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.102nd Congress (1991-1992)
|Sponsor:||Rep. Ortiz, Solomon P. [D-TX-27] (Introduced 03/18/1992)|
|Committees:||House - Judiciary|
|Latest Action:||House - 06/11/1992 Executive Comment Requested from Justice. (All Actions)|
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Text: H.R.4499 — 102nd Congress (1991-1992)All Information (Except Text)
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- Bill and resolution texts for 1989-1992 (101st-102nd Congresses) predate authenticated digital publishing.
Introduced in House
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.