IMMIGRATION JUDGES AND COMPENSATION.

SEC. 371. IMMIGRATION JUDGES AND COMPENSATION. (a) Definition of Term.— Paragraph (4) of section 101(b) (8 U.S.C. 1101(b)) is amended to read as follows: “(4) The term ‘immigration judge’ means an attorney whom the Attorney General appoints as an administrative judge within the Executive Office for Immigration Review, qualified to conduct specified classes of proceedings, including a hearing under section 240. An immigration judge shall be subject to such supervision and shall perform such duties as the Attorney General shall prescribe, but shall not be employed by the Immigration and Naturalization Service.”. (b) Substitution for Term “Special Inquiry Officer”.— The Immigration and Nationality Act is amended by striking “a special inquiry officer”, “A special inquiry officer”, “special inquiry officer”, and “special inquiry officers” and inserting “an immigration judge”, “An immigration judge”, “immigration judge”, and “immigration judges”, respectively, each place it appears in the following sections: (1) Section 106(a)(2) (8 U.S.C!. 1105a(a)(2)), before its repeal by section 306(c) of this division. (2) Section 209(a)(2) (8 U.S.C. 1159(a)(2)). (3) Section 234 (8 U.S.C. 1224), before redesignation by section 308(b) of this division. (4) Section 235 (8 U.S.C. 1225), before amendment by section 302(a) of this division. (5) Section 236 (8 U.S.C. 1226), before amendment by section 303 of this division. (6) Section 242(b) (8 U.S.C. 1252(b)), before amendment by section 306(a)(2) of this division. (7) Section 242B(d)(1) (8 U.S.C. 1252b(d)(D), before repeal by section 306(b)(6) of this division. (8) Section 273(d) (8 U.S.C. 1323(d)), before its repeal by section 308(e)(13) of this division. (9) Section 292 (8 U.S.C. 1362). (c) Compensation for Immigration Judges.— 110 STAT. 3009–646 (1) In general.— There shall be four levels of pay for immigration judges, under the Immigration Judge Schedule (designated as IJ–1, 2, 3, and 4, respectively), and each such judge shall be paid at one of those levels, in accordance with the provisions of this subsection. (2) Rates of pay.— (A) The rates of basic pay for the levels established under paragraph (1) shall be as follows: IJ–1 70% of the next to highest rate of basic pay for the Senior Executive Service IJ–2 80% of the next to highest rate of basic pay for the Senior Executive Service IJ–3 90% of the next to highest rate of basic pay for the Senior Executive Service IJ–4 92% of the next to highest rate of basic pay for the Senior Executive Service. (B) Locality pay, where applicable, shall be calculated into the basic pay for immigration judges. (3) Appointment.— (A) Upon appointment, an immigration judge shall be paid at IJ–1, and shall be advanced to IJ–2 upon completion of 104 weeks of service, to IJ–3 upon completion of 104 weeks of service in the next lower rate, and to IJ–4 upon completion of 52 weeks of service in the next lower rate. (B) Notwithstanding subparagraph (A), the Attorney General may provide for appointment of an immigration judge at an advanced rate under such circumstances as the Attorney General may determine appropriate. (4) Transition.— Immigration judges serving as of the effective date shall be paid at the rate that corresponds to the amount of time, as provided under paragraph (3)(A), that they have served as an immigration judge, and in no case shall be paid less after the effective date than the rate of pay prior to the effective date. (d) Effective Dates.— (1) Subsections (a) and (b) shall take effect on the date of the enactment of this Act. (2) Subsection (c) shall take effect 90 days after the date of the enactment of this Act.