[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''.
______