II

106TH CONGRESS

1ST SESSION S. 1563

To establish the Immigration Affairs Agency within the Department of

Justice, and for other purposes.

IN THE SENATE OF THE UNITED STATES

AUGUST 5, 1999

Mr. ABRAHAM (for himself, Mr. KENNEDY, and Mr. HAGEL) introduced the

following bill; which was read twice and referred to the Committee on the

Judiciary

A BILL

To establish the Immigration Affairs Agency within the

Department of Justice, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘INS Reform and Border Security Act of 1999’’.

6 (b) TABLE OF CONTENTS.—The table of contents of

7 this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Immigration laws of the United States defined.

TITLE I—IMMIGRATION AFFAIRS AGENCY

Sec. 101. Establishment of Immigration Affairs Agency.
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Sec. 102. Establishment of the Office of the Associate Attorney General for Immigration Affairs.

Sec. 103. Establishment of Bureau of Immigration Services and Adjudications.

Sec. 104. Office of Ombudsman within the Service Bureau.

Sec. 105. Establishment of Bureau of Enforcement and Border Affairs.

Sec. 106. Exercise of authorities.

Sec. 107. Savings provisions.

Sec. 108. Transfer and allocation of appropriations and personnel.

Sec. 109. Executive Office for Immigration Review and Attorney General litigation authorities not affected.

Sec. 110. Definitions.

Sec. 111. Effective date.

TITLE II—PERSONNEL FLEXIBILITIES

Sec. 201. Improvements in personnel flexibilities.

Sec. 202. Voluntary separation incentive payments.

Sec. 203. Basis for evaluation of Immigration Affairs Agency employees.

Sec. 204. Employee training program.

Sec. 205. Effective date.

TITLE III—ADDITIONAL PROVISIONS

Sec. 301. Expedited processing of documents.

Sec. 302. Funding adjudication and naturalization services.

Sec. 303. Increase in Border Patrol agents and support personnel.

1 SEC. 2. IMMIGRATION LAWS OF THE UNITED STATES DE2 FINED.

3 In this Act, the term ‘‘immigration laws of the United

4 States’’ means the following:

5 (1) The Immigration and Nationality Act.

6 (2) The Illegal Immigration Reform and Immi7 grant Responsibility Act of 1996.

8 (3) The Immigration and Nationality Technical

9 Corrections Act of 1994.

10 (4) The Immigration Act of 1990.

11 (5) The Immigration Reform and Control Act

12 of 1986.

13 (6) The Refugee Act of 1980.
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1 (7) Such other statutes, Executive orders, regu2 lations, or directives that relate to the admission to,

3 detention in, or removal from the United States of

4 aliens, or that otherwise relate to the status of aliens

5 in the United States.

6 TITLE I—IMMIGRATION AFFAIRS

7 AGENCY

8 SEC. 101. ESTABLISHMENT OF IMMIGRATION AFFAIRS

9 AGENCY.

10 (a) ESTABLISHMENT.—

11 (1) IN GENERAL.—There is established within

12 the Department of Justice the Immigration Affairs

13 Agency (in this Act referred to as the ‘‘Agency’’).

14 (2) COMPONENTS.—The Agency shall consist

15 of—

16 (A) the Office of the Associate Attorney

17 General for Immigration Affairs established in

18 section 102;

19 (B) the Bureau of Immigration Services

20 and Adjudications established in section 103;

21 and

22 (C) the Bureau of Enforcement and Bor23 der Affairs established in section 105.

24 (b) ASSOCIATE ATTORNEY GENERAL FOR IMMIGRA25 TION AFFAIRS.—
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1 (1) IN GENERAL.—The Agency shall be headed

2 by an Associate Attorney General for Immigration

3 Affairs, who shall be appointed by the President, by

4 and with the advice and consent of the Senate.

5 (2) COMPENSATION AT RATE OF PAY FOR EX6 ECUTIVE LEVEL III.—Section 5314 of title 5, United

7 States Code, is amended by adding at the end the

8 following:

9 ‘‘Associate Attorney General for Immigration

10 Affairs, Department of Justice.’’.

11 (3) CONFORMING AMENDMENTS.—(A) Section

12 103(c) of the Immigration and Nationality Act is

13 amended—

14 (i) by striking the first sentence; and

15 (ii) in the second sentence, by striking

16 ‘‘He’’ and inserting ‘‘The Associate Attorney

17 General for Immigration Affairs’’.

18 (B) Section 103 of such Act is amended by

19 striking ‘‘Commissioner’’ and inserting ‘‘Associate

20 Attorney General for Immigration Affairs’’.

21 (C) Section 5315 of title 5, United States Code,

22 is amended by striking the following:

23 ‘‘Commissioner of Immigration and Naturaliza24 tion, Department of Justice.’’.
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1 (c) REPEALS.—The following provisions of law are

2 repealed:

3 (1) Section 4 of the Act of February 14, 1903,

4 as amended (32 Stat. 826; relating to the establish5 ment of the Immigration and Naturalization Serv6 ice).

7 (2) Section 7 of the Act of March 3, 1891, as

8 amended (26 Stat. 1085; relating to the establish9 ment of the office of the Commissioner of Immigra10 tion and Naturalization).

11 (3) Section 201 of the Act of June 20, 1956

12 (70 Stat. 307; relating to the compensation of as13 sistant commissioners and district director).

14 (4) Section 1 of March 2, 1895 (28 Stat. 780;

15 relating to special immigrant inspectors).

16 (d) REFERENCES.—Except as otherwise provided in

17 sections 103 and 105, any reference in any statute, reor18 ganization plan, Executive order, regulation, agreement,

19 determination, or other official document or proceeding to

20 the Immigration and Naturalization Service shall be

21 deemed to refer to the Immigration Affairs Agency.

22 (e) AUTHORIZATION OF APPROPRIATIONS.—

23 (1) IN GENERAL.—There are authorized to be

24 appropriated to the Agency such sums as may be

25 necessary to carry out its functions.
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1 (2) AVAILABILITY OF FUNDS.—Amounts appro2 priated pursuant to paragraph (1) are authorized to

3 remain available until expended.

4 SEC. 102. OFFICE OF THE ASSOCIATE ATTORNEY GENERAL

5 FOR IMMIGRATION AFFAIRS.

6 (a) POLICY AND ADMINISTRATIVE FUNCTIONS DE7 FINED.—In this section, the term ‘‘immigration policy and

8 administrative functions’’ includes the following functions

9 under the immigration laws of the United States:

10 (1) Inspections at ports of entry in the United

11 States.

12 (2) Policy and planning formulation on immi13 gration matters.

14 (3) Information technology, information re15 sources management, and maintenance of records

16 and databases, and the coordination of records and

17 other information of the two bureaus within the

18 Agency.

19 (4) Such other functions as involve providing

20 resources and other support for the Bureau of Immi21 gration Services and Adjudications (established in

22 section 103) and the Bureau of Enforcement and

23 Border Affairs (established in section 105).

24 (b) ESTABLISHMENT OF OFFICE.—
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1 (1) IN GENERAL.—There is established within

2 the Agency the Office of the Associate Attorney

3 General for Immigration Affairs (in this title re4 ferred to as the ‘‘Office’’).

5 (2) GENERAL COUNSEL.—

6 (A) IN GENERAL.—There shall be within

7 the Office of the Associate Attorney General for

8 Immigration Affairs a General Counsel, who

9 shall be appointed by the Attorney General.

10 (B) COMPENSATION.—Section 5316 of title

11 5, United States Code, is amended by adding at

12 the end the following:

13 ‘‘General Counsel, Immigration Affairs

14 Agency.’’.

15 (3) CHIEF FINANCIAL OFFICER FOR THE IMMI16 GRATION AFFAIRS AGENCY.—

17 (A) IN GENERAL.—There shall be a posi18 tion of Chief Financial Officer for the Immigra19 tion Affairs Agency and this position shall be a

20 career reserved position within the Senior Exec21 utive Service and shall have the authorities and

22 functions described in section 902 of title 31,

23 United States Code, in relation to financial ac24 tivities related to immigration policy and ad25 ministrative functions. For purposes of section
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1 902(a)(1) of such title, the Associate Attorney

2 General for Immigration Affairs shall be

3 deemed to be the head of the agency. The provi4 sions of section 903 of such title (relating to

5 Deputy Chief Financial Officers) shall also

6 apply in the same manner as the previous sen7 tence.

8 (B) COMPENSATION.—Section 5316 of title

9 5, United States Code, is amended by adding at

10 the end the following:

11 ‘‘Chief Financial Officer, Immigration Af12 fairs Agency.’’.

13 (c) RESPONSIBILITIES OF THE OFFICE.—Under the

14 direction of the Attorney General, the Office of the Asso15 ciate Attorney General for Immigration Affairs shall be

16 responsible for carrying out the immigration policy and

17 administrative functions of the Agency.

18 (d) DELEGATION OF AUTHORITY BY THE ATTORNEY

19 GENERAL.—All immigration policy and administrative

20 functions vested by statute in, or exercised by—

21 (1) the Attorney General, or

22 (2) the Commissioner of Immigration and Nat23 uralization, the Immigration and Naturalization

24 Service, or officers, employees, or components there25 of,
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1 immediately prior to the effective date of this title shall

2 be exercised by the Attorney General through the Asso3 ciate Attorney General for Immigration Affairs.

4 (e) REFERENCES.—Any reference in any statute, re5 organization plan, Executive order, regulation, agreement,

6 determination, or other official document or proceeding

7 to—

8 (1) the Commissioner of Immigration and Nat9 uralization or any other officer or employee of the

10 Immigration and Naturalization Service (insofar as

11 such references refer to any immigration policy and

12 administrative function) shall be deemed to refer to

13 the Associate Attorney General for Immigration Af14 fairs; or

15 (2) the Immigration and Naturalization Service

16 (insofar as such references refer to any immigration

17 policy and administrative function) shall be deemed

18 to refer to the Office of the Associate Attorney Gen19 eral for Immigration Affairs.

20 SEC. 103. ESTABLISHMENT OF BUREAU OF IMMIGRATION

21 SERVICES AND ADJUDICATIONS.

22 (a) IMMIGRATION ADJUDICATION AND SERVICE

23 FUNCTIONS DEFINED.—In this section, the term ‘‘immi24 gration adjudication and service functions’’ means the fol-
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1 lowing functions under the immigration laws of the United

2 States:

3 (1) Adjudications of nonimmigrant and immi4 grant visa petitions.

5 (2) Adjudications of naturalization petitions.

6 (3) Adjudications of asylum and refugee appli7 cations.

8 (4) Determinations concerning custody, parole,

9 and conditions of parole regarding applicants for

10 asylum detained at ports of entry who do not have

11 prior nonpolitical criminal records and who have

12 been found to have a credible fear of persecution,

13 and responsibility for the detention of any such ap14 plicant with respect to whom a determination has

15 been made that detention is required.

16 (5) Adjudications performed at Service centers.

17 (6) All other adjudications under the immigra18 tion laws of the United States.

19 (b) ESTABLISHMENT OF BUREAU.—

20 (1) IN GENERAL.—There is established within

21 the Agency a bureau to be known as the Bureau of

22 Immigration Services and Adjudications (in this sec23 tion referred to as the ‘‘Service Bureau’’).

24 (2) SENSE OF CONGRESS.—It is the sense of

25 Congress that the structure of the Service Bureau
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1 should be based on the organization of the Social

2 Security Administration.

3 (3) DIRECTOR.—The head of the Service Bu4 reau shall be the Director of Immigration Services

5 and Adjudications who—

6 (A) shall be appointed by the President, by

7 and with the advice and consent of the Senate;

8 and

9 (B) shall report directly to the Associate

10 Attorney General for Immigration Affairs.

11 (4) COMPENSATION AT LEVEL IV OF EXECU12 TIVE SCHEDULE.—Section 5315 of title 5, United

13 States Code, is amended by adding at the end the

14 following:

15 ‘‘Director of Immigration Services and Adju16 dications, Immigration Affairs Agency.’’.

17 (c) RESPONSIBILITIES OF THE BUREAU.—Subject to

18 the policy guidance of the Associate Attorney General for

19 Immigration Affairs, the Service Bureau shall be respon20 sible for carrying out the immigration adjudication and

21 service functions of the Agency.

22 (d) DELEGATION OF AUTHORITY BY THE ATTORNEY

23 GENERAL.—All immigration adjudication and service

24 functions vested by statute in, or exercised by—

25 (1) the Attorney General, or
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1 (2) the Commissioner of Immigration and Nat2 uralization, the Immigration and Naturalization

3 Service, or officers, employees, or components there4 of,

5 immediately prior to the effective date of this title shall

6 be exercised by the Attorney General through the Asso7 ciate Attorney General for Immigration Affairs and the

8 Director of the Service Bureau.

9 (e) CHIEF FINANCIAL OFFICER FOR THE BUREAU

10 OF IMMIGRATION SERVICES AND ADJUDICATIONS.—

11 (1) IN GENERAL.—There shall be a position of

12 Chief Financial Officer for the Bureau of Immigra13 tion Services and Adjudications and this position

14 shall be a career reserved position within the Senior

15 Executive Service and shall have the authorities and

16 functions described in section 902 of title 31, United

17 States Code, in relation to financial activities of the

18 Service Bureau. For purposes of section 902(a)(1)

19 of such title, the Director of the Service Bureau

20 shall be deemed to be the head of the agency. The

21 provisions of section 903 of such title (relating to

22 Deputy Chief Financial Officers) shall also apply to

23 such Bureau in the same manner as the previous

24 sentence applies to such Bureau.
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1 (2) COMPENSATION.—Section 5316 of title 5,

2 United States Code, is amended by adding at the

3 end the following:

4 ‘‘Chief Financial Officer, Bureau of Immigra5 tion Services and Adjudications of the Immigration

6 Affairs Agency.’’.

7 (f) REGIONAL COMMISSIONERS.—There shall be

8 within the Service Bureau Regional Commissioners who

9 shall be responsible for carrying out the functions of the

10 Bureau within specified geographic regions. The Director

11 of the Service Bureau shall establish the number of Re12 gional Commissioners based on workload and economies

13 of scale.

14 (g) AREA DIRECTORS.—The Director of the Service

15 Bureau shall appoint Area Directors who shall report to

16 the Regional Commissioner in his or her region. In States

17 with large populations there may be more than one Area

18 Director. Each Area Director is in charge of field offices

19 within his or her area.

20 (h) FIELD OFFICE MANAGERS.—A Field Office Man21 ager is in charge of each field office. The field offices, lo22 cated in cities and other places around the country, are

23 the Service Bureau’s main source of contact with the pub24 lic. Congress encourages the development of telephone

25 service centers to improve service and efficiency, which
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1 may or may not be located in the same location as service

2 centers under subsection (k).

3 (i) TERM OF SERVICE.—No Field Office Manager or

4 Area Director may hold his or her post in a single geo5 graphic region for more than 6 years without a break of

6 at least 2 years. The Attorney General may waive this sub7 section for extraordinary reasons.

8 (j) SERVICE CENTERS.—In addition, there shall be

9 Service Centers, located depending on the workloads and

10 economies of scale. The head of each Service Center shall

11 report to the Regional Commissioner in the region in

12 which the Service Center is situated.

13 (k) QUALITY ASSURANCE.—There shall be within the

14 Service Bureau an Office of Quality Assurance, modeled

15 on the corresponding office of the Social Security Adminis16 tration, that shall develop procedures and conduct audits

17 to—

18 (1) ensure that national policies are correctly

19 implemented;

20 (2) determine whether Service Bureau policies

21 or practices result in poor file management or poor

22 or inaccurate service; and

23 (3) report findings recommending corrective ac24 tion to the Director of the Service Bureau.
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1 (l) OFFICE OF PROFESSIONAL RESPONSIBILITY.—

2 There shall be within the Service Bureau an Office of Pro3 fessional Responsibility that shall have the responsibility

4 of receiving charges of misconduct or ill treatment made

5 by the public and investigating the charges and providing

6 an appropriate remedy or disposition.

7 (m) TRAINING OF PERSONNEL.—The Director of the

8 Service Bureau, in consultation with the Associate Attor9 ney General for Immigration Affairs, shall have responsi10 bility for the training of all personnel of the Service Bu11 reau.

12 (n) AUTHORIZATION OF APPROPRIATIONS.—

13 (1) IN GENERAL.—There are authorized to be

14 appropriated to the Service Bureau such sums as

15 may be necessary to carry out its functions.

16 (2) AVAILABILITY OF FUNDS.—Amounts appro17 priated pursuant to paragraph (1) are authorized to

18 remain available until expended.

19 (o) REFERENCES.—Any reference in any statute, re20 organization plan, Executive order, regulation, agreement,

21 determination, or other official document or proceeding

22 to—

23 (1) the Commissioner of Immigration and Nat24 uralization or any other officer or employee of the

25 Immigration and Naturalization Service (insofar as
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1 such references refer to any immigration adjudica2 tion and service function) shall be deemed to refer

3 to the Director of the Service Bureau; or

4 (2) the Immigration and Naturalization Service

5 (insofar as such references refer to any immigration

6 adjudication and service function) shall be deemed to

7 refer to the Service Bureau.

8 SEC. 104. OFFICE OF THE OMBUDSMAN WITHIN THE SERV9 ICE BUREAU.

10 (a) IN GENERAL.—There is established within the

11 Service Bureau the Office of the Ombudsman, which shall

12 be headed by the Ombudsman.

13 (b) OMBUDSMAN.—

14 (1) APPOINTMENT.—The Ombudsman shall be

15 appointed by the Director of the Service Bureau

16 after consultation with the Associate Attorney Gen17 eral for Immigration Affairs and without regard to

18 the provisions of title 5, United States Code, relat19 ing to appointments in the competitive service or the

20 Senior Executive Service. The Ombudsman shall re21 port directly to the Director of the Service Bureau.

22 (2) COMPENSATION.—The Ombudsman shall be

23 entitled to compensation at the same rate as the

24 highest rate of basic pay established for the Senior

25 Executive Service under section 5382 of title 5,
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1 United States Code, or, if the Attorney General so

2 determines, at a rate fixed under section 9503 of

3 such title.

4 (c) FUNCTIONS OF OFFICE.—The functions of the

5 Office of the Ombudsman shall include to—

6 (1) assist individuals in resolving service or case

7 problems with the Agency or Service Bureau;

8 (2) identify areas in which individuals have

9 problems in dealings with the Immigration Affairs

10 Agency or Service Bureau;

11 (3) to the extent possible, propose changes in

12 the administrative practices of the Agency or Service

13 Bureau to mitigate problems identified under para14 graph (2);

15 (4) monitor the coverage and geographic alloca16 tion of local offices of the Service Bureau; and

17 (5) ensure that the local telephone number for

18 each local office of the Service Bureau is published

19 and available to individuals served by the office.

20 (e) PERSONNEL ACTIONS.—The Ombudsman shall

21 have the responsibility and authority to appoint local or

22 regional representatives of the Ombudsman’s Office as in

23 the Ombudsman’s judgment may be necessary to address

24 and rectify serious service problems.
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1 (f) RESPONSIBILITIES OF DIRECTOR OF THE SERV2 ICE BUREAU.—The Director of the Service Bureau shall

3 establish procedures requiring a formal response to all rec4 ommendations submitted to the Director by the Ombuds5 man within 3 months after submission of the Ombuds6 man’s reports or recommendations. The Director of the

7 Service Bureau shall meet regularly with the Ombudsman

8 to identify and correct serious service problems.

9 (g) ANNUAL REPORTS.—

10 (1) OBJECTIVES.—Not later than June 30 of

11 each calendar year, the Ombudsman shall report to

12 the Committee on the Judiciary of the House of

13 Representatives and the Committee on the Judiciary

14 of the Senate on the objectives of the Office of the

15 Ombudsman for the fiscal year beginning in such

16 calendar year. Any such report shall contain full and

17 substantive analysis, in addition to statistical infor18 mation.

19 (2) ACTIVITIES.—Not later than December 31

20 of each calendar year, the Ombudsman shall submit

21 a report to the Committee on the Judiciary of the

22 House of Representatives and the Committee on the

23 Judiciary of the Senate on the activities of the Om24 budsman during the fiscal year ending in that cal25 endar year. Any such report shall contain a full and
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1 substantive analysis, in addition to statistical infor2 mation, and shall—

3 (A) identify the initiatives the Office of the

4 Ombudsman has taken on improving services

5 and the responsiveness of the Agency and the

6 Service Bureau;

7 (B) contain a summary of the most serious

8 problems encountered by individuals, including

9 a description of the nature of such problems;

10 (C) contain an inventory of the items de11 scribed in subparagraphs (A) and (B) for which

12 action has been taken, and the result of such

13 action;

14 (D) contain an inventory of the items de15 scribed in subparagraphs (A) and (B) for which

16 action remains to be completed and the period

17 during which each item has remained on such

18 inventory;

19 (E) contain an inventory of the items de20 scribed in subparagraphs (A) and (B) for which

21 no action has been taken, the period during

22 which each item has remained on such inven23 tory, the reasons for the inaction, and identify

24 any Agency or Service Bureau official who is

25 responsible for such inaction;
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1 (F) contain recommendations as may be

2 appropriate to resolve problems encountered by

3 individuals;

4 (G) include such other information as the

5 Ombudsman may deem advisable.

6 SEC. 105. ESTABLISHMENT OF BUREAU OF ENFORCEMENT

7 AND BORDER AFFAIRS.

8 (a) IMMIGRATION ENFORCEMENT FUNCTIONS DE9 FINED.—In this section, the term ‘‘immigration enforce10 ment functions’’ means the following functions under the

11 immigration laws of the United States:

12 (1) The Border Patrol program.

13 (2) The detention program (except as specified

14 in section 103(a)).

15 (3) The deportation program.

16 (4) The intelligence program.

17 (5) The investigations program.

18 (b) ESTABLISHMENT OF BUREAU.—

19 (1) IN GENERAL.—There is established within

20 the Agency a bureau to be known as the Bureau of

21 Enforcement and Border Affairs (in this section re22 ferred to as the ‘‘Enforcement Bureau’’).

23 (2) ENFORCEMENT BUREAU.—It is the sense of

24 Congress that the Enforcement Bureau be organized

25 in accordance with the ‘‘best practices’’ of other fed-
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1 eral law enforcement agencies, including the Federal

2 Bureau of Investigation and the Drug Enforcement

3 Agency.

4 (3) DIRECTOR.—The head of the Enforcement

5 Bureau shall be the Director of the Bureau of En6 forcement and Border Affairs who—

7 (A) shall be appointed by the President, by

8 and with the advice and consent of the Senate;

9 and

10 (B) shall report directly to the Associate

11 Attorney General for Immigration Affairs.

12 (4) COMPENSATION AT LEVEL IV OF EXECU13 TIVE SCHEDULE.—Section 5315 of title 5, United

14 States Code, is amended by adding at the end the

15 following:

16 ‘‘Director of Enforcement and Border Affairs,

17 Immigration Affairs Agency.’’.

18 (c) RESPONSIBILITIES OF THE BUREAU.—Subject to

19 the policy guidance of the Associate Attorney General for

20 Immigration Affairs, the Enforcement Bureau shall be re21 sponsible for carrying out the immigration enforcement

22 functions of the Agency.

23 (d) DELEGATION OF AUTHORITY BY THE ATTORNEY

24 GENERAL.—All immigration enforcement functions vested

25 by statute in, or exercised by—
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1 (1) the Attorney General, or

2 (2) the Commissioner of Immigration and Nat3 uralization, the Immigration and Naturalization

4 Service, or officers, employees, or components there5 of,

6 immediately prior to the effective date of this title shall

7 be exercised by the Attorney General through the Asso8 ciate Attorney General for Immigration Affairs and the

9 Director of the Enforcement Bureau.

10 (e) CHIEF FINANCIAL OFFICER FOR THE BUREAU

11 OF ENFORCEMENT AND BORDER AFFAIRS.—

12 (1) IN GENERAL.—There shall be a position of

13 Chief Financial Officer for the Bureau of Enforce14 ment and Border Affairs and this position shall be

15 a career reserved position within the Senior Execu16 tive Service and shall have the authorities and func17 tions described in section 902 of title 31, United

18 States Code, in relation to financial activities of the

19 Enforcement Bureau. For purposes of section

20 902(a)(1) of such title, the Director of the Enforce21 ment Bureau shall be deemed to be the head of the

22 agency. The provisions of section 903 of such title

23 (relating to Deputy Chief Financial Officers) shall

24 also apply to such Bureau in the same manner as

25 the previous sentence applies to such Bureau.
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1 (2) COMPENSATION.—Section 5316 of title 5,

2 United States Code, is amended by adding at the

3 end the following:

4 ‘‘Chief Financial Officer, Bureau of Enforce5 ment and Border Affairs of the Immigration Affairs

6 Agency.’’.

7 (f) ORGANIZATION.—The Director of the Enforce8 ment Bureau shall establish field offices in major cities

9 and regions of the United States. The locations shall be

10 selected according to trends in illegal immigration, alien

11 smuggling, criminal aliens, the need for regional cen12 tralization, and the need to manage resources efficiently.

13 Field offices shall also establish satellite offices as needed.

14 (g) OFFICE OF PROFESSIONAL RESPONSIBILITY.—

15 There shall be within the Enforcement Bureau an Office

16 of Professional Responsibility that shall have the responsi17 bility of receiving charges of misconduct or ill treatment

18 made by the public and investigating the charges and pro19 viding an appropriate remedy or disposition.

20 (h) TRAINING OF PERSONNEL.—The Director of the

21 Enforcement Bureau, in consultation with the Associate

22 Attorney General for Immigration Affairs, shall have re23 sponsibility for determining the law enforcement training

24 for all personnel of the Enforcement Bureau.
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1 (i) REFERENCES.—Any reference in any statute, re2 organization plan, Executive order, regulation, agreement,

3 determination, or other official document or proceeding

4 to—

5 (1) the Commissioner of Immigration and Nat6 uralization or any other officer or employee of the

7 Immigration and Naturalization Service (insofar as

8 such references refer to any immigration enforce9 ment function) shall be deemed to refer to the Direc10 tor of the Enforcement Bureau; or

11 (2) the Immigration and Naturalization Service

12 (insofar as such references refer to any immigration

13 enforcement function) shall be deemed to refer to

14 the Enforcement Bureau.

15 (j) AUTHORIZATION OF APPROPRIATIONS.—

16 (1) IN GENERAL.—There are authorized to be

17 appropriated to the Enforcement Bureau such sums

18 as may be necessary to carry out its functions.

19 (2) AVAILABILITY OF FUNDS.—Amounts appro20 priated pursuant to paragraph (1) are authorized to

21 remain available until expended.

22 SEC. 106. EXERCISE OF AUTHORITIES.

23 Except as otherwise provided by law, a Federal offi24 cial to whom a function is transferred pursuant to this

25 title may, for purposes of performing the function, exercise
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1 all authorities under any other provision of law that were

2 available with respect to the performance of that function

3 to the official responsible for the performance of the func4 tion immediately before the effective date of the transfer

5 of the function pursuant to this title.

6 SEC. 107. SAVINGS PROVISIONS.

7 (a) LEGAL DOCUMENTS.—All orders, determinations,

8 rules, regulations, permits, grants, loans, contracts, agree9 ments, certificates, licenses, and privileges—

10 (1) that have been issued, made, granted, or al11 lowed to become effective by the President, the At12 torney General, the Commissioner of the Immigra13 tion and Naturalization Service, their delegates, or

14 any other Government official, or by a court of com15 petent jurisdiction, in the performance of any func16 tion that is transferred pursuant to this title; and

17 (2) that are in effect on the effective date of

18 such transfer (or become effective after such date

19 pursuant to their terms as in effect on such effective

20 date);

21 shall continue in effect according to their terms until

22 modified, terminated, superseded, set aside, or revoked in

23 accordance with law by the President, any other author24 ized official, a court of competent jurisdiction, or operation

25 of law.
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1 (b) PROCEEDINGS.—Sections 101 through 105 and

2 this section shall not affect any proceedings or any appli3 cation for any benefits, service, license, permit, certificate,

4 or financial assistance pending on the effective date of this

5 title before an office whose functions are transferred pur6 suant to this title, but such proceedings and applications

7 shall be continued. Orders shall be issued in such pro8 ceedings, appeals shall be taken therefrom, and payments

9 shall be made pursuant to such orders, as if this Act had

10 not been enacted, and orders issued in any such pro11 ceeding shall continue in effect until modified, terminated,

12 superseded, or revoked by a duly authorized official, by

13 a court of competent jurisdiction, or by operation of law.

14 Nothing in this section shall be considered to prohibit the

15 discontinuance or modification of any such proceeding

16 under the same terms and conditions and to the same ex17 tent that such proceeding could have been discontinued

18 or modified if this section had not been enacted.

19 (c) SUITS.—This title shall not affect suits com20 menced before the effective date of this title, and in all

21 such suits, proceeding shall be had, appeals taken, and

22 judgments rendered in the same manner and with the

23 same effect as if this title had not been enacted.

24 (d) NONABATEMENT OF ACTIONS.—No suit, action,

25 or other proceeding commenced by or against the Depart-
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1 ment of Justice or the Immigration and Naturalization

2 Service, or by or against any individual in the official ca3 pacity of such individual as an officer or employee in con4 nection with a function transferred pursuant to this sec5 tion, shall abate by reason of the enactment of this Act.

6 (e) CONTINUANCE OF SUITS.—If any Government of7 ficer in the official capacity of such officer is party to a

8 suit with respect to a function of the officer, and pursuant

9 to this title such function is transferred to any other offi10 cer or office, then such suit shall be continued with the

11 other officer or the head of such other office, as applicable,

12 substituted or added as a party.

13 (f) ADMINISTRATIVE PROCEDURE AND JUDICIAL RE14 VIEW.—Except as otherwise provided by this title, any

15 statutory requirements relating to notice, hearings, action

16 upon the record, or administrative or judicial review that

17 apply to any function transferred pursuant to this title

18 shall apply to the exercise of such function by the head

19 of the office, and other officers of the office, to which such

20 function is transferred pursuant to such section.

21 SEC. 108. TRANSFER AND ALLOCATION OF APPROPRIA22 TIONS AND PERSONNEL.

23 (a) IN GENERAL.—

24 (1) TRANSFERS.—The personnel of the Depart25 ment of Justice employed in connection with the
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1 functions transferred pursuant to this title (and

2 functions that the Attorney General determines are

3 properly related to the functions of the Office, the

4 Service Bureau, or the Enforcement Bureau would,

5 if so transferred, further the purposes of the Office

6 and the respective Bureau), and the assets, liabil7 ities, contracts, property, records, and unexpended

8 balance of appropriations, authorizations, alloca9 tions, and other funds employed, held, used, arising

10 from, available to, or to be made available to the Im11 migration and Naturalization Service in connection

12 with the functions transferred pursuant to this title,

13 subject to section 202 of the Budget and Accounting

14 Procedures Act of 1950, shall be transferred to the

15 Office or the Bureau, as the case may be, for appro16 priate allocation by the Associate Attorney General

17 for Immigration Affairs for the Office or the Bu18 reau, as the case may be. Unexpended funds trans19 ferred pursuant to this subsection shall be used only

20 for the purposes for which the funds were originally

21 authorized and appropriated. The Attorney General

22 shall retain the right to adjust or realign transfers

23 of funds and personnel effected pursuant to this title

24 for a period of 2 years after the date of the estab25 lishment of the Agency.
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1 (2) AUTHORIZATION OF APPROPRIATIONS.—

2 There are authorized to be appropriated such sums

3 as may be necessary to carry out the transfers made

4 pursuant to this title.

5 (b) DELEGATION AND ASSIGNMENT.—Except as oth6 erwise expressly prohibited by law or otherwise provided

7 in this title, the Associate Attorney General for Immigra8 tion Affairs, the Director of the Service Bureau, and the

9 Director of the Enforcement Bureau to whom functions

10 are transferred pursuant to this title may delegate any of

11 the functions so transferred to such officers and employees

12 of the Office of the Associate Attorney General for Immi13 gration Affairs, the Service Bureau, and the Enforcement

14 Bureau, respectively, as the Associate Attorney General

15 or such Director may designate, and may authorize suc16 cessive redelegations of such functions as may be nec17 essary or appropriate. No delegation of functions under

18 this subsection or under any other provision of this title

19 shall relieve the official to whom a function is transferred

20 pursuant to this title of responsibility for the administra21 tion of the function.

22 (c) AUTHORITIES OF ATTORNEY GENERAL.—

23 (1) INCIDENTAL TRANSFERS.—The Attorney

24 General (or a delegate of the Attorney General), at

25 such time or times as the Attorney General (or the
30

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1 delegate) shall provide, may make such determina2 tions as may be necessary with regard to the func3 tions transferred pursuant to this title, and to make

4 such additional incidental dispositions of personnel,

5 assets, liabilities, grants, contracts, property,

6 records, and unexpended balances of appropriations,

7 authorizations, allocations, and other funds held,

8 used, arising from, available to, or to be made avail9 able in connection with such functions, as may be

10 necessary to carry out the provisions of this title.

11 The Attorney General shall provide for such further

12 measures and dispositions as may be necessary to ef13 fectuate the purposes of this title.

14 (2) TREATMENT OF SHARED RESOURCES.—

15 (A) IN GENERAL.—The Associate Attorney

16 General for Immigration Affairs is authorized

17 to provide for an appropriate allocation, or co18 ordination, or both, of resources involved in

19 supporting shared support functions for the Of20 fice, the Service Bureau, the Enforcement Bu21 reau, and offices within the Department of Jus22 tice. The Associate Attorney General for Immi23 gration Affairs shall maintain oversight and

24 control over the shared computer databases and

25 systems and records management.
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1 (B) DATABASES.—The Associate Attorney

2 General for Immigration Affairs, with the as3 sistance of the Attorney General, shall ensure

4 that the Immigration Affairs Agency’s data5 bases and those of the Service Bureau and the

6 Enforcement Bureau are integrated with the

7 databases of the Executive Office for Immigra8 tion Review in such a way as to permit—

9 (i) the electronic docketing of each

10 case by date of service upon an alien of the

11 notice to appear in the case of a removal

12 proceeding (or an order to show cause in

13 the case of a deportation proceeding); and

14 (ii) the tracking of the status of any

15 alien throughout the alien’s contact with

16 United States immigration authorities

17 without regard to whether the entity with

18 jurisdiction over the alien is the Immigra19 tion Affairs Agency, the Service Bureau,

20 the Enforcement Bureau, or the Executive

21 Office for Immigration Review.
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1 SEC. 109. EXECUTIVE OFFICE FOR IMMIGRATION REVIEW

2 AND ATTORNEY GENERAL LITIGATION AU3 THORITIES NOT AFFECTED.

4 Nothing in this title may be construed to authorize

5 or require the transfer or delegation of any function vested

6 in, or exercised by—

7 (1) the Executive Office for Immigration Re8 view of the Department of Justice, or any officer,

9 employee, or component thereof, or

10 (2) the Attorney General with respect to the in11 stitution of any prosecution, or the institution or de12 fense of any action or appeal, in any court of the

13 United States established under Article III of the

14 Constitution,

15 immediately prior to the effective date of this title.

16 SEC. 110. DEFINITIONS.

17 For purposes of this title:

18 (1) FUNCTION.—The term ‘‘function’’ includes

19 any duty, obligation, power, authority, responsibility,

20 right, privilege, activity, or program.

21 (2) OFFICE.—The term ‘‘office’’ includes any

22 office, administration, agency, bureau, institute,

23 council, unit, organizational entity, or component

24 thereof.
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1 SEC. 111. EFFECTIVE DATE.

2 This title, and the amendments made by this title,

3 shall take effect 18 months after the date of enactment

4 of this Act.

5 TITLE II—PERSONNEL

6 FLEXIBILITIES

7 SEC. 201. IMPROVEMENTS IN PERSONNEL FLEXIBILITIES.

8 (a) IN GENERAL.—Part III of title 5, United States

9 Code, is amended by adding at the end the following new

10 subpart:

11 ‘‘Subpart J—Immigration Affairs Agency Personnel

12 ‘‘CHAPTER 96—PERSONNEL FLEXIBILI13 TIES RELATING TO THE IMMIGRATION

14 AFFAIRS AGENCY

‘‘Sec.

‘‘9601. Immigration Affairs Agency personnel flexibilities.

‘‘9602. Pay authority for critical positions.

‘‘9603. Streamlined critical pay authority.

‘‘9604. Recruitment, retention, relocation incentives, and relocation expenses.

‘‘9605. Performance awards for senior executives.

15 ‘‘§ 9601. Immigration Affairs Agency personnel flexi16 bilities

17 ‘‘(a) Any flexibilities provided by sections 9602

18 through 9610 of this chapter shall be exercised in a man19 ner consistent with—

20 ‘‘(1) chapter 23 (relating to merit system prin21 ciples and prohibited personnel practices);

22 ‘‘(2) provisions relating to preference eligibles;
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1 ‘‘(3) except as otherwise specifically provided,

2 section 5307 (relating to the aggregate limitation on

3 pay);

4 ‘‘(4) except as otherwise specifically provided,

5 chapter 71 (relating to labor-management relations);

6 and

7 ‘‘(5) subject to subsections (b) and (c) of sec8 tion 1104, as though such authorities were delegated

9 to the Attorney General under section 1104(a)(2).

10 ‘‘(b) The Attorney General shall provide the Office

11 of Personnel Management with any information that Of12 fice requires in carrying out its responsibilities under this

13 section.

14 ‘‘(c) Employees within a unit to which a labor organi15 zation is accorded exclusive recognition under chapter 71

16 shall not be subject to any flexibility provided by sections

17 9607 through 9610 of this chapter unless the exclusive

18 representative and the Immigration Affairs Agency have

19 entered into a written agreement which specifically pro20 vides for the exercise of that flexibility. Such written

21 agreement may be imposed by the Federal Services Im22 passes Panel under section 7119.

23 ‘‘§ 9602. Pay authority for critical positions

24 ‘‘(a) When the Attorney General seeks a grant of au25 thority under section 5377 for critical pay for 1 or more
35

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1 positions at the Immigration Affairs Agency, the Office

2 of Management and Budget may fix the rate of basic pay,

3 notwithstanding sections 5377(d)(2) and 5307, at any

4 rate up to the salary set in accordance with section 104

5 of title 3.

6 ‘‘(b) Notwithstanding section 5307, no allowance, dif7 ferential, bonus, award, or similar cash payment may be

8 paid to any employee receiving critical pay at a rate fixed

9 under subsection (a), in any calendar year if, or to the

10 extent that, the employee’s total annual compensation will

11 exceed the maximum amount of total annual compensation

12 payable at the salary set in accordance with section 104

13 of title 3.

14 ‘‘§ 9603. Streamlined critical pay authority

15 ‘‘(a) Notwithstanding section 9602, and without re16 gard to the provisions of this title governing appointments

17 in the competitive service or the Senior Executive Service

18 and chapters 51 and 53 (relating to classification and pay

19 rates), the Attorney General may, for a period of 10 years

20 after the date of enactment of this section, establish, fix

21 the compensation of, and appoint individuals to, des22 ignated critical administrative, technical, and professional

23 positions needed to carry out the functions of the Immi24 gration Affairs Agency, if—

25 ‘‘(1) the positions—
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•S 1563 IS

1 ‘‘(A) require expertise of an extremely high

2 level in an administrative, technical, or profes3 sional field; and

4 ‘‘(B) are critical to the Immigration Af5 fairs Agency’s successful accomplishment of an

6 important mission;

7 ‘‘(2) exercise of the authority is necessary to re8 cruit or retain an individual exceptionally well quali9 fied for the position;

10 ‘‘(3) the number of such positions does not ex11 ceed 40 at any one time;

12 ‘‘(4) designation of such positions are approved

13 by the Attorney General;

14 ‘‘(5) the terms of such appointments are limited

15 to no more than 4 years;

16 ‘‘(6) appointees to such positions were not Im17 migration Affairs Agency employees prior to July 1,

18 1999;

19 ‘‘(7) total annual compensation for any ap20 pointee to such positions does not exceed the highest

21 total annual compensation payable at the rate deter22 mined under section 104 of title 3; and

23 ‘‘(8) all such positions are excluded from the

24 collective bargaining unit.
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1 ‘‘(b) Individuals appointed under this section shall

2 not be considered to be employees for purposes of sub3 chapter II of chapter 75.

4 ‘‘§ 9604. Recruitment, retention, relocation incen5 tives, and relocation expenses

6 ‘‘(a) For a period of 10 years after the date of enact7 ment of this section and subject to approval by the Office

8 of Personnel Management, the Attorney General may pro9 vide for variations from sections 5753 and 5754 governing

10 payment of recruitment, relocation, and retention incen11 tives.

12 ‘‘(b) For a period of 10 years after the date of enact13 ment of this section, the Attorney General may pay from

14 appropriations made to the Immigration Affairs Agency

15 allowable relocation expenses under section 5724a for em16 ployees transferred or reemployed and allowable travel and

17 transportation expenses under section 5723 for new ap18 pointees, for any new appointee appointed to a position

19 for which pay is fixed under section 9602 or 9603 after

20 July 1, 1999.

21 ‘‘§ 9605. Performance awards for senior executives

22 ‘‘(a) For a period of 10 years after the date of enact23 ment of this section, Immigration Affairs Agency senior

24 executives who have program management responsibility

25 over significant functions of the Immigration Affairs
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•S 1563 IS

1 Agency may be paid a performance bonus without regard

2 to the limitation in section 5384(b)(2) if the Attorney

3 General finds such award warranted based on the execu4 tive’s performance.

5 ‘‘(b) In evaluating an executive’s performance for

6 purposes of an award under this section, the Attorney

7 General shall take into account the executive’s contribu8 tions toward the successful accomplishment of goals and

9 objectives established under the Government Performance

10 and Results Act of 1993 and other performance metrics

11 or plans established in consultation with the Attorney

12 General.

13 ‘‘(c) Any award in excess of 20 percent of an execu14 tive’s rate of basic pay shall be approved by the Attorney

15 General.

16 ‘‘(d) Notwithstanding section 5384(b)(3), the Attor17 ney General shall determine the aggregate amount of per18 formance awards available to be paid during any fiscal

19 year under this section and section 5384 to career senior

20 executives in the Immigration Affairs Agency. Such

21 amount may not exceed an amount equal to 5 percent of

22 the aggregate amount of basic pay paid to career senior

23 executives in the Immigration Affairs Agency during the

24 preceding fiscal year. The Immigration Affairs Agency

25 shall not be included in the determination under section
39

•S 1563 IS

1 5384(b)(3) of the aggregate amount of performance

2 awards payable to career senior executives in the Depart3 ment of the Justice other than the Immigration Affairs

4 Agency.

5 ‘‘(e) Notwithstanding section 5307, a performance

6 bonus award may not be paid to an executive in a calendar

7 year if, or to the extent that, the executive’s total annual

8 compensation will exceed the maximum amount of total

9 annual compensation payable at the rate determined

10 under section 104 of title 3.’’.

11 (b) CLERICAL AMENDMENT.—The table of sections

12 for part III of title 5, United States Code, is amended

13 by adding at the end the following new items:

‘‘SUBPART J—IMMIGRATION AFFAIRS AGENCY PERSONNEL

‘‘96. Personnel flexibilities relating to the Immigration Affairs Agency 9601.’’.

14 SEC. 202. VOLUNTARY SEPARATION INCENTIVE PAYMENTS.

15 (a) DEFINITION.—In this section, the term ‘‘em16 ployee’’ means an employee (as defined by section 2105

17 of title 5, United States Code) who is employed by the

18 Immigration Affairs Agency serving under an appointment

19 without time limitation, and has been currently employed

20 for a continuous period of at least 3 years, but does not

21 include—

22 (1) a reemployed annuitant under subchapter

23 III of chapter 83 or chapter 84 of title 5, United

24 States Code, or another retirement system;
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•S 1563 IS

1 (2) an employee having a disability on the basis

2 of which such employee is or would be eligible for

3 disability retirement under the applicable retirement

4 system referred to in paragraph (1);

5 (3) an employee who is in receipt of a specific

6 notice of involuntary separation for misconduct or

7 unacceptable performance;

8 (4) an employee who, upon completing an addi9 tional period of service as referred to in section

10 3(b)(2)(B)(ii) of the Federal Workforce Restruc11 turing Act of 1994 (5 U.S.C. 5597 note), would

12 qualify for a voluntary separation incentive payment

13 under section 3 of such Act;

14 (5) an employee who has previously received

15 any voluntary separation incentive payment by the

16 Federal Government under this section or any other

17 authority and has not repaid such payment;

18 (6) an employee covered by statutory reemploy19 ment rights who is on transfer to another organiza20 tion; or

21 (7) any employee who, during the 24-month pe22 riod preceding the date of separation, has received a

23 recruitment or relocation bonus under section 5753

24 of title 5, United States Code, or who, within the

25 12-month period preceding the date of separation,
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•S 1563 IS

1 received a retention allowance under section 5754 of

2 title 5, United States Code.

3 (b) AUTHORITY TO PROVIDE VOLUNTARY SEPARA4 TION INCENTIVE PAYMENTS.—

5 (1) IN GENERAL.—The Associate Attorney Gen6 eral for Immigration Affairs may pay voluntary sep7 aration incentive payments under this section to any

8 employee to the extent necessary to carry out the

9 plan to reorganize the Immigration Affairs Agency

10 under title I.

11 (2) AMOUNT AND TREATMENT OF PAYMENTS.—

12 A voluntary separation incentive payment—

13 (A) shall be paid in a lump sum after the

14 employee’s separation;

15 (B) shall be paid from appropriations or

16 funds available for the payment of the basic pay

17 of the employees;

18 (C) shall be equal to the lesser of—

19 (i) an amount equal to the amount

20 the employee would be entitled to receive

21 under section 5595(c) of title 5, United

22 States Code; or

23 (ii) an amount determined by an

24 agency head not to exceed $25,000;
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•S 1563 IS

1 (D) may not be made except in the case of

2 any qualifying employee who voluntarily sepa3 rates (whether by retirement or resignation) be4 fore January 1, 2003;

5 (E) shall not be a basis for payment, and

6 shall not be included in the computation, of any

7 other type of Government benefit; and

8 (F) shall not be taken into account in de9 termining the amount of any severance pay to

10 which the employee may be entitled under sec11 tion 5595 of title 5, United States Code, based

12 on any other separation.

13 (c) ADDITIONAL IMMIGRATION AFFAIRS AGENCY

14 CONTRIBUTIONS TO THE RETIREMENT FUND.—

15 (1) IN GENERAL.—In addition to any other

16 payments which it is required to make under sub17 chapter III of chapter 83 of title 5, United States

18 Code, the Immigration Affairs Agency shall remit to

19 the Office of Personnel Management for deposit in

20 the Treasury of the United States to the credit of

21 the Civil Service Retirement and Disability Fund an

22 amount equal to 15 percent of the final basic pay of

23 each employee who is covered under subchapter III

24 of chapter 83 or chapter 84 of title 5, United States
43

•S 1563 IS

1 Code, to whom a voluntary separation incentive has

2 been paid under this section.

3 (2) DEFINITION.—In paragraph (1), the term

4 ‘‘final basic pay’’, with respect to an employee,

5 means the total amount of basic pay which would be

6 payable for a year of service by such employee, com7 puted using the employee’s final rate of basic pay,

8 and, if last serving on other than a full-time basis,

9 with appropriate adjustment therefore.

10 (d) EFFECT OF SUBSEQUENT EMPLOYMENT WITH

11 THE GOVERNMENT.—An individual who has received a

12 voluntary separation incentive payment under this section

13 and accepts any employment for compensation with the

14 Government of the United States, or who works for any

15 agency of the United States Government through a per16 sonal services contract, within 5 years after the date of

17 the separation on which the payment is based, shall be

18 required to pay, prior to the individual’s first day of em19 ployment, the entire amount of the incentive payment to

20 the Immigration Affairs Agency.

21 (e) USE OF VOLUNTARY SEPARATIONS.—The Immi22 gration Affairs Agency may redeploy or use the full-time

23 equivalent positions vacated by voluntary separations

24 under this section to make other positions available to

25 more critical locations or more critical occupations.
44

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1 SEC. 203. BASIS FOR EVALUATION OF IMMIGRATION AF2 FAIRS AGENCY EMPLOYEES.

3 (a) FAIR AND EQUITABLE TREATMENT.—The Immi4 gration Affairs Agency shall use the fair and equitable

5 treatment of aliens by employees as one of the standards

6 for evaluating employee performance.

7 (b) EFFECTIVE DATE.—This section shall apply to

8 evaluations conducted on or after the date of the enact9 ment of this Act.

10 SEC. 204. EMPLOYEE TRAINING PROGRAM.

11 (a) IN GENERAL.—Not later than 180 days after the

12 effective date of this Act, the Director of the Service Bu13 reau and the Director of the Enforcement Bureau, in con14 sultation with the Associate Attorney General for Immi15 gration Affairs, shall each implement an employee training

16 program for the personnel of their respective bureaus and

17 shall each submit an employee training plan to the Com18 mittee on the Judiciary of the Senate and the Committee

19 on the Judiciary of the House of Representatives.

20 (b) CONTENTS.—The plan submitted under sub21 section (a) shall—

22 (1) detail a schedule for training and the fiscal

23 years during which the training will occur;

24 (2) detail the funding of the program and rel25 evant information to demonstrate the priority and

26 commitment of resources to the plan;
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•S 1563 IS

1 (3) with respect to the Service Bureau, after

2 consultation by the Associate Attorney General for

3 Immigration Affairs with the Director of the Service

4 Bureau, detail a comprehensive employee training

5 program to ensure adequate customer service train6 ing;

7 (4) detail any joint training of both Service Bu8 reau and Enforcement Bureau personnel in appro9 priate areas;

10 (5) review the organizational design of customer

11 service; and

12 (6) provide for the implementation of a per13 formance development system.

14 SEC. 205. EFFECTIVE DATE.

15 Except as otherwise provided in this title, this title,

16 and the amendments made by this title, shall take effect

17 18 months after the date of enactment of this Act.

18 TITLE III—ADDITIONAL

19 PROVISIONS

20 SEC. 301. EXPEDITED PROCESSING OF DOCUMENTS.

21 (a) 30-DAY PROCESSING OF ‘‘H–1B’’, ‘‘L’’, ‘‘O’’, OR

22 ‘‘P–1’’ NONIMMIGRANTS.—Section 214(c)(1) of the Immi23 gration and Nationality Act (8 U.S.C. 1184(c)(1)) is

24 amended by adding at the end the following: ‘‘The Attor25 ney General shall provide a process for reviewing and act-
46

•S 1563 IS

1 ing upon petitions under this subsection with respect to

2 nonimmigrants described in section 101(a)(15) (H)(i)(b),

3 (L), (O), or (P)(i) within 30 days after the date a com4 pleted petition has been filed.’’.

5 (b) 30-DAY PROCESSING OF ‘‘R’’ NON6 IMMIGRANTS.—Section 214(c) of the Immigration and

7 Nationality Act (8 U.S.C. 1184(c)) is amended by adding

8 at the end the following:

9 ‘‘(10) The Attorney General shall provide a

10 process for reviewing and acting upon petitions

11 under the subsection with respect to nonimmigrants

12 described in section 101(a)(15)(R) within 30 days

13 after the date a completed petition has been filed.’’.

14 (c) 60-DAY PROCESSING OF IMMIGRANTS.—Section

15 204 of the Immigration and Nationality Act (8 U.S.C.

16 1154) is amended by adding at the end the following:

17 ‘‘(j) The Attorney General shall provide a process for

18 reviewing and acting upon petitions under this section

19 within 60 days after the date a completed petition has

20 been filed under this section.’’.

21 (d) 90-DAY PROCESSING OF ADJUSTMENT OF STA22 TUS APPLICATIONS.—Section 245 of the Immigration and

23 Nationality Act (8 U.S.C. 1255) is amended by adding

24 at the end the following new subsection:
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•S 1563 IS

1 ‘‘(l) The Attorney General shall provide a process for

2 reviewing and acting upon petitions under this subsection

3 within 90 days after the date a completed petition has

4 been filed.’’.

5 (e) 90-DAY PROCESSING OF IMMIGRANT VISA APPLI6 CATIONS.—Section 222 of the Immigration and Nation7 ality Act (8 U.S.C. 1202) is amended by adding at the

8 end the following new subsection:

9 ‘‘(h) The Secretary of State shall provide a process

10 for reviewing and acting upon petitions under this section

11 within 90 days after the date a completed application has

12 been filed.’’.

13 (f) REENTRY PERMITS.—Section 223 of the Immi14 gration and Nationality Act (8 U.S.C. 1203) is amended

15 by adding at the end the following new subsection:

16 ‘‘(f) EXCEPTION.—No permit shall be required for a

17 permanent resident who is transferred abroad temporarily

18 as a result of employment with a United States employer

19 or its overseas parent, subsidiary, or affiliate.’’.

20 (g) ELECTRONIC FILING.—Not later than one year

21 after the date of enactment of this Act, the Attorney Gen22 eral shall establish a demonstration project regarding the

23 feasibility of electronic filing of petitions with respect to

24 nonimmigrants described in section 101(a)(15) (H), (L),

25 (O), (P)(i), or (R) of the Immigration and Nationality Act.
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1 The demonstration project shall utilize a representative

2 number of employers who seek to employ those non3 immigrants. The demonstration project shall make provi4 sion for payment by the employer of related fees through

5 the establishment of an account with the Immigration and

6 Naturalization Service or through a credit card. Within

7 2 years of the date of enactment of this Act, the Attorney

8 General shall consider the feasibility of offering electronic

9 filing to all petitioners.’’.

10 (h) REPORT.—Section 214(c)(8) of the Immigration

11 and Nationality Act (8 U.S.C. 1184(c)(8)) is amended by

12 adding at the end the following new subparagraph:

13 ‘‘(F) The average processing time of each such

14 type of petition shall be reported annually and quar15 terly.’’.

16 (i) EFFECTIVE DATE.—The amendments made by

17 this section shall take effect 6 months after the effective

18 date of Title I.

19 SEC. 302. FUNDING ADJUDICATION AND NATURALIZATION

20 SERVICES.

21 Section 286(m) of the Immigration and Nationality

22 Act (8 U.S.C. 1356(m)) is amended—

23 (1) by striking ‘‘: Provided further,’’ and all

24 that follows through ‘‘immigrants.’’ and inserting

25 the following: ‘‘Each fee collected for the provision
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1 of an adjudication or naturalization service may be

2 used only to fund adjudication or naturalization

3 services or the costs of similar services provided

4 without charge to asylum or refugee applicants.’’;

5 and

6 (2) by adding at the end the following new sen7 tences: ‘‘Nothing in this subsection shall be con8 strued to modify the conditions specified in section

9 286(s) for the expenditure of the proceeds for the

10 fee authorized under section 214(c)(9). There are

11 authorized to be appropriated such sums as may be

12 necessary to carry out the provisions of section 207

13 through 209 of this Act.’’.

14 SEC. 303. INCREASE IN BORDER PATROL AGENTS AND SUP15 PORT PERSONNEL.

16 Section 101(a) of the Illegal Immigration Reform and

17 Immigrant Responsibility Act of 1996 is amended by

18 striking ‘‘and 2001’’ and inserting ‘‘2001, 2002, 2003,

19 and 2004’’.

Æ