SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Immigration Restruc-
turing and Accountability Act of 1999’’.
TITLE I—NATIONAL
IMMIGRATION BUREAU
SEC. 101. ESTABLISHMENT OF NATIONAL IMMIGRATION
BUREAU.
(a) NATIONAL IMMIGRATION BUREAU; DIRECTOR.—
(1) IN GENERAL.—There is established in the
Department of Justice a bureau to be known as the
National Immigration Bureau (in this Act referred
to as the ‘‘Bureau’’).
(2) DIRECTOR.—The head of the Bureau shall
be the Director of the National Immigration Bureau
(in this Act referred to as the ‘‘Director’’) who—
(A) shall be a citizen of the United States;
(B) shall be appointed by the President, by
and with the advice and consent of the Senate;
and
(C) shall report directly to the Attorney
General or the Attorney General’s delegate.
(3) COMPENSATION.—Such Director shall be
paid at the rate of basic pay payable for level IV of
the Executive Schedule (as listed in section 5315 of
title 5, United States Code).
(4) FUNCTIONS.—Such Director—
(A) shall be charged with any and all re-
sponsibilities and authority in the administra-
tion of the Bureau and of the Immigration and
Nationality Act which are conferred upon the
Attorney General as may be delegated to the
Director by the Attorney General or which may
be prescribed by the Attorney General; and
(B) shall perform such functions as are
transferred to the Director by this section or
this Act or otherwise vested in the Director by
law.
(b) ASSISTANT DIRECTOR
FOR COMMUNITY LIAI-
SON.—Within the Office of the Director of the National
Immigration Bureau, there shall be an Assistant Director
for Community Liaison. The Assistant Director shall be
charged with any and all responsibilities and authority
which are conferred upon the Director as may be delegated
to him or her by the Director, or which may be prescribed
by the Director, relating to the following:
(1) Accountability of the Bureau to the commu-
nities it serves.
(2) Communication between the Director and
such communities.
(3) Resolution of issues and concerns that can-
not be resolved at a local level or through ordinary
administrative channels.
(c) TRANSFER OF FUNCTIONS.—There are trans-
ferred from the Commissioner of the Immigration and
Naturalization Service to the Director of the National Im-
migration Bureau all functions performed by the Commis-
sioner, and all personnel, infrastructure, and funding pro-
vided to the Commissioner, immediately before the effec-
tive date of this section.
(d) REFERENCES.—With respect to any function
transferred from the Commissioner of the Immigration
and Naturalization Service by this section or Act to, and
exercised on or after the effective date of this section by,
the Bureau, reference in any other Federal law, Executive
order, rule, regulation, or delegation of authority, or any
document of or pertaining to an office from which a func-
tion is so transferred—
(1) to the head of such office is deemed to refer
to the Director of the National Immigration Bureau;
or
(2) to such office is deemed to refer to the Bu-
reau.
SEC. 
102. 
OFFICES 
WITHIN 
NATIONAL 
IMMIGRATION
BUREAU.
(a) IN GENERAL.—Within the National Immigration
Bureau there shall be the following offices, each office to
be headed by a deputy director:
(1) The Office of Immigration Adjudications.
(2) The Office of Immigration Enforcement.
(3) The Office of Prehearing Services.
(4) The Office of Shared Services.
(b) OFFICE OF IMMIGRATION ADJUDICATIONS.—
(1) IN GENERAL.—The Deputy Director for Im-
migration Adjudications shall be charged with any
and all responsibilities and authority which are con-
ferred upon the Director of the National Immigra-
tion Bureau as may be delegated to the Deputy Di-
rector by the Director, or which may be prescribed
by the Director, relating to any of the functions de-
scribed in paragraphs (3) through (5).
(2) DIVISIONS.—Within the Office of Immigra-
tion Adjudications there shall be the following divi-
sions, each division to be headed by a division chief:
(A) The Division of Adjudications.
(B) The Division of Refugees, Asylum, Pa-
role, and Humanitarian Affairs.
(C) The Division of Community Relations.
(3) DIVISION OF ADJUDICATIONS.—The Divi-
sion Chief of the Division of Adjudications shall be
charged with any and all responsibilities and author-
ity which are conferred upon the Deputy Director
for Immigration Adjudications as may be delegated
to the Division Chief by the Deputy Director, or
which may be prescribed by the Deputy Director, re-
lating to the following functions:
(A) Adjudication of petitions for immi-
grant or nonimmigrant status.
(B) Adjudication of applications for natu-
ralization.
(C) Inspections, and adjudications of appli-
cations for admission, at a port of entry.
(D) All other adjudications under the Im-
migration and Nationality Act performed by the
Immigration and Naturalization Service as of
the effective date in section 401(a).
(4) DIVISION OF REFUGEES, ASYLUM, PAROLE,
AND HUMANITARIAN AFFAIRS.—The Division Chief
of the Division of Refugees, Asylum, Parole, and
Humanitarian Affairs shall be charged with any and
all responsibilities and authority which are conferred
upon the Deputy Director for Immigration Adjudica-
tions as may be delegated to the Division Chief by
the Deputy Director, or which may be prescribed by
the Deputy Director, relating to the following func-
tions:
(A) Adjudication of petitions and applica-
tions for admission as a refugee, asylum, or pa-
role into the United States.
(B) Liaison with international organiza-
tions concerned with the protection of refugees
and asylum seekers.
(5) DIVISION OF COMMUNITY RELATIONS.—The
Division Chief of the Division of Community Rela-
tions shall be charged with any and all responsibil-
ities and authority which are conferred upon the
Deputy Director for Immigration Adjudications as
may be delegated to the Division Chief by the Dep-
uty Director, or which may be prescribed by the
Deputy Director, relating to community relations.
(c) OFFICE OF IMMIGRATION ENFORCEMENT.—
(1) IN GENERAL.—The Deputy Director for Im-
migration Enforcement shall be charged with any
and all responsibilities and authority which are con-
ferred upon the Director of the National Immigra-
tion Bureau as may be delegated to the Deputy Di-
rector by the Director, or which may be prescribed
by the Director, relating to any of the functions de-
scribed in paragraphs (3) through (6).
(2) DIVISIONS.—Within the Office of Immigra-
tion Enforcement there shall be the following divi-
sions, each division to be headed by a division chief:
(A) The Border Patrol Division.
(B) The Division of Removal.
(C) The Division of Intelligence and Inves-
tigations.
(D) The Division of Community Relations.
(3) BORDER PATROL DIVISION.—The Division
Chief of the Border Patrol Division shall be charged
with any and all responsibilities and authority which
are conferred upon the Deputy Director for Immi-
gration Enforcement as may be delegated to the Di-
vision Chief by the Deputy Director, or which may
be prescribed by the Deputy Director, relating to the
following functions:
(A) Border control and enforcement (ex-
cluding inspections or adjudications at ports of
entry).
(B) All other functions performed by the
United States Border Patrol as of the effective
date in section 401(a).
(4) DIVISION
OF
REMOVAL.—The Division
Chief of the Division of Removal shall be charged
with any and all responsibilities and authority which
are conferred upon the Deputy Director for Immi-
gration Enforcement as may be delegated to the Di-
vision Chief by the Deputy Director, or which may
be prescribed by the Deputy Director, relating to im-
plementing the removal of deportable and inadmis-
sible aliens from the United States (excluding in-
spections or adjudications relating to such remov-
als).
(5) DIVISION
OF
INTELLIGENCE
AND
INVES-
TIGATIONS.—The Division Chief of the Division of
Intelligence and Investigations shall be charged with
any and all responsibilities and authority which are
conferred upon the Deputy Director for Immigration
Enforcement as may be delegated to the Division
Chief by the Deputy Director, or which may be pre-
scribed by the Deputy Director, relating to intel-
ligence and investigations (including fraud detection
and investigation).
(6) DIVISION OF COMMUNITY RELATIONS.—The
Division Chief of the Division of Community Rela-
tions shall be charged with any and all responsibil-
ities and authority which are conferred upon the
Deputy Director for Immigration Enforcement as
may be delegated to the Division Chief by the Dep-
uty Director, or which may be prescribed by the
Deputy Director, relating to community relations.
(d) OFFICE OF PREHEARING SERVICES.—
(1) IN
GENERAL.—The Deputy Director for
Prehearing Services shall be charged with any and
all responsibilities and authority which are conferred
upon the Director of the National Immigration Bu-
reau as may be delegated to the Deputy Director by
the Director, or which may be prescribed by the Di-
rector, relating to any of the functions described in
paragraphs (3) through (6).
(2) DIVISIONS.—Within the Office of Pre-
hearing Services there shall be the following divi-
sions, each division to be headed by a division chief:
(A) The Division of Detention.
(B) The Division of Alternatives to Deten-
tion.
(C) The Division of Prehearing Services.
(D) The Division of Community Relations.
(3) DIVISION
OF
DETENTION.—The Division
Chief of the Division of Detention shall be charged
with any and all responsibilities and authority which
are conferred upon the Deputy Director for Pre-
hearing Services as may be delegated to the Division
Chief by the Deputy Director, or which may be pre-
scribed by the Deputy Director, relating to detention
of aliens (including criminal aliens, noncriminal
aliens, and asylum seekers) pending completion of
adjudications and appeals or pending removal from
the United States. Such responsibilities and author-
ity shall be subject to section 301.
(4) DIVISION
OF
ALTERNATIVES
TO
DETEN-
TION.—The Division Chief of the Division of Alter-
natives to Detention shall be charged with any and
all responsibilities and authority which are conferred
upon the Deputy Director for Prehearing Services as
may be delegated to the Division Chief by the Dep-
uty Director, or which may be prescribed by the
Deputy Director, relating to alternatives to detention
of aliens pending completion of adjudications and
appeals or pending removal from the United States
(such as supervised release programs) and methods
to ensure required appearances by aliens with re-
spect to adjudications. Such responsibilities and au-
thority shall be subject to section 301.
(5) DIVISION OF PREHEARING SERVICES.—The
Division Chief of the Division of Prehearing Services
shall be charged with any and all responsibilities and
authority which are conferred upon the Deputy Di-
rector for Prehearing Services as may be delegated
to the Division Chief by the Deputy Director, or
which may be prescribed by the Deputy Director, re-
lating to the following functions:
(A) Prehearing services for aliens.
(B) Access by aliens to legal representation
in adjudications.
(6) DIVISION OF COMMUNITY RELATIONS.—The
Division Chief of the Division of Community Rela-
tions shall be charged with any and all responsibil-
ities and authority which are conferred upon the
Deputy Director for Prehearing Services as may be
delegated to the Division Chief by the Deputy Direc-
tor, or which may be prescribed by the Deputy Di-
rector, relating to community relations.
(e) OFFICE OF SHARED SERVICES.—The Deputy Di-
rector for Shared Services shall be charged with any and
all responsibilities and authority which are conferred upon
the Director of the National Immigration Bureau as may
be delegated to the Deputy Director by the Director, or
which may be prescribed by the Director, relating to pro-
viding operational support to all offices of the Bureau (in-
cluding coordination among such offices).
(f) SPECIAL RULE FOR LOCAL OFFICES.—Any local
office established to carry out the functions of the Office
of Immigration Adjudications shall be separate from any
local office established to carry out the functions of the
Office of Immigration Enforcement. The preceding sen-
tence shall not be construed to inhibit or preclude the co-
ordination of functions by the Office of Immigration Adju-
dications and the Office of Immigration Enforcement, or
by any local offices.
SEC. 103. EXERCISE OF AUTHORITIES.
Except as otherwise provided by law, a Federal offi-
cial to whom a function is transferred by this Act may,
for purposes of performing the function, exercise all au-
thorities 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 of the transfer of the
function under this Act.
SEC. 104. SAVINGS PROVISIONS.
(a) LEGAL DOCUMENTS.—All orders, determinations,
rules, regulations, permits, grants, loans, contracts, agree-
ments, certificates, licenses, and privileges—
(1) that have been issued, made, granted, or al-
lowed to become effective by the President, the At-
torney General, the Commissioner of the Immigra-
tion and Naturalization Service, their delegates, or
any other Government official, or by a court of com-
petent jurisdiction, in the performance of any func-
tion that is transferred by this Act; and
(2) that are in effect on the effective date of
such transfer (or become effective after such date
pursuant to their terms as in effect on such effective
date);
shall continue in effect according to their terms until
modified, terminated, superseded, set aside, or revoked in
accordance with law by the President, any other author-
ized official, a court of competent jurisdiction, or operation
of law.
(b) PROCEEDINGS.—This Act shall not affect any
proceedings or any application for any benefits, service,
license, permit, certificate, or financial assistance pending
on the effective date in section 401(a) before an office
whose functions are transferred by this Act, but such pro-
ceedings and applications shall be continued. Orders shall
be issued in such proceedings, appeals shall be taken
therefrom, and payments shall be made pursuant to such
orders, as if this Act had not been enacted, and orders
issued in any such proceeding shall continue in effect until
modified, terminated, superseded, or revoked by a duly au-
thorized official, by a court of competent jurisdiction, or
by operation of law. Nothing in this section shall be con-
sidered to prohibit the discontinuance or modification of
any such proceeding under the same terms and conditions
and to the same extent that such proceeding could have
been discontinued or modified if this section had not been
enacted.
(c) SUITS.—This Act shall not affect suits com-
menced before the effective date in section 401(a), and
in all such suits, proceedings shall be had, appeals taken,
and judgments rendered in the same manner and with the
same effect as if this Act had not been enacted.
(d) NONABATEMENT OF ACTIONS.—No suit, action,
or other proceeding commenced by or against the Depart-
ment of Justice or the Immigration and Naturalization
Service, or by or against any individual in the official ca-
pacity of such individual as an officer or employee in con-
nection with a function transferred by this Act, shall abate
by reason of the enactment of this Act.
(e) CONTINUANCE OF SUITS.—If any Government of-
ficer, in the official capacity of such officer is party to
a suit with respect to a function of the officer, and under
this Act such function is transferred to any other officer
or office, then such suit shall be continued with the other
officer or the head of such other office, as applicable, sub-
stituted or added as a party.