Application date; transitional provisions

(a) Application date The United States Immigration Courts may not begin to exercise the functions of the courts under this Act and the amendments made by section 2 until on or after the date (referred to in this section and in section 7 as the application date)— (1) that is— (A) the first day of the first full fiscal year after the date of the enactment of this Act, if such date is 180 days or more after such date of enactment; or (B) the first day of the second full fiscal year after the date of the enactment of this Act, if the first day of the first full fiscal year after such date of enactment is less than 180 days after such date of enactment; and (2) on which 3 or more immigration appeals judges have been duly appointed by the President, in accordance with procedures set forth in subsection (c) and in section 601(b)(2) of the Immigration and Nationality Act, as added by section 2(a). (b) Transition period and appointment of interim immigration trial judges (1) Defined term In this section, the term transition period means the 4-year period beginning on the application date. (2) Interim immigration trial judges (A) In general Each individual serving as an immigration judge in the Executive Office for Immigration Review on the day before the application date shall be redesignated as an interim immigration trial judge on such date. (B) Authority of interim immigration trial judges Interim immigration trial judges are authorized to exercise all of the powers of an immigration trial judge provided under title VI of the Immigration and Nationality Act, as added by section 2(a). (C) Term of service An interim immigration trial judge may serve until the earlier of— (i) the first date on which— (I) the transition period has ended; and (II) a successor has been appointed; or (ii) the date that is 5 years after the application date. (D) Appointment An otherwise qualified interim immigration trial judge may be appointed as an immigration trial judge. (E) Credit and eligibility for benefits Service as an interim immigration trial judge shall be included in the same manner as service as an immigration trial judge for purposes of calculating service credit, retirement eligibility, and disability. (F) Separation Nothing in this Act or in the amendments made by this Act may be construed— (i) to preclude an interim immigration trial judge who is not appointed for a term appointment by the appellate division pursuant to section 601(c)(2) of the Immigration and Nationality Act, as added by section 2(a), from eligibility for appointment as an administrative judge, an administrative law judge, or an attorney position in a Federal agency; or (ii) to make a judge described in clause (i) ineligible for early retirement under section 8336(d)(2)(D) or 8414(b)(1)(B) of title 5, United States Code. (c) First appointments to the United States Immigration Courts (1) Appellate division (A) In general Notwithstanding section 601(b)(2)(B) of the Immigration and Nationality Act, as added by section 2(a), of the first 21 immigration appeals judges appointed pursuant to section 601(b)(2)(A) of such Act— (i) the terms of the first 7 such judges so appointed shall terminate on the date that is 5 years after the application date; (ii) the terms of the next 7 such judges so appointed shall terminate on the date that is 10 years after the application date; and (iii) the terms of the last 7 such judges so appointed shall terminate on the date that is 15 years after the application date. (B) Succession Each immigration appeals judge described in subparagraph (A) may continue to serve after the expiration of his or her initial designated term if such judge is reappointed in accordance with section 601(b)(2)(B) of the Immigration and Nationality Act, as added by section 2(a). (2) Trial division Not later than 180 days before the last day of the transition period, the appellate division shall establish procedures and requirements related to the appointment of immigration trial judges. (3) Clarification Notwithstanding paragraphs (1) and (2) and section 601 of the Immigration and Nationality Act, as added by section 2(a), any individual appointed to fill an immigration trial judge vacancy during the transition period shall serve until the earlier of— (A) the first date on which— (i) the transition period has ended; and (ii) a successor has been appointed in accordance with section 602 of the Immigration and Nationality Act, as added by section 2(a); or (B) the date that is 1 year after the last day of the transition period. (d) Prior service credit (1) Defined term In this subsection, the term covered immigration judge means— (A) an immigration appeals judge appointed pursuant to section 601(b) of the Immigration and Nationality Act, as added by section 2(a); (B) an immigration trial judge appointed pursuant to section 601(c) of the Immigration and Nationality Act, as added by section 2(a); or (C) an interim immigration trial judge redesignated as such pursuant to subsection (b)(2)(A). (2) Computation of years of service The period during which a covered immigration judge who elects to receive retired pay under section 602(i)(1) of the Immigration and Nationality Act, as added by section 2(a), serves as a member of the Board of Immigration Appeals, an immigration judge, or an administrative law judge in the Executive Office for Immigration Review of the Department of Justice, shall be included (up to a maximum of 5 years) in the service of such individual on the Immigration Courts for purposes of computing the years of service as an immigration judge.