IB
Union Calendar No. 246
107TH CONGRESS
2D SESSION
H. R. 3231
[Report No. 107–413]
To replace the Immigration and Naturalization Service with the Agency
for Immigration Affairs, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 6, 2001
Mr. SENSENBRENNER (for himself and Mr. GEKAS) introduced the following
bill; which was referred to the Committee on the Judiciary
APRIL 19, 2002
Additional sponsors: Mr. GOODLATTE, Mr. SMITH of Texas, Mr. GREEN of
Wisconsin, Mr. GALLEGLY, Mr. JENKINS, Mr. HOSTETTLER, Mr. LEWIS
of California, Mrs. ROUKEMA, Mr. ROGERS of Kentucky, Mr. DEAL of
Georgia, Mr. REYES, Mr. ISSA, Mr. FOLEY, Mr. BACHUS, Mr. FRELING-
HUYSEN, Mr. LINDER, Mr. BONILLA, Mr. CALLAHAN, Mr. LEWIS of Ken-
tucky, Mr. SUNUNU, Mr. PENCE, Mr. CALVERT, Mr. GILLMOR, Mr.
WICKER, Mr. PETERSON of Minnesota, Mr. SHIMKUS, Mr. SKEEN, Mr.
FLAKE, Mr. WILSON of South Carolina, Mr. YOUNG of Alaska, Mr. BARR
of Georgia, Mr. MCINTYRE, Mr. CASTLE, Mr. COMBEST, Mr. GIBBONS,
Mr. KENNEDY of Minnesota, Ms. PRYCE of Ohio, Mr. KELLER, Mr. SAM
JOHNSON of Texas, Mr. GREEN of Texas, Mr. WELLER, Mr. UDALL of
Colorado, Mr. COOKSEY, Mr. RYAN of Wisconsin, and Mr. FRANK
APRIL 19, 2002
Reported with amendments, committed to the Committee of the Whole House
on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on November 6, 2001]
A BILL
To replace the Immigration and Naturalization Service with
the Agency for Immigration Affairs, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; 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 Affairs.
Sec. 3. Positions within Office of Associate Attorney General for Immigration Af-
fairs.
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. Authorization of appropriations; prohibition on transfer of fees; leasing
or acquisition of property; sense of Congress.
Sec. 12. Reports and implementation plans.
Sec. 13. Application of Internet-based technologies.
Sec. 14. Definitions.
Sec. 15. Effective date; transition.
Sec. 16. Conforming amendment.
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 abol-
ished.
(b) ESTABLISHMENT OF OFFICE OF ASSOCIATE AT-
TORNEY GENERAL FOR IMMIGRATION AFFAIRS.—
(1) IN GENERAL.—There is established in the De-
partment of Justice an office to be known as the ‘‘Of-
fice of the Associate Attorney General for Immigra-
tion Affairs’’.
(2) ASSOCIATE ATTORNEY GENERAL.—The head
of the Office shall be the Associate Attorney General
for Immigration Affairs. The Associate Attorney Gen-
eral 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 EXECUTIVE
SCHEDULE.—Section 5314 of title 5, United States
Code, is amended by adding at the end the following:
‘‘Associate Attorney General for Immigration Af-
fairs.’’.
(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 Immi-
gration 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.—
(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 re-
sponsible for—
(A) providing advice to the Associate Attor-
ney General for Immigration Affairs on all mat-
ters relating to immigration and naturalization
policy; and
(B) coordinating and reconciling the resolu-
tion of policy issues by the Bureau of Citizenship
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-
ters affecting the Office of the Associate Attorney
General for Immigration Affairs, the Bureau 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 Immigration
Enforcement in all exclusion, deportation, or re-
moval proceedings before the Executive Office for
Immigration Review, including in proceedings to
adjudicate relief from exclusion, deportation, or
removal, and in other legal or administrative
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 General for Im-
migration Affairs does not delegate such functions to
the General Counsel.
(c) CHIEF FINANCIAL OFFICER.—
(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 Immigra-
tion Services, and the Bureau of Immigration
Enforcement and shall have the authorities and
functions described in section 902 of title 31,
United States Code, in relation to financial ac-
tivities of such office and bureaus;
(B) collecting all payments, fines, and other
debts for the Bureau of Citizenship and Immi-
gration Services and the Bureau of Immigration
Enforcement; and
(C) coordinating all budget and other finan-
cial management issues with the Bureau of Citi-
zenship and Immigration Services and the Bu-
reau 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 Asso-
ciate Attorney General for Immigration Affairs.
(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
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 Of-
fice of the Associate Attorney General for Immigra-
tion 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 Office of
Professional Responsibility and Quality Review. The
Director of the Office of Professional Responsibility
and Quality Review shall be responsible for—
(A) 
conducting 
investigations 
of 
non-
criminal allegations of misconduct, corruption,
and fraud involving any employee of the Office
of the Associate Attorney General for Immigra-
tion Affairs, the Bureau of Citizenship and Im-
migration Services, or the Bureau of Immigra-
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 Immigration
Affairs, the Bureau of Citizenship and Immigra-
tion Services, and the Bureau of Immigration
Enforcement and providing assessments of the
quality of the operations of such office and bu-
reaus as a whole and each of their components;
and
(C) providing an analysis of the manage-
ment of the Office of the Associate Attorney Gen-
eral for Immigration Affairs, the Bureau of Citi-
zenship and Immigration Services, and the Bu-
reau 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 Associate
Attorney General for Immigration Affairs, the Bureau
of Citizenship and Immigration Services, or the Bu-
reau of Immigration Enforcement, or any of their
components, consideration shall be given to—
(A) the accuracy of the findings of fact and
conclusions of law used in rendering the deci-
sion;
(B) any fraud or misrepresentation associ-
ated with the decision; and
(C) the efficiency with which the decision
was rendered.
(g) OFFICE OF CHILDREN’S AFFAIRS.—
(1) IN GENERAL.—There is established within
the Office of the Associate Attorney General for Immi-
gration Affairs an office to be known as the ‘‘Office
of Children’s Affairs’’. The head of the Office of Chil-
dren’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;
(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 oth-
erwise come into the custody of the Depart-
ment of Justice;
(iv) implementing the placement deter-
minations 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;
(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 qualified to
provide guardian and attorney representa-
tion services for unaccompanied alien chil-
dren;
(x) maintaining statistical informa-
tion 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;
(IV) in any case in which the
child is placed in detention or released,
an explanation relating to the deten-
tion 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 Associate
Attorney General, Bureau of Citizenship
and Immigration Services, and Bureau of
Enforcement (including Border Patrol and
inspections officers), on the unaccompanied
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 ENTITIES;
NO RELEASE ON OWN RECOGNIZANCE.—In mak-
ing determinations described in subparagraph
(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
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 smugglers,
traffickers, or others who might seek to
victimize or otherwise engage them in
criminal, harmful, or exploitive activ-
ity; 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 (or
any officer, employee, or component thereof), im-
mediately before the effective date specified in
section 15(a).
(D) DUTIES
WITH
RESPECT
TO
FOSTER
CARE.—In carrying out the duties described in
subparagraph (A)(vii), the Director of the Office
of Children’s Affairs shall assess the extent to
which it is cost-effective to use the refugee chil-
dren foster care system for the placement of un-
accompanied alien children.
(3) RULE OF CONSTRUCTION.—Nothing in this
subsection may be construed to transfer the responsi-
bility 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 Office
of the Associate Attorney General for Immigration Af-
fairs, the Bureau of Citizenship and Immigration
Services, the Bureau of Immigration Enforcement, the
Executive Office of Immigration Review, or the De-
partment 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
(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 IMMIGRA-
TION LITIGATION.—There are transferred from the Assist-
ant Attorney General, Civil Division, to the Associate Attor-
ney General for Immigration Affairs all functions per-
formed by the Office of Immigration Litigation, and all
personnel, infrastructure, and funding provided to the As-
sistant Attorney General, Civil Division, in support of such
functions, immediately before the effective date specified in
section 15(a). The Associate Attorney General for Immigra-
tion Affairs may, in the Associate Attorney General’s dis-
cretion, charge the General Counsel to the Associate Attor-
ney General for Immigration Affairs with such functions.
(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 employees
of the Federal Bureau of Investigation, on any employee
of the Office of the Associate Attorney General for Immigra-
tion Affairs, the Bureau of Citizenship and Immigration
Services, or the Bureau of Immigration Enforcement who
willfully deceives the Congress or agency leadership on any
matter.
(j) REFERENCES.—With respect to any function trans-
ferred by this section or Act to, and exercised on or after
the effective date specified in section 15(a) by, the Associate
Attorney General for Immigration Affairs or any other offi-
cial whose functions are described in this section, any ref-
erence in any other Federal law, Executive order, rule, regu-
lation, 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 Associate Attorney General for Immigra-
tion Affairs; or
(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 De-
partment of Justice a bureau to be known as the ‘‘Bu-
reau of Citizenship and Immigration Services’’.
(2) DIRECTOR.—The head of the Bureau of Citi-
zenship and Immigration Services shall be the Direc-
tor of the Bureau of Citizenship and Immigration
Services, who—
(A) shall report directly to the Associate At-
torney General for Immigration Affairs; and
(B) shall have a minimum of 10 years pro-
fessional experience in the rendering of adjudica-
tions on the provision of government benefits or
services, at least 5 of which shall have been years
of service in a managerial capacity or in a posi-
tion affording comparable management experi-
ence.
(3) FUNCTIONS.—The Director of the Bureau of
Citizenship and Immigration Services—
(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 Gen-
eral for Immigration Affairs with respect to any
policy or operation of the Bureau of Citizenship
and Immigration Services that may affect the
Bureau of Immigration Enforcement, including
potentially conflicting policies or operations;
(D) shall meet regularly with the Ombuds-
man to correct serious service problems identified
by the Ombudsman; and
(E) shall establish procedures requiring a
formal response to any recommendations sub-
mitted in the Ombudsman’s annual report to the
Congress within 3 months after its submission to
the Congress.
(4) STUDENT VISA PROGRAMS.—The Director of
the Bureau of Citizenship and Immigration Services
shall designate an official to be responsible for admin-
istering student visa programs and the Student and
Exchange Visitor Information System established
under section 641 of the Illegal Immigration 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 dis-
cretion. The Director shall provide any information
collected by the Student and Exchange Visitor Infor-
mation System to the Director of the Bureau of Im-
migration Enforcement that is necessary for the per-
formance of the functions of the Bureau of Immigra-
tion Enforcement.
(b) TRANSFER
OF
FUNCTIONS
FROM
COMMIS-
SIONER.—There are transferred from the Commissioner of
the Immigration and Naturalization Service to the Director
of the Bureau of Citizenship and Immigration Services the
following functions, and all personnel, infrastructure, and
funding provided to the Commissioner in support of such
functions immediately before the effective date specified in
section 15(a):
(1) Adjudications of nonimmigrant and immi-
grant visa petitions.
(2) Adjudications of naturalization petitions.
(3) Adjudications of asylum and refugee applica-
tions.
(4) Adjudications performed at service centers.
(5) All other adjudications performed by the Im-
migration and Naturalization Service immediately
before the effective date specified in section 15(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 Strategy
shall be the Chief of the Office of Policy and Strategy. In
consultation with Bureau of Citizenship and Immigration
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;
(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 Attorney
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 budg-
et of the Bureau of Citizenship and Immigration Services.
The Chief Budget Officer shall report to the Director of the
Bureau of Citizenship and Immigration Services and shall
provide information to, and coordinate resolution of rel-
evant issues with, the Chief Financial Officer for the Asso-
ciate Attorney General for Immigration Affairs.
(f) OFFICE
OF
CONGRESSIONAL, INTERGOVERN-
MENTAL, AND PUBLIC AFFAIRS.—There is established in the
Bureau of Citizenship and Immigration Services an office
to be known as the ‘‘Office of Congressional, Intergovern-
mental, and Public Affairs’’. The head of such office shall
be the Chief of the Office of Congressional, Intergovern-
mental, 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 agen-
cies 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 of-
fice to be known as the ‘‘Office of Citizenship’’. The head
of such office shall be the Chief of the Office of Citizenship.
The Chief shall be responsible for promoting instruction and
training on citizenship responsibilities for aliens interested
in becoming naturalized citizens of the United States, in-
cluding the development of educational materials.
(h) SECTORS.—Headed by sector directors, and located
in appropriate geographic locations, sectors of the Bureau
of Citizenship and Immigration Services shall be respon-
sible for directing all aspects of the operations of the Bureau
of Citizenship and Immigration Services within their as-
signed geographic areas of activity. Sector directors 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 Citi-
zenship and Immigration Services in carrying out the Di-
rector’s functions. Field directors shall be subject to the gen-
eral supervision and direction of their respective sector di-
rector, except that field directors outside of the United
States shall be subject to the general supervision and direc-
tion of the Director of the Bureau of Citizenship and Immi-
gration Services. All field directors shall remain account-
able to, and receive their authority from, the Director of
the Bureau of Citizenship and Immigration Services, in
order to ensure consistent application and implementation
of policies nationwide.
(j) SERVICE CENTERS.—Headed by service center di-
rectors, service centers of the Bureau of Citizenship and Im-
migration Services shall be responsible for assisting the Di-
rector of the Bureau of Citizenship and Immigration Serv-
ices in carrying out the Director’s functions that can be
effectively carried out at remote locations. Service center di-
rectors are subject to the general supervision and direction
of their respective sector director, except that all service cen-
ter directors shall remain accountable to, and receive their
authority from, the Director of the Bureau of Citizenship
and Immigration Services, in order to ensure consistent ap-
plication and implementation of policies nationwide.
(k) TRANSFER AND REMOVAL.—Notwithstanding any
other provision of law, the Director of the Bureau of Citi-
zenship and Immigration Services may, in the Director’s
discretion, transfer or remove any sector director, field di-
rector, or service center director.
(l) MISSION.—It shall be the mission of the field offices
and service centers of the Bureau of Citizenship and Immi-
gration Services to directly and consistently follow all in-
structions and guidelines of the Director of the Bureau of
Citizenship and Immigration Services and the Associate At-
torney General for Immigration Affairs in order to ensure
the development of a cohesive and consistent national immi-
gration 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 15(a) by, the Di-
rector of the Bureau of Citizenship and Immigration Serv-
ices, 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 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 Office
of the Ombudsman established under section 3—
(1) to assist individuals and employers in resolv-
ing problems with the Bureau of Citizenship and Im-
migration 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 Citizen-
ship and Immigration Services to mitigate problems
identified under paragraph (2); and
(4) to identify potential legislative changes that
may be appropriate to mitigate such problems.
(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 objec-
tives of the Office of the Ombudsman for the fiscal
year beginning in such calendar year. Any such re-
port 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 serv-
ices and responsiveness of the Bureau of Citizen-
ship 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
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 Citizenship
and Immigration Services who is responsible for
such inaction;
(F) shall contain recommendations for such
administrative and legislative action as may be
appropriate to resolve problems encountered by
individuals and employers, including problems
created by excessive backlogs in the adjudication
and processing of immigration benefit 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 para-
graph (1) without any prior review or comment from
the Attorney General, Associate Attorney General for
Immigration Affairs, any other officer or employee of
the Department of Justice or the Office of Manage-
ment and Budget.
(c) OTHER RESPONSIBILITIES.—The Ombudsman—
(1) shall monitor the coverage and geographic al-
location of local offices of the Ombudsman;
(2) shall develop guidance to be distributed to all
officers and employees of the Bureau of Citizenship
and Immigration Services outlining the criteria for
referral of inquiries to local offices of the Ombuds-
man;
(3) shall ensure that the local telephone number
for each local office of the Ombudsman is published
and available to individuals and employers served by
the office; and
(4) shall meet regularly with the Director of the
Bureau of 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 in-
dividuals and employers.
(d) PERSONNEL ACTIONS.—
(1) IN GENERAL.—The Ombudsman shall have
the responsibility and authority—
(A) to appoint local ombudsmen and make
available at least 1 such ombudsman for each
State; and
(B) to evaluate and take personnel actions
(including dismissal) with respect to any em-
ployee of any local office of the Ombudsman.
(2) CONSULTATION.—The Ombudsman may con-
sult 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 Bureau
of Citizenship and Immigration Services shall establish
procedures requiring a formal response to all recommenda-
tions submitted to such director by the Ombudsman 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 Citizenship
and Immigration Services regarding the daily
operation of the local office of such ombudsman;
(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.
SEC. 6. ESTABLISHMENT OF BUREAU OF IMMIGRATION EN-
FORCEMENT.
(a) ESTABLISHMENT OF BUREAU.—
(1) IN GENERAL.—There is established in the De-
partment of Justice a bureau to be known as the ‘‘Bu-
reau 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 At-
torney 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 Gen-
eral for Immigration Affairs with respect to any
policy or operation of the Bureau of Immigra-
tion Enforcement that may affect the Bureau of
Citizenship and Immigration Services, including
potentially conflicting policies or operations.
(b) TRANSFER OF FUNCTIONS.—There are transferred
from the Commissioner of the Immigration and Naturaliza-
tion Service to the Director of the Bureau of Immigration
Enforcement all functions performed under the following
programs, and all personnel, infrastructure, and funding
torney General for Immigration Affairs, as appro-
priate.
(d) LEGAL ADVISOR.—There may be a position of
Legal Advisor for the Bureau of Immigration Enforcement.
(e) CHIEF BUDGET OFFICER FOR THE BUREAU OF IM-
MIGRATION ENFORCEMENT.—There shall be a position of
Chief Budget Officer for the Bureau of Immigration En-
forcement. The Chief Budget Officer shall be responsible for
formulating and executing the budget of the Bureau of Im-
migration Enforcement. The Chief Budget Officer shall re-
port to the Director of the Bureau of Immigration Enforce-
ment and shall provide information to, and coordinate reso-
lution of relevant issues with, the Chief Financial Officer
for the Associate Attorney General for Immigration Affairs.
(f) OFFICE
OF
CONGRESSIONAL, INTERGOVERN-
MENTAL, AND PUBLIC AFFAIRS.—There is established in the
Bureau of Immigration Enforcement an office to be known
as the ‘‘Office of Congressional, Intergovernmental, and
Public Affairs’’. The head of such office shall be the Chief
of the Office of Congressional, Intergovernmental, and Pub-
lic 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 enforce-
ment;
(2) serving as a liaison with other Federal agen-
cies 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 located
in appropriate geographic locations, sectors of the Bureau
of Immigration Enforcement shall be responsible for direct-
ing all aspects of the operations of the Bureau of Immigra-
tion Enforcement within their assigned geographic areas of
activity. Sector directors shall provide general guidance
and supervision to the field offices of the Bureau of Immi-
gration 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 responsible for
assisting the Director of the Bureau of Immigration En-
forcement in carrying out the Director’s functions. Field di-
rectors shall be subject to the general supervision and direc-
tion of their respective sector director, except that field di-
rectors outside of the United States shall be subject to the
general supervision and direction of the Director of the Bu-
reau of Immigration Enforcement. All field directors shall
remain accountable to, and receive their authority from, the
Director of the Bureau of Immigration Enforcement, in
order to ensure consistent application and implementation
of policies nationwide. There shall be a field office of the
Bureau of Immigration Enforcement 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 Immigration
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 naturaliza-
tion within their assigned geographic areas of activity, un-
less any such power and authority is required to be exer-
cised by higher authority or has been exclusively delegated
to another immigration official or class of immigration offi-
cer. Chief patrol agents are subject to the general super-
vision and direction of their respective sector director, ex-
cept 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 Immi-
gration 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 15(a) by, the Di-
rector of the Bureau of Immigration Enforcement, any ref-
erence in any other Federal law, Executive order, rule, regu-
lation, 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.
SEC. 7. OFFICE OF IMMIGRATION STATISTICS WITHIN BU-
REAU OF JUSTICE STATISTICS.
(a) IN GENERAL.—Part C of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3731
et seq.) is amended by adding at the end the following:
‘‘OFFICE OF IMMIGRATION STATISTICS
‘‘SEC. 305. (a) There is established within the Bureau
of Justice Statistics of the Department of Justice an Office
of Immigration Statistics (in this section referred to as the
‘Office’), which shall be headed by a Director 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 Im-
migration 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 the
effective date specified in section 15(a) of the Barbara
Jordan Immigration Reform and Accountability Act
of 2002).
‘‘(2) Establishment of standards of reliability
and validity for immigration statistics collected by
the Office of the Associate Attorney General for Immi-
gration Affairs, the Bureau of Citizenship and Immi-
gration Services, the Bureau of Immigration Enforce-
ment, and the Executive Office for Immigration Re-
view.
‘‘(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 pro-
vide statistical information to the Office of Immigration
Statistics from the operational data systems controlled by
the Office of the Associate Attorney General for Immigra-
tion Affairs, the Bureau of Citizenship and Immigration
Services, the Bureau of Immigration Enforcement, and the
Executive Office for Immigration Review, respectively, for
the purpose of meeting the responsibilities of the Director.’’.
(b) TRANSFER OF FUNCTIONS.—There are transferred
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 functions per-
formed by the Statistics Branch of the Office of Policy and
Planning of the Immigration and Naturalization Service
on the day before the effective date specified in section 15(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 informa-
tion and statistics involving the functions of the Of-
fice of the Associate Attorney General for Immigra-
tion Affairs, the Bureau of Citizenship and Immigra-
tion Services, the Bureau of Immigration Enforce-
ment, and the Executive Office for Immigration Re-
view.’’.
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 15(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 Attor-
ney General performs a function described in para-
graph (1), any reference in any other Federal law,
Executive order, rule, regulation, document, or delega-
tion of authority to the official otherwise responsible
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 pow-
ers, authorities, or duties of the Secretary of State and spe-
cial 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 Attor-
ney General, the Commissioner of the Immigration
and Naturalization Service, their delegates, or any
other Government official, or by a court of competent
jurisdiction, in the performance of any function 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 modi-
fied, terminated, superseded, set aside, or revoked in accord-
ance with law by the President, any other authorized offi-
cial, a court of competent jurisdiction, or operation of law.
(b) PROCEEDINGS.—Sections 4 and 6 and this section
shall not affect any proceedings or any application for any
benefit, service, license, permit, certificate, or financial as-
sistance pending on the effective date specified in section
15(a) before an office whose functions are transferred by
this Act, but such proceedings and applications shall be con-
tinued. Orders shall be issued in such proceedings, appeals
shall be taken therefrom, and payments shall be made pur-
suant to such orders, as if this Act had not been enacted,
and orders issued in any such proceeding shall continue in
effect until modified, terminated, superseded, or revoked by
a duly authorized official, by a court of competent jurisdic-
tion, 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 condi-
tions and to the same extent that such proceeding could have
been discontinued or modified if this section had not been
enacted.
(c) SUITS.—This Act shall not affect suits commenced
before the effective date specified in section 15(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 Department
of Justice or the Immigration and Naturalization Service,
or by or against any individual in the official capacity of
such individual as an officer or employee in connection
with a function transferred by this Act, shall abate by rea-
son of the enactment of this Act.
(e) CONTINUANCE OF SUITS.—If any Government offi-
cer 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 function is trans-
ferred 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 statu-
tory 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 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 trans-
ferred by this Act (and functions that the Attorney General
determines are properly related to the functions of the Bu-
reau of Citizenship and Immigration Services or the Bu-
reau of Immigration Enforcement and would, if trans-
ferred, further the purposes of the bureau to which the func-
tion is transferred), and the assets, liabilities, contracts,
property, records, and unexpended balance of appropria-
tions, authorizations, allocations, and other funds em-
ployed, 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 Divi-
sion in connection 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 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 were originally author-
ized 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 15(a).
(b) DELEGATION AND ASSIGNMENT.—Except as other-
wise expressly prohibited by law or otherwise provided in
this Act, of the Associate Attorney General for Immigration
Affairs, the Director of the Bureau of Citizenship and Im-
migration Services, and the Director of the Bureau of Im-
migration Enforcement, the person 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 Citizenship and Immigration Services, or the
Bureau of Immigration Enforcement, respectively, as the
person may designate, and may authorize successive redele-
gations of such functions as may be necessary or appro-
priate. No delegation of functions under this subsection or
under any other provision of this Act shall relieve the offi-
cial to whom a function is transferred under this Act of
responsibility for the administration of the function.
(c) AUTHORITIES OF ATTORNEY GENERAL.—The At-
torney General (or a delegate of the Attorney General), at
such time or times as the Attorney General (or the delegate)
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 dispositions
of personnel, assets, liabilities, grants, contracts, property,
records, and unexpended balances of appropriations, au-
thorizations, 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 General shall provide
for such further measures and dispositions as may be nec-
essary 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 Immigration
Affairs and those of the Bureau of Citizenship and Immi-
gration Services and the Bureau of Immigration Enforce-
ment are integrated with the databases of the Executive Of-
fice 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, or a no-
tice to alien in the case of an exclusion proceeding);
and
(2) the tracking of the status of any alien
throughout the alien’s contact with United States im-
migration authorities, without regard to whether the
entity with jurisdiction over the alien is the Bureau
of Citizenship and Immigration Services, the Bureau
of Immigration Enforcement, or the Executive Office
for Immigration Review.
SEC. 11. 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 ap-
propriated such sums as may be necessary to effect
the abolition of the Immigration and Naturalization
Service, the establishment of the Office of the Associate
Attorney General for Immigration Affairs, the Bureau
of Citizenship and Immigration Services, and the Bu-
reau of Immigration Enforcement and their compo-
nents, 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 natu-
ralization functions that is made necessary by this
Act (or any such amendment).
(2) AVAILABILITY OF FUNDS.—Amounts appro-
priated under paragraph (1) shall remain available
until expended.
(3) TRANSITION ACCOUNT.—
(A) ESTABLISHMENT.—There is established
in the general fund of the Treasury of the United
States a separate account, which shall be known
as the ‘‘Immigration Reorganization 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 appropriations Acts,
funds in the Account shall be available for ex-
penditure before the effective date specified in
section 15(a).
(b) SEPARATION OF FUNDING.—
(1) IN GENERAL.—There shall be established sep-
arate accounts in the Treasury of the United States
for appropriated funds and other deposits available
for the Bureau of Citizenship and Immigration Serv-
ices and the Bureau of Immigration Enforcement.
(2) SEPARATE
BUDGETS.—To ensure that the
Bureau of Citizenship and Immigration Services and
the Bureau of Immigration Enforcement are funded
to the extent necessary to fully carry out their respec-
tive functions, the Director of the Office of Manage-
ment and Budget shall separate the budget requests
for each such entity.
(3) FEES.—Fees imposed for a particular serv-
ice, application, or benefit shall be deposited into the
account established under paragraph (1) that is for
the bureau with jurisdiction over the function to
which the fee relates.
(4) FEES NOT TRANSFERABLE.—No fee may be
transferred between the Bureau of Citizenship and
Immigration Services and the Bureau of Immigration
Enforcement for purposes not authorized by section
286 of the Immigration and Nationality Act (8
U.S.C. 1356).
(5) ESTABLISHMENT OF FEES FOR ADJUDICA-
TION
AND
NATURALIZATION
SERVICES.—Section
286(m) of the Immigration and Nationality Act (8
U.S.C. 1356(m)) is amended by striking ‘‘services, in-
cluding the costs of similar services provided without
charge to asylum applicants or other immigrants.’’
and inserting ‘‘services.’’.
(6) AUTHORIZATION
OF
APPROPRIATIONS
FOR
REFUGEE AND ASYLUM ADJUDICATIONS.—There are
authorized to be appropriated such sums as may be
necessary to carry out the provisions of sections 207
through 209 of the Immigration and Nationality Act
(8 U.S.C. 1157–1159). All funds appropriated under
this paragraph shall be deposited into the Immigra-
tion Examinations Fee Account established under sec-
tion 286(m) of the Immigration and Nationality Act
(8 U.S.C. 1356(m)) and shall remain available until
expended.
(c) LEASING OR ACQUISITION OF PROPERTY.—Not-
withstanding the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 471 et seq.), the Attorney
General is authorized to expend, from the appropriation
provided for the administration and enforcement of the Im-
migration and Nationality Act (8 U.S.C. 1101 et seq.), such
amounts as may be necessary for the leasing or acquisition
of property in the fulfillment of establishing the Office of
the Associate Attorney General for Immigration Affairs, the
Bureau of Citizenship and Immigration Services, and the
Bureau of Immigration Enforcement under this Act.
(d) SENSE OF CONGRESS.—It is the sense of the Con-
gress that—
(1) the missions of the Office of the Associate At-
torney General for Immigration Affairs, the Bureau
of Citizenship and Immigration Services, and the Bu-
reau of Immigration Enforcement are equally impor-
tant and, accordingly, they each should be adequately
funded; and
(2) the functions of the Associate Attorney Gen-
eral for Immigration Affairs described in section 3,
the immigration adjudication and service functions
referred to in section 4, and the immigration enforce-
ment functions referred to in section 6 should not op-
erate at levels below that in existence prior to the en-
actment of this Act.
(e) ELIMINATION OF LIMITATION ON EXPENDITURES
FOR BACKLOG REDUCTION.—Section 204(b) of the Immi-
gration Services and Infrastructure Improvements Act of
2000 (8 U.S.C. 1573(b)) is amended by striking paragraph
(4).
SEC. 12. REPORTS AND IMPLEMENTATION PLANS.
(a) DIVISION OF FUNDS.—The Attorney General, not
later than 120 days after the date of the enactment of this
Act, shall submit to the Committees on Appropriations and
the Judiciary of the United States House of Representatives
Office of the Associate Attorney General for Immigra-
tion Affairs, the Bureau of Citizenship and Immigra-
tion Services, and the Bureau of Immigration En-
forcement, including the following:
(A) Organizational structure, including the
field structure.
(B) Chain of command.
(C) Procedures for interaction among such
office and bureaus.
(D) Procedures for the Director of Shared
Services to perform all shared support functions,
including authorizing the Director of the Bureau
of Citizenship and Immigration Services and the
Director of the Bureau of Immigration Enforce-
ment to approve training curricula and to ac-
quire such supplies and equipment as may be
necessary to perform the daily operations of that
director’s bureau.
(E) Procedures to establish separate ac-
counts and financial management systems for
the Bureau of Citizenship and Immigration
Services and the Bureau of Immigration En-
forcement, and to implement all provisions of
section 11(b).
(F) Fraud detection and investigation.
(G) The processing and handling of removal
proceedings, including expedited removal and
applications for relief from removal.
(H) 
Recommendations 
for 
conforming
amendments to the Immigration and Nationality
Act (8 U.S.C. 1101 et seq.).
(I) Establishment of a transition team.
(J) Ways to phase in the costs of separating
the administrative support systems of the Immi-
gration and Naturalization Service in order to
provide for separate administrative support sys-
tems for the Bureau of Citizenship and Immi-
gration Services and the Bureau of Immigration
Enforcement in instances where separate systems
are more efficient or effective.
(d) REPORT
ON
IMPROVING
IMMIGRATION
SERV-
ICES.—
(1) IN
GENERAL.—The Attorney General, not
later than 1 year after the date of the enactment of
this Act, shall submit to the Committees on the Judi-
ciary and Appropriations of the United States House
of Representatives and of the Senate a report con-
taining a plan for how the Director of the Bureau of
Citizenship and Immigration Services will complete
efficiently, fairly, and within a reasonable time, the
adjudications described in paragraphs (1) through (5)
of section 4(b).
(2) 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:
(A) Any potential savings of resources that
may be implemented without affecting the qual-
ity of the adjudication.
(B) The goal for processing time with re-
spect to the application.
(C) Any statutory modifications with re-
spect to the adjudication that the Attorney Gen-
eral considers advisable.
(3) CONSULTATION.—In carrying out paragraph
(1), the Attorney General shall consult with the Sec-
retary of State, the Secretary of Labor, the Associate
Attorney General for Immigration Affairs, the Direc-
tor of the Bureau of Immigration Enforcement, and
the Director of the Executive Office for Immigration
Review to determine how to streamline and improve
the process for applying for and making adjudica-
tions described in section 4(b) and related processes.
(e) REPORT
ON IMPROVING ENFORCEMENT FUNC-
TION.—
(1) IN
GENERAL.—The Attorney General, not
later than 1 year after the date of the enactment of
this Act, shall submit to the Committees on Appro-
priations and the Judiciary of the United States
House of Representatives and of the Senate a report
with a plan detailing how the Bureau of Immigration
Enforcement, after the transfer of functions performed
under the programs described in paragraphs (1)
through (5) of section 6(b), will enforce comprehen-
sively, effectively, and fairly all the enforcement pro-
visions of the Immigration and Nationality Act (8
U.S.C. 1101 et seq.) relating to such programs.
(2) CONSULTATION.—In carrying out paragraph
(1), the Attorney General shall consult with the Sec-
retary of State, the Director of the Federal Bureau of
Investigation, the Secretary of the Treasury, the Sec-
retary of Labor, the Commissioner of Social Security,
the Associate Attorney General for Immigration Af-
fairs, the Director of the Bureau of Citizenship and
Immigration Services, the Director of the Executive
Office for Immigration Review, and the heads of State
and local law enforcement agencies to determine how
to most effectively conduct enforcement operations.
(f) REPORT ON SHARED SERVICES.—The Attorney
General, not later than 3 years after the effective date speci-
fied in section 15(a), shall submit to the Committees on the
Judiciary and Appropriations of the United States House
of Representatives and of the Senate a report on whether
the Director of Shared Services is properly serving the Bu-
reau of Citizenship and Immigration Services and the Bu-
reau of Immigration Enforcement. The report should ad-
dress whether it would be more efficient to transfer one or
more of the functions described in section 3 to the Director
of the Bureau of Citizenship and Immigration Services or
the Director of the Bureau of Immigration Enforcement,
and shall include an estimate of the cost of any such trans-
fer that the Attorney General recommends. The report
should also address whether it would be more efficient to
transfer one or more of the functions described in sections
4 and 6 to the Office of the Associate Attorney General for
Immigration Affairs, and shall include an estimate of the
cost of any such transfer that the Attorney General rec-
ommends.
(g) COMPTROLLER
GENERAL
STUDIES
AND
RE-
PORTS.—
(1) STATUS REPORTS ON TRANSITION.—Not later
than 18 months after the effective date specified in
section 15(a), and every 6 months thereafter, until
full implementation of this Act has been completed,
the Comptroller General of the United States shall
submit to the Committees on Appropriations and on
the Judiciary of the United States House of Rep-
resentatives and the Senate a report containing the
following:
(A) A determination of whether the trans-
fers of functions made by sections 4 and 6 have
been completed, and if a transfer of functions has
not taken place, identifying the reasons why the
transfer has not taken place.
(B) If the transfers of functions made by
sections 4 and 6 have been completed, an identi-
fication of any issues that have arisen due to the
completed transfers.
(C) An identification of any issues that
may arise due to any future transfer of func-
tions.
(2) REPORT ON MANAGEMENT.—Not later than 4
years after the effective date specified in section 15(a),
the Comptroller General of the United States shall
submit to the Committees on Appropriations and on
the Judiciary of the United States House of Rep-
resentatives and the Senate a report, following a
study, containing the following:
(A) Determinations of whether the transfer
of functions from the Immigration and Natu-
ralization Service to the Bureau of Citizenship
and Immigration Services and the Bureau of
Immigration Enforcement, and the transfer of
functions from the Immigration and Naturaliza-
tion Service and the Office of Immigration Liti-
gation of the Civil Division to the Office of the
Associate Attorney General for Immigration Af-
fairs, under this Act have improved, with respect
to each function transferred, the following:
(i) Operations.
(ii) Management, including account-
ability and communication.
(iii) Financial administration.
(iv) Recordkeeping, including informa-
tion management and technology.
(B) A statement of the reasons for the deter-
minations under subparagraph (A).
(C) Any recommendations for further im-
provements to the Office of the Associate Attor-
ney General for Immigration Affairs, the Bureau
of Citizenship and Immigration Services, and
the Bureau of Immigration Enforcement.
(h) REPORT ON INTERIOR CHECKPOINTS.—Not later
than 6 months after the date of the enactment of this Act,
the Attorney General shall submit to the Congress a report
on whether all permanent interior checkpoints operated by
the Immigration and Naturalization Service ought to be
closed, and the funds that otherwise would be expended for
the operation of such checkpoints ought to be reallocated for
protecting and maintaining the integrity of the borders of
the United States and increasing enforcement at other
points of entry into the United States.
(i) REPORT
ON
RESPONDING
TO
FLUCTUATING
NEEDS.—Not later than 30 days after the date of the enact-
ment of this Act, the Attorney General shall submit to the
Congress a report on changes in law, including changes in
authorizations of appropriations and in appropriations,
that are needed to permit the Immigration and Naturaliza-
tion Service, and, after the effective date specified in section
15(a), the Bureau of Citizenship and Immigration Services,
to ensure a prompt and timely response to emergent, unfore-
seen, or impending changes in the number of applications
for immigration benefits, and otherwise to ensure the ac-
commodation of changing immigration service needs.
SEC. 
13. 
APPLICATION 
OF 
INTERNET-BASED 
TECH-
NOLOGIES.
(a) ESTABLISHMENT OF TRACKING SYSTEM.—The At-
torney General, 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 Internet-based system, that will permit a per-
son, employer, immigrant, or nonimmigrant who has fil-
ings with the Attorney General for any benefit under the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.),
access to online information about the processing status of
the filing involved.
(b) FEASIBILITY STUDY FOR ONLINE FILING AND IM-
PROVED PROCESSING.—
(1) ONLINE FILING.—The Attorney General, in
consultation with the Technology Advisory Committee
established under subsection (c), shall conduct a feasi-
bility study on the online filing of the filings de-
scribed in subsection (a). The study shall include a
review of computerization and technology of the Im-
migration and Naturalization Service relating to the
immigration services and processing of filings related
to immigrant services. The study shall also include an
estimate of the timeframe and cost and shall consider
other factors in implementing such a filing system,
including the feasibility of fee payment online.
(2) REPORT.—A report on the study under this
subsection shall be submitted to the Committees on the
Judiciary of the United States House of Representa-
tives and the Senate not later than 1 year after the
date of the enactment of this Act.
(c) TECHNOLOGY ADVISORY COMMITTEE.—
(1) ESTABLISHMENT.—The Attorney General
shall establish, not later than 60 days after the date
of the enactment of this Act, an advisory committee
(in this section referred to as the ‘‘Technology Advi-
sory Committee’’) to assist the Attorney General in—
(A) establishing the tracking system under
subsection (a); and
(B) conducting the study under subsection
(b).
The Technology Advisory Committee shall be estab-
lished after consultation with the Committees on the
Judiciary of the United States House of Representa-
tives and the Senate.
(2) COMPOSITION.—The Technology Advisory
Committee shall be composed of representatives from
high technology companies capable of establishing and
implementing the system in an expeditious manner,
and representatives of persons who may use the track-
ing system described in subsection (a) and the online
filing system described in subsection (b)(1).
SEC. 14. DEFINITIONS.
For purposes of this Act:
(1) The term ‘‘function’’ includes any duty, obli-
gation, power, authority, responsibility, right, privi-
lege, activity, or program.
(2) The term ‘‘office’’ includes any office, admin-
istration, agency, bureau, institute, council, unit, or-
ganizational entity, or component thereof.
SEC. 15. EFFECTIVE DATE; TRANSITION.
(a) IN GENERAL.—The abolishment of the Immigra-
tion and Naturalization Service, the establishment of the
Office of the Associate Attorney General for Immigration
Affairs, the Bureau of Citizenship and Immigration Serv-
ices, and the Bureau of Immigration Enforcement, the
transfers of functions specified under this Act, and the
amendments made by this Act, shall take effect 1 year after
the date of the enactment of this Act. The Associate Attorney
General for Immigration Affairs, the Director of the Bureau
of Citizenship and Immigration Services, and the Director
of the Bureau of Immigration Enforcement shall be ap-
pointed not later than such effective date. To the extent that
functions to be transferred to such persons under this Act
continue to be performed by the Immigration and Natu-
ralization Service and the Office of Immigration Litigation
of the Civil Division during fiscal year 2003, the Attorney
General shall provide for an appropriate accounting of
funds and an appropriate transfer of funds appropriated
to such entities to the appropriate component of the Office
of the Associate Attorney General for Immigration Affairs,
the Bureau of Citizenship and Immigration Services, or the
Bureau of Immigration Enforcement.
(b) TRANSITION PERIOD FOR CERTAIN BUREAU FUNC-
TIONS.—Notwithstanding subsection (a), during the 18-
month period after the transfer of functions under this Act
takes effect, the Associate Attorney General for Immigration
Affairs is authorized to perform the functions described in
subsections (c), (d), and (f) of each of sections 4 and 6 for
both the Bureau of Citizenship and Immigration Services
and the Bureau of Immigration Enforcement.
SEC. 16. CONFORMING AMENDMENT.
Section 5315 of title 5, United States Code, is amended
by striking the following:
‘‘Commissioner of Immigration and Naturaliza-
tion, Department of Justice.’’.
Amend the title so as to read: ‘‘A bill to replace the
Immigration and Naturalization Service with the Office
of the Associate Attorney General for Immigration Af-
fairs, the Bureau of Citizenship and Immigration Serv-
ices, and the Bureau of Immigration Enforcement, and
for other purposes.’’.
Union Calendar No. 246
107TH CONGRESS
2D SESSION
H. R. 3231
[Report No. 107–413]
A BILL
To replace the Immigration and Naturalization
Service with the Agency for Immigration Affairs,
and for other purposes.
APRIL 19, 2002
Reported with amendments, committed to the Committee
of the Whole House on the State of the Union, and or-
dered to be printed