[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1563 Introduced in Senate (IS)]







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.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``INS Reform and 
Border Security Act of 1999''.
    (b) Table of Contents.--The table of contents of 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.
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.

SEC. 2. IMMIGRATION LAWS OF THE UNITED STATES DEFINED.

    In this Act, the term ``immigration laws of the United States'' 
means the following:
            (1) The Immigration and Nationality Act.
            (2) The Illegal Immigration Reform and Immigrant 
        Responsibility Act of 1996.
            (3) The Immigration and Nationality Technical Corrections 
        Act of 1994.
            (4) The Immigration Act of 1990.
            (5) The Immigration Reform and Control Act of 1986.
            (6) The Refugee Act of 1980.
            (7) Such other statutes, Executive orders, regulations, or 
        directives that relate to the admission to, detention in, or 
        removal from the United States of aliens, or that otherwise 
        relate to the status of aliens in the United States.

                  TITLE I--IMMIGRATION AFFAIRS AGENCY

SEC. 101. ESTABLISHMENT OF IMMIGRATION AFFAIRS AGENCY.

    (a) Establishment.--
            (1) In general.--There is established within the Department 
        of Justice the Immigration Affairs Agency (in this Act referred 
        to as the ``Agency'').
            (2) Components.--The Agency shall consist of--
                    (A) the Office of the Associate Attorney General 
                for Immigration Affairs established in section 102;
                    (B) the Bureau of Immigration Services and 
                Adjudications established in section 103; and
                    (C) the Bureau of Enforcement and Border Affairs 
                established in section 105.
    (b) Associate Attorney General for Immigration Affairs.--
            (1) In general.--The Agency shall be headed by an Associate 
        Attorney General for Immigration Affairs, who shall be 
        appointed by the President, by and with the advice and consent 
        of the Senate.
            (2) Compensation at rate of pay for executive level iii.--
        Section 5314 of title 5, United States Code, is amended by 
        adding at the end the following:
            ``Associate Attorney General for Immigration Affairs, 
        Department of Justice.''.
            (3) Conforming amendments.--(A) Section 103(c) of the 
        Immigration and Nationality Act is amended--
                    (i) by striking the first sentence; and
                    (ii) in the second sentence, by striking ``He'' and 
                inserting ``The Associate Attorney General for 
                Immigration Affairs''.
            (B) Section 103 of such Act is amended by striking 
        ``Commissioner'' and inserting ``Associate Attorney General for 
        Immigration Affairs''.
            (C) Section 5315 of title 5, United States Code, is amended 
        by striking the following:
            ``Commissioner of Immigration and Naturalization, 
        Department of Justice.''.
    (c) Repeals.--The following provisions of law are repealed:
            (1) Section 4 of the Act of February 14, 1903, as amended 
        (32 Stat. 826; relating to the establishment of the Immigration 
        and Naturalization Service).
            (2) Section 7 of the Act of March 3, 1891, as amended (26 
        Stat. 1085; relating to the establishment of the office of the 
        Commissioner of Immigration and Naturalization).
            (3) Section 201 of the Act of June 20, 1956 (70 Stat. 307; 
        relating to the compensation of assistant commissioners and 
        district director).
            (4) Section 1 of March 2, 1895 (28 Stat. 780; relating to 
        special immigrant inspectors).
    (d) References.--Except as otherwise provided in sections 103 and 
105, any reference in any statute, reorganization plan, Executive 
order, regulation, agreement, determination, or other official document 
or proceeding to the Immigration and Naturalization Service shall be 
deemed to refer to the Immigration Affairs Agency.
    (e) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated to 
        the Agency such sums as may be necessary to carry out its 
        functions.
            (2) Availability of funds.--Amounts appropriated pursuant 
        to paragraph (1) are authorized to remain available until 
        expended.

SEC. 102. OFFICE OF THE ASSOCIATE ATTORNEY GENERAL FOR IMMIGRATION 
              AFFAIRS.

    (a) Policy and Administrative Functions Defined.--In this section, 
the term ``immigration policy and administrative functions'' includes 
the following functions under the immigration laws of the United 
States:
            (1) Inspections at ports of entry in the United States.
            (2) Policy and planning formulation on immigration matters.
            (3) Information technology, information resources 
        management, and maintenance of records and databases, and the 
        coordination of records and other information of the two 
        bureaus within the Agency.
            (4) Such other functions as involve providing resources and 
        other support for the Bureau of Immigration Services and 
        Adjudications (established in section 103) and the Bureau of 
        Enforcement and Border Affairs (established in section 105).
    (b) Establishment of Office.--
            (1) In general.--There is established within the Agency the 
        Office of the Associate Attorney General for Immigration 
        Affairs (in this title referred to as the ``Office'').
            (2) General counsel.--
                    (A) In general.--There shall be within the Office 
                of the Associate Attorney General for Immigration 
                Affairs a General Counsel, who shall be appointed by 
                the Attorney General.
                    (B) Compensation.--Section 5316 of title 5, United 
                States Code, is amended by adding at the end the 
                following:
                    ``General Counsel, Immigration Affairs Agency.''.
            (3) Chief financial officer for the immigration affairs 
        agency.--
                    (A) In general.--There shall be a position of Chief 
                Financial Officer for the Immigration Affairs Agency 
                and this position shall be a career reserved position 
                within the Senior Executive Service and shall have the 
                authorities and functions described in section 902 of 
                title 31, United States Code, in relation to financial 
                activities related to immigration policy and 
                administrative functions. For purposes of section 
                902(a)(1) of such title, the Associate Attorney General 
                for Immigration Affairs shall be deemed to be the head 
                of the agency. The provisions of section 903 of such 
                title (relating to Deputy Chief Financial Officers) 
                shall also apply in the same manner as the previous 
                sentence.
                    (B) Compensation.--Section 5316 of title 5, United 
                States Code, is amended by adding at the end the 
                following:
                    ``Chief Financial Officer, Immigration Affairs 
                Agency.''.
    (c) Responsibilities of the Office.--Under the direction of the 
Attorney General, the Office of the Associate Attorney General for 
Immigration Affairs shall be responsible for carrying out the 
immigration policy and administrative functions of the Agency.
    (d) Delegation of Authority by the Attorney General.--All 
immigration policy and administrative functions vested by statute in, 
or exercised by--
            (1) the Attorney General, or
            (2) the Commissioner of Immigration and Naturalization, the 
        Immigration and Naturalization Service, or officers, employees, 
        or components thereof,
immediately prior to the effective date of this title shall be 
exercised by the Attorney General through the Associate Attorney 
General for Immigration Affairs.
    (e) References.--Any reference in any statute, reorganization plan, 
Executive order, regulation, agreement, determination, or other 
official document or proceeding to--
            (1) the Commissioner of Immigration and Naturalization or 
        any other officer or employee of the Immigration and 
        Naturalization Service (insofar as such references refer to any 
        immigration policy and administrative function) shall be deemed 
        to refer to the Associate Attorney General for Immigration 
        Affairs; or
            (2) the Immigration and Naturalization Service (insofar as 
        such references refer to any immigration policy and 
        administrative function) shall be deemed to refer to the Office 
        of the Associate Attorney General for Immigration Affairs.

SEC. 103. ESTABLISHMENT OF BUREAU OF IMMIGRATION SERVICES AND 
              ADJUDICATIONS.

    (a) Immigration Adjudication and Service Functions Defined.--In 
this section, the term ``immigration adjudication and service 
functions'' means the following functions under the immigration laws of 
the United States:
            (1) Adjudications of nonimmigrant and immigrant visa 
        petitions.
            (2) Adjudications of naturalization petitions.
            (3) Adjudications of asylum and refugee applications.
            (4) Determinations concerning custody, parole, and 
        conditions of parole regarding applicants for asylum detained 
        at ports of entry who do not have prior nonpolitical criminal 
        records and who have been found to have a credible fear of 
        persecution, and responsibility for the detention of any such 
        applicant with respect to whom a determination has been made 
        that detention is required.
            (5) Adjudications performed at Service centers.
            (6) All other adjudications under the immigration laws of 
        the United States.
    (b) Establishment of Bureau.--
            (1) In general.--There is established within the Agency a 
        bureau to be known as the Bureau of Immigration Services and 
        Adjudications (in this section referred to as the ``Service 
        Bureau'').
            (2) Sense of congress.--It is the sense of Congress that 
        the structure of the Service Bureau should be based on the 
organization of the Social Security Administration.
            (3) Director.--The head of the Service Bureau shall be the 
        Director of Immigration Services and Adjudications who--
                    (A) shall be appointed by the President, by and 
                with the advice and consent of the Senate; and
                    (B) shall report directly to the Associate Attorney 
                General for Immigration Affairs.
            (4) Compensation at level iv of executive schedule.--
        Section 5315 of title 5, United States Code, is amended by 
        adding at the end the following:
            ``Director of Immigration Services and Adjudications, 
        Immigration Affairs Agency.''.
    (c) Responsibilities of the Bureau.--Subject to the policy guidance 
of the Associate Attorney General for Immigration Affairs, the Service 
Bureau shall be responsible for carrying out the immigration 
adjudication and service functions of the Agency.
    (d) Delegation of Authority by the Attorney General.--All 
immigration adjudication and service functions vested by statute in, or 
exercised by--
            (1) the Attorney General, or
            (2) the Commissioner of Immigration and Naturalization, the 
        Immigration and Naturalization Service, or officers, employees, 
        or components thereof,
immediately prior to the effective date of this title shall be 
exercised by the Attorney General through the Associate Attorney 
General for Immigration Affairs and the Director of the Service Bureau.
    (e) Chief Financial Officer for the Bureau of Immigration Services 
and Adjudications.--
            (1) In general.--There shall be a position of Chief 
        Financial Officer for the Bureau of Immigration Services and 
        Adjudications and this position shall be a career reserved 
        position within the Senior Executive Service and shall have the 
        authorities and functions described in section 902 of title 31, 
        United States Code, in relation to financial activities of the 
        Service Bureau. For purposes of section 902(a)(1) of such 
        title, the Director of the Service Bureau shall be deemed to be 
        the head of the agency. The provisions of section 903 of such 
        title (relating to Deputy Chief Financial Officers) shall also 
        apply to such Bureau in the same manner as the previous 
        sentence applies to such Bureau.
            (2) Compensation.--Section 5316 of title 5, United States 
        Code, is amended by adding at the end the following:
            ``Chief Financial Officer, Bureau of Immigration Services 
        and Adjudications of the Immigration Affairs Agency.''.
    (f) Regional Commissioners.--There shall be within the Service 
Bureau Regional Commissioners who shall be responsible for carrying out 
the functions of the Bureau within specified geographic regions. The 
Director of the Service Bureau shall establish the number of Regional 
Commissioners based on workload and economies of scale.
    (g) Area Directors.--The Director of the Service Bureau shall 
appoint Area Directors who shall report to the Regional Commissioner in 
his or her region. In States with large populations there may be more 
than one Area Director. Each Area Director is in charge of field 
offices within his or her area.
    (h) Field Office Managers.--A Field Office Manager is in charge of 
each field office. The field offices, located in cities and other 
places around the country, are the Service Bureau's main source of 
contact with the public. Congress encourages the development of 
telephone service centers to improve service and efficiency, which may 
or may not be located in the same location as service centers under 
subsection (k).
    (i) Term of Service.--No Field Office Manager or Area Director may 
hold his or her post in a single geographic region for more than 6 
years without a break of at least 2 years. The Attorney General may 
waive this subsection for extraordinary reasons.
    (j) Service Centers.--In addition, there shall be Service Centers, 
located depending on the workloads and economies of scale. The head of 
each Service Center shall report to the Regional Commissioner in the 
region in which the Service Center is situated.
    (k) Quality Assurance.--There shall be within the Service Bureau an 
Office of Quality Assurance, modeled on the corresponding office of the 
Social Security Administration, that shall develop procedures and 
conduct audits to--
            (1) ensure that national policies are correctly 
        implemented;
            (2) determine whether Service Bureau policies or practices 
        result in poor file management or poor or inaccurate service; 
        and
            (3) report findings recommending corrective action to the 
        Director of the Service Bureau.
    (l) Office of Professional Responsibility.--There shall be within 
the Service Bureau an Office of Professional Responsibility that shall 
have the responsibility of receiving charges of misconduct or ill 
treatment made by the public and investigating the charges and 
providing an appropriate remedy or disposition.
    (m) Training of Personnel.--The Director of the Service Bureau, in 
consultation with the Associate Attorney General for Immigration 
Affairs, shall have responsibility for the training of all personnel of 
the Service Bureau.
    (n) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated to 
        the Service Bureau such sums as may be necessary to carry out 
        its functions.
            (2) Availability of funds.--Amounts appropriated pursuant 
        to paragraph (1) are authorized to remain available until 
        expended.
    (o) References.--Any reference in any statute, reorganization plan, 
Executive order, regulation, agreement, determination, or other 
official document or proceeding to--
            (1) the Commissioner of Immigration and Naturalization or 
        any other officer or employee of the Immigration and 
        Naturalization Service (insofar as such references refer to any 
immigration adjudication and service function) shall be deemed to refer 
to the Director of the Service Bureau; or
            (2) the Immigration and Naturalization Service (insofar as 
        such references refer to any immigration adjudication and 
        service function) shall be deemed to refer to the Service 
        Bureau.

SEC. 104. OFFICE OF THE OMBUDSMAN WITHIN THE SERVICE BUREAU.

    (a) In General.--There is established within the Service Bureau the 
Office of the Ombudsman, which shall be headed by the Ombudsman.
    (b) Ombudsman.--
            (1) Appointment.--The Ombudsman shall be appointed by the 
        Director of the Service Bureau after consultation with the 
        Associate Attorney General for Immigration Affairs and without 
        regard to the provisions of title 5, United States Code, 
        relating to appointments in the competitive service or the 
        Senior Executive Service. The Ombudsman shall report directly 
        to the Director of the Service Bureau.
            (2) Compensation.--The Ombudsman shall be entitled to 
        compensation at the same rate as the highest rate of basic pay 
        established for the Senior Executive Service under section 5382 
        of title 5, United States Code, or, if the Attorney General so 
        determines, at a rate fixed under section 9503 of such title.
    (c) Functions of Office.--The functions of the Office of the 
Ombudsman shall include to--
            (1) assist individuals in resolving service or case 
        problems with the Agency or Service Bureau;
            (2) identify areas in which individuals have problems in 
        dealings with the Immigration Affairs Agency or Service Bureau;
            (3) to the extent possible, propose changes in the 
        administrative practices of the Agency or Service Bureau to 
        mitigate problems identified under paragraph (2);
            (4) monitor the coverage and geographic allocation of local 
        offices of the Service Bureau; and
            (5) ensure that the local telephone number for each local 
        office of the Service Bureau is published and available to 
        individuals served by the office.
    (e) Personnel Actions.--The Ombudsman shall have the responsibility 
and authority to appoint local or regional representatives of the 
Ombudsman's Office as in the Ombudsman's judgment may be necessary to 
address and rectify serious service problems.
    (f) Responsibilities of Director of the Service Bureau.--The 
Director of the Service Bureau shall establish procedures requiring a 
formal response to all recommendations submitted to the Director by the 
Ombudsman within 3 months after submission of the Ombudsman's reports 
or recommendations. The Director of the Service Bureau shall meet 
regularly with the Ombudsman to identify and correct serious service 
problems.
    (g) 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 Representatives and the Committee on 
        the Judiciary of the Senate on the objectives of the Office of 
        the Ombudsman for the fiscal year beginning in such calendar 
        year. Any such report shall contain full and substantive 
        analysis, in addition to statistical information.
            (2) Activities.--Not later than December 31 of each 
        calendar year, the Ombudsman shall submit a report to the 
        Committee on the Judiciary of the House of Representatives and 
        the Committee on the Judiciary of the Senate on the activities 
        of the Ombudsman during the fiscal year ending in that calendar 
        year. Any such report shall contain a full and substantive 
        analysis, in addition to statistical information, and shall--
                    (A) identify the initiatives the Office of the 
                Ombudsman has taken on improving services and the 
                responsiveness of the Agency and the Service Bureau;
                    (B) contain a summary of the most serious problems 
                encountered by individuals, including a description of 
                the nature of such problems;
                    (C) 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) 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) contain an inventory of the items described in 
                subparagraphs (A) and (B) for which no action has been 
                taken, the period during which each item has remained 
                on such inventory, the reasons for the inaction, and 
                identify any Agency or Service Bureau official who is 
                responsible for such inaction;
                    (F) contain recommendations as may be appropriate 
                to resolve problems encountered by individuals;
                    (G) include such other information as the Ombudsman 
                may deem advisable.

SEC. 105. ESTABLISHMENT OF BUREAU OF ENFORCEMENT AND BORDER AFFAIRS.

    (a) Immigration Enforcement Functions Defined.--In this section, 
the term ``immigration enforcement functions'' means the following 
functions under the immigration laws of the United States:
            (1) The Border Patrol program.
            (2) The detention program (except as specified in section 
        103(a)).
            (3) The deportation program.
            (4) The intelligence program.
            (5) The investigations program.
    (b) Establishment of Bureau.--
            (1) In general.--There is established within the Agency a 
        bureau to be known as the Bureau of Enforcement and Border 
        Affairs (in this section referred to as the ``Enforcement 
        Bureau'').
            (2) Enforcement bureau.--It is the sense of Congress that 
        the Enforcement Bureau be organized in accordance with the 
        ``best practices'' of other federal law enforcement agencies, 
        including the Federal Bureau of Investigation and the Drug 
        Enforcement Agency.
            (3) Director.--The head of the Enforcement Bureau shall be 
        the Director of the Bureau of Enforcement and Border Affairs 
        who--
                    (A) shall be appointed by the President, by and 
                with the advice and consent of the Senate; and
                    (B) shall report directly to the Associate Attorney 
                General for Immigration Affairs.
            (4) Compensation at level iv of executive schedule.--
        Section 5315 of title 5, United States Code, is amended by 
        adding at the end the following:
            ``Director of Enforcement and Border Affairs, Immigration 
        Affairs Agency.''.
    (c) Responsibilities of the Bureau.--Subject to the policy guidance 
of the Associate Attorney General for Immigration Affairs, the 
Enforcement Bureau shall be responsible for carrying out the 
immigration enforcement functions of the Agency.
    (d) Delegation of Authority by the Attorney General.--All 
immigration enforcement functions vested by statute in, or exercised 
by--
            (1) the Attorney General, or
            (2) the Commissioner of Immigration and Naturalization, the 
        Immigration and Naturalization Service, or officers, employees, 
        or components thereof,
immediately prior to the effective date of this title shall be 
exercised by the Attorney General through the Associate Attorney 
General for Immigration Affairs and the Director of the Enforcement 
Bureau.
    (e) Chief Financial Officer for the Bureau of Enforcement and 
Border Affairs.--
            (1) In general.--There shall be a position of Chief 
        Financial Officer for the Bureau of Enforcement and Border 
        Affairs and this position shall be a career reserved position 
        within the Senior Executive Service and shall have the 
        authorities and functions described in section 902 of title 31, 
        United States Code, in relation to financial activities of the 
        Enforcement Bureau. For purposes of section 902(a)(1) of such 
        title, the Director of the Enforcement Bureau shall be deemed 
        to be the head of the agency. The provisions of section 903 of 
        such title (relating to Deputy Chief Financial Officers) shall 
        also apply to such Bureau in the same manner as the previous 
        sentence applies to such Bureau.
            (2) Compensation.--Section 5316 of title 5, United States 
        Code, is amended by adding at the end the following:
            ``Chief Financial Officer, Bureau of Enforcement and Border 
        Affairs of the Immigration Affairs Agency.''.
    (f) Organization.--The Director of the Enforcement Bureau shall 
establish field offices in major cities and regions of the United 
States. The locations shall be selected according to trends in illegal 
immigration, alien smuggling, criminal aliens, the need for regional 
centralization, and the need to manage resources efficiently. Field 
offices shall also establish satellite offices as needed.
    (g) Office of Professional Responsibility.--There shall be within 
the Enforcement Bureau an Office of Professional Responsibility that 
shall have the responsibility of receiving charges of misconduct or ill 
treatment made by the public and investigating the charges and 
providing an appropriate remedy or disposition.
    (h) Training of Personnel.--The Director of the Enforcement Bureau, 
in consultation with the Associate Attorney General for Immigration 
Affairs, shall have responsibility for determining the law enforcement 
training for all personnel of the Enforcement Bureau.
    (i) References.--Any reference in any statute, reorganization plan, 
Executive order, regulation, agreement, determination, or other 
official document or proceeding to--
            (1) the Commissioner of Immigration and Naturalization or 
        any other officer or employee of the Immigration and 
        Naturalization Service (insofar as such references refer to any 
        immigration enforcement function) shall be deemed to refer to 
        the Director of the Enforcement Bureau; or
            (2) the Immigration and Naturalization Service (insofar as 
        such references refer to any immigration enforcement function) 
        shall be deemed to refer to the Enforcement Bureau.
    (j) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated to 
        the Enforcement Bureau such sums as may be necessary to carry 
        out its functions.
            (2) Availability of funds.--Amounts appropriated pursuant 
        to paragraph (1) are authorized to remain available until 
        expended.

SEC. 106. EXERCISE OF AUTHORITIES.

    Except as otherwise provided by law, a Federal official to whom a 
function is transferred pursuant to this title may, for purposes of 
performing the function, exercise all authorities under any other 
provision of law that were available 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 pursuant to this title.

SEC. 107. SAVINGS PROVISIONS.

    (a) Legal Documents.--All orders, determinations, rules, 
regulations, permits, grants, loans, contracts, agreements, 
certificates, licenses, and privileges--
            (1) that have been issued, made, granted, or allowed to 
        become effective by the President, the Attorney General, the 
        Commissioner of the Immigration and Naturalization Service, 
        their delegates, or any other Government official, or by a 
        court of competent jurisdiction, in the performance of any 
        function that is transferred pursuant to this title; 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 authorized official, a court of competent 
jurisdiction, or operation of law.
    (b) Proceedings.--Sections 101 through 105 and this section shall 
not affect any proceedings or any application for any benefits, 
service, license, permit, certificate, or financial assistance pending 
on the effective date of this title before an office whose functions 
are transferred pursuant to this title, but such proceedings 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 authorized 
official, by a court of competent jurisdiction, or by operation of law. 
Nothing in this section shall be considered 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 title shall not affect suits commenced before the 
effective date of this title, and in all such suits, proceeding shall 
be had, appeals taken, and judgments rendered in the same manner and 
with the same effect as if this title had not been enacted.
    (d) Nonabatement of Actions.--No suit, action, or other proceeding 
commenced by or against the Department of Justice or the Immigration 
and Naturalization Service, or by or against any individual in the 
official capacity of such individual as an officer or employee in 
connection with a function transferred pursuant to this section, shall 
abate by reason of the enactment of this Act.
    (e) Continuance of Suits.--If any Government officer in the 
official capacity of such officer is party to a suit with respect to a 
function of the officer, and pursuant to this title 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, substituted or added as a party.
    (f) Administrative Procedure and Judicial Review.--Except as 
otherwise provided by this title, any statutory requirements relating 
to notice, hearings, action upon the record, or administrative or 
judicial review that apply to any function transferred pursuant to this 
title shall apply to the exercise of such function by the head of the 
office, and other officers of the office, to which such function is 
transferred pursuant to such section.

SEC. 108. TRANSFER AND ALLOCATION OF APPROPRIATIONS AND PERSONNEL.

    (a) In General.--
            (1) Transfers.--The personnel of the Department of Justice 
        employed in connection with the functions transferred pursuant 
        to this title (and functions that the Attorney General 
        determines are properly related to the functions of the Office, 
        the Service Bureau, or the Enforcement Bureau would, if so 
        transferred, further the purposes of the Office and the 
        respective Bureau), and the assets, liabilities, contracts, 
        property, records, and unexpended balance of appropriations, 
        authorizations, allocations, and other funds employed, held, 
        used, arising from, available to, or to be made available to 
        the Immigration and Naturalization Service in connection with 
        the functions transferred pursuant to this title, subject to 
        section 202 of the Budget and Accounting Procedures Act of 
        1950, shall be transferred to the Office or the Bureau, as the 
        case may be, for appropriate allocation by the Associate 
        Attorney General for Immigration Affairs for the Office or the 
        Bureau, as the case may be. Unexpended funds transferred 
        pursuant to this subsection shall be used only for the purposes 
        for which the funds were originally authorized and 
        appropriated. The Attorney General shall retain the right to 
        adjust or realign transfers of funds and personnel effected 
        pursuant to this title for a period of 2 years after the date 
        of the establishment of the Agency.
            (2) Authorization of appropriations.--There are authorized 
        to be appropriated such sums as may be necessary to carry out 
        the transfers made pursuant to this title.
    (b) Delegation and Assignment.--Except as otherwise expressly 
prohibited by law or otherwise provided in this title, the Associate 
Attorney General for Immigration Affairs, the Director of the Service 
Bureau, and the Director of the Enforcement Bureau to whom functions 
are transferred pursuant to this title may delegate any of the 
functions so transferred to such officers and employees of the Office 
of the Associate Attorney General for Immigration Affairs, the Service 
Bureau, and the Enforcement Bureau, respectively, as the Associate 
Attorney General or such Director may designate, and may authorize 
successive redelegations of such functions as may be necessary or 
appropriate. No delegation of functions under this subsection or under 
any other provision of this title shall relieve the official to whom a 
function is transferred pursuant to this title of responsibility for 
the administration of the function.
    (c) Authorities of Attorney General.--
            (1) Incidental transfers.--The Attorney General (or a 
        delegate of the Attorney General), at such time or times as the 
        Attorney General (or the delegate) shall provide, may make such 
        determinations as may be necessary with regard to the functions 
        transferred pursuant to this title, and to make such additional 
        incidental dispositions of personnel, assets, liabilities, 
        grants, contracts, property, records, and unexpended balances 
        of appropriations, authorizations, allocations, and other funds 
        held, used, arising from, available to, or to be made available 
        in connection with such functions, as may be necessary to carry 
        out the provisions of this title. The Attorney General shall 
        provide for such further measures and dispositions as may be 
        necessary to effectuate the purposes of this title.
            (2) Treatment of shared resources.--
                    (A) In general.--The Associate Attorney General for 
                Immigration Affairs is authorized to provide for an 
                appropriate allocation, or coordination, or both, of 
                resources involved in supporting shared support 
                functions for the Office, the Service Bureau, the 
                Enforcement Bureau, and offices within the Department 
                of Justice. The Associate Attorney General for 
                Immigration Affairs shall maintain oversight and 
                control over the shared computer databases and systems 
                and records management.
                    (B) Databases.--The Associate Attorney General for 
                Immigration Affairs, with the assistance of the 
                Attorney General, shall ensure that the Immigration 
                Affairs Agency's databases and those of the Service 
                Bureau and the Enforcement Bureau are integrated with 
                the databases of the Executive Office for Immigration 
                Review in such a way as to permit--
                            (i) the electronic docketing of each case 
                        by date of service upon an alien of the notice 
                        to appear in the case of a removal proceeding 
                        (or an order to show cause in the case of a 
                        deportation proceeding); and
                            (ii) the tracking of the status of any 
                        alien throughout the alien's contact with 
                        United States immigration authorities without 
                        regard to whether the entity with jurisdiction 
                        over the alien is the Immigration Affairs 
                        Agency, the Service Bureau, the Enforcement 
                        Bureau, or the Executive Office for Immigration 
                        Review.

SEC. 109. EXECUTIVE OFFICE FOR IMMIGRATION REVIEW AND ATTORNEY GENERAL 
              LITIGATION AUTHORITIES NOT AFFECTED.

    Nothing in this title may be construed to authorize or require the 
transfer or delegation of any function vested in, or exercised by--
            (1) the Executive Office for Immigration Review of the 
        Department of Justice, or any officer, employee, or component 
        thereof, or
            (2) the Attorney General with respect to the institution of 
        any prosecution, or the institution or defense of any action or 
        appeal, in any court of the United States established under 
        Article III of the Constitution,
immediately prior to the effective date of this title.

SEC. 110. DEFINITIONS.

    For purposes of this title:
            (1) Function.--The term ``function'' includes any duty, 
        obligation, power, authority, responsibility, right, privilege, 
        activity, or program.
            (2) Office.--The term ``office'' includes any office, 
        administration, agency, bureau, institute, council, unit, 
        organizational entity, or component thereof.

SEC. 111. EFFECTIVE DATE.

    This title, and the amendments made by this title, shall take 
effect 18 months after the date of enactment of this Act.

                   TITLE II--PERSONNEL FLEXIBILITIES

SEC. 201. IMPROVEMENTS IN PERSONNEL FLEXIBILITIES.

    (a) In General.--Part III of title 5, United States Code, is 
amended by adding at the end the following new subpart:

           ``Subpart J--Immigration Affairs Agency Personnel

   ``CHAPTER 96--PERSONNEL FLEXIBILITIES RELATING TO THE IMMIGRATION 
                             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.
``Sec. 9601. Immigration Affairs Agency personnel flexibilities
    ``(a) Any flexibilities provided by sections 9602 through 9610 of 
this chapter shall be exercised in a manner consistent with--
            ``(1) chapter 23 (relating to merit system principles and 
        prohibited personnel practices);
            ``(2) provisions relating to preference eligibles;
            ``(3) except as otherwise specifically provided, section 
        5307 (relating to the aggregate limitation on pay);
            ``(4) except as otherwise specifically provided, chapter 71 
        (relating to labor-management relations); and
            ``(5) subject to subsections (b) and (c) of section 1104, 
        as though such authorities were delegated to the Attorney 
        General under section 1104(a)(2).
    ``(b) The Attorney General shall provide the Office of Personnel 
Management with any information that Office requires in carrying out 
its responsibilities under this section.
    ``(c) Employees within a unit to which a labor organization is 
accorded exclusive recognition under chapter 71 shall not be subject to 
any flexibility provided by sections 9607 through 9610 of this chapter 
unless the exclusive representative and the Immigration Affairs Agency 
have entered into a written agreement which specifically provides for 
the exercise of that flexibility. Such written agreement may be imposed 
by the Federal Services Impasses Panel under section 7119.
``Sec. 9602. Pay authority for critical positions
    ``(a) When the Attorney General seeks a grant of authority under 
section 5377 for critical pay for 1 or more positions at the 
Immigration Affairs Agency, the Office of Management and Budget may fix 
the rate of basic pay, notwithstanding sections 5377(d)(2) and 5307, at 
any rate up to the salary set in accordance with section 104 of title 
3.
    ``(b) Notwithstanding section 5307, no allowance, differential, 
bonus, award, or similar cash payment may be paid to any employee 
receiving critical pay at a rate fixed under subsection (a), in any 
calendar year if, or to the extent that, the employee's total annual 
compensation will exceed the maximum amount of total annual 
compensation payable at the salary set in accordance with section 104 
of title 3.
``Sec. 9603. Streamlined critical pay authority
    ``(a) Notwithstanding section 9602, and without regard to the 
provisions of this title governing appointments in the competitive 
service or the Senior Executive Service and chapters 51 and 53 
(relating to classification and pay rates), the Attorney General may, 
for a period of 10 years after the date of enactment of this section, 
establish, fix the compensation of, and appoint individuals to, 
designated critical administrative, technical, and professional 
positions needed to carry out the functions of the Immigration Affairs 
Agency, if--
            ``(1) the positions--
                    ``(A) require expertise of an extremely high level 
                in an administrative, technical, or professional field; 
                and
                    ``(B) are critical to the Immigration Affairs 
                Agency's successful accomplishment of an important 
                mission;
            ``(2) exercise of the authority is necessary to recruit or 
        retain an individual exceptionally well qualified for the 
        position;
            ``(3) the number of such positions does not exceed 40 at 
        any one time;
            ``(4) designation of such positions are approved by the 
        Attorney General;
            ``(5) the terms of such appointments are limited to no more 
        than 4 years;
            ``(6) appointees to such positions were not Immigration 
        Affairs Agency employees prior to July 1, 1999;
            ``(7) total annual compensation for any appointee to such 
        positions does not exceed the highest total annual compensation 
        payable at the rate determined under section 104 of title 3; 
        and
            ``(8) all such positions are excluded from the collective 
        bargaining unit.
    ``(b) Individuals appointed under this section shall not be 
considered to be employees for purposes of subchapter II of chapter 75.
``Sec. 9604. Recruitment, retention, relocation incentives, and 
              relocation expenses
    ``(a) For a period of 10 years after the date of enactment of this 
section and subject to approval by the Office of Personnel Management, 
the Attorney General may provide for variations from sections 5753 and 
5754 governing payment of recruitment, relocation, and retention 
incentives.
    ``(b) For a period of 10 years after the date of enactment of this 
section, the Attorney General may pay from appropriations made to the 
Immigration Affairs Agency allowable relocation expenses under section 
5724a for employees transferred or reemployed and allowable travel and 
transportation expenses under section 5723 for new appointees, for any 
new appointee appointed to a position for which pay is fixed under 
section 9602 or 9603 after July 1, 1999.
``Sec. 9605. Performance awards for senior executives
    ``(a) For a period of 10 years after the date of enactment of this 
section, Immigration Affairs Agency senior executives who have program 
management responsibility over significant functions of the Immigration 
Affairs Agency may be paid a performance bonus without regard to the 
limitation in section 5384(b)(2) if the Attorney General finds such 
award warranted based on the executive's performance.
    ``(b) In evaluating an executive's performance for purposes of an 
award under this section, the Attorney General shall take into account 
the executive's contributions toward the successful accomplishment of 
goals and objectives established under the Government Performance and 
Results Act of 1993 and other performance metrics or plans established 
in consultation with the Attorney General.
    ``(c) Any award in excess of 20 percent of an executive's rate of 
basic pay shall be approved by the Attorney General.
    ``(d) Notwithstanding section 5384(b)(3), the Attorney General 
shall determine the aggregate amount of performance awards available to 
be paid during any fiscal year under this section and section 5384 to 
career senior executives in the Immigration Affairs Agency. Such amount 
may not exceed an amount equal to 5 percent of the aggregate amount of 
basic pay paid to career senior executives in the Immigration Affairs 
Agency during the preceding fiscal year. The Immigration Affairs Agency 
shall not be included in the determination under section 5384(b)(3) of 
the aggregate amount of performance awards payable to career senior 
executives in the Department of the Justice other than the Immigration 
Affairs Agency.
    ``(e) Notwithstanding section 5307, a performance bonus award may 
not be paid to an executive in a calendar year if, or to the extent 
that, the executive's total annual compensation will exceed the maximum 
amount of total annual compensation payable at the rate determined 
under section 104 of title 3.''.
    (b) Clerical Amendment.--The table of sections for part III of 
title 5, United States Code, is amended by adding at the end the 
following new items:

           ``Subpart J--Immigration Affairs Agency Personnel

``96. Personnel flexibilities relating to the Immigration      9601.''.
                            Affairs Agency.

SEC. 202. VOLUNTARY SEPARATION INCENTIVE PAYMENTS.

    (a) Definition.--In this section, the term ``employee'' means an 
employee (as defined by section 2105 of title 5, United States Code) 
who is employed by the Immigration Affairs Agency serving under an 
appointment without time limitation, and has been currently employed 
for a continuous period of at least 3 years, but does not include--
            (1) a reemployed annuitant under subchapter III of chapter 
        83 or chapter 84 of title 5, United States Code, or another 
        retirement system;
            (2) an employee having a disability on the basis of which 
        such employee is or would be eligible for disability retirement 
        under the applicable retirement system referred to in paragraph 
        (1);
            (3) an employee who is in receipt of a specific notice of 
        involuntary separation for misconduct or unacceptable 
        performance;
            (4) an employee who, upon completing an additional period 
        of service as referred to in section 3(b)(2)(B)(ii) of the 
        Federal Workforce Restructuring Act of 1994 (5 U.S.C. 5597 
        note), would qualify for a voluntary separation incentive 
        payment under section 3 of such Act;
            (5) an employee who has previously received any voluntary 
        separation incentive payment by the Federal Government under 
        this section or any other authority and has not repaid such 
        payment;
            (6) an employee covered by statutory reemployment rights 
        who is on transfer to another organization; or
            (7) any employee who, during the 24-month period preceding 
        the date of separation, has received a recruitment or 
        relocation bonus under section 5753 of title 5, United States 
        Code, or who, within the 12-month period preceding the date of 
        separation, received a retention allowance under section 5754 
        of title 5, United States Code.
    (b) Authority To Provide Voluntary Separation Incentive Payments.--
            (1) In general.--The Associate Attorney General for 
        Immigration Affairs may pay voluntary separation incentive 
        payments under this section to any employee to the extent 
        necessary to carry out the plan to reorganize the Immigration 
        Affairs Agency under title I.
            (2) Amount and treatment of payments.--A voluntary 
        separation incentive payment--
                    (A) shall be paid in a lump sum after the 
                employee's separation;
                    (B) shall be paid from appropriations or funds 
                available for the payment of the basic pay of the 
                employees;
                    (C) shall be equal to the lesser of--
                            (i) an amount equal to the amount the 
                        employee would be entitled to receive under 
                        section 5595(c) of title 5, United States Code; 
                        or
                            (ii) an amount determined by an agency head 
                        not to exceed $25,000;
                    (D) may not be made except in the case of any 
                qualifying employee who voluntarily separates (whether 
                by retirement or resignation) before January 1, 2003;
                    (E) shall not be a basis for payment, and shall not 
                be included in the computation, of any other type of 
                Government benefit; and
                    (F) shall not be taken into account in determining 
                the amount of any severance pay to which the employee 
                may be entitled under section 5595 of title 5, United 
                States Code, based on any other separation.
    (c) Additional Immigration Affairs Agency Contributions to the 
Retirement Fund.--
            (1) In general.--In addition to any other payments which it 
        is required to make under subchapter III of chapter 83 of title 
        5, United States Code, the Immigration Affairs Agency shall 
        remit to the Office of Personnel Management for deposit in the 
        Treasury of the United States to the credit of the Civil 
        Service Retirement and Disability Fund an amount equal to 15 
        percent of the final basic pay of each employee who is covered 
        under subchapter III of chapter 83 or chapter 84 of title 5, 
        United States Code, to whom a voluntary separation incentive 
        has been paid under this section.
            (2) Definition.--In paragraph (1), the term ``final basic 
        pay'', with respect to an employee, means the total amount of 
        basic pay which would be payable for a year of service by such 
        employee, computed using the employee's final rate of basic 
        pay, and, if last serving on other than a full-time basis, with 
        appropriate adjustment therefore.
    (d) Effect of Subsequent Employment With the Government.--An 
individual who has received a voluntary separation incentive payment 
under this section and accepts any employment for compensation with the 
Government of the United States, or who works for any agency of the 
United States Government through a personal services contract, within 5 
years after the date of the separation on which the payment is based, 
shall be required to pay, prior to the individual's first day of 
employment, the entire amount of the incentive payment to the 
Immigration Affairs Agency.
    (e) Use of Voluntary Separations.--The Immigration Affairs Agency 
may redeploy or use the full-time equivalent positions vacated by 
voluntary separations under this section to make other positions 
available to more critical locations or more critical occupations.

SEC. 203. BASIS FOR EVALUATION OF IMMIGRATION AFFAIRS AGENCY EMPLOYEES.

    (a) Fair and Equitable Treatment.--The Immigration Affairs Agency 
shall use the fair and equitable treatment of aliens by employees as 
one of the standards for evaluating employee performance.
    (b) Effective Date.--This section shall apply to evaluations 
conducted on or after the date of the enactment of this Act.

SEC. 204. EMPLOYEE TRAINING PROGRAM.

    (a) In General.--Not later than 180 days after the effective date 
of this Act, the Director of the Service Bureau and the Director of the 
Enforcement Bureau, in consultation with the Associate Attorney General 
for Immigration Affairs, shall each implement an employee training 
program for the personnel of their respective bureaus and shall each 
submit an employee training plan to the Committee on the Judiciary of 
the Senate and the Committee on the Judiciary of the House of 
Representatives.
    (b) Contents.--The plan submitted under subsection (a) shall--
            (1) detail a schedule for training and the fiscal years 
        during which the training will occur;
            (2) detail the funding of the program and relevant 
        information to demonstrate the priority and commitment of 
        resources to the plan;
            (3) with respect to the Service Bureau, after consultation 
        by the Associate Attorney General for Immigration Affairs with 
        the Director of the Service Bureau, detail a comprehensive 
        employee training program to ensure adequate customer service 
        training;
            (4) detail any joint training of both Service Bureau and 
        Enforcement Bureau personnel in appropriate areas;
            (5) review the organizational design of customer service; 
        and
            (6) provide for the implementation of a performance 
        development system.

SEC. 205. EFFECTIVE DATE.

    Except as otherwise provided in this title, this title, and the 
amendments made by this title, shall take effect 18 months after the 
date of enactment of this Act.

                    TITLE III--ADDITIONAL PROVISIONS

SEC. 301. EXPEDITED PROCESSING OF DOCUMENTS.

    (a) 30-Day Processing of ``H-1B'', ``L'', ``O'', or ``P-1'' 
Nonimmigrants.--Section 214(c)(1) of the Immigration and Nationality 
Act (8 U.S.C. 1184(c)(1)) is amended by adding at the end the 
following: ``The Attorney General shall provide a process for reviewing 
and acting upon petitions under this subsection with respect to 
nonimmigrants described in section 101(a)(15) (H)(i)(b), (L), (O), or 
(P)(i) within 30 days after the date a completed petition has been 
filed.''.
    (b) 30-Day Processing of ``R'' Nonimmigrants.--Section 214(c) of 
the Immigration and Nationality Act (8 U.S.C. 1184(c)) is amended by 
adding at the end the following:
            ``(10) The Attorney General shall provide a process for 
        reviewing and acting upon petitions under the subsection with 
        respect to nonimmigrants described in section 101(a)(15)(R) 
        within 30 days after the date a completed petition has been 
        filed.''.
    (c) 60-Day Processing of Immigrants.--Section 204 of the 
Immigration and Nationality Act (8 U.S.C. 1154) is amended by adding at 
the end the following:
    ``(j) The Attorney General shall provide a process for reviewing 
and acting upon petitions under this section within 60 days after the 
date a completed petition has been filed under this section.''.
    (d) 90-Day Processing of Adjustment of Status Applications.--
Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) is 
amended by adding at the end the following new subsection:
    ``(l) The Attorney General shall provide a process for reviewing 
and acting upon petitions under this subsection within 90 days after 
the date a completed petition has been filed.''.
    (e) 90-Day Processing of Immigrant Visa Applications.--Section 222 
of the Immigration and Nationality Act (8 U.S.C. 1202) is amended by 
adding at the end the following new subsection:
    ``(h) The Secretary of State shall provide a process for reviewing 
and acting upon petitions under this section within 90 days after the 
date a completed application has been filed.''.
    (f) Reentry Permits.--Section 223 of the Immigration and 
Nationality Act (8 U.S.C. 1203) is amended by adding at the end the 
following new subsection:
    ``(f) Exception.--No permit shall be required for a permanent 
resident who is transferred abroad temporarily as a result of 
employment with a United States employer or its overseas parent, 
subsidiary, or affiliate.''.
    (g) Electronic Filing.--Not later than one year after the date of 
enactment of this Act, the Attorney General shall establish a 
demonstration project regarding the feasibility of electronic filing of 
petitions with respect to nonimmigrants described in section 101(a)(15) 
(H), (L), (O), (P)(i), or (R) of the Immigration and Nationality Act. 
The demonstration project shall utilize a representative number of 
employers who seek to employ those nonimmigrants. The demonstration 
project shall make provision for payment by the employer of related 
fees through the establishment of an account with the Immigration and 
Naturalization Service or through a credit card. Within 2 years of the 
date of enactment of this Act, the Attorney General shall consider the 
feasibility of offering electronic filing to all petitioners.''.
    (h) Report.--Section 214(c)(8) of the Immigration and Nationality 
Act (8 U.S.C. 1184(c)(8)) is amended by adding at the end the following 
new subparagraph:
            ``(F) The average processing time of each such type of 
        petition shall be reported annually and quarterly.''.
    (i) Effective Date.--The amendments made by this section shall take 
effect 6 months after the effective date of Title I.

SEC. 302. FUNDING ADJUDICATION AND NATURALIZATION SERVICES.

    Section 286(m) of the Immigration and Nationality Act (8 U.S.C. 
1356(m)) is amended--
            (1) by striking ``: Provided further,'' and all that 
        follows through ``immigrants.'' and inserting the following: 
        ``Each fee collected for the provision of an adjudication or 
        naturalization service may be used only to fund adjudication or 
        naturalization services or the costs of similar services 
        provided without charge to asylum or refugee applicants.''; and
            (2) by adding at the end the following new sentences: 
        ``Nothing in this subsection shall be construed to modify the 
        conditions specified in section 286(s) for the expenditure of 
        the proceeds for the fee authorized under section 214(c)(9). 
        There are authorized to be appropriated such sums as may be 
        necessary to carry out the provisions of section 207 through 
        209 of this Act.''.

SEC. 303. INCREASE IN BORDER PATROL AGENTS AND SUPPORT PERSONNEL.

    Section 101(a) of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 is amended by striking ``and 2001'' and 
inserting ``2001, 2002, 2003, and 2004''.
                                 <all>