Text: H.R.4499 — 102nd Congress (1991-1992)All Information (Except Text)

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HR 4499 IH
102d CONGRESS
2d Session
 H. R. 4499
To amend the Immigration and Nationality Act to designate special inquiry
officers as immigration judges and to provide for the compensation of
such judges.
IN THE HOUSE OF REPRESENTATIVES
March 18, 1992
Mr. ORTIZ (for himself,  Mr. MCGRATH, Mr. MANTON, Mr. HOCHBRUECKNER,
Mr. BERMAN, Mr. GREEN, Mr. HYDE, Mr. TOWNS, Mr. MRAZEK, Mr. SMITH of
Florida, Mr. GEREN, Mr. SARPALIUS, Ms. NORTON, Mr. LAGOMARSINO, Mr. MCCOLLUM,
Mr. HORTON, Ms. KAPTUR, Mr. DE LA GARZA, Mr. FROST, Mr. WEISS, Mr. SCHUMER,
Mr. BUSTAMANTE, and Mr. RANGEL) introduced the following bill; which was
referred to the Committee on the Judiciary
A BILL
To amend the Immigration and Nationality Act to designate special inquiry
officers as immigration judges and to provide for the compensation of
such judges.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
SECTION 1. DESIGNATION OF SPECIAL INQUIRY OFFICERS AS IMMIGRATION JUDGES.
  (a) IN GENERAL- Section 101(b)(4) of the Immigration and Nationality Act
  (8 U.S.C. 1101(b)(4)) is amended--
  (1) by striking `special inquiry officer' and `a special inquiry officer'
  each place either appears and inserting `immigration judge' and `an
  immigration judge', respectively; and
  (2) by adding at the end thereof the following new sentence: `Such term
  includes the Chief Attorney Examiner of the Board of Immigration Appeals
  (as such officer's functions are described in part 3 of title 8, Code of
  Federal Regulations, as of the date of enactment of this sentence) or any
  successor officer.'.
  (b) CONFORMING AMENDMENTS- Each of the following sections of the Immigration
  and Nationality Act is amended by  striking `A special inquiry officer',
  `a special inquiry officer', `special inquiry officer', and `special inquiry
  officers' each place each appears and inserting `An immigration judge',
  `a immigration judge', `immigration judge', and `immigration judges',
  respectively:
  (1) Section 209(a)(2) (8 U.S.C. 1159(a)(2)).
  (2) Section 234 (8 U.S.C. 1224).
  (3) Section 235 (8 U.S.C. 1225).
  (4) Section 236 (8 U.S.C. 1226).
  (5) Section 242(b) (8 U.S.C. 1252(b)).
  (6) Section 242B(d)(1) (8 U.S.C. 1252b(d)(1)).
  (7) Section 273(d) (8 U.S.C. 1323(d)).
  (8) Section 292 (8 U.S.C. 1362).
SEC. 2. COMPENSATION FOR IMMIGRATION JUDGES.
  (a) IN GENERAL- Title I of the Immigration and Nationality Act is amended
  by adding at the end thereof the following new section:
`COMPENSATION FOR IMMIGRATION JUDGES
  `SEC. 107. (a) IMMIGRATION JUDGE SCHEDULE- (1) For purposes of determining
  pay for immigration judges there shall be six rates of basic pay for
  immigration judges, under the Immigration Judge Schedule, the designation
  of which shall be `IJ', and each immigration judge shall be paid at one of
  those rates in accordance with the provisions of this section. Each rate
  shall be calculated as a percentage of the rate of basic pay designated
  as `ES-5', as established and adjusted by the President for the Senior
  Executive Service under section 5382 of title 5, United States Code.
  `(2) The `IJ' designation for each rate of basic pay under the Immigration
  Judge Schedule and that rate of basic pay expressed as a percentage of
  the ES-5 rate of basic pay are as follows:
  `(A) For IJ-1; 65 percent.
  `(B) For IJ-2; 70 percent.
  `(C) For IJ-3; 75 percent.
  `(D) For IJ-4; 80 percent.
  `(E) For IJ-5; 85 percent.
  `(F) For IJ-6; 90 percent.
  `(3)(A) Upon appointment to a position of immigration judge, an individual
  shall be paid at the rate of IJ-1, and shall be advanced successively to
  IJ-2, IJ-3, and IJ-4 upon completion of 52 weeks of service in the next
  lower rate, and to IJ-5 and IJ-6 upon completion of 104 weeks of service
  in the next lower rate.
  `(B) The Attorney General may provide for appointment of an immigration
  judge to a rate higher than IJ-1 under such circumstances as the Attorney
  General may determine appropriate.
  `(b) CONVERSION TO IMMIGRATION JUDGE SCHEDULE- Based upon the rules
  specified in subsection (a)(3), the Attorney General shall determine
  which of the rates of basic pay shall be paid to each immigration judge
  and shall classify immigration judge positions by the rate of basic pay
  under the Immigration Judge Schedule, except that the rate of basic pay
  for each such immigration judge shall, upon the date of enactment of this
  section, be at least equal to the rate which was payable to that individual
  immediately before such date.'.
  (b) AMENDMENT TO TABLE OF CONTENTS- The table of contents for the Immigration
  and Nationality Act is amended by inserting after the item relating to
  section 106 the following new item:
`Sec. 107. Compensation for immigration judges.'.
  (c) EFFECTIVE DATE- The amendments made by this section shall take effect
  30 days after the date of enactment of this Act.