Speech #900026985

The bill will be received and appropriately referred. and. without objection. the bill will be printed in the RECORD. The bill to establish a Board of Visa Appeals with jurisdiction to review determinations of consular officers and immigration officers refusing or revoking the issuance of nonimmigrant or immigrant visas or refusing the granting of conditional entries to aliens outside the United States. introduced by Mr. FONG. was received. read twice by its title. referred to the Committee on the Judiciary. and ordered to be printed in the RECORD. as follows: S. 1287 Be it enacted by the Senate and House o Representatives of the United States of America in Congress assembled. That (a) there Is hereby created a Board to be known as the Board of Visa Appeals (hereafter referred to as the "Board"). whichshall be composed of five members. who shall be appointed by the President by and with the advice and consent of the Senate. One of the original members shall be appointed for a term of one year. one for a term of two years. one for a term of three years. one for a term of four years. and one for a term of five years. beginning from the date of enactment of this Act. but their successors shall be appointed for terms of five years each. except that any individual chosen to fill a vacancy shall be appointed only for the unexpired term of the member whom he shall succeed. (b) The President shall designate one member to serve as Chairman of the Board. and one member to serve as Vice Chairman. The Chairman shall be responsible on behalf of the Board for the administrative operations of the Board. and shall appoint such employees as the Board deems necessary to assist it in the performance of Its functions. The Vice Chairman shall act as Chairman in the absence or disability of the Chairman or in the event of a vacancy in that office. (c) A vacancy in the Board shall not Impair the right of the remaining members to exercise all the powers of the Board and three members thereof shall constitute a quorum. (d) The Board shall at the close of each fiscal year report to the Congress and to the President concerning the actions it has taken during such fiscal year and the names. salaries. and duties of all individuals in its employ and the moneys It has disbursed. (e) The principal office of the Board shall be in or near the District of Columbia. but it may meet or exercise its powers at any other place within or outside the United States. (f) The Chairman shall be compensated at the rate prescribed for level IV of the executive schedule and the other members shall be compensated at the rate prescribed for level V of the executive schedule. Szc. 2. (a) The Board shall have jurisdiction to review. upon the request of any alien outside the United States who has applied for a nonimmigrant or immigrant visa or a conditional entry. pursuant to the Immigration and Nationality Act. all determinations of United States consular officers pertaining to the refusal or revocation of such a nonimmlgrant or Immigrant visa to such alien and all determinations of Immigration and Naturalization Service officers refusing the conditional entry of such alien. Every alien seeking to obtain review by the Board of any such determination shall submit a request therefor to the Board in such form and manner as the Board may by regulations prescribe. but each such request shall set forth a concise statement of the facts upon which the request is based and the grounds upon which such alien believes he is entitled to relief. No such request may be submitted to the Board by any alien later than six months after the date of the making of the determination with respect to which such alien is seeking review. (b) Upon the filing of a request with the Board by any alien. if the Board finds that such request is frivolous. the Board shall dismiss such request and furnish notice thereof to the alien making such request. If the Board finds that any request is not frivolous. the Board shall immediately furnish notice of the filing of such request to the consular office or Immigration and Naturalization Service office where the determination in question was made and such office shall transmit to the Board a transcript of the entire record of such office pertaining to such determination. Thereupon the Board shall proceed to review the determination so presented to it. The commencement of a review under this section shall not operate as a stay of any determination subject to review. (c) Each review under this section shall be conducted solely upon the administrative record upon which the determination of a consular officer or immigration officer Is based and such officers findings of fact and conclusions of law. if supported by reasonable. substantial. and probative evidence on the record considered as a whole. shall be conclusive. (d) The Board shall set aside as unlawful (I) any findings and conclusions of a consular officer or immigration officer found to be unsupported by reasonable. substantial. and probative evidence on the record considered as a whole and (2) any action of a consular officer or immigration officer found to be an abuse of discretion or in excess of statutory authority. The Board shall compel any action of a consular officer or immigration officer found to have been unlawfully withheld. (e) In carrying out its duties under this Act. the Board shall endeavor to insure. insofar as practicable. that the administration of the Immigration and Nationality Act shall be uniform and equitable. (f) The Board shall communicate notice of its decision in each case to the alien who requested review of the determination involved in such case and to the consular office or Immigration office where such determination was made. Decisions of the Board shall be binding upon the consular officer or immigration officer who made the determination concerned. and his successors. and shall be final and conclusive for all purposes and not subject to review by any other official of the United States or by any court by mandamus or otherwise. (g) Notwithstanding any provision of the Immigration and Nationality Act to the contrary. the procedure prescribed by this section shall be the sole and exclusive procedure for the review of all final determinations hereafter made by consular officers refusing or revoking nonimmigrant. or immigrant visas to any aliens outside the United States and by immigration officers refusing the conditional entry of any aliens outside the United States. Sic. 3. In carrying out their powers. duties. and functions under the Immigration and Nationality Act. consular officers and immigration officers to whom application is made by any aliens outside the United States for the issuance of nonimmigrant or immigrant visas or the granting of conditional entries shall Inform such aliens of their right to obtain a review by the Board. pursuant to this Act. of the final determinations of such officers refusing or revoking such visas or conditional entries. SEC. 4. There are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act.