Nothing in this Act, any amendment made by this Act, or in
section 103 of the Immigration and Nationality Act, as amended
by section 1102, shall be construed to limit judicial deference
to regulations, adjudications, interpretations, orders,
decisions, judgments, or any other actions of the Secretary of
Homeland Security or the Attorney General.
Subtitle B--Transfer of the Bureau of Alcohol, Tobacco and Firearms to
the Department of Justice
SEC. 1111. [6 U.S.C. 531] BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND
EXPLOSIVES.
(a) Establishment.--
(1) In general.--There is established within the
Department of Justice under the general authority of
the Attorney General the Bureau of Alcohol, Tobacco,
Firearms, and Explosives (in this section referred to
as the ``Bureau'').
(2) Director.--There shall be at the head of the
Bureau a Director, Bureau of Alcohol, Tobacco,
Firearms, and Explosives (in this subtitle referred to
as the ``Director''). The Director shall be appointed
by the President, by and with the advice and consent of
the Senate and shall perform such functions as the
Attorney General shall direct. The Director shall
receive compensation at the rate prescribed by law
under section 5314 of title V, United States Code, for
positions at level III of the Executive Schedule.
(3) Coordination.--The Attorney General, acting
through the Director and such other officials of the
Department of Justice as the Attorney General may
designate, shall provide for the coordination of all
firearms, explosives, tobacco enforcement, and arson
enforcement functions vested in the Attorney General so
as to assure maximum cooperation between and among any
officer, employee, or agency of the Department of
Justice involved in the performance of these and
related functions.
(4) Performance of transferred functions.--The
Attorney General may make such provisions as the
Attorney General determines appropriate to authorize
the performance by any officer, employee, or agency of
the Department of Justice of any function transferred
to the Attorney General under this section.
(b) Responsibilities.--Subject to the direction of the
Attorney General, the Bureau shall be responsible for
investigating--
(1) criminal and regulatory violations of the
Federal firearms, explosives, arson, alcohol, and
tobacco smuggling laws;
(2) the functions transferred by subsection (c);
and
(3) any other function related to the investigation
of violent crime or domestic terrorism that is
delegated to the Bureau by the Attorney General.
(c) Transfer of Authorities, Functions, Personnel, and
Assets to the Department of Justice.--
(1) In general.--Subject to paragraph (2), but
notwithstanding any other provision of law, there are
transferred to the Department of Justice the
authorities, functions, personnel, and assets of the
Bureau of Alcohol, Tobacco and Firearms, which shall be
maintained as a distinct entity within the Department
of Justice, including the related functions of the
Secretary of the Treasury.
(2) Administration and revenue collection
functions.--There shall be retained within the
Department of the Treasury the authorities, functions,
personnel, and assets of the Bureau of Alcohol, Tobacco
and Firearms relating to the administration and
enforcement of chapters 51 and 52 of the Internal
Revenue Code of 1986, sections 4181 and 4182 of the
Internal Revenue Code of 1986, and title 27, United
States Code.
(3) Building prospectus.--Prospectus PDC-98W10,
giving the General Services Administration the
authority for site acquisition, design, and
construction of a new headquarters building for the
Bureau of Alcohol, Tobacco and Firearms, is
transferred, and deemed to apply, to the Bureau of
Alcohol, Tobacco, Firearms, and Explosives established
in the Department of Justice under subsection (a).
(d) Tax and Trade Bureau.--
(1) Establishment.--There is established within the
Department of the Treasury the Tax and Trade Bureau.
(2) Administrator.--The Tax and Trade Bureau shall
be headed by an Administrator, who shall perform such
duties as assigned by the Under Secretary for
Enforcement of the Department of the Treasury. The
Administrator shall occupy a career-reserved position
within the Senior Executive Service.
(3) Responsibilities.--The authorities, functions,
personnel, and assets of the Bureau of Alcohol, Tobacco
and Firearms that are not transferred to the Department
of Justice under this section shall be retained and
administered by the Tax and Trade Bureau.
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