(2) inspecting the operations of the Bureau of
Border Security and providing assessments of the
quality of the operations of such bureau as a whole
and each of its components; and
(3) providing an analysis of the management of
the Bureau of Border Security.
SEC. 414. EMPLOYEE DISCIPLINE.
The Under Secretary for Border and Transportation
Security 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, on
any employee of the Bureau of Border Security who will-
fully deceives the Congress or agency leadership on any
matter.
SEC. 415. REPORT ON IMPROVING ENFORCEMENT FUNC-
TIONS.
(a) IN GENERAL.—The Secretary, not later than 1
year after being sworn into office, shall submit to the
Committees on Appropriations and the Judiciary of the
United States House of Representatives and of the Senate
a report with a plan detailing how the Bureau of Border
Security, after the transfer of functions specified under
section 411 takes effect, will enforce comprehensively, ef-
fectively, and fairly all the enforcement provisions of the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.)
relating to such functions.
(b) CONSULTATION.—In carrying out subsection (a),
the Secretary of Homeland Security shall consult with the
Attorney General, the Secretary of State, the Assistant
Attorney General for Citizenship and Immigration Serv-
ices, the Director of the Federal Bureau of Investigation,
the Secretary of the Treasury, the Secretary of Labor, the
Commissioner of Social Security, the Director of the Exec-
utive Office for Immigration Review, and the heads of
State and local law enforcement agencies to determine how
to most effectively conduct enforcement operations.
SEC. 416. SENSE OF CONGRESS REGARDING CONSTRUC-
TION OF FENCING NEAR SAN DIEGO, CALI-
FORNIA.
It is the sense of the Congress that completing the
14-mile border fence project required to be carried out
under section 102(b) of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1103
note) should be a priority for the Secretary.
CHAPTER 2—CITIZENSHIP AND
IMMIGRATION SERVICES
Subchapter A—Transfers of Functions
SEC. 421. ESTABLISHMENT OF BUREAU OF CITIZENSHIP
AND IMMIGRATION SERVICES.
(a) ESTABLISHMENT OF BUREAU.—
(1) IN GENERAL.—There is established in the
Department of Justice a bureau to be known as the
‘‘Bureau of Citizenship and Immigration Services’’.
(2) ASSISTANT
ATTORNEY
GENERAL.—The
head of the Bureau of Citizenship and Immigration
Services shall be the Assistant Attorney General for
Citizenship and Immigration Services, who—
(A) shall report directly to the Deputy At-
torney General; 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 Assistant Attorney Gen-
eral for Citizenship and Immigration Services—
(A) shall establish the policies for per-
forming such functions as are transferred to the
Assistant Attorney General by this section or
this Act or otherwise vested in the Assistant At-
torney General by law;
(B) shall oversee the administration of
such policies;
(C) shall advise the Deputy Attorney Gen-
eral with respect to any policy or operation of
the Bureau of Citizenship and Immigration
Services that may affect the Bureau of Border
Security of the Department of Homeland Secu-
rity, including potentially conflicting policies or
operations;
(D) shall meet regularly with the Ombuds-
man described in section 422 to correct serious
service problems identified 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.
(4) MANAGERIAL ROTATION PROGRAM.—
(A) IN GENERAL.—Not later than 1 year
after the effective date specified in section 427,
the Assistant Attorney General for Citizenship
and Immigration Services shall design and im-
plement a managerial rotation program under
which employees of such bureau holding posi-
tions involving supervisory or managerial re-
sponsibility and classified, in accordance with
chapter 51 of title 5, United States Code, as a
GS–14 or above, shall, as a condition on further
promotion—
(i) gain some experience in all the
major functions performed by such bureau;
and
(ii) work in at least one field office
and one service center of such bureau.
(B) REPORT.—Not later than 2 years after
the effective date specified in section 427, the
Attorney General shall submit a report to the
Congress on the implementation of such pro-
gram.
(5) PILOT
INITIATIVES
FOR
BACKLOG
ELIMI-
NATION.—The Assistant Attorney General for Citi-
zenship and Immigration Services is authorized to
implement innovative pilot initiatives to eliminate
any remaining backlog in the processing of immigra-
tion benefit applications, and to prevent any backlog
in the processing of such applications from recur-
ring, in accordance with section 204(a) of the Immi-
gration Services and Infrastructure Improvements
Act of 2000 (8 U.S.C. 1573(a)). Such initiatives
may include measures such as increasing personnel,
transferring personnel to focus on areas with the
largest potential for backlog, and streamlining pa-
perwork.
(b) TRANSFER
OF
FUNCTIONS
FROM
COMMIS-
SIONER.—There are transferred from the Commissioner
of Immigration and Naturalization to the Assistant Attor-
ney General for Citizenship and Immigration Services the
following functions, and all personnel, infrastructure, and
funding provided to the Commissioner in support of such
functions immediately before the effective date specified
in section 427:
(1) Adjudications of immigrant visa petitions.
(2) Adjudications of naturalization petitions.
(3) Adjudications of asylum and refugee appli-
cations.
(4) Adjudications performed at service centers.
(5) All other adjudications performed by the
Immigration and Naturalization Service immediately
before the effective date specified in section 427.
(c) CHIEF OF POLICY AND STRATEGY.—
(1) IN GENERAL.—There shall be a position of
Chief of Policy and Strategy for the Bureau of Citi-
zenship and Immigration Services.
(2) FUNCTIONS.—In consultation with Bureau
of Citizenship and Immigration Services personnel in
field offices, the Chief of Policy and Strategy shall
be responsible for—
(A) establishing national immigration serv-
ices policies and priorities;
(B) performing policy research and anal-
ysis on immigration services issues; and
(C) coordinating immigration policy issues
with the Chief of Policy and Strategy for the
Bureau of Border Security of the Department
of Homeland Security.
(d) GENERAL COUNSEL.—
(1) IN GENERAL.—There shall be a position of
General Counsel for the Bureau of Citizenship and
Immigration Services.
(2) FUNCTIONS.—The General Counsel shall
serve as the principal legal advisor to the Assistant
Attorney General for Citizenship and Immigration
Services. The General Counsel shall be responsible
for—
(A) providing specialized legal advice, opin-
ions, determinations, regulations, and any other
assistance to the Assistant Attorney General for
Citizenship and Immigration Services with re-
spect to legal matters affecting the Bureau of
Citizenship and Immigration Services; and
(B) representing the Bureau of Citizenship
and Immigration Services in visa petition ap-
peal proceedings before the Executive Office for
Immigration Review and in other legal or ad-
ministrative proceedings involving immigration
services issues.
(e) CHIEF BUDGET OFFICER.—
(1) IN GENERAL.—There shall be a position of
Chief Budget Officer for the Bureau of Citizenship
and Immigration Services.
(2) FUNCTIONS.—
(A) IN GENERAL.—The Chief Budget Offi-
cer shall be responsible for—
(i) formulating and executing the
budget of the Bureau of Citizenship and
Immigration Services;
(ii) financial management of the Bu-
reau of Citizenship and Immigration Serv-
ices; and
(iii) collecting all payments, fines, and
other debts for the Bureau of Citizenship
and Immigration Services.
(3) AUTHORITY AND FUNCTIONS OF AGENCY
CHIEF
FINANCIAL
OFFICERS.—The Chief Budget
Officer for the Bureau of Citizenship and Immigra-
tion Services shall have the authorities and functions
described in section 902 of title 31, United States
Code, in relation to financial activities of such bu-
reau.
(f) CHIEF
OF
CONGRESSIONAL, INTERGOVERN-
MENTAL, AND PUBLIC AFFAIRS.—
(1) IN GENERAL.—There shall be a position of
Chief of Congressional, Intergovernmental, and Pub-
lic Affairs for the Bureau of Citizenship and Immi-
gration Services.
(2) FUNCTIONS.—The Chief of Congressional,
Intergovernmental, and Public Affairs shall be re-
sponsible for—
(A) providing information relating to immi-
gration services to the Congress, including in-
formation on specific cases relating to immigra-
tion services issues;
(B) serving as a liaison with other Federal
agencies on immigration services issues; and
(C) responding to inquiries from the media
and the general public on immigration services
issues.
(g) BORDER SECURITY LIAISON.—
(1) IN GENERAL.—There shall be a position of
Border Security Liaison for the Bureau of Citizen-
ship and Immigration Services.
(2) FUNCTIONS.—The Border Security Liaison
shall be responsible for the appropriate allocation
and coordination of resources involved in supporting
shared support functions for the Bureau of Border
Security of the Department of Homeland Security
and the Bureau of Citizenship and Immigration
Services, including—
(A) information resources management, in-
cluding computer databases and information
technology;
(B) records and file management; and
(C) forms management.
(h) CHIEF OF OFFICE OF CITIZENSHIP.—
100
(1) IN GENERAL.—There shall be a position of
Chief of the Office of Citizenship for the Bureau of
Citizenship and Immigration Services.
(2) FUNCTIONS.—The Chief of the Office of
Citizenship for the Bureau of Citizenship and Immi-
gration Services shall be responsible for promoting
instruction and training on citizenship responsibil-
ities for aliens interested in becoming naturalized
citizens of the United States, including the develop-
ment of educational materials.
SEC. 422. CITIZENSHIP AND IMMIGRATION SERVICES OM-
BUDSMAN.
(a) IN GENERAL.—Within the Department of Jus-
tice, there shall be a position of Citizenship and Immigra-
tion Services Ombudsman (in this section referred to as
the ‘‘Ombudsman’’). The Ombudsman shall report directly
to the Deputy Attorney General. The Ombudsman shall
have a background in customer service as well as immigra-
tion law.
(b) FUNCTIONS.—It shall be the function of the
Ombudsman—
(1) to assist individuals and employers in re-
solving problems with the Bureau of Citizenship and
Immigration Services;
101
(2) to identify areas in which individuals and
employers have problems in dealing with the Bureau
of Citizenship and Immigration Services;
(3) to the extent possible, to propose changes in
the administrative practices of the Bureau of Citi-
zenship and Immigration Services to mitigate prob-
lems identified under paragraph (2); and
(4) to identify potential legislative changes that
may be appropriate to mitigate such problems.
(c) ANNUAL REPORTS.—
(1) OBJECTIVES.—Not later than June 30 of
each calendar year, the Ombudsman shall report to
the Committee on the Judiciary of the United States
House of Representatives and the Senate on the ob-
jectives of the Office of the Ombudsman for the fis-
cal year beginning in such calendar year. Any such
report shall contain full and substantive analysis, in
addition to statistical information, and—
(A) shall identify the initiatives the Office
of the Ombudsman has taken on improving
services and responsiveness of the Bureau of
Citizenship and Immigration Services;
(B) shall contain a summary of the most
pervasive and serious problems encountered by
102
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 shall
identify any official of the Bureau of Citizen-
ship and Immigration Services who is respon-
sible 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, including
problems created by excessive backlogs in the
103
adjudication and processing of immigration ben-
efit petitions and applications; and
(G) shall include such other information as
the Ombudsman may deem advisable.
(2) REPORT TO BE SUBMITTED DIRECTLY.—
Each report required under this subsection shall be
provided directly to the committees described in
paragraph (1) without any prior review or comment
from the Attorney General, Deputy Attorney Gen-
eral, Assistant Attorney General for Citizenship and
Immigration Services, or any other officer or em-
ployee of the Department of Justice or the Office of
Management and Budget.
(d) OTHER RESPONSIBILITIES.—The Ombudsman—
(1) shall monitor the coverage and geographic
allocation of local offices of the Ombudsman;
(2) shall develop guidance to be distributed to
all officers and employees of the Bureau of Citizen-
ship and Immigration Services outlining the criteria
for referral of inquiries to local offices of the Om-
budsman;
(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
104
(4) shall meet regularly with the Assistant At-
torney General for Citizenship and Immigration
Services to identify serious service problems and to
present recommendations for such administrative ac-
tion as may be appropriate to resolve problems en-
countered by individuals and employers.
(e) PERSONNEL ACTIONS.—
(1) IN GENERAL.—The Ombudsman shall have
the responsibility and authority—
(A) to appoint local ombudsmen and make
available at least 1 such ombudsman for each
State; and
(B) to evaluate and take personnel actions
(including dismissal) with respect to any em-
ployee of any local office of the Ombudsman.
(2) CONSULTATION.—The Ombudsman may
consult with the appropriate supervisory personnel of
the Bureau of Citizenship and Immigration Services
in carrying out the Ombudsman’s responsibilities
under this subsection.
(f) RESPONSIBILITIES OF BUREAU OF CITIZENSHIP
AND IMMIGRATION SERVICES.—The Assistant Attorney
General for Citizenship and Immigration Services shall es-
tablish procedures requiring a formal response to all rec-
ommendations submitted to such Assistant Attorney Gen-
105
eral by the Ombudsman within 3 months after submission
to such director.
(g) OPERATION OF LOCAL OFFICES.—
(1) IN GENERAL.—Each local ombudsman—
(A) shall report to the Ombudsman or the
delegate thereof;
(B) may consult with the appropriate su-
pervisory personnel of the Bureau of Citizen-
ship and Immigration Services 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
of the Department of Justice and report di-
rectly to the Congress through the Ombudsman;
and
(D) at the local ombudsman’s discretion,
may determine not to disclose to the Bureau of
Citizenship and Immigration Services contact
with, or information provided by, such indi-
vidual or employer.
106
(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 Citizenship and Immigration Services,
or any component of the Bureau of Citizenship and
Immigration Services.
SEC. 423. PROFESSIONAL RESPONSIBILITY AND QUALITY
REVIEW.
(a) IN GENERAL.—The Assistant Attorney General
for Citizenship and Immigration Services shall be respon-
sible for—
(1) conducting investigations of noncriminal al-
legations of misconduct, corruption, and fraud in-
volving any employee of the Bureau of Citizenship
and Immigration Services that are not subject to in-
vestigation by the Department of Justice Office of
the Inspector General;
(2) inspecting the operations of the Bureau of
Citizenship and Immigration Services and providing
assessments of the quality of the operations of such
bureau as a whole and each of its components; and
(3) providing an analysis of the management of
the Bureau of Citizenship and Immigration Services.
107
(b) SPECIAL CONSIDERATIONS.—In providing assess-
ments in accordance with subsection (a)(2) with respect
to a decision of the Bureau of Citizenship and Immigra-
tion Services, or any of its components, consideration shall
be given to—
(1) the accuracy of the findings of fact and con-
clusions of law used in rendering the decision;
(2) any fraud or misrepresentation associated
with the decision; and
(3) the efficiency with which the decision was
rendered.
SEC. 424. EMPLOYEE DISCIPLINE.
The Assistant Attorney General for Citizenship and
Immigration Services may, notwithstanding any other pro-
vision of law, impose disciplinary action, including termi-
nation of employment, pursuant to policies and procedures
applicable to employees of the Federal Bureau of Inves-
tigation, on any employee of the Bureau of Citizenship and
Immigration Services who willfully deceives the Congress
or agency leadership on any matter.
SEC. 425. OFFICE OF IMMIGRATION STATISTICS WITHIN BU-
REAU OF JUSTICE STATISTICS.
(a) IN GENERAL.—Part C of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C.
108
3731 et seq.) is amended by adding at the end the fol-
lowing:
‘‘OFFICE OF IMMIGRATION STATISTICS
‘‘SEC. 305. (a) There is established within the Bu-
reau of Justice Statistics of the Department of Justice
an Office of Immigration Statistics (in this section re-
ferred to as the ‘Office’), which shall be headed by a Direc-
tor who shall be appointed by the Attorney General and
who shall report to the Director of Justice Statistics.
‘‘(b) The Director of the Office shall be responsible
for the following:
‘‘(1) Maintenance of all immigration statistical
information of the Bureau of Citizenship and Immi-
gration Services and the Executive Office for Immi-
gration Review. Such statistical information shall in-
clude information and statistics of the type con-
tained in the publication entitled ‘Statistical Year-
book of the Immigration and Naturalization Service’
prepared by the Immigration and Naturalization
Service (as in effect on the day prior to the effective
date specified in section 427 of the Homeland Secu-
rity Act of 2002), including region-by-region statis-
tics on the aggregate number of applications and pe-
titions filed by an alien (or filed on behalf of an
alien) and denied by such offices and bureaus, and
109
the reasons for such denials, disaggregated by cat-
egory of denial and application or petition type.
‘‘(2) Establishment of standards of reliability
and validity for immigration statistics collected by
the Bureau of Citizenship and Immigration Services
and the Executive Office for Immigration Review.
‘‘(c) The Bureau of Citizenship and Immigration
Services and the Executive Office for Immigration Review
shall provide statistical information to the Office of Immi-
gration Statistics from the operational data systems con-
trolled by the Bureau of Citizenship and Immigration
Services and the Executive Office for Immigration Review,
respectively, for the purpose of meeting the responsibilities
of the Director.’’.
(b) TRANSFER OF FUNCTIONS.—There are trans-
ferred to the Office of Immigration Statistics established
under section 305 of the Omnibus Crime Control and Safe
Streets Act of 1968, as added by subsection (a), the func-
tions performed immediately before such transfer occurs
by the Statistics Branch of the Office of Policy and Plan-
ning of the Immigration and Naturalization Service with
respect to the following:
(1) Adjudications of immigrant visa petitions.
(2) Adjudications of naturalization petitions.
110
(3) Adjudications of asylum and refugee appli-
cations.
(4) Adjudications performed at service centers.
(5) All other adjudications performed by the
Immigration and Naturalization Service.
(c) CONFORMING AMENDMENTS.—Section 302(c) of
the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3732(c)) is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(22);
(2) by striking the period at the end of para-
graph (23) and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(24) collect, maintain, compile, analyze, pub-
lish, and disseminate information and statistics in-
volving the functions of the Bureau of Citizenship
and Immigration Services and the Executive Office
for Immigration Review.’’.
SEC. 426. PRESERVATION OF ATTORNEY GENERAL’S AU-
THORITY.
(a) IN GENERAL.—Any function for which this sub-
chapter vests responsibility in an official other than the
Attorney General, or which is transferred by this sub-
chapter to such an official, may, notwithstanding any pro-
vision of this subchapter, be performed by the Attorney
111
General, or the Attorney General’s delegate, in lieu of such
official.
(b) REFERENCES.—In a case in which the Attorney
General performs a function described in subsection (a),
any reference in any other Federal law, Executive order,
rule, regulation, document, or delegation of authority to
the official otherwise responsible for the function is
deemed to refer to the Attorney General.
SEC. 427. EFFECTIVE DATE.
Notwithstanding section 4, this subchapter, and the
amendments made by this subchapter, shall take effect on
the date on which the transfer of functions specified under
section 411 takes effect.
SEC. 428. TRANSITION.
(a) REFERENCES.—With respect to any function
transferred by this subchapter to, and exercised on or
after the effective date specified in section 427 by, the As-
sistant Attorney General for Citizenship and Immigration
Services, any reference in any other Federal law, Execu-
tive order, rule, regulation, or delegation of authority, or
any document of or pertaining to a component of govern-
ment from which such function is transferred—
(1) to the head of such component is deemed to
refer to the Assistant Attorney General for Citizen-
ship and Immigration Services; or
112
(2) to such component is deemed to refer to the
Bureau of Citizenship and Immigration Services.
(b) OTHER TRANSITION ISSUES.—
(1) EXERCISE
OF
AUTHORITIES.—Except as
otherwise provided by law, a Federal official to
whom a function is transferred by this subchapter
may, for purposes of performing the function, exer-
cise all authorities under any other provision of law
that were available with respect to the performance
of that function to the official responsible for the
performance of the function immediately before the
effective date specified in section 427.
(2) SAVINGS PROVISIONS.—Subsections (a), (b),
and (c) of section 812 shall apply to a transfer of
functions under this subchapter in the same manner
as such provisions apply to a transfer of functions
under this Act to the Department of Homeland Se-
curity.
(3) TRANSFER
AND
ALLOCATION
OF
APPRO-
PRIATIONS AND PERSONNEL.—The personnel of the
Department of Justice employed in connection with
the functions transferred by this subchapter (and
functions that the Attorney General determines are
properly related to the functions of the Bureau of
Citizenship and Immigration Services), and the as-
113
sets, liabilities, contracts, property, records, and un-
expended balance of appropriations, authorizations,
allocations, and other funds employed, held, used,
arising from, available to, or to be made available to,
the Immigration and Naturalization Service in con-
nection with the functions transferred by this sub-
chapter, subject to section 202 of the Budget and
Accounting Procedures Act of 1950, shall be trans-
ferred to the Assistant Attorney General for Citizen-
ship and Immigration Services for allocation to the
appropriate component of the Department of Jus-
tice. Unexpended funds transferred pursuant to this
paragraph shall be used only for the purposes for
which the funds were originally authorized and ap-
propriated. The Attorney General shall have the
right to adjust or realign transfers of funds and per-
sonnel effected pursuant to this subchapter for a pe-
riod of 2 years after the effective date specified in
section 427.
(4) AUTHORITIES OF ATTORNEY GENERAL.—
The Attorney General (or a delegate of the Attorney
General), at such time or times as the Attorney Gen-
eral (or the delegate) shall provide, may make such
determinations as may be necessary with regard to
the functions transferred by this subchapter, and
114
may make such additional incidental dispositions of
personnel, assets, liabilities, grants, contracts, prop-
erty, 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 sub-
chapter. The Attorney General shall provide for such
further measures and dispositions as may be nec-
essary to effectuate the purposes of this subchapter.
Subchapter B—Other Provisions
SEC. 431. FUNDING FOR CITIZENSHIP AND IMMIGRATION
SERVICES.
(a) ESTABLISHMENT OF FEES FOR ADJUDICATION
AND NATURALIZATION SERVICES.—Section 286(m) of the
Immigration and Nationality Act (8 U.S.C. 1356(m)) is
amended by striking ‘‘services, including the costs of simi-
lar services provided without charge to asylum applicants
or other immigrants.’’ and inserting ‘‘services.’’.
(b) AUTHORIZATION OF APPROPRIATIONS FOR REF-
UGEE AND ASYLUM ADJUDICATIONS.—There are author-
ized to be appropriated such sums as may be necessary
to carry out the provisions of sections 207 through 209
of the Immigration and Nationality Act (8 U.S.C. 1157–
1159). All funds appropriated under this subsection shall
115
be deposited into the Immigration Examinations Fee Ac-
count established under section 286(m) of the Immigra-
tion and Nationality Act (8 U.S.C. 1356(m)) and shall
remain available until expended.
SEC. 432. BACKLOG ELIMINATION.
Section 204(a)(1) of the Immigration Services and
Infrastructure Improvements Act of 2000 (8 U.S.C.
1573(a)(1)) is amended by striking ‘‘not later than one
year after the date of enactment of this Act;’’ and insert-
ing ‘‘1 year after the date of the enactment of the Home-
land Security Act of 2002;’’.
SEC. 433. REPORT ON IMPROVING IMMIGRATION SERVICES.
(a) IN GENERAL.—The Attorney General, not later
than 1 year after the effective date of this Act, shall sub-
mit to the Committees on the Judiciary and Appropria-
tions of the United States House of Representatives and
of the Senate a report with a plan detailing how the Bu-
reau of Citizenship and Immigration Services, after the
transfer of functions specified in subchapter 1 takes effect,
will complete efficiently, fairly, and within a reasonable
time, the adjudications described in paragraphs (1)
through (5) of section 421(b).
(b) CONTENTS.—For each type of adjudication to be
undertaken by the Assistant Attorney General for Citizen-
116
ship and Immigration Services, the report shall include the
following:
(1) Any potential savings of resources that may
be implemented without affecting the quality of the
adjudication.
(2) The goal for processing time with respect to
the application.
(3) Any statutory modifications with respect to
the adjudication that the Attorney General considers
advisable.
(c) CONSULTATION.—In carrying out subsection (a),
the Attorney General shall consult with the Secretary of
State, the Secretary of Labor, the Assistant Secretary of
the Bureau of Border Security of the Department of
Homeland Security, and the Director of the Executive Of-
fice for Immigration Review to determine how to stream-
line and improve the process for applying for and making
adjudications described in section 421(b) and related proc-
esses.
SEC. 434. REPORT ON RESPONDING TO FLUCTUATING
NEEDS.
Not later than 30 days after the date of the enact-
ment of this Act, the Attorney General shall submit to
the Congress a report on changes in law, including
changes in authorizations of appropriations and in appro-
117
priations, that are needed to permit the Immigration and
Naturalization Service, and, after the transfer of functions
specified in subchapter 1 takes effect, the Bureau of Citi-
zenship and Immigration Services, to ensure a prompt and
timely response to emergent, unforeseen, or impending
changes in the number of applications for immigration
benefits, and otherwise to ensure the accommodation of
changing immigration service needs.
SEC. 
435. 
APPLICATION 
OF 
INTERNET-BASED 
TECH-
NOLOGIES.
(a) ESTABLISHMENT OF TRACKING SYSTEM.—The
Attorney General, not later than 1 year after the effective
date of this Act, in consultation with the Technology Advi-
sory Committee established under subsection (c), shall es-
tablish an Internet-based system, that will permit a per-
son, employer, immigrant, or nonimmigrant who has fil-
ings with the Attorney General for any benefit under the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.),
access to online information about the processing status
of the filing involved.
(b) FEASIBILITY STUDY FOR ONLINE FILING AND
IMPROVED PROCESSING.—
(1) ONLINE FILING.—The Attorney General, in
consultation with the Technology Advisory Com-
mittee established under subsection (c), shall con-
118
duct a feasibility study on the online filing of the fil-
ings described in subsection (a). The study shall in-
clude a review of computerization and technology of
the Immigration and Naturalization Service relating
to the immigration services and processing of filings
related to immigrant services. The study shall also
include an estimate of the timeframe and cost and
shall consider other factors in implementing such a
filing system, including the feasibility of fee payment
online.
(2) REPORT.—A report on the study under this
subsection shall be submitted to the Committees on
the Judiciary of the United States House of Rep-
resentatives and the Senate not later than 1 year
after the effective date of this Act.
(c) TECHNOLOGY ADVISORY COMMITTEE.—
(1) ESTABLISHMENT.—The Attorney General
shall establish, not later than 60 days after the ef-
fective date of this Act, an advisory committee (in
this section referred to as the ‘‘Technology Advisory
Committee’’) to assist the Attorney General in—
(A) establishing the tracking system under
subsection (a); and
(B) conducting the study under subsection
(b).
119
The Technology Advisory Committee shall be estab-
lished after consultation with the Committees on the
Judiciary of the United States House of Representa-
tives 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 online filing system described in sub-
section (b)(1).
SEC. 436. CHILDREN’S AFFAIRS.
(a) TRANSFER OF FUNCTIONS.—There are trans-
ferred to the Director of the Office of Refugee Resettle-
ment of the Department of Health and Human Services
functions under the immigration laws of the United States
with respect to the care of unaccompanied alien children
that were vested by statute in, or performed by, the Com-
missioner of Immigration and Naturalization (or any offi-
cer, employee, or component of the Immigration and Nat-
uralization Service) immediately before the effective date
specified in subsection (d).
(b) FUNCTIONS.—
120
(1) IN
GENERAL.—Pursuant to the transfer
made by subsection (a), the Director of the Office of
Refugee Resettlement shall be responsible for—
(A) coordinating and implementing the
care and placement of unaccompanied alien
children who are in Federal custody by reason
of their immigration status, including devel-
oping a plan to be submitted to the Congress
on how to ensure that qualified and inde-
pendent legal counsel is timely appointed to
represent the interests of each such child, con-
sistent with the law regarding appointment of
counsel that is in effect on the date of the en-
actment of this Act;
(B) ensuring that the interests of the child
are considered in decisions and actions relating
to the care and custody of an unaccompanied
alien child;
(C) making placement determinations for
all unaccompanied alien children who are in
Federal custody by reason of their immigration
status;
(D) implementing the placement deter-
minations;
121
(E) implementing policies with respect to
the care and placement of unaccompanied alien
children;
(F) identifying a sufficient number of
qualified individuals, entities, and facilities to
house unaccompanied alien children;
(G) overseeing the infrastructure and per-
sonnel of facilities in which unaccompanied
alien children reside;
(H) reuniting unaccompanied alien chil-
dren with a parent abroad in appropriate cases;
(I) compiling, updating, and publishing at
least annually a state-by-state list of profes-
sionals or other entities qualified to provide
guardian and attorney representation services
for unaccompanied alien children;
(J) maintaining statistical information and
other data on unaccompanied alien children for
whose care and placement the Director is re-
sponsible, which shall include—
(i) biographical information, such as a
child’s name, gender, date of birth, country
of birth, and country of habitual residence;
122
(ii) the date on which the child came
into Federal custody by reason of his or
her immigration status;
(iii) information relating to the child’s
placement, removal, or release from each
facility in which the child has resided;
(iv) in any case in which the child is
placed in detention or released, an expla-
nation relating to the detention or release;
and
(v) the disposition of any actions in
which the child is the subject;
(K) collecting and compiling statistical in-
formation from the Department of Justice, the
Department of Homeland Security, and the De-
partment of State on each department’s actions
relating to unaccompanied alien children; and
(L) conducting investigations and inspec-
tions of facilities and other entities in which un-
accompanied alien children reside.
(2) COORDINATION WITH OTHER ENTITIES; NO
RELEASE ON OWN RECOGNIZANCE.—In making de-
terminations described in paragraph (1)(C), the Di-
rector of the Office of Refugee Resettlement—
123
(A) shall consult with appropriate juvenile
justice professionals, the Director of the Bureau
of Citizenship and Immigration Services of the
Department of Justice, and the Assistant Sec-
retary of the Bureau of Border Security of the
Department of Homeland Security to ensure
that such determinations ensure that unaccom-
panied 
alien 
children 
described 
in 
such
subparagraph—
(i) are likely to appear for all hearings
or proceedings in which they are involved;
(ii) are protected from smugglers,
traffickers, or others who might seek to
victimize or otherwise engage them in
criminal, harmful, or exploitive activity;
and
(iii) are placed in a setting in which
they not likely to pose a danger to them-
selves or others; and
(B) shall not release such children upon
their own recognizance.
(3) DUTIES WITH RESPECT TO FOSTER CARE.—
In carrying out the duties described in paragraph
(1)(G), the Director of the Office of Refugee Reset-
tlement is encouraged to use the refugee children
124
foster care system established pursuant to section
412(d) of the Immigration and Nationality Act (8
U.S.C. 1522(d)) for the placement of unaccom-
panied alien children.
(c) RULE OF CONSTRUCTION.—Nothing in this sec-
tion may be construed to transfer the responsibility for
adjudicating benefit determinations under the Immigra-
tion and Nationality Act (8 U.S.C. 1101 et seq.) from the
authority of any official of the Department of Justice, the
Department of Homeland Security, or the Department of
State.
(d) EFFECTIVE DATE.—Notwithstanding section 4,
this section shall take effect on the date on which the
transfer of functions specified under section 411 takes ef-
fect.
(e) REFERENCES.—With respect to any function
transferred by this section, any reference in any other
Federal law, Executive order, rule, regulation, or delega-
tion of authority, or any document of or pertaining to a
component of government from which such function is
transferred—
(1) to the head of such component is deemed to
refer to the Director of the Office of Refugee Reset-
tlement; or
125
(2) to such component is deemed to refer to the
Office of Refugee Resettlement of the Department of
Health and Human Services.
(f) OTHER TRANSITION ISSUES.—
(1) EXERCISE
OF
AUTHORITIES.—Except as
otherwise provided by law, a Federal official to
whom a function is transferred by this section may,
for purposes of performing the function, exercise all
authorities under any other provision of law that
were available with respect to the performance of
that function to the official responsible for the per-
formance of the function immediately before the ef-
fective date specified in subsection (d).
(2) SAVINGS PROVISIONS.—Subsections (a), (b),
and (c) of section 812 shall apply to a transfer of
functions under this section in the same manner as
such provisions apply to a transfer of functions
under this Act to the Department of Homeland Se-
curity.
(3) TRANSFER
AND
ALLOCATION
OF
APPRO-
PRIATIONS AND PERSONNEL.—The personnel of the
Department of Justice employed in connection with
the functions transferred by this section, and the as-
sets, liabilities, contracts, property, records, and un-
expended balance of appropriations, authorizations,
126
allocations, and other funds employed, held, used,
arising from, available to, or to be made available to,
the Immigration and Naturalization Service in con-
nection with the functions transferred by this sec-
tion, subject to section 202 of the Budget and Ac-
counting Procedures Act of 1950, shall be trans-
ferred to the Director of the Office of Refugee Re-
settlement for allocation to the appropriate compo-
nent of the Department of Health and Human Serv-
ices. Unexpended funds transferred pursuant to this
paragraph shall be used only for the purposes for
which the funds were originally authorized and ap-
propriated.
(g) DEFINITIONS.—As used in this section—
(1) the term ‘‘placement’’ means the placement
of an unaccompanied alien child in either a deten-
tion facility or an alternative to such a facility; and
(2) the term ‘‘unaccompanied alien child’’
means a child who—
(A) has no lawful immigration status in
the United States;
(B) has not attained 18 years of age; and
(C) with respect to whom—
(i) there is no parent or legal guard-
ian in the United States; or
127
(ii) no parent or legal guardian in the
United States is available to provide care
and physical custody.
CHAPTER 3—GENERAL PROVISIONS
SEC. 441. ABOLISHMENT OF INS.
The Immigration and Naturalization Service of the
Department of Justice is abolished.
SEC. 442. VOLUNTARY SEPARATION INCENTIVE PAYMENTS.
(a) DEFINITIONS.—For purposes of this section—
(1) the term ‘‘employee’’ means an employee
(as defined by section 2105 of title 5, United States
Code) who—
(A) has completed at least 3 years of cur-
rent continuous service with 1 or more covered
entities; and
(B) is serving under an appointment with-
out time limitation;
but does not include any person under subpara-
graphs (A)–(G) of section 663(a)(2) of Public Law
104–208 (5 U.S.C. 5597 note);
(2) the term ‘‘covered entity’’ means—
(A) the Immigration and Naturalization
Service;
(B) the Bureau of Border Security of the
Department of Homeland Security; and
128
(C) the Bureau of Citizenship and Immi-
gration Services of the Department of Justice;
and
(3) the term ‘‘transfer date’’ means the date on
which the transfer of functions specified under sec-
tion 411 takes effect.
(b) STRATEGIC RESTRUCTURING PLAN.—Before the
Attorney General or the Secretary obligates any resources
for voluntary separation incentive payments under this
section, such official shall submit to the appropriate com-
mittees of Congress a strategic restructuring plan, which
shall include—
(1) an organizational chart depicting the cov-
ered entities after their restructuring pursuant to
this Act;
(2) a summary description of how the authority
under this section will be used to help carry out that
restructuring; and
(3) 
the 
information 
specified 
in 
section
663(b)(2) of Public Law 104–208 (5 U.S.C. 5597
note).
As used in the preceding sentence, the ‘‘appropriate com-
mittees of Congress’’ are the Committees on Appropria-
tions, Government Reform, and the Judiciary of the
House of Representatives, and the Committees on Appro-
129
priations, Governmental Affairs, and the Judiciary of the
Senate.
(c) AUTHORITY.—The Attorney General and the Sec-
retary may, to the extent necessary to help carry out their
respective strategic restructuring plan described in sub-
section (b), make voluntary separation incentive payments
to employees. Any such payment—
(1) shall be paid to the employee, in a lump
sum, after the employee has separated from service;
(2) shall be paid from appropriations or funds
available for the payment of basic pay of the em-
ployee;
(3) shall be equal to the lesser of—
(A) the amount the employee would be en-
titled to receive under section 5595(c) of title 5,
United States Code; or
(B) an amount not to exceed $25,000, as
determined by the Attorney General or the Sec-
retary;
(4) may not be made except in the case of any
qualifying 
employee 
who 
voluntarily 
separates
(whether by retirement or resignation) before the
end of—
130
(A) the 3-month period beginning on the
date on which such payment is offered or made
available to such employee; or
(B) the 3-year period beginning on the
date of the enactment of this Act,
whichever occurs first;
(5) shall not be a basis for payment, and shall
not be included in the computation, of any other
type of Government benefit; and
(6) shall not be taken into account in deter-
mining 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 sepa-
ration.
(d) ADDITIONAL AGENCY CONTRIBUTIONS TO THE
RETIREMENT FUND.—
(1) IN GENERAL.—In addition to any payments
which it is otherwise required to make, the Depart-
ment of Justice and the Department of Homeland
Security shall, for each fiscal year with respect to
which it makes any voluntary separation incentive
payments under this section, remit to the Office of
Personnel Management for deposit in the Treasury
of the United States to the credit of the Civil Service
131
Retirement and Disability Fund the amount re-
quired under paragraph (2).
(2) AMOUNT REQUIRED.—The amount required
under this paragraph shall, for any fiscal year, be
the amount under subparagraph (A) or (B), which-
ever is greater.
(A) FIRST METHOD.—The amount under
this subparagraph shall, for any fiscal year, be
equal to the minimum amount necessary to off-
set the additional costs to the retirement sys-
tems under title 5, United States Code (payable
out of the Civil Service Retirement and Dis-
ability Fund) resulting from the voluntary sepa-
ration of the employees described in paragraph
(3), as determined under regulations of the Of-
fice of Personnel Management.
(B) 
SECOND
METHOD.—The 
amount
under this subparagraph shall, for any fiscal
year, be equal to 45 percent of the sum total
of the final basic pay of the employees described
in paragraph (3).
(3) COMPUTATIONS TO BE BASED ON SEPARA-
TIONS
OCCURRING
IN
THE
FISCAL
YEAR
IN-
VOLVED.—The employees described in this para-
graph are those employees who receive a voluntary
132
separation incentive payment under this section
based on their separating from service during the
fiscal year with respect to which the payment under
this subsection relates.
(4) FINAL BASIC PAY DEFINED.—In this sub-
section, the term ‘‘final basic pay’’ means, with re-
spect to an employee, the total amount of basic pay
which would be payable for a year of service by such
employee, computed using the employee’s final rate
of basic pay, and, if last serving on other than a
full-time basis, with appropriate adjustment there-
for.
(e) EFFECT OF SUBSEQUENT EMPLOYMENT WITH
THE GOVERNMENT.—An individual who receives a vol-
untary separation incentive payment under this section
and who, within 5 years after the date of the separation
on which the payment is based, accepts any compensated
employment with the Government or works for any agency
of the Government through a personal services contract,
shall be required to pay, prior to the individual’s first day
of employment, the entire amount of the incentive pay-
ment. Such payment shall be made to the covered entity
from which the individual separated or, if made on or after
the transfer date, to the Deputy Attorney General (for
transfer to the appropriate component of the Department
133
of Justice, if necessary) or the Under Secretary for Border
and Transportation Security (for transfer to the appro-
priate component of the Department of Homeland Secu-
rity, if necessary).
(f) EFFECT ON EMPLOYMENT LEVELS.—
(1) INTENDED EFFECT.—Voluntary separations
under this section are not intended to necessarily re-
duce the total number of full-time equivalent posi-
tions in any covered entity.
(2) USE OF VOLUNTARY SEPARATIONS.—A cov-
ered entity may redeploy or use the full-time equiva-
lent positions vacated by voluntary separations
under this section to make other positions available
to more critical locations or more critical occupa-
tions.
SEC. 443. AUTHORITY TO CONDUCT A DEMONSTRATION
PROJECT RELATING TO DISCIPLINARY AC-
TION.
(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, con-
duct a demonstration project for the purpose of deter-
mining whether one or more changes in the policies or pro-
cedures relating to methods for disciplining employees
would result in improved personnel management.
134
(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 reso-
lution (as defined in section 571 of title 5, United
States Code) shall be encouraged, whenever appro-
priate; 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 sub-
chapter II of chapter 75 of such title 5 would other-
wise apply (except an action described in section
7512(5) thereof).
(d) ACTIONS
INVOLVING
DISCRIMINATION.—Not-
withstanding 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 review-
able action under the demonstration project within 120
days after the filing of an appeal or other formal request
135
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 em-
ployees 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 em-
ployee 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 Re-
form and the Judiciary of the House of Representatives
and the Committees on Governmental Affairs and the Ju-
diciary of the Senate periodic reports on any demonstra-
tion project conducted under this section, such reports to
be submitted after the second and fourth years of its oper-
136
ation. Upon request, the Attorney General or the Sec-
retary shall furnish such information as the General Ac-
counting Office may require to carry out this subsection.
(g) DEFINITION.—In this section, the term ‘‘covered
entity’’ has the meaning given such term in section
442(a)(2).
SEC. 444. SENSE OF CONGRESS.
It is the sense of the Congress that—
(1) the missions of the Bureau of Border Secu-
rity of the Department of Homeland Security and
the Bureau of Citizenship and Immigration Services
of the Department of Justice 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. 445. REPORTS AND IMPLEMENTATION PLANS.
(a) DIVISION OF FUNDS.—The Attorney General and
the Secretary, not later than 120 days after the effective
date of this Act, shall each submit to the Committees on
Appropriations and the Judiciary of the United States
House of Representatives and of the Senate a report on
the proposed division and transfer of funds, including un-
137
expended funds, appropriations, and fees, between the Bu-
reau of Citizenship and Immigration Services and the Bu-
reau of Border Security.
(b) DIVISION OF PERSONNEL.—The Attorney Gen-
eral and the Secretary, not later than 120 days after the
effective date of this Act, shall each submit to the Commit-
tees on Appropriations and the Judiciary of the United
States House of Representatives and of the Senate a re-
port on the proposed division of personnel between the Bu-
reau of Citizenship and Immigration Services and the Bu-
reau of Border Security.
(c) IMPLEMENTATION PLAN.—
(1) IN GENERAL.—The Attorney General and
the Secretary, not later than 120 days after the ef-
fective date of this Act, and every 6 months there-
after until the termination of fiscal year 2005, shall
each submit to the Committees on Appropriations
and the Judiciary of the United States House of
Representatives and of the Senate an implementa-
tion 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:
138
(A) Organizational structure, including the
field structure.
(B) Chain of command.
(C) Procedures for interaction among such
bureaus.
(D) Fraud detection and investigation.
(E) The processing and handling of re-
moval proceedings, including expedited removal
and applications for relief from removal.
(F) 
Recommendations 
for 
conforming
amendments to the Immigration and Nation-
ality Act (8 U.S.C. 1101 et seq.).
(G) Establishment of a transition team.
(H) Methods 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 Citizenship
and Immigration Services and the Bureau of
Border Security.
(d) COMPTROLLER GENERAL STUDIES
AND RE-
PORTS.—
(1) STATUS
REPORTS
ON
TRANSITION.—Not
later than 18 months after the date on which the
transfer of functions specified under section 411
139
takes effect, and every 6 months thereafter, 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 United States House of
Representatives and the Senate a report containing
the following:
(A) A determination of whether the trans-
fers of functions made by chapters 1 and 2
have been completed, and if a transfer of func-
tions has not taken place, identifying the rea-
sons why the transfer has not taken place.
(B) If the transfers of functions made by
chapters 1 and 2 have been completed, an iden-
tification 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 func-
tions.
(2) REPORT ON MANAGEMENT.—Not later than
4 years after the date on which the transfer of func-
tions specified under section 411 takes effect, the
Comptroller General of the United States shall sub-
mit to the Committees on Appropriations and on the
Judiciary of the United States House of Representa-