or em-
ployer that the local offices of the Ombudsman
operate independently of any other component
in the Agency for Immigration Affairs and re-
port directly to the Congress through the Om-
budsman; 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 indi-
vidual or employer.
(2) MAINTENANCE OF INDEPENDENT COMMU-
NICATIONS.—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 Adjudica-
tions, or any component of the Bureau of Immigra-
tion Services and Adjudications.
SEC. 6. ESTABLISHMENT OF BUREAU OF IMMIGRATION EN-
FORCEMENT.
(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 Enforce-
ment’’.
(2) DIRECTOR.—The head of the Bureau of Im-
migration 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 pro-
fessional 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 per-
forming 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 Immi-
gration Enforcement that may affect the Bu-
reau of Immigration Services and Adjudica-
tions, or the Executive Office for Immigration
Review, including potentially conflicting policies
or operations.
(b) TRANSFER OF FUNCTIONS.—
(1) FROM
COMMISSIONER.—There are trans-
ferred 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 im-
mediately 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 En-
forcement all functions performed by the Office of
Special Investigations and all personnel, infrastruc-
ture, and funding provided to the Assistant Attorney
General, Criminal Division, in support of the Office
of Special Investigations immediately before the ef-
fective date of this section.
(3) FROM
ASSISTANT
ATTORNEY
GENERAL,
CIVIL DIVISION.—There are transferred from the As-
sistant Attorney General, Civil Division, to the Di-
rector 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, de-
portation, and removal;
(B) Denials of relief from exclusion, depor-
tation, and removal;
(C) Petitions seeking review of employer
sanctions;
(D) Habeas corpus actions filed by aliens
seeking release from detention or to block de-
portation or removal;
(E) Appeals from district court immigra-
tion decisions;
(F) Suits challenging immigration policy
and enforcement actions by the Attorney Gen-
eral; and
(G) all personnel, infrastructure, and fund-
ing provided to the Assistant Attorney General,
Civil Division, in support of those functions im-
mediately before the effective date of this sec-
tion.
(c) OFFICE OF POLICY AND STRATEGY.—There is es-
tablished 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 consulta-
tion with Bureau of Immigration Enforcement personnel
in field offices, the Chief of the Office of Policy and Strat-
egy shall be responsible for—
(1) establishing national immigration enforce-
ment 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 As-
sociate Attorney General for Immigration Affairs
through the Policy Advisor for the Office of the As-
sociate Attorney General for Immigration Affairs, as
appropriate.
(d) GENERAL COUNSEL FOR THE BUREAU OF IMMI-
GRATION ENFORCEMENT.—There shall be a position of
General Counsel for the Bureau of Immigration Enforce-
ment. 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 compo-
nents transferred under this section;
(2) shall represent the Bureau in all exclusion,
deportation, and removal proceedings before the Ex-
ecutive Office for Immigration Review, including in
proceedings to adjudicate relief from exclusion, de-
portation and removal, and in other legal, judicial,
or administrative proceedings involving immigration
enforcement issues; and
(3) shall coordinate legal issues with the Gen-
eral Counsel for the Bureau of Immigration Services
and Adjudications, including the issuance of joint
legal opinions where more than the Bureau of Immi-
gration Enforcement is affected, the General Coun-
sel 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 respon-
sible for formulating and executing the budget of the Bu-
reau of Immigration Enforcement. The Chief Budget Offi-
cer shall report to the Director of the Bureau of Immigra-
tion Enforcement and shall provide information to, and
coordinate resolution of relevant issues with, the Chief Fi-
nancial 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 re-
sponsible for compiling and disseminating the daily oper-
ational statistics of the Bureau of Immigration Enforce-
ment.
(g) OFFICE
OF CONGRESSIONAL, INTERGOVERN-
MENTAL, 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 immigra-
tion enforcement to the Congress, including informa-
tion on specific cases relating to immigration en-
forcement;
(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 lo-
cated in appropriate geographic locations, sectors of the
Bureau of Immigration Enforcement shall be responsible
for directing all aspects of the Bureau of Immigration En-
forcement’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 direc-
tor, 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 Enforce-
ment. 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 loca-
tion where there is situated a field office of the Bureau
of Immigration Services and Adjudications.
(j) BORDER PATROL SECTORS.—Headed by chief pa-
trol agents, who may be assisted by deputy chief patrol
agents, these offices shall be responsible for the enforce-
ment 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 an-
other 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 discre-
tion, 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 per-
taining 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 offi-
cial to whom a function is transferred by this Act may,
for purposes of performing the function, exercise all au-
thorities under any other provision of law that were avail-
able 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, agree-
ments, recognition of labor organizations, certificates, li-
censes, and privileges—
(1) that have been issued, made, granted, or al-
lowed to become effective by the President, the At-
torney General, the Commissioner of the Immigra-
tion and Naturalization Service, their delegates, or
any other Government official, or by a court of com-
petent jurisdiction, in the performance of any func-
tion 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 author-
ized official, a court of competent jurisdiction, or operation
of law.
(b) PROCEEDINGS.—Sections 4 and 6 and this sec-
tion shall not affect any proceedings or any application
for any benefit, service, license, permit, certificate, or fi-
nancial assistance pending on the effective date specified
in section 17(a) before an office whose functions are trans-
ferred by this Act, but such proceedings and applications
shall be continued. Orders shall be issued in such pro-
ceedings, 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 pro-
ceeding 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 ex-
tent that such proceeding could have been discontinued
or modified if this section had not been enacted.
(c) SUITS.—This Act shall not affect suits com-
menced 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 Depart-
ment of Justice or the Immigration and Naturalization
Service, or by or against any individual in the official ca-
pacity of such individual as an officer or employee in con-
nection with a function transferred by this section, shall
abate by reason of the enactment of this Act.
(e) CONTINUANCE OF SUITS.—If any Government of-
ficer 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, sub-
stituted or added as a party.
(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. 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, con-
tracts, property, records, and unexpended balance of ap-
propriations, 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 Pro-
cedures 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 oth-
erwise expressly prohibited by law or otherwise provided
in this Act, of the Associate Attorney General for Immi-
gration Affairs, the Director of the Bureau of Immigration
Services and Adjudications, and the Director of the Bu-
reau 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 em-
ployees 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 At-
torney General (or a delegate of the Attorney General),
at such time or times as the Attorney General (or the dele-
gate) 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 disposi-
tions of personnel, assets, liabilities, grants, contracts,
property, records, and unexpended balances of appropria-
tions, 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 Gen-
eral shall provide for such further measures and disposi-
tions 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 Bu-
reau 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 pro-
ceeding); 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 Im-
migration 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 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. 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 fol-
lowing chapter:
‘‘CHAPTER 
96—PERSONNEL 
FLEXIBILI-
TIES 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.
‘‘§ 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 prin-
ciples 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 sec-
tion 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 Of-
fice requires in carrying out its responsibilities under this
section.
‘‘(c) Employees within a unit to which a labor organi-
zation is accorded exclusive recognition under chapter 71
shall not be subject to any flexibility provided by sections
9602 through 9604.
‘‘§ 9602. Pay authority for critical positions
‘‘(a) When the Attorney General seeks a grant of au-
thority 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 receiv-
ing 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.
‘‘§ 9603. Streamlined critical pay authority
‘‘(a) Notwithstanding section 9602, and without re-
gard 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, des-
ignated 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 profes-
sional field; and
‘‘(B) are critical to the Agency for Immi-
gration Affairs’ successful accomplishment of
an important mission;
‘‘(2) exercise of the authority is necessary to re-
cruit or retain an individual exceptionally well quali-
fied for the position;
‘‘(3) the number of such positions does not ex-
ceed 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 em-
ployees of the Immigration and Naturalization Serv-
ice, the Executive Office for Immigration Review,
the Office of Immigration Litigation of the Civil Di-
vision, the Office of Special Counsel for Immigration
Related Unfair Employment Practices of the Civil
Rights Division, or the Office of Special Investiga-
tions of the Criminal Division prior to the date of
the enactment of this Act;
‘‘(7) total annual compensation for any ap-
pointee to such positions does not exceed the highest
total annual compensation payable at the rate deter-
mined 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 sub-
chapter II of chapter 75.
‘‘§ 9604. Recruitment, retention, relocation incen-
tives, 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 reten-
tion 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 posi-
tion 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 fol-
lowing:
‘‘96. Personnel flexibilities relating to the Agency for Immigration
Affairs ..............................................................................................
9601’’.
(c) VOLUNTARY
SEPARATION
INCENTIVE
PAY-
MENTS.—
(1) DEFINITION.—In this subsection, the term
‘‘employee’’ means an employee (as defined by sec-
tion 2105 of title 5, United States Code) who is em-
ployed by the Agency for Immigration Affairs serv-
ing 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 sub-
chapter 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 eli-
gible for disability retirement under the applica-
ble retirement system referred to in subpara-
graph (A);
(C) an employee who is in receipt of a spe-
cific notice of involuntary separation for mis-
conduct 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 re-
ceived any voluntary separation incentive pay-
ment by the Federal Government under this
section or any other authority and has not re-
paid such payment;
(F) an employee covered by statutory re-
employment rights who is on transfer to an-
other 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 pre-
ceding the date of separation, received a reten-
tion 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 recogni-
tion under chapter 71.
(2) AUTHORITY TO PROVIDE VOLUNTARY SEPA-
RATION INCENTIVE PAYMENTS.—
(A) IN GENERAL.—The Associate Attorney
General for Immigration Affairs may pay vol-
untary separation incentive payments under
this section to any employee to the extent nec-
essary 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
PAY-
MENTS.—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 enti-
tled 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 volun-
tarily 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 computa-
tion, of any other type of Government ben-
efit; 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 separa-
tion.
(3) ADDITIONAL AGENCY FOR IMMIGRATION AF-
FAIRS
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 Immigra-
tion Affairs shall remit to the Office of Per-
sonnel 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 sub-
chapter 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 con-
tract, 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 employ-
ment, the entire amount of the incentive payment to
the Agency for Immigration Affairs.
(5) EFFECT ON EMPLOYMENT LEVELS.—
(A) INTENDED EFFECT.—Voluntary sepa-
rations under this subsection are not intended
to necessarily reduce the total number of full-
time equivalent positions in the Agency for Im-
migration Affairs.
(B) USE OF VOLUNTARY SEPARATIONS.—
The Agency for Immigration Affairs may rede-
ploy or use the full-time equivalent positions va-
cated by voluntary separations under this sub-
section to make other positions available to
more critical locations or more critical occupa-
tions.
SEC. 12. MISCELLANEOUS PROVISIONS.
Notwithstanding the Federal Property and Adminis-
trative Services Act of 1949 (40 U.S.C. 471 et seq.), the
Attorney General is authorized to expend from the appro-
priation 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 Immigra-
tion Affairs under this Act.
SEC. 13. AUTHORIZATION OF APPROPRIATIONS; PROHIBI-
TION ON TRANSFER OF FEES; SENSE OF CON-
GRESS.
(a) AUTHORIZATION OF APPROPRIATIONS FOR TRAN-
SITION.—
(1) IN GENERAL.—There are authorized to be
appropriated such sums as may be necessary to ef-
fect the abolition of the Immigration and Natu-
ralization 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 natu-
ralization functions that is made necessary by this
Act.
(2) AVAILABILITY OF FUNDS.—Amounts appro-
priated under paragraph (1) shall remain available
until expended.
(3) TRANSITION ACCOUNT.—
(A) ESTABLISHMENT.—There is estab-
lished in the general fund of the Treasury of
the United States a separate account, which
shall be known as the ‘‘Immigration Reorga-
nization Transition Account’’ (in this paragraph
referred to as the ‘‘Account’’).
(B) USE OF ACCOUNT.—There shall be de-
posited into the Account all amounts appro-
priated under paragraph (1).
(C) 
ADVANCED
AVAILABILITY
OF
FUNDS.—To the extent provided in appropria-
tions Acts, funds in the Account shall be avail-
able 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 En-
forcement, 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 re-
spective functions, the Director of the Office of Man-
agement and Budget shall separate the budget re-
quests for each such entity.
(3) FEES.—Fees imposed for a particular serv-
ice, 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 Serv-
ices and Adjudications, the Bureau of Immigration
Enforcement, and the Executive Office for Immigra-
tion Review for purposes not authorized by section
286 of the Immigration and Nationality Act.
(5) ESTABLISHMENT OF FEES FOR ADJUDICA-
TION
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 with-
out charge to asylum applicants or other immi-
grants.’’ and inserting ‘‘services.’’.
(c) SENSE OF CONGRESS.—It is the sense of the Con-
gress that—
(1) the missions of both the Bureau of Immi-
gration 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 im-
migration enforcement functions referred to in sec-
tion 6 should operate at levels below that in exist-
ence prior to the enactment of this Act.
(d) AUTHORIZATION OF APPROPRIATIONS FOR BACK-
LOG REDUCTION.—There are authorized to be appro-
priated 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 sec-
tion 214 of such Act;
(4) applications for immigrant visas under sec-
tion 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 Appropria-
tions 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, appropria-
tions, 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 Gen-
eral, not later than 120 days after the date of the enact-
ment of this Act, shall submit to the Committees on Ap-
propriations and the Judiciary of the House of Represent-
atives and of the Senate a report on the proposed division
of personnel among the components of the Agency for Im-
migration 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 Ap-
propriations and the Judiciary of the House of Rep-
resentatives 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 Af-
fairs, 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 func-
tions, including authorizing the Directors of the
Bureau of Immigration Services and Adjudica-
tions, the Bureau of Immigration Enforcement,
and the Executive Office for Immigration Re-
view to approve training curricula and to ac-
quire 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 ac-
counts and financial management systems for
the Bureau of Immigration Services and Adju-
dications, the Bureau of Immigration Enforce-
ment, and the Executive Office for Immigration
Review and to implement all provisions of sec-
tion 13(b).
(F) Fraud detection and investigation.
(G) The processing and handling of re-
moval proceedings, including expedited removal
and applications for relief from removal.
(H) 
Recommendations 
for 
conforming
amendments to the Immigration and Nation-
ality Act.
(I) Establishment of a transition team.
(J) Ways to phase in the costs of sepa-
rating 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 Im-
migration Enforcement, and the Executive Of-
fice for Immigration Review in instances where
separate systems are more efficient or effective.
(d) REPORT
ON IMPROVING IMMIGRATION SERV-
ICES.—
(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 Ju-
diciary and Appropriations of the House of Rep-
resentatives and of the Senate a report containing a
plan for how the Director of the Bureau of Immigra-
tion Services and Adjudications will complete effi-
ciently, fairly, and within a reasonable time, the ad-
judications 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 qual-
ity of the adjudication.
(B) The goal for processing time with re-
spect to the application.
(C) Any statutory modifications with re-
spect to the adjudication that the Attorney
General considers advisable.
(3) CONSULTATION.—In carrying out para-
graph (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 Enforce-
ment, and the Director of the Executive Office for
Immigration Review to determine how to streamline
and improve the process for applying for and mak-
ing adjudications described in section 4(b)(1) and
related processes.
(e) REPORT ON IMPROVING ENFORCEMENT FUNC-
TION.—
(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 Appro-
priations and the Judiciary of the House of Rep-
resentatives and of the Senate a report with a plan
detailing how the Bureau of Immigration Enforce-
ment, after the transfer of functions performed
under the programs described in subparagraphs (A)
through (E) of section 6(b)(1), will enforce com-
prehensively, effectively, and fairly all the enforce-
ment provisions of the Immigration and Nationality
Act relating to such programs.
(2) CONSULTATION.—In carrying out para-
graph (1), the Attorney General shall consult with
the Secretary of State, the Director of the Federal
Bureau of Investigation, the Secretary of the Treas-
ury, 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 Direc-
tor of the Executive Office for Immigration Review,
and the heads of State and local law enforcement
agencies to determine how to most effectively con-
duct 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 Adjudica-
tions, the Bureau of Immigration Enforcement, and the
Executive Office for Immigration Review. The report
should address whether it would be more efficient to trans-
fer the functions described in paragraphs (1) through (4)
of section 3(d) to the Director of the Bureau of Immigra-
tion Services and Adjudications, the Director of the Bu-
reau of Immigration Enforcement, and the Director of the
Executive Office for Immigration Review, and shall in-
clude an estimate of the cost of such transfers.
(g) COMPTROLLER GENERAL STUDIES
AND RE-
PORTS.—
(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 trans-
fer 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 com-
pleted, an identification of any issues that have
arisen due to the completed transfer of func-
tions.
(C) An identification of any issues that
may arise due to the future transfer of func-
tions.
(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 Natu-
ralization Service, the Office of Immigration
Litigation of the Civil Division, and the Office
of Special Counsel for Immigration Related Un-
fair 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 Serv-
ice, the Office of Immigration Litigation of the
Civil Division, and the Office of Special Inves-
tigations 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 account-
ability and communication.
(iii) Financial administration.
(iv) Recordkeeping, including informa-
tion management and technology.
(B) A statement of the reasons for the de-
terminations under subparagraph (A).
(C) Any recommendations for further im-
provements to the Agency for Immigration Af-
fairs.
SEC. 
15. 
APPLICATION 
OF 
INTERNET 
BASED 
TECH-
NOLOGIES.
(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 Tech-
nology Advisory Committee established under subsection
(c), shall establish an Internet-based system, that will per-
mit 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 in-
formation about the processing status of the filing in-
volved.
(b) FEASIBILITY STUDY FOR ON-LINE FILING AND
IMPROVED PROCESSING.—
(1) ON-LINE FILING.—The Attorney General,
in consultation with the Technology Advisory Com-
mittee established under subsection (c), shall con-
duct 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 relat-
ing to the immigration services and processing of fil-
ings 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 Advi-
sory 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 estab-
lished 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 estab-
lishing and implementing the system in an expedi-
tious manner, and representatives of persons who
may use the tracking system described in subsection
(a) and the on-line filing system described in sub-
section (b)(1).
SEC. 16. DEFINITIONS.
For purposes of this Act:
(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.
SEC. 17. EFFECTIVE DATE; TRANSITION.
(a) IN GENERAL.—The abolishment of the Immigra-
tion and Naturalization Service, the establishment of the
Agency for Immigration Affairs, and the transfers of func-
tions 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 Immi-
gration 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 Un-
fair 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 en-
tities to the appropriate component of the Agency for Im-
migration 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 Immi-
gration Affairs is authorized to perform the functions de-
scribed 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 Enforce-
ment.
SEC. 18. CONFORMING AMENDMENT.
Section 5315 of title 5, United States Code, is
amended by striking the following:
‘‘Commissioner of Immigration and Naturaliza-
tion, Department of Justice.’’.
Æ