[Congressional Bills 105th Congress]
[From the U.S. Government Publishing 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>