[Congressional Record Volume 145, Number 114 (Thursday, August 5, 1999)]
[Senate]
[Pages S10487-S10493]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. ABRAHAM (for himself, Mr. Kennedy, and Mr. Hagel):
  S. 1563. A bill to establish the Immigration Affairs Agency within 
the Department of Justice, and for other purposes; to the Committee on 
the Judiciary.


               ins reform and border security act of 1999

  Mr. ABRAHAM. Mr. President, I rise to introduce the INS Reform and 
Border Security Act. Today, there is widespread agreement that the 
Immigration and Naturalization Service does not handle either its 
service or its law enforcement functions well. On the enforcement side, 
the INS has shown an inability to recruit, hire, and retain the Border 
Patrol agents mandated by Congress. The agency's detention policies are 
at best inconsistent. Its computer systems and methods for tracking and 
deporting criminal aliens has proven inadequate. And the list could 
continue. On the service side, the situation is similarly troubling. 
Stories of lost files, misplaced fingerprints, and broken-hearted 
applicants are far too common. Congressional offices are overwhelmed 
with the number of requests from constituents seeking help with their 
cases at INS. The INS is generally unable to update an individual on 
the status of his or her case. Any the backlogs have become so lengthy 
at the INS that few can anticipate action on their case, whether for 
citizenship or adjustment of status, within 18 months. The system is 
broken.
  In the February 1999 Government Performance Project report, 
administered by the Syracuse University, the INS came in dead last 
among 15 federal agencies. INS received an overall grade of C-, while 
gathering grades of D in both management and human resources, and C in 
information technology. These grades were perhaps generous. A DOJ 
Inspector General report recently concluded that the INS ``still does 
not adequately manage'' its computer system and expressed concerns that 
much money has been wasted on an $800 million computer system.
  The current structure of the INS--concentrated in District Offices 
around the country that combine service and enforcement functions--is a 
cause of a number of its problems. These offices are run by District 
Directors who are not required to have law enforcement backgrounds. 
Moreover, they can hold their posts for 15 years or more, resulting in 
``fiefdoms'' that make it difficult to improve service or enforcement, 
or for headquarters to receive adherence from the field for policy 
changes. By combining the service and enforcement functions in one 
entity, the agency has taken on dual missions that in many ways are 
incompatible. Serious problems have resulted in expecting the INS to be 
the good service provider by day in facilitating legal immigration and 
naturalization, and the tough ``cop'' by night combating illegal 
immigration and criminal aliens. This is a point I made in my first 
speech as chairman of the immigration subcommittee and it remains my 
view today. Permitting the INS to move forward with its current 
structure and organization only ensures an endless recurrence of the 
same problems we have seen for years at the agency.
  The INS Reform and Border Security Act would represent fundamental 
change. It would eliminate the Immigration and Naturalization Service. 
The legislation will create a new Immigration Affairs Agency within the 
Justice Department, led by an Associate Attorney General for 
Immigration Affairs, that will contain two separate bureaus--The Bureau 
of Immigration Service and Adjudication (BISA) and the Bureau of 
Enforcement and Border Affairs (BEBA). This will allow for concentrated 
effort and personnel devoted to improving their respective service and 
enforcement functions. Inspections, which has a combined service and 
enforcement function, will be a separate entity within the Immigration 
Affairs Agency.
  The legislation would also increase accountability by creating three 
Senate-confirmed positions, one each for the Associate Attorney General 
for Immigration Affairs, the Director of the Service Bureau and the 
Director of the Enforcement Bureau. The bill would also create the 
position of Chief Financial Officer in both the Service and Enforcement 
bureaus, creating additional fiscal accountability.

  The bill will ensure the coordination of important functions. 
Specifically, by ensuring that an Associate Attorney General for 
Immigration Affairs will be in charge, the formulation and coordination 
of policy between the Service and Enforcement Bureaus will take place. 
There is a risk that without an individual charged with policy 
coordination, policy anarchy could ensue.
  The legislation will provide for enhanced enforcement of our 
immigration laws. Separating out enforcement will help ensure that 
enforcement is sufficiently supported and that individuals overseeing 
enforcement functions possess a law enforcement background. Moreover, 
the bill would move the Enforcement Bureau toward the best practices of 
the Federal Bureau of Investigation, which is considered a more 
effective law enforcement entity than the current INS. The FBI is 
successful in coordinating activities between the central office and 
field offices and in supporting agents in the fields, which are vital 
for sound law enforcement. Finally, the bill would require the addition 
of 1,000 more border patrol in fiscal years 2002, 2003, and 2004.
  The INS Reform and Border Security Act should result in important 
service improvements. Separating service and enforcement will help 
ensure that those individuals working in the service side understand 
their jobs to include the fair, equitable, accurate, and courteous 
service. In fact, the legislation requires that all employee 
evaluations include the fair and equitable treatment of immigrants as a 
top priority. The legislation creates the Office of the Ombudsman, 
which will assist individuals in resolving service or case problems and 
identify and propose changes in the Service Bureau to improve service. 
The Ombudsman can appoint local representatives to resolve serious 
service breakdowns. In addition, the legislation models the Service 
Bureau's organization on the Social Security Administration by creating 
regional commissioners and area directors charged with service 
implementation. The bill would place statutory time limits on the 
processing of temporary visas and visas for permanent residence and 
seeks to ensure that services are adequately funded.

[[Page S10488]]

  To improve the culture of employees, the bill includes a series of 
measures, including employee buyouts and the ability to bring in 
outside management executives, that are modeled on those passed by 
Congress in the 1998 IRS reform bill.
  The legislation has already achieved a great consensus, having been 
endorsed by the U.S. Border Patrol Chief Patrol Agent's Association, 
the Federal Law Enforcement Officers Association, the American 
Immigration Lawyers Association, the Hebrew Immigrant Aid Society, and 
other organizations.
  In particular, I would like to thank my cosponsors Senators Kennedy 
and Hagel for working with on this important piece of legislation. I 
ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1563

       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--

[[Page S10489]]

       (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.--

[[Page S10490]]

       (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

[[Page S10491]]

     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;

[[Page S10492]]

       ``(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 Affairs 
    Agency.................................................9601.''.....

     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;

[[Page S10493]]

       (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''.
                                 ______