I
107TH CONGRESS
1ST SESSION
H. R. 1562
A bill to replace the Immigration and Naturalization Service with the Office
of the Associate Attorney General for Immigration Affairs, the Bureau
of Immigration Services, and the Bureau of Immigration Enforcement,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL 24, 2001
Ms. JACKSON-LEE of Texas introduced the following bill; which was referred
to the Committee on the Judiciary, and in addition to the Committee on
Government Reform, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned
A BILL
A bill to replace the Immigration and Naturalization Service
with the Office of the Associate Attorney General for
Immigration Affairs, the Bureau of Immigration Serv-
ices, and the Bureau of Immigration Enforcement, and
for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Immigration Restruc-
turing and Accountability Act of 2001’’.
SEC. 2. ESTABLISHMENT OF OFFICE OF THE ASSOCIATE AT-
TORNEY GENERAL FOR IMMIGRATION AF-
FAIRS.
(a) OFFICE OF ASSOCIATE ATTORNEY 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 FOR IMMI-
GRATION AFFAIRS.—The head of the Office of the
Associate Attorney General for Immigration Affairs
shall be the Associate Attorney General for Immi-
gration Affairs who—
(A) shall be appointed by the President, by
and with the advice and consent of the Senate;
(B) shall conduct inspections at ports of
entry into the United States; and
(C) shall report directly to the Attorney
General or the Attorney General’s designate.
(3) COMPENSATION.—The Associate Attorney
General for Immigration Affairs shall be paid at the
rate of basic pay payable for level IV of the Execu-
tive Schedule (as listed in section 5315 of title 5,
United States Code).
(4) FUNCTIONS.—The Associate Attorney Gen-
eral for Immigration Affairs—
(A) shall supervise and coordinate the
functions performed by the Director of the Bu-
reau of Immigration Services established under
section 3 and the Director of the Bureau of Im-
migration Enforcement established under sec-
tion 4;
(B) shall be charged with any additional
responsibilities and authority in the administra-
tion of the Office of the Associate Attorney
General for Immigration Affairs and of the Im-
migration and Nationality Act which are con-
ferred upon the Attorney General as may be
delegated to the Associate Attorney General for
Immigration Affairs by the Attorney General or
which may be prescribed by the Attorney Gen-
eral; and
(C) shall perform such other functions as
are otherwise vested in the Associate Attorney
General for Immigration Affairs by law.
(b) COUNSEL.—There shall be a position of Counsel
to the Associate Attorney General for Immigration Affairs
and this position shall be a career reserved position within
the Senior Executive Service. The Counsel shall have such
authorities and functions as may be delegated to the
Counsel by the Associate Attorney General for Immigra-
tion Affairs or which may be prescribed by the Associate
Attorney General for Immigration Affairs.
(c) CHIEF FINANCIAL OFFICER.—There shall be a
position of Chief Financial Officer for the Office of the
Associate Attorney General for Immigration Affairs and
this position shall be a career reserved position within the
Senior Executive Service and shall have the authorities
and functions described in section 902 of title 31, United
States Code, in relation to financial activities of such of-
fice. The provisions of section 903 of such title (relating
to Deputy Chief Financial Officers) shall also apply to
such office in the same manner as the previous sentence
applies to such office.
(d) OFFICE OF SHARED SERVICES.—There is estab-
lished in the Office of the Associate Attorney General for
Immigration Affairs an office to be known as the Office
of Shared Services. The head of the Office of Shared Serv-
ices shall be the Chief of the Office of Shared Services.
This position shall be a career-reserved position within the
Senior Executive Service. The Chief of the Office of
Shared Services shall be responsible for the appropriate
allocation and coordination of resources involved in sup-
porting shared support functions for the Office of the As-
sociate Attorney General, the Bureau of Immigration
Services, and the Bureau of Immigration Enforcement.
(e) OFFICE OF IMMIGRATION QUALITY ASSURANCE,
PROFESSIONAL RESPONSIBILITY, AND CUSTOMER SERV-
ICE.—
(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 Immigration Quality Assurance, Professional Re-
sponsibility, and Customer Service (in this sub-
section referred to as the ‘‘Office’’).
(2) DIRECTOR.—
(A) APPOINTMENT.—The Office shall be
headed by a Director, who shall be appointed by
the Associate Attorney General for Immigration
Affairs and without regard to the provisions of
title 5, United States Code, relating to appoint-
ments in the competitive service of the Senior
Executive Service. The Director shall report di-
rectly to the Associate Attorney General for Im-
migration Affairs.
(B) COMPENSATION.—The Director shall
be paid at the rate of basic pay payable for level
IV of the Executive Schedule (as listed in sec-
tion 5315 of title 5, United States Code).
(3) FUNCTIONS OF OFFICE.—The functions of
the Office of Immigration Quality Assurance, Pro-
fessional Responsibility, and Customer Service shall
include the following:
(A) QUALITY ASSURANCE.—
(i) To ensure that national policies
are correctly implemented.
(ii) To determine whether policies or
practices result in poor file management,
inefficient utilization of computer and
other technological resources, or poor or
inaccurate service.
(iii) To report findings recommending
corrective action to the Associate Attorney
General for Immigration Affairs.
(B) PROFESSIONAL RESPONSIBILITY.—
(i) To train all enforcement personnel
on civil rights.
(ii) To receive charges of misconduct
or ill treatment made by the public, to in-
vestigate such charges, and to provide an
appropriate remedy or disposition of them.
(C) CUSTOMER SERVICE.—
(i) To assist individuals in resolving
service or case problems with the Bureau
of Immigration services established under
section 3 or the Bureau of Immigration
Enforcement established under section 4.
(ii) To identify areas in which individ-
uals have problems in dealings with the
Bureau of Immigration Services or the Bu-
reau of Immigration Enforcement.
(iii) To the extent possible, to propose
changes in the administrative practices of
the two bureaus to mitigate problems iden-
tified under clause (ii).
(iv) To monitor the coverage and geo-
graphic allocation of local offices of the 2
bureaus.
(v) To ensure that the local telephone
number for each local office of each bureau
is published and available to individuals
served by the office.
(D) COORDINATION.—To coordinate the
functions performed by, and resolve any dispute
between, the Office of Children’s Affairs of the
Bureau of Immigration Services and the Office
of Children’s Affairs of the Bureau of Immigra-
tion Enforcement.
(4) PERSONNEL ACTIONS.—The Director shall
have the responsibility and authority to appoint local
or regional representatives of the Office as in the
Director’s judgment may be necessary to address
and rectify serious service and training problems.
(5) RESPONSIBILITIES OF THE ASSOCIATE AT-
TORNEY
GENERAL
FOR
IMMIGRATION
AFFAIRS.—
The Associate Attorney General for Immigration Af-
fairs shall establish procedures requiring a formal
response to all recommendations submitted by the
Director within three months after submission of the
Director’s reports or recommendations. The Asso-
ciate Attorney General shall meet regularly with the
Director to identify and correct serious service and
training problems.
(6) ANNUAL REPORTS.—
(A) OBJECTIVES.—Not later than June 30
of each calendar year, the Director shall report
to the Committee on the Judiciary of the House
of Representatives and the Committee on the
Judiciary of the Senate on the objectives of the
Office for the fiscal year beginning in such cal-
endar year. Any such report shall contain full
and substantive analysis, in addition to statis-
tical information.
(B) ACTIVITIES.—Not later than Decem-
ber 31 of each calendar year, the Director shall
submit a report to the Committee on the Judi-
ciary of the House of Representatives and the
Committee on the Judiciary of the Senate on
the activities of the Office during the fiscal year
ending in that calendar year. Any such report
shall contain a full and substantive analysis, in
addition to statistical information, and shall—
(i) identify the initiatives the Office
has taken on improving services and the
responsiveness of the Bureau of Immigra-
tion Services and the Bureau of Immigra-
tion Enforcement;
(ii) contain a summary of the most se-
rious service problems encountered by indi-
viduals, including a description of the na-
ture of such problems;
(iii) contain an inventory of the items
described in clauses (i) and (ii), the status
of any actions taken or not taken regard-
ing them, the result of such actions, and
the reasons why no actions were taken,
where applicable;
(iv) contain recommendations as may
be appropriate to resolve problems encoun-
tered by individuals; and
(v) include such other information as
the Director may deem advisable.
(f) REFERENCES.—With respect to any function
transferred from the Commissioner of the Immigration
and Naturalization Service by this section or Act to, and
exercised on or after the effective date of this section by,
the Office of the Associate Attorney General for Immigra-
tion Affairs, reference in any other Federal law, Executive
order, rule, regulation, or delegation of authority, or any
document of or pertaining to an office from which a func-
tion is so transferred—
(1) to the head of such office is deemed to refer
to the Associate Attorney General for Immigration
Affairs; or
(2) to such office is deemed to refer to the Of-
fice of the Associate Attorney General for Immigra-
tion Affairs.
SEC. 3. ESTABLISHMENT OF BUREAU OF 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 Immigration Services (in this section re-
ferred to as the ‘‘Service Bureau’’).
(2) DIRECTOR.—The head of the Service Bu-
reau shall be the Director of the Bureau of Immi-
gration Services who—
(A) shall be appointed by the Attorney
General; and
(B) shall report directly to the Associate
Attorney General for Immigration Affairs or
such person’s delegate.
(3) COMPENSATION.—Such Director shall be
paid at the rate of basic pay payable for level IV of
the Executive Schedule (as listed in section 5315 of
title 5, United States Code).
(4) FUNCTIONS.—
(A) IN
GENERAL.—Such Director shall
perform such functions as are transferred to
the Director by this section or this Act or oth-
erwise vested in the Director by law.
(B) PROTECTION
AGAINST
PROCESSING
DELAYS.—
(i) IN GENERAL.—It is the sense of
the Congress that such Director should de-
velop, implement, and maintain procedures
to ensure, to the extent practicable, that
all complete applications for a benefit
under the Immigration and Nationality Act
are granted or denied within a reasonable
period of time after their submission, such
as the following periods:
(I) In the case of a petition to
accord 
status 
under 
section
201(b)(2)(A)(i), or subsection (a), (b),
or (c) of section 203, of the Immigra-
tion and Nationality Act, 60 days.
(II) In the case of an application
for adjustment of status under section
245 of the Immigration and Nation-
ality Act, 180 days.
(III) In the case of a petition to
accord or extend status under section
101(a)(15) of the Immigration and
Nationality Act, 30 days.
(IV) In the case of an application
to accord benefits under section 301
of the Immigration and Nationality
Act, 90 days.
(V) In the case of an application
to 
accord 
status 
under 
section
207(c)(2) of the Immigration and Na-
tionality Act to the spouse or child of
a refugee admitted under section
207(c)(1) of such Act, or to accord
status under section 208(b)(3) of such
Act to the spouse or child of an alien
granted 
asylum 
under 
section
208(b)(1) of such Act, 60 days.
(VI) In the case of an application
for issuance of documents evidencing
employment authorization, 30 days.
(VII) In the case of a petition
under section 216 of the Immigration
and Nationality Act to remove the
conditions on permanent resident sta-
tus for certain alien spouses, sons,
and daughters, 90 days.
(VIII) In the case of a petition
under section 216A of the Immigra-
tion and Nationality Act to remove
the conditions on permanent resident
status for certain alien entrepreneurs,
spouses, sons, and daughters, 90
days.
(IX) In the case of an application
for registration for temporary pro-
tected status under section 244 of the
Immigration and Nationality Act, 60
days.
(ii) AUTHORIZATION
OF
APPROPRIA-
TIONS.—There are authorized to be appro-
priated such sums are may be necessary
for fiscal years 2002 through 2004 to re-
duce any backlog in processing and adjudi-
cating pending—
(I) applications for naturalization
under section 308 under the Immigra-
tion and Nationality Act;
(II) applications for adjustments
of status under sections 245 and 209
of such Act;
(III) petitions for nonimmigrant
visas under section 214 of such Act;
(IV) applications for immigrant
visas under section 222 of such Act;
(V) applications for asylum under
section 208 of such Act; and
(VI) petitions for temporary pro-
tected status under section 244 of
such Act.
(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 Services 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 of this sec-
tion:
(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 under the Immigra-
tion and Nationality Act performed by the Immigra-
tion and Naturalization Service as of the date of the
enactment of this Act.
(c) OFFICE OF CHILDREN’S AFFAIRS.—Within the
Service Bureau, there shall be an Office of Children’s Af-
fairs. The head of such office shall be the Deputy Director
for Children’s Affairs, who shall be charged with any and
all responsibilities and authority relating to the special
needs of children which are conferred upon the Director
of the Service Bureau as may be delegated to the Deputy
Director by the Director, or which may be prescribed by
the Associate Attorney General for Immigration Affairs.
(d) REFERENCES.—With respect to any function
transferred from the Commissioner of the Immigration
and Naturalization Service by this section or Act to, and
exercised on or after the effective date of this section by,
the Services Bureau, reference in any other Federal law,
Executive order, rule, regulation, or delegation of author-
ity, or any document of or pertaining to an office from
which a function is so transferred—
(1) to the head of such office is deemed to refer
to the Director of the Bureau of Immigration Serv-
ices; or
(2) to such office is deemed to refer to the
Services Bureau.
SEC. 4. 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 (in this section
referred to as the ‘‘Enforcement Bureau’’).
(2) DIRECTOR.—The head of the Enforcement
Bureau shall be the Director of the Bureau of Immi-
gration Enforcement who—
(A) shall be appointed by the Attorney
General; and
(B) shall report directly to the Associate
Attorney General for Immigration Affairs or
such person’s delegate.
(3) COMPENSATION.—Such Director shall be
paid at the rate of basic pay payable for level IV of
the Executive Schedule (as listed in section 5315 of
title 5, United States Code).
(4) FUNCTIONS.—Such Director shall perform
such functions as are transferred to the Director by
this section or Act or otherwise vested in the Direc-
tor by law.
(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 of
this section:
(1) The Border Patrol program.
(2) The detention and deportation program.
(3) The intelligence program.
(4) The investigations program.
(c) OFFICE OF CHILDREN’S AFFAIRS.—Within the
Enforcement Bureau, there shall be an Office of Chil-
dren’s Affairs. The head of such office shall be the Deputy
Director for Children’s Affairs, who shall be charged with
any and all responsibilities and authority relating to the
special needs of children which are conferred upon the Di-
rector of the Enforcement Bureau as may be delegated
to the Deputy Director by the Director, or which may be
prescribed by the Associate Attorney General for Immigra-
tion Affairs.
(d) REFERENCES.—With respect to any function
transferred from the Commissioner of the Immigration
and Naturalization Service by this section or Act to, and
exercised on or after the effective date of this section by,
the Director of the Bureau of Immigration Enforcement,
any reference in any other Federal law, Executive order,
rule, regulation, or delegation of authority, or any docu-
ment of or pertaining to an office from which a function
is so transferred—
(1) to the head of such office is deemed to refer
to the Director of the Bureau of Immigration En-
forcement; or
(2) to such office is deemed to refer to the En-
forcement Bureau.
SEC. 
5. 
APPLICATION 
OF 
INTERNET 
BASED 
TECH-
NOLOGIES.
(a) ESTABLISHMENT OF A TRACKING SYSTEM.—The
Attorney General and the Secretary of Labor, not later
than 1 year after the date of the enactment of this Act,
in consultation with the Technology Advisory Committee
established under subsection (c), shall establish an Inter-
net web-based system, that will permit a person, employer,
immigrant, or nonimmigrant who has filings with the At-
torney General or such Secretary for any benefit under
the Immigration and Nationality Act, access to online in-
formation about the processing status of the filing in-
volved.
(b) FEASIBILITY STUDY FOR ON-LINE FILING AND
IMPROVED PROCESSING.—
(1) ON-LINE FILING.—The Attorney General,
in consultation with the Secretary of Labor, the Sec-
retary of Commerce, and the Technology Advisory
Committee under subsection (c), shall conduct a fea-
sibility study on the on-line filing of the filings de-
scribed in subsection (a). The study shall include an
estimate of the timeframe and cost and shall con-
sider other factors in implementing such a filing sys-
tem, including the feasibility of fee payment on-line.
(2) 
EXAMINATION
OF
IMPROVED
PROC-
ESSING.—The study shall also include a review of
computerization and technology of the Department
of Labor and the Immigration and Naturalization
Service relating to the immigration services and
processing of filings related to immigrant services.
The study shall examine how to meet the goal of
achieving processing of 98 percent of filings for law-
ful permanent resident status within 3 months of
the date on which they are filed and 98 percent of
filings for nonimmigrant status within 1 month of
the date on which they are filed.
(3) REPORT.—A report on the study under this
subsection shall be submitted to the Committees on
the Judiciary of the House of Representatives and
the Senate not later than January 1, 2002.
(c) TECHNOLOGY ADVISORY COMMITTEE.—
(1) ESTABLISHMENT.—The Attorney General,
the Secretary of Labor, and the Secretary of Com-
merce shall jointly establish, not later than 30 days
after the date of the enactment of this Act an advi-
sory committee (in this section referred to as the
‘‘Technology Advisory Committee’’) to assist them
in—
(A) establishing the tracking system under
subsection (a);
(B) conducting the study under subsection
(b); and
(C) establishing a system to verify Internet
recruitment.
The Technology Advisory Committee shall be estab-
lished after consultation with the Committees on the
Judiciary of the House of Representatives and the
Senate.
(2) COMPOSITION.—The Technology Advisory
Committee shall be composed of representatives
from high technology companies capable of estab-
lishing and implementing the system in an expedi-
tious manner, and representatives of persons who
may use the tracking system described in subsection
(a) and the on-line filing system described in sub-
section (b)(1).
SEC. 6. EXERCISE OF AUTHORITIES.
Except as otherwise provided by law, a Federal offi-
cial to whom a function is transferred by this Act may,
for purposes of performing the function, exercise all au-
thorities under any other provision of law that were avail-
able with respect to the performance of that function to
the official responsible for the performance of the function
immediately before the effective date of the transfer of the
function under this Act.
SEC. 7. SAVINGS PROVISIONS.
(a) LEGAL DOCUMENTS.—All orders, determinations,
rules, regulations, permits, grants, loans, contracts, agree-
ments, certificates, licenses, and privileges—
(1) that have been issued, made, granted, or al-
lowed to become effective by the President, the At-
torney General, the Commissioner of the Immigra-
tion and Naturalization Service, their delegates, or
any other Government official, or by a court of com-
petent jurisdiction, in the performance of any func-
tion that is transferred by this Act; and
(2) that are in effect on the effective date of
such transfer (or become effective after such date
pursuant to their terms as in effect on such effective
date);
shall continue in effect according to their terms until
modified, terminated, superseded, set aside, or revoked in
accordance with law by the President, any other author-
ized official, a court of competent jurisdiction, or operation
of law.
(b) PROCEEDINGS.—This Act shall not affect any
proceedings or any application for any benefits, service,
license, permit, certificate, or financial assistance pending
on the effective date in section 14 before an office whose
functions are transferred by this Act, but such proceedings
and applications shall be continued. Orders shall be issued
in such proceedings, 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
proceeding shall continue in effect until modified, termi-
nated, superseded, or revoked by a duly authorized official,
by a court of competent jurisdiction, or by operation of
law. Nothing in this section shall be considered to prohibit
the discontinuance or modification of any such proceeding
under the same terms and conditions and to the same ex-
tent that such proceeding could have been discontinued
or modified if this section had not been enacted.
(c) SUITS.—This Act shall not affect suits com-
menced before the effective date in section 14, 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 such function is transferred to any other officer
or office, then such suit shall be continued with the other
officer or the head of such other office, as applicable, sub-
stituted or added as a party.
(f) ADMINISTRATIVE PROCEDURE AND JUDICIAL RE-
VIEW.—Except as otherwise provided by this Act, any
statutory requirements relating to notice, hearings, action
upon the record, or administrative or judicial review that
apply to any function transferred by this Act shall apply
to the exercise of such function by the head of the office,
and other officers of the office, to which such function is
transferred by such section.
SEC. 8. 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 section (and functions that the Attor-
ney General determines are properly related to the func-
tions of the Office of the Associate Attorney General for
Immigration Affairs, the Bureau of Immigration Services,
or the Bureau of Immigration Enforcement and would, if
so transferred, further the purposes of the respective office
or bureau), and the assets, liabilities, contracts, property,
records, and unexpended balance of appropriations, au-
thorizations, allocations, and other funds employed, held,
used, arising from, available to, or to be made available
to the Immigration and Naturalization Service in connec-
tion with the functions transferred by this Act, subject to
section 202 of the Budget and Accounting Procedures Act
of 1950, shall be transferred to the Office of the Associate
Attorney General for Immigration Affairs for appropriate
allocation by the Associate Attorney General for Immigra-
tion Affairs. Unexpended funds transferred pursuant to
this subsection shall be used only for the purposes for
which the funds were originally authorized and appro-
priated. The Attorney General shall retain the right to ad-
just or realign transfers of funds and personnel effected
pursuant to this Act.
(b) EFFECT ON PERSONNEL.—
(1) EFFECT ON INDIVIDUAL EMPLOYEES.—The
transfer under this Act of full-time personnel (except
special Government employees) and part-time per-
sonnel holding permanent positions shall not cause
any such employee to be separated or reduced in
grade or compensation for 1 year after the date of
transfer.
(2) COMPENSATION LEVELS.—All transfers of
personnel under this Act shall be consistent with em-
ployee pay and grade retention entitlement under
subchapter VI of chapter 53 of title 5, United States
Code, and shall not be reduced for any individual in
a career position in the civil service, as of the date
of the enactment of this Act.
(3) ADOPTION
OF
EXISTING
LABOR
AGREE-
MENTS.—The Office of the Associate Attorney Gen-
eral for Immigration Affairs, the Bureau of Immi-
gration Services, and the Bureau of Immigration
Enforcement shall adopt all labor agreements which
are in effect, as of the day before the effective date
in section 14, with respect to the Immigration and
Naturalization Service. Each such agreement shall
remain in effect for the 2-year period commencing
on such date, unless the agreement provides for a
shorter duration or the parties agree otherwise be-
fore such period ends.
(c) NUMBER OF AUTHORIZED PERSONNEL.—Noth-
ing in this Act shall be interpreted to decrease the number
of authorized positions within each program as it exists
on the date of the enactment of this Act in the Immigra-
tion and Naturalization Service.
(d) DELEGATION AND ASSIGNMENT.—Except as oth-
erwise expressly prohibited by law or otherwise provided
in this Act, the Associate Attorney General for Immigra-
tion Affairs, the Director of the Bureau of Immigration
Services, and the Director of the Bureau of Immigration
Enforcement to whom functions 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 Immigration Affairs, the Bureau of
Immigration Services and the Bureau of Immigration En-
forcement, respectively, as such official may designate,
and may authorize successive redelegations of such func-
tions as may be necessary or appropriate. No delegation
of functions under this subsection or under any other pro-
vision of this Act shall relieve the official to whom a func-
tion is transferred under this Act of responsibility for the
administration of the function.
(e) AUTHORITIES OF ATTORNEY GENERAL.—The At-
torney General (or a delegate of the Attorney General),
at such time or times as the Attorney General (or the dele-
gate) shall provide, may make such determinations as may
be necessary with regard to the functions transferred by
this Act, and make such additional incidental dispositions
of personnel, assets, liabilities, grants, contracts, property,
records, and unexpended balances of appropriations, au-
thorizations, allocations, and other funds held, used, aris-
ing from, available to, or to be made available in connec-
tion with such functions, as may be necessary to carry out
the provisions of this Act. The Attorney General shall pro-
vide for such further measures and dispositions as may
be necessary to effectuate the purposes of this Act.
SEC. 9. STATUTORY CONSTRUCTION.
Nothing in this Act may be construed to preclude or
limit in any way the powers, authorities, or duties of the
Secretary of State and special agents of the Department
of State and the Foreign Service under the State Depart-
ment Basic Authorities Act of 1956, the Immigration and
Nationality Act, or any other Act to investigate illegal
passport or visa issuance or use.
SEC. 10. PERSONNEL FLEXIBILITIES.
(a) 
GENERAL
IMPROVEMENTS
IN
PERSONNEL
FLEXIBILITIES.—Subpart I of part III of title 5, United
States Code, is amended by adding at the end the fol-
lowing chapter:
‘‘CHAPTER 
96—PERSONNEL 
FLEXIBILI-
TIES RELATING TO THE OFFICE OF
THE ASSOCIATE ATTORNEY GENERAL
FOR IMMIGRATION AFFAIRS, THE BU-
REAU 
OF 
IMMIGRATION 
SERVICES,
AND THE BUREAU OF IMMIGRATION
ENFORCEMENT
‘‘Sec.
‘‘9601. Office of the Associate Attorney General for Immigration Affairs, Bu-
reau of Immigration Services, and Bureau of Enforcement per-
sonnel flexibilities.
‘‘9602. Pay authority for critical positions.
‘‘9603. Streamline critical pay authority.
‘‘9604. Recruitment, retention, relocation incentives, and relocation expenses.
‘‘§ 9601. Office of the Associate Attorney General for
Immigration Affairs, Bureau of Immigra-
tion Services, and Bureau of Enforcement
personnel flexibilities
‘‘(a) Any flexibilities provided by sections 9602
through 9604 shall be exercised in a manner consistent
with—
‘‘(1) chapter 23 (relating to merit system prin-
ciples and prohibited personnel practices);
‘‘(2) provisions relating to preference eligibles;
‘‘(3) except as otherwise specifically provided,
section 5307 (relating to the aggregate limitation on
pay);
‘‘(4) except as otherwise specifically provided,
chapter 71 (relating to labor-management relations);
and
‘‘(5) subject to subsections (b) and (c) of sec-
tion 1104, as though such authorities were delegated
to the Attorney General under section 1104(a)(2).
‘‘(b) The Attorney General shall provide the Office
of Personnel Management with any information that Of-
fice requires in carrying out its responsibilities under this
section.
‘‘(c) Employees within a unit to which a labor organi-
zation is accorded exclusive recognition under chapter 71
shall not be subject to any flexibility provided by sections
9602 through 9604.
‘‘§ 9602. Pay authority for critical positions
‘‘(a) When the Attorney General seeks a grant of au-
thority under section 5377 for critical pay for 1 or more
positions at the Office of the Associate Attorney General
for Immigration Affairs, the Bureau of Immigration Serv-
ices, or the Bureau of Immigration Enforcement, the Of-
fice of Management and Budget may fix the rate of basic
pay, notwithstanding sections 5377(d)(2) and 5307, at
any rate up to the salary set in accordance with section
104 of title 3.
‘‘(b) No allowance, differential, bonus, award, or
similar cash payment may be paid to any employee receiv-
ing critical pay at a rate fixed under subsection (a), in
any calendar year if, or to the extent that, the employee’s
total annual compensation will exceed the maximum
amount of total annual compensation payable at the salary
set in accordance with section 104 of title 3.
‘‘§ 9603. Streamlined critical pay authority
‘‘(a) Notwithstanding section 9602, and without re-
gard to the provisions of this title governing appointments
in the competitive service or the Senior Executive Service
and chapters 51 and 53 (relating to classification and pay
rates), the Attorney General may, for a period of 10 years
‘‘(4) designation of such positions is approved
by the Attorney General;
‘‘(5) the terms of such appointments are limited
to no more than 4 years;
‘‘(6) appointees to such positions were not Im-
migration and Naturalization Service employees
prior to the date of the enactment of this section;
‘‘(7) total annual compensation for any ap-
pointee to such positions does not exceed the highest
total annual compensation payable at the rate deter-
mined under section 104 of title 3; and
‘‘(8) all such positions are excluded from the
collective bargaining unit.
‘‘(b) Individuals appointed under this section shall
not be considered to be employees for purposes of sub-
chapter II of chapter 75 of title 5, United States Code.
‘‘§ 9604. Recruitment, retention, relocation incen-
tives, and relocation expenses
‘‘(a) For a period of 10 years after the date of the
enactment of this section and subject to approval by the
Office of Personnel Management, the Attorney General
may provide for variations from sections 5753 and 5754
governing payment of recruitment, relocation, and reten-
tion incentives.
‘‘(b) For a period of 10 years after the date of the
enactment of this section, the Attorney General may pay
from appropriations made to the Office of the Associate
Attorney General for Immigration Affairs, the Bureau of
Immigration Services, or to the Bureau of Immigration
Enforcement allowable relocation expenses under section
5724a for employees transferred or reemployed and allow-
able travel and transportation expenses under section
5723 for new appointees, for any new appointee appointed
to a position for which pay is fixed under section 9602
or 9603 after the date of the enactment of this section.’’.
(b) CLERICAL AMENDMENT.—The table of chapters
for part III of title 5, United States Code, is amended
by adding after the item relating to chapter 95 the fol-
lowing:
‘‘96. Personnel flexibilities relating to Office of the Associate Attor-
ney General for Immigration Affairs, the Bureau of Immigration
Services, and Bureau of Immigration Enforcement ........................
9601’’.
(c) VOLUNTARY
SEPARATION
INCENTIVE
PAY-
MENTS.—
(1) DEFINITION.—In this subsection, the term
‘‘employee’’ means an employee (as defined by sec-
tion 2105 of title 5, United States Code) who is em-
ployed by the Office of the Associate Attorney Gen-
eral for Immigration Affairs, the Bureau of Immi-
gration Services, or the Bureau of Immigration En-
forcement under an appointment without time limi-
tation, and has been currently employed for a con-
tinuous period of at least 3 years, but does not
include—
(A) a reemployed annuitant under sub-
chapter III of chapter 83 or chapter 84 of title
5, United States Code, or another retirement
system;
(B) an employee having a disability on the
basis of which such employee is or would be eli-
gible for disability retirement under the applica-
ble retirement system referred to in subpara-
graph (A);
(C) an employee who is in receipt of a spe-
cific notice of involuntary separation for mis-
conduct or unacceptable performance;
(D) an employee who, upon completing an
additional period of service as referred to in
section 3(b)(2)(B)(ii) of the Federal Workforce
Restructuring Act of 1994 (5 U.S.C. 5597
note), would qualify for a voluntary separation
incentive payment under section 3 of such Act;
(E) an employee who has previously re-
ceived any voluntary separation incentive pay-
ment by the Federal Government under this
section or any other authority and has not re-
paid such payment;
(F) an employee covered by statutory re-
employment rights who is on transfer to an-
other organization;
(G) any employee who, during the 24-
month period preceding the date of separation,
has received a recruitment or relocation bonus
under section 5753 of title 5, United States
Code, or who, within the 12-month period pre-
ceding the date of separation, received a reten-
tion allowance under section 5754 of title 5,
United States Code; or
(H) any employee within a unit to which a
labor organization is accorded exclusive recogni-
tion under chapter 71.
(2) AUTHORITY TO PROVIDE VOLUNTARY SEPA-
RATION INCENTIVE PAYMENTS.—
(A) IN GENERAL.—The Associate Attorney
General for Immigration Affairs may pay vol-
untary separation incentive payments under
this section to any employee to the extent nec-
essary to carry out the plan to restructure the
Immigration and Naturalization Service into
the Office of the Associate Attorney General for
Immigration Affairs, the Bureau of Immigra-
tion Services, and Bureau of Immigration En-
forcement under this Act.
(B) AMOUNT
AND
TREATMENT
OF
PAY-
MENTS.—A 
voluntary 
separation 
incentive
payment—
(i) shall be paid in a lump sum after
the employee’s separation;
(ii) shall be paid from appropriations
or funds available for the payment of the
basic pay of the employee;
(iii) shall be equal to the lesser of—
(I) an amount equal to the
amount the employee would be enti-
tled to receive under section 5595(c)
of title 5, United States Code; or
(II) an amount determined by
the Associate Attorney General for
Immigration Affairs not to exceed
$25,000;
(iv) may not be made except in the
case of any qualifying employee who volun-
tarily separates (whether by retirement or
resignation) before January 1, 2003;
(v) shall not be a basis for payment,
and shall not be included in the computa-
tion, of any other type of Government ben-
efit; and
(vi) shall not be taken into account in
determining the amount of any severance
pay to which the employee may be entitled
under section 5595 of title 5, United
States Code, based on any other separa-
tion.
(3) ADDITIONAL CONTRIBUTIONS TO RETIRE-
MENT FUND.—
(A) IN
GENERAL.—In addition to any
other payments which it is required to make
under subchapter III of chapter 83 of title 5,
United States Code, the Office of the Associate
Attorney General for Immigration Affairs, the
Bureau of Immigration Services, and the Bu-
reau of Immigration Enforcement shall remit to
the Office of Personnel Management for deposit
in the Treasury of the United States to the
credit of the Civil Service Retirement and Dis-
ability Fund an amount equal to 15 percent of
the final basic pay of each employee who is cov-
ered under subchapter III of chapter 83 or
chapter 84 of title 5, United States Code, to
whom a voluntary separation incentive has been
paid under this subsection.
(B) DEFINITION.—In subparagraph (A),
the term ‘‘final basic pay’’, with respect to an
employee, means the total amount of basic pay
which would be payable for a year of service by
such employee, computed using the employee’s
final rate of basic pay, and, if last serving on
other than a full-time basis, with appropriate
adjustment therefor.
(4) EFFECT
OF
SUBSEQUENT
EMPLOYMENT
WITH THE GOVERNMENT.—An individual who has
received a voluntary separation incentive payment
under this subsection and accepts any employment
for compensation with the Government of the United
States, or who works for any agency of the United
States Government through a personal services con-
tract, within 5 years after the date of the separation
on which the payment is based, shall be required to
pay, prior to the individual’s first day of employ-
ment, the entire amount of the incentive payment to
the Office of Associate Attorney General for Immi-
gration Affairs, the Bureau of Immigration Services,
or the Bureau of Immigration Enforcement, as the
case may be.
(5) EFFECT ON EMPLOYMENT LEVELS.—
(A) INTENDED EFFECT.—Voluntary sepa-
rations under this subsection are not intended
to necessarily reduce the total number of full-
time equivalent positions in the Office of the
Associate Attorney General for Immigration Af-
fairs, the Bureau of Immigration Services, or
the Bureau of Immigration Enforcement.
(B) USE OF VOLUNTARY SEPARATIONS.—
The Office of the Associate Attorney General
for Immigration Affairs, the Bureau of Immi-
gration Services, and the Bureau of Immigra-
tion Enforcement may redeploy or use the full-
time equivalent positions vacated by voluntary
separations under this subsection to make other
positions available to more critical locations or
more critical occupations.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS; DISPOSI-
TION OF FEES; SENSE OF CONGRESS.
(a) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There are authorized to be
appropriated for fiscal years 2002 through 2004
such sums as may be necessary to carry out this
Act.
(2) AVAILABILITY OF FUNDS.—Amounts appro-
priated under paragraph (1) shall remain available
until expended.
(b) 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 Office of the Associate Attorney
General for Immigration Affairs, the Bureau of Im-
migration Services, and the Bureau of Immigration
Enforcement.
(2) FEES.—Notwithstanding section 286 of the
Immigration and Nationality Act (8 U.S.C. 1356) or
any other provision of law, fees imposed for a par-
ticular service, application, or benefit shall be depos-
ited into the account established under paragraph
(1) that is for the bureau with jurisdiction over the
function to which the fee relates.
(c) SENSE OF CONGRESS.—It is the sense of the Con-
gress that—
(1) the missions of both the Bureau of Immi-
gration Services and the Bureau of Immigration En-
forcement are equally important and, accordingly,
both Bureaus should be adequately funded; and
(2) neither the immigration adjudication and
service functions referred to in section 3 nor the im-
migration enforcement functions referred to in sec-
tion 4 should operate at levels below that in exist-
ence prior to enactment of this Act.
SEC. 12. IMPLEMENTATION PLAN.
(a) IN GENERAL.—The Attorney General, not later
than one year after the date of the enactment of this Act,
shall submit to the Committees on the Judiciary of the
House of Representatives and of the Senate an implemen-
tation plan that details, consistent with this Act, an orga-
nizational structure for the Office of the Associate Attor-
ney General for Immigration Affairs, the Bureau of Immi-
gration Services, and the Bureau of Immigration Enforce-
ment, at the national and local levels. Such structure shall
ensure accountability by, and coordination among, the
subdivisions and offices comprising the Office of the Asso-
ciate Attorney General for Immigration Affairs, the Bu-
reau of Immigration Services, and the Bureau of Immigra-
tion Enforcement. The plan shall address any manage-
ment problems (such as unclear lines of accountability,
poor intra-agency communication and coordination, and
weaknesses in financial accountability, resource allocation,
and budget planning and execution) within the Immigra-
tion and Naturalization Service on the date of the enact-
ment of this Act by including provisions that will prevent
these problems from being perpetuated within the Office
of the Associate Attorney General for Immigration Affairs.
The plan shall also address the issues of chain of com-
mand, shared services, file and data management and
oversight, financial management systems, fraud detection
and investigation, and establishment of a transition team.
(b) CONSULTANT.—The Attorney General shall enter
into a contract with a private entity specializing in man-
agement consulting requiring the entity to conduct a study
of any management problems (such as unclear lines of ac-
countability, poor intra-agency communication and coordi-
nation, and weaknesses in financial accountability, re-
source allocation, and budget planning and execution)
within the Immigration and Naturalization Service on the
date of the enactment of this Act and to issue a report
containing recommendations that will prevent these prob-
lems from being perpetuated within the Office of the Asso-
ciate Attorney General for Immigration Affairs, the Bu-
reau of Immigration Services, or the Bureau of Immigra-
tion Enforcement.
SEC. 13. DEFINITIONS.
For purposes of this Act:
(1) The term ‘‘function’’ includes any duty, ob-
ligation, power, authority, responsibility, right, privi-
lege, activity, or program.
(2) The term ‘‘office’’ includes any office, ad-
ministration, agency, bureau, institute, council, unit,
organizational entity, or component thereof.
SEC. 14. EFFECTIVE DATES.
The transfer of functions under this Act shall take
effect on the date that is 2 years after the date of the
enactment of this Act. The Office of the Associate Attor-
ney General for Immigration Affairs, the Bureau of Immi-
gration Services, and the Bureau of Immigration Enforce-
ment shall be established, and the Associate Attorney Gen-
eral for Immigration Affairs, the Director of the Bureau
of Immigration Services, and the Director of the Bureau
of Immigration Enforcement shall be appointed, not later
than such effective date.
Æ