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thority of the Under Secretary for Border and Transpor-
tation Security, which shall be vested with those functions
including, but not limited to those set forth in section
415(7), and the personnel, assets, and liabilities attrib-
utable to those functions.
(b) COMMISSIONER OF CUSTOMS.—
(1) IN GENERAL.—There shall be at the head of
the Customs Service a Commissioner of Customs, who
shall be appointed by the President, by and with the
advice and consent of the Senate.
(2) COMPENSATION.—Section 5314 of title 5,
United States Code, is amended by striking
‘‘Commissioner of Customs, Department of the
Treasury’’
and inserting
‘‘Commissioner of Customs, Department of
Homeland Security.’’.
(3) CONTINUATION IN OFFICE.—The individual
serving as the Commissioner of Customs on the day
before the effective date of this Act may serve as the
Commissioner of Customs on and after such effective
date until a Commissioner of Customs is appointed
under paragraph (1).
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SEC. 412. RETENTION OF CUSTOMS REVENUE FUNCTIONS
BY SECRETARY OF THE TREASURY.
(a) RETENTION OF CUSTOMS REVENUE FUNCTIONS BY
SECRETARY OF THE TREASURY.—
(1) 
RETENTION
OF
AUTHORITY.—Notwith-
standing section 403(a)(1), authority related to Cus-
toms revenue functions that was vested in the Sec-
retary of the Treasury by law before the effective date
of this Act under those provisions of law set forth in
paragraph (2) shall not be transferred to the Sec-
retary by reason of this Act, and on and after the ef-
fective date of this Act, the Secretary of the Treasury
may delegate any such authority to the Secretary at
the discretion of the Secretary of the Treasury. The
Secretary of the Treasury shall consult with the Sec-
retary regarding the exercise of any such authority
not delegated to the Secretary.
(2) STATUTES.—The provisions of law referred
to in paragraph (1) are the following: the Tariff Act
of 1930; section 249 of the Revised Statutes of the
United States (19 U.S.C. 3); section 2 of the Act of
March 4, 1923 (19 U.S.C. 6); section 13031 of the
Consolidated Omnibus Budget Reconciliation Act of
1985 (19 U.S.C. 58c); section 251 of the Revised Stat-
utes of the United States (19 U.S.C. 66); section 1 of
the Act of June 26, 1930 (19 U.S.C. 68); the Foreign
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Trade Zones Act (19 U.S.C. 81a et seq.); section 1 of
the Act of March 2, 1911 (19 U.S.C. 198); the Trade
Act of 1974; the Trade Agreements Act of 1979; the
North American Free Trade Area Implementation
Act; the Uruguay Round Agreements Act; the Carib-
bean Basin Economic Recovery Act; the Andean
Trade Preference Act; the African Growth and Oppor-
tunity Act; and any other provision of law vesting
customs revenue functions in the Secretary of the
Treasury.
(b) MAINTENANCE
OF CUSTOMS REVENUE FUNC-
TIONS.—
(1) MAINTENANCE
OF
FUNCTIONS.—Notwith-
standing any other provision of this Act, the Sec-
retary may not consolidate, discontinue, or diminish
those functions described in paragraph (2) performed
by the United States Customs Service (as established
under section 411) on or after the effective date of this
Act, reduce the staffing level, or reduce the resources
attributable to such functions, and the Secretary shall
ensure that an appropriate management structure is
implemented to carry out such functions.
(2) FUNCTIONS.—The functions referred to in
paragraph (1) are those functions performed by the
following personnel, and associated support staff, of
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the United States Customs Service on the day before
the effective date of this Act: Import Specialists,
Entry Specialists, Drawback Specialists, National
Import Specialist, Fines and Penalties Specialists,
attorneys of the Office of Regulations and Rulings,
Customs Auditors, International Trade Specialists,
Financial Systems Specialists.
(c) NEW PERSONNEL.—The Secretary of the Treasury
is authorized to appoint up to 20 new personnel to work
with personnel of the Department in performing customs
revenue functions.
SEC. 413. PRESERVATION OF CUSTOMS FUNDS.
Notwithstanding any other provision of this Act, no
funds available to the United States Customs Service or col-
lected under paragraphs (1) through (8) of section 13031(a)
of the Consolidated Omnibus Budget Reconciliation Act of
1985 may be transferred for use by any other agency or
office in the Department.
SEC. 414. SEPARATE BUDGET REQUEST FOR CUSTOMS.
The President shall include in each budget transmitted
to Congress under section 1105 of title 31, United States
Code, a separate budget request for the United States Cus-
toms Service.
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SEC. 415. DEFINITION.
In this subtitle, the term ‘‘customs revenue function’’
means the following:
(1) Assessing and collecting customs duties (in-
cluding antidumping and countervailing duties and
duties imposed under safeguard provisions), excise
taxes, fees, and penalties due on imported merchan-
dise, including classifying and valuing merchandise
for purposes of such assessment.
(2) Processing and denial of entry of persons,
baggage, cargo, and mail, with respect to the assess-
ment and collection of import duties.
(3) Detecting and apprehending persons engaged
in fraudulent practices designed to circumvent the
customs laws of the United States.
(4) Enforcing section 337 of the Tariff Act of
1930 and provisions relating to import quotas and
the marking of imported merchandise, and providing
Customs Recordations for copyrights, patents, and
trademarks.
(5) Collecting accurate import data for compila-
tion of international trade statistics.
(6) Enforcing reciprocal trade agreements.
(7) Functions performed by the following per-
sonnel, and associated support staff, of the United
States Customs Service on the day before the effective
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date of this Act: Import Specialists, Entry Special-
ists, Drawback Specialists, National Import Spe-
cialist, Fines and Penalties Specialists, attorneys of
the Office of Regulations and Rulings, Customs Audi-
tors, International Trade Specialists, Financial Sys-
tems Specialists.
(8) Functions performed by the following offices,
with respect to any function described in any of para-
graphs (1) through (7), and associated support staff,
of the United States Customs Service on the day be-
fore the effective date of this Act: the Office of Infor-
mation and Technology, the Office of Laboratory
Services, the Office of the Chief Counsel, the Office of
Congressional Affairs, the Office of International Af-
fairs, and the Office of Training and Development.
SEC. 416. GAO REPORT TO CONGRESS.
Not later than 3 months after the effective date of this
Act, the Comptroller General of the United States shall sub-
mit to Congress a report that sets forth all trade functions
performed by the executive branch, specifying each agency
that performs each such function.
SEC. 417. ALLOCATION OF RESOURCES BY THE SECRETARY.
(a) IN GENERAL.—The Secretary shall ensure that
adequate staffing is provided to assure that levels of customs
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before such the effective date of this Act, to be so submitted
under any provision of law.
(b) REPORT
ON CONFORMING AMENDMENTS.—Not
later than 60 days after the date of enactment of this Act,
the Secretary of the Treasury shall submit a report to the
Committee on Finance of the Senate and the Committee on
Ways and Means of the House of Representatives of pro-
posed conforming amendments to the statutes set forth
under section 412(a)(2) in order to determine the appro-
priate allocation of legal authorities described under this
subsection. The Secretary of the Treasury shall also identify
those authorities vested in the Secretary of the Treasury
that are exercised by the Commissioner of Customs on or
before the effective date of this section.
SEC. 419. CUSTOMS USER FEES.
(a) IN GENERAL.—Section 13031(f) of the Consoli-
dated Omnibus Budget Reconciliation Act of 1985 (19
U.S.C. 58c(f)) is amended—
(1) in paragraph (1), by striking subparagraph
(B) and inserting the following:
‘‘(B) amounts deposited into the Customs
Commercial and Homeland Security Automation
Account under paragraph (5).’’;
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(2) in paragraph (4), by striking ‘‘(other than
the excess fees determined by the Secretary under
paragraph (5))’’; and
(3) by striking paragraph (5) and inserting the
following:
‘‘(5)(A) There is created within the general fund of the
Treasury a separate account that shall be known as the
‘Customs Commercial and Homeland Security Automation
Account’. In each of fiscal years 2003, 2004, and 2005 there
shall be deposited into the Account from fees collected under
subsection (a)(9)(A), $350,000,000.
‘‘(B) There is authorized to be appropriated from the
Account in fiscal years 2003 through 2005 such amounts
as are available in that Account for the development, estab-
lishment, and implementation of the Automated Commer-
cial Environment computer system for the processing of
merchandise that is entered or released and for other pur-
poses related to the functions of the Department of Home-
land Security. Amounts appropriated pursuant to this sub-
paragraph are authorized to remain available until ex-
pended.
‘‘(C) In adjusting the fee imposed by subsection
(a)(9)(A) for fiscal year 2006, the Secretary of the Treasury
shall reduce the amount estimated to be collected in fiscal
year 2006 by the amount by which total fees deposited to
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the Account during fiscal years 2003, 2004, and 2005 exceed
total appropriations from that Account.’’.
(b) CONFORMING AMENDMENT.—Section 311(b) of the
Customs Border Security Act of 2002 (Public Law 107–
210) is amended by striking paragraph (2).
Subtitle C—Miscellaneous
Provisions
SEC. 421. TRANSFER OF CERTAIN AGRICULTURAL INSPEC-
TION FUNCTIONS OF THE DEPARTMENT OF
AGRICULTURE.
(a) TRANSFER OF AGRICULTURAL IMPORT AND ENTRY
INSPECTION FUNCTIONS.—There shall be transferred to the
Secretary the functions of the Secretary of Agriculture relat-
ing to agricultural import and entry inspection activities
under the laws specified in subsection (b).
(b) COVERED
ANIMAL
AND
PLANT
PROTECTION
LAWS.—The laws referred to in subsection (a) are the fol-
lowing:
(1) The Act commonly known as the Virus-
Serum-Toxin Act (the eighth paragraph under the
heading ‘‘Bureau of Animal Industry’’ in the Act of
March 4, 1913; 21 U.S.C. 151 et seq.).
(2) Section 1 of the Act of August 31, 1922 (com-
monly known as the Honeybee Act; 7 U.S.C. 281).
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(3) Title III of the Federal Seed Act (7 U.S.C.
1581 et seq.).
(4) The Plant Protection Act (7 U.S.C. 7701 et
seq.).
(5) The Animal Health Protection Act (subtitle
E of title X of Public Law 107–171; 7 U.S.C. 8301
et seq.).
(6) The Lacey Act Amendments of 1981 (16
U.S.C. 3371 et seq.).
(7) Section 11 of the Endangered Species Act of
1973 (16 U.S.C. 1540).
(c) EXCLUSION
OF QUARANTINE ACTIVITIES.—For
purposes of this section, the term ‘‘functions’’ does not in-
clude any quarantine activities carried out under the laws
specified in subsection (b).
(d) EFFECT OF TRANSFER.—
(1) COMPLIANCE WITH DEPARTMENT OF AGRI-
CULTURE REGULATIONS.—The authority transferred
pursuant to subsection (a) shall be exercised by the
Secretary in accordance with the regulations, policies,
and procedures issued by the Secretary of Agriculture
regarding the administration of the laws specified in
subsection (b).
(2) RULEMAKING COORDINATION.—The Secretary
of Agriculture shall coordinate with the Secretary
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whenever the Secretary of Agriculture prescribes regu-
lations, policies, or procedures for administering the
functions transferred under subsection (a) under a
law specified in subsection (b).
(3) 
EFFECTIVE
ADMINISTRATION.—The 
Sec-
retary, in consultation with the Secretary of Agri-
culture, may issue such directives and guidelines as
are necessary to ensure the effective use of personnel
of the Department of Homeland Security to carry out
the functions transferred pursuant to subsection (a).
(e) TRANSFER AGREEMENT.—
(1) AGREEMENT
REQUIRED; REVISION.—Before
the end of the transition period, as defined in section
1501, the Secretary of Agriculture and the Secretary
shall enter into an agreement to effectuate the transfer
of functions required by subsection (a). The Secretary
of Agriculture and the Secretary may jointly revise
the agreement as necessary thereafter.
(2) REQUIRED TERMS.—The agreement required
by this subsection shall specifically address the fol-
lowing:
(A) The supervision by the Secretary of Ag-
riculture of the training of employees of the Sec-
retary to carry out the functions transferred pur-
suant to subsection (a).
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(B) The transfer of funds to the Secretary
under subsection (f).
(3) COOPERATION AND RECIPROCITY.—The Sec-
retary of Agriculture and the Secretary may include
as part of the agreement the following:
(A) Authority for the Secretary to perform
functions delegated to the Animal and Plant
Health Inspection Service of the Department of
Agriculture regarding the protection of domestic
livestock and plants, but not transferred to the
Secretary pursuant to subsection (a).
(B) Authority for the Secretary of Agri-
culture to use employees of the Department of
Homeland Security to carry out authorities dele-
gated to the Animal and Plant Health Inspec-
tion Service regarding the protection of domestic
livestock and plants.
(f) PERIODIC TRANSFER OF FUNDS TO DEPARTMENT
OF HOMELAND SECURITY.—
(1) TRANSFER
OF
FUNDS.—Out of funds col-
lected by fees authorized under sections 2508 and
2509 of the Food, Agriculture, Conservation, and
Trade Act of 1990 (21 U.S.C. 136, 136a), the Sec-
retary of Agriculture shall transfer, from time to time
in accordance with the agreement under subsection
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(e), to the Secretary funds for activities carried out
by the Secretary for which such fees were collected.
(2) LIMITATION.—The proportion of fees collected
pursuant to such sections that are transferred to the
Secretary under this subsection may not exceed the
proportion of the costs incurred by the Secretary to
all costs incurred to carry out activities funded by
such fees.
(g) TRANSFER OF DEPARTMENT OF AGRICULTURE EM-
PLOYEES.—Not later than the completion of the transition
period defined under section 1501, the Secretary of Agri-
culture shall transfer to the Secretary not more than 3,200
full-time equivalent positions of the Department of Agri-
culture.
(h) PROTECTION OF INSPECTION ANIMALS.—Title V of
the Agricultural Risk Protection Act of 2000 (7 U.S.C.
2279e, 2279f) is amended—
(1) in section 501(a)—
(A) by inserting ‘‘or the Department of
Homeland Security’’ after ‘‘Department of Agri-
culture’’; and
(B) by inserting ‘‘or the Secretary of Home-
land Security’’ after ‘‘Secretary of Agriculture’’;
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(2) by striking ‘‘Secretary’’ each place it appears
(other than in sections 501(a) and 501(e)) and insert-
ing ‘‘Secretary concerned’’; and
(3) by adding at the end of section 501 the fol-
lowing new subsection:
‘‘(e) SECRETARY CONCERNED DEFINED.—In this title,
the term ‘Secretary concerned’ means—
‘‘(1) the Secretary of Agriculture, with respect to
an animal used for purposes of official inspections by
the Department of Agriculture; and
‘‘(2) the Secretary of Homeland Security, with
respect to an animal used for purposes of official in-
spections by the Department of Homeland Security.’’.
SEC. 422. FUNCTIONS OF ADMINISTRATOR OF GENERAL
SERVICES.
(a) OPERATION, MAINTENANCE, AND PROTECTION OF
FEDERAL BUILDINGS AND GROUNDS.—Nothing in this Act
may be construed to affect the functions or authorities of
the Administrator of General Services with respect to the
operation, maintenance, and protection of buildings and
grounds owned or occupied by the Federal Government and
under the jurisdiction, custody, or control of the Adminis-
trator. Except for the law enforcement and related security
functions transferred under section 403(3), the Adminis-
trator shall retain all powers, functions, and authorities
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vested in the Administrator under chapter 10 of title 40,
United States Code, and other provisions of law that are
necessary for the operation, maintenance, and protection of
such buildings and grounds.
(b) COLLECTION
OF RENTS
AND FEES; FEDERAL
BUILDINGS FUND.—
(1) STATUTORY CONSTRUCTION.—Nothing in this
Act may be construed—
(A) to direct the transfer of, or affect, the
authority of the Administrator of General Serv-
ices to collect rents and fees, including fees col-
lected for protective services; or
(B) to authorize the Secretary or any other
official in the Department to obligate amounts
in the Federal Buildings Fund established by
section 490(f) of title 40, United States Code.
(2) USE
OF
TRANSFERRED
AMOUNTS.—Any
amounts transferred by the Administrator of General
Services to the Secretary out of rents and fees col-
lected by the Administrator shall be used by the Sec-
retary solely for the protection of buildings or grounds
owned or occupied by the Federal Government.
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SEC. 423. FUNCTIONS OF TRANSPORTATION SECURITY AD-
MINISTRATION.
(a) CONSULTATION WITH FEDERAL AVIATION ADMIN-
ISTRATION.—The Secretary and other officials in the De-
partment shall consult with the Administrator of the Fed-
eral Aviation Administration before taking any action that
might affect aviation safety, air carrier operations, aircraft
airworthiness, or the use of airspace. The Secretary shall
establish a liaison office within the Department for the pur-
pose of consulting with the Administrator of the Federal
Aviation Administration.
(b) REPORT TO CONGRESS.—Not later than 60 days
after the date of enactment of this Act, the Secretary of
Transportation shall transmit to Congress a report con-
taining a plan for complying with the requirements of sec-
tion 44901(d) of title 49, United States Code, as amended
by section 425 of this Act.
(c) LIMITATIONS ON STATUTORY CONSTRUCTION.—
(1) GRANT OF AUTHORITY.—Nothing in this Act
may be construed to vest in the Secretary or any
other official in the Department any authority over
transportation security that is not vested in the
Under Secretary of Transportation for Security, or in
the Secretary of Transportation under chapter 449 of
title 49, United States Code, on the day before the
date of enactment of this Act.
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(2) OBLIGATION OF AIP FUNDS.—Nothing in this
Act may be construed to authorize the Secretary or
any other official in the Department to obligate
amounts made available under section 48103 of title
49, United States Code.
SEC. 424. PRESERVATION OF TRANSPORTATION SECURITY
ADMINISTRATION AS A DISTINCT ENTITY.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of this Act, and subject to subsection (b), the Transpor-
tation Security Administration shall be maintained as a
distinct entity within the Department under the Under Sec-
retary for Border Transportation and Security.
(b) SUNSET.—Subsection (a) shall cease to apply 2
years after the date of enactment of this Act.
SEC. 425. EXPLOSIVE DETECTION SYSTEMS.
Section 44901(d) of title 49, United States Code,
is amended by adding at the end the following:
‘‘(2) DEADLINE.—
‘‘(A) IN GENERAL.—If, in his discretion or
at the request of an airport, the Under Secretary
of Transportation for Security determines that
the Transportation Security Administration is
not able to deploy explosive detection systems re-
quired to be deployed under paragraph (1) at all
airports where explosive detection systems are re-
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quired by December 31, 2002, then with respect
to each airport for which the Under Secretary
makes that determination—
‘‘(i) the Under Secretary shall submit
to the Senate Committee on Commerce,
Science, and Transportation and the House
of Representatives Committee on Transpor-
tation and Infrastructure a detailed plan
(which may be submitted in classified form)
for the deployment of the number of explo-
sive detection systems at that airport nec-
essary to meet the requirements of para-
graph (1) as soon as practicable at that air-
port but in no event later than December
31, 2003; and
‘‘(ii) the Under Secretary shall take all
necessary action to ensure that alternative
means of screening all checked baggage is
implemented until the requirements of para-
graph (1) have been met.
‘‘(B) CRITERIA
FOR
DETERMINATION.—In
making a determination under subparagraph
(A), the Under Secretary shall take into
account—
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‘‘(i) the nature and extent of the re-
quired modifications to the airport’s ter-
minal buildings, and the technical, engi-
neering, design and construction issues;
‘‘(ii) the need to ensure that such in-
stallations and modifications are effective;
and
‘‘(iii) the feasibility and cost-effective-
ness of deploying explosive detection systems
in the baggage sorting area or other non-
public area rather than the lobby of an air-
port terminal building.
‘‘(C) RESPONSE.—The Under Secretary
shall respond to the request of an airport under
subparagraph (A) within 14 days of receiving
the request. A denial of request shall create no
right of appeal or judicial review.
‘‘(D) AIRPORT
EFFORT
REQUIRED.—Each
airport with respect to which the Under Sec-
retary makes a determination under subpara-
graph (A) shall—
‘‘(i) cooperate fully with the Transpor-
tation Security Administration with respect
to screening checked baggage and changes to
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accommodate explosive detection systems;
and
‘‘(ii) make security projects a priority
for the obligation or expenditure of funds
made available under chapter 417 or 471
until explosive detection systems required to
be deployed under paragraph (1) have been
deployed at that airport.
‘‘(3) REPORTS.—Until the Transportation Secu-
rity Administration has met the requirements of
paragraph (1), the Under Secretary shall submit a
classified report every 30 days after the date of enact-
ment of this Act to the Senate Committee on Com-
merce, Science, and Transportation and the House of
Representatives Committee on Transportation and
Infrastructure describing the progress made toward
meeting such requirements at each airport.’’.
SEC. 426. TRANSPORTATION SECURITY.
(a) 
TRANSPORTATION
SECURITY
OVERSIGHT
BOARD.—
(1) ESTABLISHMENT.—Section 115(a) of title 49,
United States Code, is amended by striking ‘‘Depart-
ment of Transportation’’ and inserting ‘‘Department
of Homeland Security’’.
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(2) MEMBERSHIP.—Section 115(b)(1) of title 49,
United States Code, is amended—
(A) by striking subparagraph (G);
(B) by redesignating subparagraphs (A)
through (F) as subparagraphs (B) through (G),
respectively; and
(C) by inserting before subparagraph (B)
(as so redesignated) the following:
‘‘(A) The Secretary of Homeland Security,
or the Secretary’s designee.’’.
(3) CHAIRPERSON.—Section 115(b)(2) of title 49,
United States Code, is amended by striking ‘‘Sec-
retary of Transportation’’ and inserting ‘‘Secretary of
Homeland Security’’.
(b) APPROVAL OF AIP GRANT APPLICATIONS FOR SE-
CURITY ACTIVITIES.—Section 47106 of title 49, United
States Code, is amended by adding at the end the following:
‘‘(g) CONSULTATION WITH SECRETARY OF HOMELAND
SECURITY.—The Secretary shall consult with the Secretary
of Homeland Security before approving an application
under this subchapter for an airport development project
grant for activities described in section 47102(3)(B)(ii)
only as they relate to security equipment or section
47102(3)(B)(x) only as they relate to installation of bulk
explosive detection system.’’.
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SEC. 427. COORDINATION OF INFORMATION AND INFORMA-
TION TECHNOLOGY.
(a) DEFINITION OF AFFECTED AGENCY.—In this sec-
tion, the term ‘‘affected agency’’ means—
(1) the Department;
(2) the Department of Agriculture;
(3) the Department of Health and Human Serv-
ices; and
(4) any other department or agency determined
to be appropriate by the Secretary.
(b) COORDINATION.—The Secretary, in coordination
with the Secretary of Agriculture, the Secretary of Health
and Human Services, and the head of each other depart-
ment or agency determined to be appropriate by the Sec-
retary, shall ensure that appropriate information (as deter-
mined by the Secretary) concerning inspections of articles
that are imported or entered into the United States, and
are inspected or regulated by 1 or more affected agencies,
is timely and efficiently exchanged between the affected
agencies.
(c) REPORT AND PLAN.—Not later than 18 months
after the date of enactment of this Act, the Secretary, in
consultation with the Secretary of Agriculture, the Sec-
retary of Health and Human Services, and the head of each
other department or agency determined to be appropriate
by the Secretary, shall submit to Congress—
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(1) a report on the progress made in imple-
menting this section; and
(2) a plan to complete implementation of this
section.
SEC. 428. VISA ISSUANCE.
(a) DEFINITION.—In this subsection, the term ‘‘con-
sular office’’ has the meaning given that term under section
101(a)(9) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(9)).
(b) IN GENERAL.—Notwithstanding section 104(a) of
the Immigration and Nationality Act (8 U.S.C. 1104(a))
or any other provision of law, and except as provided in
subsection (c) of this section, the Secretary—
(1) shall be vested exclusively with all authorities
to issue regulations with respect to, administer, and
enforce the provisions of such Act, and of all other im-
migration and nationality laws, relating to the func-
tions of consular officers of the United States in con-
nection with the granting or refusal of visas, and
shall have the authority to refuse visas in accordance
with law and to develop programs of homeland secu-
rity training for consular officers (in addition to con-
sular training provided by the Secretary of State),
which authorities shall be exercised through the Sec-
retary of State, except that the Secretary shall not
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have authority to alter or reverse the decision of a
consular officer to refuse a visa to an alien; and
(2) shall have authority to confer or impose upon
any officer or employee of the United States, with the
consent of the head of the executive agency under
whose jurisdiction such officer or employee is serving,
any of the functions specified in paragraph (1).
(c) AUTHORITY OF THE SECRETARY OF STATE.—
(1) IN
GENERAL.—Notwithstanding subsection
(b), the Secretary of State may direct a consular offi-
cer to refuse a visa to an alien if the Secretary of
State deems such refusal necessary or advisable in the
foreign policy or security interests of the United
States.
(2) CONSTRUCTION
REGARDING
AUTHORITY.—
Nothing in this section, consistent with the Secretary
of Homeland Security’s authority to refuse visas in
accordance with law, shall be construed as affecting
the authorities of the Secretary of State under the fol-
lowing provisions of law:
(A) Section 101(a)(15)(A) of the Immigra-
tion 
and 
Nationality 
Act 
(8 
U.S.C.
1101(a)(15)(A)).
(B) Section 204(d)(2) of the Immigration
and Nationality Act (8 U.S.C. 1154) (as it will
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take effect upon the entry into force of the Con-
vention on Protection of Children and Coopera-
tion in Respect to Inter-Country adoption).
(C) Section 212(a)(3)(B)(i)(IV)(bb) of the
Immigration and Nationality Act (8 U.S.C.
1182(a)(3)(B)(i)(IV)(bb)).
(D) Section 212(a)(3)(B)(i)(VI) of the Im-
migration and Nationality Act (8 U.S.C.
1182(a)(3)(B)(i)(VI)).
(E) Section 212(a)(3)(B)(vi)(II) of the Im-
migration and Nationality Act (8 U.S.C.
1182(a)(3)(B)(vi)(II)).
(F) Section 212(a)(3(C) of the Immigration
and Nationality Act (8 U.S.C. 1182(a)(3)(C)).
(G) Section 212(a)(10)(C) of the Immigra-
tion 
and 
Nationality 
Act 
(8 
U.S.C.
1182(a)(10)(C)).
(H) Section 212(f) of the Immigration and
Nationality Act (8 U.S.C. 1182(f)).
(I) Section 219(a) of the Immigration and
Nationality Act (8 U.S.C. 1189(a)).
(J) Section 237(a)(4)(C) of the Immigration
and Nationality Act (8 U.S.C. 1227(a)(4)(C)).
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(K) Section 401 of the Cuban Liberty and
Democratic Solidarity (LIBERTAD) Act of
1996 (22 U.S.C. 6034; Public Law 104–114).
(L) Section 613 of the Departments of Com-
merce, Justice, and State, the Judiciary and Re-
lated Agencies Appropriations Act, 1999 (as con-
tained in section 101(b) of division A of Public
Law 105–277) (Omnibus Consolidated and
Emergency Supplemental Appropriations Act,
1999); 112 Stat. 2681; H.R. 4328 (originally
H.R. 4276) as amended by section 617 of Public
Law 106–553.
(M) Section 103(f) of the Chemical Weapon
Convention Implementation Act of 1998 (112
Stat. 2681–865).
(N) Section 801 of H.R. 3427, the Admiral
James W. Nance and Meg Donovan Foreign Re-
lations Authorization Act, Fiscal Years 2000 and
2001, as enacted by reference in Public Law
106–113.
(O) Section 568 of the Foreign Operations,
Export Financing, and Related Programs Ap-
propriations Act, 2002 (Public Law 107–115).
(P) Section 51 of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2723).
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(d) CONSULAR OFFICERS AND CHIEFS OF MISSIONS.—
(1) IN GENERAL.—Nothing in this section may
be construed to alter or affect—
(A) the employment status of consular offi-
cers as employees of the Department of State; or
(B) the authority of a chief of mission
under section 207 of the Foreign Service Act of
1980 (22 U.S.C. 3927).
(2) CONSTRUCTION REGARDING DELEGATION OF
AUTHORITY.—Nothing in this section shall be con-
strued to affect any delegation of authority to the Sec-
retary of State by the President pursuant to any
proclamation issued under section 212(f) of the Immi-
gration and Nationality Act (8 U.S.C. 1182(f)), con-
sistent with the Secretary of Homeland Security’s au-
thority to refuse visas in accordance with law.
(e) ASSIGNMENT OF HOMELAND SECURITY EMPLOY-
EES TO DIPLOMATIC AND CONSULAR POSTS.—
(1) IN GENERAL.—The Secretary is authorized to
assign employees of the Department to each diplo-
matic and consular post at which visas are issued,
unless the Secretary determines that such an assign-
ment at a particular post would not promote home-
land security.
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(2) FUNCTIONS.—Employees assigned under
paragraph (1) shall perform the following functions:
(A) Provide expert advice and training to
consular officers regarding specific security
threats relating to the adjudication of individual
visa applications or classes of applications.
(B) Review any such applications, either on
the initiative of the employee of the Department
or upon request by a consular officer or other
person charged with adjudicating such applica-
tions.
(C) Conduct investigations with respect to
consular matters under the jurisdiction of the
Secretary.
(3) EVALUATION OF CONSULAR OFFICERS.—The
Secretary of State shall evaluate, in consultation with
the Secretary, as deemed appropriate by the Sec-
retary, the performance of consular officers with re-
spect to the processing and adjudication of applica-
tions for visas in accordance with performance stand-
ards developed by the Secretary for these procedures.
(4) REPORT.—The Secretary shall, on an annual
basis, submit a report to Congress that describes the
basis for each determination under paragraph (1)
that the assignment of an employee of the Department
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at a particular diplomatic post would not promote
homeland security.
(5) PERMANENT ASSIGNMENT; PARTICIPATION IN
TERRORIST
LOOKOUT
COMMITTEE.—When appro-
priate, employees of the Department assigned to per-
form functions described in paragraph (2) may be as-
signed permanently to overseas diplomatic or con-
sular posts with country-specific or regional responsi-
bility. If the Secretary so directs, any such employee,
when present at an overseas post, shall participate in
the terrorist lookout committee established under sec-
tion 304 of the Enhanced Border Security and Visa
Entry Reform Act of 2002 (8 U.S.C. 1733).
(6) TRAINING AND HIRING.—
(A) IN GENERAL.—The Secretary shall en-
sure, to the extent possible, that any employees of
the Department assigned to perform functions
under paragraph (2) and, as appropriate, con-
sular officers, shall be provided the necessary
training to enable them to carry out such func-
tions, including training in foreign languages,
interview techniques, and fraud detection tech-
niques, in conditions in the particular country
where each employee is assigned, and in other
appropriate areas of study.
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(B) USE OF CENTER.—The Secretary is au-
thorized to use the National Foreign Affairs
Training Center, on a reimbursable basis, to ob-
tain the training described in subparagraph (A).
(7) REPORT.—Not later than 1 year after the
date of enactment of this Act, the Secretary and the
Secretary of State shall submit to Congress—
(A) a report on the implementation of this
subsection; and
(B) any legislative proposals necessary to
further the objectives of this subsection.
(8) EFFECTIVE DATE.—This subsection shall take
effect on the earlier of—
(A) the date on which the President pub-
lishes notice in the Federal Register that the
President has submitted a report to Congress set-
ting forth a memorandum of understanding be-
tween the Secretary and the Secretary of State
governing the implementation of this section; or
(B) the date occurring 1 year after the date
of enactment of this Act.
(f) NO CREATION OF PRIVATE RIGHT OF ACTION.—
Nothing in this section shall be construed to create or au-
thorize a private right of action to challenge a decision of
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a consular officer or other United States official or employee
to grant or deny a visa.
(g) STUDY REGARDING USE OF FOREIGN NATION-
ALS.—
(1) IN GENERAL.—The Secretary of Homeland
Security shall conduct a study of the role of foreign
nationals in the granting or refusal of visas and other
documents authorizing entry of aliens into the United
States. The study shall address the following:
(A) The proper role, if any, of foreign na-
tionals in the process of rendering decisions on
such grants and refusals.
(B) Any security concerns involving the em-
ployment of foreign nationals.
(C) Whether there are cost-effective alter-
natives to the use of foreign nationals.
(2) REPORT.—Not later than 1 year after the
date of the enactment of this Act, the Secretary shall
submit a report containing the findings of the study
conducted under paragraph (1) to the Committee on
the Judiciary, the Committee on International Rela-
tions, and the Committee on Government Reform of
the House of Representatives, and the Committee on
the Judiciary, the Committee on Foreign Relations,
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and the Committee on Government Affairs of the Sen-
ate.
(h) REPORT.—Not later than 120 days after the date
of the enactment of this Act, the Director of the Office of
Science and Technology Policy shall submit to Congress a
report on how the provisions of this section will affect proce-
dures for the issuance of student visas.
(i) VISA ISSUANCE PROGRAM FOR SAUDI ARABIA.—
Notwithstanding any other provision of law, after the date
of the enactment of this Act all third party screening pro-
grams in Saudi Arabia shall be terminated. On-site per-
sonnel of the Department of Homeland Security shall re-
view all visa applications prior to adjudication.
SEC. 429. INFORMATION ON VISA DENIALS REQUIRED TO
BE ENTERED INTO ELECTRONIC DATA SYS-
TEM.
(a) IN GENERAL.—Whenever a consular officer of the
United States denies a visa to an applicant, the consular
officer shall enter the fact and the basis of the denial and
the name of the applicant into the interoperable electronic
data system implemented under section 202(a) of the En-
hanced Border Security and Visa Entry Reform Act of 2002
(8 U.S.C. 1722(a)).
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(b) PROHIBITION.—In the case of any alien with re-
spect to whom a visa has been denied under subsection
(a)—
(1) no subsequent visa may be issued to the alien
unless the consular officer considering the alien’s visa
application has reviewed the information concerning
the alien placed in the interoperable electronic data
system, has indicated on the alien’s application that
the information has been reviewed, and has stated for
the record why the visa is being issued or a waiver
of visa ineligibility recommended in spite of that in-
formation; and
(2) the alien may not be admitted to the United
States without a visa issued in accordance with the
procedures described in paragraph (1).
SEC. 430. OFFICE FOR DOMESTIC PREPAREDNESS.
(a) IN GENERAL.—The Office for Domestic Prepared-
ness shall be within the Directorate of Border and Trans-
portation Security.
(b) DIRECTOR.—There shall be a Director of the Office
for Domestic Preparedness, who shall be appointed by the
President, by and with the advice and consent of the Senate.
The Director of the Office for Domestic Preparedness shall
report directly to the Under Secretary for Border and
Transportation Security.
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(c) RESPONSIBILITIES.—The Office for Domestic Pre-
paredness shall have the primary responsibility within the
executive branch of Government for the preparedness of the
United States for acts of terrorism, including—
(1) coordinating preparedness efforts at the Fed-
eral level, and working with all State, local, tribal,
parish, and private sector emergency response pro-
viders on all matters pertaining to combating ter-
rorism, including training, exercises, and equipment
support;
(2) coordinating or, as appropriate, consoli-
dating communications and systems of communica-
tions relating to homeland security at all levels of
government;
(3) directing and supervising terrorism pre-
paredness grant programs of the Federal Government
(other than those programs administered by the De-
partment of Health and Human Services) for all
emergency response providers;
(4) incorporating the Strategy priorities into
planning guidance on an agency level for the pre-
paredness efforts of the Office for Domestic Prepared-
ness;
(5) providing agency-specific training for agents
and analysts within the Department, other agencies,
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and State and local agencies and international enti-
ties;
(6) as the lead executive branch agency for pre-
paredness of the United States for acts of terrorism,
cooperating closely with the Federal Emergency Man-
agement Agency, which shall have the primary re-
sponsibility within the executive branch to prepare
for and mitigate the effects of nonterrorist-related dis-
asters in the United States;
(7) assisting and supporting the Secretary, in
coordination with other Directorates and entities out-
side the Department, in conducting appropriate risk
analysis and risk management activities of State,
local, and tribal governments consistent with the mis-
sion and functions of the Directorate; and
(8) those elements of the Office of National Pre-
paredness of the Federal Emergency Management
Agency which relate to terrorism, which shall be con-
solidated within the Department in the Office for Do-
mestic Preparedness established under this section.
(d) FISCAL YEARS 2003 and 2004.—During fiscal
year 2003 and fiscal year 2004, the Director of the Office
for Domestic Preparedness established under this section
shall manage and carry out those functions of the Office
for Domestic Preparedness of the Department of Justice
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(transferred under this section) before September 11, 2001,
under the same terms, conditions, policies, and authorities,
and with the required level of personnel, assets, and budget
before September 11, 2001.
Subtitle D—Immigration
Enforcement Functions
SEC. 441. TRANSFER OF FUNCTIONS TO UNDER SECRETARY
FOR BORDER AND TRANSPORTATION SECU-
RITY.
In accordance with title XV (relating to transition
provisions), there shall be transferred from the Commis-
sioner of Immigration and Naturalization to the Under
Secretary for Border and Transportation Security all func-
tions performed under the following programs, and all per-
sonnel, assets, and liabilities pertaining to such programs,
immediately before such transfer occurs:
(1) The Border Patrol program.
(2) The detention and removal program.
(3) The intelligence program.
(4) The investigations program.
(5) The inspections program.
SEC. 442. ESTABLISHMENT OF BUREAU OF BORDER SECU-
RITY.
(a) ESTABLISHMENT OF BUREAU.—
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(1) IN GENERAL.—There shall be in the Depart-
ment of Homeland Security a bureau to be known as
the ‘‘Bureau of Border Security’’.
(2) ASSISTANT
SECRETARY.—The head of the
Bureau of Border Security shall be the Assistant Sec-
retary of the Bureau of Border Security, who—
(A) shall report directly to the Under Sec-
retary for Border and Transportation Security;
and
(B) shall have a minimum of 5 years pro-
fessional experience in law enforcement, and a
minimum of 5 years of management experience.
(3) FUNCTIONS.—The Assistant Secretary of the
Bureau of Border Security—
(A) shall establish the policies for per-
forming such functions as are—
(i) transferred to the Under Secretary
for Border and Transportation Security by
section 441 and delegated to the Assistant
Secretary by the Under Secretary for Bor-
der and Transportation Security; or
(ii) otherwise vested in the Assistant
Secretary by law;
(B) shall oversee the administration of such
policies; and
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(C) shall advise the Under Secretary for
Border and Transportation Security with respect
to any policy or operation of the Bureau of Bor-
der Security that may affect the Bureau of Citi-
zenship and Immigration Services established
under subtitle E, including potentially con-
flicting policies or operations.
(4) PROGRAM TO COLLECT INFORMATION RELAT-
ING TO FOREIGN STUDENTS.—The Assistant Secretary
of the Bureau of Border Security shall be responsible
for administering the program to collect information
relating to nonimmigrant foreign students and other
exchange program participants described in section
641 of the Illegal Immigration Reform and Immi-
grant Responsibility Act of 1996 (8 U.S.C. 1372), in-
cluding the Student and Exchange Visitor Informa-
tion System established under that section, and shall
use such information to carry out the enforcement
functions of the Bureau.
(5) MANAGERIAL ROTATION PROGRAM.—
(A) IN GENERAL.—Not later than 1 year
after the date on which the transfer of functions
specified under section 441 takes effect, the As-
sistant Secretary of the Bureau of Border Secu-
rity shall design and implement a managerial
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rotation program under which employees of such
bureau holding positions involving supervisory
or managerial responsibility and classified, in
accordance with chapter 51 of title 5, United
States Code, as a GS–14 or above, shall—
(i) gain some experience in all the
major functions performed by such bureau;
and
(ii) work in at least one local office of
such bureau.
(B) REPORT.—Not later than 2 years after
the date on which the transfer of functions speci-
fied under section 441 takes effect, the Secretary
shall submit a report to the Congress on the im-
plementation of such program.
(b) CHIEF OF POLICY AND STRATEGY.—
(1) IN GENERAL.—There shall be a position of
Chief of Policy and Strategy for the Bureau of Border
Security.
(2) FUNCTIONS.—In consultation with Bureau of
Border Security personnel in local offices, the Chief of
Policy and Strategy shall be responsible for—
(A) making policy recommendations and
performing policy research and analysis on im-
migration enforcement issues; and
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(B) coordinating immigration policy issues
with the Chief of Policy and Strategy for the Bu-
reau of Citizenship and Immigration Services
(established under subtitle E), as appropriate.
(c) LEGAL ADVISOR.—There shall be a principal legal
advisor to the Assistant Secretary of the Bureau of Border
Security. The legal advisor shall provide specialized legal
advice to the Assistant Secretary of the Bureau of Border
Security and shall represent the bureau in all exclusion,
deportation, and removal proceedings before the Executive
Office for Immigration Review.
SEC. 443. PROFESSIONAL RESPONSIBILITY AND QUALITY
REVIEW.
The Under Secretary for Border and Transportation
Security shall be responsible for—
(1) conducting investigations of noncriminal al-
legations of misconduct, corruption, and fraud involv-
ing any employee of the Bureau of Border Security
that are not subject to investigation by the Inspector
General for the Department;
(2) inspecting the operations of the Bureau of
Border Security and providing assessments of the
quality of the operations of such bureau as a whole
and each of its components; and
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(3) providing an analysis of the management of
the Bureau of Border Security.
SEC. 444. EMPLOYEE DISCIPLINE.
The Under Secretary for Border and Transportation
Security may, notwithstanding any other provision of law,
impose disciplinary action, including termination of em-
ployment, pursuant to policies and procedures applicable
to employees of the Federal Bureau of Investigation, on any
employee of the Bureau of Border Security who willfully
deceives the Congress or agency leadership on any matter.
SEC. 445. REPORT ON IMPROVING ENFORCEMENT FUNC-
TIONS.
(a) IN GENERAL.—The Secretary, not later than 1
year after being sworn into office, shall submit to the Com-
mittees on Appropriations and the Judiciary of the House
of Representatives and of the Senate a report with a plan
detailing how the Bureau of Border Security, after the
transfer of functions specified under section 441 takes effect,
will enforce comprehensively, effectively, and fairly all the
enforcement provisions of the Immigration and Nationality
Act (8 U.S.C. 1101 et seq.) relating to such functions.
(b) CONSULTATION.—In carrying out subsection (a),
the Secretary of Homeland Security shall consult with the
Attorney General, the Secretary of State, the Director of the
Federal Bureau of Investigation, the Secretary of the Treas-
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ury, the Secretary of Labor, the Commissioner of Social Se-
curity, 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 en-
forcement operations.
SEC. 446. SENSE OF CONGRESS REGARDING CONSTRUC-
TION OF FENCING NEAR SAN DIEGO, CALI-
FORNIA.
It is the sense of the Congress that completing the 14-
mile border fence project required to be carried out under
section 102(b) of the Illegal Immigration Reform and Im-
migrant Responsibility Act of 1996 (8 U.S.C. 1103 note)
should be a priority for the Secretary.
Subtitle E—Citizenship and
Immigration Services
SEC. 451. ESTABLISHMENT OF BUREAU OF CITIZENSHIP
AND IMMIGRATION SERVICES.
(a) ESTABLISHMENT OF BUREAU.—
(1) IN GENERAL.—There shall be in the Depart-
ment a bureau to be known as the ‘‘Bureau of Citi-
zenship 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—
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(A) shall report directly to the Deputy Sec-
retary;
(B) shall have a minimum of 5 years of
management experience; and
(C) shall be paid at the same level as the
Assistant Secretary of the Bureau of Border Se-
curity.
(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 Deputy Secretary with
respect to any policy or operation of the Bureau
of Citizenship and Immigration Services that
may affect the Bureau of Border Security of the
Department, including potentially conflicting
policies or operations;
(D) shall establish national immigration
services policies and priorities;
(E) shall meet regularly with the Ombuds-
man described in section 452 to correct serious
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service problems identified by the Ombudsman;
and
(F) shall establish procedures requiring a
formal response to any recommendations sub-
mitted in the Ombudsman’s annual report to
Congress within 3 months after its submission to
Congress.
(4) MANAGERIAL ROTATION PROGRAM.—
(A) IN GENERAL.—Not later than 1 year
after the effective date specified in section 455,
the Director of the Bureau of Citizenship and
Immigration Services shall design and imple-
ment a managerial rotation program under
which employees of such bureau holding positions
involving supervisory or managerial responsi-
bility and classified, in accordance with chapter
51 of title 5, United States Code, as a GS–14 or
above, shall—
(i) gain some experience in all the
major functions performed by such bureau;
and
(ii) work in at least one field office
and one service center of such bureau.
(B) REPORT.—Not later than 2 years after
the effective date specified in section 455, the
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Secretary shall submit a report to Congress on
the implementation of such program.
(5) PILOT
INITIATIVES
FOR
BACKLOG
ELIMI-
NATION.—The Director of the Bureau of Citizenship
and Immigration Services is authorized to implement
innovative pilot initiatives to eliminate any remain-
ing backlog in the processing of immigration benefit
applications, and to prevent any backlog in the proc-
essing of such applications from recurring, in accord-
ance with section 204(a) of the Immigration Services
and Infrastructure Improvements Act of 2000 (8
U.S.C. 1573(a)). Such initiatives may include meas-
ures such as increasing personnel, transferring per-
sonnel to focus on areas with the largest potential for
backlog, and streamlining paperwork.
(b) TRANSFER
OF
FUNCTIONS
FROM
COMMIS-
SIONER.—In accordance with title XV (relating to transi-
tion provisions), there are transferred from the Commis-
sioner of Immigration and Naturalization 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 455:
(1) Adjudications of immigrant visa petitions.
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(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 455.
(c) CHIEF OF POLICY AND STRATEGY.—
(1) IN GENERAL.—There shall be a position of
Chief of Policy and Strategy for the Bureau of Citi-
zenship and Immigration Services.
(2) FUNCTIONS.—In consultation with Bureau of
Citizenship and Immigration Services personnel in
field offices, the Chief of Policy and Strategy shall be
responsible for—
(A) making policy recommendations and
performing policy research and analysis on im-
migration services issues; and
(B) coordinating immigration policy issues
with the Chief of Policy and Strategy for the Bu-
reau of Border Security of the Department.
(d) LEGAL ADVISOR.—
(1) IN GENERAL.—There shall be a principal
legal advisor to the Director of the Bureau of Citizen-
ship and Immigration Services.
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(2) FUNCTIONS.—The legal advisor shall be re-
sponsible for—
(A) providing specialized legal advice, opin-
ions, determinations, regulations, and any other
assistance to the Director of the Bureau of Citi-
zenship and Immigration Services with respect
to legal matters affecting the Bureau of Citizen-
ship and Immigration Services; and
(B) representing the Bureau of Citizenship
and Immigration Services in visa petition ap-
peal proceedings before the Executive Office for
Immigration Review.
(e) BUDGET OFFICER.—
(1) IN GENERAL.—There shall be a Budget Offi-
cer for the Bureau of Citizenship and Immigration
Services.
(2) FUNCTIONS.—
(A) IN GENERAL.—The Budget Officer shall
be responsible for—
(i) formulating and executing the
budget of the Bureau of Citizenship and Im-
migration Services;
(ii) financial management of the Bu-
reau of Citizenship and Immigration Serv-
ices; and
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(iii) collecting all payments, fines, and
other debts for the Bureau of Citizenship
and Immigration Services.
(f) CHIEF OF OFFICE OF CITIZENSHIP.—
(1) IN GENERAL.—There shall be a position of
Chief of the Office of Citizenship for the Bureau of
Citizenship and Immigration Services.
(2) FUNCTIONS.—The Chief of the Office of Citi-
zenship for the Bureau of Citizenship and Immigra-
tion Services shall be responsible for promoting in-
struction and training on citizenship responsibilities
for aliens interested in becoming naturalized citizens
of the United States, including the development of
educational materials.
SEC. 452. CITIZENSHIP AND IMMIGRATION SERVICES OM-
BUDSMAN.
(a) IN GENERAL.—Within the Department, there shall
be a position of Citizenship and Immigration Services Om-
budsman (in this section referred to as the ‘‘Ombudsman’’).
The Ombudsman shall report directly to the Deputy Sec-
retary. The Ombudsman shall have a background in cus-
tomer service as well as immigration law.
(b) FUNCTIONS.—It shall be the function of the
Ombudsman—
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(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; and
(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).
(c) 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 House of Rep-
resentatives and the Senate on the objectives of the Of-
fice of the Ombudsman for the fiscal year beginning
in such calendar year. Any such report shall contain
full and substantive analysis, in addition to statis-
tical information, and—
(A) shall identify the recommendations the
Office of the Ombudsman has made on improv-
ing services and responsiveness of the Bureau of
Citizenship and Immigration Services;
(B) shall contain a summary of the most
pervasive and serious problems encountered by
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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 action as may be appropriate to
resolve problems encountered by individuals and
employers, including problems created by exces-
sive backlogs in the adjudication and processing
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of immigration benefit petitions and applica-
tions; 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 comment or amendment
from the Secretary, Deputy Secretary, Director of the
Bureau of Citizenship and Immigration Services, or
any other officer or employee of the Department or
the Office of Management and Budget.
(d) 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
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(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.
(e) 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.
(f) 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-
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tions submitted to such director by the Ombudsman within
3 months after submission to such director.
(g) 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 of
the Department and report directly to 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
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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. 453. PROFESSIONAL RESPONSIBILITY AND QUALITY
REVIEW.
(a) IN GENERAL.—The Director of the Bureau of Citi-
zenship and Immigration Services shall be responsible for—
(1) conducting investigations of noncriminal al-
legations of misconduct, corruption, and fraud involv-
ing any employee of the Bureau of Citizenship and
Immigration Services that are not subject to inves-
tigation by the Inspector General for the Department;
(2) inspecting the operations of the Bureau of
Citizenship and Immigration Services and providing
assessments of the quality of the operations of such
bureau as a whole and each of its components; and
(3) providing an analysis of the management of
the Bureau of Citizenship and Immigration Services.
(b) SPECIAL CONSIDERATIONS.—In providing assess-
ments in accordance with subsection (a)(2) with respect to
a decision of the Bureau of Citizenship and Immigration
Services, or any of its components, consideration shall be
given to—
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(1) the accuracy of the findings of fact and con-
clusions of law used in rendering the decision;
(2) any fraud or misrepresentation associated
with the decision; and
(3) the efficiency with which the decision was
rendered.
SEC. 454. EMPLOYEE DISCIPLINE.
The Director of the Bureau of Citizenship and Immi-
gration Services may, notwithstanding any other provision
of law, impose disciplinary action, including termination
of employment, pursuant to policies and procedures appli-
cable to employees of the Federal Bureau of Investigation,
on any employee of the Bureau of Citizenship and Immi-
gration Services who willfully deceives Congress or agency
leadership on any matter.
SEC. 455. EFFECTIVE DATE.
Notwithstanding section 4, sections 451 through 456,
and the amendments made by such sections, shall take effect
on the date on which the transfer of functions specified
under section 441 takes effect.
SEC. 456. TRANSITION.
(a) REFERENCES.—With respect to any function
transferred by this subtitle to, and exercised on or after the
effective date specified in section 455 by, the Director of
the Bureau of Citizenship and Immigration Services, any
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(1) to the head of such component is deemed to
refer to the Director of the Office of Refugee Resettle-
ment; or
(2) to such component is deemed to refer to the
Office of Refugee Resettlement of the Department of
Health and Human Services.
(f) OTHER TRANSITION ISSUES.—
(1) EXERCISE OF AUTHORITIES.—Except as oth-
erwise provided by law, a Federal official to whom a
function is transferred by this section may, for pur-
poses of performing the function, exercise all authori-
ties under any other provision of law that were avail-
able with respect to the performance of that function
to the official responsible for the performance of the
function immediately before the effective date specified
in subsection (d).
(2) SAVINGS PROVISIONS.—Subsections (a), (b),
and (c) of section 1512 shall apply to a transfer of
functions under this section in the same manner as
such provisions apply to a transfer of functions under
this Act to the Department of Homeland Security.
(3) TRANSFER AND ALLOCATION OF APPROPRIA-
TIONS AND PERSONNEL.—The personnel of the De-
partment of Justice employed in connection with the
functions transferred by this section, and the assets,