I
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 Re-
form.
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 immi-
gration laws in accordance with the recommendations
of the United States Commission on Immigration Re-
form.
Be it enacted by the Senate and House of Representa-
tives 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 Im-
migration Review.
Sec. 6. Conforming provisions.
Sec. 7. Effective date; transition.
SEC. 2. ACTIVITIES WITHIN DEPARTMENT OF JUSTICE.
(a) ABOLITION OF INS.—The Immigration and Nat-
uralization Service and the office of Commissioner of Im-
migration and Naturalization are abolished.
(b) CONSOLIDATION OF BORDER PATROL, INSPEC-
TIONS, INVESTIGATIONS, AND REMOVAL AND RELATED
ENFORCEMENT FUNCTIONS WITHIN A BUREAU OF IMMI-
GRATION 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 Sen-
ate, 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, includ-
ing programs of parole or supervised release.
‘‘(D) Exclusion, deportation, and removal.
‘‘(E) Investigations, including investiga-
tions of immigration-related smuggling oper-
ations and document fraud.
‘‘(2) DELEGATION
OF
DETENTION
AUTHOR-
ITY.—Under regulations of the Attorney General,
the responsibilities of the Bureau relating to deten-
tion 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 uni-
formed 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, liai-
son with other law enforcement agencies, providing
strategic assessments, providing training and exper-
tise 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 enforce-
ment 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 es-
tablished to carry out section 112. Nothing in this sub-
section 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 Immi-
gration 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 IMMIGRA-
TION AND REFUGEE ADMISSIONS, ASYLUM AFFAIRS,
CITIZENSHIP, AND
PASSPORT
ACTIVITIES
IN
DE-
PARTMENT 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 Af-
fairs, an Assistant Secretary of State for Refugee Admis-
sions and Asylum Affairs, and an Assistant Secretary of
State for Citizenship and Passport Services. Such Assist-
ant Secretaries shall be in addition to such Assistant Sec-
retaries as are authorized under section 1(c) of the State
Department Basic Authorities Act of 1956.
‘‘(b) UNDER SECRETARY FOR CITIZENSHIP, IMMI-
GRATION, AND REFUGEE ADMISSIONS.—
‘‘(1) IN GENERAL.—Such Assistant Secretaries
shall be under the supervision and direction of an
Under Secretary of State for Citizenship, Immigra-
tion, and Refugee Admissions who—
‘‘(A) shall be appointed by the President,
by and with the advice and consent of the Sen-
ate, for a term of 5 years; and
‘‘(B) shall be compensated at the rate pro-
vided 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 ap-
pointed under subsection (a) shall perform functions
under the immigration laws relating to adjudication of ap-
plications for citizenship, immigration, and refugee status,
and related benefits, both within the United States and
abroad, issuance of appropriate documentation, and over-
seas 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 Im-
migration 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 des-
ignated by the Secretary of State’’,
(B) by striking ‘‘directly by the Attorney
General’’ and inserting ‘‘directly by the Sec-
retary 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 in-
serting ‘‘Secretary of State’’, and
(B) by inserting ‘‘and other services de-
scribed 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 National-
ity Act, as added by section 2(b) and as amended by sec-
tion 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 im-
migration laws relating to verification of employment
authorization under subsections (a)(1)(B), (a)(5),
and (b) of section 274A.
‘‘(2) ENFORCEMENT
AUTHORITY.—The Sec-
retary 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 concern-
ing 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 employ-
ment-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 admin-
istrative 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 sub-
stantial failure to meet the terms and conditions of
such attestations, labor certifications, and applica-
tions.
‘‘(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 IMMIGRA-
TION REVIEW.
(a) IN GENERAL.—Chapter 2 of title I of the Immi-
gration and Nationality Act, as added by section 2(b) and
as amended by sections 3(a) and 4(a), is amended by add-
ing 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 Im-
migration Review (in this section referred to as the ‘Agen-
cy’).
‘‘(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 Agen-
cy 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 immi-
gration judges that have responsibility to conduct proceed-
ings and make determinations pursuant to subparagraphs
(A) and (E) of subsection (e)(1).
‘‘(d) BOARD OF IMMIGRATION REVIEW AS APPEL-
LATE 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 re-
ferred to as the ‘Board’).
‘‘(2) APPOINTMENT OF CHAIRMAN AND VICE-
CHAIRMAN.—The Board shall be headed by a Chair-
man 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 re-
moval of aliens, including relief available in
those proceedings.
‘‘(B) Non-criminal fines and penalties im-
posed for violation of the immigration laws, in-
cluding mitigation of the fines and penalties.
‘‘(C) Denials (or revocations) of immigrant
visas, immigrant petitions, waivers of inadmis-
sibility for immigrants, labor certifications, and
adjustment of status to legal permanent resi-
dent status.
‘‘(D) Denials (or revocations) of non-
immigrant visas, nonimmigrant petitions, waiv-
ers relating to such visas or admission of non-
immigrants, and changes of status for non-
immigrants, 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 enact-
ment of this chapter.
‘‘(E) Applications for asylum under sec-
tions 208 and 235(b)(1)(B)(iii)(III) and with-
holding of removal under section 241(b)(3).
‘‘(F) Denials of applications for naturaliza-
tion 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 re-
sponsibility 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, with-
in the Department of Justice.
‘‘(B) The Board of Alien Labor Certifi-
cation Appeals within the Department of Labor.
‘‘(C) The Administrative Appeals Office
within the Immigration and Naturalization
Service.
‘‘(D) The Board of Appellate Review with-
in the Office of the Legal Adviser in the De-
partment of State, but only with respect to de-
terminations of loss of nationality or expatria-
tion and to decisions denying, revoking, restrict-
ing, 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 expand-
ing the jurisdiction of the immigration judges, the
Board of Immigration Appeals, Federal courts, or
other review mechanisms as of the date of the enact-
ment 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 modifica-
tion 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 Con-
gress.’’.
SEC. 6. CONFORMING PROVISIONS.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, any reference in law or regulation to the Com-
missioner of Immigration and Naturalization, to the Im-
migration and Naturalization Service, or the Adminis-
trator 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 provi-
sions of law to the extent such provisions are inconsistent
with the provisions of this chapter.
‘‘(b) NO APPLICATION TO ADMINISTRATION OF REF-
UGEE ASSISTANCE.—This chapter shall not affect the ad-
ministration 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 con-
forming 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 sec-
tion 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 sec-
tion 105 the following:
‘‘CHAPTER 2—ADMINISTRATION OF THE IMMIGRATION SYSTEM
‘‘Sec. 111. Immigration enforcement through a bureau for immigration enforce-
ment 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 APPROPRIA-
TIONS AND PERSONNEL.—
(1) IN GENERAL.—The personnel of the De-
partment 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 em-
ployed, 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 Ac-
counting Procedures Act of 1950, shall be trans-
ferred 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 Gov-
ernment 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 accord-
ance 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 po-
sition having duties comparable to the duties
performed immediately preceding such appoint-
ment 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 oth-
erwise 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, per-
mits, agreements, grants, contracts, certificates, li-
censes, registrations, privileges, and other adminis-
trative 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 perform-
ance 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 ef-
fective 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 re-
voked in accordance with law by the President, or
other authorized official, a court of competent juris-
diction, or by operation of law.
(2) PENDING
PROCEEDINGS.—(A) The provi-
sions of any amendment made by this Act shall not
affect any proceedings, including notices of proposed
rulemaking, or any application for any license, per-
mit, certificate, or financial assistance pending on
the effective date of any provision before any depart-
ment, agency, commission, or component thereof,
functions of which are transferred by any amend-
ment. Such proceedings and applications, to the ex-
tent 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 pro-
hibit 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 Depart-
ments is authorized to promulgate regulations pro-
viding for the orderly transfer of proceedings contin-
ued under this paragraph with respect to such De-
partment.
(3) NO EFFECT ON JUDICIAL PROCEEDINGS.—
Except as provided in paragraph (5)—
(A) the provisions of this Act shall not af-
fect 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 in-
dividual as an officer of any department or agency,
functions of which are transferred by any amend-
ment 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 enact-
ment of this Act.
(5) CONTINUATION OF PROCEEDING WITH SUB-
STITUTION
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 ap-
propriate official substituted or added as a party.
(6) REVIEWABILITY OF ORDERS AND ACTIONS
UNDER TRANSFERRED FUNCTIONS.—Orders and ac-
tions of the Attorney General or other Federal offi-
cial 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, exercis-
ing such functions immediately preceding their
transfer. Any statutory requirements relating to no-
tice, hearings, action upon the record, or administra-
tive review that apply to any function transferred by
any such amendment shall apply to the exercise of
such function by the appropriate Federal official.
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