IIB
107TH CONGRESS
2D SESSION
H. R. 3231
IN THE SENATE OF THE UNITED STATES
APRIL 26, 2002
Received; read twice and referred to the Committee on the Judiciary
AN ACT
To replace the Immigration and Naturalization Service with
the Office of the Associate Attorney General for Immi-
gration Affairs, the Bureau of Citizenship and Immigra-
tion Services, and the Bureau of Immigration Enforce-
ment, and for other purposes.
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Barbara Jordan Immigration Reform and Accountability
Act of 2002’’.
(b) TABLE OF CONTENTS.—The table of contents of
this Act is as follows:
Sec.
1. Short title; table of contents.
Sec.
2. Abolishment of Immigration and Naturalization Service; establishment
of Office of Associate Attorney General for Immigration Af-
fairs.
Sec.
3. Positions within Office of Associate Attorney General for Immigration
Affairs.
Sec.
4. Establishment of Bureau of Citizenship and Immigration Services.
Sec.
5. Office of the Ombudsman.
Sec.
6. Establishment of Bureau of Immigration Enforcement.
Sec.
7. Office of Immigration Statistics within Bureau of Justice Statistics.
Sec.
8. Exercise of authorities.
Sec.
9. Savings provisions.
Sec. 10. Transfer and allocation of appropriations and personnel.
Sec. 11. Voluntary separation incentive payments.
Sec. 12. Authority to conduct a demonstration project relating to disciplinary
action.
Sec. 13. Authorization of appropriations; prohibition on transfer of fees; leasing
or acquisition of property; sense of Congress.
Sec. 14. Reports and implementation plans.
Sec. 15. Application of Internet-based technologies.
Sec. 16. Definitions.
Sec. 17. Effective date; transition.
Sec. 18 Conforming amendment.
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SEC. 2. ABOLISHMENT OF IMMIGRATION AND NATURALIZA-
TION SERVICE; ESTABLISHMENT OF OFFICE
OF ASSOCIATE ATTORNEY GENERAL FOR IM-
MIGRATION AFFAIRS.
(a) ABOLISHMENT OF INS.—The Immigration and
Naturalization Service of the Department of Justice is
abolished.
(b) ESTABLISHMENT OF OFFICE OF ASSOCIATE AT-
TORNEY GENERAL FOR IMMIGRATION AFFAIRS.—
(1) IN GENERAL.—There is established in the
Department of Justice an office to be known as the
‘‘Office of the Associate Attorney General for Immi-
gration Affairs’’.
(2) ASSOCIATE
ATTORNEY
GENERAL.—The
head of the Office shall be the Associate Attorney
General for Immigration Affairs. The Associate At-
torney General for Immigration Affairs—
(A) shall be appointed by the President, by
and with the consent of the Senate; and
(B) shall have a minimum of 5 years of ex-
perience in managing a large and complex orga-
nization.
(3) COMPENSATION AT LEVEL III OF EXECU-
TIVE SCHEDULE.—Section 5314 of title 5, United
States Code, is amended by adding at the end the
following:
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‘‘Associate Attorney General for Immigration
Affairs.’’.
(c) FUNCTIONS.—The Associate Attorney General for
Immigration Affairs shall be responsible for—
(1) overseeing the work of, and supervising, the
Director of the Bureau of Citizenship and Immigra-
tion Services and the Director of the Bureau of Im-
migration Enforcement;
(2) coordinating the administration of national
immigration policy, including coordinating the oper-
ations of the Bureau of Citizenship and Immigration
Services and the Bureau of Immigration Enforce-
ment, and reconciling conflicting policies of such bu-
reaus; and
(3) allocating and coordinating resources in-
volved in supporting shared support functions for
the Bureau of Citizenship and Immigration Services
and the Bureau of Immigration Enforcement,
through the Office of Shared Services established by
section 3.
SEC. 3. POSITIONS WITHIN OFFICE OF ASSOCIATE ATTOR-
NEY GENERAL FOR IMMIGRATION AFFAIRS.
(a) POLICY ADVISOR.—
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(1) IN GENERAL.—There shall be a position of
Policy Advisor for the Associate Attorney General
for Immigration Affairs.
(2) FUNCTIONS.—The Policy Advisor shall be
responsible for—
(A) providing advice to the Associate At-
torney General for Immigration Affairs on all
matters relating to immigration and naturaliza-
tion policy; and
(B) coordinating and reconciling the reso-
lution of policy issues by the Bureau of Citizen-
ship and Immigration Services and the Bureau
of Immigration Enforcement.
(b) GENERAL COUNSEL.—
(1) IN GENERAL.—There shall be a position of
General Counsel to the Associate Attorney General
for Immigration Affairs.
(2) FUNCTIONS.—The General Counsel shall
serve as the principal legal advisor to the Associate
Attorney General for Immigration Affairs. The Gen-
eral Counsel shall be responsible for—
(A) providing specialized legal advice, opin-
ions, determinations, regulations, and any other
assistance to the Associate Attorney General for
Immigration Affairs with respect to legal mat-
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ters affecting the Office of the Associate Attor-
ney General for Immigration Affairs, the Bu-
reau of Citizenship and Immigration Services,
or the Bureau of Immigration Enforcement;
(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; and
(C) representing the Bureau of Immigra-
tion Enforcement in all exclusion, deportation,
or removal proceedings before the Executive Of-
fice for Immigration Review, including in pro-
ceedings to adjudicate relief from exclusion, de-
portation, or removal, and in other legal or ad-
ministrative proceedings involving immigration
enforcement issues.
(3) LIMITATION.—Paragraph (2) shall not
apply to the functions transferred under subsection
(h) to the extent that the Associate Attorney Gen-
eral for Immigration Affairs does not delegate such
functions to the General Counsel.
(c) CHIEF FINANCIAL OFFICER.—
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(1) IN GENERAL.—There shall be a position of
Chief Financial Officer for the Associate Attorney
General for Immigration Affairs.
(2) FUNCTIONS.—The Chief Financial Officer
shall be responsible for—
(A) financial management of the Office of
the Associate Attorney General for Immigration
Affairs, the Bureau of Citizenship and Immi-
gration Services, and the Bureau of Immigra-
tion Enforcement and shall have the authorities
and functions described in section 902 of title
31, United States Code, in relation to financial
activities of such office and bureaus;
(B) collecting all payments, fines, and
other debts for the Bureau of Citizenship and
Immigration Services and the Bureau of Immi-
gration Enforcement; and
(C) coordinating all budget and other fi-
nancial management issues with the Bureau of
Citizenship and Immigration Services and the
Bureau of Immigration Enforcement.
(d) DIRECTOR OF SHARED SERVICES.—
(1) IN GENERAL.—There shall be a position of
Director of the Office of Shared Services for the As-
sociate Attorney General for Immigration Affairs.
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(2) FUNCTIONS.—The Director of the Office of
Shared Services shall be responsible for the appro-
priate allocation and coordination of resources in-
volved in supporting shared support functions for
the Bureau of Citizenship and Immigration Services
and the Bureau of Immigration Enforcement,
including—
(A) facilities management;
(B) information resources management, in-
cluding computer databases and information
technology;
(C) records and file management; and
(D) forms management.
(e) OFFICE OF THE OMBUDSMAN.—
(1) ESTABLISHMENT.—
(A) IN GENERAL.—There is established in
the Office of the Associate Attorney General 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
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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
Office of the Associate Attorney General for Immi-
gration Affairs an office to be known as the ‘‘Office
of Professional Responsibility and Quality Review’’.
The head of the Office of Professional Responsibility
and Quality Review shall be the Director of the Of-
fice of Professional Responsibility and Quality Re-
view. The Director of the Office of Professional Re-
sponsibility and Quality Review shall be responsible
for—
(A) conducting investigations of non-
criminal allegations of misconduct, corruption,
and fraud involving any employee of the Office
of the Associate Attorney General for Immigra-
tion Affairs, the Bureau of Citizenship and Im-
migration Services, or the Bureau of Immigra-
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tion Enforcement that are not subject to inves-
tigation by the Department of Justice Office of
the Inspector General;
(B) inspecting the operations of the Office
of the Associate Attorney General for Immigra-
tion Affairs, the Bureau of Citizenship and Im-
migration Services, and the Bureau of Immi-
gration Enforcement and providing assessments
of the quality of the operations of such office
and bureaus as a whole and each of their com-
ponents; and
(C) providing an analysis of the manage-
ment of the Office of the Associate Attorney
General for Immigration Affairs, the Bureau of
Citizenship and Immigration Services, and the
Bureau of Immigration Enforcement.
(2) SPECIAL
CONSIDERATIONS.—In providing
assessments in accordance with paragraph (1)(B)
with respect to a decision of the Office of the Asso-
ciate Attorney General for Immigration Affairs, the
Bureau of Citizenship and Immigration Services, or
the Bureau of Immigration Enforcement, or any of
their components, consideration shall be given to—
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(A) the accuracy of the findings of fact
and conclusions of law used in rendering the
decision;
(B) any fraud or misrepresentation associ-
ated with the decision; and
(C) the efficiency with which the decision
was rendered.
(g) OFFICE OF CHILDREN’S AFFAIRS.—
(1) IN GENERAL.—There is established within
the Office of the Associate Attorney General for Im-
migration Affairs an office to be known as the ‘‘Of-
fice of Children’s Affairs’’. The head of the Office of
Children’s Affairs shall be the Director of the Office
of Children’s Affairs.
(2) FUNCTIONS.—
(A) IN GENERAL.—The Director of the Of-
fice of Children’s Affairs shall be responsible
for—
(i) coordinating and implementing law
and policy for unaccompanied alien chil-
dren who come into the custody of the De-
partment of Justice, including developing a
plan to be submitted to the Congress on
how to ensure that qualified and inde-
pendent legal counsel is timely appointed
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to represent the interests of each such
child, consistent with the law regarding ap-
pointment of counsel that is in effect on
the date of the enactment of this Act;
(ii) ensuring that the interests of the
child are considered in decisions and ac-
tions relating to the care and custody of an
unaccompanied alien child;
(iii) making placement determinations
for all unaccompanied alien children appre-
hended by the Attorney General or who
otherwise come into the custody of the De-
partment of Justice;
(iv) implementing the placement de-
terminations made by the Office;
(v) implementing policies with respect
to the care and placement of unaccom-
panied alien children;
(vi) identifying a sufficient number of
qualified individuals, entities, and facilities
to house unaccompanied alien children;
(vii) overseeing the infrastructure and
personnel of facilities in which unaccom-
panied alien children reside;
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(viii) reuniting unaccompanied alien
children with a parent abroad in appro-
priate cases;
(ix) compiling, updating, and pub-
lishing at least annually a state-by-state
list of professionals or other entities quali-
fied to provide guardian and attorney rep-
resentation services for unaccompanied
alien children;
(x) maintaining statistical information
and other data on unaccompanied alien
children in the Office’s custody and care,
which shall include—
(I) biographical information, such
as a child’s name, gender, date of
birth, country of birth, and country of
habitual residence;
(II) the date on which the child
came into the custody of the Depart-
ment of Justice;
(III) information relating to the
child’s placement, removal, or release
from each facility in which the child
has resided;
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(IV) in any case in which the
child is placed in detention or re-
leased, an explanation relating to the
detention or release; and
(V) the disposition of any actions
in which the child is the subject;
(xi) collecting and compiling statistical
information from the Office of the Asso-
ciate Attorney General, Bureau of Citizen-
ship and Immigration Services, and Bu-
reau of Enforcement (including Border Pa-
trol and inspections officers), on the unac-
companied alien children with whom they
come into contact; and
(xii) conducting investigations and in-
spections of facilities and other entities in
which unaccompanied alien children reside.
(B) COORDINATION
WITH
OTHER
ENTI-
TIES; NO RELEASE ON OWN RECOGNIZANCE.—
In making determinations described in subpara-
graph (A)(iii), the Director of the Office of
Children’s Affairs—
(i) shall consult with appropriate juve-
nile justice professionals, the Director of
the Bureau of Citizenship and Immigration
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Services, and the Director of the Bureau of
Immigration Enforcement 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 smug-
glers, 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 themselves or others; and
(ii) shall not release such children
upon their own recognizance.
(C) TRANSFER OF FUNCTIONS.—There are
transferred to the Director of the Office of Chil-
dren’s Affairs functions with respect to the care
of unaccompanied alien children under the im-
migration laws of the United States vested by
statute in, or performed by, the Commissioner
of the Immigration and Naturalization Service
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(or any officer, employee, or component there-
of), immediately before the effective date speci-
fied in section 17(a).
(D) DUTIES
WITH
RESPECT
TO
FOSTER
CARE.—In carrying out the duties described in
subparagraph (A)(vii), the Director of the Of-
fice of Children’s Affairs shall assess the extent
to which it is cost-effective to use the refugee
children foster care system for the placement of
unaccompanied alien children.
(3) RULE OF CONSTRUCTION.—Nothing in this
subsection may be construed to transfer the respon-
sibility for adjudicating benefit determinations under
the Immigration and Nationality Act (8 U.S.C. 1101
et seq.) from the authority of any official of the Of-
fice of the Associate Attorney General for Immigra-
tion Affairs, the Bureau of Citizenship and Immi-
gration Services, the Bureau of Immigration En-
forcement, the Executive Office of Immigration Re-
view, or the Department of State.
(4) DEFINITION.—As used in this subsection—
(A) the term ‘‘placement’’ means the place-
ment of an unaccompanied alien child in either
a detention facility or an alternative to such a
facility; and
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(B) the term ‘‘unaccompanied alien child’’
means a child who—
(i) has no lawful immigration status
in the United States;
(ii) has not attained 18 years of age;
and
(iii) with respect to whom—
(I) there is no parent or legal
guardian in the United States; or
(II) no parent or legal guardian
in the United States is available to
provide care and physical custody.
(h) TRANSFER OF FUNCTIONS OF OFFICE OF IMMI-
GRATION LITIGATION.—There are transferred from the
Assistant Attorney General, Civil Division, to the Asso-
ciate Attorney General for Immigration Affairs all func-
tions performed by the Office of Immigration Litigation,
and all personnel, infrastructure, and funding provided to
the Assistant Attorney General, Civil Division, in support
of such functions, immediately before the effective date
specified in section 17(a). The Associate Attorney General
for Immigration Affairs may, in the Associate Attorney
General’s discretion, charge the General Counsel to the
Associate Attorney General for Immigration Affairs with
such functions.
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(i) EMPLOYEE DISCIPLINE FOR WILLFUL DECEIT.—
The Associate Attorney General for Immigration Affairs
may, notwithstanding any other provision of law, impose
disciplinary action, including termination of employment,
pursuant to policies and procedures applicable to employ-
ees of the Federal Bureau of Investigation, on any em-
ployee of the Office of the Associate Attorney General for
Immigration Affairs, the Bureau of Citizenship and Immi-
gration Services, or the Bureau of Immigration Enforce-
ment who willfully deceives the Congress or agency leader-
ship on any matter.
(j) REFERENCES.—With respect to any function
transferred by this section or Act to, and exercised on or
after the effective date specified in section 17(a) by, the
Associate Attorney General for Immigration Affairs or any
other official whose functions are described in this section,
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 Associate Attorney General for Immigra-
tion Affairs; or
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(2) to such component is deemed to refer to the
Office of the Associate Attorney for Immigration Af-
fairs.
SEC. 4. 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) DIRECTOR.—The head of the Bureau of
Citizenship and Immigration Services shall be the
Director of the Bureau of Citizenship and Immigra-
tion Services, 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 Citizenship and Immigration Services—
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(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 Citi-
zenship and Immigration Services that may af-
fect the Bureau of Immigration Enforcement,
including potentially conflicting policies or oper-
ations;
(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.
(4) STUDENT VISA PROGRAMS.—The Director
of the Bureau of Citizenship and Immigration Serv-
ices shall designate an official to be responsible for
administering student visa programs and the Stu-
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dent and Exchange Visitor Information System es-
tablished under section 641 of the Illegal Immigra-
tion Reform and Immigrant Responsibility Act of
1996 (8 U.S.C. 1372), and successor programs and
systems, until September 30, 2004. The Director
may continue such policy after September 30, 2004,
at the Director’s discretion. The Director shall pro-
vide any information collected by the Student and
Exchange Visitor Information System to the Direc-
tor of the Bureau of Immigration Enforcement that
is necessary for the performance of the functions of
the Bureau of Immigration Enforcement.
(5) MANAGERIAL ROTATION PROGRAM.—
(A) IN GENERAL.—Not later than 1 year
after the effective date specified in section
18(a), the Director of the Bureau of 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—
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(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 17(a), the
Attorney General shall submit a report to the
Congress on the implementation of such pro-
gram.
(6) PILOT
INITIATIVES
FOR
BACKLOG
ELIMI-
NATION.—The Director of the Bureau of Citizenship
and Immigration Services is authorized to implement
innovative pilot initiatives to eliminate any remain-
ing backlog in the processing of immigration benefit
applications, and to prevent any backlog in the proc-
essing of such applications from recurring, in ac-
cordance with section 204(a) of the Immigration
Services and Infrastructure Improvements Act of
2000 (8 U.S.C. 1573(a)). Such initiatives may in-
clude measures such as increasing personnel, trans-
ferring personnel to focus on areas with the largest
potential for backlog, and streamlining paperwork.
(b) TRANSFER
OF
FUNCTIONS
FROM
COMMIS-
SIONER.—There are transferred from the Commissioner
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of the Immigration and Naturalization Service to the Di-
rector of the Bureau of Citizenship and Immigration Serv-
ices the following functions, and all personnel, infrastruc-
ture, and funding provided to the Commissioner in sup-
port of such functions immediately before the effective
date specified in section 17(a):
(1) Adjudications of nonimmigrant and immi-
grant 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 17(a).
(c) OFFICE OF POLICY AND STRATEGY.—There is es-
tablished in the Bureau of Citizenship and Immigration
Services 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 Citizenship and Immigra-
tion Services 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;
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(2) performing policy research and analysis on
immigration services issues; and
(3) coordinating immigration policy issues with
the Chief of the Office of Policy and Strategy for the
Bureau of Immigration Enforcement and the Asso-
ciate Attorney General for Immigration Affairs
through the Policy Advisor for the Associate Attor-
ney General for Immigration Affairs, as appropriate.
(d) LEGAL ADVISOR.—There may be a position of
Legal Advisor for the Bureau of Citizenship and Immigra-
tion Services.
(e) CHIEF BUDGET OFFICER FOR BUREAU OF CITI-
ZENSHIP AND IMMIGRATION SERVICES.—There shall be a
position of Chief Budget Officer for the Bureau of Citizen-
ship and Immigration Services. The Chief Budget Officer
shall be responsible for formulating and executing the
budget of the Bureau of Citizenship and Immigration
Services. The Chief Budget Officer shall report to the Di-
rector of the Bureau of Citizenship and Immigration Serv-
ices and shall provide information to, and coordinate reso-
lution of relevant issues with, the Chief Financial Officer
for the Associate Attorney General for Immigration Af-
fairs.
(f) OFFICE
OF
CONGRESSIONAL, INTERGOVERN-
MENTAL, AND PUBLIC AFFAIRS.—There is established in
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the Bureau of Citizenship and Immigration Services 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.
(g) OFFICE OF CITIZENSHIP.—There is established
in the Bureau of Citizenship and Immigration Services an
office to be known as the ‘‘Office of Citizenship’’. The
head of such office shall be the Chief of the Office of Citi-
zenship. The Chief shall be responsible for promoting in-
struction and training on citizenship responsibilities for
aliens interested in becoming naturalized citizens of the
United States, including the development of educational
materials.
(h) SECTORS.—Headed by sector directors, and lo-
cated in appropriate geographic locations, sectors of the
Bureau of Citizenship and Immigration Services shall be
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responsible for directing all aspects of the operations of
the Bureau of Citizenship and Immigration Services with-
in their assigned geographic areas of activity. Sector direc-
tors shall provide general guidance and supervision to the
field offices of the Bureau of Citizenship and Immigration
Services within their sectors.
(i) FIELD OFFICES.—Headed by field directors, who
may be assisted by deputy field directors, field offices of
the Bureau of Citizenship and Immigration Services shall
be responsible for assisting the Director of the Bureau of
Citizenship and Immigration Services in carrying 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 outside of the United
States shall be subject to the general supervision and di-
rection of the Director of the Bureau of Citizenship and
Immigration Services. All field directors shall remain ac-
countable to, and receive their authority from, the Direc-
tor of the Bureau of Citizenship and Immigration Serv-
ices, in order to ensure consistent application and imple-
mentation of policies nationwide.
(j) SERVICE CENTERS.—Headed by service center di-
rectors, service centers of the Bureau of Citizenship and
Immigration Services shall be responsible for assisting the
Director of the Bureau of Citizenship and Immigration
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Services 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 Citizenship and Immigration Services, 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
Citizenship and Immigration Services may, in the Direc-
tor’s discretion, transfer or remove any sector director,
field director, or service center director.
(l) MISSION.—It shall be the mission of the field of-
fices and service centers of the Bureau of Citizenship and
Immigration Services to directly and consistently follow all
instructions and guidelines of the Director of the Bureau
of Citizenship and Immigration Services and the Associate
Attorney General for Immigration Affairs in order to en-
sure the development of a cohesive and consistent national
immigration policy.
(m) REFERENCES.—With respect to any function
transferred by this section or Act to, and exercised on or
after the effective date specified in section 17(a) by, the
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Director of the Bureau of 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 Director of the Bureau of Citizenship
and Immigration Services; or
(2) to such component is deemed to refer to the
Bureau of Citizenship and Immigration Services.
SEC. 5. OFFICE OF THE OMBUDSMAN.
(a) FUNCTIONS.—It shall be the function of the Of-
fice of the Ombudsman established under section 3—
(1) to assist individuals and employers in re-
solving problems with the Bureau of Citizenship and
Immigration Services;
(2) to identify areas in which individuals and
employers have problems in dealing with the Bureau
of Citizenship and Immigration Services;
(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.
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(b) 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
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
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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
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, Associate Attorney Gen-
eral for Immigration Affairs, any other officer or
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employee of the Department 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 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
(4) shall meet regularly with the Director of the
Bureau of Citizenship and Immigration Services to
identify serious service problems and to present rec-
ommendations for such 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—
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(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.
(e) RESPONSIBILITIES OF BUREAU OF CITIZENSHIP
AND IMMIGRATION SERVICES.—The Director of the Bu-
reau of Citizenship and Immigration Services shall estab-
lish 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 the
delegate thereof;
(B) may consult with the appropriate su-
pervisory personnel of the Bureau of Citizen-
ship and Immigration Services regarding the
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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 Office of the Associate Attorney General
for Immigration Affairs and report directly 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.
(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.
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SEC. 6. ESTABLISHMENT OF BUREAU OF IMMIGRATION EN-
FORCEMENT.
(a) ESTABLISHMENT OF BUREAU.—
(1) IN GENERAL.—There is established in the
Department of Justice a bureau to be known as the
‘‘Bureau of Immigration Enforcement’’.
(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-
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gration Enforcement that may affect the Bu-
reau of Citizenship and Immigration Services,
including potentially conflicting policies or oper-
ations.
(4) MANAGERIAL ROTATION PROGRAM.—
(A) IN GENERAL.—Not later than 1 year
after the effective date specified in section
17(a), the Director of the Bureau of Immigra-
tion Enforcement shall design and implement a
managerial rotation program under which em-
ployees of such bureau holding positions involv-
ing supervisory or managerial responsibility 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 border patrol sector of such bu-
reau.
(B) REPORT.—Not later than 2 years after
the effective date specified in section 17(a), the
Attorney General shall submit a report to the
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Congress on the implementation of such pro-
gram.
(b) TRANSFER OF FUNCTIONS.—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 immediately before the effective date speci-
fied in section 17(a):
(1) The Border Patrol program.
(2) The detention and removal program.
(3) The intelligence program.
(4) The investigations program.
(5) The inspections program.
(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;
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(2) performing policy research and analysis on
immigration enforcement issues; and
(3) coordinating immigration policy issues with
the Chief of the Office of Policy and Strategy for the
Bureau of Citizenship and Immigration Services and
the Associate Attorney General for Immigration Af-
fairs through the Policy Advisor for the Associate
Attorney General for Immigration Affairs, as appro-
priate.
(d) LEGAL ADVISOR.—There may be a position of
Legal Advisor for the Bureau of Immigration Enforce-
ment.
(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 Associate Attorney General for Im-
migration Affairs.
(f) OFFICE
OF
CONGRESSIONAL, INTERGOVERN-
MENTAL, AND PUBLIC AFFAIRS.—There is established in
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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.
(g) 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 operations of the Bureau
of Immigration Enforcement within their assigned geo-
graphic areas of activity. Sector directors shall provide
general guidance and supervision to the field offices of the
Bureau of Immigration Enforcement within their sectors.
(h) FIELD OFFICES.—Headed by field directors, who
may be assisted by deputy field directors, field offices of
the Bureau of Immigration Enforcement shall be respon-
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sible for assisting the Director of the Bureau of Immigra-
tion Enforcement in carrying 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 outside of the United States shall be
subject to the general supervision and direction of the Di-
rector of the Bureau of Immigration Enforcement. All
field directors shall remain accountable to, and receive
their authority from, the Director of the Bureau of Immi-
gration Enforcement, in order to ensure consistent appli-
cation and implementation of policies nationwide. There
shall be a field office of the Bureau of Immigration En-
forcement situated in at least every location where there
is situated a field office of the Bureau of Citizenship and
Immigration Services.
(i) BORDER PATROL SECTORS.—Headed by chief pa-
trol agents, who may be assisted by deputy chief patrol
agents, border patrol sectors of the Bureau of Immigra-
tion Enforcement shall be responsible for the enforcement
of the Immigration and Nationality Act (8 U.S.C. 1101
et seq.) 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 another immigration official or class of immi-
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gration officer. Chief patrol agents are subject to the gen-
eral supervision and direction of their respective sector di-
rector, 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.
(j) TRANSFER AND REMOVAL.—Notwithstanding any
other provision of law, the Director of the Bureau of Im-
migration Enforcement may, in the Director’s discretion,
transfer or remove any sector director, field director, or
chief patrol officer.
(k) REFERENCES.—With respect to any function
transferred by this section or Act to, and exercised on or
after the effective date specified in section 17(a) 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 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
Enforcement; or
(2) to such component is deemed to refer to the
Bureau of Immigration Enforcement.
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SEC.
7. OFFICE OF IMMIGRATION STATISTICS WITHIN
BUREAU 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.
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 Office of the Associate Attorney
General for Immigration Affairs, the Bureau of Citi-
zenship and Immigration Services, the Bureau of
Immigration Enforcement, and the Executive Office
for Immigration Review. Such statistical information
shall include information and statistics of the type
contained in the publication entitled ‘Statistical
Yearbook of the Immigration and Naturalization
Service’ prepared by the Immigration and Natu-
ralization Service (as in effect on the day prior to
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the effective date specified in section 17(a) of the
Barbara Jordan Immigration Reform and Account-
ability Act of 2002), including region-by-region sta-
tistics on the aggregate number of applications and
petitions filed by an alien (or filed on behalf of an
alien) and denied by such offices and bureaus, and
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 Office of the Associate Attorney General for Im-
migration Affairs, the Bureau of Citizenship and
Immigration Services, the Bureau of Immigration
Enforcement, and the Executive Office for Immigra-
tion Review.
‘‘(c) The Office of the Associate Attorney General for
Immigration Affairs, the Bureau of Citizenship and Immi-
gration Services, the Bureau of Immigration Enforcement,
and the Executive Office for Immigration Review shall
provide statistical information to the Office of Immigra-
tion Statistics from the operational data systems con-
trolled by the Office of the Associate Attorney General for
Immigration Affairs, the Bureau of Citizenship and Immi-
gration Services, the Bureau of Immigration Enforcement,
and the Executive Office for Immigration Review, respec-
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tively, 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 by the Statistics Branch of the Office of
Policy and Planning of the Immigration and Naturaliza-
tion Service on the day before the effective date specified
in section 17(a).
(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
about immigration in the United States, including
information and statistics involving the functions of
the Office of the Associate Attorney General for Im-
migration Affairs, the Bureau of Citizenship and
Immigration Services, the Bureau of Immigration
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Enforcement, and the Executive Office for Immigra-
tion Review.’’.
SEC. 8. EXERCISE OF AUTHORITIES.
(a) IN GENERAL.—Except as otherwise provided by
law, a Federal official to whom a function is transferred
by this Act may, for purposes of performing the function,
exercise all authorities under any other provision of law
that were available with respect to the performance of that
function to the official responsible for the performance of
the function immediately before the effective date specified
in section 17(a).
(b) PRESERVATION OF ATTORNEY GENERAL’S AU-
THORITY.—
(1) IN GENERAL.—Any function for which this
Act vests responsibility in an official other than the
Attorney General, or which is transferred by this Act
to such an official, may, notwithstanding any provi-
sion of this Act, be performed by the Attorney Gen-
eral, or the Attorney General’s delegate, in lieu of
such official.
(2) REFERENCES.—In a case in which the At-
torney General performs a function described in
paragraph (1), any reference in any other Federal
law, Executive order, rule, regulation, document, or
delegation of authority to the official otherwise re-
HR 3231 RFS
sponsible for the function is deemed to refer to the
Attorney General.
(c) 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 Department Basic Authorities Act
of 1956 (22 U.S.C. 2651 note), the Immigration and Na-
tionality Act (8 U.S.C. 1101 et seq.), or any other Act,
to investigate illegal passport or visa issuance or use.
SEC. 9. 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
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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.
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(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 Act, 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 (or an amendment made by this Act) such func-
tion 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, substituted 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
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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 this Act.
SEC. 10. 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 Citizenship and Immigration Services 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 or the Office of Immigration Litigation of the Civil
Division in connection with the functions transferred by
this Act, subject to section 202 of the Budget and Ac-
counting Procedures Act of 1950, shall be transferred to
the Associate Attorney General for Immigration Affairs
for allocation to the appropriate component or bureau.
Unexpended funds transferred pursuant to this subsection
shall be used only for the purposes for which the funds
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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 effective date specified in
section 17(a).
(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 Citizenship
and Immigration Services, and the Director of the Bureau
of Immigration Enforcement, the person to whom func-
tions are transferred under this Act may delegate any of
the functions so transferred to such officers and employees
of the Office of the Associate Attorney General for Immi-
gration Affairs, the Bureau of Citizenship and Immigra-
tion Services, or the Bureau of Immigration Enforcement,
respectively, as the person may designate, and may au-
thorize 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 trans-
ferred under this Act of responsibility for the administra-
tion of the function.
(c) AUTHORITIES OF ATTORNEY GENERAL.—The At-
torney General (or a delegate of the Attorney General),
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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 databases
of the Office of the Associate Attorney General for Immi-
gration Affairs and those of the Bureau of Citizenship and
Immigration Services and the Bureau of Immigration En-
forcement are integrated with the databases of the Execu-
tive Office for Immigration Review in such a way as to
permit—
(1) the electronic docketing of each case by date
of service upon the 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,
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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 Bu-
reau of Citizenship and Immigration Services, the
Bureau of Immigration Enforcement, or the Execu-
tive Office for Immigration Review.
SEC. 11. 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;
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(B) the Office of Immigration Litigation of
the Civil Division;
(C) the Office of the Associate Attorney
General for Immigration Affairs;
(D) the Bureau of Immigration Enforce-
ment; and
(E) the Bureau of Citizenship and Immi-
gration Services; and
(3) the term ‘‘transfer date’’ means the date on
which the transfer of functions specified under this
Act takes effect.
(b) STRATEGIC RESTRUCTURING PLAN.—Before ob-
ligating any resources for voluntary separation incentive
payments under this section, the Attorney General shall
submit to the appropriate committees of Congress a stra-
tegic 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).
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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-
priations, Governmental Affairs, and the Judiciary of the
Senate.
(c) AUTHORITY.—The Attorney General may, to the
extent necessary to help carry out the strategic restruc-
turing plan described in subsection (b), make voluntary
separation incentive payments to employees. Any such
payment—
(1) shall be paid to the employee, in a lump
sum, after the employee has separated from service;
(2) shall be paid from appropriations or funds
available for the payment of basic pay of the 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;
(4) may not be made except in the case of any
qualifying 
employee 
who 
voluntarily 
separates
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(whether by retirement or resignation) before the
end of—
(A) the 3-month period beginning on the
date on which such payment is offered or made
available to such employee; or
(B) the 3-year period beginning on the
date of the enactment of this Act,
whichever occurs first;
(5) shall not be a basis for payment, and shall
not be included in the computation, of any other
type of Government benefit; and
(6) shall not be taken into account in 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 shall, for each fiscal year with re-
spect to which it makes any voluntary separation in-
centive payments under this section, remit to the Of-
fice of Personnel Management for deposit in the
Treasury of the United States to the credit of the
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Civil Service Retirement and Disability Fund the
amount required under paragraph (2).
(2) AMOUNT REQUIRED.—The amount required
under this paragraph shall, for any fiscal year, be
the amount under subparagraph (A) or (B), 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
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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 Associate Attorney General for
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Immigration Affairs (for transfer to the appropriate com-
ponent of the Department of Justice, 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. 12. AUTHORITY TO CONDUCT A DEMONSTRATION
PROJECT RELATING TO DISCIPLINARY AC-
TION.
(a) IN GENERAL.—The Attorney General may, dur-
ing a period ending not later than 5 years after the date
of the enactment of this Act, conduct a demonstration
project for the purpose of determining whether one or
more changes in the policies or procedures relating to
methods for disciplining employees would result in im-
proved personnel management.
(b) SCOPE.—The demonstration project—
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(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 shall be required to pro-
vide for the expeditious, fair, and independent review
of any action to which section 4303 or subchapter
II of chapter 75 of such title 5 would otherwise
apply (except an action described in section 7512(5)
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
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)
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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-
ation. Upon request, the Attorney General shall furnish
such information as the General Accounting Office may
require to carry out this subsection.
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(g) DEFINITIONS.—In this section—
(1) the term ‘‘Attorney General’’ means the At-
torney General or his designee; and
(2) the term ‘‘covered entity’’ has the meaning
given such term in section 11(a)(2).
SEC. 13. AUTHORIZATION OF APPROPRIATIONS; PROHIBI-
TION ON TRANSFER OF FEES; LEASING OR
ACQUISITION OF PROPERTY; 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 Office of
the Associate Attorney General for Immigration Af-
fairs, the Bureau of Citizenship and Immigration
Services, and the Bureau of Immigration Enforce-
ment and their components, and the transfers of
functions required to be made under this Act (and
the amendments made by this Act), and to carry out
any other duty related to the reorganization of the
immigration and naturalization functions that is
made necessary by this Act (or any such amend-
ment).
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(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
specified 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 Citizenship and Immi-
gration Services and the Bureau of Immigration En-
forcement.