H.R.3904 - Immigration Reform and Improvements Act of 1998105th Congress (1997-1998)
Text: H.R.3904 — 105th Congress (1997-1998)
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Introduced in House (05/20/1998)
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[Congressional Bills 105th Congress] [From the U.S. Government Printing Office] [H.R. 3904 Introduced in House (IH)] 105th CONGRESS 2d Session H. R. 3904 To amend the Immigration and Nationality Act to improve the administrative structure for carrying out the immigration laws in accordance with the recommendations of the United States Commission on Immigration Reform. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 20, 1998 Mr. Rogers introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To amend the Immigration and Nationality Act to improve the administrative structure for carrying out the immigration laws in accordance with the recommendations of the United States Commission on Immigration Reform. 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 ``Immigration Reform and Improvements Act of 1998''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Activities within Department of Justice. Sec. 3. Activities within Department of State. Sec. 4. Activities within Department of Labor. Sec. 5. Consolidation of review activities within an independent Agency for Immigration Review. Sec. 6. Conforming provisions. Sec. 7. Effective date; transition. SEC. 2. ACTIVITIES WITHIN DEPARTMENT OF JUSTICE. (a) Abolition of INS.--The Immigration and Naturalization Service and the office of Commissioner of Immigration and Naturalization are abolished. (b) Consolidation of Border Patrol, Inspections, Investigations, and Removal and Related Enforcement Functions Within a Bureau of Immigration Enforcement.--Title I of the Immigration and Nationality Act is amended-- (1) by inserting the following after the heading to the title: ``Chapter 1--Definitions and General Authorities''; and (2) by adding at the end the following new chapter: ``Chapter 2--Administration of Immigration System ``immigration enforcement through a bureau for immigration enforcement in department of justice ``Sec. 111. (a) Establishment of Bureau.--There is hereby established in the Department of Justice the Bureau for Immigration Enforcement. ``(b) Director.-- ``(1) Appointment.--The head of such Bureau shall be the Director for Immigration Enforcement, who-- ``(A) shall be appointed by the President, by and with the advice and consent of the Senate, for a term of 5 years; and ``(B) shall report directly to the Attorney General. ``(2) Compensation.--The Director shall be paid at the rate of basic pay payable for level II of the Executive Schedule. ``(c) Functions.-- ``(1) In general.--The Bureau shall perform functions under the immigration laws relating to the following: ``(A) Prevention of illegal entry. ``(B) Inspection at ports of entry. ``(C) Apprehension and detention, including programs of parole or supervised release. ``(D) Exclusion, deportation, and removal. ``(E) Investigations, including investigations of immigration-related smuggling operations and document fraud. ``(2) Delegation of detention authority.--Under regulations of the Attorney General, the responsibilities of the Bureau relating to detention of aliens may be delegated to the United States Marshal's Service, the Director of the Bureau of Prisons, or both. ``(d) Classes of Officers.--The activities of the Bureau shall be conducted through the following separate units: ``(1) Uniformed enforcement unit.--A uniformed enforcement unit that has responsibility for detection, apprehension, and removal activities at land, sea, and air ports of entry, between land ports of entry on the border, and in the interior (when uniformed officers are needed). ``(2) Investigations unit.--An investigations unit consisting of officers that has responsibility for the apprehension and removal of aliens. ``(3) Intelligence unit.--An intelligence unit that has responsibility for gathering intelligence, liaison with other law enforcement agencies, providing strategic assessments, providing training and expertise on fraud, information about smuggling networks and tactical support to the uniformed enforcement unit and the investigations unit. ``(4) Assets forfeiture unit.--An assets forfeiture unit that has responsibility for enforcing assets forfeiture. ``(5) Probation unit.--A probation unit that has responsibility for probation functions in the case of aliens in supervised release programs, both before and after removal proceedings. ``(6) Trial attorney unit.--A trial attorney that has responsibility for performing prosecutorial functions of the Bureau. ``(e) Field Offices.--The Bureau shall conduct its enforcement activities through field offices. The location of such offices shall be determined based upon the enforcement priorities of the Bureau and without regard to the location of previous district offices of the Immigration and Naturalization Service or the location of service offices established to carry out section 112. Nothing in this subsection shall be construed as preventing the Bureau from continuing the use of regional offices for administrative and managerial oversight of field offices.''. SEC. 3. ACTIVITIES WITHIN DEPARTMENT OF STATE. (a) In General.--Chapter 2 of title I of the Immigration and Nationality Act, as added by section 2(b), is amended by adding at the end the following new section: ``performance of functions related to immigration and refugee admissions, asylum affairs, citizenship, and passport activities in department of state ``Sec. 112. (a) Assistant Secretaries of State.--There shall be appointed in the Department of State an Assistant Secretary of State for Immigration Affairs, an Assistant Secretary of State for Refugee Admissions and Asylum Affairs, and an Assistant Secretary of State for Citizenship and Passport Services. Such Assistant Secretaries shall be in addition to such Assistant Secretaries as are authorized under section 1(c) of the State Department Basic Authorities Act of 1956. ``(b) Under Secretary for Citizenship, Immigration, and Refugee Admissions.-- ``(1) In general.--Such Assistant Secretaries shall be under the supervision and direction of an Under Secretary of State for Citizenship, Immigration, and Refugee Admissions who-- ``(A) shall be appointed by the President, by and with the advice and consent of the Senate, for a term of 5 years; and ``(B) shall be compensated at the rate provided for at level III of the Executive Schedule under section 5314 of title 5, United States Code. ``(2) Relation to other authority.--Such Under Secretary shall be in addition to such Under Secretaries as are authorized under section 1(b) of the State Department Basic Authorities Act of 1956. ``(c) Functions.--The Assistant Secretaries appointed under subsection (a) shall perform functions under the immigration laws relating to adjudication of applications for citizenship, immigration, and refugee status, and related benefits, both within the United States and abroad, issuance of appropriate documentation, and overseas citizens services, and related anti-fraud activities. ``(d) Review of Decisions.-- ``(1) In general.--The Secretary of State shall establish by regulation procedures for internal review of decisions of consular and other officers in granting, refusing, or revoking visas, adjustment or change in immigration status, and naturalization. ``(2) Construction.--Paragraph (1) shall not be construed as authorizing the Secretary of State to reverse or modify decisions of the Agency for Immigration Review.''. (b) Funding.--Section 286 of such Act (8 U.S.C. 1356) is amended-- (1) in subsection (m)-- (A) by striking ``as are designated by the Attorney General'' and inserting ``as are designated by the Secretary of State'', (B) by striking ``directly by the Attorney General'' and inserting ``directly by the Secretary of State, the Attorney General,'', and (C) by striking ``by the Attorney General'' after ``received''; (2) in subsection (n)-- (A) by striking ``Attorney General'' and inserting ``Secretary of State'', and (B) by inserting ``and other services described in section 112(c)'' after ``naturalization services''; and (3) in subsection (o), by striking ``Attorney General'' and inserting ``Secretary of State''. SEC. 4. ACTIVITIES WITHIN DEPARTMENT OF LABOR. Chapter 2 of title I of the Immigration and Nationality Act, as added by section 2(b) and as amended by section 3(a), is amended by adding at the end the following new section: ``responsibilities of department of labor ``Sec. 113. (a) Responsibility for Verification-Related Enforcement.-- ``(1) In general.--The Secretary of Labor is responsible for enforcement of provisions of the immigration laws relating to verification of employment authorization under subsections (a)(1)(B), (a)(5), and (b) of section 274A. ``(2) Enforcement authority.--The Secretary of Labor is authorized to impose penalties under section 274A(e)(5) for violations of section 274A(a)(1)(B). ``(3) Notice.--The Secretary of Labor shall notify the Director of the Bureau for Immigration Enforcement of any information discovered concerning a violation of section 274A(a)(1)(A). ``(b) Responsibility for Enforcement of Terms and Conditions of Employment.-- ``(1) In general.--The Secretary of Labor shall monitor employers' fulfillment of terms and conditions of attestations, labor certifications, and other applications filed in compliance with employment-related requirements for the admission of aliens under the immigration laws, including under subparagraphs (H), (L), (O), (P), and (Q) of section 101(a)(15) and under section 203(b). ``(2) Authority to impose administrative fines.--The Secretary of Labor may assess administrative fines against those found to have violated the terms and conditions of such attestations, labor certifications, and applications. ``(3) Notice.--The Secretary of Labor shall notify the Secretary of State of any finding of a substantial failure to meet the terms and conditions of such attestations, labor certifications, and applications. ``(c) Construction.--Nothing in this section shall be construed as affecting the administration of section 274B (relating to unfair immigration-related employment practices).''. SEC. 5. CONSOLIDATION OF REVIEW ACTIVITIES WITHIN AN INDEPENDENT AGENCY FOR IMMIGRATION REVIEW. (a) In General.--Chapter 2 of title I of the Immigration and Nationality Act, as added by section 2(b) and as amended by sections 3(a) and 4(a), is amended by adding at the end the following new section: ``agency for immigration review ``Sec. 114. (a) Establishment.--There is hereby established as an independent agency the Agency for Immigration Review (in this section referred to as the `Agency'). ``(b) Administrative Organization.-- ``(1) Director.--There shall be a Director of the Agency who is appointed by the President, by and with the advice and consent of the Senate for a term of 5 years. Such Director shall be responsible for the general supervision and coordination of the work of the Agency. ``(2) Administrative structure.--The Agency shall consist of a trial division, an appellate board, and such other divisions or offices as may be necessary to carry out its responsibilities. ``(c) Immigration Judges as Trial Division.--Within the trial division of the Agency there shall be immigration judges that have responsibility to conduct proceedings and make determinations pursuant to subparagraphs (A) and (E) of subsection (e)(1). ``(d) Board of Immigration Review as Appellate Board.-- ``(1) In general.--Within the Agency there shall be an appellate board to be known as the Board of Immigration Review (in this section referred to as the `Board'). ``(2) Appointment of chairman and vice-chairman.--The Board shall be headed by a Chairman and a Vice-Chairman, each appointed by the President for a term of 10 years. The Chairman shall be responsible for activities of the Board and the Vice- Chairman shall act in such cases as the Chairman provides. ``(e) Jurisdiction.-- ``(1) In general.--The Agency shall hear and make determinations in cases and appeals relating to the following: ``(A) Bond, exclusion, deportation, and removal of aliens, including relief available in those proceedings. ``(B) Non-criminal fines and penalties imposed for violation of the immigration laws, including mitigation of the fines and penalties. ``(C) Denials (or revocations) of immigrant visas, immigrant petitions, waivers of inadmissibility for immigrants, labor certifications, and adjustment of status to legal permanent resident status. ``(D) Denials (or revocations) of nonimmigrant visas, nonimmigrant petitions, waivers relating to such visas or admission of nonimmigrants, and changes of status for nonimmigrants, but only in cases in which there is a United States petitioner applying on behalf of the alien or as otherwise provided by law or regulation as in effect on the date of the enactment of this chapter. ``(E) Applications for asylum under sections 208 and 235(b)(1)(B)(iii)(III) and withholding of removal under section 241(b)(3). ``(F) Denials of applications for naturalization and revocations of naturalization. ``(2) Assumption of authority of certain entities.--The Agency also shall hear and make determinations concerning matters that (as of the date of the enactment of this chapter) were the responsibility of any of the following: ``(A) The Executive Office of Immigration Review, including the Board of Immigration Appeals, Immigration Judges, and the Office of the Chief Administrative Hearing Officer, within the Department of Justice. ``(B) The Board of Alien Labor Certification Appeals within the Department of Labor. ``(C) The Administrative Appeals Office within the Immigration and Naturalization Service. ``(D) The Board of Appellate Review within the Office of the Legal Adviser in the Department of State, but only with respect to determinations of loss of nationality or expatriation and to decisions denying, revoking, restricting, or invalidating a passport. ``(E) Immigration officers authorized to hear denials of naturalization applications under section 336. ``(3) Construction.--Nothing in this section shall be construed as restricting, limiting, or expanding the jurisdiction of the immigration judges, the Board of Immigration Appeals, Federal courts, or other review mechanisms as of the date of the enactment of this chapter or as changing the process for review of visa denials by consular officials. ``(4) Decisions of agency.--Decisions of the Agency shall not be subject to reversal or modification by the Attorney General, Secretary of State, Secretary of Labor, or otherwise except as a result of judicial review by a Federal court or Act of Congress.''. SEC. 6. CONFORMING PROVISIONS. (a) In General.--Notwithstanding any other provision of law, any reference in law or regulation to the Commissioner of Immigration and Naturalization, to the Immigration and Naturalization Service, or the Administrator described in section 104(b) of the Immigration and Nationality Act with respect to a function or authority shall be deemed a reference to the appropriate entity which has such function or authority under chapter 2 of title I of the Immigration and Nationality Act, as amended by this Act. (b) Superseding Other Provisions of Law.--Chapter 2 of title I of the Immigration and Nationality Act, as added by this Act, is amended by adding at the end the following: ``relationship to other provisions ``Sec. 115. (a) In General.--The provisions of this chapter supersede sections 103 and 104 and other provisions of law to the extent such provisions are inconsistent with the provisions of this chapter. ``(b) No Application to Administration of Refugee Assistance.--This chapter shall not affect the administration of title IV of this Act.''. (c) Submission of Legislative Proposal for Technical and Conforming Amendments.--Not later than 90 days after the date of the enactment of this Act, the Attorney General, in consultation with the Secretaries of State and Labor and, as appropriate, with the heads of other Federal agencies, shall submit to the Congress, a legislative proposal proposing such technical and conforming amendments to the Immigration and Nationality Act and other immigration-related laws as are necessary to bring the law into conformity with the policies embodied in this Act. (d) Clerical Amendments.--The table of contents of the Immigration and Nationality Act is amended-- (1) by inserting before the item relating to section 101 the following: ``Chapter 1--Definitions and General Authorities''; (2) by amending the item relating to section 103 to read as follows: ``Sec. 103. Powers and duties of the Attorney General.''; and (3) by inserting after the item relating to section 105 the following: ``Chapter 2--Administration of the Immigration System ``Sec. 111. Immigration enforcement through a bureau for immigration enforcement in Department of Justice. ``Sec. 112. Performance of refugee admissions, asylum affairs, citizenship, and passport activities in Department of State. ``Sec. 113. Responsibilities of Department of Labor. ``Sec. 114. Agency for Immigration Review. ``Sec. 115. Relationship to other provisions.''. SEC. 7. EFFECTIVE DATE; TRANSITION. (a) Effective Date.--Except as provided in this section, this Act, and the amendments made by this Act, shall take effect on October 1, 1999. (b) Transfer and Allocation of Appropriations and Personnel.-- (1) In general.--The personnel of the Department of Justice or other agency employed in connection with the functions transferred by this Act, 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 such Department or agency in connection with the functions transferred by this Act, subject to section 202 of the Budget and Accounting Procedures Act of 1950, shall be transferred to the entity to which such funds are so transferred for appropriate allocation by the head of such entity. Unexpended funds transferred pursuant to this paragraph shall be used only for the purposes for which the funds were originally authorized and appropriated. (2) Effect on personnel.-- (A) In general.--The transfer under this Act of full-time personnel (except special Government employees) and part-time personnel holding permanent positions shall not cause any such employee to be separated or reduced in grade or compensation, if at all, for 1 year after the date of the transfer. (B) Executive schedule.--Any person who, on the day preceding the effective date of this Act, held a position compensated in accordance with the Executive Schedule prescribed in chapter 53 of title 5, United States Code, and who, without a break in service, is appointed in to an agency established under this Act to a position having duties comparable to the duties performed immediately preceding such appointment shall continue to be compensated in such new position at not less than the rate provided for such previous position, for the duration of the service of such person in such new position. (c) Delegation and Assignment.--Except as otherwise expressly prohibited by law or otherwise provided in this Act, an official to whom functions are transferred under this Act (including the head of any office to which functions are transferred under this Act) may delegate any of the functions so transferred to such officers and employees of the office of the official as the official may designate, and may authorize successive redelegations of such functions as may be necessary or appropriate. No delegation of functions under this section or under any other provision of this Act shall relieve the official to whom a function is transferred under this Act of responsibility for the administration of the function. (d) Savings Provisions.-- (1) Continuing legal force and effect.--All orders, determinations, rules, regulations, permits, agreements, grants, contracts, certificates, licenses, registrations, privileges, and other administrative actions-- (A) that have been issued, made, granted, or allowed to become effective by the President, any Federal agency or official thereof, or by a court of competent jurisdiction, in the performance of functions that are transferred under any amendment made by this Act; and (B) that are in effect at the time such transfer takes effect, or were final before the effective date of such transfer and are to become effective on or after the effective date of such transfer, shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, or other authorized official, a court of competent jurisdiction, or by operation of law. (2) Pending proceedings.--(A) The provisions of any amendment made by this Act shall not affect any proceedings, including notices of proposed rulemaking, or any application for any license, permit, certificate, or financial assistance pending on the effective date of any provision before any department, agency, commission, or component thereof, functions of which are transferred by any amendment. Such proceedings and applications, to the extent that they relate to functions so transferred, shall be continued. (B) 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. Orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by the authorized Federal official, by a court of competent jurisdiction, or by operation of law. (C) Nothing in this Act shall be deemed 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 Act had not been enacted. (D) The head of each of the Federal Departments is authorized to promulgate regulations providing for the orderly transfer of proceedings continued under this paragraph with respect to such Department. (3) No effect on judicial proceedings.--Except as provided in paragraph (5)-- (A) the provisions of this Act shall not affect suits commenced prior to the effective date of this Act, and (B) in all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and effect as if this Act had not been enacted. (4) Nonabatement of proceedings.--No suit, action, or other proceeding commenced by or against any officer in the official capacity of such individual as an officer of any department or agency, functions of which are transferred by any amendment made by this Act, shall abate by reason of the enactment of this Act. No cause of action by or against any department or agency, functions of which are transferred by any such amendment, or by or against any officer thereof in the official capacity of such officer shall abate by reason of the enactment of this Act. (5) Continuation of proceeding with substitution of parties.--If, before the date on which any amendment made by this Act takes effect, any department or agency, or officer thereof in the official capacity of such officer, is a party to a suit, and under this Act any function of such department, agency, or officer is transferred to another official, then such suit shall be continued with the other appropriate official substituted or added as a party. (6) Reviewability of orders and actions under transferred functions.--Orders and actions of the Attorney General or other Federal official Secretary in the exercise of functions transferred under any amendment made by this Act shall be subject to judicial review to the same extent and in the same manner as if such orders and actions had been by the agency or office, or part thereof, exercising such functions immediately preceding their transfer. Any statutory requirements relating to notice, hearings, action upon the record, or administrative review that apply to any function transferred by any such amendment shall apply to the exercise of such function by the appropriate Federal official. <all>