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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 Citizenship and
Immigration Services; or
(2) to such component is deemed to refer to the
Bureau of Citizenship and Immigration Services.
(b) OTHER TRANSITION ISSUES.—
(1) EXERCISE OF AUTHORITIES.—Except as oth-
erwise provided by law, a Federal official to whom a
function is transferred by this subtitle may, for pur-
poses of performing the function, exercise all authori-
ties 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 specified
in section 455.
(2) TRANSFER AND ALLOCATION OF APPROPRIA-
TIONS AND PERSONNEL.—The personnel of the De-
partment of Justice employed in connection with the
functions transferred by this subtitle (and functions
that the Secretary determines are properly related to
the functions of the Bureau of Citizenship and Immi-
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gration Services), and the assets, liabilities, contracts,
property, records, and unexpended balance of appro-
priations, authorizations, allocations, and other funds
employed, held, used, arising from, available to, or to
be made available to, the Immigration and Natu-
ralization Service in connection with the functions
transferred by this subtitle, subject to section 202 of
the Budget and Accounting Procedures Act of 1950,
shall be transferred to the Director of the Bureau of
Citizenship and Immigration Services for allocation
to the appropriate component of the Department. Un-
expended funds transferred pursuant to this para-
graph shall be used only for the purposes for which
the funds were originally authorized and appro-
priated. The Secretary shall have the right to adjust
or realign transfers of funds and personnel effected
pursuant to this subtitle for a period of 2 years after
the effective date specified in section 455.
SEC. 457. FUNDING FOR CITIZENSHIP AND IMMIGRATION
SERVICES.
Section 286(m) of the Immigration and Nationality
Act (8 U.S.C. 1356(m)) is amended by striking ‘‘services,
including the costs of similar services provided without
charge to asylum applicants or other immigrants.’’ and in-
serting ‘‘services.’’.
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SEC. 458. BACKLOG ELIMINATION.
Section 204(a)(1) of the Immigration Services and In-
frastructure Improvements Act of 2000 (8 U.S.C.
1573(a)(1)) is amended by striking ‘‘not later than one year
after the date of enactment of this Act;’’ and inserting ‘‘1
year after the date of the enactment of the Homeland Secu-
rity Act of 2002;’’.
SEC. 459. REPORT ON IMPROVING IMMIGRATION SERVICES.
(a) IN GENERAL.—The Secretary, not later than 1
year after the effective date of this Act, shall submit to the
Committees on the Judiciary and Appropriations of the
House of Representatives and of the Senate a report with
a plan detailing how the Bureau of Citizenship and Immi-
gration Services, after the transfer of functions specified in
this subtitle takes effect, will complete efficiently, fairly, and
within a reasonable time, the adjudications described in
paragraphs (1) through (5) of section 451(b).
(b) CONTENTS.—For each type of adjudication to be
undertaken by the Director of the Bureau of Citizenship and
Immigration Services, the report shall include the following:
(1) Any potential savings of resources that may
be implemented without affecting the quality of the
adjudication.
(2) The goal for processing time with respect to
the application.
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(3) Any statutory modifications with respect to
the adjudication that the Secretary considers advis-
able.
(c) CONSULTATION.—In carrying out subsection (a),
the Secretary shall consult with the Secretary of State, the
Secretary of Labor, the Assistant Secretary of the Bureau
of Border Security of the Department, and the Director of
the Executive Office for Immigration Review to determine
how to streamline and improve the process for applying for
and making adjudications described in section 451(b) and
related processes.
SEC. 460. REPORT ON RESPONDING TO FLUCTUATING
NEEDS.
Not later than 30 days after the date of the enactment
of this Act, the Attorney General shall submit to Congress
a report on changes in law, including changes in authoriza-
tions of appropriations and in appropriations, that are
needed to permit the Immigration and Naturalization Serv-
ice, and, after the transfer of functions specified in this sub-
title takes effect, the Bureau of Citizenship and Immigra-
tion Services of the Department, to ensure a prompt and
timely response to emergent, unforeseen, or impending
changes in the number of applications for immigration ben-
efits, and otherwise to ensure the accommodation of chang-
ing immigration service needs.
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SEC. 
461. 
APPLICATION 
OF 
INTERNET-BASED 
TECH-
NOLOGIES.
(a) ESTABLISHMENT
OF TRACKING SYSTEM.—The
Secretary, not later than 1 year after the effective date of
this Act, in consultation with the Technology Advisory
Committee established under subsection (c), shall establish
an Internet-based system, that will permit a person, em-
ployer, immigrant, or nonimmigrant who has filings with
the Secretary for any benefit under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.), access to online
information about the processing status of the filing in-
volved.
(b) FEASIBILITY STUDY FOR ONLINE FILING AND IM-
PROVED PROCESSING.—
(1) ONLINE FILING.—The Secretary, in consulta-
tion with the Technology Advisory Committee estab-
lished under subsection (c), shall conduct a feasibility
study on the online filing of the filings described in
subsection (a). The study shall include a review of
computerization and technology of the Immigration
and Naturalization Service relating to the immigra-
tion services and processing of filings related to im-
migrant services. The study shall also include an esti-
mate of the timeframe and cost and shall consider
other factors in implementing such a filing system,
including the feasibility of fee payment online.
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(2) REPORT.—A report on the study under this
subsection shall be submitted to the Committees on the
Judiciary of the House of Representatives and the
Senate not later than 1 year after the effective date
of this Act.
(c) TECHNOLOGY ADVISORY COMMITTEE.—
(1) ESTABLISHMENT.—The Secretary shall estab-
lish, not later than 60 days after the effective date of
this Act, an advisory committee (in this section re-
ferred to as the ‘‘Technology Advisory Committee’’) to
assist the Secretary in—
(A) establishing the tracking system under
subsection (a); and
(B) conducting the study under subsection
(b).
The Technology Advisory Committee shall be estab-
lished after consultation with the Committees on the
Judiciary of the House of Representatives and the
Senate.
(2) COMPOSITION.—The Technology Advisory
Committee shall be composed of representatives from
high technology companies capable of establishing and
implementing the system in an expeditious manner,
and representatives of persons who may use the track-
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ing system described in subsection (a) and the online
filing system described in subsection (b)(1).
SEC. 462. CHILDREN’S AFFAIRS.
(a) TRANSFER OF FUNCTIONS.—There are transferred
to the Director of the Office of Refugee Resettlement of the
Department of Health and Human Services functions
under the immigration laws of the United States with re-
spect to the care of unaccompanied alien children that were
vested by statute in, or performed by, the Commissioner of
Immigration and Naturalization (or any officer, employee,
or component of the Immigration and Naturalization Serv-
ice) immediately before the effective date specified in sub-
section (d).
(b) FUNCTIONS.—
(1) IN GENERAL.—Pursuant to the transfer made
by subsection (a), the Director of the Office of Refugee
Resettlement shall be responsible for—
(A) coordinating and implementing the care
and placement of unaccompanied alien children
who are in Federal custody by reason of their
immigration status, including developing a plan
to be submitted to Congress on how to ensure
that qualified and independent legal counsel is
timely appointed to represent the interests of
each such child, consistent with the law regard-
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ing appointment of counsel that is in effect on
the date of the enactment of this Act;
(B) ensuring that the interests of the child
are considered in decisions and actions relating
to the care and custody of an unaccompanied
alien child;
(C) making placement determinations for
all unaccompanied alien children who are in
Federal custody by reason of their immigration
status;
(D) implementing the placement determina-
tions;
(E) implementing policies with respect to
the care and placement of unaccompanied alien
children;
(F) identifying a sufficient number of
qualified individuals, entities, and facilities to
house unaccompanied alien children;
(G) overseeing the infrastructure and per-
sonnel of facilities in which unaccompanied
alien children reside;
(H) reuniting unaccompanied alien chil-
dren with a parent abroad in appropriate cases;
(I) compiling, updating, and publishing at
least annually a state-by-state list of profes-
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sionals or other entities qualified to provide
guardian and attorney representation services
for unaccompanied alien children;
(J) maintaining statistical information and
other data on unaccompanied alien children for
whose care and placement the Director is respon-
sible, 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 Federal custody by reason of his or her
immigration status;
(iii) information relating to the child’s
placement, removal, or release from each fa-
cility in which the child has resided;
(iv) in any case in which the child is
placed in detention or released, an expla-
nation relating to the detention or release;
and
(v) the disposition of any actions in
which the child is the subject;
(K) collecting and compiling statistical in-
formation from the Department of Justice, the
Department of Homeland Security, and the De-
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partment of State on each department’s actions
relating to unaccompanied alien children; and
(L) conducting investigations and inspec-
tions of facilities and other entities in which un-
accompanied alien children reside.
(2) COORDINATION WITH OTHER ENTITIES; NO
RELEASE ON OWN RECOGNIZANCE.—In making deter-
minations described in paragraph (1)(C), the Director
of the Office of Refugee Resettlement—
(A) shall consult with appropriate juvenile
justice professionals, the Director of the Bureau
of Citizenship and Immigration Services, and
the Assistant Secretary of the Bureau of Border
Security to ensure that such determinations en-
sure that unaccompanied alien children de-
scribed in such subparagraph—
(i) are likely to appear for all hearings
or proceedings in which they are involved;
(ii) are protected from smugglers, traf-
fickers, or others who might seek to vic-
timize or otherwise engage them in crimi-
nal, harmful, or exploitive activity; and
(iii) are placed in a setting in which
they not likely to pose a danger to them-
selves or others; and
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(B) shall not release such children upon
their own recognizance.
(3) DUTIES WITH RESPECT TO FOSTER CARE.—
In carrying out the duties described in paragraph
(1)(G), the Director of the Office of Refugee Resettle-
ment is encouraged to use the refugee children foster
care system established pursuant to section 412(d) of
the Immigration and Nationality Act (8 U.S.C.
1522(d)) for the placement of unaccompanied alien
children.
(c) RULE OF CONSTRUCTION.—Nothing in this section
may be construed to transfer the responsibility for adjudi-
cating benefit determinations under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.) from the authority
of any official of the Department of Justice, the Department
of Homeland Security, or the Department of State.
(d) EFFECTIVE DATE.—Notwithstanding section 4,
this section shall take effect on the date on which the trans-
fer of functions specified under section 441 takes effect.
(e) REFERENCES.—With respect to any function
transferred by this section, any reference in any other Fed-
eral 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—
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liabilities, contracts, property, records, and unex-
pended balance of appropriations, authorizations, al-
locations, and other funds employed, held, used, aris-
ing from, available to, or to be made available to, the
Immigration and Naturalization Service in connec-
tion with the functions transferred by this section,
subject to section 202 of the Budget and Accounting
Procedures Act of 1950, shall be transferred to the Di-
rector of the Office of Refugee Resettlement for alloca-
tion to the appropriate component of the Department
of Health and Human Services. Unexpended funds
transferred pursuant to this paragraph shall be used
only for the purposes for which the funds were origi-
nally authorized and appropriated.
(g) DEFINITIONS.—As used in this section—
(1) the term ‘‘placement’’ means the placement of
an unaccompanied alien child in either a detention
facility or an alternative to such a facility; and
(2) the term ‘‘unaccompanied alien child’’ means
a child who—
(A) has no lawful immigration status in the
United States;
(B) has not attained 18 years of age; and
(C) with respect to whom—
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(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.
Subtitle F—General Immigration
Provisions
SEC. 471. ABOLISHMENT OF INS.
(a) IN GENERAL.—Upon completion of all transfers
from the Immigration and Naturalization Service as pro-
vided for by this Act, the Immigration and Naturalization
Service of the Department of Justice is abolished.
(b) PROHIBITION.—The authority provided by section
1502 may be used to reorganize functions or organizational
units within the Bureau of Border Security or the Bureau
of Citizenship and Immigration Services, but may not be
used to recombine the two bureaus into a single agency or
otherwise to combine, join, or consolidate functions or orga-
nizational units of the two bureaus with each other.
SEC. 472. 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—
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(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 subparagraphs
(A)–(G) of section 663(a)(2) of Public Law 104–208
(5 U.S.C. 5597 note);
(2) the term ‘‘covered entity’’ means—
(A) the Immigration and Naturalization
Service;
(B) the Bureau of Border Security of the
Department of Homeland Security; and
(C) the Bureau of Citizenship and Immi-
gration Services of the Department of Homeland
Security; and
(3) the term ‘‘transfer date’’ means the date on
which the transfer of functions specified under section
441 takes effect.
(b) STRATEGIC RESTRUCTURING PLAN.—Before the
Attorney General or the Secretary obligates any resources
for voluntary separation incentive payments under this sec-
tion, such official shall submit to the appropriate commit-
tees of Congress a strategic restructuring plan, which shall
include—
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(1) an organizational chart depicting the covered
entities after their restructuring pursuant to this Act;
(2) a summary description of how the authority
under this section will be used to help carry out that
restructuring; and
(3) the information specified in section 663(b)(2)
of Public Law 104–208 (5 U.S.C. 5597 note).
As used in the preceding sentence, the ‘‘appropriate commit-
tees of Congress’’ are the Committees on Appropriations,
Government Reform, and the Judiciary of the House of
Representatives, and the Committees on Appropriations,
Governmental Affairs, and the Judiciary of the Senate.
(c) AUTHORITY.—The Attorney General and the Sec-
retary may, to the extent necessary to help carry out their
respective strategic restructuring plan described in sub-
section (b), make voluntary separation incentive payments
to employees. Any such payment—
(1) shall be paid to the employee, in a lump
sum, after the employee has separated from service;
(2) shall be paid from appropriations or funds
available for the payment of basic pay of the em-
ployee;
(3) shall be equal to the lesser of—
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(A) the amount the employee would be enti-
tled to receive under section 5595(c) of title 5,
United States Code; or
(B) an amount not to exceed $25,000, as de-
termined by the Attorney General or the Sec-
retary;
(4) may not be made except in the case of any
qualifying 
employee 
who 
voluntarily 
separates
(whether by retirement or resignation) before the end
of—
(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 separation.
(d) ADDITIONAL AGENCY CONTRIBUTIONS TO THE RE-
TIREMENT FUND.—
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(1) IN GENERAL.—In addition to any payments
which it is otherwise required to make, the Depart-
ment of Justice and the Department of Homeland Se-
curity shall, for each fiscal year with respect to which
it makes any voluntary separation incentive pay-
ments under this section, remit to the Office of Per-
sonnel Management for deposit in the Treasury of the
United States to the credit of the Civil Service Retire-
ment 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), whichever is
greater.
(A) FIRST
METHOD.—The amount under
this subparagraph shall, for any fiscal year, be
equal to the minimum amount necessary to offset
the additional costs to the retirement systems
under title 5, United States Code (payable out of
the Civil Service Retirement and Disability
Fund) resulting from the voluntary separation of
the employees described in paragraph (3), as de-
termined under regulations of the Office of Per-
sonnel Management.
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(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 para-
graph (3).
(3) COMPUTATIONS TO BE BASED ON SEPARA-
TIONS OCCURRING IN THE FISCAL YEAR INVOLVED.—
The employees described in this paragraph are those
employees who receive a voluntary separation incen-
tive payment under this section based on their sepa-
rating 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 therefor.
(e) EFFECT OF SUBSEQUENT EMPLOYMENT WITH THE
GOVERNMENT.—An individual who receives a voluntary
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 Gov-