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(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 re-
spective functions, the Director of the Office of Man-
agement and Budget shall separate the budget re-
quests 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 Immigra-
tion 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,
including the costs of similar services provided with-
out charge to asylum applicants or other immi-
grants.’’ and inserting ‘‘services.’’.
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(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
section 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
Immigration and Nationality Act (8 U.S.C. 1101 et seq.),
such amounts as may be necessary for the leasing or ac-
quisition of property in the fulfillment of establishing the
Office of the Associate Attorney General for Immigration
Affairs, the Bureau of Citizenship and Immigration Serv-
ices, and the Bureau of Immigration Enforcement under
this Act.
(d) SENSE OF CONGRESS.—It is the sense of the
Congress that—
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(1) the missions of the Office of the Associate
Attorney General for Immigration Affairs, the Bu-
reau of Citizenship and Immigration Services, and
the Bureau of Immigration Enforcement are equally
important and, accordingly, they each should be ade-
quately funded; and
(2) the functions of the Associate Attorney
General for Immigration Affairs described in section
3, the immigration adjudication and service func-
tions referred to in section 4, and the immigration
enforcement functions referred to in section 6 should
not operate at levels below that in existence prior to
the enactment of this Act.
(e) BACKLOG ELIMINATION.—Section 204(a) of the
Immigration Services and Infrastructure Improvements
Act of 2000 (8 U.S.C. 1573(a)) is amended by striking
‘‘October 17, 2000;’’ and inserting ‘‘the effective date
specified in section 15(a) of the Barbara Jordan Immigra-
tion Reform and Accountability Act of 2002;’’.
SEC. 14. 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 Appropria-
tions and the Judiciary of the United States House of
Representatives and of the Senate a report on the pro-
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posed division and transfer of funds, including unexpended
funds, appropriations, and fees, among the Office of the
Associate Attorney General for Immigration Affairs, the
Bureau of Citizenship and Immigration Services, and the
Bureau of Immigration Enforcement.
(b) DIVISION OF PERSONNEL.—The Attorney Gen-
eral, not later than 120 days after the date of the enact-
ment of this Act, shall submit to the Committees on Ap-
propriations and the Judiciary of the United States House
of Representatives and of the Senate a report on the pro-
posed division of personnel among the Office of the Asso-
ciate Attorney General for Immigration Affairs, the Bu-
reau of Citizenship and Immigration Services, and the Bu-
reau of Immigration Enforcement.
(c) IMPLEMENTATION PLAN.—
(1) IN GENERAL.—The Attorney General, not
later than 120 days after the date of the enactment
of this Act, and every 6 months thereafter until the
termination of fiscal year 2005, shall submit to the
Committees on Appropriations and the Judiciary of
the United States House of Representatives and of
the Senate an implementation plan to carry out this
Act.
(2) 
CONTENTS.—The 
implementation 
plan
should include details concerning the separation of
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the Office of the Associate Attorney General for Im-
migration Affairs, the Bureau of Citizenship and
Immigration Services, and the Bureau of Immigra-
tion Enforcement, 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 func-
tions, including authorizing the Director of the
Bureau of Citizenship and Immigration Services
and the Director of the Bureau of Immigration
Enforcement to approve training curricula and
to acquire 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 13(b).
(F) Fraud detection and investigation.
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(G) The processing and handling of re-
moval proceedings, including expedited removal
and applications for relief from removal.
(H) 
Recommendations 
for 
conforming
amendments to the Immigration and Nation-
ality Act (8 U.S.C. 1101 et seq.).
(I) Establishment of a transition team.
(J) Ways to phase in the costs of sepa-
rating the administrative support systems of
the Immigration and Naturalization Service in
order to provide for separate administrative
support systems for the Bureau of Citizenship
and Immigration Services and the Bureau of
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 Ju-
diciary and Appropriations of the United States
House of Representatives and of the Senate a report
containing a plan for how the Director of the Bu-
reau of Citizenship and Immigration Services will
complete efficiently, fairly, and within a reasonable
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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
General considers advisable.
(3) CONSULTATION.—In carrying out para-
graph (1), the Attorney General shall consult with
the Secretary of State, the Secretary of Labor, the
Associate Attorney General for Immigration Affairs,
the Director of the Bureau of Immigration Enforce-
ment, and the Director of the Executive Office for
Immigration Review to determine how to streamline
and improve the process for applying for and mak-
ing adjudications described in section 4(b) and re-
lated processes.
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(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 Immigra-
tion Enforcement, after the transfer of functions
performed under the programs described in para-
graphs (1) through (5) of section 6(b), will enforce
comprehensively, effectively, and fairly all the en-
forcement provisions of the Immigration and Nation-
ality Act (8 U.S.C. 1101 et seq.) relating to such
programs.
(2) CONSULTATION.—In carrying out para-
graph (1), the Attorney General shall consult with
the Secretary of State, the Director of the Federal
Bureau of Investigation, the Secretary of the Treas-
ury, the Secretary of Labor, the Commissioner of
Social Security, the Associate Attorney General for
Immigration Affairs, 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 agen-
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cies to determine how to most effectively conduct en-
forcement operations.
(f) REPORT ON SHARED SERVICES.—The Attorney
General, not later than 3 years after the effective date
specified in section 17(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 serv-
ing the Bureau of Citizenship and Immigration Services
and the Bureau of Immigration Enforcement. The report
should address whether it would be more efficient to trans-
fer one or more of the functions described in section 3
to the Director of the Bureau of Citizenship and Immigra-
tion Services or the Director of the Bureau of Immigration
Enforcement, and shall include an estimate of the cost of
any such transfer 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 esti-
mate of the cost of any such transfer that the Attorney
General recommends.
(g) COMPTROLLER GENERAL STUDIES
AND RE-
PORTS.—
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(1) STATUS
REPORTS
ON
TRANSITION.—Not
later than 18 months after the effective date speci-
fied in section 17(a), and every 6 months thereafter,
until full implementation of this Act has been com-
pleted, the Comptroller General of the United States
shall submit to the Committees on Appropriations
and on the Judiciary of the United States House of
Representatives and the Senate a report containing
the following:
(A) A determination of whether the trans-
fers of functions made by 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 iden-
tification of any issues that have arisen due to
the completed transfers.
(C) An identification of any issues that
may arise due to any future transfer of func-
tions.
(2) REPORT ON MANAGEMENT.—Not later than
4 years after the effective date specified in section
17(a), the Comptroller General of the United States
shall submit to the Committees on Appropriations
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and on the Judiciary of the United States House of
Representatives 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 re-
spect to each function transferred, the fol-
lowing:
(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 de-
terminations under subparagraph (A).
(C) Any recommendations for further im-
provements to the Office of the Associate Attor-
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ney General for Immigration Affairs, the Bu-
reau of Citizenship and Immigration Services,
and the Bureau of Immigration Enforcement.
(3) REPORT ON FEES.—Not later than 90 days
after the date of the enactment of this Act, the
Comptroller General of the United States shall sub-
mit to the Committees on the Judiciary of the
House of Representatives and of the Senate a report
examining whether the Bureau of Citizenship and
Immigration Services is likely to derive sufficient
funds from fees to carry out its functions in the ab-
sence of appropriated funds.
(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 reallo-
cated 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 en-
actment of this Act, the Attorney General shall submit to
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the Congress a report on changes in law, including
changes in authorizations of appropriations and in appro-
priations, that are needed to permit the Immigration and
Naturalization Service, and, after the effective date speci-
fied in section 17(a), the Bureau of Citizenship and Immi-
gration Services, to ensure a prompt and timely response
to emergent, unforeseen, or impending changes in the
number of applications for immigration benefits, and oth-
erwise to ensure the accommodation of changing immigra-
tion service needs.
SEC. 
15. 
APPLICATION 
OF 
INTERNET-BASED 
TECH-
NOLOGIES.
(a) ESTABLISHMENT OF TRACKING SYSTEM.—The
Attorney General, not later than 1 year after the date of
the enactment of this Act, in consultation with the Tech-
nology Advisory Committee established under subsection
(c), shall establish an Internet-based system, that will per-
mit a person, employer, immigrant, or nonimmigrant who
has filings with the Attorney General for any benefit under
the Immigration and Nationality Act (8 U.S.C. 1101 et
seq.), access to online information about the processing
status of the filing involved.
(b) FEASIBILITY STUDY FOR ONLINE FILING AND
IMPROVED PROCESSING.—
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(1) ONLINE FILING.—The Attorney General, in
consultation with the Technology Advisory Com-
mittee established under subsection (c), shall con-
duct a feasibility study on the online filing of the fil-
ings described in subsection (a). The study shall in-
clude a review of computerization and technology of
the Immigration and Naturalization Service relating
to the immigration services and processing of filings
related to immigrant services. The study shall also
include an estimate of the timeframe and cost and
shall consider other factors in implementing such a
filing system, including the feasibility of fee payment
online.
(2) REPORT.—A report on the study under this
subsection shall be submitted to the Committees on
the Judiciary of the United States House of Rep-
resentatives and the Senate not later than 1 year
after the 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—
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(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 estab-
lishing and implementing the system in an expedi-
tious manner, and representatives of persons who
may use the tracking system described in subsection
(a) and the online filing system described in sub-
section (b)(1).
SEC. 16. DEFINITIONS.
For purposes of this Act:
(1) The term ‘‘function’’ includes any duty, ob-
ligation, power, authority, responsibility, right, privi-
lege, activity, or program.
(2) The term ‘‘office’’ includes any office, ad-
ministration, agency, bureau, institute, council, unit,
organizational entity, or component thereof.
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SEC. 17. 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 appointed 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 Immigra-
tion and Naturalization Service and the Office of Immi-
gration Litigation of the Civil Division during fiscal year
2003, the Attorney General shall provide for an appro-
priate 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 En-
forcement.
(b) TRANSITION PERIOD
FOR CERTAIN BUREAU
FUNCTIONS.—Notwithstanding subsection (a), during the
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18-month period after the transfer of functions under this
Act takes effect, the Associate Attorney General for Immi-
gration Affairs is authorized to perform the functions de-
scribed in subsections (c), (d), and (f) of each of sections
4 and 6 for both the Bureau of Citizenship and Immigra-
tion Services and the Bureau of Immigration Enforce-
ment.
SEC. 18. 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.’’.
Passed the House of Representatives April 25, 2002.
Attest:
JEFF TRANDAHL,
Clerk.