Haitian Refugee Fairness Act

Summary: Haitian Refugee Fairness Act - Expresses the sense of the Congress with respect to U.S. obligations in support of the international law requirement of nonrefoulement. 
Prohibits the U.S. Government from returning or causing to be returned to Haiti any Haitian national (with specified exceptions for certain felons and persons who participated in persecutions) outside U.S. territorial waters, or inside territorial waters of another country, unless the Government has first determined the individual not to be a refugee. 
(Sec. 3) Provides:  (1) temporary protected status for qualifying Haitians; and (2) reimbursement for related State and local costs. 
(Sec. 5) Obligates specified funds for:  (1) the Community Relations Service; and (2) primary and secondary resettlement services for paroled Cubans and Haitians. 
(Sec. 6) Amends the Immigration and Nationality Act to authorize appropriations for a Cuban/Haitian Entrant Emergency Fund to be established in the Treasury. 
Requires the Attorney General to provide an annual estimation of Cuban and Haitian parolees.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Haitian Refugee Fairness Act''.

SEC. 2. ADHERENCE TO INTERNATIONAL LAW REQUIREMENT OF NONREFOULEMENT.

    (a) Congressional Statement.--It is the sense of the Congress that 
Article 33 of the Convention Relating to the Status of Refugees (done 
at Geneva, July 28, 1951), as applied under Article I of the Protocol 
Relating to the Status of Refugees (done at New York, January 31, 
1967), imposes an obligation upon states which are party to the 
Protocol that applies wherever the states act and without territorial 
limitation, and Congress reaffirms that this Article 33 obligation 
applies to actions of the United States with respect to individuals 
within and without the territorial boundaries of the United States.
    (b) Obligations Outside the United States.--The United States 
Government shall not return, cause to be returned, or affect the 
movement in any manner which results in returning, a national or 
habitual resident of a country, who is outside the territorial 
boundaries of the country of nationality or residence to the territory 
where the individual's life or freedom would be threatened, and no 
funds may be expended without respect to any such return, unless the 
United States Government first determines in a manner that incorporates 
procedural safeguards consistent with internationally endorsed 
standards and guidelines that such individual is not a refugee of such 
country under Article 1 of the Convention Relating to the Status of 
Refugees (done at Geneva July 28, 1951) as applied under Article I of 
the United Nations Protocol Relating to the Status of Refugees (done at 
New York, January 31, 1967) or a person designated under Article 33 of 
the Convention Relating to the Status of Refugees.
    (c) Obligations Within the Territorial Waters of Another Country.--
The United States Government shall not return, cause to be returned, or 
affect the movement in any manner which results in returning, a 
national or habitual resident of a country, who is within the 
territorial waters of his or her country of nationality or habitual 
residence, to the land frontier or territorial land of the country of 
nationality or residence where the individual's life or freedom would 
be threatened, and no funds may be expended with respect to any such 
return, unless the United States Government first determines in a 
manner that incorporates procedural safeguards consistent with 
internationally endorsed standards and guidelines that if that 
individual were outside the territory of the country of nationality or 
habitual residence such individual would not be a refugee of such 
country under Article I of the Convention Relating to the Status of 
Refugees (done at Geneva, July 28, 1951) as applied under Article I of 
the United National Protocol Relating to the Status of Refugees (done 
at New York), January 31, 1967) or a person designated under Article 33 
of the Convention Relating to the Status of Refugees. This subsection 
shall not constitute authority for conducting operations by the United 
States Government within the territorial waters of another country.
    (d) Limitations.--The provisions of this section do not apply to an 
individual if--
            (1) such individual ordered, incited, assisted, or 
        otherwise participated in the persecution of any person on 
        account of race, religion, nationality, membership in a 
        particular social group or political opinion; or
            (2) such individual, having been convicted by a final 
        judgment of an aggravated felony (as defined in section 
        101(a)(43) of the Immigration and Nationality Act), constitutes 
        a danger to the community of the United States.
    (e) Rule of Construction.--Nothing in this section shall be 
construed to impose new obligations on the Government of the United 
States in its treatment of nationals and habitual residents of a 
country at United States diplomatic and consular missions in that 
country.

SEC. 3. TEMPORARY PROTECTED STATUS FOR HAITIANS.

    (a) Designation.--
            (1) In general.--Haiti is hereby designated under section 
        244A(b) of the Immigration and Nationality Act (8 U.S.C. 
        1254a(b)), subject to the provisions of this section.
            (2) Period of designation.--Such designation shall take 
        effect on the date of the enactment of this Act and shall 
        remain in effect for a period of 24 months from the date of 
        enactment of this Act or until such time as the President 
        certifies to Congress that a democratically elected government 
        is securely in place in Haiti, whichever occurs later.
    (b) Aliens Eligible.--In applying section 244A of the Immigration 
and Nationality Act pursuant to the designation under this section, 
subject to section 244A(c)(3) of such Act, an alien who is a national 
of Haiti meets the requirement of section 244A(c)(1) of such Act only 
if--
            (1) the alien has been continuously physically present in 
        the United States since November 17, 1993;
            (2) the alien is admissible as an immigrant, except as 
        otherwise provided under section 244A(c)(2)(A) of such Act and 
        is not ineligible for temporary protected status under section 
        244A(c)(2)(B) of such Act; and
            (3) the alien registers for temporary protected status in a 
        manner which the Attorney General shall establish.
    (c) Registration Fee.--Subject to section 244A(c)(3) of the 
Immigration and Nationality Act, the Attorney General may provide for 
the payment of a fee as a condition of registering an alien under 
subsection (b) of this section.

SEC. 4. REIMBURSEMENT FOR STATE AND LOCAL GOVERNMENT COSTS.

    Notwithstanding any other provision of law, the Attorney General 
shall reimburse from funds authorized under section 404(b)(1) of the 
Immigration and Nationality Act, State and local governments for 
incremental costs associated with Haitian nationals who are paroled 
into the United States by the Immigration and Naturalization Service 
under section 212(d)(5) of the Immigration and Nationality Act.

SEC. 5. FUNDING FOR COMMUNITY RELATIONS SERVICE OF THE UNITED STATES 
              DEPARTMENT OF JUSTICE AND CUBAN/HAITIAN PRIMARY SECONDARY 
              MIGRATION PROGRAM FOR FISCAL YEARS 1994, 1995 AND 1996.

    (a) Community Relations Service.--Of the funds appropriated for the 
United States Department of Justice for fiscal years 1994, 1995, and 
1996, not less than $27,000,000 shall be made available in each fiscal 
year to the Community Relations Service.
    (b) Cuban/Haitian Primary Secondary Migration Program.--Of the 
funds referred to in subsection (a), not less than $6,000,000 in each 
of fiscal years 1994, 1995, and 1996 shall be used to provide primary 
and secondary resettlement services for Cubans and Haitians paroled 
into the United States by the Immigration and Naturalization Service 
under section 212(d)(5) of the Immigration and Nationality Act.

SEC. 6. CUBAN/HAITIAN ENTRANT EMERGENCY FUND.

    Section 404 of the Immigration and Nationality Act (8 U.S.C. 1101, 
note.) is amended by adding at the end the following new subsection:
    ``(c) Cuban/Haitian Entrant Emergency Fund.
            ``(1) Authorization of appropriations.--There are 
        authorized to be appropriated for fiscal year 1994 and any 
        subsequent fiscal year to a Cuban/Haitian Entrant Emergency 
        Fund to be established in the Treasury, an amount sufficient to 
        provide for a balance of $5,000,000 in such fund, to be used to 
        carry out the purposes described in paragraph (3).
            ``(2) Conditions for use of fund.--Funds which are 
        authorized to be appropriated by paragraph (1) shall be 
        available whenever--
                    ``(A) the number of Cubans and Haitians paroled 
                into the United States by the Immigration and 
                Naturalization Service under section 212(d)5 of the 
                Immigration and Nationality Act in a single fiscal year 
                has exceeded the estimate made by the Attorney General 
                as required in paragraph (4), and
                    ``(B) funds appropriated for the Cuban/Haitian 
                Primary/Secondary Resettlement Program are inadequate 
                to provide primary and secondary resettlement services 
                at the fiscal year 1993 funding and service level.
            ``(3) ______. Funds which are authorized to be appropriated 
        by paragraph (1) shall be available solely for the purpose of 
        assisting with the processing, placement and reception of 
        Cubans and Haitians paroled into the United States by the 
        Immigration and Naturalization Service under section 212(d)(5) 
        of the Immigration and Nationality Act.
            ``(4) Annual estimation of cuban and haitian parolees.
                    ``(A) The Attorney General of the United States 
                shall submit each year, concurrent with the President's 
                annual budget request, an estimate of the number of 
                Cubans and Haitians who are expected to be paroled into 
                the United States under section 212(d)(5) of the 
                Immigration and Nationality Act in the next fiscal 
                year. Such estimate shall be made independently from 
                the budget request for any programs for Cuban and 
                Haitian parolees.
                    ``(B) In determining the estimate required by 
                paragraph (4)(A), the Attorney General shall take into 
                consideration a number of factors, including but not 
                limited to--
                            ``(i) previous experience and current 
                        trends in the number of Cubans and Haitians 
                        paroled into the United States under section 
                        212(d)(5) of the Immigration and Nationality 
                        Act, and
                            ``(ii) political circumstances and trends 
                        in Cuba and Haiti.''.