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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3809 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 3809

To revise, codify, and enact without substantive change certain general 
  and permanent laws, related to aliens and nationality, as title 8, 
            United States Code, ``Aliens and Nationality''.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            February 8, 1994

  Mr. Brooks introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
To revise, codify, and enact without substantive change certain general 
  and permanent laws, related to aliens and nationality, as title 8, 
            United States Code, ``Aliens and Nationality''.

    Be it enacted by the Senate and House of Representa<gr-thn-eq>tives 
of the United States of America in Congress assembled,

SECTION 1. TITLE 8, UNITED STATES CODE.

  Certain general and permanent laws of the United States, related to 
aliens and nationality, are revised, codified, and enacted as title 8, 
United States Code, ``Aliens and Nationality'', as follows:
                    TITLE 8--ALIENS AND NATIONALITY
Subtitle                                                            Sec.

GENERAL..............................................................101
ALIENS..............................................................2101
UNLAWFUL EMPLOYMENT PRACTICES......................................11101
REFUGEE AND IMMIGRANT PROGRAMS.....................................13101
CITIZENSHIP AND NATIONALITY........................................20101

SUBTITLE I--GENERAL

Chapter                                                             Sec.

DEFINITIONS..........................................................101
ORGANIZATION AND ADMINISTRATION......................................301
PASSPORTS AND TRAVEL REQUIREMENTS....................................501
GENERAL MISCELLANEOUS................................................701

                         CHAPTER 1--DEFINITIONS

Sec.
101.  Adjacent islands.
102.  Advocates.
103.  Advocating a doctrine.
104.  Affiliating with an organization.
105.  Agency.
106.  Aggravated felony.
107.  Alien.
108.  Application for admission.
109.  Border crossing identification card.
110.  Child.
111.  Consular officer.
112.  Crewmember.
113.  Doctrine.
114.  Entry.
115.  Executive agency.
116.  Executive capacity.
117.  Foreign country.
118.  Good moral character.
119.  Graduate of a medical school.
120.  Immediate relative.
121.  Immigrant.
122.  Immigration laws.
123.  Immigration officer.
124.  Ineligible for citizenship.
125.  International organization.
126.  Lawfully admitted for permanent residence.
127.  Managerial capacity.
128.  National.
129.  National of the United States.
130.  Naturalization.
131.  Nonimmigrant.
132.  Organization.
133.  Parent, father, and mother.
134.  Passport.
135.  Refugee.
136.  Residence.
137.  Special immigrant.
138.  Special inquiry officer.
139.  Spouse, wife, and husband.
140.  State.
141.  Totalitarian dictatorship.
142.  Totalitarian party.
143.  United States.
144.  Unmarried.

Sec. 101. Adjacent islands

  In this title, ``adjacent islands'' includes the Bahamas, Barbados, 
Bermuda, Cuba, the Dominican Republic, Haiti, Jamaica, Martinique, 
Miquelon, Saint Pierre, Trinidad, the Windward and Leeward Islands, and 
other British, French, and Dutch territories and possessions in or 
bordering on the Caribbean Sea.

Sec. 102. Advocates

  In this title, ``advocates'' includes advises, recommends, furthers 
by overt act, and admits belief in.

Sec. 103. Advocating a doctrine

  In this title, ``advocating a doctrine'' includes giving, lending, or 
promising support, money, or other value to be used for advocating a 
doctrine.

Sec. 104. Affiliating with an organization

  In this title, ``affiliating with an organization'' is presumed from 
giving, lending, or promising support, money, or other value to an 
organization for any purpose.

Sec. 105. Agency

  In this title, ``agency'' means a department, agency, or 
instrumentality of the United States Government.

Sec. 106. Aggravated felony

  (a) General.--In this title, ``aggravated felony'' means any of the 
following, or an attempt or conspiracy to commit any of the following:
          (1) murder.
          (2) illicit trafficking in a controlled substance (as defined 
        by section 102 of the Comprehensive Drug Abuse Prevention and 
        Control Act of 1970 (21 U.S.C. 802)), including a drug 
        trafficking crime (as defined by section 924(c)(2) of title 
        18).
          (3) illicit trafficking in a firearm or destructive device 
        (as defined by section 921(a) of title 18).
          (4) an offense described by section 1956 of title 18.
          (5) a crime of violence (as defined by section 16 of title 
        18, except a purely political offense) for which the term of 
        imprisonment imposed (regardless of any suspension) is at least 
        5 years.
  (b) Applicable Law.--Subsection (a) of this section applies to an 
offense under a law of--
          (1) a State or the United States; or
          (2) a foreign country if the term of imprisonment for the 
        offense was completed within the prior 15 years.

Sec. 107. Alien

  In this title, ``alien'' means an individual who is not a national of 
the United States.

Sec. 108. Application for admission

  In this title, ``application for admission'' means an application for 
admission to the United States and not an application for a visa.

Sec. 109. Border crossing identification card

  In this title, ``border crossing identification card'' means a 
document of identity--
          (1) having the designation ``border crossing identification 
        card'';
          (2) granted by a consular officer or an immigration officer 
        to an alien lawfully admitted for permanent residence or an 
        alien residing in foreign territory contiguous to the United 
        States; and
          (3) to be used by the alien in crossing a border between the 
        United States and foreign territory contiguous to the United 
        States.

Sec. 110. Child

  (a) Subtitles I-III.--In subtitles I-III of this title, ``child'' 
means an unmarried individual under 21 years of age who--
          (1) is a legitimate child;
          (2) is a stepchild, whether or not born illegitimate, if the 
        child was under 18 years of age when the marriage making the 
        child a stepchild occurred;
          (3) was legitimated under the law of the child's or father's 
        residence or domicile if the legitimation occurred when the 
        child was under 18 years of age and in the legal custody of the 
        legitimating parent or parents;
          (4) is illegitimate, but the individual is a child only in 
        regard to the individual's--
                  (A) natural mother; or
                  (B) natural father if the father has or had a parent-
                child relationship with the child;
          (5) was adopted under 16 years of age if the child has been 
        in the legal custody of, and resided with, the adopting parent 
        or parents for at least 2 years; or
          (6)(A) is under 16 years of age when a petition is filed to 
        classify the child as an immediate relative;
          (B) is an orphan because both parents have died, disappeared, 
        deserted the child, or been separated from the child, or has 
        only one parent and the parent is unable to provide the proper 
        care and irrevocably in writing has released the child for 
        emigration and adoption, except that in this clause the term 
        ``parent'' does not include the natural father if--
                  (i) the child is illegitimate as described by clause 
                (4) of this subsection and has not been legitimated as 
                described by clause (3) of this subsection; and
                  (ii) the father has disappeared or deserted the child 
                or irrevocably in writing has released the child for 
                emigration and adoption;
          (C)(i) was adopted outside the United States by a citizen of 
        the United States and the citizen's spouse, or by an unmarried 
        citizen of the United States at least 25 years of age, who 
        observed the child before or during the adoption proceedings; 
        or
          (ii) is coming to the United States for adoption by a citizen 
        of the United States and the citizen's spouse, or by an 
        unmarried citizen of the United States at least 25 years of 
        age, who complied with the preadoption requirements of the 
        child's proposed residence; and
          (D) will be cared for properly to the satisfaction of the 
        Attorney General if admitted to the United States.
  (b) Subtitle V.--In subtitle V of this title, ``child'' means an 
unmarried individual under 21 years of age and includes a child who--
          (1) is a legitimate child;
          (2) was legitimated under the law of the child's or father's 
        residence or domicile (even if outside the United States) if 
        the legitimation occurred when the child was under 16 years of 
        age and in the legal custody of the legitimating parent or 
        parents; or
          (3) except as provided by sections 20305-20307 of this title, 
        was adopted in the United States if the adoption occurred when 
        the child was under 16 years of age and in the legal custody of 
        the adopting parent or parents.

Sec. 111. Consular officer

  In this title, ``consular officer'' means an officer or employee of 
the United States Government designated under regulations to grant 
visas.

Sec. 112. Crewmember

  In this title, ``crewmember'' means an individual serving in any 
capacity on a vessel or aircraft.

Sec. 113. Doctrine

  In this title, ``doctrine'' includes a policy, practice, purpose, 
aim, or procedure.

Sec. 114. Entry

  In this title, ``entry'' means a coming of an alien into the United 
States from a foreign port or place or from American Samoa and includes 
a coming into the United States involuntarily. However, an alien having 
a lawful permanent residence in the United States is deemed not to be 
making an entry under the immigration laws if the alien--
          (1) satisfies the Attorney General that the alien did not 
        intend or reasonably expect to depart to a foreign port or 
        place or to American Samoa or that the alien's departure was 
        involuntary; and
          (2) did not depart because of deportation, extradition, or 
        other legal process.

Sec. 115. Executive agency

  In this title, ``executive agency'' means a department, agency, or 
instrumentality in the executive branch of the United States 
Government.

Sec. 116. Executive capacity

  (a) General.--In this title, ``executive capacity'' means an 
assignment of an individual employed in an organization in which the 
individual primarily--
          (1) directs the management of the organization or a major 
        component or function of the organization;
          (2) establishes the goals and policies of the organization, 
        component, or function;
          (3) has wide latitude in making discretionary decisions; and
          (4) receives only general supervision or direction from 
        higher level executives, the board of directors, or 
        stockholders of the organization.
  (b) Staffing Levels as Factor.--If staffing levels are used as a 
factor in deciding whether an individual is acting in an executive 
capacity, the Attorney General shall consider the reasonable needs of 
the organization, component, or function in light of the overall 
purpose and stage of development of the organization, component, or 
function. An individual is not acting in an executive capacity only 
because of the number of employees the individual supervises, directs, 
or has supervised or directed.

Sec. 117. Foreign country

  In this title, ``foreign country'' includes the territories and 
possessions of a foreign country, but a self-governing dominion or a 
territory under trusteeship is deemed to be a separate foreign country.

Sec. 118. Good moral character

  In this title, each of the following individuals is an individual not 
of good moral character:
          (1) an individual who, during the period for which good moral 
        character is required--
                  (A) was a habitual drunkard;
                  (B) was within a class of individuals, whether 
                excludable or not, described by--
                          (i) section 6306 or 6307(a)(5) or (6) of this 
                        title; or
                          (ii) section 6307(a)(1)-(4) of this title 
                        (except as section 6307(a)(3) is related to a 
                        single offense of simple possession of not more 
                        than 30 grams of marijuana), if the individual 
                        admits committing or was convicted of 
                        committing the offense and committed the 
                        offense during the period for which good moral 
                        character is required;
                  (C) derived income principally from unlawful gambling 
                activities;
                  (D) committed at least 2 gambling offenses for which 
                the individual has been convicted;
                  (E) gave false testimony to obtain a benefit under 
                this title (except subchapter I of chapter 5, 
                subchapters III and IV of chapter 131, and chapters 
                133-137); or
                  (F) served a total of at least 180 days in a penal 
                institution for conviction of an offense or offenses, 
                even if the offense or offenses were not committed 
                during the period for which good moral character is 
                required.
          (2) an individual convicted of murder or, after November 28, 
        1990, of another aggravated felony, regardless of whether the 
        offense or conviction was during the period for which good 
        moral character is required.
          (3) an individual found for other reasons to be not of good 
        moral character.

Sec. 119. Graduate of a medical school

  In this title, ``graduate of a medical school'' means an alien who 
has graduated from a medical school or has qualified to practice 
medicine in a foreign country, except an alien of national or 
international renown in the field of medicine.

Sec. 120. Immediate relative

  In this title, ``immediate relative'' means--
          (1) a child of a citizen of the United States;
          (2) a spouse of a citizen of the United States, except that 
        if the citizen has died, the spouse remains an immediate 
        relative after the death only if the spouse--
                  (A) was married to the citizen for at least 2 years 
                before the date of death;
                  (B) was not legally separated from the citizen on the 
                date of death;
                  (C) files a petition under section 4301(a)(1) of this 
                title not later than 2 years after the date of death; 
                and
                  (D) has not remarried; and
          (3) a parent of a citizen of the United States if the citizen 
        is at least 21 years of age.

Sec. 121. Immigrant

  In this title, ``immigrant'' means any alien except a nonimmigrant.

Sec. 122. Immigration laws

  In this title, ``immigration laws'' includes this title and all laws, 
conventions, and treaties of the United States related to the 
immigration, exclusion, deportation, or expulsion of aliens.

Sec. 123. Immigration officer

  In this title, ``immigration officer'' means an officer or employee 
of the United States Government designated by the Attorney General, 
individually or by regulation, to carry out the duties and powers of an 
immigration officer under this title.

Sec. 124. Ineligible for citizenship

  In this title, ``ineligible for citizenship'' means permanently 
debarred at any time under this title or another law from becoming a 
citizen of the United States.

Sec. 125. International organization

  In this title, ``international organization'' means an international 
organization as defined by section 1 of the International Organizations 
Immunities Act (22 U.S.C. 288).

Sec. 126. Lawfully admitted for permanent residence

  In this title, ``lawfully admitted for permanent residence'' means 
the status of lawfully having been given the privilege of residing 
permanently in the United States as an immigrant under the immigration 
laws, that status not having changed.

Sec. 127. Managerial capacity

  (a) General.--In this title, ``managerial capacity'' means an 
assignment of an individual employed in an organization in which the 
individual primarily--
          (1) manages the organization or a department, subdivision, 
        component, or function of the organization;
          (2) supervises and controls the work of other supervisory, 
        professional, or managerial employees, or manages an essential 
        function in the organization or a department or subdivision of 
        the organization;
          (3)(A) has the authority to hire and fire or recommend 
        hiring, firing, and other personnel actions, if an employee is 
        supervised directly; or
          (B) works at a senior level in the organizational hierarchy 
        or with regard to the function managed, if no employee is 
        supervised directly; and
          (4) has discretion over the day-to-day operations of the 
        activity or function for which the individual has authority.
  (b) First-Line Supervisor.--A first-line supervisor does not act in a 
managerial capacity only because of the supervisor's supervisory duties 
unless the employees supervised are professional.
  (c) Staffing Levels as Factor.--If staffing levels are used as a 
factor in deciding whether an individual is acting in a managerial 
capacity, the Attorney General shall consider the reasonable needs of 
the organization, component, or function in light of the overall 
purpose and stage of development of the organization, component, or 
function. An individual is not acting in a managerial capacity only 
because of the number of employees the individual supervises, directs, 
or has supervised or directed.

Sec. 128. National

  In this title, ``national'' means an individual owing permanent 
allegiance to a country.

Sec. 129. National of the United States

  In this title, ``national of the United States'' means--
          (1) a citizen of the United States; or
          (2) an individual, not a citizen of the United States, owing 
        permanent allegiance to the United States.

Sec. 130. Naturalization

  In this title, ``naturalization'' means the conferring of nationality 
of a country on an individual after birth by any means.

Sec. 131. Nonimmigrant

  In this title, ``nonimmigrant'' means an alien classified as a 
nonimmigrant under subchapter I of chapter 23 of this title.

Sec. 132. Organization

  In this title, ``organization'' includes a corporation, partnership, 
association, trust, foundation, fund, or group of persons associated 
together with joint action on any subject.

Sec. 133. Parent, father, and mother

  (a) Subtitles I-III.--In subtitles I-III of this title, ``parent'', 
``father'', and ``mother'' mean a parent, father, and mother of a 
child, but do not include--
          (1) the natural parent of a child as defined by section 
        110(a)(5) of this title; or
          (2) the natural parent or prior adoptive parent of a child as 
        defined by section 110(a)(6) of this title.
  (b) Subtitle V.--In subtitle V of this title, ``parent'', ``father'', 
and ``mother'' include a deceased parent, father, and mother of a 
posthumous child.

Sec. 134. Passport

  In this title, ``passport'' means a travel document--
          (1) granted by competent authority;
          (2) showing the bearer's origin, identity, and nationality; 
        and
          (3) valid for the entry of the bearer into a foreign country.

Sec. 135. Refugee

  In this title (except chapters 133 and 135), ``refugee''--
          (1) means an individual who--
                  (A)(i) is outside the country of the individual's 
                nationality or, if the individual has no nationality, 
                is outside the country in which the individual last 
                habitually resided; and
                  (ii) is unable or unwilling to return to, and make 
                use of the protection of, that country because of 
                persecution or a well-founded fear of persecution 
                because of race, religion, nationality, membership in a 
                particular social group, or political opinion; or
                  (B) in circumstances the President after appropriate 
                consultation (as defined by section 5101(a) of this 
                title) specifies--
                          (i) is in the country of the individual's 
                        nationality or, if the individual has no 
                        nationality, is in the country in which the 
                        individual is habitually residing; and
                          (ii) is persecuted or has a well-founded fear 
                        of persecution because of race, religion, 
                        nationality, membership in a particular social 
                        group, or political opinion; but
          (2) does not include an individual who ordered, incited, 
        assisted, or otherwise participated in the persecution of an 
        individual because of race, religion, nationality, membership 
        in a particular social group, or political opinion.

Sec. 136. Residence

  In this title, ``residence'' means the principal, actual dwelling 
place of an individual without regard to the individual's intent.

Sec. 137. Special immigrant

  (a) General.--In this title, ``special immigrant'' means each of the 
following immigrants:
          (1) an immigrant lawfully admitted for permanent residence 
        returning from a temporary visit outside the United States 
        (including a period of employment by the American University of 
        Beirut).
          (2) an immigrant who was a citizen of the United States and 
        may be naturalized under section 20315 or 20317(a) of this 
        title.
          (3)(A) an immigrant who--
                  (i) for at least 2 years immediately before applying 
                for admission has been a member of a religious 
                denomination having a nonprofit, religious organization 
                in the United States;
                  (ii) is coming to the United States--
                          (I) only to serve as a minister of that 
                        religious denomination;
                          (II) before October 1, 1994, to work for the 
                        organization, at the request of the 
                        organization, in a professional capacity in a 
                        religious vocation or occupation; or
                          (III) before October 1, 1994, to work for the 
                        organization or for an organization affiliated 
                        with the religious denomination and exempt from 
                        taxation as an organization described by 
                        section 501(c)(3) of the Internal Revenue Code 
                        of 1986 (26 U.S.C. 501(c)(3)), at the request 
                        of the organization, in a religious vocation or 
                        occupation; and
                  (iii) has served as a minister or performed the work 
                described by subclause (ii) of this clause continuously 
                for at least the 2-year period described by subclause 
                (i) of this clause; and
          (B) the immigrant's spouse and children if accompanying or 
        following to join the immigrant.
          (4)(A) an immigrant who is an employee or an honorably 
        retired former employee of the United States Government outside 
        the United States who has performed faithful service for at 
        least 15 years, if the principal officer of a Foreign Service 
        establishment of the United States recommends that the 
        immigrant be granted special immigrant status because of 
        exceptional circumstances and the Secretary of State approves 
        the recommendation after finding that it is in the interest of 
        the United States to grant the status; and
          (B) the immigrant's spouse and children if accompanying the 
        immigrant.
          (5)(A) an immigrant who--
                  (i) resided in the Panama Canal Zone on April 1, 
                1979;
                  (ii) was an employee of the Panama Canal Company or 
                the Canal Zone Government before October 1, 1979; and
                  (iii) performed faithful service as such an employee 
                for at least one year; and
          (B) the immigrant's spouse and children if accompanying the 
        immigrant.
          (6)(A) an immigrant who--
                  (i) is a national of Panama;
                  (ii) performed faithful service as an employee of the 
                United States Government in the Panama Canal Zone for 
                at least 15 years before October 1, 1979; and
                  (iii) honorably retired from that employment at any 
                time; and
          (B) the immigrant's spouse and children if accompanying the 
        immigrant.
          (7)(A) an immigrant--
                  (i) who was an employee of the Panama Canal Company 
                or the Canal Zone Government on April 1, 1979;
                  (ii) who performed faithful service as such an 
                employee for at least 5 years; and
                  (iii) whose personal safety, or whose spouse's or 
                child's personal safety, is placed in reasonable danger 
                directly because of the Panama Canal Treaty of 1977 and 
                the special nature of the immigrant's employment; and
          (B) the immigrant's spouse and children if accompanying the 
        immigrant.
          (8)(A) an immigrant who--
                  (i) has graduated from a medical school or has 
                qualified to practice medicine in a foreign country;
                  (ii) was completely and permanently licensed to 
                practice medicine in a State on January 9, 1978, and 
                was practicing medicine in a State on that date;
                  (iii) entered the United States as a nonimmigrant 
                under any of sections 2312-2316 or 2325 of this title 
                before January 10, 1978; and
                  (iv) has been continuously present in the United 
                States in the practice or study of medicine since the 
                date of entry; and
          (B) the immigrant's spouse and children if accompanying the 
        immigrant.
          (9) an immigrant who--
                  (A) is the unmarried son or daughter of a present or 
                former officer or employee of an international 
                organization;
                  (B) while classified as a nonimmigrant under section 
                2302(5) or 2324 of this title, has resided and been 
                physically present in the United States for--
                          (i) periods totaling at least half of the 7 
                        years before the date of application for a visa 
                        or for a change of status to special immigrant 
                        status under this clause (9); and
                          (ii) periods totaling at least 7 years 
                        between the ages of 5 and 21; and
                  (C) applies for a visa or change of status to special 
                immigrant status under this clause (9) not later than 
                the immigrant's 25th birthday or April 24, 1989, 
                whichever is later.
          (10) an immigrant who--
                  (A) is the surviving spouse of a deceased officer or 
                employee of an international organization;
                  (B) while classified as a nonimmigrant under section 
                2302(5) or 2324 of this title, has resided and been 
                physically present in the United States for--
                          (i) periods totaling at least half of the 7 
                        years before the date of application for a visa 
                        or for a change of status to special immigrant 
                        status under this clause (10); and
                          (ii) periods totaling at least 15 years 
                        before the date of death of the officer or 
                        employee; and
                  (C) files a petition for special immigrant status 
                under this clause (10) not later than 6 months after 
                the date of death of the officer or employee or April 
                24, 1989, whichever is later.
          (11)(A) an immigrant who--
                  (i) is a retired officer or employee of an 
                international organization;
                  (ii) while classified as a nonimmigrant under section 
                2302(5) of this title, has resided and been physically 
                present in the United States for periods totaling at 
                least half of the 7 years before the date of 
                application for a visa or for a change of status to 
                special immigrant status under this clause (11), and 
                for periods totaling at least 15 years before the date 
                of the officer's or employee's retirement from the 
                international organization; and
                  (iii) files a petition for special immigrant status 
                under this clause (11) not later than 6 months after 
                the date of retirement or April 24, 1989, whichever is 
                later, but before January 1, 1993; and
          (B) the immigrant's spouse if accompanying or following to 
        join the immigrant as a member of the immediate family.
          (12) an immigrant--
                  (A) who has been declared a dependent of a juvenile 
                court in the United States and found eligible by that 
                court for long-term foster care; and
                  (B) for whom it has been decided in an administrative 
                or judicial proceeding that it would not be in the 
                alien's best interest to be returned to the alien's or 
                alien's parent's previous country of nationality or 
                country of last habitual residence.
          (13)(A) an immigrant who--
                  (i) after October 15, 1978, and after original lawful 
                enlistment outside the United States under a treaty or 
                agreement in effect on October 1, 1991, has served 
                honorably on active duty in the armed forces of the 
                United States for--
                          (I) 12 years and, if separated from the 
                        service, was separated only under honorable 
                        conditions; or
                          (II) 6 years if the immigrant is on active 
                        duty when seeking special immigrant status 
                        under this clause (13) and has reenlisted to 
                        incur a total active duty obligation of at 
                        least 12 years; and
                  (ii) is recommended by the head of the executive 
                department under which the immigrant has served to 
                receive special immigrant status under this clause 
                (13); and
          (B) the immigrant's spouse and children if accompanying or 
        following to join the immigrant.
  (b) Temporary Absences Under Subsection (a) (9)-(11).--An alien who 
is a present or former officer or employee of an international 
organization, or is the surviving spouse, unmarried son, or unmarried 
daughter of a present or former officer or employee, is deemed under 
subsection (a) (9)-(11) of this section to be residing and physically 
present in the United States during a period in which the alien is 
residing in, but absent from, the United States if--
          (1) the alien is absent because of the officer's or 
        employee's need to conduct official business for the 
        organization or because of customary leave; and
          (2) during the absence--
                  (A) the officer or employee continues to have a duty 
                station in the United States; and
                  (B) with respect to an unmarried son or daughter, the 
                son or daughter is not enrolled in a school outside the 
                United States.
  (c) Rights, Privileges, or Status Not Acquired by Parents of Certain 
Special Immigrants.--A natural parent or prior adoptive parent of a 
special immigrant as defined by subsection (a)(12) of this section may 
not be given a right, privilege, or status under this title (except 
subchapter I of chapter 5, subchapters III and IV of chapter 131, and 
chapters 133-137) because of the relationship.

Sec. 138. Special inquiry officer

  In this title, ``special inquiry officer'' means an immigration 
officer designated by the Attorney General, individually or by 
regulation, to carry out the duties and powers of a special inquiry 
officer.

Sec. 139. Spouse, wife, and husband

  In this title, ``spouse'', ``wife'', and ``husband'' include a 
spouse, wife, and husband by a marriage ceremony during which both 
parties were not physically present only if the parties consummated the 
marriage.

Sec. 140. State

  In this title (except subchapter I of chapter 5, subchapters I, III, 
and IV of chapter 131, chapters 133-137, and section 13902), ``State'' 
means a State of the United States, the District of Columbia, Puerto 
Rico, Guam, and the Virgin Islands.

Sec. 141. Totalitarian dictatorship

  In this title, ``totalitarian dictatorship'' means a system of 
government that is not representative and is characterized by--
          (1) the existence of a single political party, organized on a 
        dictatorial basis, whose policies are so closely identified 
        with the governmental policies that the party and the 
        government are indistinguishable; and
          (2) the forcible suppression of opposition to the party.

Sec. 142. Totalitarian party

  In this title, ``totalitarian party'' means an organization 
advocating the establishment of a totalitarian dictatorship in the 
United States.

Sec. 143. United States

  In this title (except subchapter I of chapter 5, subchapters I, III, 
and IV of chapter 131, chapters 133-137, and section 13902), ``United 
States'' means the States of the United States, the District of 
Columbia, Puerto Rico, Guam, and the Virgin Islands.

Sec. 144. Unmarried

  In this title, ``unmarried'', when used in reference to an individual 
as of a particular time, means an individual who was not married at 
that time, even if previously married.

               CHAPTER 3--ORGANIZATION AND ADMINISTRATION

                   SUBCHAPTER I--DEPARTMENT OF JUSTICE

Sec.
301.  General authority of the Attorney General.
302.  Immigration and Naturalization Service.
303.  Oaths and testimony.
304.  Enforcement authority.
305.  Local jurisdiction over immigrant stations.
306.  Records on aliens.
307.  Information about transporting alien females for prostitution and 
          debauchery.
308.  Working hours and premium pay for officers and employees of the 
          Immigration and Naturalization Service.
309.  Providing immigration services for scheduled flights.
310.  Reimbursement for immigration inspection services.
311.  Travel expenses and expenses of interment.
312.  Providing services and articles at immigrant stations.
313.  Operation of photographic studios by welfare organizations.
314.  Crediting appropriations.
315.  Interest on immigration bonds.
316.  Breached Bond/Detention Fund.
317.  Immigration User Fee Account.
318.  Immigration Examinations Fee Account.
319.  Land border inspection fees.
320.  Advisory committee on inspection services.
321.  Immigration emergency fund.
322.  Reports.
323.  Information system on impact of immigration laws.

                   SUBCHAPTER II--DEPARTMENT OF STATE

331.  General authority of the Secretary of State.
332.  Bureau of Consular Affairs.
333.  Sharing information about foreign traffickers in controlled 
          substances.

                      SUBCHAPTER III--MISCELLANEOUS

341.  Liaison with internal security officers.
342.  Confidentiality of records and proof of nonexistence.
343.  Disposition of receipts.
344.  Triennial immigration-impact report.
345.  Setting immigration adjudication and naturalization fees.

                  SUBCHAPTER I--DEPARTMENT OF JUSTICE

Sec. 301. General authority of the Attorney General

  (a) General Authority.--(1) Except as otherwise provided by law, the 
Attorney General shall carry out this title and other laws related to 
the immigration and naturalization of aliens.
  (2) The Attorney General may prescribe regulations and forms of bonds 
to carry out the duties and powers of the Attorney General under this 
title.
  (b) Control of Borders.--The Attorney General shall control the 
borders of the United States against the unlawful entry of aliens.
  (c) Delegation to Other Agencies.--In carrying out this title, the 
Attorney General, with the consent of the head of an agency, may 
require or authorize an officer or employee of the agency to carry out 
a duty or power of an officer or employee of the Immigration and 
Naturalization Service.
  (d) Establishment of Offices in Foreign Countries.--The Attorney 
General--
          (1) with the concurrence of the Secretary of State, may 
        establish an office of the Service in a foreign country; and
          (2) after consulting with the Secretary, may detail an 
        officer or employee of the Service for duty in a foreign 
        country when the Attorney General considers the detail 
        necessary to carry out this title.
  (e) Places of Detention.--The Attorney General shall arrange for 
appropriate places of detention for aliens detained pending deportation 
or a decision on deportation. When United States Government facilities 
are unavailable or facilities adapted or suitably located for detention 
are unavailable for rental, the Attorney General may expend from the 
appropriation ``Immigration and Naturalization Service--Salaries and 
Expenses'', without regard to section 3709 of the Revised Statutes (41 
U.S.C. 5) or section 322 of the Act of June 30, 1932 (40 U.S.C. 278a), 
amounts necessary to acquire land and to acquire, build, remodel, 
repair, and operate facilities (including living quarters for 
immigration officers if not otherwise available) necessary for 
detention.

Sec. 302. Immigration and Naturalization Service

  (a) Organization.--The Immigration and Naturalization Service is a 
service in the Department of Justice.
  (b) Commissioner of Immigration and Naturalization.--The head of the 
Service is the Commissioner of Immigration and Naturalization. The 
Commissioner is appointed by the President, by and with the advice and 
consent of the Senate. The Commissioner must be a citizen of the United 
States.
  (c) General Authority of the Commissioner.--The Commissioner shall--
          (1) carry out duties and powers prescribed by the Attorney 
        General; and
          (2) maintain direct and continuous liaison with the Assistant 
        Secretary of State for Consular Affairs to carry out the 
        immigration and nationality laws in a coordinated, uniform, and 
        efficient way.
  (d) Office, Records, and Facilities.--The Attorney General shall 
provide the Commissioner with a suitable office in the District of 
Columbia and records and facilities necessary to carry out the 
Commissioner's duties and powers.
  (e) Availability of Appropriation.--The appropriation ``Immigration 
and Naturalization Service--Salaries and Expenses'' is available to pay 
for the following:
          (1) the costs of hiring privately owned horses for use on 
        official business, under contract with officers or employees of 
        the Service.
          (2) the pay of interpreters and translators who are not 
        citizens of the United States.
          (3) the costs of distributing citizenship textbooks to aliens 
        without charge to the aliens.
          (4) at a rate specified by the applicable appropriation law, 
        allowances to aliens for work performed when held in custody 
        under the immigration laws.
          (5) if authorized by an appropriation law, spending by the 
        Attorney General for unforeseen emergencies of a confidential 
        character.
  (f) Certificate for Confidential Expenditures.--The Attorney General 
shall make a certificate for any amount of expenditures under 
subsection (e)(5) of this section that the Attorney General considers 
advisable not to specify. The certificate is a sufficient voucher that 
the amount stated was expended.

Sec. 303. Oaths and testimony

  (a) General.--In carrying out this title, the Attorney General, 
immigration officers, and other officers and employees of the 
Immigration and Naturalization Service designated by the Attorney 
General, may--
          (1) administer oaths;
          (2) take evidence; and
          (3) subpena witnesses to testify and produce records.
  (b) Enforcement of Subpenas.--If a witness disobeys a subpena issued 
under subsection (a) of this section, the Attorney General, immigration 
officer, or designated officer or employee of the Service may bring a 
civil action to enforce the subpena in the district court of the United 
States for the judicial district in which the proceeding is being 
conducted, or, if the subpena is related to an application for 
naturalization, in any district court of the United States. The court 
may issue an order to obey the subpena and punish a refusal to obey as 
a contempt of court.
  (c) Depositions.--An officer or employee of the Service designated by 
the Attorney General may take a deposition without charge on a matter 
related to carrying out a naturalization or citizenship law. In a case 
involving a likelihood of hardship or unusual delay, the Attorney 
General may authorize the deposition to be taken before a postmaster 
without charge or before an individual authorized to administer oaths 
for general purposes.

Sec. 304. Enforcement authority

  (a) Carrying Firearms and Serving and Executing Process.--Under 
regulations prescribed by the Attorney General, an officer or employee 
of the Immigration and Naturalization Service may--
          (1) carry a firearm; and
          (2) serve and execute an order, warrant, subpena, summons, or 
        other process issued under the authority of the United States 
        Government.
  (b) Authority Without Warrant.--An officer or employee of the Service 
authorized by regulations prescribed by the Attorney General may, 
without a warrant--
          (1) interrogate an individual believed to be an alien about 
        the individual's right to be or remain in the United States;
          (2) search an individual seeking admission to the United 
        States and the personal effects in the possession of the 
        individual if the officer or employee has reason to suspect 
        that the search will disclose grounds for excluding the 
        individual from the United States;
          (3) board a vehicle, aircraft, or other conveyance within a 
        reasonable distance from a United States border, or board a 
        vessel within the territorial waters of the United States, to 
        search for aliens;
          (4) within 25 miles from a United States border, have access 
        to private land (but not a dwelling) to patrol the border to 
        prevent the unlawful entry of aliens;
          (5) arrest an alien who, in the presence or view of the 
        officer or employee, is trying to enter the United States 
        unlawfully, or arrest an alien in the United States who the 
        officer or employee has reason to believe is in the United 
        States unlawfully and is likely to escape before a warrant for 
        the alien's arrest can be obtained, but the alien arrested 
        shall be taken without unnecessary delay before an immigration 
        officer for inspection about the alien's right to enter or 
        remain in the United States;
          (6) arrest a person for an offense against the United States 
        if--
                  (A) the officer or employee is performing duties 
                related to enforcement of the immigration laws at the 
                time of the arrest;
                  (B) the offense is committed in the presence of the 
                officer or employee; and
                  (C) the person is likely to escape before a warrant 
                for the person's arrest can be obtained;
          (7) arrest a person for a felony against the United States 
        under a law of the United States regulating the admission, 
        exclusion, or deportation of aliens if--
                  (A) the officer or employee has reason to believe the 
                person has committed the felony; and
                  (B) the person is likely to escape before a warrant 
                for the person's arrest can be obtained; and
          (8) arrest a person for any other felony against the United 
        States if--
                  (A) the officer or employee is performing duties 
                related to enforcement of the immigration laws at the 
                time of the arrest;
                  (B) the officer or employee has reason to believe the 
                person is committing or has committed the felony;
                  (C) the person is likely to escape before a warrant 
                for the person's arrest can be obtained; and
                  (D) the officer or employee has received 
                certification of completion of a training program as 
                required under subsection (d) of this section.
  (c) Restriction on Warrantless Entry of Outdoor Agricultural 
Operations.--Except as provided by subsection (b)(4) of this section, 
an officer or employee of the Service may not enter the premises of a 
farm or other outdoor agricultural operation, without a warrant or the 
consent of the owner or owner's agent, to interrogate an individual 
believed to be an alien about the individual's right to be or remain in 
the United States.
  (d) Regulations on Enforcement Activities.--An arrest may be made 
under subsection (b)(8) of this section only on and after the date the 
Attorney General prescribes final regulations that specify--
          (1) the categories of officers and employees of the Service 
        who may use force (including deadly force) and the 
        circumstances under which the force may be used;
          (2) standards for enforcement activities of the Service;
          (3) a requirement that, before an officer or employee may 
        make an arrest under subsection (b)(8) of this section, the 
        officer or employee has received certification of completion of 
        a training program covering the arrests and the standards 
        described by clause (2) of this subsection; and
          (4) an expedited, internal review process for violations of 
        the standards, consistent with standard agency procedure 
        regarding confidentiality of matters related to internal 
        investigations.
  (e) Detaining Aliens for Controlled Substances Violations.--(1) The 
Attorney General shall decide promptly whether to issue a detainer to 
detain an alien if any United States, State, or local law enforcement 
official--
          (A) arrests an alien for violating a law related to 
        controlled substances;
          (B) has reason to believe that the alien is in the United 
        States unlawfully;
          (C) expeditiously informs the Attorney General of the arrest 
        and of facts about the alien's status; and
          (D) requests the Attorney General to issue the detainer.
  (2) If the detainer is issued and the alien is not otherwise detained 
by a United States, State, or local law enforcement official, the 
Attorney General shall take custody of the alien expeditiously.

Sec. 305. Local jurisdiction over immigrant stations

  A law enforcement official responsible for enforcing the law of a 
State, territory, or possession of the United States in which an 
immigrant station is located has jurisdiction over the station and may 
enter the station to preserve the peace and make arrests for offenses 
under the laws of the State, territory, or possession. A court of the 
State, territory, or possession has jurisdiction over the immigrant 
station on a matter related to the enforcement of the law of the State, 
territory, or possession.

Sec. 306. Records on aliens

  (a) Central File on Aliens.--For the use of security and enforcement 
agencies of the United States Government, the Attorney General shall 
maintain in the Immigration and Naturalization Service a central file 
on aliens that is based on the records of the Service. The file shall 
contain--
          (1) the name of each alien admitted to or excluded from the 
        United States;
          (2) the name of the alien's sponsor of record; and
          (3) other information relevant to the enforcement of this 
        title that the Attorney General may require.
  (b) Providing Information to the Attorney General.--On request of the 
Attorney General--
          (1) the head of an agency shall provide the Attorney General 
        with information in the records of the agency about the 
        identity and location of an alien in the United States; and
          (2) the Secretary of Health and Human Services shall notify 
        the Attorney General when an alien is issued a social security 
        account number.

Sec. 307. Information about transporting alien females for prostitution and 
debauchery

  To prevent the transportation in foreign commerce of alien females 
for prostitution and debauchery, and to carry out the arrangement 
adopted July 25, 1902, for the suppression of white-slave traffic, the 
Attorney General shall--
          (1) maintain a central file of information about the 
        procurement of alien females for prostitution and debauchery;
          (2) establish the identity of the alien females, take 
        statements they may make, ascertain who induced them to leave 
        their native countries, and supervise the females; and
          (3) receive statements filed under this section and section 
        2424 of title 18, and provide receipts to individuals filing 
        the statements.

Sec. 308. Working hours and premium pay for officers and employees of the 
Immigration and Naturalization Service

  (a) Regulating Working Hours.--The Attorney General may regulate the 
working hours of officers and employees of the Immigration and 
Naturalization Service performing work at a port to coincide with the 
customary working hours at that port. This subsection does not change 
the length of a working day or the rate provided by subsection (b) of 
this section.
  (b) Premium Pay Rates.--An officer or employee of the Service 
performing work related to the inspection and landing of passengers and 
crew of a vessel, aircraft, or vehicle arriving in the United States 
from a foreign port is entitled to premium pay at the following rates:
          (1) For overtime work, the rate is one-half day's pay for 
        each 2 hours (or part of a 2-hour period of at least one hour), 
        but the total pay for the period between the end of the 
        individual's regular shift and the beginning of the 
        individual's next regular shift may not be more than 2.5 days' 
        pay.
          (2) For work on a Sunday or holiday, the rate is 2 days' pay.
  (c) Method of Payment.--(1) Except as provided by section 53 of the 
Airport and Airway Development Act of 1970 (49 App. U.S.C. 1741), when 
an officer or employee of the Service performs work referred to in 
subsection (b) of this section, the master, owner, agent, or consignee 
of the vessel, aircraft, or vehicle shall pay to the Attorney General 
an amount equal to the pay to which the officer or employee is entitled 
under subsection (b). The amount shall be paid if the officer or 
employee was ordered to report for work and did report, even if an 
inspection did not take place. However, this paragraph does not apply 
to an inspection, at a designated port of entry, of passengers arriving 
by an international ferry, bridge, or tunnel, or by a vessel on the 
Great Lakes and connecting waterways, an aircraft, or a vehicle, when 
the vessel, aircraft, or vehicle is operating on a regular schedule.
  (2) The Attorney General shall deposit in the Treasury an amount paid 
under this subsection. The amount shall be credited to the 
appropriation ``Immigration and Naturalization Service--Salaries and 
Expenses''. The amount credited to the appropriation is available for 
payment of the overtime, Sunday, and holiday pay.

Sec. 309. Providing immigration services for scheduled flights

  Notwithstanding section 308(c)(1) of this title or another law, the 
immigration services required to be provided to passengers on arrival 
in the United States on a scheduled flight shall be provided 
adequately, not later than 45 minutes after their presentation for 
inspection, when needed and at no cost to the air carrier or 
passengers, except for the fee specified in section 6909(a) of this 
title, at--
          (1) airports at which immigration services are provided; and
          (2) places outside the United States at which an immigration 
        officer is stationed to provide immigration services.

Sec. 310. Reimbursement for immigration inspection services

  (a) Inspections in Foreign Contiguous Territories.--Section 209 of 
title 18 does not prohibit reimbursement for the services of an 
immigration officer related to inspecting aliens in a foreign 
contiguous territory. The reimbursement shall be credited to the 
appropriation ``Immigration and Naturalization Service--Salaries and 
Expenses''.
  (b) Requested Inspection Services.--The Attorney General may receive 
reimbursement from the owner, operator, or agent of a private or 
commercial vessel or aircraft, or from a seaport or airport authority, 
for expenses incurred by the Attorney General in providing immigration 
inspection services requested by the owner, operator, agent, or 
authority, including the pay and expenses of individuals employed by 
the Attorney General to provide the services. The Attorney General's 
authority to receive reimbursement under this section ends as soon as 
an amount is appropriated to provide the services.

Sec. 311. Travel expenses and expenses of interment

  (a) Travel Expenses.--Under regulations prescribed by the Attorney 
General, an officer or employee of the Immigration and Naturalization 
Service is entitled to travel expenses when the officer or employee--
          (1) is ordered to carry out duties and powers in a foreign 
        country;
          (2) is transferred from one station to another in the United 
        States or in a foreign country; or
          (3) in carrying out duties and powers in a foreign country, 
        becomes eligible for voluntary retirement and returns to the 
        United States.
  (b) Expenses of Transporting Spouse, Children, and Property.--The 
Attorney General may reimburse an officer or employee described by 
subsection (a) of this section for expenses incurred in transporting 
the officer's or employee's spouse, dependent children, and personal 
property, including (as provided under subchapter II of chapter 57 of 
title 5) the expenses for packing, crating, freight, unpacking, 
temporary storage, and drayage.
  (c) Expenses of Interment.--When an officer or employee of the 
Service dies when in, or in transit to, a foreign country on official 
business, the Attorney General may pay the ordinary and necessary 
expenses of interment.

Sec. 312. Providing services and articles at immigrant stations

  (a) Awarding Contracts.--Subject to section 3709 of the Revised 
Statutes (41 U.S.C. 5), the Attorney General may award an exclusive 
contract to provide money exchange services, to transport passengers or 
baggage, to provide food and eating facilities, or to provide similar 
services at an immigrant station only to the lowest responsible and 
capable bidder (except an alien). The Attorney General may charge a 
reasonable rental for the use of United States Government property in 
providing the services. However, the Attorney General may provide a 
necessary service at an immigrant station if the Attorney General finds 
that it would be more economical and efficient.
  (b) Sale of Necessary Articles by the Attorney General.--If aliens 
detained at an immigrant station cannot readily obtain articles that 
the Attorney General decides are necessary to their health and welfare, 
the Attorney General may sell the articles to the aliens at reasonable 
prices through canteens operated by the Attorney General.
  (c) Intoxicating Liquors.--Intoxicating liquors may not be sold at an 
immigrant station.
  (d) Deposit of Amounts Received.--The Attorney General shall deposit 
amounts received under this section in the Treasury to the credit of 
the appropriation ``Immigration and Naturalization Service--Salaries 
and Expenses''.

Sec. 313. Operation of photographic studios by welfare organizations

  On recommendation of the Attorney General, an officer or employee in 
charge of property owned or leased by the United States Government may 
provide space, without payment of rent, in a building occupied by the 
Immigration and Naturalization Service, for a photographic studio 
operated by a welfare organization without profit and only for the 
benefit of individuals seeking to comply with the immigration and 
nationality laws. The Attorney General shall supervise a studio 
operated under this section.

Sec. 314. Crediting appropriations

  (a) Landing Stations.--Amounts deposited in the Treasury to reimburse 
the Immigration and Naturalization Service for expenses paid by the 
Service from the appropriation ``Immigration and Naturalization 
Service--Salaries and Expenses'' for a landing station referred to in 
section 6905(c) of this title and for detained aliens shall be credited 
to that appropriation for the fiscal year in which the expenses were 
incurred.
  (b) Amounts Recovered After Buying Evidence.--Amounts expended from 
the appropriation ``Immigration and Naturalization Service--Salaries 
and Expenses'' to buy evidence and later recovered shall be credited to 
that appropriation for the fiscal year in which the recovery is made.
  (c) Increased Penalties Resulting From Certain Amendments.--
Notwithstanding section 3302 of title 31, the amounts collected from 
the increase in penalties resulting from the amendments made by 
sections 203(b), 543(a), and 544 of the Immigration Act of 1990 (Public 
Law 101-649, 104 Stat. 5018, 5057, 5059) shall be credited to the 
appropriation--
          (1) ``Immigration and Naturalization Service--Salaries and 
        Expenses'' for activities that enhance enforcement of subtitles 
        I-III of this title (except subchapter I of chapter 5), 
        including--
                  (A) identifying, investigating, and apprehending 
                criminal aliens;
                  (B) implementing the system described by section 
                6531(c)(4) of this title; and
                  (C) repairing, maintaining, or constructing, on the 
                United States border in areas experiencing high levels 
                of apprehensions of illegal aliens, structures to deter 
                illegal entry into the United States; and
          (2) for the Executive Office for Immigration Review in the 
        Department of Justice to remove the backlogs in preparing 
        transcripts of deportation proceedings conducted under section 
        6532 of this title.

Sec. 315. Interest on immigration bonds

  (a) Earning of Interest.--The Attorney General shall deposit in the 
Treasury cash received as security on an immigration bond, with the 
cash to be held in trust for the obligor on the bond. The cash shall 
earn interest at a rate the Secretary of the Treasury prescribes, but 
the rate may not be more than 3 percent a year. Interest shall accrue 
from the date of deposit through the date of withdrawal or the date of 
breach of the bond, whichever is earlier. However, cash received as 
security on an immigration bond and deposited by the Attorney General 
in the postal savings system discontinued on April 27, 1966, shall earn 
interest under this subsection from the date the cash stopped earning 
interest under the system. Appropriations to the Department of the 
Treasury for interest on uninvested amounts are available for payment 
of the interest.
  (b) Disposition of Interest.--Interest earned under this section 
shall be disposed of in the same way as the principal, except that 
interest earned before the date of a breach shall be paid to the 
obligor on the bond.

Sec. 316. Breached Bond/Detention Fund

  (a) Establishment.--There is a separate account in the Treasury known 
as the ``Breached Bond/Detention Fund''.
  (b) Refunds.--(1) At least quarterly, the Secretary of the Treasury 
shall refund amounts from the Fund to the Immigration and 
Naturalization Service for--
          (A) expenses incurred in collecting breached bonds; and
          (B) expenses associated with the detention of illegal aliens.
  (2) The amount required to be refunded for the fiscal year ending 
September 30, 1994, and each subsequent fiscal year, shall be refunded 
in accordance with estimates made in the budget request of the Attorney 
General for that fiscal year. However, any proposed change in the 
amount designated in the budget request may be made only after 
notification to the Committees on Appropriations of the House of 
Representatives and the Senate under section 606 of the Departments of 
Commerce, Justice, and State, the Judiciary, and Related Agencies 
Appropriations Act, 1993 (Public Law 102-395, 106 Stat. 1873).
  (c) Deposits.--All breached cash and surety bonds, more than 
$8,000,000, posted under this title and recovered by the Attorney 
General shall be deposited in the Fund.
  (d) Availability of Amounts.--Amounts deposited in the Fund remain 
available until expended.
  (e) Reports.--The Attorney General shall submit annually to Congress 
a statement on the financial condition of the Fund, including the 
beginning balance, receipts, refunds to appropriations, transfers to 
the general fund, and the ending balance.

Sec. 317. Immigration User Fee Account

  (a) Establishment.--There is a separate account in the Treasury known 
as the ``Immigration User Fee Account''.
  (b) Refunds.--(1) The Secretary of the Treasury shall refund out of 
the Account to any appropriation the amount paid out of that 
appropriation for expenses incurred by the Attorney General in--
          (A) providing immigration inspection and preinspection 
        services for a commercial vessel or aircraft;
          (B) providing overtime, Sunday, or holiday immigration 
        inspection services for a commercial vessel or aircraft;
          (C) administering debt recovery, including establishing and 
        operating a national collections office;
          (D) expanding, operating, and maintaining information systems 
        for nonimmigrant control and debt collection;
          (E) detecting fraudulent documents used by passengers 
        traveling to the United States;
          (F) providing detention and deportation services for an 
        excludable alien--
                  (i) arriving on a commercial vessel or aircraft; or
                  (ii) attempting to enter illegally by avoiding 
                immigration inspection at an air or sea port of entry; 
                and
          (G) providing exclusion and asylum proceedings at an air or 
        sea port of entry for an excludable alien--
                  (i) arriving on a commercial vessel or aircraft, 
                including providing exclusion proceedings resulting 
                from presentation of fraudulent documentation or 
                failure to present documentation; or
                  (ii) attempting to enter illegally by avoiding 
                immigration inspection at an air or sea port of entry.
  (2) Amounts required to be refunded under paragraph (1) of this 
subsection shall be refunded at least quarterly on the basis of 
estimates, made by the Attorney General, of the expenses referred to in 
paragraph (1). Proper adjustments shall be made in the amounts 
subsequently refunded under paragraph (1) to the extent prior estimates 
were more or less than the amount required to be refunded.
  (c) Deposits.--The following shall be deposited in the Account:
          (1) fees collected under section 6909 of this title.
          (2) civil penalties collected under sections 10120, 10122, 
        and 10123 of this title.
          (3) liquidated damages and expenses collected under this 
        title.
  (d) Availability of Amounts.--Amounts deposited in the Account under 
subsection (c)(1) of this section remain available until expended.
  (e) Reports.--(1) At the end of each 2-year period beginning with the 
establishment of the Account, the Attorney General, following a public 
regulatory proceeding with notice and an opportunity for comment, shall 
submit a report to Congress--
          (A) describing the status of the Account, including the 
        balance; and
          (B) recommending any change in the fee specified in section 
        6909(a) of this title to ensure that amounts collected from the 
        fee for the succeeding 2 years equal, as closely as possible, 
        the cost of providing the services for which the fee is 
        charged.
  (2) In addition to the reporting requirement under paragraph (1) of 
this subsection, the Attorney General shall submit to Congress not 
later than March 31 of each year a statement showing--
          (A) the financial condition of the Account, including the 
        beginning balance, revenues, withdrawals and their purpose, the 
        ending balance, projections for the next fiscal year, and a 
        complete workload analysis showing on a port-by-port basis the 
        current and projected need for inspectors; and
          (B) the success rate of the Immigration and Naturalization 
        Service in meeting the 45-minute inspection standard imposed by 
        section 309 of this title, detailed statistics on the number of 
        passengers inspected within the standard, progress being made 
        to expand the use of United States citizen by-pass, the number 
        of passengers for whom the standard is not met and the length 
        of their delay, locational breakdown of these statistics, and 
        the steps being taken to correct any nonconformity.

Sec. 318. Immigration Examinations Fee Account

  (a) Establishment.--There is a separate account in the Treasury known 
as the ``Immigration Examinations Fee Account''.
  (b) Use of Amounts.--Amounts in the Account are available to the 
Attorney General to reimburse any appropriation by the amount paid from 
that appropriation for expenses in--
          (1) providing immigration adjudication and naturalization 
        services; and
          (2) collecting, safeguarding, and accounting for fees 
        deposited in, and amounts reimbursed from, the Account.
  (c) Deposits.--Immigration adjudication fees designated by the 
Attorney General by regulation shall be deposited in the Account, 
whether collected directly by the Attorney General or through clerks of 
courts. However, fees the Attorney General receives from applicants 
residing in the Virgin Islands or Guam shall be paid to the treasury of 
the Virgin Islands or the treasury of Guam, respectively.
  (d) Availability of Amounts.--Amounts deposited in the Account remain 
available to the Attorney General until expended.
  (e) Reports.--The Attorney General shall submit annually to Congress 
a statement on the financial condition of the Account, including the 
beginning balance, revenues, withdrawals, the ending balance, and 
projections for the next fiscal year.

Sec. 319. Land border inspection fees

  (a) Fee Authority.--The Attorney General may continue, only on the 
northern border of the United States, the land border inspection fee 
pilot project authorized under section 286(q) of the Immigration and 
Nationality Act. The project may include commuter lanes to be made 
available to qualified citizens of the United States and aliens, as the 
Attorney General decides. Fees collected under this subsection shall be 
deposited in the Account established under subsection (b)(1) of this 
section.
  (b) Land Border Inspection Fee Account.--(1) There is a separate 
account in the Treasury known as the ``Land Border Inspection Fee 
Account''.
  (2) At least quarterly, the Secretary of the Treasury shall refund 
out of the Account to any appropriation amounts for expenses incurred 
in providing inspection services at land border places of entry on the 
northern border of the United States, including expenses of--
          (A) providing overtime inspection services;
          (B) expanding, operating, and maintaining information systems 
        for nonimmigrant control;
          (C) employing additional permanent and temporary inspectors;
          (D) minor construction costs associated with the addition of 
        new traffic lanes (with the concurrence of the Administrator of 
        General Services);
          (E) detecting fraudulent documents used by passengers 
        traveling to the United States; and
          (F) administering the Account.
  (3) Amounts required to be refunded from the Account for each fiscal 
year shall be refunded in accordance with estimates made in the budget 
request of the Attorney General for that fiscal year. However, any 
proposed change in the amount designated in the budget request may be 
made only after notification to the Committees on Appropriations of the 
House of Representatives and the Senate under section 606 of the 
Departments of Commerce, Justice, and State, the Judiciary, and Related 
Agencies Appropriations Act, 1990 (Public Law 101-162, 103 Stat. 1031).
  (c) Availability of Amounts.--Amounts deposited in the Account remain 
available until expended.
  (d) Reports.--(1) The Attorney General shall submit annually to 
Congress a statement on the financial condition of the Account, 
including the beginning balance, revenues, withdrawals, the ending 
balance, and projections for the next fiscal year.
  (2) The Attorney General shall submit quarterly to Congress a status 
report on the project.
  (e) Expiration.--This section expires on September 30, 1996.

Sec. 320. Advisory committee on inspection services

  (a) Establishment.--The Attorney General shall establish an advisory 
committee consisting of representatives from air carriers and other 
modes of transportation that may be subject to a fee authorized by law 
or proposed by the Immigration and Naturalization Service to cover 
expenses incurred by the Service.
  (b) Meetings and Advice.--The advisory committee shall meet on a 
periodic basis and advise the Attorney General on issues related to the 
performance of the inspection services of the Immigration and 
Naturalization Service. This advice shall include such issues as the 
time periods during which the services should be performed, the proper 
number and deployment of inspection officers, the level of fees, and 
the appropriateness of any proposed fee. The Attorney General shall 
give substantial consideration to the views of the committee.

Sec. 321. Immigration emergency fund

  (a) Establishment.--There is an immigration emergency fund in the 
Treasury.
  (b) Uses.--(1) Amounts in the fund may be used--
          (A) to provide for an increase in border patrol or other 
        enforcement activities of the Immigration and Naturalization 
        Service;
          (B) to reimburse State and local governments for providing 
        assistance requested by the Attorney General in meeting an 
        immigration emergency, but only if the President has decided 
        that an emergency exists and has certified the existence of the 
        emergency to the Committees on the Judiciary of the House of 
        Representatives and the Senate; and
          (C) subject to paragraphs (2)-(4) of this subsection, to 
        reimburse State and local governments for providing assistance 
        required by the Attorney General, without the need for a 
        decision by the President that an emergency exists--
                  (i) when a district director of the Service certifies 
                to the Commissioner of Immigration and Naturalization 
                that the number of asylum applications filed in the 
                director's district during a calendar quarter is at 
                least 1,000 more than the number of asylum applications 
                filed in that district during the prior calendar 
                quarter;
                  (ii) when the lives, property, safety, or welfare of 
                the residents of a State or locality are endangered; or
                  (iii) in other circumstances that the Attorney 
                General decides.
  (2) Providing parole at a place of entry in a district shall be 
counted, under paragraph (1)(C)(i) of this subsection, as filing an 
application for asylum in that district.
  (3) Not more than $20,000,000 may be made available for all State and 
local governments under paragraph (1)(C) of this subsection.
  (4) A State or local government seeking reimbursement under paragraph 
(1)(C) of this subsection must file an application with the Attorney 
General. The Attorney General shall make a decision on the application 
not later than 15 days after receiving the application.
  (c) Authorization of Appropriations.--An amount may be appropriated 
to the fund each fiscal year so that the balance in the fund is 
$35,000,000.

Sec. 322. Reports

  (a) Reports on Certain Nonimmigrants.--Not later than April 1 of each 
year, the Attorney General shall submit to the Committees on the 
Judiciary of the House of Representatives and the Senate a report 
describing for each class under sections 2313-2316, 2318-2320, and 2325 
of this title the following:
          (1) the number of petitions filed.
          (2) the number of petitions approved and the number of 
        workers (by occupation) included in the approved petitions.
          (3) the number of petitions denied and the number of workers 
        (by occupation) requested in the denied petitions.
          (4) the number of petitions withdrawn.
          (5) the number of petitions pending final action.
  (b) Reports on Naturalization Statistics.--(1) The Attorney General 
shall prepare annually, from the records of the Immigration and 
Naturalization Service, a report in statistical form with analytical 
comment. The report shall show by nationality--
          (A) the relation between the number of aliens seeking 
        citizenship of the United States and the number of aliens 
        arriving each year;
          (B) the relation between the number of aliens seeking 
        citizenship of the United States and the prevailing census 
        populations of the foreign born; and
          (C) the economic, vocational, and other classifications of 
        aliens seeking citizenship of the United States.
  (2) Payment for the equipment used in preparing the report under this 
subsection shall be made from the appropriation ``Immigration and 
Naturalization Service--Salaries and Expenses''.

Sec. 323. Information system on impact of immigration laws

  (a) Establishment.--In consultation with interested academicians, 
governmental authorities, and other parties, the Attorney General shall 
provide for a system to collect and disseminate information not in 
individually identifiable form that is useful in evaluating the social, 
economic, environmental, and demographic impact of the immigration 
laws.
  (b) Type of Information To Be Collected and Disseminated.--
Information collected under subsection (a) of this section shall 
include information on--
          (1) the alien population in the United States;
          (2) the rates of naturalization and emigration of resident 
        aliens;
          (3) aliens who have been admitted, paroled, or granted 
        asylum;
          (4) nonimmigrants in the United States (by occupation, basis 
        for admission, and length of stay);
          (5) aliens who have been excluded or deported from the United 
        States;
          (6) the number of applications filed and granted for 
        suspension of deportation; and
          (7) the number of aliens estimated to be present unlawfully 
        in the United States in each fiscal year.
  (c) Frequency of Collection and Dissemination and Recipients of 
Information.--The system shall provide that information be collected 
and disseminated at least annually to Congress and the public.
  (d) Report.--The Attorney General shall submit annually to Congress a 
report containing--
          (1) a summary of information collected under subsection (a) 
        of this section;
          (2) an analysis of trends in immigration and naturalization; 
        and
          (3) information on the number, and rate of denial 
        administratively, of applications for naturalization, for each 
        district office of the Immigration and Naturalization Service 
        and by national origin group.

                   SUBCHAPTER II--DEPARTMENT OF STATE

Sec. 331. General authority of the Secretary of State

  (a) General Authority.--The Secretary of State shall carry out the 
provisions of this title, and other immigration and nationality laws, 
related to--
          (1) duties and powers of the Bureau of Consular Affairs;
          (2) duties and powers of diplomatic and consular officers, 
        except duties and powers of consular officers related to 
        granting and refusing visas; and
          (3) a decision about the nationality of an individual not in 
        the United States.
  (b) Delegation to Other Agencies.--In carrying out this title, the 
Secretary, with the consent of the head of an agency, may require or 
authorize an officer or employee of the agency to carry out a duty or 
power of an officer or employee of the Department of State.

Sec. 332. Bureau of Consular Affairs

  (a) Organization.--The Bureau of Consular Affairs is a bureau in the 
Department of State.
  (b) Assistant Secretary for Consular Affairs.--The head of the Bureau 
is the Assistant Secretary of State for Consular Affairs. The Assistant 
Secretary must be a citizen of the United States and be qualified by 
experience.
  (c) General Authority of the Assistant Secretary.--The Assistant 
Secretary shall--
          (1) carry out duties and powers prescribed by the Secretary 
        of State;
          (2) maintain close liaison with the appropriate committees of 
        Congress to advise them on the administration of this title by 
        consular officers; and
          (3) maintain direct and continuous liaison with the 
        Commissioner of Immigration and Naturalization to carry out the 
        immigration and nationality laws in a coordinated, uniform, and 
        efficient way.
  (d) Offices of the Bureau.--(1) The Bureau has a Passport Office, a 
Visa Office, and other offices the Secretary decides are appropriate. 
The head of each office is a director. The Directors of the Passport 
Office and the Visa Office must be experienced in carrying out the 
immigration and nationality laws.
  (2) The Passport Office carries out laws related to granting 
passports. The Visa Office carries out immigration laws related to 
granting visas.
  (3) The Visa Office has a General Counsel appointed by the Secretary. 
The General Counsel serves under the general direction of the Legal 
Adviser of the Department. The General Counsel may maintain liaison 
with the appropriate officers of the Immigration and Naturalization 
Service to achieve a uniform interpretation of this title.

Sec. 333. Sharing information about foreign traffickers in controlled 
substances

  To ensure that foreign traffickers in controlled substances are 
denied visas to enter the United States (as required by section 
6307(a)(3) of this title)--
          (1) the Secretary of State shall cooperate with United States 
        law enforcement agencies, including the Drug Enforcement 
        Administration and the Customs Service, in establishing a 
        comprehensive information system on all drug arrests of foreign 
        nationals in the United States so that the information can be 
        communicated to the appropriate United States embassies; and
          (2) the National Drug Enforcement Policy Board shall agree on 
        uniform guidelines that would permit the sharing of information 
        of foreign traffickers in controlled substances.

                     SUBCHAPTER III--MISCELLANEOUS

Sec. 341. Liaison with internal security officers

  To exchange information for use in enforcing this title in the 
interest of the internal security of the United States, the 
Commissioner of Immigration and Naturalization and the Assistant 
Secretary of State for Consular Affairs may maintain direct and 
continuous liaison with the Directors of the Federal Bureau of 
Investigation and Central Intelligence and with other internal security 
officers of the United States Government.

Sec. 342. Confidentiality of records and proof of nonexistence

  (a) Confidentiality of Visa and Permit Records.--A record of the 
Department of State or of a diplomatic or consular office related to 
granting or refusing a visa or permit to enter the United States is 
confidential. The record may be used only in developing, changing, or 
carrying out a law of the United States. However, the Secretary of 
State may provide a certified copy of the record to a court if the 
court certifies that it needs the record in the interest of justice in 
a case pending before the court.
  (b) Proof of Nonexistence of Record.--A certification by the Attorney 
General, or by an officer or employee of the Immigration and 
Naturalization Service designated by the Attorney General, that a 
diligent search of the records of the Service has failed to disclose a 
particular record is admissible in any proceeding as evidence that the 
records of the Service do not contain the record.

Sec. 343. Disposition of receipts

  Except as otherwise provided by this title, an amount received in 
payment of a fee or administrative penalty shall be deposited in the 
Treasury as miscellaneous receipts. However, a fee received from an 
applicant residing in the Virgin Islands or Guam and paid under section 
2125 of this title shall be paid to the treasury of the Virgin Islands 
or the treasury of Guam, respectively.

Sec. 344. Triennial immigration-impact report

  (a) Reporting Requirement.--The President shall submit a 
comprehensive immigration-impact report to Congress not later than 
January 1, 1989, and not later than January 1 of each 3d year 
thereafter.
  (b) Content.--Each report shall include--
          (1) the number and classification of aliens admitted and to 
        be admitted (whether as immediate relatives, special 
        immigrants, refugees, preference immigrants, or nonimmigrants), 
        paroled and to be paroled, and granted and to be granted asylum 
        during the periods specified in subsection (c) of this section;
          (2) a reasonable estimate of the number of aliens who entered 
        and will enter the United States during those periods without 
        visas or who became or will become deportable during those 
        periods under chapter 65 of this title; and
          (3) a description of the impact of--
                  (A) admissions and other entries of immigrants, 
                refugees, asylees, and parolees into the United States 
                during those periods on the economy, labor and housing 
                markets, educational system, social services, foreign 
                policy, environmental quality and resources, and rate, 
                size, and distribution of population growth in the 
                United States; and
                  (B) high rates of immigration resettlement on State 
                and local governments.
  (c) History and Projections.--In each report, the information 
referred to in subsection (b) of this section shall be--
          (1) described for the prior 3-year period; and
          (2) projected for the next 5-year period, based on reasonable 
        estimates substantiated by the best available evidence.
  (d) Recommendations.--The President also may include recommendations 
on changes in numerical limitations or other policies under subtitles 
II and III of this title affecting the admission and entry of aliens 
into the United States.

Sec. 345. Setting immigration adjudication and naturalization fees

  Fees for providing immigration adjudication and naturalization 
services may be set at a level that will ensure recovery of--
          (1) the costs of providing those services;
          (2) the costs of providing similar services without charge to 
        asylum applicants or other immigrants; and
          (3) any additional costs associated with the administration 
        of the fees collected.

              CHAPTER 5--PASSPORTS AND TRAVEL REQUIREMENTS

                         SUBCHAPTER I--PASSPORTS

Sec.
501.  Individuals eligible for passports.
502.  Granting and verifying passports.
503.  Validity and use.
504.  Passport fees.
505.  Limitation on acquiring paper for passports.

                   SUBCHAPTER II--TRAVEL REQUIREMENTS

511.  Travel document requirements.
512.  Certain rights to enter or leave unaffected.
513.  Records about residents permanently leaving the United States.
514.  Travel restrictions on citizens of foreign countries.

                        SUBCHAPTER I--PASSPORTS

Sec. 501. Individuals eligible for passports

  (a) Nationals of the United States.--A passport may be granted only 
to, or verified only for, a national of the United States.
  (b) Applications.--An individual may be granted a passport only if 
the individual submits a signed application containing all information 
required by law and regulations. If the individual previously has not 
been granted a United States passport, the application must be executed 
under oath before an individual authorized by the Secretary of State to 
administer oaths.

Sec. 502. Granting and verifying passports

  (a) Individuals Authorized To Grant and Verify.--Under regulations 
prescribed by the President, the Secretary of State may--
          (1) grant and verify passports; and
          (2) authorize only the following to grant and verify 
        passports:
                  (A) the chief executive officer of a territory or 
                possession of the United States.
                  (B) in a foreign country, diplomatic representatives 
                of the United States, consuls general, consuls, and 
                vice consuls when in charge.
  (b) Reports.--As required by the Secretary, an individual granting or 
verifying a passport shall report to the Secretary--
          (1) the granting or verifying of the passport; and
          (2) the information contained in the passport.

Sec. 503. Validity and use

  (a) Period of Validity.--A passport is valid for 10 years from the 
date it is granted. However, the Secretary may limit the validity of a 
passport to a shorter period in an individual case or on a general 
basis by regulation.
  (b) Restrictions on Travel or Use.--(1) Except as provided by 
paragraph (2) of this subsection or another law, a passport may not be 
designated as restricted for travel to, or use in, any country.
  (2) A passport may be designated as restricted for travel to, or use 
in, a country--
          (A) with which the United States is at war;
          (B) in which armed hostilities are in progress; or
          (C) in which there is imminent danger to the public health or 
        physical safety of United States travelers.

Sec. 504. Passport fees

  (a) Establishing Fees.--The Secretary of State shall prescribe by 
regulation the fee for a passport and the fee for executing a passport 
application. However, the following individuals are exempt from paying 
the passport fee and, when executing the application before an officer 
or employee of the United States Government, from paying the execution 
fee:
          (1) an officer or employee of the Government going outside 
        the United States on official business, and a member of the 
        immediate family of the officer or employee.
          (2) a sailor needing a passport for service on a vessel of 
        the United States.
          (3) a widow, child, parent, brother, or sister of a deceased 
        member of the armed forces of the United States going outside 
        the United States to visit the member's grave.
  (b) Collection and Retention of Application Fees.--The Secretary by 
regulation may--
          (1) authorize an official of a State to collect and retain 
        the fee for each passport application executed before the 
        official; and
          (2) transfer to the United States Postal Service the fee for 
        each application executed before the Service.
  (c) Deposits in the Treasury.--Except for fees retained or 
transferred under subsection (b) of this section, fees collected under 
this section shall be deposited in the Treasury.
  (d) Refunds.--(1) The Secretary may refund a passport fee--
          (A) paid by an individual exempt from payment under 
        subsection (a) of this section; or
          (B) paid to an officer or employee of the Government by an 
        individual granted a passport who is refused a visa in the 
        United States by the appropriate officer of a government of a 
        foreign country if the individual within 6 months from the date 
        the passport is granted makes a written request and returns the 
        unused passport.
  (2) Amounts are appropriated to the Secretary to make refunds under 
paragraph (1)(B) of this subsection.
  (e) Fees Used for Machine-Readable Passports and Visas.--
Notwithstanding another law and to the extent provided by an 
appropriation law, not more than $5,000,000 in passport fees collected 
by the Secretary of State may be credited each fiscal year to a 
Department of State account. Amounts credited to the account are 
available only for costs associated with acquiring and producing 
machine-readable United States passports and visas and compatible 
reading equipment. Amounts credited under this subsection remain 
available until expended.

Sec. 505. Limitation on acquiring paper for passports

  Amounts may not be used to acquire paper for passports if--
          (1) the paper is manufactured outside the United States and 
        the territories and possessions of the United States or would 
        be acquired from an entity owned or controlled by a person that 
        is not a citizen of the United States; and
          (2) a domestic manufacturer for paper for passports exists.

                   SUBCHAPTER II--TRAVEL REQUIREMENTS

Sec. 511. Travel document requirements

  (a) Definitions.--In this section--
          (1) ``permit'' means a passport, visa, reentry permit, or 
        other document used to enter or leave the United States.
          (2) ``person'', in addition to its meaning under section 1 of 
        title 1, includes a governmental entity.
          (3) ``United States'' includes all territory and waters 
        subject to the jurisdiction of the United States.
  (b) Entering or Leaving the United States.--(1) Subject to conditions 
and exceptions prescribed by the President, a citizen of the United 
States may enter or leave, or attempt to enter or leave, the United 
States only if the citizen has a valid passport.
  (2) An alien may enter or leave, or attempt to enter or leave, the 
United States only under regulations prescribed or orders issued by the 
President.
  (c) Other Restrictions.--Unless otherwise ordered by the President, a 
person may not--
          (1) transport or attempt to transport an individual into or 
        out of the United States if the person has reason to believe 
        that the entry or departure is prohibited by this section;
          (2) knowingly make a false statement in an application for a 
        permit with the intent to have the permit granted for any 
        individual;
          (3) knowingly give, attempt to give, or assist in giving an 
        individual a permit not intended for the individual;
          (4) knowingly use or attempt to use a permit not granted or 
        intended for that person;
          (5) forge, change, or mutilate a permit, or have a permit 
        forged, changed, or mutilated; or
          (6) knowingly use, attempt to use, or give to another for 
        use, a permit that is forged, changed, mutilated, or invalid.
  (d) Aliens Otherwise Inadmissible.--This title does not entitle an 
alien to enter the United States if the alien is granted a permit but 
otherwise is inadmissible.
  (e) Revocation of Regulation or Order.--Revocation of a regulation 
prescribed or order issued under this section does not prevent 
prosecution, or imposition of penalties, for violation of the 
regulation or order before it was revoked.

Sec. 512. Certain rights to enter or leave unaffected

  This title does not affect the rights of the following individuals to 
enter or leave the United States:
          (1) an American Indian born in Canada who is at least 50 
        percent of American Indian descent.
          (2) an alien member of the armed forces of the United States 
        entering or leaving the United States under orders or with 
        permission when the member is in uniform or carrying 
        identification as a member of the armed forces.

Sec. 513. Records about residents permanently leaving the United States

  The Attorney General may authorize an immigration officer to record 
the following information about a resident of the United States leaving 
the United States through Canada or Mexico for permanent residence in a 
foreign country:
          (1) name.
          (2) race, age, and sex.
          (3) country of birth.
          (4) marital status.
          (5) occupation.
          (6) whether the resident can read or write.
          (7) nationality.
          (8) country of which the resident is a citizen or subject.
          (9) last permanent residence in the United States.
          (10) intended future permanent residence.
          (11) time and port of last entry into the United States.
          (12) if the resident claims to be a national of the United 
        States, facts on which the claim is based.

Sec. 514. Travel restrictions on citizens of foreign countries

  (a) General Policy.--(1) To carry out the general principles of the 
Final Act of the Conference on Security and Cooperation in Europe 
emphasizing the lowering of international barriers to the free movement 
of people and ideas and in accordance with the Vienna Convention on 
Diplomatic Relations establishing the legal principles of 
nondiscrimination and reciprocity, it is the general policy of the 
United States to impose restrictions on travel within the United States 
by citizens of a foreign country only when the government of that 
foreign country imposes restrictions on travel by citizens of the 
United States within that country.
  (2) This subsection does not limit a restriction on travel within the 
United States that the United States Government, on a reciprocal basis, 
imposes on an official of a government of a foreign country.
  (b) Conveyance of Policy and Elimination of Restrictions.--The 
Secretary of State shall--
          (1) ensure that the policy of subsection (a) of this section 
        is conveyed clearly to the government of a foreign country 
        imposing travel restrictions on citizens of the United States; 
        and
          (2) seek the elimination, on a mutual and reciprocal basis, 
        of travel restrictions imposed by that government and by the 
        United States Government on each other's citizens.

                    CHAPTER 7--GENERAL MISCELLANEOUS

Sec.
701.  Certain treaties unaffected.
702.  Construing references to organizations about advocating overthrow 
          of United States Government.

Sec. 701. Certain treaties unaffected

  Except as provided by section 20702(c) of this title, this title does 
not affect a treaty ratified by the Senate before December 25, 1952.

Sec. 702. Construing references to organizations about advocating overthrow 
of United States Government

  A reference in this title to an organization may not be construed as 
a declaration that the organization does not advocate the overthrow of 
the United States Government by unconstitutional means.

SUBTITLE II--ALIENS

                         PART A--NONIMMIGRANTS

Chapter                                                             Sec.

ADMISSION AND DOCUMENTATION.........................................2101
CLASSIFICATIONS.....................................................2301
TEMPORARY AGRICULTURAL WORKERS......................................2501
ALIEN CREWMEMBERS...................................................2701
FACILITIES EMPLOYING REGISTERED NURSES..............................2901

                           PART B--IMMIGRANTS

NUMERICAL LIMITATIONS...............................................4101
PETITIONS AND DOCUMENTATION.........................................4301
CONDITIONAL PERMANENT RESIDENT STATUS...............................4501

                            PART C--REFUGEES

ADMISSIONS..........................................................5101

               PART D--ENTRY, EXCLUSION, AND DEPORTATION

ARRIVAL, INSPECTION, AND ADMISSION..................................6101
EXCLUSION...........................................................6301
DEPORTATION OF ALIENS IN THE UNITED STATES..........................6501
TEMPORARY PROTECTED STATUS..........................................6701
REGULATION OF PERSONS PROVIDING TRANSPORTATION......................6901

            PART E--ADDITIONAL REQUIREMENTS AND LIMITATIONS

REGISTRATION AND FINGERPRINTING.....................................8101
MISCELLANEOUS.......................................................8301

              PART F--CHANGE OF STATUS AND CLASSIFICATION

CHANGE OF STATUS AND CLASSIFICATION.................................9101
CHANGE OF STATUS FOR CERTAIN ALIENS WHO ENTERED THE UNITED STATES BEFORE 
1982................................................................9301

                           PART G--PENALTIES

PENALTIES..........................................................10101

PART A--NONIMMIGRANTS

                CHAPTER 21--ADMISSION AND DOCUMENTATION

                         SUBCHAPTER I--ADMISSION

Sec.
2101.  Admission.
2102.  Presumption.
2103.  Application of certain provisions to diplomats.

                      SUBCHAPTER II--DOCUMENTATION

2121.  Documentation requirements.
2122.  Applications for nonimmigrant visas and registration.
2123.  Granting nonimmigrant visas and other documentation.
2124.  Period of validity and revocation.
2125.  Fees.
2126.  Burden of proof.
2127.  Visa waiver pilot program.

                        SUBCHAPTER I--ADMISSION

Sec. 2101. Admission

  Except as otherwise provided, an alien may be admitted to the United 
States as a nonimmigrant for the time and under conditions the Attorney 
General prescribes by regulation. The Attorney General may require the 
alien to file a bond or undertaking, in the amount and containing 
conditions the Attorney General prescribes, to ensure that the alien 
will leave the United States when--
          (1) the time for which the alien is admitted expires; or
          (2) the alien does not remain a member of the nonimmigrant 
        class under which the alien was admitted or to which the 
        Attorney General changes the alien under section 9108 of this 
        title.

Sec. 2102. Presumption

  An alien (except a nonimmigrant classified under section 2313, 2317, 
or 2325 of this title) is presumed to be an immigrant until the alien 
satisfies the consular officer, at the time of application for a visa, 
and the immigration officer, at the time of application for admission, 
that the alien qualifies as a nonimmigrant.

Sec. 2103. Application of certain provisions to diplomats

  Except as otherwise provided by this title, those provisions of this 
title related to ineligibility for a visa and exclusion or deportation 
of an alien do not apply to a nonimmigrant described by--
          (1) section 2301(1) of this title, except that the 
        nonimmigrant is subject--
                  (A) to those provisions requiring a passport and visa 
                for identification and proof of the nonimmigrant's 
                classification under that section; and
                  (B) under regulations prescribed by the President, to 
                section 6308(a)-(c) of this title; or
          (2) section 2301(2) or 2302(1)-(5) of this title, except that 
        the nonimmigrant is subject to--
                  (A) those provisions requiring a passport and visa 
                for identification and proof of the nonimmigrant's 
                classification under one of those sections; and
                  (B) section 6308(a)-(c) of this title.

                      SUBCHAPTER II--DOCUMENTATION

Sec. 2121. Documentation requirements

  (a) General.--Except as provided by this section and section 2127 of 
this title, an alien classified as a nonimmigrant under chapter 23 of 
this title may be admitted to the United States only if, when applying 
for admission, the nonimmigrant has--
          (1) a passport that--
                  (A) is valid for at least 6 months after the last day 
                of the alien's initial period of admission or 
                contemplated initial period of admission; and
                  (B) authorizes the alien during those 6 months to 
                return to the foreign country from which the alien came 
                or to enter another foreign country; and
          (2) a nonimmigrant visa or border crossing identification 
        card at the time of applying for admission.
  (b) General Waivers.--The Attorney General and the Secretary of State 
jointly may waive a requirement of subsection (a) of this section--
          (1) in an individual case because of an unforeseen emergency;
          (2) on a reciprocal basis, for nationals of foreign 
        contiguous territory or of adjacent islands and for residents 
        of that territory or islands who have a common nationality with 
        those nationals; and
          (3) for an alien proceeding in immediate and continuous 
        travel through the United States on a carrier operating under a 
        contract authorized by section 6905(b)(1)(B) of this title.
  (c) Waivers for Visitors to Guam.--(1) The Attorney General, the 
Secretary of State, and the Secretary of the Interior jointly may waive 
subsection (a) of this section for an alien applying for admission as a 
nonimmigrant visitor under section 2303 of this title, but only for 
entry into and stay on Guam for not more than 15 days, if they jointly 
decide, after consulting with the Governor of Guam, that--
          (A) an adequate arrival and departure control system has been 
        developed on Guam; and
          (B) the waiver does not represent a threat to the welfare, 
        safety, or security of the United States or its territories or 
        possessions.
  (2) An alien may be granted a waiver under this subsection only if 
the alien waives any right--
          (A) to a review or appeal under this title of an immigration 
        officer's decision on the admissibility of the alien at the 
        port of entry into Guam; or
          (B) to contest (except on the basis of an application for 
        asylum) an action for deportation against the alien.
  (3) An alien admitted to Guam without a visa under this subsection 
may not--
          (A) stay in Guam for more than 15 days after the date of 
        admission to Guam; or
          (B) enter or stay in the United States under that admission, 
        except in Guam.
  (4) If adequate appropriated amounts to carry out this subsection are 
not available, the Attorney General may accept amounts tendered by the 
government of Guam to cover any part of the cost of carrying out this 
subsection.

Sec. 2122. Applications for nonimmigrant visas and registration

  (a) Application Requirements.--An alien applying for a nonimmigrant 
visa must apply in the way prescribed by regulation. The application 
must contain the following information about the alien:
          (1) the complete true name of the alien.
          (2) a personal description, including height, complexion, 
        color of hair and eyes, and marks of identification.
          (3) the date and place of birth.
          (4) nationality.
          (5) marital status.
          (6) the purpose in going to the United States.
          (7) the period of intended stay in the United States.
          (8) additional information prescribed by regulation that is 
        necessary to identify the alien and enforce the immigration and 
        nationality laws.
  (b) Additional Requirements.--An alien applying for a nonimmigrant 
visa must--
          (1) register as provided by chapter 81 of this title when 
        applying for the visa;
          (2) if required by the consular officer to decide whether the 
        alien may receive a visa, take a physical or mental 
        examination, or both; and
          (3) provide the consular officer, with the application, a 
        certified copy of any document about the alien that may be 
        required by regulation.
  (c) Statement About No Entitlement To Enter the United States.--An 
application for a nonimmigrant visa shall inform the applicant that a 
visa or other documentation issued to an alien does not entitle the 
alien to enter the United States if, on arrival at a port of entry, the 
alien is found to be inadmissible.
  (d) Signature and Oath.--Except as otherwise prescribed by 
regulation, an alien must--
          (1) sign an application for a nonimmigrant visa in the 
        presence of a consular officer; and
          (2) take an oath administered by the consular officer 
        verifying the application.
  (e) Disposition of Applications.--An application for a nonimmigrant 
visa or other documentation as a nonimmigrant shall be disposed of as 
prescribed by regulation.

Sec. 2123. Granting nonimmigrant visas and other documentation

  (a) General.--Except as provided by subsection (b) of this section, a 
consular officer may grant a nonimmigrant visa to an eligible 
nonimmigrant who has made a proper application for the visa.
  (b) Prohibitions.--(1) A consular officer may not grant a 
nonimmigrant visa or other documentation to an alien if--
          (A) the alien is required to be registered under section 
        8101(a)(1) of this title and is not registered;
          (B) the alien's application does not comply with this title 
        or regulations prescribed under this title; or
          (C) the alien is excludable from admission to the United 
        States; or
          (D) the consular officer has reason to believe the alien is 
        ineligible for the visa or other documentation.
  (2) Notwithstanding paragraph (1)(D) of this subsection, a consular 
officer may grant a nonimmigrant visa or other documentation to--
          (A) an alien to whom section 6304(a) of this title applies 
        if--
                  (i) the alien otherwise may receive the visa or other 
                documentation; and
                  (ii) the consular officer receives notice from the 
                Attorney General that the alien filed a bond or 
                undertaking under section 6304(b) of this title; or
          (B) an alien applying as a nonimmigrant under section 2303 or 
        2310 of this title if the alien otherwise may receive the visa 
        or other documentation, and the consular officer receives 
        notice from the Attorney General that the alien filed a bond or 
        undertaking, in the amount and containing conditions the 
        consular officer prescribes, to ensure that the alien will 
        leave the United States when--
                  (i) the time for which the alien is admitted expires; 
                or
                  (ii) the alien does not remain a member of the 
                nonimmigrant class under which the alien was admitted 
                or to which the Attorney General changes the alien 
                under section 9108 of this title.
  (c) Form and Content of Visas.--Except as otherwise prescribed by 
regulation, the granting of a nonimmigrant visa shall be shown by a 
stamp placed by a consular officer in the alien's passport. The visa 
shall specify--
          (1) the alien's nonimmigrant classification under chapter 23 
        of this title;
          (2) the expiration date of the visa; and
          (3) additional information that may be required.

Sec. 2124. Period of validity and revocation

  (a) Period of Validity.--A nonimmigrant visa is valid for the period 
prescribed by regulation. In prescribing the period of validity, the 
Secretary of State, to the extent practicable, shall treat nationals of 
a foreign country the same as the government of that country treats 
nationals of the United States within a similar class.
  (b) Revocation.--A consular officer or the Secretary may revoke a 
visa or other documentation issued to a nonimmigrant. A revocation 
invalidates the visa or documentation from the date the visa or 
documentation was granted. The Attorney General shall be notified of 
each revocation.

Sec. 2125. Fees

  The Secretary of State shall prescribe fees for providing and 
verifying a nonimmigrant visa application for, and granting a 
nonimmigrant visa to, a nonimmigrant of each foreign country. If 
practicable, the total amount of the fees shall correspond to the total 
of all visa, entry, residence, or similar fees the country imposes on 
nationals of the United States. An alien described by section 11 of the 
Agreement Between the United Nations and the United States of America 
Regarding the Headquarters of the United Nations (61 Stat. 761) and 
traveling to or from the headquarters district of the United Nations 
shall be granted a nonimmigrant visa without charge.

Sec. 2126. Burden of proof

  An individual applying for a nonimmigrant visa or other documentation 
required for entering the United States as a nonimmigrant has the 
burden of proving that the individual is eligible to be granted the 
visa or documentation. A consular officer may grant the visa or 
documentation only if satisfied that the individual is eligible to 
receive the visa or documentation.

Sec. 2127. Visa waiver pilot program

  (a) Establishment of Program.--The Attorney General and the Secretary 
of State jointly may maintain a pilot program for the fiscal years 
ending September 30, 1989-1994, under which they jointly may waive 
section 2121(a)(2) of this title for an alien eligible for a waiver 
under subsection (c) of this section.
  (b) Designation of Pilot Program Countries.--(1) The Attorney General 
and the Secretary jointly may designate any foreign country as a pilot 
program country if the government of that country extends (or agrees to 
extend) reciprocal privileges to nationals of the United States and 
meets the requirements of paragraphs (2) and (3) of this subsection. A 
designation is only for a fiscal year.
  (2) Subject to paragraph (3) of this subsection, a country may be 
designated as a pilot program country only if--
          (A) the average number of refusals of nonimmigrant visitor 
        visas for nationals of that country during the prior 2 fiscal 
        years was less than 2 percent of the number of nonimmigrant 
        visitor visas for nationals of that country that were granted 
        or refused during those years;
          (B) the average number of refusals of nonimmigrant visitor 
        visas for nationals of that country during either of those 2 
        years was less than 2.5 percent of the number of nonimmigrant 
        visitor visas for nationals of that country that were granted 
        or refused during that year;
          (C) the government of that country certifies that it has or 
        is developing a program to issue machine-readable passports to 
        citizens of that country; and
          (D) the Attorney General decides that the law enforcement 
        interests of the United States would not be compromised by the 
        designation of that country.
  (3) A country that was a pilot program country in the prior fiscal 
year may be designated as a pilot program country in a subsequent 
fiscal year of the program only if the total number of nationals 
referred to in clauses (A) and (B) of this paragraph is less than 2 
percent of the number of nationals of that country who applied for 
admission as nonimmigrant visitors during that prior fiscal year:
          (A) the number of nationals of that country who were excluded 
        from admission or withdrew their application for admission 
        during that prior fiscal year as nonimmigrant visitors; plus
          (B) the number of nationals of that country who were admitted 
        as nonimmigrant visitors during that prior fiscal year and who 
        violated a condition of that admission.
  (c) Eligible Aliens.--An alien is eligible for a waiver under the 
program if the alien--
          (1) is applying to be admitted not later than September 30, 
        1994, as a nonimmigrant visitor under section 2303 of this 
        title for not more than 90 days;
          (2) is a national of, and presents a passport issued by, a 
        foreign country designated as a pilot program country under 
        subsection (b) of this section;
          (3) before admission, completes an immigration form 
        prescribed by the Attorney General;
          (4) before being provided a waiver under the program, waives 
        any right--
                  (A) to a review or appeal under this title of an 
                immigration officer's decision on the admissibility of 
                the alien at the port of entry into the United States; 
                or
                  (B) to contest (except on the basis of an application 
                for asylum) an action for deportation against the 
                alien;
          (5) when arriving by air or sea, arrives at the port of entry 
        into the United States on a carrier that has an agreement with 
        the Attorney General to guarantee transportation of the alien 
        out of the United States if the alien is found inadmissable or 
        deportable by an immigration officer;
          (6) has a round-trip transportation ticket unless the 
        Attorney General by regulation waives this requirement;
          (7) is not a threat to the welfare, health, safety, or 
        security of the United States; and
          (8) complied with the conditions of any previous admission 
        without a visa under the program.
  (d) Admission Under Visa Waiver Pilot Program.--An alien admitted to 
the United States under this section without a visa may not stay in the 
United States as a nonimmigrant visitor for more than 90 days after the 
date of admission to the United States.
  (e) Carrier Agreements.--(1) A carrier and the Attorney General may 
make an agreement referred to in subsection (c)(5) of this section 
under which the carrier agrees, in consideration of the waiver of the 
visa requirement for a nonimmigrant visitor under the program--
          (A) to indemnify the United States Government against costs 
        of transporting that visitor from the United States if the 
        visitor is refused admission or remains in the United States 
        unlawfully after the end of the period of admission referred to 
        in subsection (c)(1) of this section;
          (B) to submit each day to immigration officers any 
        immigration forms received about nonimmigrant visitors given a 
        waiver under the program; and
          (C) to be liable, under regulations the Attorney General 
        prescribes, for transporting a national of a pilot program 
        country into the United States without a passport.
  (2) If a carrier does not comply with an agreement made under 
paragraph (1) of this subsection, the Attorney General may end the 
agreement on 5 days' notice to the carrier.
  (f) Denial of Waivers.--Notwithstanding subsections (a)-(c) and (e) 
of this section, the Attorney General and the Secretary jointly may--
          (1) for any reason refuse to waive the visa requirement for a 
        national of a foreign country that otherwise may qualify for 
        designation as a pilot program country under this section; or
          (2) rescind at any time a waiver or designation previously 
        granted under this section.

                      CHAPTER 23--CLASSIFICATIONS

                          SUBCHAPTER I--GENERAL

Sec.
2301.  Officials of governments of foreign countries.
2302.  Representatives to international organizations.
2303.  Visitors for business and pleasure.
2304.  Aliens in immediate and continuous travel.
2305.  Crewmembers.
2306.  Aliens entitled to enter under treaties of commerce and 
          navigation.
2307.  Philippine nationals.
2308.  Media representatives.
2309.  Aliens engaged to marry citizens.
2310.  Students in academic institutions and language training programs.
2311.  Students in nonacademic institutions.
2312.  Participants in programs designated by the Director of the United 
          States Information Agency.
2313.  Aliens employed temporarily in specialty occupations or as 
          fashion models.
2314.  Temporary and seasonal agricultural employees.
2315.  Aliens performing labor or services for which United States 
          workers are unavailable.
2316.  Aliens receiving training.
2317.  Intra-company transferees.
2318.  Aliens with extraordinary ability or with distinction in the 
          arts, motion pictures, or television.
2319.  Athletes and entertainers.
2320.  Participants in international exchange programs.
2321.  Aliens in religious occupations.
2322.  Participants in cooperative research, development, and 
          coproduction projects.
2323.  Participants in special education programs.
2324.  Relatives of special immigrants.
2325.  Registered nurses.

                   SUBCHAPTER II--SPECIAL REQUIREMENTS

2351.  Employer applications for aliens employed temporarily in 
          specialty occupations or as fashion models.
2352.  Advisory opinions for aliens with extraordinary ability or with 
          distinction in the arts, motion pictures, or television.
2353.  Advisory opinions for athletes and entertainers.

                         SUBCHAPTER I--GENERAL

Sec. 2301. Officials of governments of foreign countries

  An alien is classified as a nonimmigrant under this section if the 
alien is--
          (1)(A) an ambassador, public minister, or career diplomatic 
        or consular officer accredited by a government of a foreign 
        country recognized de jure by the United States Government who 
        is accepted by the President or the Secretary of State; or
          (B) a member of the immediate family of the ambassador, 
        minister, or officer;
          (2) on a reciprocal basis--
                  (A) another official or employee accredited by a 
                government of a foreign country recognized de jure by 
                the United States Government who is accepted by the 
                Secretary; or
                  (B) a member of the immediate family of the official 
                or employee; or
          (3) on a reciprocal basis--
                  (A) an attendant, servant, or personal employee of an 
                alien described by clause (1)(A) or (2)(A) of this 
                section; or
                  (B) a member of the immediate family of the 
                attendant, servant, or personal employee.

Sec. 2302. Representatives to international organizations

  An alien is classified as a nonimmigrant under this section if the 
alien is--
          (1)(A) a designated principal resident representative of a 
        government of a foreign country to an international 
        organization if the government is recognized de jure by the 
        United States Government and is a member of the international 
        organization; or
          (B) a member of the immediate family of the representative;
          (2)(A) an accredited resident member of the staff of a 
        representative described by clause (1)(A) of this section; or
          (B) a member of the immediate family of the member;
          (3)(A) an accredited representative (except a representative 
        described by clause (1)(A) of this section) of a government of 
        a foreign country to an international organization if the 
        government is recognized de jure by the United States 
        Government and is a member of the international organization; 
        or
          (B) a member of the immediate family of the representative;
          (4)(A) an alien described by clause (1)(A), (2)(A), or (3)(A) 
        of this section, except that the government of the foreign 
        country is not recognized de jure by the United States 
        Government or is not a member of an international organization; 
        or
          (B) a member of the immediate family of the alien;
          (5)(A) an officer or employee of an international 
        organization; or
          (B) a member of the immediate family of the officer or 
        employee; or
          (6)(A) an attendant, servant, or personal employee of an 
        alien described by clause (1)(A), (2)(A), (3)(A), (4)(A), or 
        (5)(A) of this section; or
          (B) a member of the immediate family of the attendant, 
        servant, or personal employee.

Sec. 2303. Visitors for business and pleasure

  An alien is classified as a nonimmigrant under this section if the 
alien--
          (1) has a residence in a foreign country that the alien has 
        no intention of abandoning; and
          (2) is visiting the United States temporarily for business or 
        pleasure (except to study, to perform skilled or unskilled 
        labor, or to work as a representative of foreign information 
        media).

Sec. 2304. Aliens in immediate and continuous travel

  An alien is classified as a nonimmigrant under this section if the 
alien is--
          (1) in immediate and continuous travel through the United 
        States; or
          (2) entitled to travel between a foreign country and the 
        headquarters district of the United Nations under section 
        11(3), (4), or (5) of the Agreement Between the United Nations 
        and the United States of America Regarding the Headquarters of 
        the United Nations (61 Stat. 761).

Sec. 2305. Crewmembers

  (a) General.--(1) Except as provided by subsection (c) of this 
section, an alien is classified as a nonimmigrant under this section if 
the alien--
          (A) is a crewmember serving as a crewmember in a capacity 
        required for normal operation and service on a vessel (except a 
        fishing vessel having its home port or an operating base in the 
        United States) or on an aircraft; and
          (B) intends to land temporarily and only as a crewmember and 
        to depart on a vessel or aircraft.
  (2) Serving in a capacity required for normal operation and service 
on a vessel under paragraph (1)(A) of this subsection only includes 
performing longshore work (as defined by section 2721 of this title) to 
the extent provided under sections 2723-2725 of this title.
  (b) Crewmembers of Fishing Vessels Landing in Guam.--(1) Except as 
provided by subsection (c) of this section, an alien is classified as a 
nonimmigrant under this section if the alien--
          (A) is a crewmember serving as a crewmember in any capacity 
        required for normal operation and service on a fishing vessel 
        having its home port or an operating base in the United States; 
        and
          (B) intends to land in Guam temporarily and only as a 
        crewmember and to depart on the vessel on which the alien 
        arrived.
  (2) An alien is deemed to have departed from Guam under paragraph 
(1)(B) of this subsection after leaving the territorial waters of Guam 
without regard to whether the alien arrives in a foreign country before 
returning to Guam.
  (c) Crewmembers Employed in Labor Disputes.--(1) An alien who intends 
to land to perform service on a vessel of the United States (as defined 
by section 2101 of title 46) or on an aircraft of an air carrier (as 
defined by section 101 of the Federal Aviation Act of 1958 (49 App. 
U.S.C. 1301)) during a labor dispute in which there is a strike or 
lockout of the bargaining unit of the employer in which the alien 
intends to perform that service--
          (A) is not entitled to be classified as a nonimmigrant under 
        this section;
          (B) may not be paroled into the United States under section 
        6123 of this title, unless the Attorney General decides that 
        the parole of the alien is necessary to protect the security of 
        the United States; and
          (C) is not a crewmember under section 2703(d) of this title.
  (2) Paragraph (1) of this subsection does not apply to an alien if 
the air carrier or owner or operator of the vessel employing the alien 
provides documentation that satisfies the Attorney General that the 
alien--
          (A) has been employed by that employer for at least a one-
        year period before the date that the strike or illegal lockout 
        began;
          (B) has served as a qualified crewmember for that employer at 
        least once in each of 3 months during the 12-month period 
        before that date; and
          (C) will continue to perform the same services that the alien 
        provided during the alien's employment described by clause (B) 
        of this paragraph.

Sec. 2306. Aliens entitled to enter under treaties of commerce and 
navigation

  (a) Definition.--In this section, ``citizen of Mexico'' has the same 
meaning given that term in Annex 1608 of the North American Free Trade 
Agreement.
  (b) General.--An alien is classified as a nonimmigrant under this 
section if the alien--
          (1)(A) is entitled to enter the United States under a treaty 
        of commerce and navigation between the United States Government 
        and the government of the foreign country of which the alien is 
        a national only--
                  (i) to carry on an amount of trade (including trade 
                in services or technology) principally between the 
                United States and the country of which the alien is a 
                national, that the Secretary of State decides, after 
                consulting with appropriate agencies, is substantial; 
                or
                  (ii) to develop and direct the operations of an 
                enterprise in which the alien has invested or is 
                actively in the process of investing an amount of 
                capital that the Secretary of State decides, after 
                consulting with appropriate agencies, is substantial; 
                or
          (B) is the spouse or child of an alien described by subclause 
        (A) of this clause if accompanying or following to join the 
        alien;
          (2) on a reciprocal basis under the United States-Canada 
        Free-Trade Agreement--
                  (A)(i) is a citizen of Canada; and
                  (ii) is coming to the United States only for a 
                purpose specified by Annex 1502.1 (United States of 
                America), Part B--Traders and Investors, of the United 
                States-Canada Free-Trade Agreement, but only if the 
                purpose is specified by that Annex on January 1, 1989; 
                or
                  (B) is the spouse or child of an alien described by 
                subclause (A) of this clause if accompanying or 
                following to join the alien;
          (3)(A)(i) is a citizen of Canada;
          (ii) is coming to the United States under Annex 1502.1 
        (United States of America), Part C--Professionals, of the 
        United States-Canada Free-Trade Agreement to engage in business 
        activities at a professional level as provided by that Annex; 
        and
          (iii) may be admitted to engage in those activities under 
        regulations prescribed by the Attorney General after consulting 
        with the Secretaries of State and Labor; or
          (B) is the spouse or child of an alien described by subclause 
        (A) of this clause if accompanying or following to join the 
        alien;
          (4) subject to subsection (e) of this section, on a 
        reciprocal basis under the North American Free Trade 
        Agreement--
                  (A)(i) is a citizen of Canada or a citizen of Mexico; 
                and
                  (ii) is coming to the United States only for a 
                purpose specified by section B of Annex 1603 of the 
                Agreement but only if the purpose is specified by Annex 
                1603 on January 1, 1994; or
                  (B) is the spouse or child of an alien described by 
                subclause (A) of this clause if accompanying or 
                following to join the alien; or
          (5)(A) subject to subsections (c)-(e) of this section--
                  (i) is a citizen of Canada or a citizen of Mexico;
                  (ii) is coming to the United States under section D 
                of Annex 1603 of the North American Free Trade 
                Agreement to engage in business activities at a 
                professional level as provided by Annex 1603; and
                  (iii) may be admitted to engage in those activities 
                under regulations prescribed by the Attorney General 
                after consulting with the Secretaries of State and 
                Labor; or
          (B) is the spouse or child of an alien described by subclause 
        (A) of this clause if accompanying or following to join the 
        alien.
  (c) Numerical Limitations on Citizens of Mexico.--(1) The Attorney 
General shall establish an annual numerical limitation on the number of 
citizens of Mexico classified under subsection (b)(5) of this section, 
as provided by Appendix 1603.D.4 of Annex 1603 of the North American 
Free Trade Agreement. Subject to paragraph (2) of this subsection, the 
limitation--
          (A) may be increased after December 31, 1994, under paragraph 
        5(a) of section D of Annex 1603 of the Agreement; and
          (B) shall cease to apply as provided by paragraph 3 of 
        Appendix 1603.D.4.
  (2) The limitation referred to in paragraph (1) of this subsection 
may be increased or shall cease to apply (other than under paragraph 3 
of Appendix 1603.D.4) only if--
          (A) the President has obtained advice about the proposed 
        action from the appropriate advisory committees established 
        under section 135 of the Trade Act of 1974 (19 U.S.C. 2155);
          (B) the President has submitted a report to the Committees on 
        the Judiciary of the Senate and the House of Representatives 
        that states the action proposed to be taken, the reasons for 
        the proposed action, and the advice obtained under clause (A) 
        of this paragraph;
          (C) at least 60 days have passed after the President meets 
        the requirements of clauses (A) and (B) of this paragraph; and
          (D) the President consults with those committees during that 
        60-day period about the proposed action.
  (d) Additional Requirements for Citizens of Mexico.--During the 
period that Appendix 1603.D.4 of Annex 1603 of the North American Free 
Trade Agreement applies, an alien who is a citizen of Mexico and enters 
under section D of Annex 1603 must comply--
          (1) for a registered nurse, with the attestation requirements 
        of section 2902 of this title, to the extent and in the way 
        provided by regulations prescribed by the Secretary of Labor;
          (2) for all other professions set out in Appendix 1603.D.1 of 
        Annex 1603, with the application requirements of section 2351 
        of this title, to the extent and in the way provided by 
        regulations prescribed by the Secretary of Labor; and
          (3) with the employer petition requirements of this chapter, 
        to the extent and in the way provided by regulations prescribed 
        by the Attorney General.
  (e) Labor Disputes.--An alien who is a citizen of Canada or a citizen 
of Mexico and who is coming to the United States under section B, C, or 
D of Annex 1603 of the North American Free Trade Agreement is not 
entitled to be classified as a nonimmigrant under those sections if 
there is a strike or lockout during a labor dispute in the occupational 
classification at the alien's place or intended place of employment, 
unless the alien establishes under regulations prescribed by the 
Attorney General that the alien's entry will not adversely affect the 
settlement of the strike or lockout or the employment of any individual 
who is involved in the strike or lockout. Notice of a decision by the 
Attorney General under this subsection shall be given in the way 
required by paragraph 3 of Article 1603 of the Agreement.
  (f) Countries Without Treaties.--Each of the following foreign 
countries shall be deemed to be a foreign country described by 
subsection (b)(1) of this section if the government of the foreign 
country extends reciprocal nonimmigrant treatment to nationals of the 
United States:
          (1) the largest country in each region (as defined by section 
        4105(a)(7) of this title) that--
                  (A) has at least one dependent area as determined for 
                purposes of sections 4111 and 4112 of this title; and
                  (B) does not have a treaty of commerce and navigation 
                with the United States Government.
          (2) the country that--
                  (A) was identified as an adversely affected foreign 
                country under section 314 of the Immigration Reform and 
                Control Act of 1986 (Public Law 99-603, 100 Stat. 
                3439);
                  (B) had a treaty of commerce and navigation with the 
                United States before 1925; and
                  (C) does not have a treaty of commerce and navigation 
                with the United States Government.

Sec. 2307. Philippine nationals

  On a reciprocal basis secured by agreement between the Presidents of 
the United States and of the Philippines, an alien is classified as a 
nonimmigrant under this section if the alien is--
          (1) a national of the Philippines who is coming to the United 
        States only--
                  (A) to carry on an amount of trade (including trade 
                in services or technology) principally between the 
                United States and the Philippines, that the Secretary 
                of State decides, after consulting with appropriate 
                agencies, is substantial; or
                  (B) to develop and direct the operations of an 
                enterprise in which the alien has invested or is 
                actively in the process of investing an amount of 
                capital that the Secretary decides, after consulting 
                with the appropriate agencies, is substantial; or
          (2) the spouse or child of an alien described by clause (1) 
        of this section if accompanying or following to join the alien.

Sec. 2308. Media representatives

  On a reciprocal basis, an alien is classified as a nonimmigrant under 
this section if the alien is--
          (1) a representative of foreign information media who is 
        coming to the United States only to work as a representative of 
        foreign information media; or
          (2) the spouse or child of an alien described by clause (1) 
        of this section if accompanying or following to join the alien.

Sec. 2309. Aliens engaged to marry citizens

  (a) General.--An alien is classified as a nonimmigrant under this 
section if the alien is--
          (1) engaged to marry a citizen of the United States and is 
        coming to the United States only to marry the citizen within 90 
        days after entry; or
          (2) the child of an alien described by clause (1) of this 
        subsection if accompanying or following to join the alien.
  (b) Petitions to Classify.--A visa may be granted to an alien 
applying to be classified as a nonimmigrant under this section only 
after the consular officer receives a petition filed in the United 
States by the citizen fiancee or fiance of the alien and approved by 
the Attorney General. The petition must be in the form and contain the 
information the Attorney General prescribes by regulation. The Attorney 
General may approve the petition only if satisfied that the parties--
          (1) previously have met in person during the 2 years before 
        the date the petition was filed, except that the Attorney 
        General may waive this requirement;
          (2) intend to marry; and
          (3) are legally able and willing to marry not later than 90 
        days after the alien arrives in the United States.

Sec. 2310. Students in academic institutions and language training programs

  (a) General.--An alien is classified as a nonimmigrant under this 
section if the alien--
          (1)(A) has a residence in a foreign country that the alien 
        has no intention of abandoning;
          (B) is a student qualified to take a full course of study; 
        and
          (C) is coming to the United States temporarily and only to 
        take a full course of study at an established academic 
        institution or in a language training program designated by the 
        alien and approved by the Attorney General under subsection (b) 
        of this section; or
          (2) is the spouse or child of an alien described by clause 
        (1) of this subsection if accompanying or following to join the 
        alien.
  (b) Approval of Institutions and Programs.--(1) The Attorney General 
may approve an institution or language training program referred to in 
subsection (a) of this section only after--
          (A) the Attorney General has consulted with the Secretary of 
        Education; and
          (B) the institution or the place of study for the program has 
        agreed to report promptly to the Attorney General the 
        termination of attendance of each nonimmigrant student.
  (2) The Attorney General shall withdraw the approval if the 
institution or place of study fails to report promptly.

Sec. 2311. Students in nonacademic institutions

  (a) General.--An alien is classified as a nonimmigrant under this 
section if the alien--
          (1)(A) has a residence in a foreign country that the alien 
        has no intention of abandoning; and
          (B) is coming to the United States temporarily and only to 
        take a full course of study (except in a language training 
        program) at a recognized nonacademic institution designated by 
        the alien and approved by the Attorney General under subsection 
        (b) of this section; or
          (2) is the spouse or child of an alien described by clause 
        (1) of this subsection if accompanying or following to join the 
        alien.
  (b) Approval of Institutions.--(1) The Attorney General may approve 
an institution referred to in subsection (a) of this section only 
after--
          (A) the Attorney General has consulted with the Secretary of 
        Education; and
          (B) the institution has agreed to report promptly to the 
        Attorney General the termination of attendance of each 
        nonimmigrant student.
  (2) The Attorney General shall withdraw the approval if the 
institution fails to report promptly.

Sec. 2312. Participants in programs designated by the Director of the 
United States Information Agency

  (a) General.--An alien is classified as a nonimmigrant under this 
section if the alien--
          (1)(A) has a residence in a foreign country that the alien 
        has no intention of abandoning;
          (B) is a student, scholar, trainee, teacher, researcher, 
        leader, or similar individual in a field of specialized 
        knowledge or skill; and
          (C) is coming to the United States temporarily to teach, 
        study, observe, conduct research, consult, or demonstrate 
        skills in a program designated by the Director of the United 
        States Information Agency, and, if coming to participate in a 
        program of graduate medical education or training, satisfies 
        the requirements of subsections (b) and (c) of this section; or
          (2) is the spouse or child of an alien described by clause 
        (1) of this subsection if accompanying or following to join the 
        alien.
  (b) Additional Requirements for Aliens in Medical Programs.--The 
following additional requirements apply to an alien coming to the 
United States as a nonimmigrant under subsection (a)(1) of this section 
to participate in a program of graduate medical education or training:
          (1) A school of medicine or of another health profession 
        accredited by a body approved by the Secretary of Education 
        must agree in writing to provide the graduate medical education 
        or training under the program for which the alien is coming to 
        the United States or to arrange for an appropriate public or 
        nonprofit private agency or institution to provide the 
        education or training. Before making the agreement, the school 
        must be satisfied that the alien satisfies paragraph (2) of 
        this subsection. If the agreement is by a school of medicine, 
        any of its affiliated hospitals that will participate in 
        providing the education or training must be a party to the 
        agreement.
          (2) The alien must--
                  (A) have graduated from a school of medicine 
                accredited by a body approved by the Secretary of 
                Education (regardless of whether the school is in the 
                United States); or
                  (B)(i) have passed parts I and II of the National 
                Board of Medical Examiners Examination or an 
                examination the Secretary of Health and Human Services 
                decides is equivalent;
                  (ii) be competent in oral and written English;
                  (iii) be able to adapt to the educational and 
                cultural environment in which the alien will be 
                receiving the education or training; and
                  (iv) have adequate prior education and training to 
                participate satisfactorily in the program.
          (3) The government of the foreign country of the alien's 
        nationality or last residence must provide a written assurance 
        satisfactory to the Secretary of Health and Human Services that 
        the country needs individuals with the skills the alien will 
        acquire in the program.
          (4) The alien must agree to return to the foreign country of 
        the alien's nationality or last residence on completing the 
        program.
          (5) The alien must give the Attorney General annually an 
        affidavit (in the form prescribed by the Attorney General) 
        attesting that the alien--
                  (A) is in good standing in the program; and
                  (B) will return to the foreign country of the alien's 
                nationality or last residence on completing the 
                program.
          (6) The alien's participation in the program is limited to 
        the period typically required to complete the program, as 
        determined by the Director at the time the alien enters the 
        United States. The Director shall base the determination on 
        criteria, established in coordination with the Secretary of 
        Health and Human Services, that consider the published 
        requirements of the medical specialty board administering the 
        program. However--
                  (A) the period may be more than 7 years only if the 
                alien satisfies the Director that the foreign country 
                to which the alien will return on completing the 
                program has an exceptional need for an individual with 
                the skills the alien will acquire in the program; and
                  (B) the alien may change programs once within the 
                first 2 years after entering the United States (or 
                after being reclassified) as a nonimmigrant under 
                subsection (a) of this section if the Director approves 
                the change and a written assurance and an agreement are 
                given for the new program as provided by paragraphs (3) 
                and (4) of this subsection.
  (c) Satisfaction of Requirements by Certain Medical School 
Graduates.--An alien who is a graduate of a medical school satisfies 
subsection (b)(2)(B)(i) of this section if the alien on January 9, 
1978--
          (1) was completely and permanently licensed to practice 
        medicine in a State; and
          (2) was practicing medicine in a State.
  (d) Report on Affidavits.--The Director shall submit to Congress each 
year a report on aliens who have submitted affidavits under subsection 
(b)(5) of this section. The report shall include the name and address 
of each alien, the program of graduate medical education or training in 
which the alien is participating, and the status of the alien in the 
program.

Sec. 2313. Aliens employed temporarily in specialty occupations or as 
fashion models

  (a) General.--An alien is classified as a nonimmigrant under this 
section if the alien is--
          (1) coming to the United States temporarily to be employed--
                  (A) in a specialty occupation (except as a registered 
                nurse during the period specified by section 2325(c) of 
                this title or to perform services described by section 
                2314, 2318, or 2319 of this title) that requires 
                theoretical and practical application of a body of 
                highly specialized knowledge and a bachelor's, or 
                higher, degree in the specialty, or its equivalent, as 
                a minimum for entry into the occupation in the United 
                States and who--
                          (i) is fully licensed by a State to practice 
                        the occupation if a license is required to 
                        practice that occupation;
                          (ii) has completed the degree described by 
                        this subclause (A) of this paragraph for that 
                        occupation; or
                          (iii) has experience in the specialty 
                        equivalent to the completion of that degree and 
                        recognition of expertise in the specialty 
                        through progressively more responsible 
                        positions related to the specialty; and
                  (B) for whom the Secretary of Labor has certified to 
                the Attorney General that the employer intending to 
                employ the alien has filed with the Secretary an 
                application under subsection (d) of this section;
          (2)(A) coming to the United States temporarily to be employed 
        as a fashion model and demonstrates distinguished merit and 
        ability; and
          (B) for whom the Secretary of Labor has certified to the 
        Attorney General that the employer intending to employ the 
        alien has filed with the Secretary an application under 
        subsection (d) of this section; or
          (3) the spouse or child of an alien described by clause (1) 
        or (2) of this subsection if accompanying or following to join 
        the alien.
  (b) Numerical and Time Limitations.--(1) The total number of aliens 
who may be issued visas or classified as nonimmigrants under subsection 
(a)(1) and (2) of this section during a fiscal year may be not more 
than 65,000. Those aliens shall be issued visas or classified as a 
nonimmigrant under that subsection in the order in which petitions are 
filed for those visas or that classification.
  (2) An alien classified as a nonimmigrant under subsection (a)(1) or 
(2) of this section may be admitted to the United States for not more 
than 6 years.
  (c) Employer Petitions.--(1) A visa may be granted to an alien 
applying to be classified as a nonimmigrant under subsection (a)(1) or 
(2) this section only after the Attorney General approves a petition 
filed by the prospective employer. The petition must be in the form and 
contain the information the Attorney General prescribes. Before 
approving a petition, the Attorney General shall consult with the heads 
of appropriate agencies. Approval of the petition does not establish by 
itself that the alien is a nonimmigrant.
  (2) If a petition is filed and denied under this subsection, the 
Attorney General shall notify the petitioner of the decision and the 
reasons for the denial and the way in which the petitioner may appeal 
the decision.
  (d) Employer Application Requirement.--An alien may be classified as 
a nonimmigrant under subsection (a)(1) or (2) of this section only if 
the employer files an application with the Secretary of Labor as 
required by section 2351 of this title.
  (e) Limitations on Classification and Admission of Medical School 
Graduates.--An alien who is a graduate of a medical school and is 
coming to the United States to perform services as a member of the 
medical profession may be classified and admitted as a nonimmigrant 
under subsection (a)(1) or (2) of this section only if the alien--
          (1) has been invited by a public or nonprofit private 
        educational or research institution or agency in the United 
        States to come to the United States to teach or conduct 
        research, or both, at or for the institution or agency; or
          (2)(A) has passed the licensing examination administered by 
        the Federation of State Medical Boards of the United States or 
        an examination the Secretary of Health and Human Services 
        decides is equivalent; and
          (B)(i) is competent in oral and written English; or
          (ii) is a graduate of a medical school that is accredited by 
        a body approved by the Secretary of Education (regardless of 
        whether the school is in the United States).
  (f) Intention to Abandon Residence in a Foreign Country.--In 
obtaining a visa or obtaining or maintaining the classification as a 
nonimmigrant under in subsection (a)(1) or (2) of this section, the 
fact that an alien has applied for a classification under subchapter I 
of chapter 43 of this title or otherwise has sought permanent residence 
in the United States is not evidence of an intention to abandon a 
residence in a foreign country if the alien had obtained a change of 
classification under section 9108 of this title to a classification as 
such a nonimmigrant before the alien's most recent departure from the 
United States.

Sec. 2314. Temporary and seasonal agricultural employees

  (a) General.--An alien is classified as a nonimmigrant under this 
section if the alien--
          (1)(A) has a residence in a foreign country that the alien 
        has no intention of abandoning; and
          (B) is coming to the United States temporarily to perform 
        temporary or seasonal agricultural labor or services as defined 
        by the Secretary of Labor by regulation, including agricultural 
        labor as defined by section 3121(g) of the Internal Revenue 
        Code of 1986 (26 U.S.C. 3121(g)) and agriculture as defined by 
        section 3(f) of the Fair Labor Standards Act of 1938 (29 U.S.C. 
        203(f)); or
          (2) is the spouse or child of an alien described by clause 
        (1) of this subsection if accompanying or following to join the 
        alien.
  (b) Employer Petitions.--(1) A visa may be granted to an alien 
applying to be classified as a nonimmigrant under subsection (a)(1) of 
this section only after the Attorney General approves a petition filed 
by the prospective employer. The petition must be in the form and 
contain the information the Attorney General prescribes. Before 
approving a petition, the Attorney General shall consult with the heads 
of appropriate agencies, including the Secretaries of Labor and 
Agriculture. The Attorney General may approve the petition only if the 
Secretary of Labor has issued a certification under section 2504 of 
this title. Approval of the petition does not establish by itself that 
the alien is a nonimmigrant.
  (2) If a petition is filed and denied under this subsection, the 
Attorney General shall notify the petitioner of the decision and the 
reasons for the denial and the way in which the petitioner may appeal 
the decision.

Sec. 2315. Aliens performing labor or services for which United States 
workers are unavailable

  (a) General.--An alien is classified as a nonimmigrant under this 
section if the alien--
          (1)(A) is not a graduate of a medical school coming to the 
        United States to perform services as a member of the medical 
        profession;
          (B) has a residence in a foreign country that the alien has 
        no intention of abandoning; and
          (C) is coming to the United States temporarily to perform 
        temporary labor or services (except labor or services described 
        by section 2314 of this title) for which unemployed workers 
        able to perform the labor or services are unavailable in the 
        United States; or
          (2) is the spouse or child of an alien described by clause 
        (1) of this subsection if accompanying or following to join the 
        alien.
  (b) Numerical Limitations.--The total number of aliens who may be 
issued visas or classified as nonimmigrants under subsection (a)(1) of 
this section during a fiscal year may be not more than 66,000. Those 
aliens shall be issued visas or classified as such a nonimmigrant in 
the order in which petitions are filed for those visas or that 
classification.
  (c) Employer Petitions.--(1) A visa may be granted to an alien 
applying to be classified as a nonimmigrant under subsection (a)(1) of 
this section only after the Attorney General approves a petition filed 
by the prospective employer. The petition must be in the form and 
contain the information the Attorney General prescribes. Before 
approving a petition, the Attorney General shall consult with the heads 
of appropriate agencies. Approval of the petition does not establish by 
itself that the alien is a nonimmigrant.
  (2) If a petition is filed and denied under this subsection, the 
Attorney General shall notify the petitioner of the decision and the 
reasons for the denial and the way in which the petitioner may appeal 
the decision.
  (d) Employment in the Virgin Islands.--The Attorney General may 
approve a petition filed for an alien applying to be classified as a 
nonimmigrant under subsection (a)(1) of this section for employment in 
the Virgin Islands only--
          (1) if the alien is to be employed as an entertainer or 
        athlete; and
          (2) for not more than 45 days.

Sec. 2316. Aliens receiving training

  (a) General.--An alien is classified as a nonimmigrant under this 
section if the alien--
          (1)(A) has a residence in a foreign country that the alien 
        has no intention of abandoning; and
          (B) is coming to the United States temporarily to receive 
        training (except graduate medical education or training) in a 
        training program that is not designed primarily to provide 
        productive employment; or
          (2) is the spouse or child of an alien described by clause 
        (1) of this section if accompanying or following to join the 
        alien.
  (b) Employer Petitions.--(1) A visa may be granted to an alien 
applying to be classified as a nonimmigrant under subsection (a)(1) of 
this section only after the Attorney General approves a petition filed 
by the prospective employer. The petition must be in the form and 
contain the information the Attorney General prescribes. Before 
approving a petition, the Attorney General shall consult with the heads 
of appropriate agencies. Approval of the petition does not establish by 
itself that the alien is a nonimmigrant.
  (2) If a petition is filed and denied under this subsection, the 
Attorney General shall notify the petitioner of the decision and the 
reasons for the denial and the way in which the petitioner may appeal 
the decision.

Sec. 2317. Intra-company transferees

  (a) General.--(1) An alien is classified as a nonimmigrant under this 
section if the alien--
          (A) within the 3 years before applying for admission, has 
        been employed continuously for at least one year by a 
        corporation or other legal entity or an affiliate or subsidiary 
        of the entity and is coming to the United States temporarily to 
        continue employment with the same employer or an affiliate or 
        subsidiary of the entity--
                  (i) in an executive or managerial capacity; or
                  (ii) that involves a specialized knowledge of the 
                product of the entity, affiliate, or subsidiary and its 
                application in international markets or an advanced 
                level of knowledge of processes and procedures of the 
                entity, affiliate, or subsidiary; or
          (B) is the spouse or child of an alien described by clause 
        (A) of this paragraph if accompanying or following to join the 
        alien.
  (2) The period of admission for an alien classified as a nonimmigrant 
under--
          (A) paragraph (1)(A)(i) of this subsection may be not more 
        than 7 years; and
          (B) paragraph (1)(A)(ii) of this subsection may be not more 5 
        years.
  (3) In applying paragraph (1) of this subsection, a partnership or 
similar organization organized outside the United States to provide 
accounting services is deemed to be an affiliate of a partnership 
organized in the United States to provide accounting services if--
          (A) the partnership or similar organization organized outside 
        the United States markets its accounting services under an 
        internationally recognized name under an agreement with a 
        worldwide coordinating organization owned and controlled by the 
        member accounting firms of which the United States partnership 
        is also a member; and
          (B) the United States partnership markets its accounting 
        services under the same internationally recognized name under 
        an agreement with the worldwide coordinating organization.
  (b) Employer Petitions.--(1) A visa may be granted to an alien 
applying to be classified as a nonimmigrant under subsection (a)(1)(A) 
of this section only after the Attorney General approves a petition 
filed by the prospective employer. The petition must be in the form and 
contain the information the Attorney General prescribes. Before 
approving a petition, the Attorney General shall consult with the heads 
of appropriate agencies. Approval of the petition does not establish by 
itself that the alien is a nonimmigrant.
  (2) The Attorney General shall establish a procedure under which an 
employer that meets the requirements the Attorney General prescribes 
may file a petition for more than one alien applying to be classified 
as a nonimmigrant under subsection (a)(1)(A) of this section instead of 
filing individual petitions under paragraph (1) of this subsection for 
those aliens. The procedure shall allow the expedited processing of 
visas for the entry of aliens under such a petition.
  (3) The Attorney General shall provide for a procedure for reviewing 
and acting on petitions filed under this subsection not later than 30 
days after the date a completed petition is filed.
  (4) If a petition is filed and denied under this subsection, the 
Attorney General shall notify the petitioner of the decision and the 
reasons for the denial and the way in which the petitioner may appeal 
the decision.
  (c) Intention to Abandon Residence in a Foreign Country.--In 
obtaining a visa or obtaining or maintaining the classification as a 
nonimmigrant under subsection (a)(1)(A) of this section, the fact that 
an alien has applied for a classification under subchapter I of chapter 
43 of this title or otherwise has sought permanent residence in the 
United States is not evidence of an intention to abandon a residence in 
a foreign country if the alien has obtained a change of classification 
under section 9108 of this title to a classification as such a 
nonimmigrant before the alien's most recent departure from the United 
States.

Sec. 2318. Aliens with extraordinary ability or with distinction in the 
arts, motion pictures, or television

  (a) General.--An alien is classified as a nonimmigrant under this 
section if the alien--
          (1)(A)(i) has extraordinary ability in the sciences, 
        education, business, or athletics as demonstrated by sustained 
        national or international acclaim;
          (ii) is distinguished in the arts as demonstrated by 
        sustained national or international acclaim; or
          (iii) with regard to motion picture and television 
        productions has demonstrated a record of extraordinary 
        achievement and whose achievements have been recognized in the 
        field through extensive documentation; and
          (B) is coming to the United States to continue work in that 
        field of extraordinary ability or distinction;
          (2) has a residence in a foreign country that the alien has 
        no intention of abandoning and--
                  (A) is coming to the United States temporarily and 
                only to accompany and assist an alien classified under 
                clause (1) of this subsection in the artistic or 
                athletic performance for any specific event;
                  (B) is an integral part of the actual performance; 
                and
                  (C)(i) has critical skills and experience with the 
                alien admitted under clause (1) of this section that 
                are not general in nature and that cannot be performed 
                by other individuals; or
                  (ii) for a motion picture or television production, 
                has skills and experience with the alien admitted under 
                clause (1) of this subsection that are not general in 
                nature and are critical because of a longstanding 
                working relationship or, for a specific production, 
                because significant production (including pre-
                production and post-production work) will take place 
                both inside and outside the United States and the 
                continuing participation of the alien described by this 
                clause is essential to the successful completion of the 
                production; or
          (3) is the spouse or child of an alien described by clause 
        (1) or (2) of this subsection if accompanying or following to 
        join the alien.
  (b) Period of Admission.--An alien classified as a nonimmigrant under 
this section may be admitted for the period the Attorney General 
specifies to provide for any event for which the nonimmigrant is 
admitted.
  (c) Employer Petitions.--(1) A visa may be granted to an alien 
applying to be classified as a nonimmigrant under subsection (a)(1) or 
(2) of this section only after the Attorney General approves a petition 
filed by the prospective employer. The petition must be in the form and 
contain the information the Attorney General prescribes. Before 
approving a petition, the Attorney General shall consult with the heads 
of appropriate agencies. Approval of the petition does not establish by 
itself that the alien is a nonimmigrant.
  (2) If a petition is filed and denied under this subsection, the 
Attorney General shall notify the petitioner of the decision and the 
reasons for the denial and the way in which the petitioner may appeal 
the decision.
  (d) Consultation Requirements.--The Attorney General may approve a 
petition under subsection (c)(1) of this section only after the 
petitioner satisfies the consultation requirements of section 2352 of 
this title.

Sec. 2319. Athletes and entertainers

  (a) General.--An alien is classified as a nonimmigrant under this 
section if the alien--
          (1) has a residence in a foreign country that the alien has 
        no intention of abandoning who--
                  (A)(i) performs as an athlete, individually or as a 
                member of a group or team, at an internationally 
                recognized level of performance; and
                  (ii) is coming to the United States temporarily and 
                only to perform as an athlete for a specific athletic 
                competition;
                  (B)(i) performs with, or is an integral and essential 
                part of the performance of, an entertainment group 
                that, except as provided by section 2353(b)(1)(A) of 
                this title, has been recognized internationally as 
                being outstanding in the discipline for a sustained and 
                substantial period of time;
                  (ii) if a performer or entertainer, except as 
                provided by section 2353(b)(1)(B) and (2) of this 
                title, has had a sustained and substantial relationship 
                with that group (ordinarily for at least one year) and 
                performs functions integral to the performance of the 
                group; and
                  (iii) is coming to the United States temporarily and 
                only to perform as such a performer or entertainer or 
                as an integral and essential part of a performance;
                  (C)(i) performs as an artist or entertainer, 
                individually or as a member of a group, or is an 
                integral part of the performance of that group; and
                  (ii) is coming to the United States temporarily and 
                only to perform as such an artist or entertainer or 
                with that group under a reciprocal exchange program 
                between an organization in the United States and an 
                organization in a foreign country that provides for the 
                temporary exchange of artists and entertainers; or
                  (D)(i) performs as an artist or entertainer, 
                individually or as a member of a group, or is an 
                integral part of the performance of that group; and
                  (ii) is coming to the United States temporarily and 
                only to perform, teach, or coach as such an artist or 
                entertainer or with that group under a commercial or 
                non-commercial program that is culturally unique; or
          (2) is the spouse or child of an alien described by clause 
        (1) of this section if accompanying or following to join the 
        alien.
  (b) Period of Admission.--(1) Except as provided by paragraph (2) of 
this subsection, an alien classified as a nonimmigrant under this 
section may be admitted for the period the Attorney General specifies 
in order to provide for any competition, event, or performance for 
which the nonimmigrant is admitted.
  (2) An alien classified as a nonimmigrant under this section and 
admitted as an individual athlete may be admitted for an initial period 
of not more than 5 years during which the nonimmigrant will perform as 
an athlete. The Attorney General may extend that period for an 
additional period of not more than 5 years.
  (c) Petitions.--(1) A person may petition the Attorney General for 
classification of an alien as a nonimmigrant under this section.
  (2) A visa may be granted to an alien applying to be classified as a 
nonimmigrant under subsection (a)(1)(A) or (B) of this section only 
after the Attorney General approves a petition filed by the prospective 
employer. The petition must be in the form and contain the information 
the Attorney General prescribes. Before approving a petition, the 
Attorney General shall consult with the heads of appropriate agencies. 
Approval of the petition does not establish by itself that the alien is 
a nonimmigrant.
  (3) If a petition is filed and denied under this subsection, the 
Attorney General shall notify the petitioner of the decision and the 
reasons for the denial and the way in which the petitioner may appeal 
the decision.
  (d) Consultation Requirements.--The Attorney General may approve a 
petition under subsection (c) of this section only after the petitioner 
satisfies the consultation requirements of section 2353 of this title.

Sec. 2320. Participants in international exchange programs

  An alien is classified as a nonimmigrant under this section if the 
alien--
          (1) has a residence in a foreign country that the alien has 
        no intention of abandoning;
          (2) is coming to the United States for a period of not more 
        than 15 months to participate in an international cultural 
        exchange program approved by the Attorney General that provides 
        practical training, employment, and the sharing of history, 
        culture, and traditions of the foreign country of the alien's 
        nationality; and
          (3) will be employed for the same wages and under the same 
        working conditions as United States workers.

Sec. 2321. Aliens in religious occupations

  An alien is classified as a nonimmigrant under this section if the 
alien--
          (1)(A) for the 2 years immediately before the alien's 
        application for admission, has been a member of a religious 
        denomination that has a nonprofit religious organization in the 
        United States; and
          (B) is coming to the United States for a period of not more 
        than 5 years to perform work described by section 
        137(a)(3)(ii)(I), (II), or (III) of this title; or
          (2) is the spouse or child of an alien described by clause 
        (1) of this section if accompanying or following to join the 
        alien.

Sec. 2322. Participants in cooperative research, development, and 
coproduction projects

  (a) General.--On a reciprocal basis, an alien is classified as a 
nonimmigrant under this section if the alien--
          (1)(A) has a residence in a foreign country that the alien 
        has no intention of abandoning; and
          (B) is coming to the United States for not more than 10 years 
        to provide services of an exceptional nature requiring merit 
        and ability related to a cooperative research and development 
        project or a coproduction project provided under a government-
        to-government agreement carried out by the Secretary of 
        Defense; or
          (2) is the spouse or child of an alien described by clause 
        (1) of this section if accompanying or following to join the 
        alien.
  (b) Numerical limitation.--Not more than 100 aliens classified as 
nonimmigrants under this section may be admitted to the United States 
at any time.

Sec. 2323. Participants in special education programs

  (a) General.--An alien is classified as a nonimmigrant under this 
section if the alien--
          (1)(A) has a residence in a foreign country that the alien 
        has no intention of abandoning; and
          (B) is coming to the United States for not more than 18 
        months to participate in a special education training program 
        that provides practical training and experience in educating 
        children with physical, mental, or emotional disabilities; or
          (2) is the spouse or child of an alien described by clause 
        (1) of this section if accompanying or following to join the 
        alien.
  (b) Numerical limitation.--Not more than 50 aliens classified as 
nonimmigrants under this section may be admitted to the United States 
in a fiscal year.

Sec. 2324. Relatives of special immigrants

  An alien is classified as a nonimmigrant under this section if the 
alien is--
          (1) the parent of an alien who is a special immigrant as 
        defined by section 137(a)(9) of this title, but only when the 
        alien is a child; or
          (2) a child of--
                  (A) a parent described by clause (1) of this section; 
                or
                  (B) an alien who is a special immigrant as defined by 
                section 137(a)(10) or (11) of this title.

Sec. 2325. Registered nurses

  (a) Definition.--In this section, ``facility'' includes an employer 
that employs registered nurses in a home setting.
  (b) General.--An alien is classified as a nonimmigrant under this 
section if the alien--
          (1)(A) is coming to the United States temporarily to perform 
        services as a registered nurse;
          (B) has obtained a full and unrestricted license to practice 
        professional nursing in the foreign country in which the alien 
        obtained nursing education or has received nursing education in 
        the United States or Canada;
          (C) has passed an appropriate examination (recognized in 
        regulations prescribed in consultation with the Secretary of 
        Health and Human Services) or has a full and unrestricted 
        license under State law to practice professional nursing in the 
        State of intended employment;
          (D) is fully qualified and eligible under the laws (including 
        temporary licensing requirements authorizing the nurse to be 
        employed) governing the place of intended employment to engage 
        in the practice of professional nursing as a registered nurse 
        immediately on admission to the United States and is authorized 
        under those laws to be employed by the facility; and
          (E) is one for whom the Secretary of Labor has certified to 
        the Attorney General that each facility (including the 
        petitioner under subsection (c)(1) of this section and each 
        worksite, except a private household worksite, that is not the 
        alien's employer or controlled by the employer) at which the 
        alien will perform the services has an attestation on file and 
        in effect under section 2902 of this title; or
          (2) is the spouse or child of an alien described by clause 
        (1) of this subsection if accompanying or following to join the 
        alien.
  (c) Employer Petitions.--(1) A visa may be granted to an alien 
applying to be classified as a nonimmigrant under subsection (b)(1) of 
this section only after the Attorney General approves a petition filed 
by the prospective employer. The Attorney General may approve a 
petition filed under this section only if the petition is filed during 
the period from September 1, 1990, through August 31, 1995. The 
petition must be in the form and contain the information the Attorney 
General prescribes. Before approving a petition, the Attorney General 
shall consult with the heads of appropriate agencies. Approval of a 
petition does not establish by itself that the alien is a nonimmigrant.
  (2) If a petition is filed and denied under this subsection, the 
Attorney General shall notify the petitioner of the decision and the 
reasons for the denial and the way in which the petitioner may appeal 
the decision.
  (d) Period of Admission.--An alien classified as a nonimmigrant under 
this section may be admitted for an initial period of not more than 3 
years. The initial period may be extended for one or more periods, but 
the total period of admission may not be more than 5 years (or 6 years 
if the Attorney General decides there are extraordinary circumstances).
  (e) Intention to Abandon Residence in a Foreign Country.--In 
obtaining a visa or obtaining or maintaining the classification as a 
nonimmigrant under this section, the fact that an alien has applied for 
a classification under subchapter I of chapter 43 of this title or 
otherwise has sought permanent residence in the United States is not 
evidence of an intention to abandon a residence in a foreign country if 
the alien has obtained a change of classification under section 9108 to 
a classification as such a nonimmigrant before the alien's most recent 
departure from the United States.

                  SUBCHAPTER II--SPECIAL REQUIREMENTS

Sec. 2351. Employer applications for aliens employed temporarily in 
specialty occupations or as fashion models

  (a) General.--An alien may be classified and admitted to the United 
States as a nonimmigrant under section 2313(a)(1) or (2) of this title 
only if the employer files an application with the Secretary of Labor 
stating the following:
          (1) The employer--
                  (A) during the period of authorized employment, is 
                offering and will offer the alien classified or 
                admitted as a nonimmigrant under section 2313(a)(1) or 
                (2) of this title wages that, based on the best 
                information available at the time the application is 
                filed, are at least the greater of--
                          (i) the actual wage level paid by the 
                        employer to all other individuals with similar 
                        experience and qualifications for the specific 
                        employment in question; or
                          (ii) the prevailing wage level of the 
                        occupational classification in the area of 
                        employment; and
                  (B) will provide working conditions for the 
                nonimmigrant that will not adversely affect the working 
                conditions of workers similarly employed.
          (2) There is no strike or lockout during a labor dispute in 
        the occupational classification at the place of employment.
          (3) At the time the application was filed, the employer--
                  (A) provided notice of the filing of an application 
                under this subsection to the bargaining representative 
                of the employer's employees in the occupational 
                classification and area for which aliens are sought; or
                  (B) if there is no bargaining representative, posted 
                notice of the filing in conspicuous locations at the 
                place of employment.
          (4) There is a specification of the number of workers sought, 
        the occupational classification in which the workers will be 
        employed, and wage rate and conditions under which they will be 
        employed.
  (b) Public Availability of Applications and Application Lists.--(1) 
Not later than one working day after the date on which an application 
under this subsection is filed, the employer shall make available for 
public examination at the employer's principal place of business or 
worksite a copy of each application filed under subsection (a) of this 
section and necessary accompanying documentation.
  (2) On a current basis and by employer and occupational 
classification, the Secretary shall compile a list of the applications 
filed. That list shall include the wage rate, number of aliens sought, 
period of intended employment, and the date of need. The Secretary 
shall make that list available for public examination in the District 
of Columbia.
  (c) Secretarial Review of Applications.--The Secretary shall review 
an application only for completeness and obvious inaccuracies. Unless 
the Secretary finds that the application is incomplete or obviously 
inaccurate, the Secretary shall make the certification described by 
section 2313(a)(1)(B) or (2)(B) of this title not later than 7 days 
after the date the application is filed.
  (d) Failure to Meet Application Conditions and Misrepresentations.--
(1) The Secretary shall establish a procedure for receiving, 
investigating, and disposing of complaints about a petitioner's failure 
to meet a condition specified by an application submitted under 
subsection (a) of this section or a petitioner's misrepresentation of a 
material fact in that application. An adversely affected person 
(including a bargaining representative) may file a complaint under this 
subsection but the complaint must be filed not later than 12 months 
after the date of the failure or misrepresentation. The Secretary shall 
conduct an investigation as provided by this subsection if there is 
reasonable cause to believe that a failure or misrepresentation has 
occurred.
  (2) Not later than 30 days after the date a complaint is filed, the 
Secretary shall decide whether a reasonable basis exists to make a 
finding under paragraph (3) or (4) of this subsection. If the Secretary 
decides that a reasonable basis exists, the Secretary shall provide 
interested parties notice and an opportunity for a hearing under 
section 556 of title 5 about the complaint not later than 60 days after 
deciding that a reasonable basis exists. If a hearing is requested, the 
Secretary shall make a finding about the complaint not later than 60 
days after the date of the hearing. The Secretary may consolidate 
hearings on similar complaints about the same applicant.
  (3) If the Secretary finds, after notice and an opportunity for a 
hearing under paragraph (2) of this subsection, that there has been a 
failure to meet a condition of subsection (a)(2) of this section, a 
substantial failure to meet a condition described by subsection (a)(3) 
or (4) of this section, a willful failure to meet a condition of 
subsection (a)(1) of this section, or misrepresentation of a material 
fact in an application--
          (A) the Secretary shall notify the Attorney General of that 
        finding and may impose administrative remedies the Secretary 
        decides are appropriate, including a penalty of not more than 
        $1,000 for each violation; and
          (B) the Attorney General may not approve a petition filed by 
        the employer under section 2352 of this title or subchapter I 
        of chapter 43 for at least one year.
  (4) If the Secretary finds after notice and an opportunity for a 
hearing under paragraph (2) of this subsection that an employer has not 
paid wages at the wage level specified under the application and 
required under subsection (a)(1) of this section, the Secretary shall 
order the employer to provide back pay required to comply with 
subsection (a)(1) in addition to any other penalty imposed under 
paragraph (3) of this subsection.

Sec. 2352. Advisory opinions for aliens with extraordinary ability or with 
distinction in the arts, motion pictures, or television

  (a) General Requirements.--(1) The Attorney General may approve a 
petition--
          (A) for an alien applying to be classified as a nonimmigrant 
        under section 2318(a)(1)(A)(i) or (ii) of this title, only 
        after the petitioner consults with a peer group or other person 
        (including a labor organization) the alien chooses with 
        expertise in the specific field involved by submitting with the 
        petition an advisory opinion from that group or person;
          (B) for an alien applying to be classified as a nonimmigrant 
        under section 2318(a)(2)(A)-(C)(i) of this title, only after 
        the petitioner consults with a labor organization with 
        expertise in the area of the skills and experience involved by 
        submitting with the petition with an advisory opinion from that 
        labor organization; or
          (C) for an alien applying to be classified as a nonimmigrant 
        under section 2318(a)(1)(A)(iii) or (2)(C)(ii) of this title 
        for a motion picture or television production, after consulting 
        with the appropriate labor organization representing the 
        alien's occupational peers and a management organization in the 
        area of the alien's ability.
  (2) An opinion by a labor organization about an alien referred to in 
paragraph (1)(C) of this subsection trying to enter the United States 
for a motion picture or television production is advisory only. An 
opinion recommending denial of an application for that alien must be in 
writing. In making a decision on the petition, the Attorney General 
shall consider the exigencies and scheduling of the production. The 
Attorney General shall attach any advisory opinion to that decision.
  (3)(A) If a petitioner does not submit an advisory opinion from the 
appropriate labor organization as required by paragraph (1)(A) or (B) 
of this subsection, the Attorney General shall forward a copy of the 
petition and supporting documents to the national office of an 
appropriate labor organization not later than 5 days after receiving 
the petition. If the employer's employees in the occupational 
classification for which the alien is being sought have a collective 
bargaining representative, that representative is the appropriate labor 
organization.
  (B) A person or organization receiving a copy of a petition as 
provided by subparagraph (A) of this paragraph has not more than 15 
days after receiving the petition to submit a written advisory opinion 
or provide a letter stating that the person or organization has no 
objection. At the end of the 15-day period, the Attorney General shall 
give the petitioner an opportunity, when appropriate, to provide 
rebuttal evidence. The Attorney General shall act on the petition not 
later than 14 days after the end of the 15-day period, or if rebuttal 
evidence is provided, not later than 14 days after receiving that 
evidence. The Attorney General may shorten a time period under this 
paragraph for emergency reasons unless the shorter period is an 
unreasonable burden on a participant in the process.
  (4) If a petitioner referred to in paragraph (1)(A) or (B) of this 
subsection establishes that an appropriate peer group (including a 
labor organization) does not exist, the Attorney General shall act on 
the petition without requiring an advisory opinion.
  (5) The Attorney General shall prescribe regulations to establish 
expedited consultation procedures for nonimmigrant--
          (A) artists and entertainers described by section 2318 of 
        this title to accommodate the exigencies and scheduling of a 
        given production or event; and
          (B) athletes described by section 2318(a)(1) of this title in 
        the case of emergency circumstances, including trades during a 
        season.
  (6) Consultation with a nongovernmental entity does not authorize the 
Attorney General to delegate authority under this subsection to a 
nongovernmental entity. The Attorney General shall give advisory 
opinions under this subsection the weight the Attorney General decides, 
in the Attorney General's sole discretion, is appropriate.
  (b) Waivers.--The Attorney General shall prescribe regulations to 
provide for the waiver of the consultation requirement under subsection 
(a)(1)(A) of this section for an alien admitted as a nonimmigrant under 
section 2318(a)(1)(A)(ii) of this title because of distinction in the 
arts and who is trying to be readmitted to perform similar services 
within 2 years after the date of a consultation under subsection 
(a)(1)(A) of this section. Not later than 5 days after a waiver is 
provided, the Attorney General shall forward a copy of the petition and 
supporting documents to the national office of the appropriate labor 
organization.

Sec. 2353. Advisory opinions for athletes and entertainers

  (a) General Requirements.--(1) The Attorney General may approve a 
petition for an alien applying to be classified as a nonimmigrant--
          (A) under section 2319(a)(1)(A), (B), or (D) of this title, 
        only after the petitioner consults with a labor organization 
        with expertise in the specific field of athletics or 
        entertainment involved by submitting with the petition an 
        advisory opinion from that labor organization; or
          (B) under section 2319(a)(1)(C) of this title, only after 
        consultation with labor organizations representing artists and 
        entertainers in the United States.
  (2) If a petitioner does not submit an advisory opinion from the 
appropriate labor organization required by paragraph (1)(A) of this 
subsection, the Attorney General shall forward a copy of the petition 
and supporting documents to the national office of an appropriate labor 
organization not later than 5 days after receiving the petition. If the 
employer's employees in the occupational classification for which the 
alien is being sought have a collective bargaining representative, that 
representative is the appropriate labor organization.
  (3) A person or organization receiving a copy of a petition as 
provided by paragraph (2) of this subsection has not more than 15 days 
after receiving the petition to submit a written advisory opinion or 
provide a letter stating that the person or organization has no 
objection. At the end of the 15-day period, the Attorney General shall 
give the petitioner an opportunity, when appropriate, to provide 
rebuttal evidence. The Attorney General shall act on the petition not 
later than 14 days after the end of the 15-day period, or if rebuttal 
evidence is provided, not later than 14 days after receiving that 
evidence. The Attorney General may shorten a time period under this 
paragraph for emergency reasons unless the shorter period is an 
unreasonable burden on a participant in the process.
  (4) If a petitioner referred to in paragraph (1)(A) of this 
subsection establishes that an appropriate peer group (including a 
labor organization) does not exist, the Attorney General shall act on 
the petition without requiring an advisory opinion.
  (5) The Attorney General shall prescribe regulations to establish 
expedited consultation procedures for nonimmigrant--
          (A) artists and entertainers under section 2319 of this title 
        to accommodate the exigencies and scheduling of a given 
        production or event; and
          (B) athletes described by section 2319(a)(1)(A) of this title 
        in the case of emergency circumstances, including trades during 
        a season.
  (6) Consultation with a nongovernmental entity does not authorize the 
Attorney General to delegate authority under this subsection to a 
nongovernmental entity. The Attorney General shall give advisory 
opinions under this subsection the weight the Attorney General decides, 
in the Attorney General's sole discretion, is appropriate.
  (b) Waivers and Nonapplication.--(1) The Attorney General may waive--
          (A) in consideration of special circumstances, the 
        international recognition requirement of section 
        2319(a)(1)(B)(i) of this title for an entertainment group that 
        is recognized nationally as being outstanding in its discipline 
        for a sustained and substantial period of time; and
          (B) the one-year relationship requirement of section 
        2319(a)(1)(B)(ii) of this title for an alien who--
                  (i) replaces an essential member of the group, 
                because of illness or unanticipated or exigent 
                circumstances; or
                  (ii) augments the group by performing a critical 
                role.
  (2) The one-year relationship requirement of section 
2319(a)(1)(B)(ii) of this title does not apply to 25 percent of the 
performers in a group.
  (3) The requirements of section 2319(a)(1)(B)(i) and (ii) of this 
title do not apply to an alien who performs as part of a circus or 
circus group or who is an integral and essential part of the 
performance of that circus or group, but only if the alien is coming to 
the United States to join a circus that has been recognized nationally 
as outstanding for a sustained and substantial period of time or as 
part of such a circus.

               CHAPTER 25--TEMPORARY AGRICULTURAL WORKERS

Sec.
2501.  Definitions.
2502.  Certification requirements.
2503.  Applications for certification.
2504.  Conditions for issuing certifications.
2505.  Associations of agricultural producers.
2506.  Housing.
2507.  Expedited administrative review.
2508.  Disqualification of aliens for violating conditions of prior 
          admission.
2509.  Enforcement authority of the Secretary of Labor.
2510.  Endorsement of entry and exit documentation.
2511.  Preemption of State and local law.
2512.  Biennial reports.
2513.  Approval of regulations.
2514.  Authorization of appropriations.

Sec. 2501. Definitions

  In this chapter--
          (1) ``temporary agricultural worker'' means a nonimmigrant 
        described by section 2314 of this title.
          (2) ``United States worker'' means an individual who is not 
        an unauthorized alien (as defined by section 11101 of this 
        title) with respect to particular employment.

Sec. 2502. Certification requirements

  (a) Requirements.--The Attorney General may approve a petition filed 
under section 2314 of this title by a prospective employer of an alien 
applying to be classified as a temporary agricultural worker only if 
the Secretary of Labor, on application by the employer, has certified 
that--
          (1) there are not sufficient United States workers who are 
        able, willing, and qualified, and who will be available at the 
        time and place needed, to perform the labor or services 
        described by the petition; and
          (2) employment of the alien to provide the labor or services 
        will not affect adversely the wages and working conditions of 
        United States workers similarly employed.
  (b) Regulations.--The Secretary shall prescribe regulations based on 
findings in furtherance of the policy that aliens be admitted as 
temporary agricultural workers only if the conditions specified by 
subsection (a) of this section are satisfied.

Sec. 2503. Applications for certification

  (a) Deadline for Filing.--The Secretary of Labor may not require that 
an application for a certification under this chapter be filed more 
than 60 days before the first date the employer requires the labor or 
services of a temporary agricultural worker.
  (b) Notice of Deficiencies.--If an application does not meet the 
conditions for issuing a certification (except the conditions specified 
by section 2502(a)(1) of this title), the Secretary shall--
          (1) notify the employer in writing not later than 7 days 
        after the application is filed, giving the reasons the 
        application does not meet the conditions; and
          (2) allow the employer to submit promptly an amended 
        application.
  (c) Fee.--The Secretary may prescribe by regulation a fee to cover 
the reasonable costs of processing an application for certification.

Sec. 2504. Conditions for issuing certifications

  Not later than 20 days before the labor or services are first 
required, the Secretary of Labor shall issue a certification if the 
following conditions are met:
          (1) The conditions specified by section 2502(a) of this title 
        are met.
          (2) The employer has complied with the requirements for 
        certification, including requirements the Secretary prescribes 
        for recruiting United States workers.
          (3) The Secretary concludes that the employer has made 
        positive recruitment efforts within a multi-State region of 
        traditional or expected labor supply in which the Secretary 
        finds there are a significant number of qualified United States 
        workers who, if recruited, would be willing to work at the time 
        and place needed. Positive recruitment under this paragraph is 
        in addition to, and shall be conducted within the same time 
        period as, the circulation of the employer's job offer through 
        the interstate employment service system. The requirement to 
        engage in positive recruitment ends on the date the temporary 
        agricultural workers depart for the employer's place of 
        employment.
          (4) The employer does not have, or has not been provided with 
        referrals of, qualified United States workers who have 
        indicated their availability to perform the labor or services 
        on the terms of a job offer meeting the Secretary's 
        requirements. In considering whether a specific qualification 
        in a job offer is appropriate, the Secretary shall apply the 
        normal and accepted qualifications required by employers not 
        employing temporary agricultural workers in the same or 
        comparable occupations and crops.
          (5) The employer has provided the Secretary with satisfactory 
        assurances that if the employment for which the certification 
        is sought is not covered by a State workers' compensation law, 
        the employer will provide, at no cost to the worker, insurance 
        covering injury and disease arising out of and during the 
        worker's employment that will provide benefits at least equal 
        to those provided under the State workers' compensation law for 
        comparable employment.
          (6) There is no strike or lockout during a labor dispute 
        that, under regulations prescribed by the Secretary, precludes 
        the certification.
          (7) The employer employed temporary agricultural workers 
        during the prior 2 years, and the Secretary has decided, after 
        notice and an opportunity for a hearing on the record, that the 
        employer during that period did not substantially violate a 
        material condition of the certification related to the 
        employment of nonimmigrant or United States workers. The 
        Secretary may decide not to approve a certification for not 
        more than 3 years for an employer who commits a violation 
        described by this paragraph.

Sec. 2505. Associations of agricultural producers

  (a) Permitted Filings.--An association of agricultural producers 
using agricultural services may file--
          (1) a petition under section 2314 of this title for an alien 
        applying to be classified as a temporary agricultural worker; 
        and
          (2) an application for a certification under this chapter.
  (b) Associations Acting as Employers.--If an association referred to 
in subsection (a) of this section is the joint or sole employer of a 
temporary agricultural worker, a certification granted under this 
chapter to the association may be used for the certified job 
opportunities of any of the members of the association. The worker may 
be transferred among the members to perform agricultural services of a 
temporary or seasonal nature for which the certification was granted.
  (c) Effect of Violations.--(1) If the Secretary of Labor has decided 
that a member of an association that is a joint employer of a temporary 
agricultural worker has committed an act resulting in a decision by the 
Secretary not to approve a certification of the member under section 
2504(7) of this title, the decision applies only to that member unless 
the Secretary decides that the association or another member 
participated in, or knew or had reason to know of, the violation.
  (2) If the Secretary has decided that an association that is a joint 
employer has committed an act resulting in a decision by the Secretary 
not to approve a certification of the association under section 2504(7) 
of this title, the decision applies only to the association unless the 
Secretary decides that a member participated in, or knew or had reason 
to know of, the violation.
  (3) If the Secretary has decided that an association, certified as 
the sole employer of a temporary agricultural worker, has committed an 
act resulting in a decision by the Secretary not to approve a 
certification of the association under section 2504(7) of this title, a 
member of the association, during the period the decision is in effect, 
may not be the beneficiary of the services of temporary agricultural 
workers in the commodity and occupation in which the worker was 
employed by the association whose certification was not approved, 
unless the member employs the workers in the commodity and occupation 
directly or through an association that is a joint employer of the 
workers with the member.

Sec. 2506. Housing

  (a) Requirement.--An employer shall provide housing for temporary 
agricultural workers as provided by regulations prescribed by the 
Secretary of Labor.
  (b) Regulations.--(1) Regulations prescribed under this section shall 
allow the employer, at the employer's option, to provide housing 
meeting applicable standards of the United States Government for 
temporary labor camps or to secure housing that meets applicable local 
standards for rental or public accommodations or other substantially 
similar class of habitation. In the absence of applicable local 
standards, State standards for those accommodations or that class of 
habitation shall apply. In the absence of applicable local and State 
standards, standards of the Government for temporary labor camps shall 
apply.
  (2) The regulations shall include specific requirements about housing 
for employees principally engaged in the range production of livestock.
  (3) When the prevailing practice in the area and occupation of 
intended employment is to provide family housing, the employer shall 
provide family housing to workers with families requesting it.
  (c) Exception.--This section does not require an employer to provide 
housing for workers not entitled to it under the temporary labor 
certification regulations in effect on June 1, 1986.

Sec. 2507. Expedited administrative review

  (a) Procedure for Expedited Review.--Regulations prescribed by the 
Secretary of Labor under this chapter shall provide for an expedited 
procedure for a review of a decision of the Secretary not to approve or 
to revoke a certification or, at the applicant's request, a de novo 
administrative hearing on the record on the decision.
  (b) Decisions on Availability of United States Workers.--(1) The 
Secretary shall make a new decision about an application for 
certification under this chapter expeditiously, but not later than 72 
hours after the time the new decision is requested, if the 
certification originally was not approved in any part because of the 
availability of able, willing, and qualified United States workers and 
they are not available at the time the labor or services are needed.
  (2) An employer asserting that a United States worker referred to the 
employer is not able, willing, or qualified has the burden of proving 
that the worker is not able, willing, or qualified because of 
employment-related reasons.

Sec. 2508. Disqualification of aliens for violating conditions of prior 
admission

  An alien may not be admitted to the United States as a temporary 
agricultural worker if, during the prior 5 years, the alien was 
admitted as a temporary agricultural worker and violated a term of that 
admission.

Sec. 2509. Enforcement authority of the Secretary of Labor

  The Secretary of Labor may take actions necessary to ensure that 
employers comply with the terms of employment under this chapter, 
including--
          (1) imposing appropriate penalties; and
          (2) seeking appropriate equitable relief, including specific 
        performance of contractual obligations.

Sec. 2510. Endorsement of entry and exit documentation

  The Attorney General shall provide for the endorsement of entry and 
exit documentation of temporary agricultural workers necessary to carry 
out this chapter and to provide notice under chapter 111 of this title.

Sec. 2511. Preemption of State and local law

  This chapter and sections 2101 and 2314 of this title preempt State 
and local law regulating the admissibility of nonimmigrant workers.

Sec. 2512. Biennial reports

  (a) Reporting Requirement.--Not later than November 6 of each even-
numbered year, the President shall submit a report on the temporary 
agricultural worker program under this chapter to the Committees on the 
Judiciary of the Senate and the House of Representatives. The report 
shall include--
          (1) the number of temporary agricultural workers permitted to 
        be employed under the program in each year;
          (2) the compliance of employers and temporary agricultural 
        workers with the terms of the program;
          (3) the impact of the program on the labor needs of United 
        States agricultural employers and on the wages and working 
        conditions of United States agricultural workers; and
          (4) recommendations for changing the program, including--
                  (A) improving the timeliness of decisions about the 
                admission of temporary agricultural workers under the 
                program;
                  (B) removing any economic disincentive to hiring 
                United States workers for jobs for which temporary 
                agricultural workers have been requested;
                  (C) improving cooperation among government agencies, 
                employers, employer associations, workers, unions, and 
                other worker associations to end the dependence of any 
                industry on a constant supply of temporary agricultural 
                workers; and
                  (D) the relative benefits to United States workers 
                and burdens on employers of the policy of requiring 
                employers, as a condition for certification under the 
                program, to continue to accept qualified United States 
                workers for employment after the date the temporary 
                agricultural workers depart for work with the employer.
  (b) Recommendations Consistent With Policy.--The recommendations 
under subsection (a)(4)(D) of this section shall be made in furtherance 
of the policy that aliens be admitted as temporary agricultural workers 
only if the conditions specified by section 2502(a) of this title are 
satisfied.

Sec. 2513. Approval of regulations

  In consultation with the Secretaries of Labor and Agriculture, the 
Attorney General shall approve all regulations prescribed under this 
chapter and section 2314 of this title.

Sec. 2514. Authorization of appropriations

  (a) General Authorizations.--Necessary amounts may be appropriated 
each fiscal year to--
          (1) the Secretary of Labor to make findings and issue 
        certifications under this chapter and section 4104(g)(2) of 
        this title; and
          (2) the Secretary of Agriculture to carry out the Secretary's 
        duties and powers under section 2314 of this title related to 
        this chapter.
  (b) Specific Authorizations.--Not more than $10,000,000 may be 
appropriated each fiscal year--
          (1) to recruit United States workers for temporary labor and 
        services that otherwise might be performed by temporary 
        agricultural workers; and
          (2) to monitor the terms under which temporary agricultural 
        workers and United States workers employed by the same employer 
        are employed in the United States.

                     CHAPTER 27--ALIEN CREWMEMBERS

                          SUBCHAPTER I--GENERAL

Sec.
2701.  Providing lists.
2702.  Reports on unlawful landings.
2703.  Conditional permits to land temporarily.
2704.  Control of alien crewmembers.
2705.  Alien crewmembers afflicted with certain disabilities and 
          diseases.
2706.  Discharging alien crewmembers.

                      SUBCHAPTER II--LONGSHORE WORK

2721.  Definition.
2722.  General.
2723.  Prevailing practice.
2724.  Reciprocity.
2725.  Longshore work in Alaska.
2726.  Relationship to other laws and application.

                         SUBCHAPTER I--GENERAL

Sec. 2701. Providing lists

  (a) On Arrival.--Except as provided by subsection (c) of this 
section, when a vessel or aircraft arrives in the United States from a 
place outside the United States, the owner, agent, master, commanding 
officer, or consignee of the vessel or aircraft shall give an 
immigration officer at the port of arrival a list containing--
          (1)(A) the name and position of each alien crewmember on the 
        vessel or aircraft;
          (B) information on when and where each alien crewmember was 
        shipped or employed; and
          (C) the name of each alien crewmember who is to be paid off 
        or discharged in the port of arrival; or
          (2) information the Attorney General prescribes by 
        regulation.
  (b) On Departure.--Except as provided by subsection (c) of this 
section, before a vessel or aircraft departs from a port in the United 
States, the owner, agent, master, commanding officer, or consignee of 
the vessel or aircraft shall give an immigration officer at the port a 
list containing--
          (1) the name of each alien crewmember--
                  (A) not employed on the vessel or aircraft when it 
                arrived but who is leaving on the vessel or aircraft;
                  (B) paid off or discharged at the port; or
                  (C) who deserted or landed at the port; or
          (2) information the Attorney General prescribes by 
        regulation.
  (c) Exception.--The Attorney General shall prescribe when a list 
under this section shall be given for a vessel operating only on the 
Great Lakes, the Saint Lawrence River, and a connnecting waterway.
  (d) Regulations on Arrival and Departure.--The Attorney General may 
prescribe by regulation when a vessel or aircraft is deemed under this 
chapter to be arriving in, or departing from, the United States or a 
port of the United States.

Sec. 2702. Reports on unlawful landings

  As soon as it is discovered that an alien crewmember has landed 
unlawfully in the United States from a vessel or aircraft, the owner, 
agent, master, commanding officer, or consignee of the vessel or 
aircraft shall--
          (1) report the unlawful landing in writing to an immigration 
        officer; and
          (2) give the immigration officer a description of the 
        crewmember and information likely to lead to taking the 
        crewmember into custody.

Sec. 2703. Conditional permits to land temporarily

  (a) General Requirement.--An alien crewmember may land temporarily in 
the United States only as provided under this section or section 
2705(b), 6122, or 6123 of this title.
  (b) Authority to Grant Permits.--Under regulations the Attorney 
General prescribes, an immigration officer may grant an alien 
crewmember a conditional permit to land temporarily in the United 
States if the officer finds, after inspection, that the crewmember--
          (1) is a nonimmigrant under section 2305 of this title;
          (2) otherwise is admissible; and
          (3) has agreed to accept the permit.
  (c) Period of Validity.--A permit granted under subsection (b) of 
this section is valid for not more than--
          (1) the period (but not more than 29 days) that the vessel or 
        aircraft on which the alien crewmember arrived remains in port 
        if the immigration officer is satisfied the crewmember intends 
        to leave on that vessel or aircraft; or
          (2) 29 days if the immigration officer is satisfied the 
        crewmember intends to leave on another vessel or aircraft 
        within the period for which the crewmember is allowed to land.
  (d) Revocation.--(1) If an alien is granted a permit for a period 
under subsection (c)(1) of this section, and an immigration officer 
then decides the alien is not a crewmember or does not intend to leave 
on the vessel or aircraft on which the alien arrived, the immigration 
officer, under regulations prescribed by the Attorney General, may--
          (A) revoke the permit;
          (B) take the alien into custody; and
          (C) if practicable, require the master or commanding officer 
        of the vessel or aircraft on which the alien arrived to detain 
        the alien on the vessel or aircraft.
  (2) The owner of the vessel or aircraft on which an alien, detained 
under paragraph (1)(C) of this subsection, arrived in the United States 
shall pay the costs of detaining and deporting the alien.
  (3) An alien detained under paragraph (1)(C) of this subsection is 
not entitled to a deportation proceeding under section 6532 of this 
title.

Sec. 2704. Control of alien crewmembers

  (a) Detention and Deportation.--The owner, agent, master, commanding 
officer, charterer, or consignee of a vessel or aircraft arriving in 
the United States from a place outside the United States shall--
          (1) detain an alien crewmember on the vessel, or, at the 
        expense of the aircraft owner, detain an alien crewmember of an 
        aircraft at a place an immigration officer designates, until--
                  (A) an immigration officer inspects, and a medical 
                officer examines, the alien crewmember; and
                  (B) the alien crewmember is--
                          (i) granted a conditional permit to land 
                        temporarily under section 2703(b) of this 
                        title; or
                          (ii) allowed to land temporarily under 
                        section 2705(b) or 6123 of this title for 
                        medical or hospital treatment; and
          (2) deport an alien crewmember if required by an immigration 
        officer, whether before or after the crewmember is allowed to 
        land temporarily under section 2703(b), 2705(b), or 6123 of 
        this title.
  (b) Proof of Failure To Detain or Deport.--Except as the Attorney 
General prescribes by regulation, proof that the name of an alien 
crewmember is not on the outgoing manifest of the vessel or aircraft on 
which the crewmember arrived in the United States from a place outside 
the United States, or that the master or commanding officer of the 
vessel or aircraft reported the crewmember as a deserter, is prima 
facie evidence of the failure to detain or deport the crewmember.
  (c) Deportation on Another Vessel or Aircraft.--(1) If the Attorney 
General finds that deporting an alien crewmember under this section on 
the vessel or aircraft on which the crewmember arrived is impracticable 
or will cause unreasonable hardship to the crewmember, the Attorney 
General may require the crewmember to be deported from any port on 
another vessel or aircraft of the same owner unless the Attorney 
General finds deportation on such a vessel or aircraft to be 
impracticable. The owner of the vessel or aircraft on which the 
crewmember arrived shall pay the costs of deporting the crewmember as 
required by this subsection, including the costs of transferring the 
crewmember within the United States under conditions the Attorney 
General prescribes. The vessel or aircraft may be cleared only after 
the costs are paid or the Attorney General is satisfied that payment is 
guaranteed.
  (2) A transfer under this subsection is not a landing under this 
title.

Sec. 2705. Alien crewmembers afflicted with certain disabilities and 
diseases

  (a) Employment Prohibitions.--An alien crewmember afflicted with 
feeble-mindedness, insanity, epilepsy, tuberculosis, leprosy, or a 
dangerous contagious disease may not be employed on a vessel or 
aircraft carrying passengers when the vessel or aircraft arrives in the 
United States from a place outside the United States.
  (b) Hospitalization and Observation.--An alien crewmember found on 
arrival at a port in the United States to be afflicted with feeble-
mindedness, insanity, epilepsy, tuberculosis, leprosy, or a dangerous 
contagious disease shall be treated in a hospital designated by the 
immigration officer in charge of the port. An alien crewmember 
suspected of being afflicted may be removed from the vessel or aircraft 
on which the alien crewmember arrived to an appropriate place for 
observation to enable an examining medical officer to decide whether 
the crewmember is afflicted.
  (c) Payment of Costs.--The owner, agent, master, commanding officer, 
or consignee of the vessel or aircraft on which the alien crewmember 
arrived shall pay all costs incurred under subsection (b) of this 
section, including burial if the crewmember dies. The costs may not be 
deducted from the pay of the crewmember. The vessel or aircraft may be 
cleared only after the costs are paid or payment is guaranteed and the 
Secretary of the Treasury is notified by the immigration officer in 
charge of the port.
  (d) Returning an Incurable Crewmember.--When the immigration officer 
in charge of the port is satisfied that a crewmember hospitalized under 
subsection (b) of this section cannot be cured within a reasonable 
time, the owner of the vessel or aircraft on which the crewmember 
arrived shall return the crewmember or pay the costs of returning the 
crewmember under conditions the Attorney General prescribes to ensure 
that the crewmember is cared for properly and the spread of contagious 
disease is prevented.

Sec. 2706. Discharging alien crewmembers

  A person may pay off or discharge an alien crewmember (except a 
crewmember lawfully admitted for permanent residence) employed on a 
vessel or aircraft arriving in the United States only with the consent 
of the Attorney General.

                     SUBCHAPTER II--LONGSHORE WORK

Sec. 2721. Definition

  In this subchapter, ``longshore work''--
          (1) means an activity in the United States or the coastal 
        waters of the United States related to--
                  (A) loading or unloading cargo of a vessel;
                  (B) operating cargo-related equipment; and
                  (C) handling mooring lines on the dock when the 
                vessel is made fast or let go; but
          (2) does not include loading or unloading cargo for which the 
        Secretary of Transportation has prescribed regulations under 
        section 311 of the Federal Water Pollution Control Act (33 
        U.S.C. 1321), chapter 37 of title 46, section 105 or 106 of the 
        Hazardous Materials Transportation Act (49 App. U.S.C. 1804, 
        1805), or section 4106 of the Oil Pollution Act of 1990 (Public 
        Law 101-380, 104 Stat. 513) on--
                  (A) handling or stowing that cargo;
                  (B) manning, and the duties, qualifications, and 
                training of the officers and crewmembers of, vessels 
                transporting that cargo; and
                  (C) reducing or eliminating discharge during 
                ballasting, tank cleaning, or handling of that cargo.

Sec. 2722. General

  An alien crewmember may perform longshore work only as provided by 
section 2723, 2724, or 2725 of this title.

Sec. 2723. Prevailing practice

  (a) General.--(1) An alien crewmember performing a particular 
activity of longshore work in or around a port is serving in a capacity 
required for normal operation and service on a vessel under section 
2305(a) of this title if--
          (A) each collective bargaining agreement for that port 
        covering at least 30 percent of the employees performing 
        longshore work allows that activity to be performed by alien 
        crewmembers; or
          (B)(i) there is no collective bargaining agreement for the 
        port covering at least 30 percent of the employees performing 
        longshore work; and
          (ii) except as provided by paragraph (2) of this subsection, 
        an employer of the alien crewmember or the employer's 
        designated representative files an attestation described by 
        subsection (b)(1) of this section with the Secretary of Labor 
        at least 14 days before the date the activity will be performed 
        or, if necessary because of an unanticipated emergency, not 
        later than the date the activity will be performed.
  (2) An employer must file an attestation under paragraph (1)(B)(ii) 
of this subsection for a particular activity of longshore work 
involving the use of an automated self-loading conveyor belt or vacuum-
actuated system on a vessel only if the Secretary finds under 
subsection (f)(2) of this section that the activity is not an activity 
described by subsection (b)(1)(A) of this section.
  (b) Attestation Requirements.--(1) The attestation filed with the 
Secretary under subsection (a) of this section shall provide evidence 
that--
          (A) the performance of the particular activity of longshore 
        work by an alien crewmember is allowed under the prevailing 
        practice at the port at the time of the filing and that the 
        alien crewmember is not being employed for that activity--
                  (i) during a strike or lockout in a labor dispute; or
                  (ii) to influence an election of a bargaining 
                representative for employees in the port; and
          (B) the owner, agent, master, commanding officer, or 
        consignee has given notice of the attestation--
                  (i) to the bargaining representative of longshore 
                workers at the port; or
                  (ii) if there is no bargaining representative, to the 
                longshore workers employed at the port.
  (2) An attestation--
          (A) expires at the end of the one-year period beginning on 
        the date it is filed under subsection (a) of this section; and
          (B) applies to alien crewmembers arriving in the United 
        States during that period if the owner, agent, master, 
        commanding officer, or consignee states in each list provided 
        under section 2701 of this title that the employer continues to 
        comply with the conditions in the attestation.
  (3) An owner, agent, master, commanding officer, or consignee may 
provide a single list under section 2701 of this title to meet the 
requirements of paragraph (2)(B) of this subsection for more than one 
alien crewmember.
  (c) Public Information.--The Secretary shall compile and make 
available for public examination in a timely way in the District of 
Columbia--
          (1) information identifying each owner, agent, master, 
        commanding officer, and consignee that has filed a list under 
        section 2701 of this title for an alien crewmember classified 
        as a nonimmigrant under section 2305(a) of this title for whom 
        an attestation under subsection (a) of this section or section 
        2725(b) of this title is filed; and
          (2) for each employer a copy of--
                  (A) the attestation and accompanying documentation; 
                and
                  (B) each list filed for the employer under section 
                2701 of this title and described by clause (1) of this 
                subsection.
  (d) Complaints.--(1) Any adversely affected person, including a 
bargaining representative, association the Secretary decides is 
appropriate, or other adversely affected person as provided under 
regulations of the Secretary, may file a complaint--
          (A) about an employer's failure to meet conditions stated in 
        an attestation filed under subsection (a) of this section;
          (B) about an employer's misrepresentation of a material fact 
        in the attestation; or
          (C) for longshore work described by subsection (a)(2) of this 
        section, that the particular activity of longshore work is not 
        an activity described by subsection (b)(1)(A) of this section.
  (2) The Secretary shall establish a procedure for receiving, 
investigating, and disposing of complaints filed under this subsection. 
The Secretary shall conduct an investigation under this subsection 
promptly if there is reasonable cause to believe the allegations of the 
complaint.
  (3)(A) If the Secretary decides that reasonable cause exists to 
conduct an investigation about a complaint filed under paragraph (1)(A) 
or (B) of this subsection, the person making the complaint may request 
that the employer stop, during the hearing procedure under subsection 
(e) of this section, the particular activity of longshore work attested 
to by the employer. The employer shall be notified of the request and 
shall respond not later than 14 days after receiving the notice.
  (B) If the Secretary makes an initial decision that the complaint is 
supported by a preponderance of the evidence submitted, the Secretary 
immediately shall require that the employer stop that activity until 
after the hearing procedure under subsection (e) of this section.
  (4)(A) If the Secretary decides that reasonable cause exists to 
conduct an investigation about a complaint under paragraph (1)(C) of 
this subsection, the person making the complaint may request that the 
employer stop, during the hearing procedure under subsection (e) of 
this section, the particular activity of longshore work involved in the 
complaint unless the employer files an attestation with the Secretary 
under subsection (a) of this section. The employer shall be notified of 
the request and shall respond not later than 14 days after receiving 
the notice.
  (B) If the Secretary makes an initial decision that the complaint is 
supported by a preponderance of the evidence submitted, the Secretary 
immediately shall require that the employer stop that activity until 
after the hearing procedure under subsection (e) of this section, 
unless the employer files an attestation under subsection (a) of this 
section.
  (e) Proceedings.--Not later than 180 days after a complaint is filed 
under subsection (d) of this section, or later for good cause shown, 
the Secretary shall decide whether a basis exists to make a finding 
described by subsection (f) of this section. The Secretary shall give 
interested persons notice of that decision and an opportunity for a 
hearing on the complaint not later than 60 days after making the 
decision.
  (f) Findings.--(1)(A) If, after notice and an opportunity for a 
hearing under subsection (e) of this section, the Secretary finds that 
an employer has failed to meet a condition, or has misrepresented a 
material fact, in an attestation filed under subsection (a) of this 
section, the Secretary--
          (i) shall notify the Attorney General of the finding; and
          (ii) may impose other administrative remedies, including a 
        civil penalty under section 10118 of this title, the Secretary 
        decides are appropriate.
  (B) When the Attorney General receives notice under this paragraph, 
the Attorney General shall deny any vessel owned or chartered by the 
employer entry to a port of the United States for not more than one 
year.
  (2) For longshore work described by subsection (a)(2) of this 
section, if the Secretary finds, after notice and an opportunity for a 
hearing under subsection (e) of this section and based on a 
preponderance of the evidence submitted by any interested person, that 
the particular activity of longshore work is not an activity described 
by subsection (b)(1)(A) of this section--
          (A) the Secretary shall notify the Attorney General of the 
        finding; and
          (B) the employer shall file an attestation under subsection 
        (a) of this section for that activity.
  (3) When the Secretary finds that an alien crewmember is not allowed 
to perform a particular activity of longshore work under the prevailing 
practice at a port, another attestation under subsection (a) of this 
section about that activity in that port may not be filed for one year.
  (g) Longshore Work in Alaska.--Except as provided by section 2725(c) 
of this title, this section does not apply to longshore work performed 
in Alaska.

Sec. 2724. Reciprocity

  (a) Definition.--In this section, ``practice'' means an activity 
normally performed in a foreign country during the one-year period 
before a vessel arrives in the United States or the coastal waters of 
the United States.
  (b) General.--(1) An alien crewmember preforming a particular 
activity of longshore work in or about a port is serving in a capacity 
required for normal operation and service on a vessel under section 
2305(a) of this title, and the Attorney General shall allow an alien 
crewmember on a vessel to perform a particular activity of longshore 
work, if--
          (A) that vessel is registered in a foreign country that by 
        law, regulation, or practice does not prohibit that activity by 
        crewmembers on United States vessels; or
          (B) nationals of a foreign country that, by law, regulation, 
        or practice does not prohibit that activity by crewmembers on 
        United States vessels, hold a majority ownership interest in 
        that vessel.
  (2) The Secretary of State shall compile and annually maintain, under 
section 553 of title 5, a list, by particular activity of longshore 
work, of foreign countries in which crewmembers on United States 
vessels are prohibited by law, regulation, or practice from performing 
a particular activity of longshore work.

Sec. 2725. Longshore work in Alaska

  (a) Definitions.--In this section--
          (1) ``contract stevedoring companies'' means those 
        stevedoring companies licensed to do business in Alaska that 
        meet the requirements of section 32 of the Longshore and Harbor 
        Workers' Compensation Act (33 U.S.C. 932).
          (2) ``employer'' includes any agent or representative 
        designated by the employer.
  (b) General.--(1) An alien crewmember performing a particular 
activity of longshore work at a particular location in Alaska is 
serving in a capacity required for normal operation and service on a 
vessel under section 2305(a) of this title if an employer of the alien 
crewmember files an attestation with the Secretary of Labor at least 30 
days before the date the activity will be performed or at least 24 
hours before the activity will be performed if the employer shows that 
the employer reasonably could not have anticipated the need to file an 
attestation for that location at that time.
  (2) The attestation filed under paragraph (1) of this subsection 
shall provide evidence that--
          (A) the employer will request from the parties to whom notice 
        has been given under clause (D) (ii) and (iii) of this 
        paragraph United States longshore workers who, under industry 
        standards in Alaska, including safety considerations, are 
        qualified and available in sufficient numbers to perform the 
        activity at the particular time and location, except that--
                  (i) when 2 or more contract stevedoring companies 
                have signed a joint collective bargaining agreement 
                with a single labor organization described by clause 
                (D)(i) of this paragraph, the employer may request 
                longshore workers from only one of those companies; and
                  (ii) a request to a private dock operator for 
                longshore workers may be made only for longshore work 
                to be performed at that dock and only if the operator 
                meets the requirements of section 32 of the Longshore 
                and Harbor Workers' Compensation Act (33 U.S.C. 932);
          (B) the employer will employ all those United States 
        longshore workers made available under clause (A) of this 
        paragraph who, under industry standards in Alaska, including 
        safety considerations, are qualified and available in 
        sufficient numbers and who are needed to perform the longshore 
        activity at the particular time and location;
          (C) using alien crewmembers for that activity is not intended 
        or designed to influence an election of a bargaining 
        representative for workers in Alaska; and
          (D) the employer has given notice of the attestation--
                  (i) to labor organizations recognized as exclusive 
                bargaining representatives of United States longshore 
                workers within the meaning of the National Labor 
                Relations Act (29 U.S.C. 141 et seq.) and that make, or 
                intend to make, workers available at the particular 
                location where the longshore work is to be performed;
                  (ii) to contract stevedoring companies that employ or 
                intend to employ United States longshore workers at the 
                location; and
                  (iii) to operators of private docks at which the 
                employer will use longshore workers.
  (3)(A) During the period that an attestation an employer files under 
paragraph (1) of this subsection is valid, the employer must request 
and employ United States longshore workers as provided under paragraph 
(2) before using alien crewmembers to perform the activity specified in 
the attestation. However, an employer is not required to request United 
States longshore workers from a person who has given the employer 
written notice that the person does not intend to make United States 
longshore workers available at the particular location where the 
longshore work is to be performed.
  (B) If a person that provided notice under subparagraph (A) of this 
paragraph later gives the employer written notice that the person is 
prepared to make available United States longshore workers who, under 
industry standards in Alaska, including safety considerations, are 
qualified and available in sufficient numbers to perform the longshore 
activity at the particular location where the longshore work is to be 
performed, the obligation of the employer to that person under 
paragraph (2) (A) and (B) of this subsection begins 60 days after the 
date the notice was given under this clause.
  (4)(A) An employer filing an attestation under paragraph (1) of this 
subsection is not required--
          (i) to hire less than a full work unit of United States 
        longshore workers needed to perform the longshore activity;
          (ii) to provide overnight accommodations for the longshore 
        workers while employed; or
          (iii) to provide transportation to the particular location 
        where the longshore activity will be performed, except where--
                  (I) surface transportation is available;
                  (II) that transportation may be accomplished safely;
                  (III) travel time to the vessel is not more than one-
                half hour each way; and
                  (IV) travel distance to the vessel from the point of 
                embarkation is not more than 5 miles.
  (B) In the case of Wide Bay, Alaska, and Klawock/Craig, Alaska, the 
travel time and distance described by clause (A)(iii) of this paragraph 
are extended to 45 minutes and 7.5 miles, respectively, unless the 
person responding to the request for longshore workers agrees to the 
lesser time and distance limitations described by clause (A)(iii).
  (5) Except as provided by section 2723(c)-(e) of this title, an 
attestation filed under paragraph (1) of this subsection--
          (A) expires at the end of the one-year period beginning on 
        the date specified in the attestation that the employer 
        anticipates the longshore work will begin; and
          (B) applies to alien crewmembers arriving in the United 
        States during that period if the owner, agent, master, 
        commanding officer, or consignee states in each list provided 
        under section 2701 of this title that the employer continues to 
        comply with the conditions in the attestation.
  (c) Application of Section 2723.--(1) Except as provided by paragraph 
(2) of this subsection, section 2723(b)(3)-(f)(2) of this title applies 
to an attestation filed under subsection (b)(1) of this section.
  (2) Section 2723 of this title applies to the use of alien 
crewmembers to perform longshore work in Alaska involving the use of an 
automated self-loading conveyor belt or vacuum-actuated system on a 
vessel.
  (d) Regulations.--The Secretary shall prescribe regulations necessary 
to carry out this section.

Sec. 2726. Relationship to other laws and application

  This section does not affect--
          (1) the meaning or scope of longshore work under another 
        provision of law, a collective bargaining agreement, or an 
        international agreement; or
          (2) the performance of longshore work by nationals of the 
        United States.

           CHAPTER 29--FACILITIES EMPLOYING REGISTERED NURSES

 2901.  Definition.
 2902.  Attestation requirements.
 2903.  State plans.
 2904.  Public availability of information.
 2905.  Complaints, investigations, and penalties.

Sec. 2901. Definition

  In this chapter, ``facility'' includes an employer that employs 
registered nurses in a home setting.

Sec. 2902. Attestation requirements

  (a) General.--Except as provided by subsection (b) of this section, a 
facility seeking to employ a nonimmigrant registered nurse under 
section 2325 of this title must file with the Secretary of Labor an 
attestation stating the following:
          (1) A substantial disruption in the delivery of health care 
        services of the facility would occur through no fault of the 
        facility without the services of a nonimmigrant registered 
        nurse.
          (2) Employment of a nonimmigrant registered nurse will not 
        adversely affect the wages and working conditions of other 
        registered nurses similarly employed.
          (3) A nonimmigrant registered nurse employed by the facility 
        will be paid at the wage rate paid for other registered nurses 
        similarly employed by the facility.
          (4) The facility--
                  (A) has taken or is taking timely and significant 
                steps to recruit and retain sufficient registered 
                nurses who are citizens of the United States or 
                immigrants authorized to perform nursing services, to 
                remove as quickly as reasonably possible the dependence 
                of the facility on nonimmigrant registered nurses; or
                  (B) is subject to a State plan for the recruitment 
                and retention of nurses approved under section 2903 of 
                this title.
          (5) There is no strike or lockout in the course of a labor 
        dispute, and the employment of nonimmigrant registered nurses 
        is not intended or designed to influence an election for a 
        bargaining representative for registered nurses of the 
        facility.
          (6) At the time of filing the petition under section 2325(c) 
        of this title, the facility has given notice of the filing to 
        the bargaining representative of the registered nurses employed 
        by the facility or, if there is no bargaining representative, 
        to the registered nurses employed by the facility by posting 
        the notice in conspicuous locations.
  (b) Waivers.--For a nonimmigrant registered nurse performing services 
at a worksite (except at the employer's worksite or at a worksite 
controlled by the employer) and for whom the employer has filed an 
attestation under subsection (a) of this section, the Secretary may 
waive the requirement to file an attestation for the worksite as may be 
appropriate--
          (1) to avoid duplicative attestations;
          (2) in temporary, emergency situations;
          (3) for information the attestor does not know; or
          (4) for other good cause.
  (c) Fault if Facility Has Laid Off Nurses.--A facility does not meet 
subsection (a)(1) of this section if the facility has laid off 
registered nurses within the prior year. However, a facility that lays 
off a registered nurse (except a staff nurse) meets subsection (a)(1) 
if the facility has attested that it will not replace the nurse with a 
nonimmigrant registered nurse described by section 2325(b) of this 
section for one year after the date of the layoff.
  (d) Significant Steps To Recruit and Retain Nurses.--(1) Each of the 
following is a significant step reasonably designed to recruit and 
retain registered nurses meeting the requirement of subsection 
(a)(4)(A) of this section:
          (A) operating a training program for registered nurses at the 
        facility or financing (or providing participation in) a 
        training program for registered nurses elsewhere.
          (B) providing career development programs and other methods 
        of facilitating health care workers to become registered 
        nurses.
          (C) paying registered nurses at a rate higher than that 
        currently being paid to registered nurses similarly employed in 
        the geographic area.
          (D) providing adequate support services to free registered 
        nurses from administrative and other non-nursing duties.
          (E) providing reasonable opportunities for meaningful salary 
        advancement by registered nurses.
  (2) Paragraph (1) of this subsection is not an exclusive list of the 
steps that may be taken to meet the requirement of subsection (a)(4)(A) 
of this section. A facility is not required to take more than one step 
if the facility can demonstrate that taking an additional step is not 
reasonable.
  (e) Effectiveness of Attestation.--(1) Subject to section 2905 of 
this title, an attestation under subsection (a) of this section--
          (A) expires at the end of the one-year period beginning on 
        the date the attestation is filed with the Secretary; and
          (B) applies to petitions filed during that one-year period if 
        the facility states in each petition filed under section 
        2325(c) of this title that it continues to comply with the 
        conditions in the attestation.
  (2) A facility may file a single petition to meet the requirements of 
this section for more than one registered nurse.

Sec. 2903. State plans

  The Secretary of Labor shall provide for a procedure under which a 
State may submit to the Secretary of Labor a plan for the recruitment 
and retention of citizens of the United States and immigrants 
authorized to perform nursing services as registered nurses in 
facilities in the State. A plan may include counseling and educating 
health workers and other individuals about employment opportunities 
available to registered nurses. Annually in consultation with the 
Secretary of Health and Human Services, the Secretary of Labor shall 
provide for approving or disapproving the State plan as provided by 
section 2902(a)(4)(B) of this title. A plan may be approved in regard 
to a facility only if the plan provides for taking significant steps 
described by section 2902(a)(4)(A) of this title to recruit and retain 
registered nurses at that facility.

Sec. 2904. Public availability of information

  The Secretary of Labor shall compile and make available for public 
examination in a timely manner in the District of Columbia--
          (1) a list of facilities that have filed petitions to employ 
        nonimmigrant registered nurses applying to be classified under 
        section 2325 of this title; and
          (2) for each facility, a copy of the petitions, attestations, 
        and accompanying documentation filed by each facility.

Sec. 2905. Complaints, investigations, and penalties

  (a) Complaints and Investigations.--(1) The Secretary of Labor shall 
establish a procedure for receiving, investigating, and disposing of 
complaints filed about a facility's failure to satisfy a condition 
attested to, or a facility's misrepresentation of a material fact, in 
an attestation.
  (2) Any person adversely affected by an attestation under section 
2902(a) of this title, including a bargaining representative, 
association the Secretary decides is appropriate, or other adversely 
affected person, may file a complaint with the Secretary. The Secretary 
shall conduct an investigation if there is reasonable cause to believe 
that the facility does not meet a condition attested to.
  (3) Not later than 180 days after a complaint is filed, the Secretary 
shall decide whether a basis exists to make a finding described by 
subsection (b) of this section. If the Secretary decides that a basis 
exists, the Secretary shall give notice of that decision to the 
interested parties and an opportunity for a hearing on the complaint 
not later than 60 days after making the decision.
  (b) Findings and Penalties.--(1) If the Secretary finds, after notice 
and an opportunity for a hearing, that a facility has failed to satisfy 
a condition attested to or has misrepresented a material fact in an 
attestation, the Secretary--
          (A) shall notify the Attorney General of the finding;
          (B) may impose other administrative remedies, including a 
        civil penalty of not more than $1,000 for each violation; and
          (C) if the facility has not paid the prevailing wage as 
        attested to under section 2902(a)(3) of this title, shall order 
        the facility to pay an amount of back wages necessary to comply 
        with section 2902(a)(3).
  (2) For at least one year after receiving notice under paragraph 
(1)(A) of this subsection, the Attorney General may not approve a 
petition filed under subsection 2325(c) of this title by that facility 
for the employment of a nonimmigrant registered nurse.

PART B--IMMIGRANTS

                   CHAPTER 41--NUMERICAL LIMITATIONS

Sec.
4101.  General requirements.
4102.  Annual worldwide numerical limitations.
4103.  Visa allocation for family-sponsored immigrants.
4104.  Visa allocation for employment-based immigrants.
4105.  Visa allocation for diversity immigrants.
4106.  Special immigrants having honorable military service.
4107.  Special immigrants employed in Panama.
4108.  Status of spouses and children.
4109.  Estimating number of visas to be granted.
4110.  Pilot program.
4111.  Limitations on admissions from individual foreign countries.
4112.  Charging immigrants to foreign countries.
4113.  Burden of proof.

Sec. 4101. General requirements

  Except for aliens described by section 4102(d) of this title, an 
alien may be granted an immigrant visa or otherwise become an alien 
lawfully admitted for permanent residence only if--
          (1)(A) the alien is a family-sponsored immigrant described by 
        section 4103(b)-(e) of this title or admitted under section 
        4311(a)(1) of this title because a visa previously was granted 
        to the accompanying parent under section 4103(b)-(e) of this 
        title; and
          (B) the numerical limitations of section 4102(a) of this 
        title are not exceeded;
          (2)(A) the alien is an employment-based immigrant described 
        by sections 4104(b)-(f) and 4106(a) of this title or admitted 
        under section 4311(a)(1) of this title because a visa 
        previously was granted to the accompanying parent under section 
        4104(b)-(f) or 4106(a) of this title; and
          (B) the numerical limitations of section 4102(b) of this 
        title are not exceeded; or
          (3)(A) for fiscal years beginning after September 30, 1994, 
        the alien is a diversity immigrant described by section 
        4105(c)-(h) of this title or admitted under section 4311(a)(1) 
        of this title because a visa previously was granted to the 
        accompanying parent under section 4105(c)-(h) of this title; 
        and
          (B) the numerical limitations of section 4102(c) of this 
        title are not exceeded.

Sec. 4102. Annual worldwide numerical limitations

  (a) Family-Sponsored Immigrants.--(1) The worldwide numerical 
limitation for family-sponsored immigrants for a fiscal year is the 
greater of--
          (A)(i) 480,000 (except that for the fiscal year ending 
        September 30, 1994, the maximum number is 465,000); minus
          (ii) the number of aliens described by subsection (d)(6)-(8) 
        of this section granted immigrant visas or who otherwise became 
        aliens lawfully admitted for permanent residence in the prior 
        fiscal year; plus
          (iii) any difference between the maximum number of 
        employment-based immigrant visas that could have been granted 
        and the number that were granted during the prior fiscal year; 
        or
          (B) 226,000.
  (2) In each of the first 3 quarters of a fiscal year, the number of 
aliens granted visas and otherwise becoming aliens lawfully admitted 
for permanent residence as family-sponsored immigrants may not be more 
than 27 percent of the numerical limitation computed under paragraph 
(1) of this section for that fiscal year.
  (b) Employment-Based Immigrants.--(1) The worldwide numerical 
limitation for employment-based immigrants for a fiscal year is--
          (A) not more than 140,000; plus
          (B) any difference between the maximum number of family-
        sponsored immigrant visas that could have been granted and the 
        number that were granted during the prior fiscal year.
  (2) In each of the first 3 quarters of a fiscal year, the number of 
aliens granted visas and otherwise becoming aliens lawfully admitted 
for permanent residence as employment-based immigrants may not be more 
than 27 percent of the numerical limitation computed under paragraph 
(1) of this section for that fiscal year.
  (c) Diversity Immigrants.--(1) The worldwide numerical limitation for 
diversity immigrants for a fiscal year is 55,000.
  (2) In each of the first 3 quarters of a fiscal year, the number of 
aliens granted visas and otherwise becoming aliens lawfully admitted 
for permanent residence as diversity immigrants may not be more than 27 
percent of the numerical limitation computed under paragraph (1) of 
this section for that fiscal year.
  (d) Nonapplication.--The numerical limitations of this section do not 
apply to--
          (1) a special immigrant as defined by section 137(a)(1) or 
        (2) of this title;
          (2) an alien admitted under section 5105 of this title or 
        whose status is changed under section 5107 of this title;
          (3) an alien who becomes lawfully admitted for permanent 
        residence under chapter 93 of this title or section 210 or 210A 
        of the Immigration and Nationality Act (ch. 477, 66 Stat. 163);
          (4) an alien whose deportation is suspended under section 
        6538(a) of this title;
          (5) an alien whose status is changed to that of an alien 
        lawfully admitted for permanent residence under section 9104 of 
        this title;
          (6) an immediate relative;
          (7) an alien admitted under section 4311(a)(1) of this title 
        because the accompanying parent is an immediate relative 
        previously granted a visa; and
          (8) an alien born to an alien lawfully admitted for permanent 
        residence during a temporary visit outside the United States.

Sec. 4103. Visa allocation for family-sponsored immigrants

  (a) General.--Aliens subject to the worldwide numerical limitation of 
section 4102(a) of this title for qualified family-sponsored immigrants 
shall be allocated visas each fiscal year as provided by this section.
  (b) Unmarried Sons and Daughters of Citizens.--Not more than 23,400 
visas, plus visas not required under subsection (e) of this section, 
shall be allocated to unmarried sons and unmarried daughters of 
citizens of the United States.
  (c) Families of Aliens Lawfully Admitted.--Not more than 114,200 
visas, plus the number by which the worldwide numerical limitation is 
more than 226,000, plus visas not required under subsection (b) of this 
section, shall be allocated to the spouses, children, and unmarried 
sons and unmarried daughters (but not children) of aliens lawfully 
admitted for permanent residence. At least 77 percent of visas 
allocated under this subsection shall be made available to those 
spouses and children.
  (d) Married Sons and Daughters of Citizens.--Not more than 23,400 
visas, plus visas not required under subsections (b) and (c) of this 
section, shall be allocated to married sons and married daughters of 
citizens of the United States.
  (e) Brothers and Sisters of Citizens.--Not more than 65,000 visas, 
plus visas not required under subsections (b)-(d) of this section, 
shall be allocated to brothers and sisters of citizens of the United 
States who are at least 21 years of age.

Sec. 4104. Visa allocation for employment-based immigrants

  (a) General.--Aliens subject to the worldwide numerical limitation of 
section 4102(b) of this title for qualified employment-based immigrants 
shall be allocated visas each fiscal year as provided by this section.
  (b) Priority Workers.--(1) A number of visas equal to not more than 
28.6 percent of the worldwide numerical limitation of section 4102(b) 
of this title, plus visas not required under subsections (e) and (f) of 
this section, shall be allocated to the following aliens:
          (A) a qualified immigrant--
                  (i) having extraordinary ability in the sciences, 
                arts, education, business, or athletics that has been 
                demonstrated by sustained national or international 
                acclaim;
                  (ii) whose achievements have been recognized in the 
                field through extensive documentation;
                  (iii) who is seeking to enter the United States to 
                continue work in the area of extraordinary ability; and
                  (iv) whose entry will benefit the United States 
                substantially.
          (B) a qualified immigrant--
                  (i) recognized internationally as outstanding in a 
                specific academic area;
                  (ii) with at least 3 years of teaching or research 
                experience in the academic area; and
                  (iii) who is seeking to enter the United States for a 
                tenured (or tenure-track) position in a university or 
                institution of higher education to teach in the 
                academic area, for a comparable position with a 
                university or institute of higher education to conduct 
                research in the area, or for a comparable position to 
                conduct research in the area with a department, 
                division, or institute of a private employer that 
                employs at least 3 individuals full-time in research 
                activities and has achieved documented accomplishments 
                in an academic field.
          (C) a qualified immigrant--
                  (i) who, in the 3 years prior to the application for 
                classification and admission to the United States under 
                this paragraph, has been employed for at least one year 
                by an entity or an affiliate or subsidiary of the 
                entity; and
                  (ii) who is seeking to enter the United States to 
                continue to provide services to the same employer, or 
                an affiliate or subsidiary of the employer, in a 
                managerial or executive capacity.
  (2) In applying paragraph (1)(C) of this subsection, a partnership or 
similar organization organized outside the United States to provide 
accounting services is deemed to be an affiliate of a partnership 
organized in the United States to provide accounting services if--
          (A) the partnership or similar organization organized outside 
        the United States markets its accounting services under an 
        internationally recognized name under an agreement with a 
        worldwide coordinating organization owned and controlled by the 
        member accounting firms of which the United States partnership 
        is also a member; and
          (B) the United States partnership markets its accounting 
        services under the same internationally recognized name under 
        an agreement with the worldwide coordinating organization.
  (c) Members of Professions.--(1) A number of visas equal to not more 
than 28.6 percent of the worldwide numerical limitation of section 
4102(b) of this title, plus visas not required under subsection (b) of 
this section, shall be allocated to qualified immigrants--
          (A) who are members of the professions holding advanced 
        degrees or their equivalent or who because of their exceptional 
        ability in the sciences, arts, or business will benefit 
        substantially the economy, cultural or educational interests, 
        or welfare of the United States; and
          (B) whose services in the sciences, arts, professions, or 
        business are sought by an employer in the United States.
  (2) An alien may be granted an immigrant visa under this subsection 
only if the consular officer has received the decision and 
certification of the Secretary of Labor under subsection (g)(2) of this 
section.
  (3) When the Attorney General considers it to be in the interest of 
the United States, the Attorney General may waive the requirement of 
paragraph (1) of this subsection that an alien's services in the 
sciences, arts, professions, or business be sought by an employer in 
the United States.
  (4) Possession of a degree, diploma, certificate, or similar award 
from an institution of learning, a license to practice, or 
certification for a profession or occupation is not sufficient evidence 
by itself under paragraph (1) of this subsection that an immigrant has 
exceptional ability.
  (d) Skilled Workers, Professionals, and Other Workers.--(1) Except as 
provided by paragraph (2) of this subsection, a number of visas equal 
to not more than 28.6 percent of the worldwide numerical limitation of 
section 4102(b) of this title, plus visas not required under 
subsections (b) and (c) of this section, shall be allocated to the 
following aliens not described by subsection (c)(1) of this section:
          (A) a qualified immigrant who is capable, when petitioning 
        for classification under this subsection, of performing skilled 
        labor that requires at least 2 years training or experience, 
        that is not temporary or seasonal, and for which qualified 
        workers are not available in the United States.
          (B) a qualified immigrant who holds a baccalaureate degree 
        and is a member of a profession.
          (C) a qualified immigrant capable, when petitioning for 
        classification under this subsection, of performing unskilled 
        labor that is not temporary or seasonal and for which qualified 
        workers are not available in the United States.
  (2) Not more than 10,000 of the visas allocated under this subsection 
in a fiscal year are available for immigrants described by paragraph 
(1)(C) of this subsection.
  (3) An alien may be granted an immigrant visa under this subsection 
only if the consular officer has received the decision and 
certification of the Secretary of Labor under subsection (g)(2) of this 
section.
  (e) Certain Special Immigrants.--A number of visas equal to not more 
than 7.1 percent of the worldwide numerical limitation of section 
4102(b) of this title shall be allocated to qualified special 
immigrants as defined by section 137(a)(3)-(13) of this title, except 
that not more than 5,000 of those visas may be allocated in a fiscal 
year to special immigrants as defined by section 137(a)(3)(A)(ii)(II) 
and (III) of this title.
  (f) Employment Creation.--(1) In this subsection--
          (A) ``targeted employment area'' means, at the time of 
        investment, a rural area or an area that has experienced 
        unemployment that is at least 150 percent of the national 
        average.
          (B) ``rural area'' means an area not in a metropolitan 
        statistical area or not in the outer boundary of a city or town 
        having a population, based on the latest United States 
        decennial census, of at least 20,000.
  (2) A number of visas equal to not more than 7.1 percent of the 
worldwide numerical limitation of section 4102(b) of this title shall 
be allocated to qualified immigrants seeking to enter the United States 
to engage in a new commercial enterprise--
          (A) that the alien has established;
          (B) in which the alien has invested after November 29, 1990, 
        or is actively in the process of investing, at least 
        $1,000,000; and
          (C) that will benefit the United States economy and create 
        full-time employment for at least 10 United States citizens, 
        aliens lawfully admitted for permanent residence, or other 
        immigrants lawfully authorized to be employed in the United 
        States, except the qualified immigrant and the qualified 
        immigrant's spouse, sons, and daughters.
  (3) At least 3,000 of the visas allocated under paragraph (1) of this 
subsection in each fiscal year shall be reserved for qualified 
immigrants who establish a new commercial enterprise described by 
paragraph (1) that will create employment in a targeted employment 
area.
  (4)(A) In consultation with the Secretaries of Labor and State, the 
Attorney General may prescribe regulations increasing the amount 
specified by paragraph (2)(B) of this subsection.
  (B) For an investment made in a targeted employment area, the 
Attorney General may specify that the amount of capital required under 
paragraph (2)(B) of this subsection be less than, but at least 50 
percent of, the amount specified by paragraph (2)(B).
  (C) For an investment made in a metropolitan statistical area that at 
the time of investment is not a targeted employment area and has an 
unemployment rate significantly below the national average, the 
Attorney General may specify that the amount of capital required under 
paragraph (2)(B) of this subsection be more than, but not more than 3 
times, the amount specified in paragraph (2)(B).
  (g) Additional Requirements for Employment-Based Immigrants.--(1) An 
alien applying for a visa under subsection (c) or (d) of this section 
who is a graduate of a medical school not accredited by an entity 
approved by the Secretary of Education and who is coming to the United 
States principally to perform services as a member of the medical 
profession may be granted the visa only if the alien--
          (A) has passed parts I and II of the National Board of 
        Medical Examiners Examination or an examination the Secretary 
        of Health and Human Services decides is equivalent, or on 
        January 9, 1978, was fully and permanently licensed to practice 
        medicine in a State and was practicing medicine in a State on 
        that date; and
          (B) is competent in oral and written English.
  (2) An alien applying for a visa under subsection (c) or (d) of this 
section to perform skilled or unskilled labor may be granted the visa 
only if the Secretary of Labor decides and certifies to the Secretary 
of State and the Attorney General that--
          (A) there are not enough workers who are able, willing, 
        qualified (or equally qualified if the alien is a member of the 
        teaching profession or has exceptional ability in the sciences 
        or arts), and available when the alien applies for the visa and 
        admission and where the alien is to perform that labor; and
          (B) employment of the alien will not affect adversely the pay 
        and working conditions of similarly employed workers in the 
        United States.
  (3) Before making a decision and certification under paragraph (2) of 
this subsection, the Secretary of Labor shall provide that--
          (A) a certification may be made only if the applicant, when 
        filing the application, has provided notice of the filing to 
        the bargaining representative of the employer's employees in 
        the occupational classification and area for which aliens are 
        sought or, if there is no bargaining representative, to 
        employees employed at the facility through posting at 
        conspicuous locations; and
          (B) any person may submit documentary evidence related to the 
        application, including information on available workers, pay 
        and working conditions, and the employer's failure to meet 
        conditions of employing alien workers and co-workers.

Sec. 4105. Visa allocation for diversity immigrants

  (a) Definitions.--In this section--
          (1) ``high-admission foreign country'' means a foreign 
        country for which the number determined under subsection (c) of 
        this section is more than 50,000.
          (2) ``high-admission region'' means a region for which the 
        total of the numbers determined under subsection (c) of this 
        section for foreign countries in the region is more than one-
        sixth of the total of the numbers for all foreign countries.
          (3) ``low-admission foreign country'' means a foreign country 
        that is not a high-admission foreign country.
          (4) ``low-admission region'' means a region that is not a 
        high-admission region.
          (5) Northern Ireland is deemed to be a separate foreign 
        country.
          (6) an overseas dependent area of a foreign country is deemed 
        to be part of the foreign country.
          (7) the area in each of the following is a separate region:
                  (A) Africa.
                  (B) Asia.
                  (C) Europe.
                  (D) North America, except Mexico.
                  (E) Oceania.
                  (F) South America, Mexico, Central America, and the 
                Caribbean.
  (b) General.--Aliens subject to the worldwide numerical limitations 
of section 4102(c) of this title for qualified diversity immigrants 
shall be allocated visas for each fiscal year as provided by this 
section.
  (c) Determination of Numbers of Certain Aliens.--For the most recent 
prior 5-year period for which information is available, the Attorney 
General shall determine the total number of aliens who are natives of 
each foreign country and who--
          (1) were admitted or otherwise acquired the status of an 
        alien lawfully admitted for permanent residence (except under 
        this section); and
          (2) were subject to the numerical limitations for family-
        sponsored and employment-based immigrants under sections 4103 
        and 4104 of this title or were admitted or otherwise acquired 
        the status of an alien lawfully admitted for permanent 
        residence as an alien described by section 4102(d)(6)-(8) of 
        this title.
  (d) Identification.--The Attorney General shall identify each 
high<gr-thn-eq>admission foreign country and region and each low-
admission country and <gr-thn-eq>region.
  (e) Percentage and Ratio Determinations.--The Attorney General shall 
determine--
          (1) the percentage of the total of the number determined 
        under subsection (c) of this section that applies to foreign 
        countries in high<gr-thn-eq>admission regions;
          (2) based on available estimates for each region, the total 
        population of each region, excluding the population of any 
        high-admission foreign country;
          (3) for each low-admission region, the ratio of the 
        population of the region determined under clause (2) of this 
        subsection to the total population determined under clause (2) 
        for all low-admission regions; and
          (4) for each high-admission region, the ratio of the 
        population of the region determined under clause (2) of this 
        subsection to the total population determined under clause (2) 
        for all high-admission regions.
  (f) Allocation of Visas.--(1) The percentage of visas allocated under 
this section to natives of a high-admission foreign country is 0.
  (2) Except as provided by subsection (g) of this section, the 
percentage of visas allocated under this section to natives (except 
natives of a high<gr-thn-eq>admission foreign country) in a low-
admission region is the product of--
          (A) the percentage determined under subsection (e)(1) of this 
        section; multiplied by
          (B) the population ratio for the region determined under 
        subsection (e)(3) of this section.
  (3) Except as provided by subsection (g) of this section, the 
percentage of visas allocated under this section to natives (except 
natives of a high<gr-thn-eq>admission foreign country) in a high-
admission region is the product of--
          (A) 100 percent minus the percentage determined under 
        subsection (e)(1) of this section; multiplied by
          (B) the population ratio for the region determined under 
        subsection (e)(4) of this section.
  (g) Redistribution of Visas and Limitation.--(1) Except as provided 
by paragraph (2) of this subsection, if the Secretary of State 
estimates that the number of immigrant visas to be granted for a fiscal 
year to natives in a region under this section will be less than the 
number of immigrant visas allocated for the fiscal year to those 
natives under this section, the excess visa numbers shall be made 
available to natives (except natives of a high-admission foreign 
country) of the other regions in proportion to the percentages 
specified in subsection (f)(2) and (3) of this section.
  (2) The percentage of visas allocated under this section for a fiscal 
year to natives of a single foreign country may not be more than 7 
percent of the total number of visas allocated under this section for 
the fiscal year.
  (h) Requirement of Education or Work Experience.--An alien is 
eligible for a visa under this section only if the alien--
          (1) has at least a high school education or its equivalent; 
        or
          (2) not later than 5 years after the date of the application 
        for a visa has at least 2 years of work experience in an 
        occupation requiring at least 2 years of training or 
        experience.
  (i) Maintaining Information.--The Secretary of State shall maintain 
information on the age, occupation, education level, and other relevant 
characteristics of immigrants granted visas under this section.

Sec. 4106. Special immigrants having honorable military service

  (a) Treaty and Agreement Limitation.--(1) The number of immigrant 
visas allocated in a fiscal year to special immigrants as defined by 
section 137(a)(13) of this title (except the spouse and children of 
such an immigrant) may not be more than--
          (A) 2,000 for aliens who are nationals of a foreign country 
        for which there was a treaty or agreement in effect on October 
        1, 1991, that <gr-thn-eq>authorized and limited the number of 
        aliens who are nationals of the foreign country who may enlist 
        each year in the armed forces of the <gr-thn-eq>United States; 
        and
          (B) 100 for aliens who are nationals of another foreign 
        country.
  (2) This subsection does not apply to individuals who met the 
definition of section 137(a)(13) on October 1, 1991.
  (b) Nonapplication of Numerical Limitations.--(1) Except as provided 
by paragraph (2) of this subsection, the numerical limitations of 
sections 4104 and 4111(a) and (b)(3) and (4) of this title do not apply 
to immigrant visas made available to special immigrants as defined by 
section 137(a)(13) of this title.
  (2) The number of visas allocated in a fiscal year--
          (A) under subsections (b), (c), and (d) of section 4104 of 
        this title shall each be reduced by one-third of the number of 
        visas allocated in the prior fiscal year to special immigrants 
        as defined by section 137(a)(13) of this title;
          (B) to natives of a foreign country under section 4111(a) and 
        (b)(3) and (4) of this title shall be reduced by the number of 
        visas allocated in the prior fiscal year to special immigrants 
        as defined by section 137(a)(13) who are natives of the foreign 
        country; and
          (C) under subsections (b), (c), and (d) of section 4104 for a 
        foreign country subject to section 4111(b)(1) and (2) of this 
        title in that fiscal year and the prior fiscal year shall be 
        reduced by one-third of the number of visas allocated in the 
        prior fiscal year to special immigrants as defined by section 
        137(a)(13) who are natives of the foreign country.

Sec. 4107. Special immigrants employed in Panama

  Not more than 15,000 aliens may be admitted to the United States as 
special immigrants as defined by section 137(a)(5)-(7) of this title. 
Not more than 5,000 aliens may be admitted in a fiscal year as special 
immigrants as defined by section 137(a)(5)-(7).

Sec. 4108. Status of spouses and children

  The spouse or child (as defined by section 110(a)(1)-(5) of this 
title) accompanying or following to join an alien who is in a class 
described by section 4103, 4104, 4105, or 4106 of this title is 
entitled to be placed in the same class and preference order as the 
alien if the spouse or child otherwise is not entitled to immigrant 
status and the immediate granting of a visa under section 4103, 4104, 
4105, or 4106.

Sec. 4109. Estimating number of visas to be granted

  In carrying out sections 4103-4106, 4108, and 4313(a) and (b) of this 
title, the Secretary of State may make estimates of the anticipated 
number of immigrant visas to be granted during any quarter of a fiscal 
year under each class of sections 4103-4106 of this title. The 
Secretary may rely on those estimates in authorizing the granting of 
those visas.

Sec. 4110. Pilot program

  (a) Establishment of Program and Allocation of Visas.--The Secretary 
of State, with the Attorney General, shall set aside 300 visas each 
year for 5 years from the visas otherwise available under section 
4104(f) of this title for a pilot program to carry out section 4104(f). 
The program shall include a regional center in the United States for 
promoting economic growth, including increased export sales, improved 
regional productivity, job creation, and increased domestic capital 
investment. The visas are allocated for aliens eligible for admission 
under section 4104(f) and spouses and children eligible under this 
title to accompany or follow to join the alien.
  (b) Determination of Number of Jobs Created.--In establishing 
compliance with section 4104(f)(2)(C) of this title and notwithstanding 
the requirements of section 204.6 of title 8, Code of Federal 
Regulations, the Attorney General shall allow aliens admitted under the 
program to establish reasonable methodologies for determining the 
number of jobs created by the program, including jobs estimated to have 
been created indirectly through revenue produced from increased exports 
resulting from the program.

Sec. 4111. Limitations on admissions from individual foreign countries

  (a) Total Number of Visas Available in a Fiscal Year.--(1) Except as 
provided by this section, not more than 7 percent of the total number 
of immigrant visas allocated under sections 4103, 4104, and 4106 of 
this title in a fiscal year are allocated to natives of a foreign 
country, and not more than 2 percent of the total number are allocated 
to natives of a dependent area.
  (2) If, because of the application of paragraph (1) of this 
subsection to at least one foreign country or dependent area, the total 
number of visas allocated under sections 4103, 4104, and 4106 of this 
title for a calendar quarter is more than the number of qualified 
immigrants who otherwise may be granted a visa, paragraph (1) does not 
apply to visas allocated to any such foreign country or dependent area 
during the remainder of the calendar quarter.
  (3) Except for the United States and American Samoa, an independent 
country, self-governing dominion, or territory under the international 
trusteeship system of the United Nations is a foreign country under 
this subsection when approved by the Secretary.
  (4) Approval is deemed to have been given under paragraph (3) of this 
subsection to--
          (A) Taiwan (China); and
          (B) Hong Kong.
  (5) The Secretary of State shall specify the foreign country to which 
any other inhabited land is to be attributed. The Secretary shall issue 
appropriate instructions to diplomatic and consular offices when the 
territorial limits of a foreign country change and the Secretary 
recognizes the change.
  (b) Allocation When Maximum Number of Visas Allocated.--(1) If the 
total number of immigrant visas allocated under sections 4103, 4104, 
and 4106 of this title to natives of a foreign country or dependent 
area is more than the applicable numerical limitation established under 
subsection (a)(1) of this section in a fiscal year, visa numbers for 
natives of that country or area shall be allocated under sections 4103, 
4104, and 4106 (to the extent practicable and otherwise consistent with 
this section and sections 4103, 4104, and 4106) so that--
          (A) the ratio of the visa numbers allocated under section 
        4103 of this title to the visa numbers made available under 
        sections 4104 and 4106 of this title equals the ratio of the 
        worldwide numerical limitations of section 4102(a) of this 
        title to the worldwide numerical limitation under section 
        4102(b) of this title;
          (B) except as provided by paragraphs (3) and (4) of this 
        subsection, the proportion of the visa numbers allocated under 
        each of subsections (b), (c), (d), and (e) of section 4103 of 
        this title equals the ratio of the total number of visas 
        allocated under each of those subsections to the total number 
        of visas allocated under section 4103; and
          (C) the proportion of the visa numbers allocated under each 
        of subsections (b), (c), (d), (e), and (f) of section 4104 of 
        this title equals the ratio of the total number of visas 
        allocated under each of those subsections to the total number 
        of visas allocated under sections 4104 and 4106.
  (2) Paragraph (1) of this subsection does not limit the number of 
visas that may be granted--
          (A) to natives of a foreign country or dependent area under 
        section 4103 of this title if there is insufficient demand for 
        visas for those natives under sections 4104 and 4106 of this 
        title;
          (B) to natives of a foreign country or dependent area under 
        sections 4104 and 4106 of this title if there is insufficient 
        demand for visas for those natives under section 4103 of this 
        title; or
          (C) under paragraph (3)(A) of this subsection.
  (3) Of the visa numbers allocated under section 4103(c) of this title 
in a fiscal year to qualified immigrants who are the spouses and 
children of aliens lawfully admitted for permanent residence--
          (A) 75 percent of the 77 percent of the total number of visas 
        allocated to those immigrants shall be granted without regard 
        to the numerical limitation established under subsection (a)(1) 
        of this section; and
          (B) 25 percent of the 77 percent shall be allocated for a 
        foreign country or dependent area subject to paragraph (1) of 
        this subsection only to the extent the total number of visas 
        granted under subparagraph (A) of this paragraph to natives of 
        the country or area is less than 77 percent of the maximum 
        number of visas that may be allocated under section 4103(c) of 
        this title to immigrants who are natives of the country or area 
        under section 4103(c) consistent with paragraph (1).
  (4) For a foreign country or dependent area to which paragraph (1) of 
this subsection applies--
          (A) the number of immigrant visas that may be allocated under 
        section 4103(c) of this title to natives of the country or area 
        who are qualified immigrants and the unmarried sons and 
        unmarried daughters (but not children) of aliens lawfully 
        admitted for permanent residence may not be more than the 
        greater of--
                  (i) 23 percent of the maximum number of visas that 
                may be allocated under section 4103(c) of this title to 
                immigrants of the country or area described by section 
                4103(c) consistent with paragraph (1) of this 
                subsection; or
                  (ii) the number, if any, by which the maximum number 
                of visas that may be allocated under section 4103(c) of 
                this title to immigrants of the country or area 
                described by section 4103(c) is more than the number of 
                visas granted under section 4103(c) to qualified 
                immigrants who are the spouses and children of aliens 
                lawfully admitted for permanent residence; and
          (B) if the total number of visas granted under section 
        4103(c) of this title is more than the maximum number of visas 
        that may be allocated to immigrants of the country or area 
        under section 4103(c), all visas are deemed to have been 
        required for the preferences specified in section 4103(b) and 
        (c) of this title when applying section 4103(d) and (e) of this 
        title under paragraph (1)(B) of this subsection.

Sec. 4112. Charging immigrants to foreign countries

  An immigrant is chargeable to the foreign country in which the 
immigrant was born except in the following circumstances:
          (1) When an alien child is accompanied by or following to 
        join an alien parent of the child, the child may be charged to 
        the foreign country of either parent if--
                  (A) the parent has received or qualifies for an 
                immigrant visa;
                  (B) necessary to prevent the separation of the child 
                from the parent; and
                  (C) immigration charged to the foreign country to 
                which the parent has been or would be chargeable has 
                not reached the numerical limitation established by 
                section 4111(a)(1) of this title.
          (2) When an alien is chargeable to a foreign country 
        different from that of the spouse of the alien, the alien may 
        be charged to the foreign country of the spouse the alien is 
        accompanying or following to join if--
                  (A) the spouse has received or qualifies for an 
                immigrant visa;
                  (B) necessary to prevent the separation of the alien 
                and spouse; and
                  (C) immigration charged to the foreign country to 
                which the spouse has been or would be chargeable has 
                not reached the numerical limitation established by 
                section 4111(a)(1) of this title.
          (3) An alien born in the United States is deemed to have been 
        born in the foreign country of which the alien is a citizen or 
        subject. If the alien is not a citizen or subject of a foreign 
        country, the alien is deemed to have been born in the last 
        foreign country in which the consular officer decides that the 
        alien resided.
          (4) An alien born in a foreign country in which neither 
        parent of the alien was born and in which neither parent 
        resides at the time of the birth of the alien may be charged to 
        the foreign country of either parent.
          (5) An alien born in a dependent area of a foreign country, 
        except an alien described by section 4102(d) of this title, is 
        chargeable to that country.

Sec. 4113. Burden of proof

  An alien claiming to be an immigrant described by sections 4103-4106 
and 4108 of this title, a special immigrant, or an immediate relative 
has the burden of proving that the alien is such an immigrant or an 
immediate relative.

                CHAPTER 43--PETITIONS AND DOCUMENTATION

                         SUBCHAPTER I--PETITIONS

Sec.
4301.  General.
4302.  Approving petitions for children.
4303.  Petitions for married aliens.
4304.  Revoking approved petitions.

                      SUBCHAPTER II--DOCUMENTATION

4311.  Documentation requirements.
4312.  Applications for immigrant visas and registration.
4313.  Granting immigrant visas and other documentation.
4314.  Period of validity and revocation.
4315.  Unused immigrant visas.
4316.  Reentry permits.
4317.  Burden of proof.
4318.  Documentation waivers.

                        SUBCHAPTER I--PETITIONS

Sec. 4301. General

  (a) Petitions to the Attorney General.--The following individuals may 
petition the Attorney General for the classification of aliens as 
follows:
          (1) a citizen of the United States claiming classification 
        for an alien entitled to be classified as an immediate relative 
        or under section 4103(b), (d), or (e) of this title.
          (2) an alien lawfully admitted for permanent residence 
        claiming classification for an alien entitled to be classified 
        under section 4103(c) of this title.
          (3) an alien desiring to be classified under section 
        4104(b)(1)(A) of this title, or a person for the alien.
          (4) an individual intending to employ in the United States an 
        alien entitled to be classified under section 4104(b)(1)(B) or 
        (C), (c), or (d) of this title.
          (5) except a special immigrant (as defined by section 
        137(a)(4) of this title), an alien desiring to be classified 
        under section 4104(e) of this title, or a person for the alien.
          (6) an alien desiring to be classified under section 4104(f) 
        of this title.
  (b) Petitions to the Secretary of State.--(1) An alien claiming 
classification as a special immigrant (as defined by section 137(a)(4) 
of this title) may petition the Secretary of State to be classified as 
that special immigrant. The alien may file a petition only after being 
notified by the Secretary that the classification has been recommended 
and approved as provided by section 137(a)(4).
  (2)(A) An alien desiring to be classified under section 4105 of this 
title may petition the Secretary of State to be classified under 
section 4105.
  (B) The alien shall file the petition at the place and time the 
Secretary of State decides by regulation. Only one petition may be 
filed during a petitioning period established by the Secretary. If more 
than one petition is filed during a period, all petitions filed by the 
alien during that period are void.
  (C)(i) The Secretary of State shall designate a period during which a 
petition for a visa that may be granted under section 4105 of this 
title for the fiscal year beginning after the end of the period may be 
filed.
  (ii) An alien who qualifies for a visa under section 4105 of this 
title remains eligible to receive the visa through the end of the 
fiscal year for which the alien was selected.
  (iii) The Secretary of State shall prescribe regulations necessary to 
carry out this subparagraph.
  (D) A petition under this paragraph shall--
          (i) be in a form the Secretary of State prescribes by 
        regulation; and
          (ii) contain information and documentary evidence the 
        Secretary requires.
  (c) Approving Petitions.--After investigating the facts about a 
petition, and after consulting with the Secretary of Labor about a 
petition to classify an alien under section 4104(c) or (d) of this 
title, the Attorney General shall approve the petition if the Attorney 
General decides the facts stated in the petition are true and the alien 
is entitled to be classified as requested as an immediate relative or 
under section 4103, 4104, or 4106 of this title. After approving the 
petition, the Attorney General shall submit one copy to the Secretary 
of State. The Secretary then shall authorize the appropriate consular 
officer to classify the alien as approved.
  (d) Nondiscrimination.--Except as provided by sections 137, 
4102(d)(6)-(8), 4103-4106, 4108, and 4111(a)(1) of this title, an alien 
may not be classified or be discriminated against in granting an 
immigrant visa under section 4313 of this title because of the alien's 
race, sex, nationality, place of birth, or place of residence.
  (e) No Entitlement To Enter the United States.--This subchapter does 
not entitle an immigrant for whom a petition is approved under this 
subchapter to enter the United States if found not to be entitled to 
the classification on arrival in the United States.

Sec. 4302. Approving petitions for children

  (a) Favorable Home Study Requirement.--Notwithstanding section 4301 
of this section, a petition for a child (as defined by section 
110(a)(6) of this title) may be approved only if a valid home study has 
been recommended favorably--
          (1) by an agency of the State of the proposed residence of 
        the child;
          (2) by an agency authorized to conduct the study by the State 
        of the proposed residence of the child; or
          (3) for a child adopted outside the United States, by an 
        appropriate adoption agency licensed in the United States.
  (b) Petitions for Certain Children Fathered by Citizens of the United 
States.--(1) An alien claiming to be an alien described by paragraph 
(2)(A) of this subsection, or a person for the alien, may petition the 
Attorney General to be classified as an immediate relative or under 
section 4103(b) or (d) of this title, as appropriate.
  (2) After investigating the facts about a petition, the Attorney 
General shall approve the petition if--
          (A) the Attorney General has reason to believe that the alien 
        was born in Kampuchea, Korea, Laos, Thailand, or Vietnam after 
        December 31, 1950, and before October 22, 1982, and was 
        fathered by a citizen of the United States;
          (B) the Attorney General has received an acceptable guarantee 
        of legal custody and financial responsibility described by 
        paragraph (5) of this subsection; and
          (C) for an alien less than 18 years of age--
                  (i) an appropriate child welfare agency licensed in 
                the United States and actively involved in the 
                intercountry placement of children arranged the 
                placement of the alien with a sponsor in the United 
                States; and
                  (ii) the mother or guardian of the alien, in writing, 
                irrevocably released the alien for emigration.
  (3) In considering a petition filed under this subsection, the 
Attorney General shall--
          (A) consult with appropriate government officials and 
        officials of private voluntary organizations in the foreign 
        country in which the alien was born in making the findings 
        described by paragraph (2)(A) and (C)(i) of this subsection; 
        and
          (B) consider the physical appearance of the alien and 
        evidence provided by the petitioner, including--
                  (i) birth and baptismal certificates;
                  (ii) local civil records;
                  (iii) photographs of, and letters or proof of 
                financial support from, a putative father who is a 
                citizen of the United States; and
                  (iv) relevant or probative testimony of witnesses.
  (4) After approving the petition, the Attorney General shall submit 
one copy to the Secretary of State.
  (5) A guarantee of legal custody and financial responsibility for an 
alien required by paragraph (2) of this subsection must--
          (A) be signed in the presence of a consular officer or an 
        immigration officer by a sponsor who is--
                  (i) at least 21 years of age;
                  (ii) of good moral character; and
                  (iii) a citizen of the United States or an alien 
                lawfully admitted for permanent residence; and
          (B) provide that the sponsor agrees--
                  (i) for an alien less than 18 years of age, to assume 
                legal custody for the alien when the alien departs for 
                the United States and until the alien becomes 18 years 
                of age, as provided under the laws of the State in 
                which the alien and the sponsor will reside; and
                  (ii) to provide, during the longer of the 5-year 
                period beginning on the date the alien acquires the 
                status of an alien lawfully admitted for permanent 
                residence or the period beginning on that date and 
                ending on the date the alien becomes 21 years of age, 
                financial support necessary to maintain the family in 
                the United States of which the alien is a member at a 
                level equal to at least 125 percent of the current 
                official poverty line (established by the Director of 
                the Office of Management and Budget under section 
                673(2) of the Omnibus Budget Reconciliation Act of 1981 
                (42 U.S.C. 9902(2) and revised by the Secretary of 
                Health and Human Services under section 673(2)) for a 
                family the same size as that of the family of the 
                alien.
  (6) The Attorney General may bring a civil action against the sponsor 
in the district court of the United States for the judicial district in 
which the sponsor resides to enforce a guarantee of legal custody and 
financial responsibility made under paragraph (5) of this subsection. 
However, a sponsor or the estate of the sponsor is not liable under the 
guarantee if the sponsor dies or is adjudicated a bankrupt under title 
11.

Sec. 4303. Petitions for married aliens

  (a) Limitations on Approving Petitions for Certain Spouses.--The 
Attorney General may approve a spousal petition under section 4103(c) 
of this title filed by an alien who, because of a prior marriage, had 
become an alien lawfully admitted for permanent residence as the spouse 
of a citizen of the United States or an alien lawfully admitted for 
permanent residence only if--
          (1) 5 years have passed since the alien had become an alien 
        lawfully admitted for permanent residence;
          (2) the alien, by clear and convincing evidence, satisfies 
        the Attorney General that the prior marriage was not entered 
        into to evade the immigration laws; or
          (3) the prior marriage of the alien ended by the death of the 
        alien's spouse.
  (b) Prohibition on Approving Petitions Because of Marriages To Evade 
Immigration Laws.--Notwithstanding section 4301(c) of this title, a 
petition to classify an alien may not be approved if--
          (1) an alien previously was classified, or sought to be 
        classified, as an immediate relative or under section 4108 of 
        this title as a spouse of a citizen of the United States or an 
        alien lawfully admitted for permanent residence because of a 
        marriage the Attorney General decides was entered into to evade 
        the immigration laws; or
          (2) the Attorney General decides the alien has attempted or 
        conspired to enter into a marriage to evade the immigration 
        laws.
  (c) Required Residence Outside the United States for Certain Aliens 
Involved in Proceedings.--(1) Notwithstanding section 4301(a) and (b) 
of this title, a petition to classify an alien as an immediate relative 
or under section 4103, 4104, 4105, or 4106 of this title because of a 
marriage entered into after November 9, 1986, and during the period 
described by section 9101(f)(1)(C) of this title may not be approved 
until the alien resides outside the United States for 2 years after the 
marriage.
  (2) Paragraph (1) of this subsection does not apply to a marriage if 
the alien establishes by clear and convincing evidence satisfactory to 
the Attorney General that--
          (A) the marriage was entered into in good faith and under the 
        laws of the place where the marriage took place;
          (B) the marriage was not entered into to procure the alien's 
        entry as an immigrant; and
          (C) no consideration was given, except to an attorney for 
        assistance in preparing a petition, for filing a petition under 
        section 2329(b) or 4301(a) or (b) of this title for an alien 
        spouse or alien son or daughter.
  (3) Under regulations of the Attorney General, the Attorney General 
shall allow only one level of administrative appellate review for each 
alien under paragraph (2) of this subsection.

Sec. 4304. Revoking approved petitions

  The Attorney General may revoke at any time a petition approved by 
the Attorney General under section 4301(c) of this title if the 
Attorney General considers that there is good cause to revoke. 
Revocation is effective as of the date of approval of the petition if 
notice of the revocation is mailed to the last known address of the 
petitioner and the Secretary of State notifies the alien for whom the 
petition was filed of the revocation before the alien begins traveling 
to the United States. If notice is not given as required by this 
section and the alien applies for admission to the United States, the 
admissibility of the alien shall be decided as provided by sections 
6103, 6331(a)-(d) and (f)-(h), and 6332 of this title.

                      SUBCHAPTER II--DOCUMENTATION

Sec. 4311. Documentation requirements

  (a) Documents Required.--(1) An immigrant may be admitted to the 
United States only if, when applying for admission, the immigrant--
          (A)(i) has an unexpired entry document required by this 
        title; or
          (ii) was born after an entry document was granted to the 
        accompanying parent;
          (B) has an unexpired travel document or document of identity 
        and nationality when required by regulations the Attorney 
        General prescribes; and
          (C) has a visa granted as provided under sections 4103-4106 
        and 4313(b) of this title.
  (2) This section does not apply to an alien admitted under section 
5105 of this title.
  (b) Waiver for Certain Special Immigrants.--Under conditions that may 
be prescribed by regulations of the Attorney General, the Attorney 
General may readmit a special immigrant (as defined by section 
137(a)(1) of this title) returning to the United States, without the 
alien's having to obtain a passport, immigrant visa, reentry permit, or 
other documentation, if the alien otherwise is admissible.

Sec. 4312. Applications for immigrant visas and registration

  (a) Application Requirements.--An alien applying for an immigrant 
visa must apply in the way and at the place prescribed by regulation. 
The application must contain the following information about the alien:
          (1) the complete true name of the alien and each alias ever 
        used.
          (2) a personal description, including age, sex, height, 
        complexion, color of hair and eyes, and marks of 
        identification.
          (3) the date and place of birth.
          (4) present and prior addresses.
          (5) marital status and the names and addresses of the alien's 
        spouse and children.
          (6) the names and addresses of parents, and if neither parent 
        is living, the name and address of a next of kin in the foreign 
        country from which the alien is coming.
          (7) occupation.
          (8) any language the alien can speak, read, or write.
          (9) whether the alien is going to join a relative or friend 
        in the <gr-thn-eq>United States and, if so, the name and 
        address of the relative or friend.
          (10) the purpose in going to the United States.
          (11) the period of intended stay in the United States.
          (12) the port of entry into the United States.
          (13) any final destination beyond the port of entry, and 
        whether the alien has a ticket through to the final 
        destination.
          (14) whether the alien has ever been arrested, convicted, 
        imprisoned, or in a poorhouse.
          (15) whether the alien has ever been granted a pardon or 
        amnesty.
          (16) whether the alien has ever been treated for mental 
        disease.
          (17) whether the alien is claiming to be an immediate 
        relative, an immigrant entitled to be classified under section 
        4103, 4104, 4105, or 4106 of this title, or a special 
        immigrant, and the facts supporting the claim.
          (18) whether the alien may be excluded under the immigration 
        laws from admission to the United States, and whether the alien 
        is claiming exemption from exclusion.
          (19) additional information prescribed by regulation that is 
        necessary to identify the alien and enforce the immigration and 
        nationality laws.
  (b) Additional Requirements.--(1) An alien applying for an immigrant 
visa must--
          (A) register as provided by chapter 81 of this title when 
        applying for the visa;
          (B) take a physical and mental examination prescribed by 
        regulation;
          (C) if required under regulations the Secretary of State 
        prescribes, present a passport or other suitable travel 
        document or a document of identity and nationality; and
          (D) provide the consular officer, with the application, with 
        a certified copy of--
                  (i) a statement from the appropriate police 
                authorities stating what their records show about the 
                alien;
                  (ii) any existing prison record, military record, and 
                record of birth of the alien; and
                  (iii) any other record or documentation about the 
                alien that the consular officer may require.
  (2) Each certified copy provided under paragraph (1)(D) of this 
subsection shall be attached to the application and become a part of 
the application. If the alien satisfies the consular officer that it is 
not possible to obtain the certified copy, the consular officer may 
allow the alien to submit other satisfactory evidence of the fact to 
which the copy relates.
  (c) Signature and Oath.--Except as otherwise prescribed by 
regulation, an alien must--
          (1) sign an application for an immigrant visa in the presence 
        of a consular officer; and
          (2) take an oath administered by the consular officer 
        verifying the application.
  (d) Processing Immigrant Visa Applications of Cuban Nationals in 3d 
Countries.--(1) In this subsection, ``process'' means accepting and 
reviewing an application and preparing necessary documents and making 
appropriate decisions related to the application.
  (2) Notwithstanding sections 4313(f) and 6106 of this title, a 
consular officer shall process an application for an immigrant visa by 
a Cuban national located in a 3d country on the same basis as an 
application for an immigrant visa by a national of another country.
  (e) Statement About No Entitlement To Enter the United States.--An 
application for an immigrant visa shall inform the applicant that a 
visa or other documentation granted to an alien does not entitle the 
alien to enter the United States if, on arrival at a port of entry, the 
alien is found to be inadmissible.

Sec. 4313. Granting immigrant visas and other documentation

  (a) Registration on Waiting Lists.--Waiting lists of aliens applying 
for immigrant visas shall be maintained under regulations the Secretary 
of State prescribes.
  (b) Order of Granting Visas.--(1) Immigrant visas allocated under 
section 4103 or 4104 of this title shall be granted to qualified 
immigrants in the order in which a petition for each immigrant is filed 
with the Attorney General (or with the Secretary of State for special 
immigrants as defined by section 137(a)(4) of this title) under section 
4301 (a) or (b) of this title.
  (2) Immigrant visas allocated under section 4105 of this title shall 
be granted to qualified immigrants randomly as the Secretary prescribes 
for the fiscal year involved.
  (c) Granting Visas.--(1) A consular officer grants an immigrant visa 
at the office of the consular officer outside the United States. A 
consular officer may grant an immigrant visa to an eligible immigrant 
who has made a proper application for the visa.
  (2) A consular officer may grant a special immigrant or an immediate 
relative an immigrant visa as a special immigrant or an immediate 
relative on receiving satisfactory proof, under regulations prescribed 
under this title, that the applicant is entitled to be classified as a 
special immigrant or an immediate relative.
  (d) Prohibitions.--(1) A consular officer may not grant an immigrant 
visa or other documentation to an alien if--
          (A) the alien is required to be registered under section 
        8101(a)(1) of this title and is not registered;
          (B) the alien's application does not comply with this title 
        or regulations prescribed under this title;
          (C) the alien is excludable from admission to the United 
        States; or
          (D) the consular officer has reason to believe the alien is 
        ineligible for the visa or other documentation.
  (2) Notwithstanding paragraph (1)(D) of this subsection, a consular 
officer may grant an immigrant visa or other documentation to an alien 
to whom section 6304(a) of this title applies if--
          (A) the alien otherwise may receive the visa or other 
        documentation; and
          (B) the consular officer receives notice from the Attorney 
        General that the alien filed a bond or undertaking under 
        section 6304(b) of this title.
  (e) Contents of Visas.--An immigrant visa consists of the application 
for the visa, when visaed by the consular officer. The visa shall 
specify--
          (1) the foreign country and the classification to which the 
        immigrant is charged;
          (2) the expiration date of the visa; and
          (3) additional required information.
  (f) Discontinuing Granting Visas When Country Denies or Delays 
Accepting Alien.--On being notified by the Attorney General that the 
government of a foreign country denies or unreasonably delays accepting 
an alien who is a citizen, subject, national, or resident of that 
country after the Attorney General asks whether the government will 
accept the alien under section 6537(a)(2)(B) of this title, the 
Secretary of State shall order consular officers in that foreign 
country to discontinue granting immigrant visas to citizens, subjects, 
nationals, and residents of that country until the Attorney General 
notifies the Secretary that the country has <gr-thn-eq>accepted the 
alien.

Sec. 4314. Period of validity and revocation

  (a) Validity.--An immigrant visa is valid for the period prescribed 
by regulation, but for not more than 4 months. However, an immigrant 
visa granted to a child legally adopted by a citizen of the United 
States or a spouse of the citizen when the citizen is serving outside 
the United States in the armed forces of the United States, is employed 
outside the United States by the United States Government, or is 
temporarily outside the United States on business, is valid until the 
regular return of the citizen to the United States from the service, 
employment, or business, but for not more than 3 years.
  (b) Revocation.--A consular officer or the Secretary of State may 
revoke at any time an immigrant visa or other documentation granted to 
an immigrant. A revocation invalidates the visa or documentation from 
the date the visa or documentation is granted. The Attorney General 
shall be notified of each revocation.

Sec. 4315. Unused immigrant visas

  (a) Replacing Unused Visas.--A consular officer may replace an 
immigrant visa under its original number during the fiscal year it was 
granted if--
          (1) the immigrant establishes to the satisfaction of the 
        consular officer that the immigrant was unable to use the visa 
        when it was valid for reasons that the immigrant did not cause 
        and that were beyond the immigrant's control;
          (2) the consular officer finds the immigrant is eligible for 
        an immigrant visa; and
          (3) the immigrant pays again the statutory fees for an 
        application and immigrant visa.
  (b) Granting Unused Visas.--An eligible immigrant may be granted an 
unused immigrant visa that the immigrant qualifies for if the visa 
originally was granted to another immigrant--
          (1) deported after being excluded from admission;
          (2) not applying for admission before the visa expires; or
          (3) as a preference immigrant and the immigrant is found not 
        to be a preference immigrant.

Sec. 4316. Reentry permits

  (a) Applications.--An alien lawfully admitted for permanent residence 
who intends to leave the United States temporarily may apply to the 
Attorney General for a reentry permit to reenter the United States. The 
application must--
          (1) state the length of, and reason for, the departure;
          (2) state other information and be accompanied by photographs 
        of the applicant that the Attorney General prescribes by 
        regulation; and
          (3) be made under oath.
  (b) Granting Reentry Permits.--The Attorney General may grant the 
reentry permit if the Attorney General finds--
          (1) the application is made in good faith; and
          (2) the alien's departure is not contrary to the interests of 
        the United States.
  (c) Period of Validity.--A reentry permit may be granted for not more 
than 2 years from the date it is granted and may not be renewed. The 
alien may use the permit for any number of reentries into the United 
States. The alien shall surrender the permit to the Attorney General 
when the permit expires.
  (d) Presentation of Reentry Permit on Returning to the United 
States.--An alien granted a reentry permit shall present the permit to 
the immigration officer at the port of entry on returning to the United 
States. The immigration officer shall accept the permit as a substitute 
for any visa otherwise required under this title. The permit has no 
effect under the immigration laws except to establish that the alien is 
returning from a temporary departure. However, this section does not 
require a reentry permit as the only way that an alien may establish a 
return from a temporary departure.
  (e) Form of Applications and Permits.--The Attorney General shall 
prescribe by regulation the form of the application and reentry permit, 
except that the permit shall be in a form to identify the alien 
completely and shall be printed on distinctive safety paper.

Sec. 4317. Burden of proof

  An individual applying for an immigrant visa or other documentation 
required for entering the United States as an immigrant has the burden 
of proving that the individual is eligible to be granted the visa or 
documentation. A consular officer may grant the visa or documentation 
only if satisfied that the individual is eligible to receive the visa 
or documentation.

Sec. 4318. Documentation waivers

  The Attorney General may waive sections 4311(a)(1) and 6313(a)(2) and 
(c) of this title for an immigrant who has an immigrant visa and 
otherwise is admissible if the Attorney General is satisfied that the 
immigrant did not know, and by reasonable diligence, could not have 
known, of the immigrant's excludability--
          (1) before the vessel or aircraft on which the alien came to 
        the United States left the last port outside the United States 
        and outside foreign contiguous territory; or
          (2) for an immigrant coming from foreign contiguous 
        territory, before the immigrant applied for admission.

           CHAPTER 45--CONDITIONAL PERMANENT RESIDENT STATUS

        SUBCHAPTER I--CERTAIN ALIEN SPOUSES, SONS, AND DAUGHTERS

Sec.
4501.  Definitions.
4502.  Conditional basis of status.
4503.  General requirements to remove conditional basis.
4504.  Petitions.
4505.  Personal interviews.
4506.  Favorable decisions on removing the conditional basis.
4507.  Unfavorable decisions on removing the conditional basis.
4508.  Treatment of conditional basis period for naturalization 
          purposes.
4509.  Ending waivers.

    SUBCHAPTER II--CERTAIN ALIEN ENTREPRENEURS, SPOUSES, AND CHILDREN

4521.  Definitions.
4522.  Conditional basis of status.
4523.  General requirements to remove conditional basis.
4524.  Petitions.
4525.  Personal interviews.
4526.  Favorable decisions on removing the conditional basis.
4527.  Unfavorable decisions on removing the conditional basis.
4528.  Treatment of conditional basis period for naturalization 
          purposes.

        SUBCHAPTER I--CERTAIN ALIEN SPOUSES, SONS, AND DAUGHTERS

Sec. 4501. Definitions

  In this subchapter--
          (1) ``alien son or daughter'' means an alien who acquires the 
        status of an alien lawfully admitted for permanent residence 
        because the alien is the son or daughter of an individual 
        through a qualifying marriage.
          (2) ``alien spouse''--
                  (A) means an alien who, because of a qualifying 
                marriage, acquires the status of an alien lawfully 
                admitted for permanent residence--
                          (i) as an immediate relative as the spouse of 
                        a citizen of the United States;
                          (ii) under section 2309(b) of this title as 
                        the fiancee or fiance of a citizen of the 
                        United States; or
                          (iii) under section 4103(c) of this title as 
                        the spouse of an alien lawfully admitted for 
                        permanent residence; but
                  (B) does not include an alien who acquires the status 
                of an alien lawfully admitted for permanent residence 
                because of section 4108 of this title.
          (3) ``petitioning spouse'' means the spouse of a qualifying 
        marriage, except the alien.
          (4) ``qualifying marriage'' means a marriage entered into 
        less than 24 months before the date an alien spouse acquires 
        the status of an alien lawfully admitted for permanent 
        residence because of the marriage.

Sec. 4502. Conditional basis of status

  (a) General.--An alien spouse or an alien son or daughter, when 
acquiring the status of an alien lawfully admitted for permanent 
residence, acquires that status on a conditional basis as provided by 
this subchapter.
  (b) Notice Requirements.--When an alien spouse or alien son or 
daughter acquires the status of an alien lawfully admitted for 
permanent residence on a conditional basis under subsection (a) of this 
section, the Attorney General shall notify the spouse, son, or daughter 
about this subchapter and the requirements of section 4503 of this 
title to have the conditional basis of the status removed. However, the 
failure of the Attorney General to provide notice does not affect the 
enforcement of this subchapter against the spouse, son, or daughter.

Sec. 4503. General requirements to remove conditional basis

  To remove the conditional basis established under section 4502(a) of 
this title, the alien spouse and the petitioning spouse (if living)--
          (1) jointly must submit to the Attorney General a petition 
        requesting the removal of the conditional basis and containing, 
        under penalty of perjury, the information required by section 
        4504(b) of this title; and
          (2) must appear before the Attorney General for a personal 
        interview about the information required by section 4504(b).

Sec. 4504. Petitions

  (a) Time for Submission.--(1) Except as provided by paragraph (2) of 
this subsection, the petition required by section 4503(1) of this title 
must be submitted during the 90-day period immediately before the 2d 
anniversary that the alien acquired the status of an alien lawfully 
admitted for permanent residence.
  (2) A petition submitted after the 90-day period may be considered 
only if the alien satisfies the Attorney General that good cause and 
extenuating circumstances existed for not submitting the petition 
during that period.
  (3) The Attorney General may stay a deportation proceeding against an 
alien who did not submit a petition within the 90-day period required 
under paragraph (1) of this subsection pending the submission of the 
petition under paragraph (2) of this subsection.
  (4) At or about the beginning of the 90-day period, the Attorney 
General shall try to notify the alien spouse or alien son or daughter 
of the requirements of section 4503 of this title. However, the failure 
of the Attorney General to provide notice does not affect the 
enforcement of this subchapter against the spouse, son, or daughter.
  (b) Contents.--Each petition shall contain the following information:
          (1) that the qualifying marriage--
                  (A) complied with the laws of the place where the 
                marriage took place;
                  (B) has not been annulled judicially or ended, except 
                through the death of a spouse; and
                  (C) was not entered into to procure the entry of an 
                alien as an immigrant.
          (2) that no consideration was given, except to an attorney 
        for assistance in preparing the petition, for filing under 
        section 2309(b) or 4301 (a) or (b) of this title a petition for 
        an alien spouse or an alien son or daughter.
          (3) the actual residence of each party to the qualifying 
        marriage since the date the alien spouse acquired the status of 
        an alien lawfully admitted for permanent residence on a 
        conditional basis under section 4502(a) of this title.
          (4) each employer and place of employment of each party since 
        that date.

Sec. 4505. Personal interviews

  (a) Time and Location Requirements.--(1) The personal interview 
required by section 4503(2) of this title shall be conducted--
          (A) within 90 days after the date a petition is submitted as 
        required by section 4503(1) of this title; and
          (B) at a local office of the Immigration and Naturalization 
        Service the Attorney General designates that is convenient to 
        the parties involved.
  (2) The Attorney General may waive the interview or the deadline for 
the interview when appropriate.
  (b) Decisions on Truthfulness of Statements.--Within 90 days after an 
interview is conducted as required by section 4503(2) of this title, 
the Attorney General shall decide whether the information in the 
petition and required by section 4504(b) of this title about the 
qualifying marriage is true.

Sec. 4506. Favorable decisions on removing the conditional basis

  (a) Favorable Decisions.--If the Attorney General decides the 
information required by section 4504(b) of this title is true, the 
Attorney General shall notify the parties involved and shall remove the 
conditional basis of the status of the parties effective on the 2d 
anniversary that the alien acquired the status of an alien lawfully 
admitted for permanent residence.
  (b) Hardship Waivers.--(1) The Attorney General may remove the 
conditional basis of an alien spouse or alien son or daughter when the 
alien spouse does not comply with section 4503 of this title if the 
alien spouse or alien son or daughter shows that--
          (A) extreme hardship would result if the alien spouse or 
        alien son or daughter is deported;
          (B) the qualifying marriage was entered into in good faith by 
        the alien spouse, but the marriage has been ended (except 
        through the death of the spouse), and the alien spouse was not 
        at fault in not complying with section 4503 of this title; or
          (C) the qualifying marriage was entered into in good faith by 
        the alien spouse and during the marriage the alien spouse or 
        alien son or daughter was battered by, or was the subject of 
        extreme cruelty committed by, the spouse of the alien spouse or 
        the citizen or permanent resident parent of the alien son or 
        daughter, and the alien spouse was not at fault in not 
        complying with section 4503 of this title.
  (2) When deciding whether extreme hardship would result, the Attorney 
General shall consider circumstances occurring only during the period 
the alien was lawfully admitted for permanent residence on a 
conditional basis.
  (3) The Attorney General shall establish by regulation ways to 
protect the confidentiality of information about an abused alien spouse 
or alien son or daughter, including information on the location of the 
spouse, son, or daughter.

Sec. 4507. Unfavorable decisions on removing the conditional basis

  (a) Improper Qualifying Marriages.--The Attorney General shall end, 
as of the date the Attorney General makes a decision under this 
subsection, the status of an alien spouse or alien son or daughter as 
an alien lawfully admitted for permanent residence and shall so notify 
the parties involved if, before the 2d anniversary of the date the 
alien acquired the status, the Attorney General decides that--
          (1) the qualifying marriage--
                  (A) was entered into to procure an alien's entry as 
                an immigrant; or
                  (B) has been annulled judicially or ended, except 
                through the death of a spouse; or
          (2) consideration was given, except to an attorney for 
        assistance in preparing the petition, for filing a petition for 
        the alien under section 2309(b) or 4301(a) or (b) of this 
        title.
  (b) Untrue Petition Information.--If the Attorney General decides any 
information required by section 4504(b) of this title is not true, the 
Attorney General shall end, as of the date of the decision, the status 
of an alien spouse or alien son or daughter as an alien lawfully 
admitted for permanent residence and notify the parties involved.
  (c) Failure To File Petitions or Have Personal Interviews.--The 
Attorney General shall end, as of the 2d anniversary of the alien's 
lawful admission for permanent residence, the status of an alien spouse 
or alien son or daughter as an alien lawfully admitted for permanent 
residence if--
          (1) a petition is not submitted as required by section 
        4503(1) of this title; or
          (2) unless good cause is shown, the alien spouse and 
        petitioning spouse do not appear at the interview required by 
        section 4503(2) of this title.
  (d) Review of Decisions.--(1) An alien whose permanent resident 
status is ended under subsection (a) or (b) of this section may request 
a review of the decision in a proceeding to deport the alien. The 
burden of proof is on the Attorney General to establish by a 
preponderance of the evidence that--
          (A) if ended under subsection (a) of this section, a ground 
        described by subsection (a) is met; or
          (B) if ended under subsection (b) of this section, any 
        information required by section 4504(b) of this title about the 
        qualifying marriage is not true.
  (2) An alien whose permanent resident status is ended under 
subsection (c) of this section has the burden of proof in a deportation 
proceeding of establishing compliance with section 4503 of this title.

Sec. 4508. Treatment of conditional basis period for naturalization 
purposes

  In carrying out subtitle V of this title, an alien who is in the 
United States as an alien lawfully admitted for permanent residence on 
a conditional basis under this subchapter is deemed to have been 
admitted and to be in the United States as an alien lawfully admitted 
for permanent residence.

Sec. 4509. Ending waivers

  A waiver under section 6301(b) or 6307(b) of this title obtained by 
an alien to acquire the status of an alien lawfully admitted for 
permanent residence on a conditional basis under this subchapter ends 
when the status ends under this subchapter.

   SUBCHAPTER II--CERTAIN ALIEN ENTREPRENEURS, SPOUSES, AND CHILDREN

Sec. 4521. Definitions

  In this subchapter--
          (1) ``alien child'' means an alien who acquires the status of 
        an alien lawfully admitted for permanent residence because the 
        alien is the child of an alien entrepreneur.
          (2) ``alien entrepreneur'' means an alien who acquires the 
        status of an alien lawfully admitted for permanent residence 
        under section 4104(f) of this title.
          (3) ``alien spouse'' means an alien who acquires the status 
        of an alien lawfully admitted for permanent residence because 
        the alien is the spouse of an alien entrepreneur.

Sec. 4522. Conditional basis of status

  (a) General.--An alien entrepreneur, alien spouse, or alien child, 
when acquiring the status of an alien lawfully admitted for permanent 
residence, acquires that status on a conditional basis as provided by 
this subchapter.
  (b) Notice Requirements.--When an alien entrepreneur, alien spouse, 
or alien child acquires the status of an alien lawfully admitted for 
permanent residence on a conditional basis under subsection (a) of this 
section, the Attorney General shall notify the entrepreneur, spouse, or 
child about this subchapter and the requirements of section 4523 of 
this title to have the conditional basis of the status removed. 
However, the failure of the Attorney General to provide notice does not 
affect the enforcement of this subchapter against the entrepreneur, 
spouse, or child.

Sec. 4523. General requirements to remove conditional basis

  To remove the conditional basis established under section 4522(a) of 
this title, the alien entrepreneur must--
          (1) submit to the Attorney General a petition requesting the 
        removal of the conditional basis and containing, under penalty 
        of perjury, the information described by section 4524(b) of 
        this section; and
          (2) appear before the Attorney General for a personal 
        interview about the information required by section 4524(b).

Sec. 4524. Petitions

  (a) Time for Submission.--(1) Except as provided by paragraph (2) of 
this subsection, the petition required by section 4523(1) of this title 
must be submitted during the 90-day period immediately before the 2d 
anniversary that the alien acquired the status of an alien lawfully 
admitted for permanent residence.
  (2) A petition submitted after the 90-day period may be considered 
only if the alien satisfies the Attorney General that good cause and 
extenuating circumstances exist for not submitting the petition during 
that period.
  (3) The Attorney General may stay a deportation proceeding against an 
alien who did not submit a petition within the 90-day period required 
under paragraph (1) of this subsection pending the submission of the 
petition under paragraph (2) of this subsection.
  (4) At or about the beginning of the 90-day period, the Attorney 
General shall try to notify the alien entrepreneur, alien spouse, or 
alien child of the requirements of section 4523 of this title. However, 
the failure of the Attorney General to provide notice does not affect 
the enforcement of this chapter against the entrepreneur, spouse, or 
child.
  (b) Contents.--Each petition shall contain information demonstrating 
that the alien--
          (1) established a commercial enterprise;
          (2) invested or was actively in the process of investing the 
        required capital; and
          (3) conducted the actions described by clauses (1) and (2) of 
        this subsection during the entire period of the alien's 
        residence in the <gr-thn-eq>United States.

Sec. 4525. Personal interviews

  (a) Time and Location Requirements.--(1) The personal interview 
required by section 4523(2) of this title shall be conducted--
          (A) within 90 days after the date a petition is submitted as 
        required by section 4523(1) of this title; and
          (B) at a local office of the Immigration and Naturalization 
        Service the Attorney General designates that is convenient to 
        the parties involved.
  (2) The Attorney General may waive the interview or the deadline for 
the interview when appropriate.
  (b) Decisions on Truthfulness of Statements.--Within 90 days after an 
interview is conducted under section 4523(2) of this title, the 
Attorney General shall decide whether the information in the petition 
and required by section 4524(b) of this title about the qualifying 
commercial enterprise is true.

Sec. 4526. Favorable decisions on removing the conditional basis

  If the Attorney General decides the information required by section 
4524(b) of this title is true, the Attorney General shall notify the 
alien involved and shall remove the conditional basis of the status of 
the alien effective on the 2d anniversary that the alien acquired the 
status of an alien lawfully admitted for permanent residence.

Sec. 4527. Unfavorable decisions on removing the conditional basis

  (a) Improper Qualifying Entrepreneurships.--The Attorney General 
shall end, as of the date the Attorney General makes a decision under 
this subsection, the status of an alien entrepreneur, alien spouse, and 
alien child as aliens lawfully admitted for permanent residence and 
shall so notify the alien entrepreneur if, before the 2d anniversary of 
the date the alien entrepreneur acquired the status, the Attorney 
General decides the alien entrepreneur--
          (1) established the commercial enterprise only to evade the 
        immigration laws of the United States;
          (2)(A) did not establish a commercial enterprise;
          (B) did not invest or was not actively in the process of 
        investing the required capital; or
          (C) was not conducting the actions described by subclauses 
        (A) and (B) of this clause during the entire period of the 
        alien's residence in the United States; or
          (3) otherwise was not complying with the requirements of 
        section 4104(f) of this title.
  (b) Untrue Petition Information.--If the Attorney General decides any 
information required by section 4524(b) of this title is not true, the 
Attorney General shall end, as of the date of the decision, the status 
of an alien entrepreneur, alien spouse, or alien child as an alien 
lawfully admitted for permanent residence and notify the alien 
involved.
  (c) Failure To File Petitions or Have Personal Interviews.--The 
Attorney General shall end, as of the 2d anniversary of the alien's 
lawful admission for permanent residence, the status of an alien 
entrepreneur as an alien lawfully admitted for permanent residence (and 
the status of the entrepreneur's spouse or child if acquired under 
section 4502(a) or 4522(a) of this title) if--
          (1) a petition is not submitted as required by section 
        4523(1) of this title; or
          (2) unless good cause is shown, the alien entrepreneur does 
        not appear at the interview required by section 4523(2) of this 
        title.
  (d) Review of Decisions.--(1) An alien whose permanent residence 
status is ended under subsection (a) or (b) of this section may request 
a review of the decision in a proceeding to deport the alien. The 
burden of proof is on the Attorney General to establish by a 
preponderance of the evidence that--
          (A) if ended under subsection (a) of this section, a ground 
        described by subsection (a) is met; or
          (B) if ended under subsection (b) of this section, the 
        information required by section 4524(b) of this title about the 
        qualifying commercial enterprise is not true.
  (2) An alien whose permanent residence status is ended under 
subsection (c) of this section has the burden of proof in a deportation 
proceeding of establishing compliance with section 4523 of this title.

Sec. 4528. Treatment of conditional basis period for naturalization 
purposes

  In carrying out subtitle V of this title, an alien who is in the 
United States as an alien lawfully admitted for permanent residence on 
a conditional basis under this subchapter is deemed to have been 
admitted and to be in the United States as an alien lawfully admitted 
for permanent residence.

PART C--REFUGEES

                         CHAPTER 51--ADMISSIONS

Sec.
5101.  Definition.
5102.  Annual worldwide numerical limitations.
5103.  Additional emergency numerical limitations.
5104.  Congressional consultation and hearings.
5105.  Admissions.
5106.  Asylum.
5107.  Change of status.

Sec. 5101. Definition

  (a) Appropriate Consultation.--In this chapter, ``appropriate 
consultation'' means discussions in person between Cabinet-level 
representatives of the President and members of the Committees on the 
Judiciary of the Senate and House of Representatives on refugee 
admissions and the allocation of refugee admissions that--
          (1) review the worldwide refugee situation or an unforeseen 
        emergency refugee situation and estimate possible United States 
        participation in the situation;
          (2) consider the reasons for believing that the proposed 
        admissions are justified by humanitarian concerns or grave 
        humanitarian concerns or otherwise are in the interest of the 
        United States; and
          (3) provide the members with--
                  (A) a description of the nature of the refugee 
                situation;
                  (B) a description of the number and allocation of the 
                refugees to be admitted and an analysis of conditions 
                in the foreign countries from which they came;
                  (C) a description of the proposed plans and estimated 
                cost of moving and resettling the refugees;
                  (D) an analysis of the anticipated social, economic, 
                and demographic impact of the refugee admissions on the 
                United States;
                  (E) a description of the extent to which other 
                foreign countries will admit and assist in resettling 
                the refugees;
                  (F) an analysis of the impact of United States 
                participation in the resettlement of the refugees on 
                the foreign policy interests of the United States; and
                  (G) additional information that may be appropriate or 
                requested by the members.
  (b) Providing Information in Advance.--To the extent possible, 
information described by subsection (a)(3) of this section shall be 
provided at least 2 weeks before the discussions in person between the 
representatives of the President and the members.

Sec. 5102. Annual worldwide numerical limitations

  Before the beginning of each fiscal year and after appropriate 
consultation, the President shall establish for the fiscal year the 
number of refugee admissions to the United States justified by 
humanitarian concerns or otherwise in the interest of the United States 
and state, of the number established for the prior fiscal year, the 
number of aliens granted asylum. After appropriate consultation, the 
President shall allocate admissions among refugees of special 
humanitarian concern to the United States.

Sec. 5103. Additional emergency numerical limitations

  (a) Establishment of Number.--As provided by this section, the 
President may establish an additional number of refugee admissions to 
the United States for a succeeding period of not more than 12 months. 
The President may establish the additional number when the President 
decides, before the beginning of the period and after appropriate 
consultation, that--
          (1) an unforeseen emergency refugee situation exists;
          (2) the admission of certain refugees in response to the 
        situation is justified by grave humanitarian concerns or 
        otherwise is in the interest of the United States; and
          (3) the admission of the refugees cannot be carried out under 
        section 5102 of this title.
  (b) Allocation.--After appropriate consultation, the President shall 
allocate the admissions under subsection (a) of this section among 
refugees of special humanitarian concern to the United States.

Sec. 5104. Congressional consultation and hearings

  (a) Presidential Reports and Discussions.--Before the beginning of 
each fiscal year, the President shall report to the Committees on the 
Judiciary of the Senate and House of Representatives on the foreseeable 
number of refugees who will need resettlement during the fiscal year 
and the anticipated allocation of refugee admissions during that year. 
The President shall provide for periodic discussions between 
representatives of the President and members of the Committees on--
          (1) changes in the worldwide refugee situation;
          (2) the progress of refugee admissions; and
          (3) the possible need for changes in the allocation of 
        admissions among refugees.
  (b) Printing in Congressional Record.--As soon as possible after 
representatives of the President initiate appropriate consultation on 
the number of refugee admissions under section 5102 or 5103 of this 
title, the Committees shall have the substance of the consultations 
printed in the Congressional Record.
  (c) Committee Hearings.--After the President begins appropriate 
consultation before acting under section 5102 or 5103 of this title, 
each Committee shall hold a hearing to review the proposed action 
unless--
          (1) public disclosure of the details of the action would 
        jeopardize the lives or safety of individuals; and
          (2) if an action under section 5103, the time and nature of 
        the emergency refugee situation do not permit hearings.

Sec. 5105. Admissions

  (a) Authority of the Attorney General.--The Attorney General may 
admit a refugee under regulations the Attorney General prescribes and 
subject to the numerical limitations of sections 5102 and 5103 of this 
title. The Attorney General may admit the refugee when the refugee--
          (1) is not resettled firmly in a foreign country;
          (2) is admissible (except as otherwise provided under 
        subsections (d) and (e) of this section) as an immigrant under 
        this title; and
          (3) is of special humanitarian concern to the United States.
  (b) Burden of Proof.--An alien claiming refugee status has the burden 
of proving that the alien is entitled to that status.
  (c) Admission of Spouses and Children.--(1) The spouse or child (as 
defined by section 110(a)(1)-(5) of this title) of a refugee qualifying 
for admission under subsection (a) of this section is entitled to be 
admitted the same as the refugee if the spouse or child is--
          (A) accompanying or following to join the refugee;
          (B) not an individual referred to in section 135(2) of this 
        title; and
          (C) not admissible (except as otherwise provided under 
        subsections (d) and (e) of this section) under subsection (a) 
        of this section.
  (2) The admission of the spouse or child shall be charged against the 
numerical limitation under which the refugee's admission is charged.
  (d) Nonapplication.--Sections 4104(c)(2), (d)(3), and (g)(1) and (2), 
4311(a), 6304(a), and 6313 of this title do not apply to an alien 
applying for admission under this section.
  (e) Waivers.--(1) The Attorney General may waive section 2121(a) and 
subchapter I of chapter 63 of this title (except sections 6307(a)(3), 
6308(a)-(c), and 6309) for the alien--
          (A) for humanitarian purposes;
          (B) to ensure family unity; or
          (C) when otherwise in the public interest.
  (2) A waiver under paragraph (1) of this subsection shall be in 
writing and granted only after an investigation of the alien. The 
Attorney General shall report to Congress after the end of each fiscal 
year on the number of waivers granted in that fiscal year and a summary 
of the reasons for granting the waivers.
  (f) Certain Cuban Political Prisoners.--(1) In this subsection, 
``process'' means accepting and reviewing an application and preparing 
necessary documents and making appropriate decisions related to the 
application.
  (2) Consistent with the procedure applicable to similar cases in 
other foreign countries, and except as necessary to ensure the orderly 
process of available applicants, consular officers and the Attorney 
General shall process an application from a Cuban national imprisoned 
for any period of time after December 31, 1958, as an application for 
admission to the United States as a refugee.
  (g) Ending Refugee Status.--Under regulations the Attorney General 
prescribes, the Attorney General may end the refugee status of an alien 
and the spouse and child of the alien on finding that the alien was not 
a refugee at the time of the alien's admission.

Sec. 5106. Asylum

  (a) Applications for, and Granting, Asylum.--The Attorney General 
shall prescribe a procedure for an alien physically present in the 
United States or at a land border or port of entry, regardless of the 
alien's status, to apply for asylum. If the Attorney General decides 
that the alien is a refugee (as defined by section 135(1)(A) of this 
title), the Attorney General may grant asylum to the alien. However, an 
alien convicted of an aggravated felony may not apply for, or be 
granted, asylum.
  (b) Ending Asylum.--Under regulations the Attorney General 
prescribes, the Attorney General may end asylum granted under 
subsection (a) of this section if the Attorney General decides that the 
alien is no longer a refugee (as defined by section 135(1)(A) of this 
title) because of a change in circumstances--
          (1) in the alien's country of nationality; or
          (2) if the alien has no nationality, in the country in which 
        the alien last habitually resided.
  (c) Granting Asylum to Spouses and Children.--The spouse or child (as 
defined by section 110(a)(1)-(5) of this title) of an alien granted 
asylum under subsection (a) of this section may be granted asylum under 
subsection (a) if the spouse or child--
          (1) is accompanying or following to join the alien; and
          (2) may not be granted asylum otherwise under subsection (a) 
        of this section.

Sec. 5107. Change of status

  (a) Inspection and Examination of Refugees for Admission as 
Immigrants.--(1) An alien admitted as a refugee under section 5105 of 
this title and physically present in the United States for at least one 
year shall return or be returned to the custody of the Attorney General 
at the end of the year for inspection and examination for admission as 
an immigrant under sections 6103, 6331(a)-(d) and (f)-(h), and 6332 of 
this title if--
          (A) the refugee's status as a refugee has not been ended by 
        the Attorney General; and
          (B) the refugee has not been lawfully admitted for permanent 
        residence.
  (2) A refugee found to be admissible (except as otherwise provided 
under subsections (d)(2) and (e) of this section) as an immigrant under 
this title at the time of the refugee's inspection and examination 
under paragraph (1) of this subsection shall be lawfully admitted for 
permanent residence as of the date of the refugee's arrival in the 
United States. Admission is without regard to the numerical limitations 
of this title.
  (b) Aliens Granted Asylum.--(1) Under regulations the Attorney 
General prescribes, not more than 10,000 of the refugee admissions 
authorized in a fiscal year under section 5102 of this title may be 
allocated to the Attorney General to change the status of aliens 
granted asylum under section 5106 of this title to that of aliens 
lawfully admitted for permanent residence. The status of an alien may 
be changed when the alien--
          (A) applies for the change;
          (B) has been physically present in the United States for at 
        least one year after being granted asylum;
          (C) continues to be a refugee as required by section 5106 of 
        this title or a spouse or child of the refugee;
          (D) is not resettled firmly in a foreign country; and
          (E) is admissible (except as otherwise provided under 
        subsections (d)(2) and (e) of this section) as an immigrant 
        under this title at the time of examination for the change.
  (2) On approval of an application under paragraph (1) of this 
subsection, the Attorney General shall record the lawful admission for 
permanent residence of the alien as of the date one year before the 
date of approval.
  (c) Certain Former Asylees.--(1) Except as provided by paragraph (2) 
of this subsection and subsection (d)(1) of this section, subsection 
(b) of this section applies to an alien granted asylum before November 
29, 1990 (even if asylum had been ended under section 5106(b) of this 
title) who--
          (A) is no longer a refugee because of a change in 
        circumstances in a foreign country; and
          (B) was or would be qualified for a change of status under 
        subsection (b) on November 29, 1990, except for subsection 
        (b)(1)(B) and (C) and the numerical limitation under subsection 
        (b).
  (2) The number of aliens who are natives of a foreign country who may 
change their status under paragraph (1) of this subsection in a fiscal 
year may not be more than the difference between the foreign country 
limitation established under 4111(a) of this title and the number of 
aliens chargeable to the country in the fiscal year under section 4112 
of this title.
  (d) Nonapplication.--(1) The numerical limitation of subsection (b) 
of this section does not apply to an alien described by subsection (c) 
of this section or to an alien who applied for a change of status under 
subsection (b) before June 2, 1990.
  (2) Sections 4311(a), 6304(a), 6313, and 9106 of this title do not 
apply to an alien whose status is being changed under this section.
  (e) Waiver.--The Attorney General may waive section 2121(a) and 
subchapter I of chapter 63 of this title (except sections 6307(a)(3), 
6308(a)-(c), and 6309) for an alien--
          (1) for humanitarian purposes;
          (2) to ensure family unity; or
          (3) when otherwise in the public interest.

PART D--ENTRY, EXCLUSION, AND DEPORTATION

             CHAPTER 61--ARRIVAL, INSPECTION, AND ADMISSION

                          SUBCHAPTER I--GENERAL

Sec.
6101.  Time and place of entry.
6102.  Presentation of documentation.
6103.  Inspection of arriving individuals.
6104.  Physical and mental examinations of arriving aliens.
6105.  Custody pending decisions on excluding aliens convicted of 
          aggravated felonies.
6106.  Presidential authority to suspend entry of aliens.
6107.  Denial of admission of United Nations representatives because of 
          espionage.

               SUBCHAPTER II--ADMISSION OF CERTAIN ALIENS

6121.  Lawfully admitted aliens returning after temporary absence.
6122.  Temporary admission of excludable nonimmigrants.
6123.  Temporary parole.
6124.  Accredited officials of foreign governments.

                         SUBCHAPTER I--GENERAL

Sec. 6101. Time and place of entry

  An alien may enter the United States only at the time and place 
designated by an immigration officer.

Sec. 6102. Presentation of documentation

  (a) Immigrant Arrivals.--An alien arriving in the United States as an 
immigrant shall surrender the alien's immigrant visa to the immigration 
officer at the port of entry. The immigration officer shall endorse on 
the visa--
          (1) the date and the port of arrival;
          (2) the identity of the vessel, aircraft, or other means of 
        transportation; and
          (3) other information required by regulation.
  (b) Nonimmigrant Arrivals.--(1) Except as provided by paragraph (2) 
of this subsection, an alien arriving in the United States as a 
nonimmigrant shall present or surrender to the immigration officer at 
the port of entry documentation required by regulation.
  (2) An alien arriving in the United States as a nonimmigrant 
crewmember with a passport and no other documentation may be admitted 
until it is practicable to grant documentation to the alien if--
          (A) the name of the crewmember is on the crew list of the 
        vessel or aircraft on which the crewmember arrives;
          (B) a consular officer visas the crew list (but the consular 
        officer may exclude a crewmember from the crew list visa); and
          (C) the alien is otherwise admissible.
  (c) Records of Admission.--The Attorney General shall file--
          (1) as a record of an alien's admission, an immigrant visa 
        surrendered by the alien under subsection (a) of this section; 
        and
          (2) a record of entry into the United States that the 
        Attorney General considers necessary to enforce the immigration 
        laws, on the admission of--
                  (A) a returning resident immigrant under section 
                4311(b) of this title; and
                  (B) a nonimmigrant.

Sec. 6103. Inspection of arriving individuals

  (a) General Authority.--An immigration officer may inspect an 
individual arriving in the United States to decide whether the 
individual is admissible.
  (b) Statements Under Oath.--An individual arriving in the United 
States may be required to state under oath--
          (1) the individual's purpose in coming to the United States;
          (2) the period the individual intends to remain in the United 
        States;
          (3) whether, if an alien, the individual intends to become a 
        citizen of the United States; and
          (4) additional information to assist the immigration officer 
        in deciding whether the individual is a national of the United 
        States or an alien, and if an alien, whether the individual is 
        excludable.
  (c) Detention and Inspection of Aliens.--(1) To decide whether an 
alien arriving in the United States is admissible, an immigration 
officer shall detain the alien for a sufficient time--
          (A) to inspect the alien; and
          (B) to have the alien undergo a physical and mental 
        examination under section 6104 of this title.
  (2) Except as provided by paragraph (3) of this subsection, the alien 
shall be detained for further inquiry before a special inquiry officer 
under section 6331 of this title if--
          (A) the immigration officer has any doubt about the alien's 
        admissibility; or
          (B) another immigration officer challenges the first 
        immigration officer's decision to admit the alien.
  (3) Paragraph (2) of this subsection does not apply to an alien who 
is--
          (A) a crewmember;
          (B) a stowaway; or
          (C) excluded from admission under subsection (d) of this 
        section.
  (d) Aliens Dangerous to National Security.--(1) If an immigration 
officer or a special inquiry officer suspects that an alien may be 
excludable under section 6308(a)(1) or (3), (b), or (c) of this title, 
the officer shall exclude the alien temporarily from admission and 
report the exclusion to the Attorney General. No further inquiry may be 
conducted until ordered by the Attorney General. The alien or the 
alien's representative may submit a written statement and additional 
information for consideration by the Attorney General.
  (2) The Attorney General may order the alien excluded and deported 
without further inquiry by a special inquiry officer if the Attorney 
General--
          (A) is satisfied on the basis of confidential information 
        that the alien is excludable under section 6308(a)(1) or (3), 
        (b), or (c) of this title; and
          (B) after consulting with appropriate security agencies of 
        the United States Government, concludes that disclosure of the 
        information would be prejudicial to the public interest, 
        safety, or security.

Sec. 6104. Physical and mental examinations of arriving aliens

  (a) Examinations by Medical Officers.--Except as provided by 
subsection (c) of this section, a medical officer of the Public Health 
Service shall--
          (1) conduct a physical and mental examination of an alien 
        arriving in the United States; and
          (2) certify any observation by the officer that--
                  (A) the alien has a condition described by section 
                6302(a) of this title; or
                  (B) an alien ordered excluded and deported is 
                helpless because of sickness, disability, or infancy.
  (b) Officers Trained in Mental Examinations.--Medical officers of the 
Service, specially trained in diagnosing mental defects, shall be 
assigned to ports of entry designated by the Attorney General. The 
Attorney General shall provide those medical officers with interpreters 
and suitable facilities for detaining and examining arriving aliens 
suspected of being excludable under section 6302(a) of this title.
  (c) Use of Private and Military Physicians.--If a medical officer of 
the Service is not available to conduct an examination under subsection 
(a) of this section, the Attorney General may obtain, on terms the 
Attorney General prescribes, the services of--
          (1) a private physician with at least 4 years of professional 
        experience; or
          (2) if the alien to be examined is a special immigrant as 
        defined by section 137(a)(13) of this title, a physician of the 
        armed forces of the United States with at least 4 years of 
        professional experience.
  (d) Examinations Conducted Under Regulations.--Examinations under 
this section shall be conducted under administrative regulations 
prescribed by the Attorney General and medical regulations prescribed 
by the Secretary of Health and Human Services.
  (e) Appeal of Certification.--An alien certified under this section 
as having a condition described by section 6302(a) of this title may 
appeal the certification to a board of medical officers of the Service 
convened by the Secretary. The alien may present before the board, at 
the alien's expense, one expert medical witness.

Sec. 6105. Custody pending decisions on excluding aliens convicted of 
aggravated felonies

  (a) Custody.--Pending a decision on excludability, the Attorney 
General shall take into custody an alien convicted of an aggravated 
felony when the alien is released (whether the alien is released on 
parole, supervised release, or probation or may be arrested or 
imprisoned again for the same offense).
  (b) Release from Custody.--The Attorney General may release an alien 
taken into custody under subsection (a) of this section only if--
          (1) the Attorney General decides that the alien may not be 
        deported because the condition described by section 4313(f) of 
        this title exists; and
          (2)(A) a procedure has been established for reviewing each 
        request for release under this subsection;
          (B) the procedure includes consideration of the severity of 
        the felony committed; and
          (C) the review concludes that the alien will not pose a 
        danger to the safety of other individuals or to property.

Sec. 6106. Presidential authority to suspend entry of aliens

  When the President finds that the entry of aliens or a class of 
aliens into the United States would be detrimental to the interests of 
the United States, the President, by proclamation, may suspend the 
entry of all aliens or a class of aliens or impose restrictions on 
their entry, for any period the President considers necessary.

Sec. 6107. Denial of admission of United Nations representatives because of 
espionage

  The President shall use the authority of the President, including the 
authority contained in section 6 of the Joint Resolution of August 4, 
1947 (ch. 482, 61 Stat. 767) (known as the United Nations Headquarters 
Agreement Act), to deny admission of an individual to the United States 
as a representative to the United Nations if the President decides that 
the individual has been found to have been engaged in espionage 
activities directed against the United States or its allies and may 
pose a threat to the security interests of the United States. The 
President may waive this section if the President decides, and notifies 
Congress, that the waiver is in the security interests of the United 
States.

               SUBCHAPTER II--ADMISSION OF CERTAIN ALIENS

Sec. 6121. Lawfully admitted aliens returning after temporary absence

  (a) General.--The Attorney General may admit an alien who is lawfully 
admitted for permanent residence and returning after a temporary 
absence, without regard to section 4311(a) or subchapter I of chapter 
63 of this title (except sections 6308, 6309, and 6312), if the alien--
          (1) left the United States voluntarily and not under an order 
        of deportation; and
          (2) is returning to a lawful unrelinquished domicile of 7 
        consecutive years.
  (b) Other Authority Not Limited.--Subsection (a) of this section does 
not limit the authority of the Attorney General under section 4311(b) 
of this title.
  (c) Nonapplication to Certain Felons.--Subsection (a) of this section 
does not apply to an alien who has been convicted of, and has served a 
total term of imprisonment of at least 5 years for, one or more 
aggravated felonies.

Sec. 6122. Temporary admission of excludable nonimmigrants

  (a) Granting Nonimmigrant Visas.--An alien applying for a 
nonimmigrant visa who a consular officer believes is ineligible for the 
visa under section 2121(a) of this title or excludable under subchapter 
I of chapter 63 of this title (except sections 6308(a)(1)(A), (2), and 
(3), and (c), and 6309) may be granted a nonimmigrant visa and admitted 
temporarily as a nonimmigrant if the Attorney General approves a 
recommendation by the officer or the Secretary of State that the alien 
be admitted temporarily despite the alien's inadmissibility.
  (b) Admissions.--An alien inadmissible under section 2121(a) of this 
title or excludable under subchapter I of chapter 63 of this title 
(except sections 6308(a)(1)(A), (2), and (3), and (c), and 6309) may be 
admitted temporarily as a nonimmigrant if the alien--
          (1) has the appropriate documentation; or
          (2) is granted a waiver of the documentation requirements.
  (c) Conditions To Control Admission and Return.--The Attorney General 
shall prescribe conditions, including filing a bond as necessary, to 
control the admission and return of aliens applying for admission under 
this section.

Sec. 6123. Temporary parole

  (a) General.--Except as provided by section 2305(c) of this title, 
the Attorney General, for an emergency or other reasons strictly in the 
public interest, may parole temporarily into the United States an alien 
applying for admission. However, if the alien is a refugee, the 
Attorney General may parole the alien only if the Attorney General 
finds compelling reasons in the public interest requiring the alien to 
be paroled instead of admitted as a refugee. Parole of an alien under 
this section--
          (1) is subject to conditions the Attorney General may 
        prescribe; and
          (2) is not an admission to the United States.
  (b) End of Parole.--When the Attorney General is of the opinion that 
the purposes of the parole have been served, the alien immediately 
shall return or be returned to the custody from which the alien was 
paroled. Thereafter, the alien's application for admission shall 
continue to be considered in the same way as the application of any 
other alien for admission.

Sec. 6124. Accredited officials of foreign governments

  On a reciprocal basis, an accredited official of a government of a 
foreign country, and the official's immediate family, attendants, 
servants, and personal employees, may be admitted for immediate and 
continuous travel through the United States without regard to 
subchapter I of chapter 63 of this title (except section 6308(a)-(c)).

                         CHAPTER 63--EXCLUSION

                   SUBCHAPTER I--GROUNDS FOR EXCLUSION

Sec.
6301.  Fraud and misrepresentation.
6302.  Health.
6303.  Protection and guardianship of aliens excluded for health or 
          infancy.
6304.  Public charges.
6305.  Stowing away.
6306.  Encouraging others to enter illegally.
6307.  Criminal and immoral acts.
6308.  National security.
6309.  Participation in Nazi persecution or genocide.
6310.  Prior deportation or removal.
6311.  Ineligibility for citizenship and evasion of military service.
6312.  International child abduction.
6313.  Noncompliance with documentation requirements.
6314.  Application of exclusions to aliens leaving Guam, Puerto Rico, or 
          the Virgin Islands.

                        SUBCHAPTER II--PROCEDURE

6331.  Exclusion proceedings.
6332.  Administrative appeals.
6333.  Right to counsel.
6334.  Judicial review.
6335.  Deportation of excluded aliens.
6336.  Costs of deporting excluded aliens.

                  SUBCHAPTER I--GROUNDS FOR EXCLUSION

Sec. 6301. Fraud and misrepresentation

  (a) General.--An alien shall be excluded from admission to the United 
States if the alien--
          (1) by fraud or willful misrepresentation of a material fact 
        obtained, or attempted or attempts to obtain, a visa, other 
        documentation, entry into the United States, or another benefit 
        under this title (except subchapter I of chapter 5, subchapters 
        III and IV of chapter 131, and chapters 133-137); or
          (2) is the subject of a final order for violation of section 
        10125(b) of this title.
  (b) Waivers.--The Attorney General may waive subsection (a)(1) of 
this section for an immigrant if--
          (1) the immigrant is the spouse, parent, son, or daughter of 
        a citizen of the United States or of an immigrant lawfully 
        admitted for permanent residence; or
          (2) the fraud or misrepresentation occurred at least 10 years 
        before the date of the immigrant's application for a visa, 
        entry, or change of status and the Attorney General is 
        satisfied that the immigrant's admission would not be contrary 
        to the welfare, safety, or security of the United States.

Sec. 6302. Health

  (a) General.--An alien shall be excluded from admission to the United 
States if the alien is found--
          (1) under regulations prescribed by the Secretary of Health 
        and Human Services, to have a communicable disease of public 
        health significance (including infection with the etiologic 
        agent for acquired immune deficiency syndrome);
          (2) under regulations prescribed by the Secretary in 
        consultation with the Attorney General--
                  (A) to have a physical or mental disorder and 
                behavior associated with the disorder that may pose, or 
                has posed, a threat to the property, safety, or welfare 
                of the alien or others; or
                  (B) to have had a physical or mental disorder and a 
                history of behavior associated with the disorder that 
                has posed a threat to the property, safety, or welfare 
                of the alien or others and is likely to recur or to 
                lead to other harmful behavior; or
          (3) under regulations prescribed by the Secretary, to be a 
        drug abuser or addict.
  (b) Waivers.--(1) The Attorney General may waive--
          (A) subsection (a)(1) of this section for an alien who--
                  (i) is the spouse, unmarried son, unmarried daughter, 
                or adopted child of a citizen of the United States, of 
                an alien lawfully admitted for permanent residence, or 
                of an alien who has been granted an immigrant visa; or
                  (ii) has a son or daughter who is a citizen of the 
                United States, an alien lawfully admitted for permanent 
                residence, or an alien who has been granted an 
                immigrant visa; or
          (B) subsection (a)(2) of this section for any alien.
  (2) A waiver under this subsection is subject to any conditions, 
including filing a bond, that the Attorney General may prescribe by 
regulation after consultation with the Secretary.

Sec. 6303. Protection and guardianship of aliens excluded for health or 
infancy

  An alien shall be excluded from admission to the United States if--
          (1) the alien is accompanying another alien ordered excluded 
        and deported and certified to be helpless because of sickness, 
        disability, or infancy under section 6104(a)(2)(B) of this 
        title; and
          (2) the alien's protection or guardianship is required by the 
        alien ordered excluded and deported.

Sec. 6304. Public charges

  (a) General.--An alien shall be excluded from admission to the United 
States if the consular officer believes, at the time of the application 
for a visa, or the Attorney General believes, at the time of the 
application for admission or change of status, that the alien is likely 
at any time to become a public charge.
  (b) Admission on Bond.--(1) The Attorney General may admit an alien 
excludable under subsection (a) of this section if the alien is 
otherwise admissible and files a bond approved by the Attorney General. 
The bond shall--
          (A) be in an amount and contain conditions the Attorney 
        General prescribes; and
          (B) be for the benefit of the United States, States, 
        territories and possessions of the United States, political 
        subdivisions of States, and districts of States, territories, 
        possessions, and political subdivisions of States, holding them 
        harmless against the alien's becoming a public charge.
  (2) When the alien permanently leaves the United States, is 
naturalized, or dies, the bond ends and the security held to secure 
performance, except to the extent forfeited for a violation of the 
bond, shall be returned to the person providing it or to the person's 
legal representative.
  (3) The Attorney General may bring a civil action on the bond in the 
name of the United States for the benefit of the United States or of a 
State, territory, possession, political subdivision, or district in 
which the alien is a public charge, regardless of whether a demand for 
payment of public expenses has been made.

Sec. 6305. Stowing Away

  An alien shall be excluded from admission to the United States if the 
alien is a stowaway.

Sec. 6306. Encouraging others to enter illegally

  (a) General.--An alien shall be excluded from admission to the United 
States if the alien at any time knowingly encouraged, induced, or 
assisted another alien to enter or attempt to enter the United States 
in violation of law.
  (b) Nonapplication.--Subsection (a) of this section does not apply to 
an alien who--
          (1) is an eligible immigrant (as defined by section 301(b) of 
        the Immigration Act of 1990 (Public Law 101-649, 104 Stat. 
        5029));
          (2) was physically present in the United States on May 5, 
        1988;
          (3) is seeking--
                  (A) admission as an immediate relative;
                  (B) admission under section 4103(c) of this title 
                (including under section 112 of the Immigration Act of 
                1990 (Public Law 101-649, 104 Stat. 4987)); or
                  (C) benefits under section 301(a) of that Act (104 
                Stat. 5029); and
          (4) before May 5, 1988, encouraged, induced, or assisted only 
        the alien's spouse, parent, son, or daughter (and no other 
        individual) to enter the United States in violation of law.
  (c) Waivers.--The Attorney General may waive subsection (a) of this 
section for humanitarian purposes, to ensure family unity, or when it 
is otherwise in the public interest, for an alien who--
          (1)(A) is lawfully admitted for permanent residence, 
        temporarily left the United States voluntarily and not under an 
        order of deportation, and is otherwise admissible as a 
        returning resident under section 4311(b) of this title; or
          (B) is seeking admission or change of status as an immediate 
        relative or immigrant under section 4103(b), (c), or (d) of 
        this title; and
          (2) has encouraged, induced, or assisted only the alien's 
        spouse, parent, son, or daughter (and no other individual) to 
        enter the United States in violation of law.

Sec. 6307. Criminal and immoral acts

  (a) General.--Each of the following aliens shall be excluded from 
admission to the United States:
          (1) an alien who has been convicted of, admits having 
        committed, or admits having committed acts that are the 
        essential elements of, an offense involving moral turpitude 
        (except a purely political offense), but this clause does not 
        apply to an alien who has committed only one offense if--
                  (A) the alien committed the offense when less than 18 
                years of age, and committed the offense and was 
                released from any confinement imposed for the offense 
                more than 5 years before applying for a visa or other 
                documentation and for admission; or
                  (B) the maximum imprisonment for the offense was not 
                more than one year and the alien was not sentenced to 
                more than 6 months, regardless of the extent to which 
                the sentence was finally executed.
          (2) an alien who has been convicted of, admits having 
        committed, or admits having committed acts that are the 
        essential elements of, a violation of, or a conspiracy to 
        violate, a law or regulation of a State, the United States, or 
        a foreign country related to a controlled substance (as defined 
        by section 102 of the Comprehensive Drug Abuse Prevention and 
        Control Act of 1970 (21 U.S.C. 802)).
          (3) an alien who a consular officer or an immigration officer 
        knows or reasonably believes is or has been--
                  (A) unlawfully trafficking in a controlled substance 
                (as defined by section 102 of the Comprehensive Drug 
                Abuse Prevention and Control Act of 1970 (21 U.S.C. 
                802)); or
                  (B) knowingly assisting, abetting, conspiring, or 
                colluding with others in unlawfully trafficking in such 
                a controlled substance.
          (4) an alien who has been convicted of at least 2 offenses 
        (except purely political offenses) for which the sentences to 
        confinement actually imposed total at least 5 years, regardless 
        of whether--
                  (A) the convictions were in a single trial;
                  (B) the offenses arose from a single scheme of 
                misconduct; or
                  (C) the offenses involved moral turpitude.
          (5) an alien who--
                  (A) is coming to the United States only, principally, 
                or incidentally to engage in prostitution, or has 
                engaged in prostitution within 10 years of the date of 
                applying for a visa, admission, or change of status;
                  (B)(i) procures or attempts to procure individuals 
                for prostitution;
                  (ii) within that 10-year period, procured or 
                attempted to procure or to import individuals for 
                prostitution; or
                  (iii) receives or, within that 10-year period, 
                received any part of the proceeds of prostitution; or
                  (C) is coming to the United States to engage in any 
                other unlawful commercialized vice, whether or not 
                related to prostitution.
          (6) an alien who is coming to the United States to practice 
        polygamy.
          (7) an alien--
                  (A) who has committed in the United States at any 
                time--
                          (i) a felony;
                          (ii) a crime of violence (as defined by 
                        section 16 of title 18); or
                          (iii) an offense of reckless driving or 
                        driving when intoxicated or under the influence 
                        of alcohol or a prohibited substance if the 
                        offense involved personal injury to another;
                  (B) for whom immunity from criminal jurisdiction was 
                exercised for that offense;
                  (C) who as a consequence of the offense and exercise 
                of immunity has left the United States; and
                  (D) who subsequently has not submitted completely to 
                the jurisdiction of the court in the United States 
                having jurisdiction of that offense.
  (b) Waivers.--The Attorney General may waive subsection (a)(1), (4), 
(5), or (7) of this section, or subsection (a)(2) of this section for a 
single offense of simple possession of not more than 30 grams of 
marijuana, for an immigrant if--
          (1)(A) the Attorney General is satisfied that--
                  (i) the immigrant is excludable only under subsection 
                (a)(5)(A) or (B) of this section or the activities for 
                which the immigrant is excludable occurred more than 15 
                years before the date of the immigrant's application 
                for a visa, admission, or change of status;
                  (ii) the immigrant's admission would not be contrary 
                to the welfare, safety, or security of the United 
                States; and
                  (iii) the immigrant has been rehabilitated; or
          (B) the immigrant is the spouse, parent, son, or daughter of 
        a citizen of the United States or of an alien lawfully admitted 
        for permanent residence and the Attorney General is satisfied 
        that the immigrant's exclusion would result in extreme hardship 
        to the citizen or to the alien lawfully admitted for permanent 
        residence;
          (2) the Attorney General consents (subject to conditions and 
        procedures the Attorney General may prescribe by regulation) to 
        the immigrant's applying or reapplying for a visa, admission, 
        or change of status; and
          (3) the immigrant has not been convicted of, or admitted 
        committing acts that constitute, murder or a criminal act 
        involving torture.

Sec. 6308. National security

  (a) General.--An alien shall be excluded from admission to the United 
States if a consular officer or the Attorney General knows or 
reasonably believes that the alien seeks to enter the United States to 
engage only, principally, or incidentally in--
          (1) an activity to violate--
                  (A) a law of the United States related to espionage 
                or sabotage; or
                  (B) a law prohibiting the export from the United 
                States of goods, technology, or sensitive information;
          (2) any other unlawful activity; or
          (3) an activity a purpose of which is to oppose, control, or 
        overthrow the United States Government by force, violence, or 
        other unlawful means.
  (b) Terrorist Activities.--(1) In this subsection--
          (A) ``terrorist activity'' means an activity that is unlawful 
        under the laws of the place where the activity is committed or 
        that, if committed in the United States, would be unlawful 
        under the laws of the United States or any State, and that 
        involves--
                  (i) highjacking or sabotaging a vessel, aircraft, 
                vehicle, or other conveyance;
                  (ii) seizing or detaining, and threatening to kill, 
                injure, or continue to detain, another individual to 
                compel a third person (including a governmental entity) 
                to do or abstain from doing an act as an explicit or 
                implicit condition for the release of the individual 
                seized or detained;
                  (iii) a violent attack on an internationally 
                protected person (as defined by section 1116(b)(4) of 
                title 18) or on the liberty of such a person;
                  (iv) an assassination;
                  (v) the use, with intent to endanger the safety of an 
                individual or to cause substantial damage to property, 
                of a biological agent, chemical agent, or nuclear 
                weapon or device, or an explosive or firearm (except 
                only for personal monetary gain); or
                  (vi) a threat, attempt, or conspiracy to do an 
                activity described by subclauses (i)-(v) of this 
                clause.
          (B) ``engage in terrorist activity'' means to commit, in an 
        individual capacity or as a member of an organization, a 
        terrorist activity or an act that the actor knows or reasonably 
        should know gives material support to an individual, 
        organization, or government in conducting a terrorist activity 
        at any time, including--
                  (i) preparing or planning a terrorist activity;
                  (ii) gathering information on potential targets for 
                terrorist activity;
                  (iii) providing any type of material support, 
                including a safe house, transportation, communication, 
                money, false identification, weapon, explosive, or 
                training, to an individual the actor knows or 
                reasonably should know has committed or plans to commit 
                a terrorist activity;
                  (iv) soliciting money or another thing of value for a 
                terrorist activity or a terrorist organization; and
                  (v) soliciting an individual for membership in a 
                terrorist organization or terrorist government or to 
                engage in a terrorist activity.
          (C) an alien who is an officer, official, representative, or 
        spokesperson of the Palestine Liberation Organization is deemed 
        under subparagraph (B) of this paragraph to be engaged in a 
        terrorist activity.
  (2) An alien shall be excluded from admission to the United States 
if--
          (A) the alien has engaged in a terrorist activity; or
          (B) a consular officer or the Attorney General knows or 
        reasonably believes that the alien is likely to engage in a 
        terrorist activity after entry.
  (c) Foreign Policy.--(1) An alien shall be excluded from admission to 
the United States if the Secretary of State reasonably believes that 
the alien's entry or proposed activities in the United States would 
have potentially serious adverse foreign policy consequences for the 
United States.
  (2) An alien who is an official of a government of a foreign country 
or a purported government, or who is a candidate for election to a 
government office of a foreign country during the period immediately 
before the election for that office, may not be excluded or subject to 
restrictions or conditions on entry under paragraph (1) of this 
subsection only because of the alien's past, current, or expected 
beliefs, statements, or associations, if the beliefs, statements, or 
associations would be lawful in the United States.
  (3) An alien not described by paragraph (2) of this subsection may 
not be excluded or subject to restrictions or conditions on entry under 
paragraph (1) of this subsection because of the alien's past, current, 
or expected beliefs, statements, or associations, if the beliefs, 
statements, or associations would be lawful in the United States, 
unless the Secretary of State personally decides that the alien's 
admission would compromise a compelling foreign policy interest of the 
United States.
  (4) If the Secretary decides under paragraph (3) of this subsection 
that an alien's admission would compromise a compelling foreign policy 
interest of the United States, the Secretary shall give timely notice 
of the alien's identity and the reasons for the decision to the 
chairmen of the Committees on the Judiciary and Foreign Affairs of the 
House of Representatives and the Committees on the Judiciary and 
Foreign Relations of the Senate.
  (d) Membership in Totalitarian Party.--(1) An immigrant shall be 
excluded from admission to the United States if the immigrant is or has 
been a member of or affiliated with the Communist or any other domestic 
or foreign totalitarian party, including a subdivision or affiliate of 
that party.
  (2) Paragraph (1) of this subsection does not apply to an immigrant 
because of membership or affiliation if the immigrant satisfies the 
consular officer when applying for a visa, or the Attorney General when 
applying for admission, that the membership or affiliation is or was--
          (A) involuntary;
          (B) only before the alien's 16th birthday;
          (C) only by operation of law; or
          (D) only to obtain employment, food rations, or other 
        essentials of living and the membership or affiliation is or 
        was necessary to obtain the employment, rations, or essentials.
  (3) Paragraph (1) of this subsection does not apply to an immigrant 
because of membership or affiliation if the immigrant satisfies the 
consular officer when applying for a visa, or the Attorney General when 
applying for admission, that--
          (A) the membership or affiliation ended at least--
                  (i) 2 years before the date of applying; or
                  (ii) 5 years before the date of applying, if the 
                membership or affiliation was with the party 
                controlling the government of a foreign country that is 
                a totalitarian dictatorship as of that date; and
          (B) the immigrant is not a threat to the security of the 
        United States.
  (4) The Attorney General may waive paragraph (1) of this subsection 
for an immigrant for humanitarian purposes, to ensure family unity, or 
when it is otherwise in the public interest, if the immigrant--
          (A) is the parent, spouse, son, daughter, brother, or sister 
        of a citizen of the United States or the spouse, son, or 
        daughter of an alien lawfully admitted for permanent residence; 
        and
          (B) is not a threat to the security of the United States.

Sec. 6309. Participation in Nazi persecution or genocide

  An alien shall be excluded from admission to the United States if the 
alien--
          (1) at any time during the period from March 23, 1933, 
        through May 8, 1945, ordered, incited, assisted, or otherwise 
        participated in the persecution of any person because of race, 
        religion, national origin, or political opinion, under the 
        direction of, or in association with--
                  (A) the Nazi government of Germany;
                  (B) any government in an area occupied by the 
                military forces of the Nazi government of Germany;
                  (C) any government established with the assistance or 
                cooperation of the Nazi government of Germany; or
                  (D) any government that was an ally of the Nazi 
                government of Germany; or
          (2) engaged in conduct that is defined as genocide under the 
        International Convention on the Prevention and Punishment of 
        Genocide.

Sec. 6310. Prior deportation or removal

  (a) Prior Exclusion and Deportation.--An alien shall be excluded from 
admission to the United States if the alien has been excluded and 
deported and is seeking admission within one year after the date of 
deportation.
  (b) Other Prior Deportation or Removal.--Each of the following aliens 
shall be excluded from admission to the United States if the alien is 
seeking admission within 5 years (or, if convicted of an aggravated 
felony, within 20 years) after the date of the deportation or removal:
          (1) an alien who has been arrested and deported.
          (2) an alien who has fallen into distress and been removed 
        under this title or a prior law.
          (3) an alien who has been removed as an alien enemy.
          (4) an alien who has been removed at the expense of the 
        United States Government under section 6539(e)(1) of this title 
        instead of being deported.
  (c) Nonapplication.--Subsections (a) and (b) of this section do not 
apply to an alien if the Attorney General consents, before the alien 
begins to travel to the United States from a place outside the United 
States or attempts to be admitted from foreign contiguous territory, to 
the alien's applying or reapplying for admission.

Sec. 6311. Ineligibility for citizenship and evasion of military service

  An alien shall be excluded from admission to the United States if the 
alien--
          (1) is permanently ineligible for citizenship; or
          (2) left or remained outside the United States to avoid or 
        evade training or service in the armed forces of the United 
        States during war or a period declared by the President to be a 
        national emergency, unless the alien was a nonimmigrant at the 
        time of leaving the United States and is seeking to reenter the 
        United States as a nonimmigrant.

Sec. 6312. International child abduction

  (a) General.--If, after a court in the United States has granted to 
an individual the custody of a child who is a citizen of the United 
States, an alien detains or withholds custody of the child outside the 
United States from the individual granted custody by the court, the 
alien shall be excluded from admission to the United States until the 
child is surrendered to the individual granted custody by the court.
  (b) Nonapplication.--Subsection (a) of this section does not apply as 
long as the child is located in a foreign country whose government is a 
party to the Hague Convention on the Civil Aspects of International 
Child Abduction.

Sec. 6313. Noncompliance with documentation requirements

  (a) General Documentation Requirements.--An alien shall be excluded 
from admission to the United States if the alien is seeking admission 
as--
          (1) a nonimmigrant and does not satisfy the documentation 
        requirements of section 2121 of this title; or
          (2) an immigrant and does not satisfy the documentation 
        requirements of section 4311 of this title or the alien's 
        immigrant visa was issued without being in compliance with 
        sections 4103-4106 of this title.
  (b) Requirements of Graduates of Non-Accredited Medical Schools.--An 
alien shall be excluded from admission to the United States if the 
alien--
          (1) is seeking admission as an immigrant principally to 
        perform services as a member of the medical profession;
          (2) is a graduate of a medical school not accredited by an 
        entity approved by the Secretary of Education; and
          (3) has not satisfied the requirements of section 4104(g)(1) 
        of this title.
  (c) Labor Certifications.--An alien shall be excluded from admission 
to the United States if the alien is seeking admission as an immigrant 
to perform skilled or unskilled labor and the Secretary of Labor has 
not made the certification required by section 4104(g)(2) of this 
title.

Sec. 6314. Application of exclusions to aliens leaving Guam, Puerto Rico, 
or the Virgin Islands

  An alien who leaves Guam, Puerto Rico, or the Virgin Islands and 
tries to enter the continental United States or another place under the 
jurisdiction of the United States is subject to this subchapter and 
section 4104(g) of this title. Such an alien who is excluded from 
admission to the United States shall be deported immediately in the way 
provided by section 6335 of this title.

                        SUBCHAPTER II--PROCEDURE

Sec. 6331. Exclusion proceedings

  (a) Proceeding Requirements.--(1) When an arriving alien is detained 
under section 6103(c)(2) of this title for further inquiry about the 
alien's admissibility, a special inquiry officer shall conduct a 
proceeding under this section to decide whether the alien is to be 
admitted or excluded and deported.
  (2) Sections 303 (a) and (b) and 6103(d) of this title apply to a 
proceeding under this section.
  (3) The Attorney General may prescribe regulations for conducting 
proceedings under this section.
  (4) The procedure provided by this section and regulations prescribed 
under this section is the only procedure for deciding on the 
admissibility of an alien under this section.
  (b) Officer Not To Have Participated in Investigation or 
Prosecution.--A proceeding under this section shall be conducted by a 
special inquiry officer who did not participate in investigating or 
(except as provided by this section) prosecuting the case against the 
alien.
  (c) Closed Proceedings.--A proceeding under this section shall be 
closed to the public. However, the alien is entitled--
          (1) to have one friend or relative present under conditions 
        prescribed by the Attorney General; and
          (2) to be represented by counsel as provided by section 6333 
        of this title.
  (d) Presentation of Evidence.--The special inquiry officer shall 
administer oaths, present and receive evidence, and interrogate, 
examine, and cross-examine the alien and witnesses.
  (e) Burden of Proof.--An individual seeking to enter the United 
States has the burden of proving that the individual is not subject to 
exclusion.
  (f) Record of Proceeding.--A complete record of the proceeding, 
including the testimony and evidence produced at the proceeding, shall 
be kept.
  (g) Decisions.--(1) The decision of a special inquiry officer in a 
proceeding under this section shall be based only on the evidence 
produced at the proceeding. If a medical officer, private physician, or 
board of medical officers has certified under section 6104 of this 
title that the alien has a condition described by section 6302(a) of 
this title, the decision of the special inquiry officer shall be based 
only on the certification.
  (2) A decision of a special inquiry officer on whether to exclude an 
alien is final unless reversed on appeal to the Attorney General under 
section 6332 of this title. An alien who has a right to appeal under 
section 6332 shall be informed of that right.

Sec. 6332. Administrative appeals

  (a) Appeals by Aliens.--An alien may appeal to the Attorney General 
an order of a special inquiry officer excluding the alien, except when 
the alien is--
          (1) a stowaway;
          (2) excluded temporarily under section 6103(d) of this title; 
        or
          (3) excluded based on a certification under section 6104 of 
        this title.
  (b) Appeals by Immigration Officers.--The immigration officer in 
charge of the port at which a proceeding under section 6331 of this 
title is conducted may appeal to the Attorney General an order of a 
special inquiry officer admitting an alien.
  (c) Time for Appealing and Staying Actions.--An appeal under this 
section must be timely. The appeal stays final action in the proceeding 
until the Attorney General makes a final decision.
  (d) Decisions.--Except as provided by section 6103(d) of this title, 
the Attorney General shall decide the appeal based only on the evidence 
in the proceeding before the special inquiry officer.

Sec. 6333. Right to counsel

  In an exclusion proceeding before a special inquiry officer and in an 
appeal before the Attorney General from an exclusion proceeding, an 
alien is entitled to be represented, at no cost to the United States 
Government, by the alien's choice of counsel authorized to practice in 
the proceeding or <gr-thn-eq>appeal.

Sec. 6334. Judicial review

  (a) Judicial Review.--An alien may obtain judicial review of a final 
order of exclusion only by a habeas corpus proceeding and only if--
          (1) the alien has exhausted all administrative remedies 
        available to the alien as of right under the immigration laws 
        and regulations;
          (2) the alien has remained in the United States after the 
        order was issued; and
          (3) the validity of the order has not been decided in a prior 
        judicial proceeding, unless the reviewing court finds that the 
        petition for habeas corpus presents grounds that could not have 
        been presented in the prior proceeding or that the remedy 
        provided by the prior proceeding was inadequate or ineffective 
        to test the validity of the order.
  (b) Contents of Petitions.--A petition for habeas corpus shall state 
whether the validity of the order of exclusion has been upheld in a 
prior judicial proceeding, and, if so, shall state the name of the 
court, the date of the court's ruling, and the nature of the 
proceeding.

Sec. 6335. Deportation of excluded aliens

  (a) Immediate Deportation.--Except as provided by subsection (d) of 
this section, an alien (except an alien crewmember) arriving in the 
United States who is excluded under this title shall be immediately 
deported.
  (b) Place of Deportation.--(1) Except as provided by paragraphs (2) 
and (3) of this subsection, deportation under this section shall be to 
the country in which the alien boarded the vessel or aircraft on which 
the alien arrived in the United States.
  (2) If the alien boarded the vessel or aircraft on which the alien 
arrived in the United States in a foreign territory contiguous to the 
United States, an island adjacent to the United States, or an island 
adjacent to a foreign territory contiguous to the United States, and 
the alien is not a native, citizen, subject, or national of, or does 
not reside in, the territory or island, deportation shall be to the 
country in which the alien boarded the vessel or aircraft that 
transported the alien to the territory or island.
  (3) If the government of the country designated in paragraph (1) or 
(2) of this subsection is unwilling to accept the alien into that 
country's territory, deportation shall be to any of the following 
countries, as directed by the Attorney General:
          (A) the country of which the alien is a citizen, subject, or 
        national.
          (B) the country in which the alien was born.
          (C) the country in which the alien has a residence.
          (D) a country with a government that will accept the alien 
        into the country's territory if deportation to a country 
        described by clauses (A)-(C) of this paragraph is 
        impracticable, inadvisable, or impossible.
  (c) Deportation Vessels, Aircraft, and Accommodations.--(1) 
Deportation under this section shall be on a vessel or aircraft owned 
by the owner of the vessel or aircraft on which the alien arrived in 
the United States, unless it is impracticable to deport the alien on 
one of those vessels or aircraft within a reasonable time.
  (2) The alien shall be deported in accommodations of the same class 
in which the alien arrived.
  (d) Stay of Deportation.--(1) The Attorney General may stay the 
deportation of an alien under this section if the Attorney General 
decides that--
          (A) immediate deportation is not practicable or proper; or
          (B) the alien is needed to testify for the United States 
        Government in the prosecution of a person for a violation of a 
        law of the United States.
  (2) During the period an alien is detained because of a stay of 
deportation under paragraph (1)(B) of this subsection, the Attorney 
General may pay from the appropriation ``Immigration and Naturalization 
Service--Salaries and Expenses''--
          (A) the cost of maintenance of the alien; and
          (B) a witness fee of $1 a day.
  (3) The Attorney General may release an alien, whose deportation is 
stayed under paragraph (1)(B) of this subsection, on--
          (A) the alien's filing a bond of at least $500 with security 
        approved by the Attorney General;
          (B) condition that the alien appear when required as a 
        witness and for deportation; and
          (C) other conditions the Attorney General may prescribe.

Sec. 6336. Costs of deporting excluded aliens

  When an alien is ordered excluded and deported, the owner of the 
vessel or aircraft on which the alien arrived in the United States 
shall pay the transportation cost of deporting the alien. If 
deportation is on a vessel or aircraft not owned by the owner of the 
vessel or aircraft on which the alien arrived in the United States, the 
Attorney General may--
          (1) pay the cost from the appropriation ``Immigration and 
        Naturalization Service--Salaries and Expenses''; and
          (2) recover the amount of the cost in a civil action from the 
        owner, agent, or consignee of the vessel or aircraft on which 
        the alien arrived in the United States.

         CHAPTER 65--DEPORTATION OF ALIENS IN THE UNITED STATES

                  SUBCHAPTER I--GROUNDS FOR DEPORTATION

Sec.
6501.  Excludable at time of entry or change of status or in the United 
          States illegally.
6502.  Marriage fraud and failure to marry timely.
6503.  Public charges.
6504.  Failure to maintain classification or status or satisfy entry 
          conditions.
6505.  Encouraging others to enter illegally.
6506.  Criminal offenses.
6507.  Failure to register and falsification of documents.
6508.  National security.
6509.  Participation in Nazi persecution or genocide.
6510.  Nonapplication of certain grounds to special immigrants dependent 
          on juvenile court.

                        SUBCHAPTER II--PROCEDURE

6531.  Arrest and detention pending decision on deportation.
6532.  Deportation proceedings.
6533.  Expeditious proceedings for convicted aliens.
6534.  Right to counsel.
6535.  Judicial review.
6536.  Detention, release, and deportation of aliens ordered deported.
6537.  Countries to which aliens may be deported.
6538.  Suspension of deportation.
6539.  Voluntary departure and removal.
6540.  Ineligibility for discretionary relief for failure to appear.
6541.  Duties of private parties and costs of deportation.

                 SUBCHAPTER I--GROUNDS FOR DEPORTATION

Sec. 6501. Excludable at time of entry or change of status or in the United 
States illegally

  (a) General.--An alien shall be deported if the alien--
          (1) was excludable at the time of entry or change of status 
        under a law in effect at that time;
          (2) entered the United States--
                  (A) without being inspected; or
                  (B) at a time or place not designated by an 
                immigration officer; or
          (3) is in the United States in violation of a law of the 
        United States.
  (b) Waivers for Certain Misrepresentations.--(1) The Attorney General 
may waive subsection (a)(1) of this section for an alien (except an 
alien deportable under section 6509 of this title) who was excludable 
under section 6301(a)(1) of this title at the time of entry if the 
alien--
          (A) is the spouse, parent, son, or daughter of a citizen of 
        the United States or of an alien lawfully admitted for 
        permanent residence;
          (B) had an immigrant visa or equivalent documentation at the 
        time of entry; and
          (C) was otherwise admissible at the time of entry, except 
        under section 4104(g)(2) or 4311(a)(1) of this title as a 
        direct result of the fraud or misrepresentation.
  (2) A waiver of deportation under paragraph (1) of this subsection 
for fraud or misrepresentation is also a waiver of deportation based on 
other grounds of inadmissibility at the time of entry directly 
resulting from the fraud or misrepresentation.

Sec. 6502. Marriage fraud and failure to marry timely

  (a) Marriage Fraud.--(1) An alien shall be deported if--
          (A) the alien obtained entry into the United States with an 
        immigrant visa or other documentation obtained because of a 
        marriage entered into less than 2 years before the alien's 
        entry that was judicially annulled or terminated within 2 years 
        after the alien's entry; or
          (B) the Attorney General is satisfied that the alien failed 
        to fulfill the alien's marital agreement that, in the opinion 
        of the Attorney General, was made to obtain entry into the 
        United States as an immigrant.
  (2) Paragraph (1)(A) of this subsection does not apply to an alien 
who satisfies the Attorney General that the marriage was not made to 
evade the immigration laws.
  (b) Failure To Marry Within 90 Days.--An alien who enters the United 
States as a nonimmigrant under section 2309(a) of this title, and a 
minor child of the alien accompanying or following to join the alien, 
shall leave the United States if, with 90 days after entry, the alien 
does not marry the citizen who filed the petition for the alien under 
section 2309(b) of this title. If they do not leave, they shall be 
deported.

Sec. 6503. Public charges

  An alien shall be deported if the alien, within 5 years after entry, 
has become a public charge from causes not affirmatively shown to have 
arisen since entry.

Sec. 6504. Failure to maintain classification or status or satisfy entry 
conditions

  (a) Nonimmigrant Classification Not Maintained.--(1) Subject to 
paragraph (2) of this subsection, an alien admitted to the United 
States as a nonimmigrant shall be deported if the alien does not--
          (A) maintain the nonimmigrant classification under which the 
        alien was admitted or to which the classification was changed 
        under section 9108 of this title; or
          (B) comply with a condition of the nonimmigrant 
        classification.
  (2) An alien admitted as a nonimmigrant under section 2301(1) or 
2302(1) of this title and not maintaining the nonimmigrant 
classification under which the alien was admitted may be deported only 
if--
          (A) the Secretary of State approves; or
          (B) the alien is deportable under section 6508 or 6509 of 
        this title.
  (b) Noncompliance With Health Waiver Conditions.--An alien admitted 
to the United States as a result of a waiver under section 6302(b) of 
this title shall be deported if the Secretary of Health and Human 
Services certifies that the alien has not complied with a condition of 
the waiver.
  (c) Special Agricultural Workers.--An alien lawfully admitted for 
temporary residence under section 210A of the Immigration and 
Nationality Act shall be deported if the alien does not meet the 
requirement of section 210A(d)(5)(A) of that Act by the end of the 
applicable period.
  (d) Termination of Conditional Permanent Resident Status.--An alien 
lawfully admitted for permanent residence on a conditional basis under 
chapter 45 of this title shall be deported if the status is terminated. 
However, this subsection does not apply if a waiver is granted under 
section 4506(b) of this title.

Sec. 6505. Encouraging others to enter illegally

  (a) General.--An alien shall be deported if the alien, before or 
within 5 years after entry, knowingly has encouraged, induced, or 
assisted another alien to enter or attempt to enter the United States 
in violation of law.
  (b) Nonapplication.--Subsection (a) of this section does not apply to 
an alien who--
          (1) is an eligible immigrant (as defined by section 301(b) of 
        the Immigration Act of 1990 (Public Law 101-649, 104 Stat. 
        5029));
          (2) was physically present in the United States on May 5, 
        1988;
          (3) is seeking--
                  (A) admission as an immediate relative;
                  (B) admission under section 4103(c) of this title 
                (including under section 112 of the Immigration Act of 
                1990 (Public Law 101-649, 104 Stat. 4987)); or
                  (C) benefits under section 301(a) of that Act (104 
                Stat. 5029); and
          (4) before May 5, 1988, encouraged, induced, or assisted only 
        the alien's spouse, parent, son, or daughter (and no other 
        individual) to enter the United States in violation of law.
  (c) Waivers.--The Attorney General may waive subsection (a) of this 
section for humanitarian purposes, to ensure family unity, or when it 
is otherwise in the public interest, for an alien who--
          (1) is lawfully admitted for permanent residence; and
          (2) has encouraged, induced, or assisted only the alien's 
        spouse, parent, son, or daughter (and no other individual) to 
        enter the United States in violation of law.

Sec. 6506. Criminal offenses

  (a) Moral Turpitude and Aggravated Felonies.--(1) An alien shall be 
deported if the alien is convicted--
          (A) of an offense involving moral turpitude committed within 
        5 years after entry and is sentenced to confinement or is 
        confined for the offense in a prison or correctional 
        institution for at least one year;
          (B) after entry, of at least 2 offenses involving moral 
        turpitude not arising out of a single scheme of misconduct, 
        regardless of whether the convictions were in a single trial or 
        the alien was confined for the offenses; or
          (C) after entry, of an aggravated felony.
  (2) Paragraph (1) of this subsection does not apply to a conviction 
of an alien if the President or the chief executive officer of a State 
has granted the alien a full and unconditional pardon.
  (b) Controlled Substances.--An alien shall be deported if the alien--
          (1) is convicted, after entry, of violating, or conspiring or 
        attempting to violate, a law or regulation of a State, the 
        United States, or a foreign country related to a controlled 
        substance (as defined by section 102 of the Comprehensive Drug 
        Abuse Prevention and Control Act of 1970 (21 U.S.C. 802)), 
        except a single offense of possession for one's own use of not 
        more than 30 grams of marijuana; or
          (2) is, or at any time after entry has been, a drug abuser or 
        addict.
  (c) Firearms.--An alien shall be deported if the alien, after entry, 
is convicted under any law of purchasing, selling, offering for sale, 
exchanging, using, owning, possessing, or carrying in violation of law 
any weapon, part, or accessory that is a firearm or destructive device 
(as defined by section 921(a) of title 18).
  (d) Miscellaneous.--An alien shall be deported if the alien has been 
convicted at any time (and the judgment has become final) of violating 
or conspiring or attempting to violate--
          (1) section 501 or 10151 of this title;
          (2) chapter 37, 105, or 115 of title 18 if a term of 
        imprisonment of at least 5 years may be imposed;
          (3) section 871 or 960 of title 18;
          (4) the Trading with the Enemy Act (50 App. U.S.C. 1 et 
        seq.); or
          (5) the Military Selective Service Act (50 App. U.S.C. 451 et 
        seq.);

Sec. 6507. Failure to register and falsification of documents

  (a) Address Notification.--An alien shall be deported if the alien 
has not complied with section 8104 of this title, unless the Attorney 
General is satisfied that the noncompliance was reasonably excusable or 
not willful.
  (b) Failure To Register and Falsification of Documents.--An alien 
shall be deported if the alien has been convicted at any time of--
          (1) violating section 10145 of this title;
          (2) violating section 36(c) of the Alien Registration Act, 
        1940;
          (3) violating or conspiring to violate the Foreign Agents 
        Registration Act of 1938, as amended (22 U.S.C. 611 et seq.);
          (4) violating the Act of August 1, 1956 (50 U.S.C. 851 et 
        seq.) or a regulation under that Act; or
          (5) violating or conspiring to violate section 1546 of title 
        18.
  (c) Document Fraud.--An alien shall be deported if the alien is the 
subject of a final order for violating section 10125 of this title.

Sec. 6508. National security

  (a) General.--An alien shall be deported if the alien has engaged or 
engages in--
          (1) an activity to violate--
                  (A) a law of the United States related to espionage 
                or sabotage; or
                  (B) a law prohibiting the export from the United 
                States of goods, technology, or sensitive information;
          (2) any other criminal activity that endangers public safety 
        or the security of the United States; or
          (3) an activity a purpose of which is to oppose, control, or 
        overthrow the United States Government by force, violence, or 
        other unlawful means.
  (b) Terrorist Activities.--An alien shall be deported if the alien 
has engaged or engages in a terrorist activity as defined by section 
6308(b) of this title.
  (c) Foreign Policy.--(1) An alien shall be deported if the Secretary 
of State has reason to believe that the alien's presence or activities 
in the United States would have potentially serious adverse foreign 
policy consequences for the United States.
  (2) The exceptions described by section 6308(c)(2) and (3) of this 
title apply to deportability under this subsection in the same way that 
they apply to excludability under section 6308(c)(1).

Sec. 6509. Participation in Nazi persecution or genocide

  An alien described by section 6309 of this title shall be deported.

Sec. 6510. Nonapplication of certain grounds to special immigrants 
dependent on juvenile court

  The following sections do not apply to a special immigrant as defined 
by section 137(a)(12) of this title, based on circumstances that 
existed before the date the alien acquired the special immigrant 
status:
          (1) sections 6501(a) and 6504(a), (b), and (d) of this title, 
        except to the extent related to a ground of exclusion described 
        by sections 6307(a)(1)-(5) or (7), 6308, or 6309 of this title.
          (2) section 6507(a) of this title.

                  SUBCHAPTER II--DEPORTATION PROCEDURE

Sec. 6531. Arrest and detention pending decision on deportation

  (a) Arrest, Detention, and Release.--On a warrant issued by the 
Attorney General, an alien may be arrested and detained pending a 
decision on deportation. Except as provided by subsection (c) of this 
section, the Attorney General, pending a decision on deportation, may--
          (1) continue to detain the arrested alien; or
          (2) release the alien on--
                  (A) a bond of at least $500 with security approved 
                by, and containing conditions prescribed by, the 
                Attorney General; or
                  (B) conditional parole.
  (b) Revocation of Bond or Parole.--The Attorney General may revoke at 
any time a bond or parole authorized under subsection (a) of this 
section, rearrest the alien under the original warrant, and detain the 
alien pending a decision on deportation.
  (c) Aliens Convicted of Aggravated Felonies.--(1) The Attorney 
General shall take into custody an alien convicted after November 17, 
1988, of an aggravated felony when the alien is released, whether the 
alien is released on parole, supervised release, or probation or may be 
arrested or imprisoned again for the same offense.
  (2) To the maximum extent practicable, the Attorney General shall 
detain at one facility aliens convicted after November 17, 1988, of 
aggravated felonies and taken into custody under paragraph (1) of this 
subsection. In selecting the facility, the Attorney General shall make 
a reasonable effort to ensure that an alien's right to counsel under 
section 6534 of this title is not impaired.
  (3) The Attorney General may release the alien only if the alien--
          (A) was lawfully admitted to the United States; and
          (B) satisfies the Attorney General that the alien is not a 
        threat to the community and is likely to appear for any 
        scheduled proceeding.
  (4) The Attorney General shall carry out a system--
          (A) to make the investigative resources of the Immigration 
        and Naturalization Service available, daily and on a 24-hour 
        basis, to officers and employees of the United States 
        Government, States, and localities to decide whether an 
        individual arrested by any of those officers or employees for 
        an aggravated felony is an alien;
          (B) to designate and train officers and employees of the 
        Service in each district to serve as liaison to law enforcement 
        and correctional agencies and courts of the Government, States, 
        and localities in matters involving the arrest, conviction, and 
        release of aliens charged with aggravated felonies; and
          (C) to maintain a current record, using computer resources, 
        of aliens who have been convicted after November 17, 1988, of 
        aggravated felonies and deported.
  (5) The record referred to in paragraph (4)(C) of this subsection 
shall be made available to inspectors at ports of entry and to border 
patrol agents at sector headquarters to help identify aliens who have 
been convicted after November 17, 1988, of aggravated felonies and 
deported and who are attempting to reenter the United States.
  (d) Habeas Corpus.--In a habeas corpus proceeding, a court of 
competent jurisdiction may review or revise a decision of the Attorney 
General about an alien's detention or release on bond or parole pending 
a decision on deportation, if the alien shows conclusively that the 
Attorney General is not proceeding with reasonable dispatch under the 
particular circumstances to decide whether the alien is to be deported.

Sec. 6532. Deportation proceedings

  (a) Definition.--In this section, ``exceptional circumstances'' means 
exceptional circumstances beyond the control of the alien, such as 
serious illness of the alien or death of an immediate relative but not 
including less compelling circumstances.
  (b) Proceeding Requirement.--A special inquiry officer shall conduct 
a proceeding under this section to decide whether an alien is to be 
deported.
  (c) Officer Not To Have Participated in Investigation or 
Prosecution.--A proceeding under this section shall be conducted by a 
special inquiry officer who did not participate in investigating or 
(except as provided by this section) prosecuting the case against the 
alien.
  (d) Orders To Show Cause and Proceeding Notices.--(1) In a 
deportation proceeding under this section, an order to show cause shall 
be served--
          (A) by personal delivery on the alien; or
          (B) if personal delivery is not practicable, by certified 
        mail, return receipt requested, to the alien or any counsel of 
        record of the alien.
  (2) The order shall include notice of--
          (A) the nature of the proceeding against the alien;
          (B) the legal authority under which the proceeding is 
        conducted;
          (C) each act or conduct alleged to be in violation of law;
          (D) each charge against the alien and the law alleged to have 
        been violated;
          (E) the alien's right to be represented (at no expense to the 
        United States Government) by counsel authorized to practice in 
        a deportation proceeding and to be provided a list of counsel 
        prepared under subsection (e)(2) of this section;
          (F) the requirements that the alien immediately must provide 
        the Attorney General a written record of--
                  (i) an address and telephone number (if any) at which 
                the alien may be contacted about the proceeding unless 
                the alien has already provided this information to the 
                Attorney General; and
                  (ii) any change of address or telephone number; and
          (G) the consequences under subsection (j)(2) of this section 
        of failing to provide the address and telephone information.
  (3) In the order to show cause or in a separate written notice served 
in the same way as specified by paragraph (1) of this subsection, the 
alien shall be notified of--
          (A) the time and place of the proceeding;
          (B) the consequences under subsection (j) of this section of 
        failing (except under exceptional circumstances) to attend the 
        proceeding; and
          (C) the right to be represented by counsel at the proceeding 
        and to be provided a period of time, as specified by subsection 
        (e)(1) of this section, to retain counsel and to be provided a 
        current list of counsel prepared under subsection (e)(2) of 
        this section.
  (4) If the time or place of the proceeding is changed, a new written 
notice shall be served in the same way as specified by paragraph (1) of 
this subsection. The notice shall include the new time or place of the 
proceeding and the matters specified by paragraph (3)(B) and (C) of 
this subsection.
  (5) Notice under paragraphs (3) and (4) of this subsection is not 
required for an alien not in detention if the alien has not provided an 
address as required by paragraph (2)(F) of this subsection.
  (6) Each order to show cause and written notice under this subsection 
shall be in English and Spanish.
  (7) The Attorney General shall maintain a system to record and 
preserve on a timely basis notices of addresses and telephone numbers 
and changes provided by aliens under paragraph (2)(F) of this 
subsection.
  (e) Date of First Hearing and Assistance of Counsel.--(1) To give an 
alien an opportunity to retain counsel, the first date that a 
proceeding for the alien under this section may be scheduled shall be 
at least 14 days after service of the order to show cause, unless the 
alien requests in writing an earlier date.
  (2) The Attorney General shall provide lists (updated at least 
quarterly) of individuals who have indicated their availability to 
represent aliens without charge in proceedings under this section. The 
lists shall be provided as required by subsection (d)(2)(E) of this 
section and also shall be made generally available.
  (f) Attendance of Alien.--(1) An alien shall have a reasonable 
opportunity to attend the proceeding for the alien under this section. 
If it is impracticable for the alien to attend because of mental 
incompetence, the proceeding may be conducted without the alien. The 
Attorney General shall prescribe safeguards for the rights and 
privileges of an alien who does not attend because of mental 
incompetence.
  (2) If an alien has been given a reasonable opportunity to attend, 
and without reasonable cause does not attend or remain in attendance, 
the special inquiry officer may conduct the proceeding and decide on 
the alien's deportation as if the alien had attended.
  (g) Conducting Proceedings.--(1) The special inquiry officer 
conducting a proceeding shall administer oaths, present and receive 
evidence, and interrogate, examine, and cross-examine the alien and 
witnesses. If the Attorney General believes it will aid in making a 
decision, the Attorney General may require, specifically or by 
regulation, in a case or class of cases, that an additional immigration 
officer be assigned to present the evidence for the Government. The 
additional immigration officer may present evidence and interrogate, 
examine, and cross-examine the alien and witnesses. The assignment of 
an additional immigration officer does not affect the authority of the 
special inquiry officer conducting the proceeding.
  (2) The alien shall have a reasonable opportunity to examine the 
evidence against the alien, present evidence, and cross-examine 
witnesses presented by the Government.
  (h) Burden of Proof.--The alien has the burden of proof of 
establishing the alien's time, place, and manner of entry into the 
United States. In presenting the proof, the alien is entitled to the 
production of the alien's visa or other entry document and, unless 
considered confidential by the Attorney General, any other relevant 
record in the custody of the Attorney General. An alien who fails to 
sustain the burden of proof is presumed to be in the United States in 
violation of law.
  (i) Decisions and Orders.--If authorized by the Attorney General, the 
special inquiry officer shall make decisions on the deportability of 
aliens and issue orders of deportation. A decision that an alien is 
deportable may be made only on a record made in a proceeding before a 
special inquiry officer, and is valid only if based on reasonable, 
substantial, and probative evidence. If an alien is ordered deported 
under any law or treaty, the decision of the Attorney General is final.
  (j) Deportation Ordered in Absentia.--(1) An alien who does not 
attend the alien's proceeding under this section shall be ordered 
deported in absentia, if the Attorney General establishes by clear, 
unequivocal, and convincing evidence that--
          (A) the notice required by subsection (d)(3) and (4) of this 
        section was provided; and
          (B) the alien is deportable.
  (2) The notice referred to in paragraph (1)(A) of this subsection is 
sufficient if provided at the most recent address provided under 
subsection (d)(2)(F) of this section. No notice is required if the 
alien has not provided the address required by subsection (d)(2)(F).
  (3)(A) A deportation order issued under this subsection may be 
rescinded only on a motion to reopen--
          (i) filed not later than 180 days after the date of the order 
        if the alien demonstrates that the failure to attend was 
        because of exceptional circumstances; or
          (ii) filed at any time if the alien demonstrates that the 
        alien did not receive the notice required by subsection (d)(3) 
        and (4) of this section or that the alien was in the custody of 
        a State or the Government and did not attend through no fault 
        of the alien.
  (B) A motion filed under this paragraph stays the deportation of the 
alien pending disposition of the motion.
  (4) Notwithstanding section 6535 of this title, a petition for review 
under section 6535 of a deportation order issued in absentia under this 
subsection--
          (A) must be filed not later than 60 days (or 30 days if the 
        alien has been convicted of an aggravated felony) after the 
        date of the final order of deportation; and
          (B) except as provided by section 6535(b)(5) of this title, 
        shall be limited to the issues of--
                  (i) the validity of the notice provided to the alien;
                  (ii) the reasons for the alien's failure to attend; 
                and
                  (iii) whether clear, unequivocal, and convincing 
                evidence of deportability has been established.
  (k) Fingerprints and Photographs.--The Attorney General shall 
prescribe regulations providing for the fingerprinting and 
photographing of each alien at least 14 years of age against whom a 
deportation proceeding is begun. The fingerprints and photographs shall 
be made available, on request, to law enforcement agencies of the 
Government, States, and localities.
  (l) Additional Regulations and Exclusivity of Procedure.--(1) A 
proceeding under this section shall be conducted under regulations the 
Attorney General shall prescribe that are consistent with this section.
  (2) The procedure provided by this section and regulations prescribed 
under this section is the only procedure for deciding on the 
deportability of an alien under this section.
  (m) Regulations on Motions To Reopen and To Reconsider and on 
Administrative Appeals.--Not later than May 29, 1991, the Attorney 
General shall prescribe regulations on--
          (1) the number of motions to reopen and to reconsider that 
        may be filed in a deportation proceeding and the time during 
        which they may be filed;
          (2) the number of administrative appeals that may be filed in 
        a deportation proceeding, the items to be included in notices 
        of appeal, and the time during which the appeals and the 
        appellate and reply briefs may be filed; and
          (3) the consolidation of motions to reopen and to reconsider 
        with the appeal of the order of deportation.

Sec. 6533. Expeditious proceedings for convicted aliens

  (a) General.--If an alien is convicted of an offense that makes the 
alien deportable, the Attorney General shall begin a deportation 
proceeding against the alien as expeditiously as possible after the 
date of the conviction.
  (b) Aliens Convicted of Aggravated Felonies.--The Attorney General 
shall provide for the availability of special deportation proceedings 
at certain correctional facilities of the United States Government, 
States, and localities for aliens convicted after November 17, 1988, of 
aggravated felonies. Each proceeding shall be conducted--
          (1) under section 6532 of this title, except as otherwise 
        provided by this section;
          (2) in a way that eliminates the need for additional 
        detention at a processing center of the Immigration and 
        Naturalization Service; and
          (3) in a way that ensures expeditious deportation, if 
        warranted, after the alien is released from imprisonment for 
        the felony.
  (c) Presumption of Deportability.--An alien convicted after November 
17, 1988, of an aggravated felony is conclusively presumed to be 
deportable from the United States.
  (d) Completing Proceedings Before Release From Imprisonment.--The 
Attorney General shall provide for beginning and, to the extent 
possible, completing a deportation proceeding against an alien 
convicted after November 17, 1988, of an aggravated felony, and any 
administrative appeals from that proceeding, before the alien is 
released from imprisonment for the felony.
  (e) Deportation During Imprisonment.--This section does not require 
the Attorney General to deport an alien sentenced to imprisonment 
before the alien is released from imprisonment.

Sec. 6534. Right to counsel

  In a deportation proceeding before a special inquiry officer and in 
an appeal before the Attorney General from a deportation proceeding, an 
alien is entitled to be represented, at no cost to the United States 
Government, by the alien's choice of counsel authorized to practice in 
the proceeding or appeal.

Sec. 6535. Judicial review

  (a) Applicable Provisions.--Judicial review of a final order of 
deportation is governed only by chapter 158 of title 28, except as 
provided by this section.
  (b) Requirements.--(1) A petition for review must be filed--
          (A) if the alien has been convicted after November 17, 1988, 
        of an aggravated felony, not later than 30 days after the date 
        of the final order of deportation; and
          (B) for any other alien, not later than 90 days after the 
        date of the final order of deportation.
  (2) A petition for review shall be filed with the court of appeals of 
the United States for the circuit in which the petitioner resides or 
for the circuit in which any part of the proceeding before a special 
inquiry officer was held, but not more than one circuit.
  (3) The respondent is the Attorney General. The petition shall be 
served on the Attorney General and on the officer or employee of the 
Immigration and Naturalization Service in charge of the Service 
district in which the office of the clerk of the court is located. 
Service of the petition on the officer or employee stays the 
deportation of the alien pending the court's decision on the petition, 
unless the court orders otherwise. However, if the alien has been 
convicted of an aggravated felony, service of the petition does not 
stay the deportation unless the court orders otherwise.
  (4) Except as provided by paragraph (5)(B) of this subsection--
          (A) the court of appeals shall decide the petition only on 
        the administrative record on which the deportation order is 
        based; and
          (B) the administrative findings of fact are conclusive if 
        supported by reasonable, substantial, and probative evidence on 
        the record considered as a whole.
  (5)(A) If the petitioner claims to be a national of the United States 
and the court of appeals finds from the pleadings and affidavits that 
no genuine issue of material fact about the petitioner's nationality is 
presented, the court shall decide the nationality claim.
  (B) If the petitioner claims to be a national of the United States 
and the court of appeals finds that a genuine issue of material fact 
about the petitioner's nationality is presented, the court shall 
transfer the proceeding to the district court of the United States for 
the judicial district in which the petitioner resides for a new hearing 
on the nationality claim and a decision on that claim as if an action 
had been brought in the district court under section 2201 of title 28.
  (C) The petitioner may have the nationality claim decided only as 
provided by this section.
  (6) When a petitioner seeks review of an order under this section, 
any review sought of a motion to reopen or reconsider the order shall 
be consolidated with the review of the order.
  (7)(A) If the validity of a deportation order has not been judicially 
decided, a defendant in a criminal proceeding charged with violating 
section 6536(d) or 10153(a) of this title may challenge the validity of 
the order in the criminal proceeding only by filing a separate motion 
before trial. The district court, without a jury, shall decide the 
motion before trial.
  (B) If the defendant claims in the motion to be a national of the 
United States and the district court finds that no genuine issue of 
material fact about the defendant's nationality is presented, the court 
shall decide the motion only on the administrative record on which the 
deportation order is based. The administrative findings of fact are 
conclusive if supported by reasonable, substantial, and probative 
evidence on the record considered as a whole.
  (C) If the defendant claims in the motion to be a national of the 
United States and the district court finds that a genuine issue of 
material fact about the defendant's nationality is presented, the court 
shall hold a new hearing on the nationality claim and decide that claim 
as if an action had been brought under section 2201 of title 28.
  (D) If the district court rules that the deportation order is 
invalid, the court shall dismiss the indictment. The United States 
Government may appeal the dismissal to the court of appeals for the 
appropriate circuit within 30 days. The defendant may not file a 
petition for review under this section during the criminal proceeding. 
The defendant may have the nationality claim decided only as provided 
by this section.
  (8) This subsection--
          (A) does not prevent the Attorney General, after a final 
        order of deportation has been issued, from detaining the alien 
        under section 6536(b) of this title;
          (B) does not relieve the alien from complying with sections 
        6536(d) and 10153(a) of this title; and
          (C) except as provided by paragraph (3) of this subsection, 
        does not require the Attorney General to defer deportation of 
        the alien.
  (9) The record and briefs do not have to be printed. The court of 
appeals shall review the proceeding on a typewritten record and on 
typewritten briefs.
  (10) An alien held in custody under an order of deportation may 
obtain judicial review of the order by a habeas corpus proceeding.
  (c) Review of Final Orders.--A court may review a final order of 
deportation only if--
          (1) the alien has exhausted all administrative remedies 
        available to the alien as of right;
          (2) the alien has remained in the United States after the 
        order was issued; and
          (3) another court has not decided the validity of the order, 
        unless the reviewing court finds that the petition presents 
        grounds that could not have been presented in the prior 
        judicial proceeding or that the remedy provided by the prior 
        proceeding was inadequate or ineffective to test the validity 
        of the order.
  (d) Requirements for Petition.--A petition for review or for habeas 
corpus of an order of deportation shall state whether a court has 
upheld the validity of the order, and, if so, shall state the name of 
the court, the date of the court's ruling, and the kind of proceeding.

Sec. 6536. Detention, release, and deportation of aliens ordered deported

  (a) Deportation Period.--Except as otherwise provided by this 
section, when an alien is ordered deported, the Attorney General has 6 
months to deport the alien from the United States. The 6-month period 
begins on the latest of the following:
          (1) the date the deportation order becomes administratively 
        final.
          (2) if the deportation order is judicially reviewed, the date 
        of the court's final order.
          (3) if the alien is detained or confined (except under an 
        immigration process), the date the alien is released from 
        detention or confinement.
  (b) Detention and Release by the Attorney General.--During the 6-
month period, the Attorney General may--
          (1) detain the alien;
          (2) release the alien on a bond containing conditions the 
        Attorney General may prescribe; or
          (3) release the alien on other conditions the Attorney 
        General may prescribe.
  (c) Habeas Corpus.--In a habeas corpus proceeding, a court of 
competent jurisdiction may review or revise a decision of the Attorney 
General under subsection (b) of this section if the alien shows 
conclusively that the Attorney General is not proceeding with 
reasonable dispatch under the particular circumstances to deport the 
alien within the 6-month period.
  (d) Supervision After 6-Month Period.--If the alien does not leave or 
is not deported within the 6-month period, the alien, pending 
deportation, shall be subject to supervision under regulations 
prescribed by the Attorney General. The regulations shall include 
provisions requiring the alien--
          (1) to appear before an immigration officer periodically for 
        identification;
          (2) to submit, if necessary, to a medical and psychiatric 
        examination at the expense of the United States Government;
          (3) to give information under oath about the alien's 
        nationality, circumstances, habits, associations, and 
        activities, and other information the Attorney General 
        considers appropriate; and
          (4) to obey reasonable written restrictions on the alien's 
        conduct or activities that the Attorney General prescribes for 
        the alien.
  (e) Aliens Imprisoned, Arrested, or on Parole, Supervised Release, or 
Probation.--Except as provided by section 343(a) of the Public Health 
Service Act (42 U.S.C. 259(a)), the Attorney General may not deport an 
alien who is sentenced to imprisonment until the alien is released from 
imprisonment. Parole, supervised release, probation, or possibility of 
rearrest or further imprisonment is not a reason to defer deportation.
  (f) Reinstatement of Deportation Orders Against Aliens Illegally 
Reentering.--If the Attorney General finds that an alien has reentered 
the United States illegally after having been deported or having 
departed voluntarily, under an order of deportation on any ground 
described by sections 6506-6509 of this title, the prior order of 
deportation is reinstated from its original date and the alien shall be 
deported under the prior order at any time after the reentry.

Sec. 6537. Countries to which aliens may be deported

  (a) Designation by Alien.--(1) An alien in the United States who has 
been ordered deported may designate one country to which the alien 
wants to be deported. However, the alien may designate a foreign 
territory contiguous to the United States, an adjacent island, or an 
island adjacent to a foreign territory contiguous to the United States 
as the place to which the alien is to be deported only if the alien is 
a native, citizen, subject, or national of, or has resided in, that 
designated territory or island. Except as otherwise provided by this 
section, the Attorney General shall deport the alien to the country the 
alien designates.
  (2) The Attorney General may disregard a designation under paragraph 
(1) of this subsection if--
          (A) the alien fails to designate a country promptly;
          (B) the government of the country does not inform the 
        Attorney General finally, within 3 months after the Attorney 
        General first inquires, whether the government will accept the 
        alien into the country;
          (C) the government of the country is not willing to accept 
        the alien into the country; or
          (D) the Attorney General decides that deporting the alien to 
        the country is prejudicial to the United States.
  (b) Alternative Deportation Country.--If an alien is not deported to 
a country under subsection (a) of this section, the Attorney General 
shall deport the alien to a country of which the alien is a subject, 
national, or citizen unless the government of the country--
          (1) does not inform the Attorney General or the alien 
        finally, within 3 months after the Attorney General first 
        inquires or within another period of time the Attorney General 
        decides is reasonable, whether the government will accept the 
        alien into the country; or
          (2) is not willing to accept the alien into the country.
  (c) Additional Deportation Countries.--If an alien is not deported to 
a country under subsection (a) or (b) of this section, the Attorney 
General shall deport the alien to any of the following countries:
          (1) the country from which the alien last entered the United 
        States.
          (2) the country in which is located the foreign port from 
        which the alien left for the United States or for a foreign 
        territory contiguous to the United States.
          (3) a country in which the alien resided before the alien 
        entered the country from which the alien entered the United 
        States.
          (4) the country in which the alien was born.
          (5) the country that had sovereignty over the alien's 
        birthplace when the alien was born.
          (6) the country in which the alien's birthplace is located 
        when the alien is ordered deported.
          (7) if impracticable, inadvisable, or impossible to deport 
        the alien to a country described by clauses (1)-(6) of this 
        subsection, another country whose government will accept the 
        alien into that country.
  (d) Deportation Country When United States Is at War.--When the 
United States is at war and the Attorney General decides that it is 
impracticable, inadvisable, inconvenient, or impossible to deport an 
alien under subsections (a)-(c) of this section because of the war, the 
Attorney General may deport the alien--
          (1) to the country that is host to a government in exile of 
        the country of which the alien is a citizen or subject if the 
        government of the host country will permit the alien's entry; 
        or
          (2) if the recognized government of the country of which the 
        alien is a citizen or subject is not in exile, to a country, or 
        a political or territorial subdivision of a country, that is 
        very near the country of which the alien is a citizen or 
        subject, or, with the consent of the government of the country 
        of which the alien is a citizen or subject, to another country.
  (e) Restriction When Alien's Life or Freedom Would Be Threatened.--
(1) Notwithstanding subsections (a)-(d) of this section, the Attorney 
General may not deport or return an alien to a country if the Attorney 
General decides that the alien's life or freedom would be threatened in 
that country because of the alien's race, religion, nationality, 
membership in a social group, or political opinion.
  (2) Paragraph (1) of this subsection does not apply to an alien 
deportable under section 6509 of this title or if the Attorney General 
decides--
          (A) that the alien ordered, incited, assisted, or otherwise 
        participated in the persecution of an individual because of the 
        individual's race, religion, nationality, membership in a 
        social group, or political opinion;
          (B) after the alien's conviction of a particularly serious 
        crime (including any aggravated felony) has become final, that 
        the alien is a danger to the community of the United States;
          (C) that there are serious reasons to believe that the alien 
        committed a serious nonpolitical crime outside the United 
        States before the alien arrived in the United States; or
          (D) that there are reasonable grounds to believe that the 
        alien is a danger to the security of the United States.

Sec. 6538. Suspension of deportation

  (a) Grounds for Suspension.--On application of an alien to the 
Attorney General, the Attorney General may suspend the deportation of 
the alien and change the status of the alien under section 9103 of this 
title to that of an alien lawfully admitted for permanent residence 
if--
          (1)(A) the alien is deportable under a law of the United 
        States, except sections 6506-6508 of this title;
          (B) for at least 7 continuous years immediately before 
        applying, the alien has been--
                  (i) physically present in the United States; and
                  (ii) of good moral character;
          (C) the alien is of good moral character; and
          (D) the Attorney General believes that deporting the alien 
        would cause extreme hardship to the alien or to the alien's 
        spouse, parent, or child if the spouse, parent, or child is a 
        citizen of the United States or an alien lawfully admitted for 
        permanent residence; or
          (2)(A) the alien is deportable under any of sections 6506-
        6508 of this title;
          (B) for at least 10 continuous years immediately after the 
        alien committed an act or acquired a status that is a ground 
        for deportation, the alien has been--
                  (i) physically present in the United States; and
                  (ii) of good moral character;
          (C) the alien is of good moral character; and
          (D) the Attorney General believes that deporting the alien 
        would cause exceptional and extremely unusual hardship to the 
        alien or to the alien's spouse, parent, or child if the spouse, 
        parent, or child is a citizen of the United States or an alien 
        lawfully admitted for permanent residence.
  (b) Brief Interruption of Physical Presence.--An alien temporarily 
absent from the United States is deemed to have maintained continuous 
physical presence under subsection (a)(1)(B)(i) and (2)(B)(i) of this 
section if the absence was brief, casual, and innocent and did not 
meaningfully interrupt the continuous physical presence. This 
subsection does not apply to an alien removed from the United States 
before November 6, 1986.
  (c) Interruption of Physical Presence Because of Service in the Armed 
Forces.--The requirements of subsection (a)(1)(B)(i) and (2)(B)(i) of 
this section do not apply to an alien who--
          (1) enlisted or was inducted into the armed forces of the 
        United States when the alien was in the United States;
          (2) served on active duty in the armed forces for at least 24 
        months; and
          (3) if separated from the armed forces, was separated under 
        honorable conditions.
  (d) Nonapplication.--This section does not apply to an alien who--
          (1) enters the United States as a crewmember after June 30, 
        1964;
          (2) is admitted to the United States as a nonimmigrant under 
        section 2312 of this title or acquires the status of a 
        nonimmigrant under section 2312 after admission--
                  (A) to receive graduate medical education or 
                training, regardless of whether the alien is subject to 
                the 2-year foreign residence requirement of section 
                8303 of this title; or
                  (B) not to receive graduate medical education or 
                training, but who is subject to the 2-year foreign 
                residence requirement of section 8303 of this title and 
                does not fulfill or receive a waiver of that 
                requirement; or
          (3) is deportable under section 6509 of this title.

Sec. 6539. Voluntary departure and removal

  (a) Departure Before Deportation Proceedings.--(1) Before a 
deportation proceeding is begun against an alien, the Attorney General 
may allow the alien to depart voluntarily from the United States if the 
alien--
          (A) admits to being deportable under subchapter I of this 
        chapter; and
          (B) departs voluntarily at the alien's expense or is removed 
        at the United States Government's expense under subsection (e) 
        of this section.
  (2) Paragraph (1) of this subsection does not apply to an alien if 
the Attorney General has reason to believe the alien is deportable 
under any of sections 6506-6509 of this title.
  (b) Departure During Deportation Proceedings.--(1) During a 
deportation proceeding against an alien, the Attorney General may allow 
the alien to depart voluntarily from the United States at the alien's 
expense if the alien satisfies the Attorney General that the alien is, 
and for at least 5 years immediately before applying for voluntary 
departure under this subsection has been, of good moral character.
  (2) Paragraph (1) of this subsection does not apply to an alien--
          (A) deportable under any of sections 6506-6509 of this title, 
        except such an alien whose deportation may be suspended under 
        section 6538(a)(2) of this title; or
          (B) deportable because of a conviction, after November 17, 
        1988, of an aggravated felony.
  (c) Departure After Order of Deportation.--After an alien is ordered 
deported, the Attorney General may allow the alien to depart 
voluntarily. An alien departing voluntarily after being ordered 
deported is deemed to have been deported.
  (d) Removal of Alien in Distress or in Need of Assistance.--(1) If an 
alien falls into distress or needs public assistance from a cause that 
arises after the alien enters the United States, and the alien wants to 
be removed from the United States, the Attorney General may remove the 
alien to--
          (A) the alien's native country;
          (B) the country from which the alien came to the United 
        States;
          (C) the country of which the alien is a subject or citizen; 
        or
          (D) another country the alien designates if the government of 
        that country is willing to accept the alien in that country.
  (2) An alien removed under paragraph (1) of this subsection may not 
apply for or be granted a visa or other entry documentation or 
admission to the United States without the Attorney General's prior 
approval.
  (e) Costs Payable by Government.--The Attorney General may pay from 
the appropriation ``Immigration and Naturalization Service--Salaries 
and Expenses'' the costs of removing an alien from the United States 
under--
          (1) subsection (a) of this section if--
                  (A) the alien is unable to pay; and
                  (B) the Attorney General believes the alien's removal 
                is in the best interest of the United States;
          (2) subsection (c) of this section if--
                  (A) the alien is unable to pay; and
                  (B) payment is not otherwise provided for under this 
                title; and
          (3) subsection (d) of this section.

Sec. 6540. Ineligibility for discretionary relief for failure to appear

  (a) Definition.--In this section, ``exceptional circumstances'' has 
the same meaning given that term by section 6532(a) of this title.
  (b) Relief Covered.--An alien is ineligible for the following relief 
to the extent provided by subsections (c)-(f) of this section:
          (1) suspension of deportation under section 6538 of this 
        title.
          (2) voluntary departure under section 6539(a) or (b) of this 
        title.
          (3) change of status under section 9101, 9104, or 9108 of 
        this title.
  (c) Failure To Appear at Deportation Proceeding.--An alien against 
whom a final order of deportation is entered in absentia under section 
6532 of this title is ineligible for the relief specified by subsection 
(b) of this section for 5 years after entry of the final order if, at 
the time the notice was required to be given under section 6532(d)(3) 
and (4), the alien was given oral notice, in the alien's native 
language or another language the alien understands, of the time and 
place of the proceeding and the consequences of failing (except for 
exceptional circumstances) to attend.
  (d) Failure To Appear for Voluntary Departure.--(1) Subject to 
paragraph (2) of this subsection, an alien is ineligible for the relief 
specified by subsection (b) of this section for 5 years after the 
scheduled date of departure or the date of unlawful reentry if the 
alien--
          (A) is allowed to depart voluntarily under section 6539(a) or 
        (b) of this title; and
          (B) remains in the United States after the scheduled date of 
        departure (except for exceptional circumstances).
  (2) Paragraph (1) of this subsection applies to an alien allowed to 
depart voluntarily only if, before the departure, the Attorney General 
has provided written notice to the alien in English and Spanish, and 
oral notice, in the alien's native language or another language the 
alien understands, of the consequences under paragraph (1) of remaining 
in the United States after the scheduled date of departure (except for 
exceptional circumstances).
  (e) Failure To Appear for Deportation.--(1) Subject to paragraph (2) 
of this subsection, an alien against whom a final order of deportation 
is entered under section 6532 of this title who fails (except for 
exceptional circumstances) to appear for deportation at the time and 
place ordered is ineligible for the relief specified by subsection (b) 
of this section for 5 years after the scheduled date of deportation.
  (2) Paragraph (1) of this subsection applies only if the Attorney 
General has provided notice in the final order of deportation, and 
orally in the alien's native language or another language the alien 
understands, of the consequences under paragraph (1) of failing (except 
for exceptional circumstances) to appear for deportation at the time 
and place ordered.
  (f) Failure To Appear for Asylum Hearing.--(1) Subject to paragraph 
(2) of this subsection, an alien whose period of any authorized stay 
has expired, who has filed an application for asylum, and who fails 
(except for exceptional circumstances) to appear at the time and place 
scheduled for the asylum hearing, is ineligible for the relief 
specified by subsection (b) of this section for 5 years after the date 
of the asylum hearing.
  (2) Paragraph (1) of this subsection applies only if the alien was 
given written notice in English and Spanish, and oral notice in the 
alien's native language or another language the alien understands, of--
          (A) the time and place of the asylum hearing and any change 
        in the time or place; and
          (B) the consequences under paragraph (1) of this subsection 
        of failing (except for exceptional circumstances) to appear.

Sec. 6541. Duties of private parties and costs of deportation

  (a) Duty To Carry Out Deportation Orders.--When ordered by the 
Attorney General, the owner, agent, master, commanding officer, 
charterer, or consignee of a vessel, aircraft, or vehicle bringing an 
alien to the United States shall--
          (1) take on board, guard safely, and transport to the 
        destination specified by the Attorney General, the alien if 
        ordered deported; and
          (2) pay the costs of deporting the alien as provided by 
        subsection (b) of this section.
  (b) Costs Payable by Private Parties.--(1) Except as provided by 
paragraph (2) of this subsection, when an alien in the United States is 
ordered deported, the owner, agent, master, commanding officer, 
charterer, or consignee of the vessel, aircraft, or vehicle on which 
the alien arrived in the United States shall pay the costs of deporting 
the alien from the port of deportation if--
          (A) the alien is being deported on a ground that existed 
        before or at the time of entry and deportation proceedings are 
        begun not later than 5 years after entry; or
          (B) the alien is a crewmember and deportation proceedings are 
        begun not later than 5 years after the last conditional permit 
        is granted to the alien to land temporarily under section 2703 
        of this title.
  (2) Paragraph (1) of this subsection does not apply if--
          (A) the Attorney General decides it is not practicable to 
        require payment; or
          (B) the alien had an immigrant visa on arrival in the United 
        States and was inspected and admitted for permanent residence.
  (c) Costs Payable by Government.--When an alien in the United States 
is ordered deported, the Attorney General shall pay from the 
appropriation ``Immigration and Naturalization Service--Salaries and 
Expenses'' the costs of--
          (1) transporting the alien to the port of deportation in the 
        United States; and
          (2) deporting the alien if--
                  (A) deportation proceedings are begun more than 5 
                years after the alien's entry, or, if the alien is a 
                crewmember, more than 5 years after the last 
                conditional permit is granted to the alien to land 
                temporarily; or
                  (B) the owner of the vessel, aircraft, or vehicle is 
                not required to pay the costs because of subsection 
                (b)(2) of this section.
  (d) Aliens Requiring Personal Care During Deportation.--If the 
Attorney General believes that an alien being deported requires 
personal care because of the alien's mental or physical condition, the 
Attorney General shall employ a suitable individual to accompany and 
care for the alien until the alien arrives at the final destination. 
The person required under this section to pay the costs of deporting 
the alien shall pay the costs of this service.
  (e) Costs Payable by Employers of Certain Nonimmigrants.--(1) If the 
employer of an alien classified as a nonimmigrant under section 
2313(a)(1) or (2) or 2315(a)(1) of this title dismisses the alien from 
employment before the end of the period of authorized admission, the 
employer is liable for the reasonable costs of return transportation of 
the alien.
  (2) If the employment of an alien who entered the United States as a 
nonimmigrant under section 2318 or 2319 of this title ends for reasons 
other than voluntary resignation, the employer whose offer of 
employment provided the basis of the nonimmigrant status of the alien 
and the petitioner are jointly and severally liable for the reasonable 
costs of return transportation of the alien. The petitioner shall 
provide satisfactory assurance to the Attorney General that the 
reasonable costs of that transportation will be provided.

                 CHAPTER 67--TEMPORARY PROTECTED STATUS

Sec.
6701.  General
6702.  Granting the status.
6703.  Designation of foreign countries.
6704.  Information and notices about status.
6705.  Temporary documentation and work authorization.
6706.  Registration fees.
6707.  Withdrawal of status.
6708.  Relationship to deportation.
6709.  Relationship to immigration status.
6710.  Immigration status and continuous physical presence not affected 
          by temporary travel outside the United States.
6711.  Exclusive remedy.
6712.  Limitation on Senate consideration of legislation adjusting 
          status.
6713.  Annual reports.

Sec. 6701. General

  The Attorney General may grant an alien temporary protected status in 
the United States as provided by this chapter. During the period that 
the status is in effect for the alien--
          (1) the Attorney General may not detain the alien on the 
        basis of the alien's immigration status in the United States;
          (2) the Attorney General may not deport the alien;
          (3) the Attorney General shall authorize the alien to work in 
        the United States;
          (4) the alien is not residing permanently in the United 
        States under color of law;
          (5) a State or political subdivision of a State that provides 
        public assistance may find the alien ineligible for the 
        assistance;
          (6) the alien may travel outside the United States with the 
        prior consent of the Attorney General; and
          (7) the alien is deemed to be maintaining lawful status as a 
        nonimmigrant for purposes of sections 9101(e)(3) and 9108 of 
        this title.

Sec. 6702. Granting the status

  (a) General Requirements for Granting.--The Attorney General may 
grant temporary protected status in the United States to an alien who--
          (1) is a national of, or has no nationality but last 
        habitually resided in, a foreign country designated, or 
        designated in part, under section 6703 of this title;
          (2) has been physically present in the United States 
        continuously since the effective date of the most recent 
        designation of that country or part of that country under 
        section 6703 of this title;
          (3) has resided in the United States continuously since a 
        date the Attorney General may specify;
          (4) is admissible as an immigrant, except that for purposes 
        of this clause--
                  (A) sections 4104(c)(2), (d)(3), and (g)(1) and (2), 
                4311(a), and 6313 of this title do not apply;
                  (B) the Attorney General may waive subchapter I of 
                chapter 63 of this title (except as provided by 
                subclause (C) of this clause) for an individual alien 
                for humanitarian purposes, to ensure family unity, or 
                when it is otherwise in the public interest; and
                  (C) the Attorney General may not waive section 
                6307(a)(1)-(4), 6308(a)-(c), or 6309 of this title, 
                except as section 6307(a)(3) is related to a single 
                offense of simple possession of not more than 30 grams 
                of marijuana; and
          (5) registers for the temporary protected status during a 
        registration period of at least 180 days, to the extent and in 
        the way the Attorney General establishes.
  (b) Prohibitions on Granting.--Notwithstanding subsection (a) of this 
section, the Attorney General may not grant temporary protected status 
to an alien if the Attorney General finds that the alien--
          (1) has been convicted of a felony or more than one 
        misdemeanor committed in the United States; or
          (2) is described by section 6537(e)(2) of this title.
  (c) Brief, Casual, and Innocent Absences.--(1) An alien does not fail 
to maintain continuous physical presence in the United States under 
subsection (a)(2) of this section because of a brief, casual, and 
innocent absence from the United States, whether or not authorized by 
the Attorney General.
  (2) An alien does not fail to maintain continuous residence in the 
United States under subsection (a)(3) of this section because of a 
brief, casual, and innocent absence from the United States, whether or 
not authorized by the Attorney General, or because of a brief temporary 
trip outside the United States required by emergency or extenuating 
circumstances beyond the control of the alien.
  (d) Status Pending Registration or Final Decision.--(1) If an alien 
can establish a prima facie case of eligibility for temporary protected 
status under this chapter except that the period of registration under 
subsection (a)(5) of this section has not begun, the Attorney General 
shall provide the alien with the benefits of the status until the alien 
has had a reasonable opportunity to register during the first 30 days 
of the registration period.
  (2) If an alien establishes a prima facie case of eligibility for 
temporary protected status under this chapter, the Attorney General 
shall provide the alien with the benefits of the status until a final 
decision is made on the alien's eligibility.
  (e) Confidentiality.--The Attorney General shall establish procedures 
to protect the confidentiality of information provided by an alien 
under this chapter.
  (f) No Authorization To Apply for Admission or To Be Admitted.--This 
chapter does not authorize an alien to apply for admission, or to be 
admitted, to the United States to apply for temporary protected status 
under this chapter.

Sec. 6703. Designation of foreign countries

  (a) General.--After consultation with appropriate agencies, the 
Attorney General may designate a foreign country or part of a foreign 
country under this section if the Attorney General finds that--
          (1) there is an armed conflict in the country that would pose 
        a serious threat to the personal safety of nationals of that 
        country if they were required to return to that country or part 
        of that country;
          (2)(A) there has been an earthquake, flood, drought, 
        epidemic, or other environmental disaster in the country 
        resulting in a substantial, but temporary, disruption of living 
        conditions in the area affected by the disaster;
          (B) the country temporarily is unable to handle returning 
        nationals adequately; and
          (C) the government of the country officially has requested 
        designation under this clause (2); or
          (3) extraordinary and temporary conditions exist in the 
        country that prevent nationals from returning to that country 
        in safety, unless the Attorney General finds that permitting 
        the aliens to remain temporarily in the United States is 
        contrary to the interest of the United States.
  (b) Publication of Designations.--A designation under subsection (a) 
of this section is effective only if notice of the designation 
(including a statement of the findings under subsection (a) and the 
effective date of the designation) is published in the Federal 
Register. The Attorney General shall include in the notice an estimate 
of the number of nationals of the designated country who are, or within 
the effective period of the designation are likely to become, eligible 
for temporary protected status under this chapter and their immigration 
status in the United States.
  (c) Effective Period of Designations.--A designation under this 
section--
          (1) takes effect on the date the notice is published under 
        subsection (b) of this section or a later date the Attorney 
        General specifies in the notice; and
          (2) remains in effect until terminated under subsection (d) 
        of this section.
  (d) Periodic Reviews, Extensions, and Terminations.--(1) The first 
period of designation of a foreign country or part of a foreign country 
is the period specified by the Attorney General. The period shall be at 
least 6 months but not more than 18 months.
  (2) At least 60 days before the end of the first period of 
designation and each extended period of designation, the Attorney 
General, after consultation with appropriate agencies, shall review the 
conditions in the designated country or part of the country and decide 
whether the conditions for the designation continue to be met.
  (3)(A) If the Attorney General does not decide that the designated 
country or part of the country no longer meets the conditions for 
designation, the designation is extended for 6 months or, in the 
discretion of the Attorney General, for 12 or 18 months.
  (B) If the Attorney General decides that the designated country or 
part of the country no longer meets the conditions for designation, the 
Attorney General shall terminate the designation. A termination is 
effective 60 days after notice of the termination is published in the 
Federal Register or when the most recent extension expires, whichever 
is later.
  (4) The Attorney General shall publish in the Federal Register, on a 
timely basis, notice of each decision under this subsection, including 
the basis for the decision, and the period of any extension.
  (e) Information on Protected Status at Time of Designation.--When the 
Attorney General designates a foreign country or part of a foreign 
country under subsection (a) of this section, the Attorney General 
shall make available to nationals of that country information on the 
temporary protected status available under this chapter.
  (f) Administrative and Judicial Review.--(1) The Attorney General 
shall establish an administrative procedure to review a denial of 
benefits to an alien under this section. The procedure may not prevent 
an alien from asserting protection under this chapter in a deportation 
proceeding if the alien demonstrates that the alien is a national of a 
foreign country designated, or designated in part, under this section.
  (2) A designation, extension, or termination under this section is 
not subject to judicial review.

Sec. 6704. Information and notices about status

  (a) Information About Status.--On granting temporary protected status 
to an alien under this chapter, the Attorney General shall provide the 
alien with information about the status.
  (b) Notices of Availability at Deportation Proceedings.--The Attorney 
General promptly shall notify an alien of the temporary protected 
status that may be available under this chapter--
          (1) if, when a deportation proceeding is begun against the 
        alien, the foreign country of which the alien is a national has 
        been designated, or designated in part, under section 6703 of 
        this title; or
          (2) if, during a deportation proceeding pending against the 
        alien, the country of which the alien is a national is 
        designated, or designated in part, under section 6703 of this 
        title.
  (c) Form and Language.--Information and notices under this section 
shall be in a form and language the alien can understand.

Sec. 6705. Temporary documentation and work authorization

  (a) General.--On granting temporary protected status to an alien 
under this chapter, the Attorney General shall provide for the issuance 
of temporary documentation and work authorization necessary to carry 
out this chapter. The work authorization shall be an ``employment 
authorized'' endorsement or other appropriate work permit.
  (b) Period of Validity.--Subject to subsection (c) of this section, 
the documentation and authorization are valid for the first period of 
designation of the foreign country or part of the foreign country 
involved and any extension of that period. The Attorney General may 
stagger the periods of validity of the documentation and authorization 
to provide for an orderly renewal of the documentation and 
authorization and for an orderly transition under subsection (c) when a 
designation is terminated.
  (c) Effective Date of Terminations.--A termination of a designation 
under section 6703(d)(3)(B) of this title applies only to documentation 
and authorization issued or renewed after--
          (1) the effective date of the termination; or
          (2) a later date the Attorney General decides is appropriate 
        to provide for an orderly transition.

Sec. 6706. Registration fees

  (a) Allowable Fees.--The Attorney General may require payment of a 
reasonable fee of not more than $50 as a condition for registering an 
alien under section 6702(a)(5) of this title, including providing a 
work authorization. If the alien is registered because of a designation 
made after July 17, 1991, the Attorney General may require payment of 
an additional fee for providing the work authorization.
  (b) Crediting Appropriation.--All fees collected under this section 
shall be credited to the appropriation to be used to carry out this 
chapter.

Sec. 6707. Withdrawal of status

  The Attorney General shall withdraw temporary protected status 
granted to an alien under this chapter if--
          (1) the Attorney General finds that the alien was not 
        eligible for the status;
          (2) except as provided by sections 6701(6) and 6702(c) of 
        this title, the alien has not remained continuously physically 
        present in the United States from the date the alien first was 
        granted the status; or
          (3) the alien, without good cause, does not register with the 
        Attorney General annually, at the end of each 12-month period 
        after the status is granted, in the form and way the Attorney 
        General prescribes.

Sec. 6708. Relationship to deportation

  Under section 6538(a) of this title, the period during which 
temporary protected status is in effect for an alien--
          (1) is not counted as a period of physical presence in the 
        United States unless the Attorney General decides that extreme 
        hardship exists; and
          (2) does not cause a break in the continuity of residence 
        before and after the period during which the alien has that 
        status.

Sec. 6709. Relationship to immigration status

  (a) General.--This chapter does not authorize the Attorney General to 
deny temporary protected status to an alien based on the alien's 
immigration status or to require an alien, as a condition of being 
granted temporary protected status, to relinquish another status the 
alien may have or to waive any right under this title (except 
subchapter I of chapter 5, subchapters III and IV of chapter 131, and 
chapters 133-137).
  (b) Temporary Protected Status Not Inconsistent With Nonimmigrant 
Status.--Granting temporary protected status under this chapter is not 
inconsistent with granting nonimmigrant status under this title.

Sec. 6710. Immigration status and continuous physical presence not affected 
by temporary travel outside the United States

  An alien granted temporary protected status under this chapter whom 
the Attorney General authorizes to travel outside the United States 
temporarily and who returns to the United States according to the 
authorization--
          (1) shall be inspected and admitted in the same immigration 
        status the alien had at the time of departure if the alien is 
        found not to be excludable on a ground referred to in section 
        6702(a)(4)(C) of this title; and
          (2) has not failed to maintain continuous physical presence 
        in the United States under section 6538(a) of this title 
        because of the departure if the absence meets the requirements 
        of section 6538(b) of this title.

Sec. 6711. Exclusive remedy

  Except as otherwise specifically provided, this chapter is the 
exclusive authority of the Attorney General under law to allow an alien 
who is or may become otherwise deportable or who has been paroled into 
the United States to remain in the United States temporarily because of 
the alien's nationality or region of foreign country of nationality.

Sec. 6712. Limitation on Senate consideration of legislation adjusting 
status

  (a) General.--Except as provided by subsection (b) of this section, 
it is not in order in the Senate to consider a bill, resolution, or 
amendment that--
          (1) provides for the adjustment to lawful temporary or 
        permanent resident alien status for an alien receiving 
        temporary protected status under this chapter; or
          (2) has the effect of amending or limiting the application of 
        this section.
  (b) Supermajority Requirement.--An affirmative vote of three-fifths 
of the members of the Senate chosen and sworn is required--
          (1) to waive or suspend subsection (a) of this section; or
          (2) to sustain an appeal of the ruling of the Chair on a 
        point of order raised under subsection (a) of this section.
  (c) Senate Rulemaking Power.--This section--
          (1) is enacted as an exercise of the rulemaking power of the 
        Senate;
          (2) is deemed to be a part of the rules of the Senate on 
        matters described by subsection (a) of this section;
          (3) supersedes other rules of the Senate only to the extent 
        inconsistent with this section; and
          (4) is enacted with complete recognition of the 
        constitutional right of the Senate to change those rules at any 
        time in the same way as any other rule of the Senate.

Sec. 6713. Annual reports

  (a) Attorney General.--Not later than March 1 of each year, the 
Attorney General, after consultation with appropriate agencies, shall 
submit to the Committees on the Judiciary of the House of 
Representatives and the Senate a report on the operation of this 
chapter during the prior year. The report shall include--
          (1) a listing of foreign countries and parts of foreign 
        countries designated under section 6703 of this title;
          (2) the number of nationals of each country granted temporary 
        protected status under this chapter and their immigration 
        status before being granted temporary protected status; and
          (3) an explanation of why each foreign country or part of a 
        foreign country was designated under section 6703 of this title 
        and why a designation was extended or terminated.
  (b) Committee Reports.--Not later than 180 days after receiving a 
report under subsection (a) of this section, the Committees on the 
Judiciary of the House of Representatives and the Senate shall report 
to the House and Senate, respectively, on oversight findings and 
legislation the applicable Committee finds appropriate.

       CHAPTER 69--REGULATION OF PERSONS PROVIDING TRANSPORTATION

Sec.
6901.  Ports of entry for aircraft and civil air navigation regulation.
6902.  Lists of passengers.
6903.  Payment contingent on landing prohibited.
6904.  Duty to prevent unauthorized landing.
6905.  Carriers transporting aliens from foreign contiguous territory or 
          adjacent islands.
6906.  Prohibitions on bringing certain aliens to the United States.
6907.  Requirements to detain, deliver, receive, and deport aliens.
6908.  Costs of detention.
6909.  Fees for inspecting passengers.

Sec. 6901. Ports of entry for aircraft and civil air navigation regulation

  The Attorney General by regulation may--
          (1) designate as ports of entry for aliens arriving by 
        aircraft in the United States any of the ports of entry 
        designated for civil aircraft under section 1109(b) of the 
        Federal Aviation Act of 1958 (49 App. U.S.C. 1509(b));
          (2) require aircraft in civil air navigation to give notice 
        of landing or intention to land as necessary to carry out this 
        title; and
          (3) apply this title to civil air navigation to the extent 
        the Attorney General considers necessary.

Sec. 6902. Lists of passengers

  (a) Arriving Passengers.--An owner, agent, master, commanding 
officer, or consignee of a vessel or aircraft arriving in the United 
States from a place outside the United States shall give an immigration 
officer at the port of arrival a list of the passengers on the vessel 
or aircraft. The list shall be prepared at the time, be in the form, 
and contain the information the Attorney General prescribes by 
regulation as necessary to identify the passengers and enforce the 
immigration laws.
  (b) Departing Passengers.--(1) A master, commanding officer, or agent 
of a vessel or aircraft taking on passengers in the United States who 
are destined to a place outside the United States shall give an 
immigration officer at the port a list of those passengers before 
departing. The list shall be in the form, contain the information, and 
be accompanied by other documentation the Attorney General prescribes 
by regulation as necessary to identify the passengers and enforce the 
immigration laws. The master, commanding officer, or agent shall state 
under oath that the list and accompanying documentation contain all of 
the required information.
  (2) The vessel or aircraft may be cleared only after the master, 
commanding officer, or agent complies with paragraph (1) of this 
subsection. However, if the Attorney General decides that the vessel or 
aircraft is making regular trips to ports of the United States, the 
Attorney General, when it is expedient, may allow the master, 
commanding officer, or agent to give the list and documentation at a 
later date.
  (c) Exceptions.--Subsections (a) and (b) of this section do not 
require that a list include--
          (1) an alien crewmember; or
          (2) except as required by regulations prescribed under 
        section 6901 of this title, a passenger--
                  (A) arriving by air on a trip originating in foreign 
                territory contiguous to the United States; or
                  (B) leaving by air on a trip originating in the 
                United States for foreign territory contiguous to the 
                United States.
  (d) Waiver.--The Attorney General may prescribe conditions under 
which the requirements of this section may be waived.

Sec. 6903. Payment contingent on landing prohibited

  An owner, agent, master, commanding officer, person in charge, 
purser, or consignee of a vessel or aircraft may not take any 
consideration to be kept or returned contingent on whether an alien is 
landed in or excluded from the United States.

Sec. 6904. Duty to prevent unauthorized landing

  (a) Duty To Prevent Unauthorized Landing.--(1) A person bringing an 
alien to, or providing a means for an alien to travel to, the United 
States (including an alien crewmember not covered by section 2704(a) of 
this title) shall prevent the alien from landing in the United States 
at--
          (A) a port of entry not designated by the Attorney General; 
        or
          (B) a time or place not designated by an immigration officer.
  (2) Proof that an alien did not appear at the time and place 
designated by the immigration officer is prima facie evidence that the 
alien landed in the United States at a time or place not designated by 
the immigration officer.
  (3) This subsection does not apply to a carrier that has made a 
contract as provided by section 6905(b) of this title.
  (b) Diligence Defense.--(1) An owner or operator of a rail carrier, 
international bridge, or toll road that satisfies the Attorney General 
that the owner or operator has acted diligently and reasonably to 
comply with subsection (a)(1) of this section is not liable for a 
penalty under section 10122 of this title for not complying with 
subsection (a)(1).
  (2) On request of an owner or operator referred to in paragraph (1) 
of this subsection, the Attorney General shall inspect a facility 
established, or method used, by the owner or operator at a place of 
entry into the United States to comply with subsection (a)(1) of this 
section. The Attorney General shall approve, for as long as the 
Attorney General prescribes, a facility or method the Attorney General 
decides is satisfactory to achieve compliance.
  (3) Proof that an owner or operator referred to in paragraph (1) of 
this subsection diligently has maintained a facility, or used a method, 
approved by the Attorney General under paragraph (2) of this subsection 
is prima facie evidence that the owner or operator acted diligently and 
reasonably to comply with subsection (a)(1) of this section.

Sec. 6905. Carriers transporting aliens from foreign contiguous territory 
or adjacent islands

  (a) Definition.--In this section, ``carrier'' includes the owner, 
agent, charterer, or consignee operating a vessel or aircraft bringing 
an alien to the United States, to a foreign territory contiguous to the 
United States, or to an adjacent island.
  (b) Carrier Contracts.--(1) The Attorney General may make a contract 
with a carrier for--
          (A) the entry and inspection of aliens coming to the United 
        States from a foreign territory contiguous to the United States 
        or from an adjacent island; and
          (B) a guarantee of passage through the United States in 
        immediate and continuous travel of aliens destined for a 
        foreign country.
  (2) A carrier may allow an alien from a foreign territory contiguous 
to the United States or from an adjacent island to land in the United 
States only if the carrier has made a contract required by the Attorney 
General under paragraph (1)(A) of this subsection.
  (c) Landing Stations.--A carrier transporting an alien passenger for 
compensation from a foreign territory contiguous to the United States 
or from an adjacent island to the United States--
          (1) shall provide and maintain at its expense a suitable 
        landing station conveniently located at the place of entry in 
        the United States; and
          (2) may land any such alien passenger in the United States 
        only if the Attorney General approves the landing station and 
        the maintenance of the station.

Sec. 6906. Prohibitions on bringing certain aliens to the United States

  (a) Aliens Not Having Passports and Visas.--A person may not bring to 
the United States (except from a foreign territory contiguous to the 
United States) an alien who does not have a passport and a visa, if a 
visa is required by this title or regulations prescribed under this 
title.
  (b) Aliens Excludable Because of Health.--(1) An owner, agent, 
master, commanding officer, charterer, or consignee of a vessel or 
aircraft may not bring to the United States an alien who is excludable 
under section 6302 of this title.
  (2) Paragraph (1) of this subsection does not apply if--
          (A) the alien is a crewmember;
          (B) the alien is allowed to land in the United States;
          (C) the alien has an immigrant visa;
          (D) the alien has a nonimmigrant visa or other documentation 
        authorizing the alien to apply for temporary admission to the 
        United States and applies for admission not later than 120 days 
        after the date the visa or documentation was granted;
          (E) the alien has a reentry permit and applies for admission 
        not later than 120 days after the date of the alien's last 
        inspection and admission;
          (F)(i) the alien has a nonimmigrant visa or other 
        documentation authorizing the alien to apply for temporary 
        admission to the United States or a reentry permit;
          (ii) the alien applies for admission more than 120 days after 
        the date the visa or documentation was granted or after the 
        date of the last inspection and admission under the reentry 
        permit; and
          (iii) the owner, agent, master, commanding officer, 
        charterer, or consignee of the vessel or aircraft satisfies the 
        Attorney General that the existence of the excluding condition 
        could not have been discovered by exercising reasonable care 
        before the alien boarded the vessel or aircraft; or
          (G) the alien is entitled by law to exemption from the 
        grounds of exclusion in subchapter I of chapter 63 of this 
        title.
  (c) Aliens Excluded or Deported.--(1) An owner, agent, master, 
commanding officer, person in charge, purser, or consignee of a vessel 
or aircraft may not knowingly bring to the United States an alien who 
has been--
          (A) excluded from admission; or
          (B) arrested and deported under law.
  (2) Paragraph (1) of this subsection does not apply if the alien is a 
crewmember or is entitled to reapply for admission to the United 
States.

Sec. 6907. Requirements to detain, deliver, receive, and deport aliens

  (a) General Requirements.--An owner, agent, master, commanding 
officer, person in charge, purser, or consignee of a vessel or aircraft 
bringing an alien (except an alien crewmember) to the United States 
shall--
          (1) detain the alien on the vessel or at the airport of 
        arrival as required by this title or as ordered by an 
        immigration officer;
          (2) deliver the alien to an immigration officer for 
        inspection or to a medical officer for examination when ordered 
        by an immigration officer;
          (3) receive the alien back on the vessel or aircraft or 
        another vessel or aircraft owned or operated by the same 
        interests if the alien is ordered deported under section 6335 
        of this title; and
          (4) take the alien to the foreign country to which the alien 
        is ordered deported.
  (b) Alien Stowaways.--An owner, agent, master, commanding officer, 
charterer, or consignee of a vessel or aircraft arriving in the United 
States with an alien stowaway shall--
          (1) not permit the stowaway to land in the United States, 
        except--
                  (A) temporarily for medical treatment; or
                  (B) under regulations prescribed by the Attorney 
                General for the departure, removal, or deportation of 
                alien stowaways from the United States;
          (2) detain the stowaway on the vessel or aircraft or at 
        another place designated by an immigration officer until the 
        stowaway is inspected by an immigration officer and, if ordered 
        by an immigration officer, after the inspection; and
          (3) if ordered by an immigration officer, deport the stowaway 
        on the vessel or aircraft or on another vessel or aircraft.

Sec. 6908. Costs of detention

  (a) General.--Except as provided by subsection (b) of this section 
and section 6335(d)(2) of this title, an owner of a vessel or aircraft 
bringing an alien to the United States shall pay the costs of detaining 
and maintaining the alien while the alien is detained under section 
6907(a)(1) of this title.
  (b) Nonapplication.--Subsection (a) of this section does not apply 
if--
          (1) the alien is a crewmember;
          (2) the alien has an immigrant visa;
          (3) the alien has a nonimmigrant visa or other documentation 
        authorizing the alien to apply for temporary admission to the 
        United States and applies for admission not later than 120 days 
        after the date the visa or documentation was granted;
          (4) the alien has a reentry permit and applies for admission 
        not later than 120 days after the date of the alien's last 
        inspection and admission;
          (5)(A) the alien has an nonimmigrant visa or other 
        documentation authorizing the alien to apply for temporary 
        admission to the United States or a reentry permit;
          (B) the alien applies for admission more than 120 days after 
        the date the visa or documentation was granted or after the 
        date of the last inspection and admission under the reentry 
        permit; and
          (C) the owner of the vessel or aircraft satisfies the 
        Attorney General that the existence of the excluding condition 
        could not have been discovered by exercising reasonable care 
        before the alien boarded the vessel or aircraft; or
          (6) the individual claims to be a national of the United 
        States and has a United States passport.

Sec. 6909. Fees for inspecting passengers

  (a) Fees.--In addition to any other fee authorized by law, the 
Attorney General shall charge and collect $6 for the immigration 
inspection of each passenger arriving at a port of entry in the United 
States, or for the preinspection of each passenger in a place outside 
the United States before arrival, on a commercial vessel or aircraft. 
However, that fee may not be charged and collected for--
          (1) a passenger on a commercial vessel if the passenger's 
        journey originated in Canada, Mexico, a territory or possession 
        of the United States, or an adjacent island; or
          (2) a passenger traveling to a destination outside the United 
        States and for whom immigration inspection services are not 
        provided.
  (b) Collection.--(1) A person issuing a document or ticket to an 
individual for transportation on a commercial vessel or aircraft to the 
United States shall--
          (A) collect from the individual the fee charged under 
        subsection (a) of this section when the document or ticket is 
        issued; and
          (B) identify on that document or ticket the fee charged under 
        subsection (a) of this section as a United States Government 
        inspection fee.
  (2) If a document or ticket for transportation of a passenger to the 
<gr-thn-eq>United States is issued in a foreign country and the fee 
charged under subsection (a) of this section is not collected when the 
document or ticket is issued, the person providing the transportation 
shall collect the fee when the passenger departs from the United States 
and give the passenger a receipt for payment of the fee.
  (3) The person collecting a fee under this section shall pay the fee 
to the Attorney General before the 31st day after the end of the 
calendar quarter in which the fee is collected, except that--
          (A) the 4th quarter payment for fees collected from 
        passengers on commercial aircraft shall be paid on the 10th day 
        before the end of the fiscal year; and
          (B) the first quarter payment shall include any collections 
        made in the prior quarter that were not paid with the prior 
        payment.
  (4) Fees collected under this section shall be deposited in the 
Treasury in the Immigration User Fee Account established under section 
317 of this title.
  (c) Regulations.--Regulations prescribed by the Attorney General for 
the collection of fees and payment of those fees under this section 
shall be consistent with regulations prescribed by the Secretary of the 
Treasury for the collection and remittance of taxes imposed by 
subchapter C of chapter 33 of the Internal Revenue Code of 1986 (26 
U.S.C. ch. 33, subch. C), but only to the extent the latter regulations 
are not inconsistent with this section.

PART E--ADDITIONAL REQUIREMENTS AND LIMITATIONS

              CHAPTER 81--REGISTRATION AND FINGERPRINTING

Sec.
8101.  Registration and fingerprinting requirements.
8102.  Forms and oath.
8103.  Certificates of alien registration and alien registration receipt 
          cards.
8104.  Address notification.
8105.  Confidentiality of records.
8106.  Cancellation of registration.

Sec. 8101. Registration and fingerprinting requirements

  (a) General Requirements.--Except as provided by subsection (c) of 
this section--
          (1) an alien applying for a visa shall be registered as 
        provided by this chapter and shall provide signed copies of a 
        photograph of the alien to be used as prescribed by regulation;
          (2) an alien at least 14 years of age who remains in the 
        United States for at least 30 days and has not been registered 
        and fingerprinted under clause (1) of this subsection or 
        section 30 or 31 of the Alien Registration Act, 1940, shall 
        apply for registration and fingerprinting within those 30 days;
          (3) if an alien less than 14 years of age remains in the 
        United States for at least 30 days and has not been registered 
        under clause (1) of this subsection, the parent or legal 
        guardian of the alien shall apply for registration of the alien 
        within those 30 days; and
          (4) an alien who becomes 14 years of age in the United States 
        shall apply for registration and fingerprinting within 30 days 
        after becoming 14 years of age.
  (b) Special Requirements for Certain Aliens.--The Attorney General 
may prescribe special regulations and forms for registering and 
fingerprinting--
          (1) alien crewmembers;
          (2) holders of border crossing identification cards;
          (3) aliens confined in institutions in the United States;
          (4) aliens under order of deportation; and
          (5) aliens not lawfully admitted for permanent residence.
  (c) Waivers and Nonapplication.--(1) On a reciprocal basis, the 
Attorney General may waive the fingerprinting requirement of subsection 
(a) of this section for a nonimmigrant.
  (2) The Secretary of State may waive subsection (a)(1) of this 
section for a nonimmigrant described by section 2301 or 2302 of this 
title or an alien granted a diplomatic visa on a diplomatic passport or 
on equivalent documentation.
  (3) Subsections (a)(2)-(4) and (b) of this section do not apply to a 
nonimmigrant described by section 2301 or 2302 of this title.

Sec. 8102. Forms and oath

  (a) Forms.--The Attorney General and Secretary of State jointly shall 
prepare forms for registering aliens under section 8101(a)(1) of this 
title. The Attorney General shall prepare forms for registering and 
fingerprinting aliens under section 8101(a)(2)-(4) of this title. The 
forms shall request information on--
          (1) the date and place of entry of the alien into the United 
        States;
          (2) activities and intended activities of the alien;
          (3) the period of time the alien expects to remain in the 
        United States;
          (4) any police and criminal records of the alien; and
          (5) additional information as prescribed.
  (b) Oath.--Information required for registration under this chapter 
shall be given under oath. An individual authorized by regulations 
prescribed by the Attorney General to register aliens under this 
chapter may administer the oath.

Sec. 8103. Certificates of alien registration and alien registration 
receipt cards

  (a) Issuance.--An alien registered and fingerprinted under this 
chapter or the Alien Registration Act, 1940, shall be issued a 
certificate of alien registration or an alien registration receipt card 
in the form and way, and at the time, the Attorney General prescribes 
by regulation.
  (b) Card To Be Carried.--An alien at least 18 years of age shall 
carry at all times the certificate of alien registration or alien 
registration receipt card issued to the alien under this section.

Sec. 8104. Address notification

  (a) Notice of Change of Address.--Each alien in the United States who 
is required to register under this chapter shall--
          (1) notify the Attorney General in writing of each new 
        address of the alien within 10 days after the date of a change 
        of address; and
          (2) provide with the notice additional information the 
        Attorney General may require by regulation.
  (b) Notice of Natives' Current Addresses.--The Attorney General may 
require, on 10 days' notice, the natives of a foreign country or a 
class or group of natives of a foreign country who are in the United 
States and required to register under this chapter to notify the 
Attorney General of their current addresses and to provide the Attorney 
General additional information the Attorney General may require.
  (c) Notice for Aliens Less Than 14 Years of Age.--A parent or legal 
guardian of an alien less than 14 years of age who is required to 
register shall be given the notice required by this section.

Sec. 8105. Confidentiality of records

  A registration or fingerprinting record made under this chapter is 
confidential and may be made available only to--
          (1) law enforcement agencies of the United States Government, 
        States, and localities; and
          (2) persons and agencies the Attorney General designates.

Sec. 8106. Cancellation of registration

  The Secretary of State shall cancel the registration of an alien who 
does not apply for an immigrant visa within one year after being 
notified that a visa is available. However, the Secretary shall 
reinstate the registration if the alien establishes within 2 years 
after notification that the failure to apply was due to circumstances 
beyond the control of the alien.

                       CHAPTER 83--MISCELLANEOUS

Sec.
8301.  Notice of denial of visa, admission, or change of status.
8302.  Restriction on immigration of officers and employees of foreign 
          governments and international organizations.
8303.  Ineligibility of section 2312 nonimmigrants for certain benefits.
8304.  Sanctions for frivolous legal actions.

Sec. 8301. Notice of denial of visa, admission, or change of status

  If a consular officer or an immigration officer denies an alien's 
application for a visa, admission to the United States, or change of 
status because the officer finds the alien to be ineligible under 
section 2121(a), 4104 (c)(2), (d)(3), or (g)(1) or (2), 4311(a), or 
9106 of this title or excludable under subchapter I of chapter 63 of 
this title, the officer shall provide the alien with a timely written 
notice of the denial. The notice shall state the decision and list the 
specific provisions of law on which the denial is based.

Sec. 8302. Restriction on immigration of officers and employees of foreign 
governments and international organizations

  An officer or employee of a government of a foreign country or an 
international organization, and an attendant, servant, employee, or 
member of the immediate family of the officer or employee, may apply 
for and be granted an immigrant visa and be admitted to the United 
States as an immigrant only after executing the same waiver as provided 
by section 9105(c) of this title.

Sec. 8303. Ineligibility of section 2312 nonimmigrants for certain benefits

  (a) Ineligibility.--An alien admitted to the United States as a 
nonimmigrant under section 2312 of this title, or classified as a 
nonimmigrant under section 2312 after admission, is ineligible to apply 
for an immigrant visa, permanent residence, or a nonimmigrant visa 
under section 2313-2317 or 2325 of this title until the alien has 
resided and been physically present in the foreign country of the 
alien's nationality or last residence for a total of at least 2 years 
after leaving the United States, if--
          (1) the alien's participation in the program for which the 
        alien came to the United States was financed in any part by the 
        United States Government or by the government of the foreign 
        country of the alien's nationality or last residence;
          (2) the alien, at the time of admission or classification as 
        a nonimmigrant under section 2312 of this title, was a national 
        or resident of a foreign country that the Director of the 
        United States Information Agency (under regulations the 
        Director prescribed) designated as clearly requiring the 
        services of individuals engaged in the alien's field of 
        specialized knowledge or skill; or
          (3) the alien came to the United States or was classified as 
        a nonimmigrant under section 2312 of this title to receive 
        graduate medical education or training.
  (b) Waivers.--The Attorney General may waive the 2-year residence 
requirement of subsection (a) of this section if the Attorney General 
finds that admitting the alien would be in the public interest, after 
receiving a favorable recommendation from--
          (1) the Director--
                  (A) because of a request from an interested agency; 
                or
                  (B) if the foreign country of the alien's nationality 
                or last residence provides the Director with a written 
                statement that it does not object to the waiver, except 
                that this subclause does not apply to an alien 
                described by subsection (a)(3) of this section; or
          (2) the Commissioner of Immigration and Naturalization if the 
        Commissioner finds that--
                  (A) departure from the United States would impose 
                exceptional hardship on the alien's spouse or child 
                when the spouse or child is a citizen of the United 
                States or lawfully admitted for permanent residence; or
                  (B) the alien would be subject to persecution because 
                of race, religion, or political opinion if the alien 
                returned to the foreign country of the alien's 
                nationality or last residence.

Sec. 8304. Sanctions for frivolous legal actions

  (a) Regulations.--The Attorney General by regulation shall--
          (1) define frivolous behavior for which attorneys may be 
        sanctioned in a proceeding before a special inquiry officer or 
        an appellate administrative body under this subtitle;
          (2) specify the circumstances under which an administrative 
        appeal of a decision or ruling will be considered frivolous and 
        summarily dismissed; and
          (3) impose appropriate sanctions (that may include suspension 
        and disbarment) for frivolous behavior.
  (b) Nonlimitation of Authority.--This section does not limit the 
authority of the Attorney General to take action for inappropriate 
behavior.

PART F--CHANGE OF STATUS AND CLASSIFICATION

            CHAPTER 91--CHANGE OF STATUS AND CLASSIFICATION

Sec.
9101.  Aliens inspected and admitted or paroled into the United States.
9102.  Aliens admitted as foreign government officials and their 
          families.
9103.  Aliens whose deportation is suspended.
9104.  Aliens entering the United States before January 1, 1972.
9105.  Aliens lawfully admitted for permanent residence.
9106.  Additional requirements for aliens changing to certain 
          employment-based immigrant status.
9107.  Rescission of change of status to alien lawfully admitted for 
          permanent residence.
9108.  Change of nonimmigrant classification.

Sec. 9101. Aliens inspected and admitted or paroled into the United States

  (a) Requirements.--Except as provided by subsections (e) and (f) of 
this section, the Attorney General may change the status of an alien 
inspected and admitted or paroled into the United States to that of an 
alien lawfully admitted for permanent residence if--
          (1) the alien applies for the change, is eligible to receive 
        an immigrant visa, and is admissible to the United States for 
        permanent residence; and
          (2) an immigrant visa is immediately available to the alien 
        when the alien applies for the change.
  (b) Recordation of Change.--On approving an application for a change 
of status under subsection (a) of this section, the Attorney General 
shall record the lawful admission of the alien for permanent residence 
as of the date the Attorney General changes the alien's status.
  (c) Reduction in Number of Authorized Immigrant Visas.--For each 
alien lawfully admitted for permanent residence under this section, the 
Secretary of State shall reduce by one the number of immigrant visas 
that may be granted under sections 4103-4106 and 4111 of this title 
within the class to which the alien is chargeable for the current 
fiscal year.
  (d) Application to Certain Special Immigrants.--(1) In applying this 
section to a special immigrant as defined by section 137(a)(12) of this 
title--
          (A) the alien is deemed to have been paroled into the United 
        States;
          (B) when the Attorney General is deciding on the alien's 
        admissibility as an immigrant--
                  (i) sections 4104 (c)(2), (d)(3), and (g)(2), 
                4311(a), 6304(a), 6313 (a)(2) and (c), and 9106 of this 
                title do not apply;
                  (ii) the Attorney General may waive section 
                4104(g)(1) and subchapter I of chapter 63 of this title 
                (except as provided by subclause (iii) of this clause) 
                for an alien for humanitarian purposes, to ensure 
                family unity, or when it is otherwise in the public 
                interest; and
                  (iii) the Attorney General may not waive section 
                6307(a)(1)-(4), 6308(a)-(c), or 6309 of this title, 
                except as section 6307(a)(3) is related to a single 
                offense of simple possession of not more than 30 grams 
                of marijuana;
          (C) the relationship between an alien and the alien's natural 
        parents or prior adoptive parents is not a factor in making a 
        waiver under clause (B)(ii) of this paragraph; and
          (D) this paragraph and section 137(a)(12) of this title do 
        not authorize an alien to apply for admission or be admitted to 
        the United States to obtain the special immigrant status as 
        defined by section 137(a)(12).
  (2) In applying this section to a special immigrant as defined by 
section 137(a)(13) of this title, the alien is deemed to have been 
paroled into the United States.
  (e) Nonapplication.--Subsection (a) of this section does not apply 
to--
          (1) an alien crewmember;
          (2) an alien admitted in immediate and continuous travel 
        without a visa under section 2121(b)(3) of this title;
          (3) an alien (except an immediate relative and a special 
        immigrant as defined by section 137(a)(8)-(13) of this title) 
        who--
                  (A) after January 1, 1977, and before applying for a 
                change of status, engages in or accepts unauthorized 
                employment;
                  (B) has an unlawful immigration status on the date of 
                filing the application for a change of status; or
                  (C) except through no fault of the alien or for 
                technical reasons, has not maintained continuously a 
                lawful status since entering the United States; or
          (4) an alien (except an immediate relative) admitted as a 
        nonimmigrant visitor without a visa under section 2121(c) or 
        2127 of this title.
  (f) Aliens Whose Status May Not Be Changed.--(1) The Attorney General 
may not change, under subsection (a) of this section, the status of--
          (A) an alien lawfully admitted for permanent residence on a 
        conditional basis under subchapter I of chapter 45 of this 
        title;
          (B) a nonimmigrant classified under section 2309(a) of this 
        title, except to that of an alien lawfully admitted for 
        permanent residence on a conditional basis under subchapter I 
        of chapter 45 of this title, because of the marriage of the 
        nonimmigrant (or, if a child, the parent) to the citizen who 
        filed the petition under section 2309(b) of this title; or
          (C) an alien seeking an immigrant visa because of a marriage 
        entered into during the period an administrative or judicial 
        proceeding on the alien's right to enter or remain in the 
        United States is pending.
  (2)(A) Paragraph (1)(C) of this subsection does not apply to a 
marriage if the alien establishes by clear and convincing evidence 
satisfactory to the Attorney General that--
          (i) the marriage was entered into in good faith and under the 
        laws of the place where the marriage took place;
          (ii) the marriage was not entered into to procure the alien's 
        entry as an immigrant; and
          (iii) no consideration was given, except to an attorney for 
        assistance in preparing a petition, for filing a petition under 
        section 2309(b) or 4301 (a) or (b) of this title for an alien 
        spouse or alien son or daughter.
  (B) Under regulations of the Attorney General, the Attorney General 
shall allow only one level of administrative appellate review for each 
alien under this paragraph.

Sec. 9102. Aliens admitted as foreign government officials and their 
families

  (a) Requirements.--An alien admitted to the United States as a 
nonimmigrant classified under section 2301 (1) or (2) or 2302(1)-(3) of 
this title, who does not remain a member of any of those nonimmigrant 
classes, may apply to the Attorney General to change the status of the 
alien to that of an alien lawfully admitted for permanent residence. 
After consulting with the Secretary of State, the Attorney General may 
change the status of the alien if the Attorney General is satisfied 
that--
          (1) the alien has demonstrated compelling reasons why the 
        alien cannot return to the country represented by the 
        government that accredited the alien or a member of the alien's 
        immediate family and that changing the status of the alien is 
        in the interest of the United States;
          (2) the alien is of good moral character;
          (3) the alien is admissible for permanent residence under 
        this title; and
          (4) changing the alien's status under this subsection would 
        not be contrary to the welfare, safety, or security of the 
        United States.
  (b) Recordation of Change and Report to Congress.--If the Attorney 
General changes the status of an alien under subsection (a) of this 
section, the Attorney General--
          (1) may record the lawful admission of the alien for 
        permanent residence as of the date of the change; and
          (2) shall submit to Congress, on the first day of the next 
        month in which Congress is in session--
                  (A) a complete and detailed report of the facts and 
                law in the alien's case; and
                  (B) the Attorney General's reasons for the change.
  (c) Congressional Disapproval of Change.--If before the end of the 
session of Congress after the session in which the report is submitted, 
either House of Congress passes a resolution disapproving the change of 
the alien's status, the Attorney General shall require the alien to 
leave the United States as provided by law.
  (d) Reduction in Number of Immigrant Visas.--(1) For each alien 
lawfully admitted for permanent residence under this section, the 
Secretary of State shall reduce by one the number of immigrant visas 
for the foreign country to which the alien is chargeable under section 
4112 of this title for the current fiscal year or the next fiscal year 
in which a visa is available if--
          (A) neither House of Congress passes a resolution under 
        subsection (c) of this section disapproving the change of the 
        alien's status; and
          (B) the alien was classifiable as an immigrant subject to the 
        numerical limitations of sections 4102-4106 and 4111 of this 
        title when the alien entered the United States.
  (2) The Secretary may not reduce the numerical limitations for the 
foreign country under this section by more than 50 percent in a fiscal 
year.
  (e) Numerical Limitation.--The Attorney General may admit as aliens 
lawfully admitted for permanent residence under this section not more 
than 50 aliens in a fiscal year.

Sec. 9103. Aliens whose deportation is suspended

  The Attorney General shall--
          (1) change the status of an alien whose deportation the 
        Attorney General suspends under section 6538(a) of this title 
        to that of an alien lawfully admitted for permanent residence; 
        and
          (2) record the lawful admission of the alien for permanent 
        residence as of the date the Attorney General suspends the 
        deportation.

Sec. 9104. Aliens entering the United States before January 1, 1972

  (a) Requirements.--On approval of an application of an alien, the 
Attorney General may change the status of the alien to that of an alien 
lawfully admitted for permanent residence if--
          (1) a record of the lawful admission of the alien for 
        permanent residence is not available; and
          (2) the alien satisfies the Attorney General that the alien--
                  (A) entered the United States before January 1, 1972, 
                and has resided in the United States continuously since 
                the alien's entry;
                  (B) is of good moral character;
                  (C) is eligible to be naturalized as a citizen of the 
                United States; and
                  (D) is not excludable under--
                          (i) section 6309 of this title; or
                          (ii) a provision of subchapter I of chapter 
                        63 of this title related to criminals, immoral 
                        individuals, violators of narcotic laws, 
                        smugglers of aliens, or aliens associated with 
                        undemocratic ideals.
  (b) Recordation of Change.--If the Attorney General changes the 
status of an alien under subsection (a) of this section, the Attorney 
General shall record the lawful admission of the alien for permanent 
residence as of the date--
          (1) the alien entered the United States if the alien entered 
        before July 1, 1924; or
          (2) the Attorney General approves the alien's application for 
        a change of status under this section.
  (c) Photographs.--An alien applying for a change of status under this 
section must provide the Attorney General with 3 identical photographs 
of the alien.
  (d) Nonapplication of Numerical Limitations.--The numerical 
limitations of sections 4102 and 4111 of this title do not apply to an 
alien whose status is changed under this section.

Sec. 9105. Aliens lawfully admitted for permanent residence

  (a) Change to Nonimmigrant Status.--Except as provided by subsection 
(c) of this section, the Attorney General shall change the status of an 
alien lawfully admitted for permanent residence to that of a 
nonimmigrant classified under section 2301, 2302, or 2306(b)(1) of this 
title if at the time of entry or after the alien enters the United 
States the alien engages in an occupation that would qualify the alien 
to be classified as a nonimmigrant under section 2301, 2302, or 
2306(b)(1) if the alien were seeking to be admitted to the United 
States.
  (b) Record of Admission for Permanent Residence Canceled.--The 
Attorney General shall cancel the record of the admission of the alien 
for lawful permanent residence as of the date the Attorney General 
changes the alien's status.
  (c) Nonapplication.--This section does not apply to an alien who--
          (1) requests the Attorney General not to change the alien's 
        status under this section; and
          (2) files with the Attorney General a written waiver of the 
        rights, privileges, exemptions, and immunities that the alien 
        otherwise would be entitled to under a law or executive order 
        because the alien is engaging in an occupation that qualifies 
        the alien to be classified as a nonimmigrant under section 
        2301, 2302, or 2306(b)(1) of this title.

Sec. 9106. Additional requirements for aliens changing to certain 
employment-based immigrant status

  Section 4104(g) of this title applies to aliens applying for a change 
of status to that of an immigrant under section 4104 (c) or (d) of this 
title.

Sec. 9107. Rescission of change of status to alien lawfully admitted for 
permanent residence

  (a) General.--(1) If, within 5 years after the Attorney General 
changes the status of an alien under any provision of law (except under 
section 9103 of this title) to that of an alien lawfully admitted for 
permanent residence, the Attorney General is satisfied that the alien 
was not eligible for the change, the Attorney General shall rescind--
          (A) the change of the alien's status; and
          (B) the suspension of the alien's deportation if the Attorney 
        General suspended the deportation.
  (2) When the Attorney General rescinds a change under paragraph (1) 
of this subsection, the alien becomes subject to this title as if the 
Attorney General had not changed the alien's status.
  (b) Alien Whose Deportation Is Suspended.--(1) If, within 5 years 
after the Attorney General changes the status of an alien under section 
9103 of this title to that of an alien lawfully admitted for permanent 
residence, the Attorney General is satisfied that the alien was not 
eligible for the change, the Attorney General shall submit to Congress, 
on the first or 15th day of the next month in which Congress is in 
session, a complete and detailed report of the facts and law in the 
alien's case.
  (2) If, before the end of the session of Congress after the session 
in which the report is submitted, Congress passes a concurrent 
resolution withdrawing the suspension of the alien's deportation, the 
alien becomes subject to this title as if the Attorney General had not 
changed the alien's status.

Sec. 9108. Change of nonimmigrant classification

  (a) Prerequisites.--Except as provided by subsection (b) of this 
section, the Attorney General may change the classification of an alien 
from one nonimmigrant classification to another nonimmigrant 
classification under conditions prescribed by the Attorney General if 
the alien--
          (1) is lawfully admitted to the United States as a 
        nonimmigrant; and
          (2) continues to qualify as a nonimmigrant.
  (b) Nonapplication.--The Attorney General may not change the 
classification of an alien under subsection (a) of this section if the 
alien--
          (1) is admitted to the United States for passage through the 
        United States in immediate and continuous travel to a foreign 
        country;
          (2) is classified as a nonimmigrant described by section 
        2304, 2305, or 2309 of this title;
          (3) is classified as a nonimmigrant described by section 
        2312(a) of this title and came to the United States or acquired 
        the classification to receive graduate medical education or 
        training;
          (4) except an alien referred to in clause (3) of this 
        subsection, is classified as a nonimmigrant described by 
        section 2312(a) of this title and is subject to, and has not 
        received a waiver of, the 2-year foreign residence requirement 
        of section 8303(a) of this title, unless the alien applies to 
        have the alien's classification changed from a classification 
        as a nonimmigrant described by section 2312(a) to a 
        classification as a nonimmigrant described by section 2301 or 
        2302 of this title; or
          (5) is admitted as a nonimmigrant visitor without a visa 
        under section 2121(c) or 2127 of this title.

CHAPTER 93--CHANGE OF STATUS FOR CERTAIN ALIENS WHO ENTERED THE UNITED 
                           STATES BEFORE 1982

Sec.
9301.  Numerical limitations and admissions.
9302.  Change of status to alien lawfully admitted for temporary 
          residence.
9303.  Applications for change of status to alien lawfully admitted for 
          temporary residence.
9304.  Change of status from temporary residence to permanent residence.
9305.  Medical examination.
9306.  Nonapplication and waiver of certain provisions of law.
9307.  Fees.
9308.  Confidentiality of information.
9309.  Temporary stay of deportation.
9310.  Temporary ineligibility to receive certain assistance.
9311.  Unfavorable ending of temporary residence status.
9312.  Administrative and judicial review.
9313.  Administrative.

Sec. 9301. Numerical limitations and admissions

  (a) Numerical Limitations.--The numerical limitations of sections 
4102 and 4111 of this title do not apply to a change of status of an 
alien to that of an alien lawfully admitted for permanent residence 
under this chapter.
  (b) Admissions.--This chapter does not authorize an alien to apply 
for admission to, or be admitted to, the United States so that the 
alien may apply for a change of status under section 9302 of this 
title.

Sec. 9302. Change of status to alien lawfully admitted for temporary 
residence

  (a) Requirements.--The Attorney General shall change the status of an 
alien to that of an alien lawfully admitted for temporary residence if 
the alien meets the following requirements:
          (1) The alien applied for the change as provided by section 
        9303 of this title after May 4, 1987, and before May 5, 1988.
          (2) The alien entered the United States before January 1, 
        1982.
          (3) The alien resided continuously in the United States in an 
        unlawful status from January 1, 1982, through the date the 
        application for the change was filed under this section.
          (4) If the alien--
                  (A) entered the United States as a nonimmigrant 
                before January 1, 1982, the alien's period of 
                authorized stay as a nonimmigrant expired before 
                January 1, 1982, or the United States Government by 
                January 1, 1982, knew of the unlawful status of the 
                alien; or
                  (B) was a nonimmigrant exchange alien described by 
                section 2312(a) of this title, the alien was not 
                subject to the 2-year foreign residence requirement of 
                section 8303(a) of this title, fulfilled the 
                requirement, or received a waiver.
          (5) The alien has been physically present continuously in the 
        United States, except for any brief, casual, and innocent 
        absence, since November 6, 1986.
          (6) The alien is admissible to the United States as an 
        immigrant, except as provided by sections 9305 and 9306 of this 
        title.
          (7) The alien has not been convicted of a felony or of not 
        more than 2 misdemeanors committed in the United States.
          (8) The alien has not assisted in the persecution of a person 
        because of race, religion, nationality, membership in a social 
        group, or political opinion.
          (9) The alien is registered or registering under the Military 
        Selective Service Act (50 App. U.S.C. 451 et seq.) if the Act 
        requires the alien to register.
  (b) Authorized Travel.--During the time an alien is an alien lawfully 
admitted for temporary residence under subsection (a) of this section, 
the Attorney General shall allow the alien to return to the United 
States after--
          (1) any brief and casual trip outside the United States that 
        reflects the alien's intent to have the alien's status changed 
        under section 9304 of this title to that of an alien lawfully 
        admitted for permanent residence; and
          (2) any brief temporary trip outside the United States 
        because of a family obligation involving the illness or death 
        of a close relative or another family need.
  (c) Authorized Employment.--During the time an alien is an alien 
lawfully admitted for temporary residence under subsection (a) of this 
section, the Attorney General shall grant the alien authorization to 
work in the United States and provide to the alien an ``employment 
authorized'' endorsement or other appropriate work permit.
  (d) Cuban or Haitian Entrant.--In applying this section, a Cuban or 
Haitian entrant described by section 13151(1) or (2)(A) of this title 
is deemed to have entered the United States and to be in an unlawful 
status in the United States.

Sec. 9303. Applications for change of status to alien lawfully admitted for 
temporary residence

  (a) Contents.--An application for a change of status under section 
9302(a) of this title shall contain information the Attorney General 
requires, including information on each living relative of the 
applicant with respect to whom the applicant may file a petition at a 
later date under section 4301 (a) or (b) of this title.
  (b) Who May Receive Applications.--The Attorney General shall provide 
that an application for a change of status under section 9302(a) of 
this title may be filed with the Attorney General or with an entity 
designated under subsection (c) of this section if the applicant 
consents to having the application forwarded to the Attorney General.
  (c) Designating Entities to Receive Applications.--To assist in the 
legalization program under this chapter, the Attorney General--
          (1) shall designate qualified voluntary organizations and 
        other qualified State, local, and community organizations; and
          (2) may designate other persons the Attorney General decides 
        are qualified and have substantial experience, demonstrated 
        competence, and traditional long-term involvement in preparing 
        and submitting applications for a change of status under 
        section 5107 or 9101 of this title, the Act of November 2, 1966 
        (Public Law 89-732, 80 Stat. 1161), or the Act of October 28, 
        1977 (Public Law 95-145, 91 Stat. 1223).
  (d) Treatment of Applications by Designated Entities.--An entity 
designated under subsection (c) of this section must agree to forward 
to the Attorney General only those applications filed with it under 
subsection (b) of this section that the applicants consent to being 
forwarded. An entity may not make a decision under this chapter 
required to be made by the Attorney General.

Sec. 9304. Change of status from temporary residence to permanent residence

  (a) Requirements.--The Attorney General shall change the status of an 
alien lawfully admitted for temporary residence under section 9302 of 
this title to that of an alien lawfully admitted for permanent 
residence if the alien--
          (1) applies for the change during the 2-year period beginning 
        with the 19th month that begins after the alien acquired the 
        status of an alien lawfully admitted for temporary residence;
          (2) has resided continuously in the United States since the 
        alien acquired the status of an alien lawfully admitted for 
        temporary residence;
          (3) is admissible as an immigrant, except as provided by 
        sections 9305 and 9306 of this title;
          (4) has not been convicted of a felony or of not more than 2 
        misdemeanors committed in the United States; and
          (5)(A) meets the requirements of section 20301(a) (7) and (8) 
        of this title; or
          (B) is pursuing satisfactorily a course of study, recognized 
        by the Attorney General, to meet the requirements of section 
        20301(a) (7) and (8) of this title.
  (b) Exceptions.--(1) An alien does not violate the continuous 
residence requirement of subsection (a)(2) of this section because of 
an absence from the United States allowed under section 9302(b) of this 
title.
  (2) The Attorney General may waive any part of the requirements of 
subsection (a)(5) of this section for an alien who is at least 65 years 
of age or developmentally disabled.
  (c) Relation to Naturalization Examination.--An alien demonstrating 
under subsection (a)(5)(A) of this section that the alien meets the 
requirements of section 20301(a) (7) and (8) of this title may be 
deemed to have satisfied those requirements for becoming naturalized as 
a citizen of the United States under subtitle V of this title.

Sec. 9305. Medical examination

  An alien must undergo, at the alien's expense, an appropriate medical 
examination (including establishing the alien's immunization status) 
that complies with generally accepted professional standards of medical 
practice before a decision on the alien's admissibility under sections 
9302(a)(6), 9304(a)(3), and 9311(2) of this title may be made.

Sec. 9306. Nonapplication and waiver of certain provisions of law

  (a) Grounds of Exclusion That Do Not Apply or That May Be Waived.--
When the Attorney General is deciding on an alien's admissibility under 
sections 9302(a)(6), 9304(a)(3), and 9311(2) of this title--
          (1) sections 4104(c)(2), (d)(3), and (g) (1) and (2), 
        4311(a), 6313, and 9106 of this title do not apply; and
          (2) except as provided by subsection (b) of this section, the 
        Attorney General may waive section 2121(a) and subchapter I of 
        chapter 63 of this title for an individual alien--
                  (A) for humanitarian purposes;
                  (B) to ensure family unity; or
                  (C) when otherwise in the public interest.
  (b) Grounds That May Not Be Waived.--Notwithstanding subsection 
(a)(2) of this section, the Attorney General may not waive--
          (1) section 6304(a) of this title to the extent it is related 
        to an application for a change of status to an alien lawfully 
        admitted for permanent residence, except that section 6304(a) 
        may be waived for an alien who is or was an aged, blind, or 
        disabled individual (as defined by section 1614(a)(1) of the 
        Social Security Act (42 U.S.C. 1382c(a)(1)));
          (2) section 6307(a)(1)-(4) of this title, except as section 
        6307(a)(3) is related to a single offense of simple possession 
        of not more than 30 grams of marijuana; or
          (3) section 6308 or 6309 of this title.
  (c) Special Rule for Deciding Whether Aliens Are Public Charges.--An 
alien is not ineligible for a change of status under this chapter 
because of inadmissibility under section 6304(a) of this title if the 
alien demonstrates a history of employment in the United States showing 
self-support without reliance on public cash assistance.

Sec. 9307. Fees

  (a) Fee Schedule.--The Attorney General shall establish a schedule of 
fees for applying for a change of status under section 9302 or 9304 of 
this title. The Attorney General shall provide for an additional fee 
for applying for a change of status under section 9304 of this title 
after the end of the first year of the 2-year period described by 
section 9304(a)(1) of this title.
  (b) Use of Fees.--The Attorney General shall deposit amounts received 
under subsection (a) of this section in a separate account. The amounts 
may be used, without fiscal year limitation, for expenses related to 
reviewing applications filed under section 9302 or 9304 of this title. 
Capital assets acquired with amounts in the account are available for 
the general use of the Immigration and Naturalization Service when the 
assets are not needed for activities related to reviewing those 
applications.

Sec. 9308. Confidentiality of information

  (a) Limitation on Access.--A record of an entity designated under 
section 9303(c) of this title, related to an alien seeking assistance 
or information about filing an application under this chapter, is 
confidential. The Attorney General may have access to the record only 
with the consent of the alien.
  (b) Limitations on Use.--The Attorney General or an officer or 
employee of the Department of Justice--
          (1) may use information provided by making an application 
        under this chapter only--
                  (A) to make a decision on the application; or
                  (B) to enforce section 10155 of this title;
          (2) may disclose information provided under this chapter in 
        the same way that census information may be disclosed under 
        section 8 of title 13;
          (3) may not make a publication that allows the information 
        provided by a particular individual to be identified; and
          (4) may allow only a sworn officer or employee of the 
        Department or of an entity designated under section 9303(c) of 
        this title (for an application filed with the entity) to 
        examine an application.

Sec. 9309. Temporary stay of deportation

  (a) If an alien was apprehended before May 5, 1987, and could have 
established a prima facie case of eligibility for a change of status 
under section 9302 of this title, except that the alien could not apply 
for the adjustment before May 5, 1987, the Attorney General shall 
provide that, unless the alien had an opportunity after May 4, 1987, 
and before June 4, 1987, to complete the filing of an application for a 
change of status, the alien--
          (1) may not be deported;
          (2) may work in the United States; and
          (3) shall be provided an ``employment authorized'' 
        endorsement or other appropriate work permit.
  (b) If an alien presented a prima facie application for a change of 
status under section 9302 of this title after May 4, 1987, and before 
May 5, 1988, the Attorney General shall provide that, until a final 
decision has been made on the application, the alien--
          (1) may not be deported;
          (2) may work in the United States; and
          (3) shall be provided an ``employment authorized'' 
        endorsement or other appropriate work permit.

Sec. 9310. Temporary ineligibility to receive certain assistance

  (a) Period of Ineligibility.--(1) Except as provided by paragraphs 
(3) and (4) of this subsection and subsection (b) of this section, an 
alien who acquires the status of an alien lawfully admitted for 
temporary residence under section 9302 of this title is not eligible 
for the following, during the 5-year period beginning on the date the 
alien was granted the status:
          (A) financial assistance under the program of aid to families 
        with dependent children under part A of title IV of the Social 
        Security Act (42 U.S.C. 601 et seq.).
          (B) any other program of financial assistance--
                  (i) provided under a law of the United States on a 
                financial-need basis; and
                  (ii) identified by the Attorney General in 
                consultation with the heads of other agencies.
          (C) medical assistance under a State plan approved under 
        title XIX of the Social Security Act (42 U.S.C. 1396 et seq.).
          (D) assistance under the Food Stamp Act of 1977 (7 U.S.C. 
        2011 et seq.).
  (2) To the extent consistent with this subsection and subsection (b) 
of this section, a State or political subdivision of a State may 
provide that the alien is not eligible for financial assistance 
referred to in paragraph (1) (A) and (B) of this subsection or for 
medical assistance referred to in paragraph (1)(C) of this subsection 
provided under a law of the State or political subdivision.
  (3) Paragraph (1) of this subsection does not apply to--
          (A) a Cuban or Haitian entrant (as defined by section 
        501(e)(1) or (2)(A) of the Refugee Education Assistance Act of 
        1980 (Public Law 96-422, 94 Stat. 1810) as in effect on April 
        1, 1983); or
          (B) assistance (except aid to families with dependent 
        children) provided an alien who is an aged, blind, or disabled 
        individual (as defined by section 1614(a)(1) of the Social 
        Security Act (42 U.S.C. 1382c(a)(1)).
  (4) Assistance provided under the following laws is not financial 
assistance referred to in paragraph (1)(B) of this subsection:
          (A) title IV of the Higher Education Act of 1965 (20 U.S.C. 
        1070 et seq. and 42 U.S.C. 2751 et seq.).
          (B) the Carl D. Perkins Vocational and Applied Technology 
        Education Act (20 U.S.C. 2301 et seq.).
          (C) the Job Training Partnership Act (29 U.S.C. 1501 et 
        seq.).
          (D) the Public Health Service Act (42 U.S.C. 201 et seq.).
          (E) titles I, X, XIV, and XVI of the Social Security Act (42 
        U.S.C. 301 et seq., 1201 et seq., 1351 et seq., 1381 et seq.) 
        as in effect without regard to the amendment made by section 
        301 of the Social Security Amendments of 1972 (Public Law 92-
        603, 86 Stat. 1465).
          (F) parts B, D, and E of title IV and titles V, XVI, and XX 
        of the Social Security Act (42 U.S.C. 620 et seq., 651 et seq., 
        670 et seq., 701 et seq., 1381 et seq., 1397 et seq.).
          (G) the National School Lunch Act (42 U.S.C. 1751 et seq.).
          (H) the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.).
  (b) Restricted Medical Assistance.--(1) In this subsection--
          (A) ``medical assistance'' means medical assistance under a 
        State plan approved under title XIX of the Social Security Act 
        (42 U.S.C. 1396 et seq.); and
          (B) an alien lawfully admitted for temporary residence under 
        section 9302 of this title is deemed to be residing permanently 
        in the United States under color of law as long as the alien's 
        temporary residence status is not changed.
  (2) Except as provided by paragraph (3) of this subsection and 
notwithstanding title XIX of the Social Security Act (42 U.S.C. 1396 et 
seq.), an alien lawfully admitted for temporary residence under section 
9302 of this title is eligible for only the following medical 
assistance during the 5-year period beginning on the date the alien is 
granted temporary residence status:
          (A) emergency services as provided under section 
        1916(a)(2)(D) of the Social Security Act (42 U.S.C. 
        1396o(a)(2)(D)).
          (B) services for pregnant women as described by section 
        1916(a)(2)(B) of the Social Security Act (42 U.S.C. 
        1396o(a)(2)(B)).
  (3) An alien lawfully admitted for temporary residence under section 
9302 of this title is eligible for any medical assistance during the 5-
year period beginning on the date the alien is granted temporary 
residence status if the alien is--
          (A) an alien described by subsection (a)(3) of this section; 
        or
          (B) less than 18 years of age.
  (c) Change in Status Not Affecting Certain Benefits.--Assistance 
under subchapter IV of chapter 131 of this title shall be continued 
without regard to a change of the alien's status under this chapter.
  (d) Alien Not Residing Permanently in the United States.--Unless 
otherwise specifically provided, an alien lawfully admitted for 
temporary residence under section 9302 of this title is not residing 
permanently in the United States under color of law for purposes of a 
law of a State or political subdivision of a State providing for a 
program of financial assistance.

Sec. 9311. Unfavorable ending of temporary residence status

  The Attorney General shall end the temporary residence status granted 
an alien under section 9302 of this title--
          (1) if the Attorney General believes the alien was not 
        eligible for that status;
          (2) if the alien--
                  (A) commits an act that makes the alien inadmissible 
                to the United States as an immigrant, except as 
                provided by sections 9305 and 9306 of this title; or
                  (B) is convicted of a felony or of at least 3 
                misdemeanors committed in the United States; or
          (3) at the end of the 43d month after the alien is granted 
        the status, unless the alien has applied under section 9304 of 
        this title for a change of status to that of an alien lawfully 
        admitted for permanent residence and the application has not 
        been denied.

Sec. 9312. Administrative and judicial review

  (a) Exclusiveness of Review.--The only administrative and judicial 
reviews of a decision made under this chapter about an application for 
a change of status of an alien shall be the reviews provided by this 
section.
  (b) Administrative Review.--Except as provided by subsection (d) of 
this section, the Attorney General shall maintain an appellate 
authority to provide for a single level of administrative appellate 
review of a decision described by subsection (a) of this section. The 
review shall be based only on the administrative record established at 
the time of the decision and on additional or newly discovered evidence 
not available at the time the decision was made.
  (c) Judicial Review.--Except as provided by subsection (d) of this 
section, a decision made under this chapter denying a change of status 
of an alien may be reviewed judicially only by judicial review of an 
order of deportation under section 6535 of this title. The review shall 
be based only on the administrative record established at the time of 
the review by the appellate authority. The findings of fact and 
decisions contained in the record of the authority are conclusive 
unless the applicant establishes abuse of discretion or that the 
findings are directly contrary to clear and convincing facts contained 
in the record considered as a whole.
  (d) No Review for Late Filing.--A denial of a change of status under 
this chapter because an application for the change was filed late may 
not be reviewed in an administrative proceeding of the United States 
Government or by a court of the United States or a State.

Sec. 9313. Administrative

  (a) Regulations.--After consulting with the Committees on the 
Judiciary of the House of Representatives and the Senate, the Attorney 
General shall prescribe--
          (1) regulations establishing a definition of ``resided 
        continuously'' for this chapter and evidence needed to 
        establish that an alien has resided continuously in the United 
        States under this chapter; and
          (2) other regulations necessary to carry out this chapter.
  (b) Considerations.--In prescribing regulations under subsection 
(a)(1) of this section, the Attorney General--
          (1) shall specify individual and total periods of absence 
        from the United States that will break a period of continuous 
        residence in the United States and shall consider any absence 
        that is only a brief and casual trip outside the United States;
          (2) shall provide that--
                  (A) an alien has not resided continuously in the 
                United States if the alien was outside the United 
                States, during a period for which continuous residence 
                is required, because of a deportation order; and
                  (B) time during which an alien is outside the United 
                States under the advance parole procedures of the 
                Attorney General is not part of the time during which 
                an alien is outside the United States under this 
                chapter;
          (3) may provide for a waiver of the periods specified in 
        clause (1) of this subsection if the absence is a brief 
        temporary trip outside the United States required by an 
        emergency or extenuating circumstance outside the control of 
        the alien; and
          (4) shall require that continuous residence and physical 
        presence in the United States be established by documents 
        (employment-related if available) and independent corroboration 
        of the information the documents contain.

PART G--PENALTIES

                         CHAPTER 101--PENALTIES

                          SUBCHAPTER I--GENERAL

Sec.
10101.  Settlement, compromise, and discontinuance of certain 
          proceedings.

                     SUBCHAPTER II--CIVIL PENALTIES

10111.  Violating regulations related to ports of entry for aliens 
          arriving by aircraft.
10112.  Failure to deliver lists of passengers.
10113.  Failure to provide lists and reports about alien crewmembers.
10114.  Failure to control alien crewmembers.
10115.  Improper discharge of alien crewmembers.
10116.  Employing alien crewmembers having disabilities and diseases.
10117.  Employing alien crewmembers for certain longshore work.
10118.  Violations involving certifications for longshore work by alien 
          crewmembers.
10119.  Bringing in aliens excludable because of health.
10120.  Bringing in aliens not having passports and visas.
10121.  Assisting unlawful entry as alien crewmembers.
10122.  Failure to prevent unauthorized landings.
10123.  Failure to detain and deport alien stowaways.
10124.  Failure to carry out orders related to detained aliens and 
          bringing in deported aliens.
10125.  Document fraud.
10126.  Clearing vessels and aircraft.

                   SUBCHAPTER III--CRIMINAL PENALTIES

10141.  Violating period of conditional landing permit.
10142.  Failure to register and be fingerprinted.
10143.  Failure to carry a certificate of alien registration or alien 
          registration receipt card.
10144.  Failure to provide addresses.
10145.  False and fraudulent registration.
10146.  Counterfeiting alien registration documents.
10147.  Bringing in and harboring aliens.
10148.  Improper entry of aliens.
10149.  Reentry of deported aliens.
10150.  Assisting certain excludable aliens to enter the United States.
10151.  Importing aliens for immoral purposes.
10152.  Violation of supervision pending deportation.
10153.  Willful failure to leave the United States.
10154.  Marriage to evade immigration laws.
10155.  Misrepresentations in applications for change of status.
10156.  Disclosing confidential information in applications.
10157.  Establishing a commercial enterprise to evade immigration laws.

                         SUBCHAPTER I--GENERAL

Sec. 10101. Settlement, compromise, and discontinuance of certain 
proceedings

  A judicial proceeding for violating this title (except subchapter I 
of chapter 5, subchapters I, III, and IV of chapter 131, chapters 133-
137, and section 13902) may be settled, compromised, or discontinued 
only with the consent of the court. A settlement, compromise, or 
discontinuance, and the reasons for it, shall be entered on the record.

                     SUBCHAPTER II--CIVIL PENALTIES

Sec. 10111. Violating regulations related to ports of entry for aliens 
arriving by aircraft

  (a) Civil Penalty and Compromise.--A person violating a regulation 
prescribed under section 6901 of this title is liable to the United 
States Government for a civil penalty of $2,000. The Attorney General 
may compromise the amount of the penalty. A decision on a penalty or 
compromise under this section is final.
  (b) Lien on Aircraft.--When the owner or individual in command of an 
aircraft violates a regulation referred to in subsection (a) of this 
section, the aircraft is subject to a lien for the civil penalty. The 
aircraft may be seized summarily by, and placed in the custody of, a 
person authorized under regulations prescribed by the Attorney General.
  (c) Release of Aircraft.--An aircraft seized under this section may 
be released from custody--
          (1) on deposit of--
                  (A) an amount (but not more than $2,000) prescribed 
                by the Attorney General; or
                  (B) a bond in an amount and with an insurer 
                prescribed by the Attorney General; and
          (2) conditioned on payment of the penalty decided on by the 
        Attorney General.
  (d) Collection of Penalty.--A civil action in rem may be brought 
against the aircraft to collect the civil penalty. The action shall 
conform as nearly as practicable to civil actions in admiralty.

Sec. 10112. Failure to deliver lists of passengers

  (a) Civil Penalty.--If the Attorney General is satisfied that a 
person has not delivered an accurate list of passengers as required 
under section 6902 of this title, the person is liable to the United 
States Government for a civil penalty of $300 for each passenger for 
whom the list is not sworn and delivered as required.
  (b) Prohibition on Compromise.--The Attorney General may not 
compromise the amount of a civil penalty under this section.

Sec. 10113. Failure to provide lists and reports about alien crewmembers

  (a) Civil Penalty.--A person not delivering a list or report required 
by section 2701 or 2702 of this title is liable to the United States 
Government for a civil penalty of $200 for each alien crewmember not 
listed or reported as required.
  (b) Prohibition on Compromise.--The Attorney General may not 
compromise the amount of a civil penalty under this section.

Sec. 10114. Failure to control alien crewmembers

  (a) Civil Penalty.--A person not detaining or deporting an alien 
crewmember as required by section 2704 of this title is liable to the 
United States Government for a civil penalty of $3,000 for each alien 
crewmember not detained or deported.
  (b) Compromise.--The Attorney General may compromise the amount of a 
civil penalty under this section to not less than $200 for each alien 
crewmember involved.

Sec. 10115. Improper discharge of alien crewmembers

  (a) Civil Penalty.--If the Attorney General is satisfied that a 
person has violated section 2706 of this title, the person is liable to 
the United States Government for a civil penalty of $3,000 for each 
violation.
  (b) Compromise.--The Attorney General may compromise the amount of a 
civil penalty under this section to not less than $1,500 for each 
violation.

Sec. 10116. Employing alien crewmembers having disabilities and diseases

  (a) Civil Penalty.--The owner, agent, master, commanding officer, or 
consignee of a vessel or aircraft is liable to the United States 
Government for a civil penalty of $1,000 for each alien crewmember 
employed in violation of section 2705(a) of this title if the Attorney 
General is satisfied, from an examination certified by a medical 
officer of the Public Health Service, that--
          (1) the crewmember was afflicted with a disability or disease 
        referred to in section 2705(a) of this title when the 
        crewmember was taken on board the vessel or aircraft; and
          (2) the disability or disease could have been detected by a 
        competent medical examination.
  (b) Compromise.--The Attorney General may compromise the amount of a 
civil penalty under this section.

Sec. 10117. Employing alien crewmembers for certain longshore work

  (a) Civil Penalty.--An owner, agent, master, commanding officer, or 
consignee of a vessel that hires an alien crewmember classified as a 
nonimmigrant under section 2305 of this title to perform longshore work 
not included in the normal operation and service on a vessel under 
section 2723, 2724, or 2725 of this title is liable to the United 
States Government for a civil penalty of $5,000.
  (b) Lien on Vessel.--A vessel referred to in subsection (a) of this 
section is subject to a lien for the amount of the civil penalty.
  (c) Prohibition on Compromise.--The Attorney General may not 
compromise the amount of a civil penalty under this section.

Sec. 10118. Violations involving certifications for longshore work by alien 
crewmembers

  If the Secretary of Labor finds under section 2723(f) of this title 
that an employer has failed to meet a condition, or misrepresented a 
material fact, in its attestation under section 2723(a) of this title, 
the Secretary may impose a civil penalty of not more than $5,000 for 
each alien crewmember the employer employs to perform unauthorized 
longshore work.

Sec. 10119. Bringing in aliens excludable because of health

  (a) Civil Penalty.--A person is liable to the United States 
Government for a civil penalty of $3,000 for each alien the person 
brings to the United States in violation of section 6906(b) of this 
title.
  (b) Prohibition on Compromise.--The Attorney General may not 
compromise the amount of a civil penalty under this section.

Sec. 10120. Bringing in aliens not having passports and visas

  (a) Civil Penalty.--If the Attorney General is satisfied that a 
person has brought an alien to the United States in violation of 
section 6906(a) of this title, the person is liable to the United 
States Government for a civil penalty of--
          (1) $3,000 for each such alien; plus
          (2) except for an alien admitted or allowed to land 
        temporarily, an amount equal to the amount the alien paid to be 
        transported from the initial port of departure, as shown on the 
        alien's ticket, to the port of arrival.
  (b) Return of Amount to Alien.--The amount paid under subsection 
(a)(2) of this section shall be paid to the alien brought in violation 
of section 6906(a) of this title.
  (c) Compromise.--The Attorney General may compromise the amount of a 
civil penalty under this section only if the Attorney General is 
satisfied that the person, before the vessel or aircraft carrying the 
alien left the last port outside the United States, did not know and 
could not have learned by reasonable diligence that the individual 
transported was an alien required to have a passport and visa.
  (d) Nonapplication.--This section does not apply to a carrier or an 
owner, agent, master, commanding officer, charterer, or consignee of a 
vessel or aircraft relying on a visa or other documentation that has 
been revoked unless reasonable notice of the revocation is received 
before the alien leaves.

Sec. 10121. Assisting unlawful entry as alien crewmembers

  (a) Civil Penalty.--A person, including the owner, agent, master, 
commanding officer, or consignee of a vessel or aircraft arriving in 
the United States, is liable to the United States Government for a 
civil penalty of not more than $10,000 for each alien whom the person--
          (1) knowingly signs on the articles of the vessel, or brings 
        to the United States as a crewmember of the vessel or aircraft, 
        with intent to allow or assist the alien to enter or land in 
        the United States unlawfully; or
          (2) knowingly and falsely represents to a consular officer 
        when the alien applies for a visa, or to an immigration officer 
        at the port of arrival in the United States, that the alien is 
        a crewmember.
  (b) Lien on Vessel or Aircraft.--A vessel or aircraft referred to in 
subsection (a) of this section is subject to a lien for the civil 
penalty and may be seized. A civil action in rem may be brought against 
the vessel or aircraft to collect the penalty.

Sec. 10122. Failure to prevent unauthorized landings

  (a) Civil Penalty.--A person violating section 6904(a) of this title 
is liable to the United States Government for a civil penalty of $3,000 
for each violation, to be imposed by the Attorney General.
  (b) Lien on Vessel or Aircraft.--The vessel or aircraft used in 
transporting an alien landed in violation of this section is subject to 
a lien for the civil penalty. A civil action in rem may be brought 
against the vessel or aircraft to collect the penalty.
  (c) Compromise.--The Attorney General may compromise the amount of a 
civil penalty under this section.

Sec. 10123. Failure to detain and deport alien stowaways

  A person not detaining or deporting an alien stowaway as required by 
section 6907(b) (2) or (3) of this title is liable to the United States 
Government for a civil penalty of $3,000 for each alien stowaway not 
detained or deported.

Sec. 10124. Failure to carry out orders related to detained aliens and 
bringing in deported aliens

  (a) Civil Penalty.--If the Attorney General is satisfied that a 
person has violated section 6903, 6906(c), 6907(a), or 6908 of this 
title or an order of the Attorney General under one of those sections, 
the person is liable to the United States Government for a civil 
penalty of $2,000 for each violation.
  (b) Prohibition on Compromise.--The Attorney General may not 
compromise the amount of a civil penalty under this section.

Sec. 10125. Document fraud

  (a) Definition.--In this section, ``person'', in addition to its 
meaning under section 1 of title 1, includes a governmental authority.
  (b) Violations.--(1) A person may not knowingly--
          (A) forge, counterfeit, alter, or falsely make a document to 
        satisfy a requirement of this title;
          (B) use, attempt to use, possess, obtain, accept, receive, or 
        provide a forged, counterfeit, altered, or falsely made 
        document to satisfy a requirement of this title;
          (C) use, provide, or attempt to use or provide, a document 
        lawfully issued to a person other than the possessor (including 
        a deceased individual), to satisfy a requirement of this title; 
        or
          (D) accept, receive, or provide a document lawfully issued to 
        a person other than the possessor (including a deceased 
        individual), to comply with section 11103 of this title.
  (2) This subsection does not apply to subchapter I of chapter 5, 
subchapters I, III, and IV of chapter 131, chapters 133-137, and 
section 13902 of this title.
  (c) Authority in Conducting Investigations and Hearings.--(1) In 
conducting an investigation or hearing under this section--
          (A) an immigration officer or administrative law judge shall 
        have reasonable access to examine evidence of a person being 
        investigated; and
          (B) an administrative law judge may subpena, if necessary, 
        the attendance of witnesses and the production of evidence at 
        any designated place.
  (2) If a person disobeys a subpena issued under this subsection, an 
appropriate district court of the United States, on application by the 
Attorney General, may issue an order to comply with the subpena. The 
court may punish a failure to comply with the order of the court as a 
contempt of court.
  (d) Hearings.--(1) The Attorney General may issue an order referred 
to in subsection (e) of this section against a person for violating 
subsection (b) of this section only after notice and an opportunity for 
a hearing. A hearing must be requested within a reasonable time 
(established by the Attorney General, but at least 30 days) after the 
date of the notice.
  (2) If a timely request for a hearing is not made, the Attorney 
General may issue an order referred to in subsection (e) of this 
section without a hearing.
  (3) If a timely request for a hearing is made, the hearing shall be 
conducted by an administrative law judge as provided by section 554 of 
title 5 at the nearest practicable place to the place where the person 
resides or the alleged violation occurred. If the judge finds by a 
preponderance of the evidence that the person has violated subsection 
(b) of this section, the judge shall--
          (A) state findings of fact; and
          (B) issue and have served on the person an order referred to 
        in subsection (e) of this section.
  (e) Cease and Desist Orders.--(1) For a violation of subsection (b) 
of this section, an order issued under this section shall require the 
person to cease and desist from the violation and to pay a civil 
penalty of--
          (A) at least $250, but not more than $2,000, for each 
        document used, accepted, or created and each time a document is 
        used, accepted, or created; or
          (B) at least $2,000, but not more than $5,000, for each 
        document used, accepted, or created and each time a document is 
        used, accepted, or created, if the person previously was 
        subject to an order under this subsection.
  (2) In applying this subsection, if an entity is composed of 
distinct, physically separate subdivisions each of which provides 
separately for the hiring, recruiting, or referring for employment, 
without reference to the practices of, and not under control of or 
common control with, another subdivision, each subdivision is deemed a 
separate entity.
  (f) Finality of Decisions and Orders.--The decision and order of an 
administrative law judge under this section becomes the final decision 
and order of the Attorney General unless the Attorney General changes 
or vacates the decision and order within 30 days after the date of the 
decision and order.
  (g) Judicial Review.--(1) Except as provided by paragraph (2) of this 
subsection, a person adversely affected by a final order under this 
section may file a petition for review of the order in the court of 
appeals for the appropriate circuit within 45 days after the date the 
final order is issued.
  (2) An order of the Attorney General issued without a hearing as 
provided by subsection (d)(2) of this section is not appealable.
  (h) Enforcement of Order.--If a person does not comply with a final 
order issued under this section, the Attorney General shall bring a 
civil action in an appropriate district court of the United States to 
seek compliance with the order. The validity and appropriateness of the 
order may not be reviewed in the action.
  (i) Investigative, Protective, and Intelligence Activities Not 
Prohibited.--This section does not prohibit--
          (1) any lawfully authorized investigative, protective, or 
        intelligence activity of a law enforcement agency of the United 
        States, a State, or a subdivision of a State or of an 
        intelligence agency of the United States; or
          (2) any activity authorized under chapter 224 of title 18.
  (j) Construction.--This section does not affect a penalty that may be 
imposed for an activity prohibited under both this section and title 
18.

Sec. 10126. Clearing vessels and aircraft

  (a) Clearance Before Decision on Liability.--A vessel or aircraft may 
be granted clearance before a decision on liability is made under 
section 10112-10117, 10119, 10120, 10123, or 10124 of this title only 
if a bond approved by the Attorney General or an amount sufficient to 
pay the civil penalty is deposited.
  (b) Prohibition on Clearance When Penalty Unpaid.--A vessel or 
aircraft may not be granted clearance if a civil penalty imposed under 
section 10112-10117, 10119, 10120, 10123, or 10124 of this title is not 
paid.

                   SUBCHAPTER III--CRIMINAL PENALTIES

Sec. 10141. Violating period of conditional landing permit

  An alien crewmember willfully remaining in the United States after 
the period allowed by a conditional permit granted under section 
2703(b) of this title shall be fined under title 18, imprisoned for not 
more than 6 months, or both.

Sec. 10142. Failure to register and be fingerprinted

  An alien required to apply for registration and to be fingerprinted 
in the United States and willfully failing to apply or to be 
fingerprinted, and a parent or legal guardian required to apply for the 
registration of an alien and willfully failing to apply, shall be fined 
under title 18, imprisoned for not more than 6 months, or both.

Sec. 10143. Failure to carry a certificate of alien registration or alien 
registration receipt card

  An alien violating section 8103(b) of this title shall be fined under 
title 18, imprisoned for not more than 30 days, or both.

Sec. 10144. Failure to provide addresses

  An individual violating section 8104 of this title shall be fined 
under title 18, imprisoned for not more than 30 days, or both.

Sec. 10145. False and fraudulent registration

  An alien, or a parent or legal guardian of an alien, who files an 
application for registration knowing that the application contains a 
false statement, or who registers or attempts to register himself, 
herself, or another individual through fraud, shall be fined under 
title 18, imprisoned for not more than 6 months, or both.

Sec. 10146. Counterfeiting alien registration documents

  A person that with unlawful intent makes an engraving, photograph, 
print, impression, or imitation of a certificate of alien registration 
or an alien registration receipt card, except when authorized under 
regulations prescribed by the Attorney General, shall be fined under 
title 18, imprisoned for not more than 5 years, or both.

Sec. 10147. Bringing in and harboring aliens

  (a) Criminal Penalties.--(1)(A) A person shall be fined under title 
18, imprisoned for not more than 5 years, or both, if the person--
          (i) knowing an individual is an alien, brings or attempts to 
        bring the individual to the United States at a place not 
        designated as a port of entry or not designated by the Attorney 
        General, even if the alien has received prior authorization to 
        come to, enter, or reside in the United States, and regardless 
        of any future official action that may be taken with respect to 
        the alien;
          (ii) knowing, or in reckless disregard of whether, an alien 
        has come to, has entered, or remains in the United States in 
        violation of law, transports or moves, or attempts to transport 
        or move, the alien within the United States in furtherance of 
        that violation;
          (iii) knowing, or in reckless disregard of whether, an alien 
        has come to, has entered, or remains in the United States in 
        violation of law, conceals, harbors, or shields from detection, 
        or attempts to conceal, harbor, or shield from detection, the 
        alien; or
          (iv) encourages or induces an alien to come to, enter, or 
        reside in the United States, knowing, or in reckless disregard 
        of whether, the coming, entering, or residing is unlawful.
  (B) A separate violation occurs under paragraph (1) of this 
subsection for each alien involved in a violation.
  (2) A person that, knowing, or in reckless disregard of whether, an 
alien has not received prior authorization to come to, enter, or reside 
in the United States (regardless of any future official action that may 
be taken with respect to the alien), brings or attempts to bring the 
alien to the United States shall be fined under title 18, imprisoned 
for not more than one year, or both, for each transaction violating 
this paragraph without regard to the number of aliens involved. 
However, the person shall be fined under title 18, imprisoned for not 
more than 5 years, or both, if the violation is--
          (A) a subsequent violation;
          (B) done for commercial advantage or private financial gain; 
        or
          (C) one in which the alien is not brought and presented to an 
        immigration officer at a designated port of entry immediately 
        on arrival.
  (b) Seizure and Forfeiture of Conveyance.--(1) A conveyance used in 
violating subsection (a) of this section shall be seized and may be 
forfeited. However, a conveyance--
          (A) used by a person as a common carrier in carrying out 
        common carrier business may be forfeited only if the owner or 
        person in charge of the conveyance consented to, or was privy 
        to, the violation; and
          (B) may not be forfeited if the owner establishes that 
        another person committed the violation when the conveyance was 
        in the possession of another person in violation of the 
        criminal laws of the United States or of a State.
  (2) A conveyance may be seized under this section without a warrant 
if there is probable cause to believe it has been or is being used in 
violating subsection (a) of this section and circumstances exist in 
which a warrant is not required constitutionally.
  (c) Disposition of Forfeited Conveyance.--When a conveyance is 
forfeited under this section, the Attorney General may--
          (1) keep the conveyance for official use;
          (2) sell the conveyance and shall use the proceeds to pay the 
        expenses of the proceedings for forfeiture and sale, including 
        seizure, maintenance of custody, advertising, and court costs;
          (3) require the Administrator of General Services, or the 
        Administrator of the Maritime Administration if appropriate 
        under section 203(i) of the Federal Property and Administrative 
        Services Act of 1949 (40 U.S.C. 484(i)), to take custody of the 
        conveyance and dispose of it under law; or
          (4) dispose of the conveyance under a compromise made by the 
        Attorney General.
  (d) Proof in Forfeiture Action.--In a civil action brought to forfeit 
a conveyance seized under this section, a person claiming the 
conveyance has the burden of proof. However, the Attorney General first 
must show probable cause in bringing the action. In deciding whether 
probable cause exists, each of the following is prima facie evidence 
that an alien involved in an alleged violation had not received prior 
authorization to come to, enter, or reside in the United States or had 
come to, entered, or remained in the United States unlawfully:
          (1) a record of a judicial or administrative proceeding in 
        which the alien's status was an issue and in which it was 
        decided that the alien had not received prior authorization to 
        come to, enter, or reside in the United States or had come to, 
        entered, or remained in the United States unlawfully.
          (2) official records of the Immigration and Naturalization 
        Service or the Department of State showing that the alien had 
        not received prior authorization to come to, enter, or reside 
        in the United States or had come to, entered, or remained in 
        the United States unlawfully.
          (3) testimony by an immigration officer, having personal 
        knowledge about the alien's status, that the alien had not 
        received prior authorization to come to, enter, or reside in 
        the United States or had come to, entered, or remained in the 
        United States unlawfully.
  (e) Application of Laws Related to Seizures and Forfeitures for 
Violating Customs Laws.--Laws related to the seizure, forfeiture, and 
condemnation of property for violating the customs laws, disposition of 
the property or the proceeds of sale of the property, compromise of the 
forfeiture or a related claim, and award of compensation to an informer 
because of the forfeiture apply to a seizure or forfeiture under this 
section if not inconsistent with this section. However, duties and 
powers of persons in seizing and forfeiting property under the customs 
laws shall be carried out by persons the Attorney General authorizes to 
conduct a seizure or forfeiture under this section.
  (f) Individuals Authorized To Make Arrests.--Only officers and 
employees of the Service designated by the Attorney General, 
individually or by class, and other officers and employees who enforce 
criminal laws, may make arrests for a violation of this section.

Sec. 10148. Improper entry of aliens

  (a) Criminal Offenses.--An alien shall be punished as provided by 
subsection (b) of this section if the alien--
          (1) enters or attempts to enter the United States--
                  (A) at a time or place not designated by an 
                immigration officer; or
                  (B) by a willfully false or misleading representation 
                or the willful concealment of a material fact; or
          (2) eludes inspection or examination by an immigration 
        officer.
  (b) Criminal Penalties.--An alien violating subsection (a) of this 
section shall be--
          (1) fined under title 18, imprisoned for not more than 6 
        months, or both, for a first violation; and
          (2) fined under title 18, imprisoned for not more than 2 
        years, or both, for a subsequent violation.
  (c) Venue.--A proceeding under this section may be brought in any 
judicial district in which the violation occurs or in which the alien 
is apprehended.

Sec. 10149. Reentry of deported aliens

  (a) Criminal Penalty.--(1) Except as otherwise provided by this 
section, an alien who has been arrested and deported or excluded and 
deported and then enters, attempts to enter, or is found in the United 
States shall be fined under title 18, imprisoned for not more than 2 
years, or both.
  (2) If the alien's deportation followed conviction of a felony 
(except an aggravated felony) and the alien enters, attempts to enter, 
or is found in the United States after November 17, 1988, the alien 
shall be fined under title 18, imprisoned for not more than 5 years, or 
both.
  (3) If the alien's deportation followed conviction of an aggravated 
felony and the alien enters, attempts to enter, or is found in the 
United States after November 17, 1988, the alien shall be fined under 
title 18, imprisoned for not more than 15 years, or both.
  (b) Nonapplication.--Subsection (a) of this section does not apply to 
an alien--
          (1) when the Attorney General specifically consents to the 
        alien's reapplying for admission before the alien--
                  (A) reboards at a place outside the United States; or
                  (B) applies for admission from a foreign territory 
                contiguous to the United States; or
          (2) previously excluded and deported who establishes that 
        prior consent by the Attorney General is not required under 
        this title or other prior law.
  (c) Venue.--A proceeding under this section may be brought in any 
judicial district in which the violation occurs or in which the alien 
is apprehended.

Sec. 10150. Assisting certain excludable aliens to enter the United States

  A person knowingly assisting or conspiring to assist an alien to 
enter the United States shall be fined under title 18, imprisoned for 
not more than 10 years, or both, if--
          (1)(A) the alien is excludable under section 6307(a)(1)-(5) 
        and (7) of this title because of an aggravated felony; and
          (B) the assistance occurred after November 17, 1988; or
          (2) the alien is excludable under section 6308 of this title.

Sec. 10151. Importing aliens for immoral purposes

  (a) Criminal Penalty.--A person shall be fined under title 18, 
imprisoned for not more than 10 years, or both, if the person--
          (1) imports or attempts to import an alien into the United 
        States for prostitution or another immoral purpose; or
          (2) holds, attempts to hold, maintains, controls, supports, 
        employs, or harbors an alien in furthering an importation 
        violating clause (1) of this subsection.
  (b) Venue.--A proceeding under this section may be brought in any 
judicial district into which the alien is brought in violation of this 
section or in which a violation of this section occurs.
  (c) Testimony of Spouse.--Testimony of a spouse is admissible and is 
competent evidence in a proceeding under this section.

Sec. 10152. Violation of supervision pending deportation

  An alien willfully violating a requirement imposed under section 
6536(d) of this title, including giving false information in response 
to such a requirement, shall be fined under title 18, imprisoned for 
not more than one year, or both.

Sec. 10153. Willful failure to leave the United States

  (a) Criminal Penalty.--An alien against whom the Attorney General has 
issued a final order of deportation because of any ground described by 
sections 6506-6509 of this title shall be fined under title 18, 
imprisoned for not more than 10 years, or both, if the alien--
          (1) willfully does not--
                  (A) leave the United States within the 6-month period 
                that begins on the latest of--
                          (i) the date of the Attorney General's final 
                        order;
                          (ii) if judicial review occurs, the date of 
                        the court's final order; or
                          (iii) if section 6536(f) of this title 
                        applies, the date on which the Attorney General 
                        decides that the alien has reentered the United 
                        States unlawfully;
                  (B) apply timely in good faith for a document the 
                alien needs to leave the United States; or
                  (C) appear for deportation at the time and place the 
                Attorney General requires under the order of 
                deportation; or
          (2) takes an action to prevent or hamper, or conspire to 
        prevent or hamper, the alien from leaving the United States 
        under the deportation order.
  (b) Attempted Relief Not Prohibited.--Subsection (a) of this section 
does not prohibit an alien from trying to obtain--
          (1) a cancellation of the deportation order;
          (2) an exemption from the deportation order; or
          (3) a release from incarceration or custody.
  (c) Suspension of Sentence and Release.--(1) For good cause, the 
court sentencing an alien convicted of violating subsection (a) of this 
section may suspend the sentence and order the alien released on 
conditions the court prescribes.
  (2) In deciding whether good cause exists for releasing an alien 
under paragraph (1) of this subsection, the court shall consider 
factors such as--
          (A) the age, health, and period of detention of the alien;
          (B) the effect of the alien's release on the security of the 
        United States and public peace or safety;
          (C) the likelihood that the alien will resume or follow a 
        course of conduct that made or would make the alien deportable;
          (D) efforts the alien or a representative of a country to 
        which the alien is ordered deported makes to expedite the 
        alien's leaving the <gr-thn-eq>United States;
          (E) the reason why the United States Government cannot obtain 
        a passport or other travel document or deportation facilities 
        from a country to which the alien is ordered deported; and
          (F) the eligibility of the alien for discretionary release 
        under the immigration laws.

Sec. 10154. Marriage to evade immigration laws

  (a) Criminal Penalty.--An individual who knowingly marries to evade 
the immigration laws shall be fined under title 18, imprisoned for not 
more than 5 years, or both.
  (b) Venue.--A proceeding under this section may be brought in any 
judicial district in which the violation occurs or in which the 
individual is apprehended.

Sec. 10155. Misrepresentations in applications for change of status

  An individual knowingly and willfully making a material 
misrepresentation in an application or supporting document filed under 
section 9303 of this title, or making or using a false document in 
connection with the application, shall be fined under title 18, 
imprisoned for not more than 5 years, or both.

Sec. 10156. Disclosing confidential information in applications

  An individual violating section 9308(b) of this title shall be fined 
under title 18, imprisoned for not more than 5 years, or both.

Sec. 10157. Establishing a commercial enterprise to evade immigration laws

  (a) Criminal Penalty.--An individual who knowingly establishes a 
commercial enterprise to evade the immigration laws shall be fined 
under title 18, imprisoned for not more than 5 years, or both.
  (b) Venue.--A proceeding under this section may be brought in any 
judicial district in which the violation occurs or in which the 
individual is apprehended.

SUBTITLE III--UNLAWFUL EMPLOYMENT PRACTICES

Chapter                                                             Sec.

UNLAWFUL EMPLOYMENT OF ALIENS......................................11101
IMMIGRATION-RELATED UNFAIR EMPLOYMENT PRACTICES....................11301

               CHAPTER 111--UNLAWFUL EMPLOYMENT OF ALIENS

Sec.
11101.  Definitions.
11102.  Employment of unauthorized aliens.
11103.  Employment verification system.
11104.  Evaluating and changing employment verification system.
11105.  Compliance.
11106.  Criminal penalties and civil actions for pattern or practice 
          violations.
11107.  Indemnity prohibition.
11108.  Conspicuous statement requirement.
11109.  Preemption of State and local law.

Sec. 11101. Definitions

  In this chapter--
          (1) ``person'', in addition to its meaning under section 1 of 
        title 1, includes a governmental authority.
          (2) ``unauthorized alien'' means, with respect to employment 
        at a particular time, an alien who is not at that time--
                  (A) lawfully admitted for permanent residence; or
                  (B) authorized to be employed in that employment by 
                this title or by the Attorney General.

Sec. 11102. Employment of unauthorized aliens

  (a) Prohibitions.--(1) A person--
          (A) may not hire, or recruit or refer for a fee, for 
        employment in the United States an alien knowing the alien is 
        an unauthorized alien;
          (B) may not hire for employment in the United States an 
        individual without complying with section 11103 of this title; 
        or
          (C) if the person is an agricultural association, 
        agricultural employer, or farm labor contractor (as defined by 
        section 3 of the Migrant and Seasonal Agricultural Worker 
        Protection Act (29 U.S.C. 1802)), may not recruit or refer for 
        a fee for employment in the United States an individual without 
        complying with section 11103 of this title.
  (2) A person may not continue to employ in the United States an alien 
knowing the alien is an unauthorized alien.
  (b) Use of Labor Through Contract.--A person violates subsection 
(a)(1)(A) of this section if the person uses a contract or exchange 
that is made, renegotiated, or extended after November 6, 1986, to 
obtain the labor of an alien in the United States, knowing the alien is 
an unauthorized alien.
  (c) Defense.--Good faith compliance with section 11103 of this title 
is an affirmative defense under subsection (a)(1)(A) of this section.
  (d) State Employment Agency Documentation.--For purposes of 
subsections (a)(1)(B) and (C) and (c) of this section, a person hiring 
an individual referred by a State employment agency (as defined by the 
Attorney General) is deemed to have complied with section 11103 of this 
title if the person has and retains (for the period and in the way 
described by section 11103(c)) appropriate documentation of the 
referral certifying that the agency complied with section 11103 for 
that individual.
  (e) Nonapplication.--(1) Subsection (a)(1) of this section does not 
apply to hiring, recruiting, or referring that occurred before November 
6, 1986.
  (2) Subsection (a)(2) of this section does not apply to continuing 
employment of an alien hired before November 6, 1986.
  (f) Temporary Provisions.--(1) The Attorney General may not conduct a 
proceeding or issue an order under this chapter for a violation alleged 
to have occurred during the period from December 1, 1986, through May 
31, 1987.
  (2) If the Attorney General has reason to believe that a person has 
committed a first violation of this section during the period from June 
1, 1987, through May 31, 1988, the Attorney General--
          (A) shall issue a citation to the person; and
          (B) may not conduct a proceeding or issue an order for the 
        violation.
  (3) In applying paragraphs (1) and (2) of this subsection when an 
alien is deemed to be employed in the United States under this chapter 
as provided by section 8704 of title 46--
          (A) in paragraph (1), substitute ``August 1, 1988, through 
        January 31, 1989'' for ``December 1, 1986, through May 31, 
        1987''; and
          (B) in paragraph (2), substitute ``February 1, 1989, through 
        January 31, 1990'' for ``June 1, 1987, through May 31, 1988''.

Sec. 11103. Employment verification system

  (a) Attestation After Examining Documents.--(1) A person hiring, or 
recruiting or referring for a fee, an individual for employment in the 
United States must attest, under penalty of perjury and on a form 
prescribed by the Attorney General, that the person has verified that 
the individual is not an unauthorized alien by examining--
          (A) a document specified in paragraph (3) of this subsection; 
        or
          (B)(i) a document specified in paragraph (4) of this 
        subsection; and
          (ii) a document specified in paragraph (5) of this 
        subsection.
  (2) A person has examined a document as required by paragraph (1) of 
this subsection if the person has found that the document reasonably 
appears on its face to be genuine. The person is not required to 
request, and the individual is not required to provide, another 
document if the individual has provided a document or combination of 
documents complying with paragraph (1) that reasonably appear on their 
face to be genuine.
  (3) A document required under paragraph (1)(A) of this subsection is 
an individual's--
          (A) United States passport;
          (B) certificate of United States citizenship;
          (C) certificate of naturalization;
          (D) unexpired foreign passport, if the passport has an 
        appropriate, unexpired endorsement of the Attorney General 
        authorizing the individual's employment in the United States; 
        or
          (E) resident alien card or other alien registration card, if 
        the card--
                  (i) contains the individual's photograph or other 
                identifying information the Attorney General prescribes 
                by regulation as acceptable; and
                  (ii) is evidence of authorization of employment in 
                the United States.
  (4) A document required under paragraph (1)(B)(i) of this subsection 
is an individual's--
          (A) social security account number card (unless it states on 
        its face that issuance of the card does not authorize 
        employment in the United States);
          (B) certificate of birth in the United States or establishing 
        United States nationality at birth, if the certificate is 
        acceptable under regulations prescribed by the Attorney 
        General; or
          (C) other documentation providing authorization of employment 
        in the United States that the Attorney General prescribes by 
        regulation as acceptable.
  (5) A document required under paragraph (1)(B)(ii) of this subsection 
is an individual's--
          (A) driver's license or similar document issued for 
        identification by a State, if it contains the individual's 
        photograph or other identifying information the Attorney 
        General prescribes by regulation as acceptable; or
          (B) for an individual less than 16 years of age or in a State 
        that does not issue an identification document other than a 
        driver's license, documentation of personal identity that the 
        Attorney General prescribes by regulation as providing a 
        reliable means of identification.
  (b) Individual Attestation of Employment Authorization.--The 
individual must attest, under penalty of perjury and on the form 
prescribed under subsection (a) of this section, that the individual 
is--
          (1) a national of the United States;
          (2) an alien lawfully admitted for permanent residence; or
          (3) an alien authorized by this title or by the Attorney 
        General to be hired, recruited, or referred for the employment.
  (c) Retention of Verification Form.--After the form is completed as 
provided by subsections (a) and (b) of this section, the person must 
retain the form and make it available for inspection by officers and 
employees of the Immigration and Naturalization Service, the Special 
Counsel for Immigration-Related Unfair Employment Practices, and the 
Secretary of Labor during a period beginning on the date of the hiring, 
recruiting, or referral and ending--
          (1) if the individual is recruited or referred for a fee but 
        not hired, 3 years after the date of the recruiting or 
        referral; or
          (2) if the individual is hired, 3 years after the date of 
        hire or one year after the date the employment ends, whichever 
        is later.
  (d) Copying Documentation.--A person may copy a document presented by 
an individual under this section and retain the copy, but only (except 
as otherwise permitted by law) to comply with this section.
  (e) Limitation on Use of Forms.--A form completed under this section, 
and information contained in or appended to the form, may be used only 
to enforce this title and sections 1001, 1028, 1546, and 1621 of title 
18.
  (f) National Identification Card Not Authorized.--This chapter does 
not authorize the establishment, issuance, or use of a national 
identification card.

Sec. 11104. Evaluating and changing employment verification system

  (a) Definition.--In this section, ``major change'' means a change 
that would--
          (1) require an individual to present a new card or other 
        document (designed specifically to verify employment 
        eligibility) at the time of hiring, recruitment, or referral;
          (2) provide for a telephone verification system under which--
                  (A) an employer, recruiter, or referrer must give an 
                officer or employee of the United States Government 
                information about the immigration status of a 
                prospective employee; and
                  (B) the officer or employee of the Government gives 
                the employer, recruiter, or referrer a verification 
                code that the employer, recruiter, or referrer must 
                record; or
          (3) require a change in a card used for accounting under the 
        Social Security Act (42 U.S.C. 301 et seq.), including a change 
        requiring that the only social security account number card 
        that may be presented to comply with section 11103(a)(4)(A) of 
        this title is a card in a counterfeit-resistant form consistent 
        with section 205(c)(2)(F)(last sentence) of the Social Security 
        Act (42 U.S.C. 405(c)(2)(F)(last sentence)).
  (b) Presidential Monitoring and Improvements.--(1) The President 
shall--
          (A) provide for monitoring and evaluating the degree to which 
        the employment verification system under section 11103 of this 
        title provides a secure system to verify employment eligibility 
        in the United States; and
          (B) examine the suitability of using existing Government and 
        State identification systems to verify employment eligibility 
        in the United States.
  (2) To the extent the President finds the system is not a secure 
system to verify employment eligibility in the United States, the 
President shall make changes in and additions to the system necessary 
to establish a secure system to verify employment eligibility in the 
United States--
          (A) subject to subsections (c)-(f) of this section; and
          (B) after considering the results of any demonstration 
        project conducted under subsection (g) of this section.
  (c) Change Requirements.--A change proposed by the President under 
subsection (b) of this section must be designed so that the system, as 
changed, will meet the following requirements:
          (1) The system must be able to verify reliably whether--
                  (A) an individual with the identity claimed by an 
                employee or prospective employee is eligible to work; 
                and
                  (B) the employee or prospective employee is claiming 
                the identity of another individual.
          (2) If the system requires that a document be presented to or 
        examined by an employer, the document must be in a form 
        resistant to counterfeiting and tampering.
          (3) Personal information used by the system may be made 
        available only to the extent necessary to verify that an 
        individual is not an unauthorized alien.
          (4) The system must protect the privacy and security of 
        personal information and identifiers used in the system.
          (5) A verification that an individual is eligible to be 
        employed in the United States may be withheld or revoked only 
        if the individual is an unauthorized alien.
          (6) The system may not be used for law enforcement, except to 
        enforce this title and sections 1001, 1028, 1546, and 1621 of 
        title 18.
          (7) If the system requires an individual to present a new 
        card or other document (designed specifically to verify 
        employment eligibility) at the time of hiring, recruitment, or 
        referral, the document may not be required to be presented for 
        another purpose (except under this title or for enforcement of 
        sections 1001, 1028, 1546, and 1621 of title 18) or to be 
        carried on the individual.
  (d) Notices to Congress Before Making Changes.--(1) Before carrying 
out a change, the President must submit a written report of the 
proposed change to the Committees on the Judiciary of the Senate and 
the House of Representatives. If the President proposes a change 
affecting social security account number cards, the President also 
shall submit the report to the Committee on Finance of the Senate and 
the Committee on Ways and Means of the House of Representatives. A 
report under this paragraph shall include recommendations for civil and 
criminal penalties for unauthorized use or disclosure of the 
information or identifiers used in the system. The report shall be 
submitted at least--
          (A) 60 days before the date the change is to be carried out 
        if the change is not a major change;
          (B) one year before the date the change is to be carried out 
        if the change is a major change as defined by subsection (a)(3) 
        of this section; or
          (C) 2 years before the date the change is to be carried out 
        if the change is a major change as defined by subsection (a)(1) 
        or (2) of this section.
  (2) The President shall publish promptly in the Federal Register the 
substance of a major change reported to Congress under this subsection.
  (e) Congressional Review of Major Changes.--(1) The Committees on the 
Judiciary of the Senate and the House of Representatives shall--
          (A) publish in the Congressional Record the substance of a 
        major change submitted by the President under subsection (d) of 
        this section;
          (B) hold hearings on the feasibility and desirability of the 
        change; and
          (C) within the 2-year period before the change is to be 
        carried out, report to their respective Houses findings on 
        whether the change should be made.
  (2) A major change may be carried out only if an amount is 
appropriated by law specifically to carry out the change.
  (f) Payment of Costs.--Costs incurred under this section in 
developing and carrying out a change described by subsection (a)(3) of 
this section may not be paid out of a trust fund established under the 
Social Security Act (42 U.S.C. 301 et seq.).
  (g) Demonstration Projects.--The President may undertake 
demonstration projects consistent with subsection (c) of this section 
of different changes in the system. A project may not be for more than 
3 years. The President shall report to Congress on the results of each 
project conducted under this subsection.

Sec. 11105. Compliance

  (a) Complaints and Investigations.--The Attorney General shall 
establish procedures for--
          (1) a person to file a written, signed complaint of a 
        violation of section 11102 or 11107(a) of this title;
          (2) investigating a complaint that, on its face, has a 
        substantial probability of validity;
          (3) investigating other violations of section 11102 or 
        11107(a) of this title that the Attorney General considers 
        appropriate; and
          (4) designating a unit in the Immigration and Naturalization 
        Service that has, as its primary duty, the prosecution under 
        this section of violations of section 11102 or 11107(a) of this 
        title.
  (b) Authority in Conducting Investigations and Hearings.--(1) In 
conducting an investigation or hearing under this section--
          (A) the immigration officer or administrative law judge 
        conducting the investigation or hearing shall have reasonable 
        access to examine evidence of a person being investigated; and
          (B) the administrative law judge may subpena, if necessary, 
        the attendance of witnesses and the production of evidence at 
        any designated place.
  (2) If a person disobeys a subpena issued under this subsection, an 
appropriate district court of the United States, on application by the 
Attorney General, may issue an order to comply with the subpena. The 
court may punish a failure to comply with the order of the court as a 
contempt of court.
  (c) Hearings.--(1) The Attorney General may issue an order referred 
to in subsections (d)-(f) of this section against a person for 
violating section 11102 or 11107(a) of this title only after notice and 
an opportunity for a hearing. A hearing must be requested within a 
reasonable time (established by the Attorney General, but at least 30 
days) after the date of the notice.
  (2) If a timely request for a hearing is not made, the Attorney 
General may issue an order referred to in subsections (d)-(f) of this 
section without a hearing.
  (3) If a timely request for a hearing is made, the hearing shall be 
conducted by an administrative law judge as provided by section 554 of 
title 5 at the nearest practicable place to the place where the person 
resides or the alleged violation occurred. If the judge finds by a 
preponderance of the evidence that the person has violated section 
11102 or 11107(a) of this title, the judge shall--
          (A) state findings of fact; and
          (B) issue and have served on the person an order referred to 
        in subsections (d)-(f) of this section.
  (d) Orders Involving Hiring, Recruiting, and Referral Violations.--
(1) For a violation of section 11102(a)(1)(A) or (2) of this title, an 
order issued under this section--
          (A) shall require the person to cease and desist from the 
        violation and to pay a civil penalty of--
                  (i) at least $250, but not more than $2,000, for each 
                unauthorized alien involved in the violation;
                  (ii) at least $2,000, but not more than $5,000, for 
                each unauthorized alien involved in the violation if 
                the person previously was subject to one order under 
                this subsection; or
                  (iii) at least $3,000, but not more than $10,000, for 
                each unauthorized alien involved in the violation if 
                the person previously was subject to more than one 
                order under this subsection; and
          (B) may require the person--
                  (i) to comply for not more than 3 years with section 
                11103 of this title or, if applicable, with section 
                11104 of this title, for individuals hired or recruited 
                or referred for a fee; and
                  (ii) to take other appropriate remedial action.
  (2) In applying this subsection, if an entity is composed of 
distinct, physically separate subdivisions each of which provides 
separately for the hiring, recruiting, or referring for employment, 
without reference to the practices of, and not under control of or 
common control with, another subdivision, each subdivision is deemed a 
separate entity.
  (e) Orders Involving Paperwork Violations.--For a violation of 
section 11102(a)(1)(B) or (C) of this title, an order issued under this 
section shall require the person to pay a civil penalty of at least 
$100, but not more than $1,000, for each individual about whom the 
violation occurred. In deciding on the amount of the penalty, 
consideration shall be given to--
          (1) the size of the business of the person;
          (2) the good faith of the person;
          (3) the seriousness of the violation;
          (4) whether the individual was an unauthorized alien; and
          (5) any history of prior violations.
  (f) Orders Involving Indemnity Violations.--For a violation of 
section 11107(a) of this title, an order issued under this section may 
provide for the penalty described by section 11107(b) of this title.
  (g) Finality of Decisions and Orders.--The decision and order of an 
administrative law judge under this section become the final decision 
and order of the Attorney General unless the Attorney General changes 
or vacates the decision and order within 30 days after the date of the 
decision and order. The Attorney General may not delegate the Attorney 
General's authority under this subsection to a person having review 
authority over immigration-related matters.
  (h) Judicial Review.--(1) Except as provided by paragraph (2) of this 
subsection, a person adversely affected by a final order imposing a 
civil penalty under this section may file a petition for review of the 
order in the court of appeals for the appropriate circuit within 45 
days after the date the final order is issued.
  (2) An order of the Attorney General issued without a hearing as 
provided by subsection (c)(2) of this section is not appealable.
  (i) Enforcement of Orders.--If a person does not comply with a final 
order issued under this section, the Attorney General shall bring a 
civil action in an appropriate district court of the United States to 
seek compliance with the order. The validity and appropriateness of the 
order may not be reviewed in the action.

Sec. 11106. Criminal penalties and civil actions for pattern or practice 
violations

  (a) Criminal Penalty.--A person engaging in a pattern or practice of 
violations of section 11102(a)(1)(A) or (2) of this title shall be 
fined not more than $3,000 for each unauthorized alien involved in a 
violation (notwithstanding the provisions of title 18 on the amount of 
fines), imprisoned for not more than 6 months for the entire pattern or 
practice, or both.
  (b) Civil Actions.--If the Attorney General has reason to believe 
that a person is engaged in a pattern or practice of employment, 
recruitment, or referral in violation of section 11102(a)(1)(A) or (2) 
of this title, the Attorney General may bring a civil action in the 
appropriate district court of the United States for relief the Attorney 
General considers necessary.

Sec. 11107. Indemnity prohibition

  (a) General.--A person hiring, recruiting, or referring an individual 
for employment may not require the individual to post a bond or 
security, to pay or agree to pay an amount, or to give another 
financial guarantee or indemnity, against potential liability arising 
under this chapter related to the hiring, recruiting, or referral.
  (b) Civil Penalty.--After notice and an opportunity for a hearing 
under section 11105 of this title, a person found to have violated 
subsection (a) of this section--
          (1) is liable to the United States Government for a civil 
        penalty of $1,000; and
          (2) may be ordered administratively to return any amount 
        received in violation of subsection (a) of this section to the 
        individual or, if the individual cannot be located, to pay that 
        amount to the general fund of the Treasury.

Sec. 11108. Conspicuous statement requirement

  In providing for the documentation or endorsement of authorization 
for employment in the United States for an alien (except an alien 
lawfully admitted for permanent residence), the Attorney General shall 
provide that a limitation on the period or type of employment or 
employer be stated conspicuously on the documentation or endorsement.

Sec. 11109. Preemption of State and local law

  This chapter preempts State and local law imposing a civil or 
criminal penalty (except through licensing and similar laws) on a 
person employing, or recruiting or referring for a fee for employment, 
an unauthorized alien.

      CHAPTER 113--IMMIGRATION-RELATED UNFAIR EMPLOYMENT PRACTICES

Sec.
11301.  Definitions.
11302.  Immigration-related unfair employment practices.
11303.  Special Counsel for Immigration-Related Unfair Employment 
          Practices.
11304.  Filing charges of unfair practices.
11305.  Investigating charges and filing complaints.
11306.  Hearings on complaints.
11307.  Authority in conducting investigations and hearings.
11308.  Orders of administrative law judges.
11309.  Judicial review of final orders.
11310.  Judicial enforcement of administrative orders.
11311.  Attorney fees.
11312.  Certain agency authority not affected.

Sec. 11301. Definitions

  In this chapter--
          (1) ``protected individual''--
                  (A) means an individual who is--
                          (i) a national of the United States; or
                          (ii) an alien lawfully admitted for permanent 
                        residence, lawfully admitted for temporary 
                        residence under section 9302 of this title or 
                        section 210(a) or 210A(a) of the Immigration 
                        and Nationality Act (66 Stat. 163), admitted as 
                        a refugee under section 5105 of this title, or 
                        granted asylum under section 5106 of this 
                        title; but
                  (B) does not include an alien who--
                          (i) did not apply for naturalization within 6 
                        months after first becoming eligible (because 
                        of a period of lawful permanent residence) to 
                        apply, or, if later, before May 7, 1987; or
                          (ii) timely applied but was not naturalized 
                        within 2 years after applying (excluding time 
                        taken by the Immigration and Naturalization 
                        Service in processing the application), unless 
                        the alien establishes that the alien is 
                        actively pursuing naturalization.
          (2) ``person'', in addition to its meaning under section 1 of 
        title 1, includes a governmental authority.

Sec. 11302. Immigration-related unfair employment practices

  (a) Immigration-Related Unfair Employment Practices.--It is an 
immigration-related unfair employment practice for a person--
          (1) to discriminate against an individual (except an 
        unauthorized alien as defined by section 11101(2) of this 
        title) in hiring, or recruiting or referring for employment for 
        a fee, the individual or discharging the individual from 
        employment because of the individual's national origin or, if 
        the individual is a protected individual, because of the 
        individual's citizenship status; or
          (2) after November 28, 1990, to intimidate, threaten, coerce, 
        or retaliate against an individual--
                  (A) for the purpose of interfering with a right or 
                privilege under this chapter; or
                  (B) because the individual intends to file or has 
                filed a charge or complaint or assisted or participated 
                in an investigation or proceeding under this chapter.
  (b) Certain Document Practices as Being Unfair.--After November 28, 
1990, it is deemed to be an immigration-related unfair employment 
practice under subsection (a)(1) of this section related to the hiring 
of an individual, for a person to request, to satisfy the requirements 
of section 11103 of this title, more or different documents than are 
required under section 11103 or to refuse to honor a document that on 
its face reasonably appears to be genuine.
  (c) Nonapplication.--Subsection (a)(1) of this section does not apply 
to--
          (1) a person employing fewer than 4 employees;
          (2) discrimination by a person because of an individual's 
        national origin if the discrimination by that person against 
        that individual is covered by section 703 of the Civil Rights 
        Act of 1964 (42 U.S.C. 2000e-2); or
          (3) discrimination because of citizenship status that is--
                  (A) required to comply with a law, a regulation, or 
                an executive order;
                  (B) required by a contract of the United States 
                Government or a State or local government; or
                  (C) found by the Attorney General to be essential for 
                an employer to do business with an agency of the 
                Government or a State or local government.
  (d) Preference for Equally Qualified Nationals.--It is not an 
immigration-related unfair employment practice for a person to hire, 
recruit, or refer an individual who is a national of the United States 
instead of an individual who is an alien if both individuals are 
equally qualified.

Sec. 11303. Special Counsel for Immigration-Related Unfair Employment 
Practices

  (a) Appointment.--The President shall appoint, by and with the advice 
and consent of the Senate, a Special Counsel for Immigration-Related 
Unfair Employment Practices. The Special Counsel serves in the 
Department of Justice for a term of 4 years. When the position is 
vacant, the President may designate an officer or employee of the 
United States Government to act as Special Counsel during the vacancy.
  (b) Duties and Powers.--The Special Counsel shall carry out the 
duties and powers given the Special Counsel under this chapter.
  (c) Dissemination of Information.--(1) In cooperation with the 
Chairman of the Equal Employment Opportunity Commission, the Secretary 
of Labor, and the Administrator of the Small Business Administration, 
the Special Counsel shall conduct a campaign--
          (A) to disseminate information on the rights and remedies 
        prescribed under this chapter and title VII of the Civil Rights 
        Act of 1964 (42 U.S.C. 2000e et seq.) related to immigration-
        related unfair employment practices; and
          (B) to increase the knowledge of employers, employees, and 
        the public about employer and employee rights, 
        responsibilities, and remedies under this chapter and title 
        VII.
  (2) To carry out this subsection, the Special Counsel--
          (A) to the extent considered appropriate and subject to the 
        availability of appropriations, may make contracts with public 
        and private organizations for outreach activities under the 
        campaign; and
          (B) shall consult with the Chairman, the Secretary, and the 
        heads of other appropriate departments, agencies, and 
        instrumentalities of the United States Government.
  (3) Not more than $10,000,000 may be appropriated for each fiscal 
year to carry out this subsection.
  (d) Compensation.--The Special Counsel is entitled to a rate of pay 
that is not more than the rate for GS-17.
  (e) Regional Offices.--Under regulations prescribed by the Attorney 
General, the Special Counsel shall establish regional offices necessary 
to carry out the duties and powers of the Special Counsel.

Sec. 11304. Filing charges of unfair practices

  (a) Filing Charges.--(1) Except as provided by subsection (c) of this 
section, a charge of an immigration-related unfair employment practice 
may be filed with the Special Counsel for Immigration-Related Unfair 
Employment Practices by--
          (A) a person alleging to be adversely affected directly by 
        the practice, or by another person for that person; or
          (B) an officer of the Immigration and Naturalization Service 
        alleging that the practice has occurred or is occurring.
  (2) A charge filed under this subsection must be in writing and under 
oath and contain information the Attorney General requires.
  (b) Service of Notice of Charges.--The Special Counsel shall serve a 
notice of a charge filed under subsection (a) of this section 
(including the date, place, and circumstances of the alleged practice) 
on the person alleged to have committed the practice. The notice shall 
be served by certified mail not later than 10 days after the charge is 
filed.
  (c) Limitations on Filing Charges.--A charge of an immigration-
related unfair employment practice involving discrimination because of 
national origin may not be filed under this section if a charge of that 
practice based on the same set of facts has been filed with the Equal 
Employment Opportunity Commission under title VII of the Civil Rights 
Act of 1964 (42 U.S.C. 2000e et seq.), unless the charge is dismissed 
as being outside the scope of title VII. A charge about an employment 
practice may not be filed with the Equal Employment Opportunity 
Commission under title VII if a charge about that practice based on the 
same set of facts has been filed under this section, unless the charge 
is dismissed as being outside the scope of this chapter.

Sec. 11305. Investigating charges and filing complaints

  (a) Special Counsel.--(1) The Special Counsel for Immigration-Related 
Unfair Employment Practices shall investigate each charge filed under 
section 11304 of this title. Not later than 120 days after the charge 
has been filed, the Special Counsel shall decide whether there is 
reasonable cause to believe the charge is true and whether to file a 
complaint about the charge with an administrative law judge.
  (2) On the Special Counsel's own initiative, the Special Counsel may 
investigate an immigration-related unfair employment practice and, 
subject to subsection (c) of this section, file a complaint about the 
practice with an administrative law judge.
  (3) Failure to file a complaint within the 120-day period does not 
prevent the Special Counsel from investigating the charge or filing a 
complaint with an administrative law judge during the 90-day period 
referred to in subsection (b) of this section.
  (b) Private Actions.--Subject to subsection (c) of this section, if a 
charge alleges knowing and intentional discriminatory activity or a 
pattern or practice of discriminatory activity, and the Special Counsel 
does not file a complaint with an administrative law judge within 120 
days after the charge is filed with the Special Counsel under 
subsection (a)(1) of this section, the Special Counsel shall notify the 
person that filed the charge during the 120-day period of the decision 
not to file a complaint. The person may file a complaint directly with 
an administrative law judge not later than 90 days after receiving the 
notice.
  (c) Time Limitation.--A complaint about an immigration-related unfair 
employment practice may not be filed with an administrative law judge 
if the practice occurred more than 180 days before the charge about 
that practice was filed with the Special Counsel. This subsection does 
not prevent subsequently amending a charge or complaint under section 
11306(c)(1) of this title.
  (d) Discrimination Deemed To Have Occurred.--An individual 
intimidated, threatened, coerced, or retaliated against in violation of 
section 11302(a)(2) of this title is deemed to have been discriminated 
against under this section.

Sec. 11306. Hearings on complaints

  (a) Designating Administrative Law Judges.--A hearing on a complaint 
alleging an immigration-related unfair employment practice shall be 
conducted by an administrative law judge who--
          (1) is specially designated by the Attorney General as having 
        special training in employment discrimination; and
          (2) to the extent possible, conducts hearings only on 
        complaints involving immigration-related unfair employment 
        practices under this chapter.
  (b) Notice of Hearings.--When a complaint alleging an immigration-
related unfair employment practice is filed with an administrative law 
judge, the judge shall issue and have served on the person named in the 
complaint a copy of the complaint and a notice of the hearing. The date 
of the hearing shall be at least 5 days after the complaint is served.
  (c) Pleadings, Appearances, and Parties.--(1) On motion of the party 
that filed the complaint, the judge may amend the complaint at any time 
before issuing an order based on the complaint.
  (2) The person named in the complaint may file an answer to the 
original or amended complaint, appear in person or otherwise, and 
present testimony.
  (3) The person that filed the charge with the Special Counsel for 
Immigration-Related Unfair Employment Practices is a party to the 
proceeding before the judge and in any appeal from that proceeding.
  (4) The judge conducting the hearing may allow any other person to 
intervene and to present testimony.
  (d) Transcript and Additional Testimony or Argument.--A transcript 
shall be prepared of the testimony in the hearing. After the transcript 
is prepared, the judge, by notice, may provide for further testimony or 
hear argument.

Sec. 11307. Authority in conducting investigations and hearings

  (a) General.--In conducting an investigation or hearing under this 
chapter--
          (1) the Special Counsel for Immigration-Related Unfair 
        Employment Practices and the administrative law judge 
        conducting the investigation or hearing, under regulations 
        prescribed by the Attorney General, shall have reasonable 
        access to examine evidence of a person being investigated; and
          (2) the administrative law judge may subpena the attendance 
        of witnesses and the production of evidence at any designated 
        place.
  (b) Judicial Enforcement of Subpenas.--If a person disobeys a subpena 
issued under subsection (a)(2) of this section, an appropriate district 
court of the United States, on application by the administrative law 
judge, may issue an order to comply with the subpena. The court may 
punish a failure to comply with the order of the court as a contempt of 
court.

Sec. 11308. Orders of administrative law judges

  (a) General.--In a proceeding by an administrative law judge under 
this chapter, the judge shall issue an order and have the order served 
on the parties to the proceeding. The order is final unless a petition 
for review is filed under section 11309 of this title.
  (b) Orders Finding Unfair Practices.--(1) If the administrative law 
judge finds by a preponderance of the evidence that the person named in 
the complaint has engaged, or is engaging, in an immigration-related 
unfair employment practice, the judge shall state findings of fact 
about the practice and issue and have served on the person an order 
requiring the person to cease and desist from the practice.
  (2) The order also may require the person--
          (A) to comply with section 11103 of this title for not more 
        than 3 years;
          (B) to retain for not more than 3 years, and only for use as 
        provided under section 11103(e) of this title, the name and 
        address of each individual applying (whether in person or in 
        writing) for an existing position, or for recruitment or 
        referral for a fee, for employment in the United States;
          (C) to hire an individual directly and adversely affected, 
        with or without back pay;
          (D) to pay to the United States Government a civil penalty 
        of--
                  (i) at least $250, but not more than $2,000, for each 
                individual discriminated against;
                  (ii) at least $2,000, but not more than $5,000, for 
                each individual discriminated against if the person 
                previously was subject to an order under this 
                subsection;
                  (iii) at least $3,000, but not more than $10,000, for 
                each individual discriminated against if the person 
                previously was subject to more than one order under 
                this subsection; or
                  (iv) at least $100, but not more than $1,000, for 
                each individual discriminated against, for an 
                immigration-related unfair employment practice 
                described by section 11302(b) of this title;
          (E) to post notices to employees about their rights under 
        this chapter and the obligations of employers under chapter 111 
        of this title;
          (F) to educate all personnel involved in hiring or complying 
        with this chapter and chapter 111 of this title about the 
        requirements of this chapter and chapter 111;
          (G) to remove, as appropriate, a false performance review or 
        false warning from an employee's personnel file; and
          (H) to lift, as appropriate, a restriction on an employee's 
        assignments, work shifts, or movements.
  (3) An order of back pay under paragraph (2)(C) of this subsection 
may not require back pay for more than the 2-year period occurring 
before the charge was filed with the Special Counsel for Immigration-
Related Unfair Employment Practices. Back pay otherwise allowable shall 
be reduced by amounts earned, or earnable with reasonable diligence, 
during the period covered by the back pay order. An order may require 
hiring an individual or paying back pay to an individual only if the 
individual was refused employment for discrimination because of 
national origin or citizenship status.
  (4) In applying this section, if an entity is composed of distinct, 
physically separate subdivisions each of which provides separately for 
the hiring, recruiting, or referring for employment, without reference 
to the practices of, and not under control of or common control with, 
another subdivision, each subdivision is deemed a separate entity.
  (c) Discrimination Deemed To Have Occurred.--An individual 
intimidated, threatened, coerced, or retaliated against in violation of 
section 11302(a)(2) of this title is deemed to have been discriminated 
against under this section.
  (d) Orders Finding No Unfair Practices.--If the administrative law 
judge finds by a preponderance of the evidence that the person named in 
the complaint has not engaged, and is not engaging, in an immigration-
related unfair employment practice, the judge shall state findings of 
fact about such a practice not existing and issue an order dismissing 
the complaint.

Sec. 11309. Judicial review of final orders

  (a) General.--A person adversely affected by a final order issued by 
an administrative law judge under section 11308 of this title may file 
a petition for review of the order in the court of appeals of the 
United States for the circuit in which the alleged unfair practice 
occurred or in which the employer resides or does business. The 
petition must be filed within 60 days after the date the final order is 
issued.
  (b) Exclusive Jurisdiction.--When the record of the proceedings is 
filed with the court, the court has exclusive jurisdiction to review 
the order.

Sec. 11310. Judicial enforcement of administrative orders

  (a) Civil Actions for Enforcement.--If a petition for review of an 
order of an administrative law judge under section 11308 of this title 
is not filed under section 11309 of this title, the Special Counsel for 
Immigration-Related Unfair Employment Practices or, if the Special 
Counsel does not act, the person that filed the charge with the Special 
Counsel, may bring a civil action to enforce the order. The action must 
be brought in the district court of the United States for the judicial 
district in which a violation of the order is alleged to have occurred 
or in which the person against whom the order is directed resides or 
does business. The order of the administrative law judge may not be 
reviewed in the action.
  (b) Enforcement by Court of Appeals in Original Review.--If the court 
of appeals does not reverse an order of an administrative law judge 
reviewed under section 11309 of this title, the court may issue an 
order enforcing the order of the judge.

Sec. 11311. Attorney fees

  In a proceeding before an administrative law judge under this 
chapter, or in a judicial proceeding for review or enforcement of an 
order of an administrative law judge under section 11308 of this 
chapter, the prevailing party (except the United States Government) may 
be awarded reasonable attorney fees if the losing party's argument is 
without reasonable foundation in law and fact.

Sec. 11312. Certain agency authority not affected

  Except as specifically provided by this chapter, this chapter does 
not affect the authority of the Equal Employment Opportunity Commission 
to investigate allegations of unlawful employment practices.

SUBTITLE IV--REFUGEE AND IMMIGRANT PROGRAMS

Chapter                                                             Sec.

REFUGEE COORDINATION AND ASSISTANCE................................13101
INTERNATIONAL PARTICIPATION AND EMERGENCY ASSISTANCE...............13301
IMMIGRANT EDUCATION ASSISTANCE.....................................13501
STATE LEGALIZATION IMPACT-ASSISTANCE GRANTS........................13701
REIMBURSEMENT FOR COSTS OF IMPRISONING CUBAN NATIONALS AND ILLEGAL 
ALIENS.............................................................13901

            CHAPTER 131--REFUGEE COORDINATION AND ASSISTANCE

                    SUBCHAPTER I--POLICY COORDINATION

Sec.
13101.  United States Coordinator for Refugee Affairs.
13102.  Duties of the United States Coordinator for Refugee Affairs.

                 SUBCHAPTER II--RESETTLEMENT ASSISTANCE

13111.  Congressional intent.
13112.  Definition.
13113.  Office of Refugee Resettlement.
13114.  Initial resettlement assistance programs.
13115.  Initial resettlement assistance grants and contracts.
13116.  Project grants and contracts for services.
13117.  Assistance for refugee children.
13118.  Cash and medical assistance.
13119.  Administrative.
13120.  Annual reports.
13121.  Limitations.
13122.  Authorization of appropriations.

                  SUBCHAPTER III--EDUCATION ASSISTANCE

13131.  Definitions.
13132.  Basic educational services grants.
13133.  Supplementary educational services grants.
13134.  Adult education program grants.
13135.  Applications.
13136.  Use of estimated information and consultation with other 
          agencies.
13137.  State administrative costs.
13138.  Withholding payments.
13139.  Authorization of appropriations and allocation of total amount 
          appropriated.

                SUBCHAPTER IV--CUBAN AND HAITIAN ENTRANTS

13151.  Definition.
13152.  Presidential authority.
13153.  General assistance.

                   SUBCHAPTER I--POLICY COORDINATION

Sec. 13101. United States Coordinator for Refugee Affairs

  The President shall appoint, by and with the advice and consent of 
the Senate, a United States Coordinator for Refugee Affairs. The 
Coordinator has the rank of ambassador at large.

Sec. 13102. Duties of the United States Coordinator for Refugee Affairs

  (a) General Authority.--The United States Coordinator for Refugee 
Affairs is responsible--
          (1) to the President in carrying out this section;
          (2) for developing overall United States refugee admission 
        and resettlement policy;
          (3) for coordinating all United States domestic and 
        international refugee admission and resettlement programs in a 
        way that ensures that policy objectives are met timely;
          (4) for designing an overall budget strategy to provide 
        individual agencies with policy guidance on refugee matters in 
        preparing their budget requests, and to provide the Director of 
        the Office of Management and Budget with an overview of all 
        refugee-related budget requests;
          (5) for presenting to Congress the President's overall 
        refugee policy and the relationship of individual agency 
        refugee budgets to the overall policy;
          (6) for advising the President, the Secretary of State, the 
        Attorney General, and the Secretary of Health and Human 
        Services on the relationship of overall United States refugee 
        policy to the admission and resettlement of refugees in the 
        United States;
          (7) for representing the United States Government, under the 
        direction of the Secretary of State, in discussions and 
        negotiations with governments of foreign countries and 
        international organizations on refugee matters and, when 
        appropriate, submitting refugee issues for inclusion in other 
        international negotiations;
          (8) for developing an effective and responsive liaison 
        between the Government and voluntary organizations, Governors, 
        mayors, and others involved in refugee relief and resettlement 
        work to reflect overall Government policy;
          (9) for recommending to the President and to Congress 
        policies, objectives, and priorities on Government duties and 
        powers related to refugee admission and resettlement in the 
        United States; and
          (10) for reviewing regulations, guidelines, requirements, 
        criteria, and procedures of agencies on carrying out duties and 
        powers related to refugee admission and resettlement in the 
        United States.
  (b) Consultation.--In carrying out subsection (a) of this section, 
the Coordinator shall consult regularly with State governments, 
political subdivisions, and private nonprofit voluntary organizations 
on the sponsorship process and the intended distribution of refugees.
  (c) Reports by Secretaries.--The Secretaries of Labor and Education 
shall provide the Coordinator with regular reports describing the 
efforts of their respective departments in increasing refugee access to 
programs within their jurisdictions. The Coordinator shall include 
information on these programs in reports submitted under section 13120 
of this title.

                 SUBCHAPTER II--RESETTLEMENT ASSISTANCE

Sec. 13111. Congressional intent

  It is the intent of Congress that in providing refugee assistance 
under this subchapter--
          (1) employable refugees should be placed in jobs as soon as 
        possible after the refugees arrive in the United States;
          (2) social service expenditures should be focused on 
        employment-related services, instruction in English-as-a-
        second-language (in non-work hours when possible), and case-
        management services; and
          (3) local voluntary organization activities should be carried 
        out in close cooperation and advance consultation with State 
        and local governments.

Sec. 13112. Definition

  In this subchapter, ``refugee'' includes a spouse or child described 
by section 5105(c) of this title.

Sec. 13113. Office of Refugee Resettlement

  (a) Office of Refugee Resettlement.--The Office of Refugee 
Resettlement is an office in the Department of Health and Human 
Services.
  (b) Director.--The head of the Office is a Director appointed by the 
Secretary of Health and Human Services.
  (c) Authority of the Director.--In consultation with, and under the 
general policy guidance of, the United States Coordinator for Refugee 
Affairs, the Director shall carry out this subchapter (directly or 
through arrangements with other agencies) except--
          (1) that the Secretaries of Education, Health and Human 
        Services, and State and the Attorney General may prescribe 
        regulations that each Secretary or the Attorney General 
        considers appropriate to carry out this subchapter; and
          (2) as otherwise provided by this subchapter.

Sec. 13114. Initial resettlement assistance programs

  (a) Education and Training Programs.--The Director of the Office of 
Refugee Resettlement may develop programs of orientation, instruction 
in English, job training, and other education and training of refugees 
that will assist in their resettlement in the United States. The 
programs may be carried out by--
          (1) the Director consistent with this subchapter, for 
        refugees in the United States; and
          (2) the Secretary of State, for refugees waiting to enter the 
        United States.
  (b) Temporary Care Programs.--In consultation with the United States 
Coordinator for Refugee Affairs, the Secretary of Health and Human 
Services may make arrangements (including cooperative arrangements with 
other agencies) for the temporary care of refugees in the United States 
in emergency circumstances, including establishing necessary processing 
centers. In carrying out this subsection, the Secretary may waive 
provisions of law (except section 13121(b) of this title) on making, 
carrying out, and changing contracts and on United States Government 
expenditures.
  (c) Medical Programs.--(1) In consultation with the Coordinator, the 
Secretary of Health and Human Services shall--
          (A) ensure that an adequate number of trained personnel are 
        available at a location at which refugees enter the United 
        States so that all necessary medical records are available and 
        in order;
          (B) provide for identifying refugees with medical conditions 
        affecting the public health and requiring treatment;
          (C) ensure that State and local health officials at a 
        resettlement destination in the United States are notified 
        promptly of the arrival of each refugee and are provided with 
        all applicable medical records; and
          (D) provide for monitoring refugees referred to in clause (B) 
        of this paragraph to ensure that the refugees receive 
        appropriate and timely treatment.
  (2) The Secretary of Health and Human Services shall develop and 
carry out ways to monitor and assess the quality of medical screening 
and related health services provided to refugees waiting to be 
resettled in the United States.

Sec. 13115. Initial resettlement assistance grants and contracts

  (a) General Authority.--(1) The Director of the Office of Refugee 
Resettlement (or other officer if the President decides the Director 
should not administer this subsection) may make grants to, and 
contracts with, public agencies and private nonprofit voluntary 
organizations for the initial resettlement (including the initial 
reception and placement with sponsors) of refugees in the United 
States. A grant to, or contract with, a private nonprofit voluntary 
organization shall be consistent with this subchapter, considering the 
different resettlement approaches and practices of that organization. 
Assistance under this subsection shall be provided in coordination with 
other assistance provided under this subchapter. The administering 
agency shall use the criteria described by subsection (c) of this 
section in awarding or renewing a grant or contract under this section.
  (2) An amount provided to an agency or organization under a grant or 
contract may be obligated or expended only during the fiscal year in 
which the amount is provided, or a subsequent fiscal period approved by 
the administering agency or officer making the contract, to carry out 
this section.
  (b) Requirements.--(1) Each grant and contract to an agency or 
organization under subsection (a) of this section shall require that 
the agency or organization--
          (A) provide quarterly performance and financial status 
        reports to the administering agency;
          (B) provide notice--
                  (i) to the appropriate local welfare office or its 
                local affiliate when the agency or organization 
                receiving the grant or contract becomes aware that a 
                refugee is offered employment; and
                  (ii) to the refugee that notice to the local welfare 
                office or affiliate has been given;
          (C) when requested by a local welfare office to which a 
        refugee has applied for cash assistance, provide documentation 
        to that office about cash or other resources provided directly 
        by the agency or organization receiving the grant or contract 
        to the refugee under this section and section 13114 of this 
        title;
          (D) ensure that a refugee, that the agency or organization 
        receiving the grant or contract knows has been identified under 
        section 13114(c)(1)(B) of this title as having a medical 
        condition affecting the public health and requiring treatment, 
        reports to the appropriate health agency when the refugee 
        resettles in an area;
          (E) fulfill its responsibility to provide for the basic needs 
        (including food, clothing, shelter, and transportation for job 
        interviews and training) of each refugee resettled, to develop 
        and carry out a resettlement plan (including the early 
        employment of each refugee resettled), and to monitor how the 
        plan is being carried out; and
          (F) submit to the administering agency an annual report on--
                  (i) the number of refugees placed (by county of 
                placement) and the expenditures made during the year 
                covered by the report under the grant or contract, 
                including the proportion of the expenditures used for 
                administrative purposes and for providing services;
                  (ii) the proportion of refugees that the agency or 
                organization receiving the grant or contract has placed 
                in the prior year who are receiving cash or medical 
                assistance described by section 13118 of this title;
                  (iii) the efforts made by the agency or organization 
                receiving the grant or contract to monitor placement of 
                refugees and the activities of local affiliates of the 
                agency or organization;
                  (iv) the extent to which the agency or organization 
                receiving the grant or contract has coordinated its 
                activities with local social service providers in a way 
                that avoids duplication of activities, has provided 
                notice to the local welfare offices, and has reported 
                medical conditions of certain aliens to local health 
                departments as required under clause (D) of this 
                paragraph; and
                  (v) other information the administering agency 
                considers is appropriate in monitoring the 
                effectiveness of the agency or organization receiving 
                the grant or contract in carrying out its functions 
                under the grant or contract.
  (2) The administering agency shall submit promptly to the Committees 
on the Judiciary of the House of Representatives and the Senate a copy 
of each report submitted under paragraph (1)(F) of this subsection.
  (3) Paragraph (1)(A), (C), and (F) of this subsection applies to a 
grant or contract made or renewed after December 5, 1986. Paragraph 
(1)(E) of this subsection applies to a grant or contract made or 
renewed after May 5, 1987.
  (c) Performance Criteria.--The administering agency shall prescribe 
criteria for the performance of each agency or organization receiving a 
grant or contract under subsection (a) of this section. The prescribed 
criteria shall include criteria related to that agency's or 
organization's--
          (1) efforts to reduce welfare dependency among refugees 
        resettled by the agency or organization;
          (2) collection of travel loans made to refugees resettled by 
        the agency or organization for travel to the United States;
          (3) arrangements for effective local sponsorship and other 
        nonpublic assistance for refugees resettled by the agency or 
        organization;
          (4) cooperation with refugee mutual assistance associations, 
        local social service providers, health agencies, and welfare 
        offices;
          (5) compliance with guidelines established by the Director of 
        the Office of Refugee Resettlement for placing and resettling 
        refugees in the United States; and
          (6) compliance with other requirements contained in the grant 
        or contract, including requirements under subsection (b) of 
        this section.
  (d) Medical Screening and Treatment.--The Director may make a grant 
to, or contract with, a State or local health agency for payments to 
meet the agency's costs of providing medical screening and initial 
medical treatment to refugees.

Sec. 13116. Project grants and contracts for services

  (a) Service Projects.--(1) The Director of the Office of Refugee 
Resettlement may make grants to, and contracts with, public agencies 
and private nonprofit voluntary organizations for projects specifically 
designed--
          (A) to assist refugees in obtaining skills necessary for 
        economic self-sufficiency, including projects for job training, 
        employment services, day care, and professional refresher 
        training and other recertification services;
          (B) to provide instruction in English when necessary even 
        when refugees are employed or are receiving assistance; and
          (C) to provide health (including mental health) services, 
        social services, and educational and other services when 
        specific needs have been shown and recognized by the Director.
  (2) Amounts available in a fiscal year for grants and contracts under 
this subsection shall be allocated among the States based on the total 
number of refugees who--
          (A) arrived in the United States within the 36 months before 
        the beginning of the fiscal year; and
          (B) actually are residing in each State (taking into account 
        secondary migration) at the beginning of the fiscal year.
  (3) A limitation that the Director establishes on that part of 
amounts allocated to a State under this subsection that the State may 
use for services (except those services described by section 13111(2) 
of this title) does not apply if the Director--
          (A) receives a plan that has been established by or with the 
        consultation of political subdivisions; and
          (B) decides that the plan provides for the maximum 
        appropriate employment services for, and the maximum placement 
        of, employable refugees consistent with the performance 
        standards established under section 106 of the Job Training 
        Partnership Act (29 U.S.C. 1516).
  (b) Targeted Assistance Project Grants.--(1) The Director may make a 
grant to a State for assistance to a political subdivision in the State 
that has a demonstrated specific need for additional available 
resources for providing services to refugees because of factors such 
as--
          (A) an unusually large refugee population (including 
        secondary migration);
          (B) high refugee concentrations; and
          (C) high use of public assistance by refugees.
  (2) The Director shall make a grant under this subsection--
          (A) primarily to facilitate refugee employment and self-
        sufficiency; and
          (B) in a way that does not supplant amounts available under 
        other refugee programs and ensures that at least 95 percent of 
        the amount of the grant is made available to the political 
        subdivision.
  (c) Maintaining Level of Service Projects.--To the extent of 
available appropriations, the Director may not--
          (1) reduce the maximum average contribution level of the 
        United States Government for each refugee in the voluntary 
        agency program, known as the matching grant program and 
        financed under subsection (a) of this section, below the level 
        in effect under the program for grants in the fiscal year that 
        ended September 30, 1985; or
          (2) increase the percentage grantee matching requirement 
        under the program above the percentage in effect under the 
        program for grants in the fiscal year that ended September 30, 
        1985.

Sec. 13117. Assistance for refugee children

  (a) Special Educational Services.--Where a need is shown, the 
Secretary of Education may make grants and contracts for projects to 
provide special educational services (including instruction in English) 
to refugee children in elementary and secondary schools.
  (b) Child Welfare Services.--The Director of the Office of Refugee 
Resettlement may provide assistance, reimburse States, and make grants 
to, and contracts with, public agencies and private voluntary nonprofit 
organizations to provide child welfare services (including foster care 
maintenance payments and services and health care) to a refugee child 
during the 36-month period that begins with the first month the child 
is in the United States. If a refugee child is unaccompanied by a 
parent or other close adult relative (as defined by the Director), 
those services may be provided until the month after the child becomes 
18 years of age (or a later age prescribed in the State's child welfare 
services plan under part B of title IV of the Social Security Act (42 
U.S.C. 620 et seq.) for the availability of those services to another 
child in the State).
  (c) Placing Unaccompanied Children.--(1) The Director shall try to 
arrange, under the laws of the States, to place an unaccompanied 
refugee child referred to in subsection (b) of this section who has 
been accepted for admission to the United States. The Director shall 
make the arrangements before or as soon as possible after the child 
arrives in the United States. If necessary, the Director shall assume 
legal and financial responsibility for the child during the period 
before the child is placed when the child is in the United States or is 
traveling to the United States. The Director may make necessary 
decisions to provide for the child's immediate care.
  (2) In carrying out this subsection, the Director may make contracts 
with appropriate public agencies and private nonprofit voluntary 
organizations under conditions the Director considers appropriate.
  (3) The Director shall maintain a list of--
          (A) all unaccompanied refugee children who have entered the 
        United States after April 1, 1975;
          (B) the name and last known residence of each living parent 
        of each of those children at the child's time of arrival; and
          (C) the locations, status, and progress of the children.

Sec. 13118. Cash and medical assistance

  (a) General Authority.--The Director of the Office of Refugee 
Resettlement may provide assistance, reimburse States, and make grants 
to, and contracts with, public agencies and private nonprofit voluntary 
organizations for 100 percent of the cash and medical assistance 
provided to a refugee during the 36-month period that begins with the 
first month the refugee enters the United States. The Director also may 
pay for the identifiable and reasonable administrative costs of 
providing the assistance.
  (b) Conditions and Limitation.--(1) Except for good cause shown, cash 
assistance may be provided to an employable refugee under this section 
only if the refugee--
          (A) registers with an appropriate public agency or private 
        nonprofit voluntary organization providing employment services 
        described by section 13116(a)(1)(A) of this title, or, if such 
        an agency or organization is not available, with an appropriate 
        State or local employment service;
          (B) participates in an available and appropriate service or 
        targeted assistance project grant financed under section 13116 
        of this title providing job or language training in the area in 
        which the refugee resides; and
          (C) accepts an appropriate offer of employment.
  (2)(A) Cash assistance provided under this section shall be suspended 
for any alien entering the United States as a refugee after March 31, 
1987, who refuses--
          (i) an offer of employment that the public agency or private 
        nonprofit voluntary organization providing initial resettlement 
        assistance under section 13115(a) of this title or the 
        appropriate State or local employment service decides is 
        appropriate;
          (ii) to go to a job interview that has been arranged through 
        the agency, organization, or employment service; or
          (iii) to participate in a service or targeted assistance 
        project grant referred to in paragraph (1)(B) of this 
        subsection that the agency, organization, or employment service 
        decides is available and appropriate.
  (B) The assistance shall be suspended for 3 months for the first 
refusal and for 6 months for any subsequent refusal. The refugee shall 
be given an opportunity for a proceeding before cash assistance is 
suspended.
  (3) A refugee who is a full-time student in an institution of higher 
education, as defined by the Director after consultation with the 
Secretary of Education, may not receive cash assistance.
  (c) Instruction and Training for Refugees Receiving Assistance.--The 
Director shall develop plans to provide instruction in English and 
other appropriate services and training to a refugee receiving cash 
assistance.
  (d) Limitation on Use of Amounts.--If a refugee is eligible for aid 
or assistance under a State plan approved under part A of title IV or 
under title XIX of the Social Security Act (42 U.S.C. 601 et seq., 1396 
et seq.) or for supplemental security income benefits (including State 
supplementary payments) under the program established under title XVI 
of that Act (42 U.S.C. 1381 et seq.), amounts to carry out this section 
may be used only to pay the part of the aid or assistance not paid by 
the United States Government under part A of title IV or under title 
XIX for cash and medical assistance provided the refugee, and for State 
supplementary payments.
  (e) Medical Assistance for Refugees Otherwise Ineligible.--During the 
one-year period after a refugee enters the United States, the Director 
may authorize medical assistance of the kind provided under subsection 
(a) of this section to a refugee if--
          (1) the refugee does not qualify for assistance under a State 
        plan approved under title XIX of that Act (42 U.S.C. 1396 et 
        seq.) because of financial resources or income requirements of 
        the plan; and
          (2) the Director decides that--
                  (A) providing the medical services will encourage 
                economic self-sufficiency or avoid a significant burden 
                on State and local governments; and
                  (B) the refugee meets alternative financial resources 
                and income requirements the Director establishes.
  (f) Alternative Assistance Projects.--(1) The Secretary of Health and 
Human Services shall develop and carry out alternative projects for 
refugees who have been in the United States less than 36 months. The 
projects shall provide refugees with interim support, medical services, 
support services, and case-management services, as needed, in a way 
that encourages self-sufficiency, reduces welfare dependency, and 
fosters greater coordination among public agencies, private nonprofit 
voluntary organizations providing resettlement assistance, and service 
providers. The Secretary may provide an alternative project to cover a 
specific group of refugees who have been in the United States at least 
36 months if the Secretary decides that--
          (A) refugees in the group have been significantly and 
        disproportionately dependent on welfare;
          (B) those refugees need the services provided under the 
        project to become self-sufficient; and
          (C) including those refugees under the project would be cost-
        effective.
  (2) A refugee in an alternative project may not receive cash or 
medical assistance under another subsection of this section or under 
part A of title IV or under title XIX of that Act (42 U.S.C. 601 et 
seq., 1396 et seq.).
  (3) Amounts appropriated to carry out this subchapter, section 13901 
of this title, or part A of title IV or title XIX of that Act (42 
U.S.C. 601 et seq., 1396 et seq.) may be used to carry out and evaluate 
alternative projects under this subsection, to the extent the use of 
those amounts is consistent with the purposes of this subchapter, 
section 13901, part A of title IV, and title XIX.
  (g) Notification of Application by Refugee for Assistance.--As a 
condition for receiving assistance, reimbursement, or a contract under 
this section, a State, public agency, or private nonprofit voluntary 
organization must ensure that when a refugee applies for cash or 
medical assistance for which assistance or reimbursement is provided 
under this section, the State, agency, or organization will notify 
promptly the agency or organization (or local affiliate of the 
organization) that provided for the initial resettlement of the refugee 
under section 13115(a) of this title that the refugee has applied for 
the assistance.

Sec. 13119. Administrative

  (a) Authority of the Director.--In providing assistance under this 
subchapter, the Director of the Office of Refugee Resettlement, to the 
extent of available appropriations--
          (1) shall make available sufficient resources for employment 
        training and placement to permit refugees to achieve economic 
        self-sufficiency as soon as possible;
          (2) shall provide refugees with the opportunity to acquire 
        sufficient instruction in English to enable them to become 
        resettled effectively as quickly as possible;
          (3) shall ensure that cash assistance is made available to 
        refugees as provided under section 13118(b) of this title in a 
        way that will not discourage economic self-sufficiency;
          (4) shall ensure that women have the same opportunities as 
        men to participate in training and instruction;
          (5) shall make a periodic assessment, based on refugee 
        population and other relevant factors, of the relative needs of 
        refugees for assistance and services under this subchapter and 
        the resources available to meet those needs;
          (6) in allocating resources, shall avoid duplicating services 
        and provide for maximum coordination among agencies and 
        organizations providing related services; and
          (7) shall compile and maintain information on--
                  (A) the secondary migration of refugees in the United 
                States; and
                  (B) the proportion of refugees, by State of residence 
                and nationality, receiving cash or medical assistance 
                described by section 13118 of this title.
  (b) Limitation on Delegation.--The Director may not delegate to a 
State government or political subdivision authority to review or 
approve a grant or contract under this subchapter or the terms under 
which a grant or contract is made.
  (c) Nondiscrimination.--Assistance and services under this subchapter 
shall be provided to refugees without regard to race, religion, 
nationality, sex, or political opinion.
  (d) Consultation with State and Local Governments and 
Organizations.--(1) The Director and the administering agency under 
section 13115(a) of this title, together with the United States 
Coordinator for Refugee Affairs, shall consult at least quarterly with 
State governments, political subdivisions, and private nonprofit 
voluntary organizations on the sponsorship process and the intended 
distribution of refugees among the States and political subdivisions 
before placing refugees in each of the States and political 
subdivisions.
  (2) In consultation with representatives of private nonprofit 
voluntary organizations, State governments, and political subdivisions, 
the Director shall develop and carry out policies and strategies for 
placing and resettling refugees in the United States. To the extent 
practicable and except under unusual circumstances the Director may 
recognize, the policies and strategies shall--
          (A) ensure that a refugee is not placed or resettled 
        initially in an area highly impacted (as decided under 
        regulations prescribed by the Director after consultation with 
        private nonprofit voluntary organizations, State governments, 
        and political subdivisions) by the presence of refugees or 
        comparable populations unless the refugee has a spouse, parent, 
        sibling, or child residing in that area;
          (B) provide for a mechanism for representatives of local 
        affiliates of private nonprofit voluntary organizations to meet 
        at least quarterly with representatives of State governments 
        and political subdivisions to plan and coordinate, in advance 
        of the arrival of the refugees, the appropriate placement of 
        the refugees among the States and political subdivisions; and
          (C) consider--
                  (i) the proportion of refugees and comparable 
                entrants in the population in the area;
                  (ii) the availability of employment opportunities, 
                affordable housing, and public and private resources 
                for refugees in the area, including educational, health 
                care, and mental health services;
                  (iii) the likelihood of refugees placed in the area 
                becoming self-sufficient and free from long-term 
                dependence on public assistance; and
                  (iv) the secondary migration of refugees to and from 
                the area that is likely to occur.
  (3) To the maximum extent possible and consistent with the policies 
and strategies developed under paragraph (2) of this subsection, the 
administering agency under section 13115(a) of this title shall 
consider the recommendations of the State in deciding where to place 
refugees in that State.
  (4) In providing assistance to refugees, a State government or 
political subdivision shall consider the recommendations of, and 
assistance provided by, a public agency or private nonprofit voluntary 
organization receiving a grant or contract under section 13115(a) of 
this title.
  (e) Requirements for Grants and Contracts.--A grant or contract may 
be made under this subchapter only when an appropriate proposal and 
application (that includes a description of the ability of a public 
agency or private nonprofit voluntary organization to provide the 
services specified in the proposal) are submitted to and approved by 
the appropriate administering official. A grant shall be made to, or a 
contract shall be made with, a public agency or private nonprofit 
voluntary organization that the administering official decides can best 
provide the services. Payment under the grant or contract may be made 
in advance or by reimbursement.
  (f) Grant and Contract Proposals and Applications.--To receive 
assistance under this subchapter, a State--
          (1) must submit to the Director a plan that--
                  (A) describes how the State plans to encourage 
                effective refugee resettlement and to promote economic 
                self-sufficiency as quickly as possible;
                  (B) describes how the State will ensure that 
                instruction in English and employment services are made 
                available to refugees receiving cash assistance;
                  (C) provides for the designation of a State officer 
                or employee to be responsible for ensuring coordination 
                of public and private resources in refugee 
                resettlement;
                  (D) provides for the care and supervision of, and 
                legal responsibility for, unaccompanied refugee 
                children in the State; and
                  (E) provides for identifying refugees who at the time 
                of resettlement in the State have medical conditions 
                requiring, or medical histories indicating a need for, 
                treatment or observation and provides necessary 
                monitoring of the treatment or observation;
          (2) must meet standards, goals, and priorities developed by 
        the Director that--
                  (A) ensure effective resettlement of refugees;
                  (B) promote economic self-sufficiency of refugees as 
                quickly as possible; and
                  (C) provide that services are provided efficiently; 
                and
          (3) within a reasonable time after the end of each fiscal 
        year, must submit to the Director a report on the uses of 
        amounts provided under this subchapter for which the State is 
        responsible for administering.
  (g) Authority To Make Loans and Accept Gifts.--In carrying out this 
subchapter, each appropriate administering official may--
          (1) make loans; and
          (2) accept and use money, property, and services made 
        available by gift, devise, bequest, grant, or otherwise to 
        carry out this subchapter.
  (h) System To Monitor Assistance.--The Secretary of Health and Human 
Services, and the Secretary of State in carrying out sections 13114 and 
13115 of this title, shall maintain a system of monitoring assistance 
provided under this subchapter. The system shall include--
          (1) evaluations of the effectiveness of the programs and 
        projects carried out under this subchapter and the performance 
        of States, grantees, and contractors;
          (2) financial audits and other appropriate monitoring to 
        detect fraud, abuse, and mismanagement in operating the 
        programs and projects; and
          (3) information collection on services provided and results 
        achieved.
  (i) Information Provided by Refugees.--The Attorney General shall 
provide the Director with information provided by refugees with their 
applications for a change in status. The Director shall compile, 
summarize, and evaluate the information.

Sec. 13120. Annual reports

  In consultation with the United States Coordinator for Refugee 
Affairs, the Secretary of Health and Human Services shall submit a 
report to the Committees on the Judiciary of the House of 
Representatives and the Senate not later than each January 31 on 
activities under this subchapter for the prior fiscal year. Each report 
shall include--
          (1) a current profile of the employment and labor force 
        statistics for refugees who entered the United States under 
        this title--
                  (A) during the 5 fiscal years immediately before the 
                fiscal year in which the report is submitted; and
                  (B) before that 5-year period and who have been 
                significantly and disproportionately dependent on 
                welfare;
          (2) a description of the extent to which refugees received 
        each kind of assistance and service under this subchapter 
        during the 5 fiscal years immediately before the fiscal year in 
        which the report is submitted;
          (3) a description of the geographic locations of refugees;
          (4) a summary of the results of the monitoring conducted 
        under section 13119(h) of this title for the fiscal year;
          (5) a description of--
                  (A) the activities, expenditures, and policies of the 
                Office of Refugee Resettlement under this subchapter;
                  (B) the activities of States, voluntary 
                organizations, and sponsors of refugees under this 
                subchapter; and
                  (C) plans of the Director of the Office of Refugee 
                Resettlement for improving refugee resettlement;
          (6) evaluations of the extent to which--
                  (A) services provided under this subchapter are 
                assisting refugees in achieving economic self-
                sufficiency, ability in English, and employment 
                commensurate with their skills and abilities; and
                  (B) fraud, abuse, and mismanagement have been 
                reported in providing assistance or services;
          (7) a description of the assistance provided under section 
        13118(e) of this title;
          (8) a summary of the locations and status of unaccompanied 
        refugee children admitted to the United States; and
          (9) a summary of the information compiled and evaluated under 
        section 13119(i) of this title.

Sec. 13121.  Limitations

  (a) Consolidated Grants Prohibited.--Amounts made available to a 
State or political subdivision to carry out this subchapter (except 
section 13115(a) of this title) may not be in the form of a block 
grant, per capita grant, or similar consolidated grant. Amounts shall 
be made available under separate grants or contracts for--
          (1) medical screening and initial medical treatment for 
        refugees under section 13115(d) of this title;
          (2) social services to refugees under section 13116(a) of 
        this title;
          (3) targeted assistance project grants under section 13116(b) 
        of this title; and
          (4) assistance for refugee children under section 13117(b) 
        and (c) of this title.
  (b) Contracts.--A contract made under this subchapter is effective 
only to the extent and in the amount provided in advance by an 
appropriation law.

Sec. 13122. Authorization of appropriations

  Amounts necessary to carry out this subchapter and section 13901 of 
this title may be appropriated for the fiscal year ending September 30, 
1994.

                  SUBCHAPTER III--EDUCATION ASSISTANCE

Sec. 13131. Definitions

  In this subchapter--
          (1) ``elementary school'', ``local educational agency'', 
        ``secondary school'', ``State'', and ``State educational 
        agency'' have the same meanings given those terms in section 
        1471 of the Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 2891).
          (2) ``elementary or secondary nonpublic school'' means a 
        school--
                  (A) complying with the compulsory education laws of 
                the State in which it is located; and
                  (B) exempt from taxation under section 501(c)(3) of 
                the Internal Revenue Code of 1986 (26 U.S.C. 
                501(c)(3)).
          (3) ``eligible participant'' means an alien--
                  (A) during the 36-month period that begins with the 
                first month the alien entered the United States, who--
                          (i) has been admitted to the United States as 
                        a refugee under section 5105 of this title;
                          (ii) has been paroled into the United States 
                        as a refugee under section 6123 of this title; 
                        or
                          (iii) has fled from the alien's country of 
                        origin and, under an executive order, has been 
                        allowed to enter and remain in the United 
                        States indefinitely for humanitarian reasons;
                  (B) during the 36-month period that begins with the 
                month the alien began applying for asylum, who is 
                applying for, or has been granted, asylum in the United 
                States; or
                  (C) during the 36-month period that begins with the 
                first month the alien entered the United States as a 
                Cuban-Haitian entrant or otherwise became a Cuban-
                Haitian entrant, who entered the United States after 
                October 31, 1979, and is in the United States 
                classified as a Cuban-Haitian entrant.

Sec. 13132. Basic educational services grants

  (a) Grants.--The Secretary of Education shall make a grant to each 
State educational agency for each fiscal year to assist local 
educational agencies of the State in providing basic educational 
services for eligible participants enrolled in the elementary and 
secondary public schools under the jurisdiction of the local 
educational agencies of the State. The State educational agency may use 
the grant only as provided in its application approved under section 
13135(b) of this title.
  (b) Applications.--To receive a grant under this section, the State 
educational agency must submit an application to the Secretary. In the 
application, the State educational agency must--
          (1) agree that payments under the grant will be used as 
        provided by subsection (a) of this section;
          (2) agree to ensure that those payments will be allocated 
        among the local educational agencies in the State using the 
        same formula and reductions for the local educational agencies 
        as the Secretary is required to use in making allocations to 
        State educational agencies under subsection (d) of this 
        section;
          (3) specify the amounts referred to in subsection (d) of this 
        section that are made available under other laws of the United 
        States for expenditure in the State for the same purpose for 
        which an amount is made available under this section and the 
        local educational agencies to which those amounts are 
        available; and
          (4) comply with section 13135(a) of this title.
  (c) Prescribing Grant Formula.--As soon as possible, the Secretary 
shall prescribe a formula to be used in determining the amount of the 
grant to which each State educational agency (except the agencies for 
American Samoa, Guam, the Northern Mariana Islands, the Trust Territory 
of the Pacific Islands, and the Virgin Islands) is entitled under this 
section for a fiscal year. The formula shall be based on the full 
amount authorized under section 13139(b) of this title. In prescribing 
the formula, the Secretary--
          (1) shall consider--
                  (A) the number of years each eligible participant 
                assisted under this section has resided in the United 
                States; and
                  (B) the relative costs, by grade level, of educating 
                elementary and secondary school children; and
          (2) shall provide that amounts be allocated without regard to 
        differences in educational costs among different geographical 
        areas.
  (d) Allocations.--The Secretary shall allocate the amount 
appropriated to carry out this section for a fiscal year among the 
State educational agencies (except the agencies for American Samoa, 
Guam, the Northern Mariana Islands, the Trust Territory of the Pacific 
Islands, and the Virgin Islands). Except as provided by section 13136 
of this title, the amount of the grant to which an agency is entitled 
under this section for a fiscal year is equal to the amount allocated 
to it under the formula, reduced by the amounts available for that 
fiscal year under other laws of the United States for expenditure in 
the State for the same purpose for which an amount is made available 
under this section. However, the reduction shall be made only to the 
extent the amounts are available under the other laws--
          (1) for that purpose specifically because the individuals 
        served by the amounts have refugee, parolee, or asylum status; 
        and
          (2) to assist individuals eligible for services under this 
        section.
  (e) Grant Amounts for Territories and Possessions.--The amounts of 
the grants to which the State educational agencies of American Samoa, 
Guam, the Northern Mariana Islands, the Trust Territory of the Pacific 
Islands, and the Virgin Islands are entitled under this section are the 
amounts the Secretary determines they need based on criteria the 
Secretary prescribes. The total amount of those grants for a period may 
not be more than one percent of the amount authorized to be 
appropriated to carry out this section during the period. If the total 
of the amounts the Secretary determines those agencies need is more 
than one percent, the amount of the grant to each of those agencies is 
reduced proportionately so that the total is not more than one percent.

Sec. 13133. Supplementary educational services grants

  (a) Definitions.--In this section--
          (1) ``enrolled eligible participant in the State'' means an 
        eligible participant enrolled in an elementary or secondary 
        public school under the jurisdiction of a qualified local 
        educational agency in the State or in an elementary or 
        secondary nonpublic school in the district served by a 
        qualified local educational agency in the State.
          (2) ``qualified local educational agency'' means a local 
        educational agency that--
                  (A) during the fiscal year for which a grant is to be 
                made under this section, has enrolled in the elementary 
                and secondary public schools under its jurisdiction and 
                in the elementary and secondary nonpublic schools in 
                the district it serves a number of eligible 
                participants receiving supplementary educational 
                services during the fiscal year at least equal to the 
                lesser of--
                          (i) 500; or
                          (ii) 5 percent of the total number of 
                        students enrolled in those public or nonpublic 
                        schools during that fiscal year; or
                  (B) is eligible to receive assistance because of 
                section 3(b)(last sentence) and (c)(2)(B) of the Act of 
                September 30, 1950 (20 U.S.C. 238(b)(last sentence) and 
                (c)(2)(B)).
  (b) General Authority.--(1) The Secretary of Education shall make a 
grant, as provided by this subchapter, to each State educational agency 
for each fiscal year to provide supplementary educational services for 
enrolled eligible participants in the State. Those services include--
          (A) services necessary to enable eligible participants to 
        perform satisfactorily, including--
                  (i) instruction in English;
                  (ii) other bilingual educational services; and
                  (iii) special materials and supplies;
          (B) additional basic instructional services directly 
        attributable to the presence of eligible participants in the 
        school districts, including--
                  (i) additional classroom supplies;
                  (ii) overhead;
                  (iii) construction;
                  (iv) acquiring or renting space; and
                  (v) transportation; and
          (C) special inservice training of personnel who will provide 
        the instructional services described by clauses (A) and (B) of 
        this paragraph.
  (2) The State educational agency may use the grant only as provided 
in its application as approved under section 13135(b) of this title.
  (c) Applications.--To receive a grant under this section, a State 
educational agency must submit an application to the Secretary. In the 
application, the State educational agency must--
          (1) agree to administer, or supervise the administration of, 
        the educational programs, services, and activities paid for 
        under this section;
          (2) agree to ensure that payments under the grant will be 
        used as provided by subsection (b) of this section;
          (3) agree to ensure that those payments will be allocated 
        among the local educational agencies in the State using the 
        same formula and reductions for the local educational agencies 
        as the Secretary is required to use in making allocations to 
        State educational agencies under subsection (d) of this 
        section;
          (4) specify the amounts referred to in subsection (d)(2) of 
        this section that are made available under other laws of the 
        United States to agencies or other entities for educational or 
        education-related services or activities in the State because 
        of a significant concentration of eligible participants and the 
        local educational agencies that have jurisdiction over 
        elementary and secondary public schools, or that serve 
        elementary and secondary nonpublic schools, in which are 
        enrolled eligible participants who receive services paid for by 
        those amounts;
          (5) agree to ensure the Secretary that--
                  (A) to the extent consistent with the number of 
                eligible participants enrolled in elementary and 
                secondary nonpublic schools in the district served by a 
                local educational agency, the local educational agency, 
                after consulting with the appropriate officials of the 
                schools, will provide secular, neutral, and 
                nonideological materials, equipment, and services 
                necessary to educate those eligible participants;
                  (B) a public agency will--
                          (i) administer the amounts provided under 
                        this section for the materials, equipment, and 
                        services referred to in subclause (A) of this 
                        clause; and
                          (ii) own and administer property that is 
                        repaired, remodeled, or constructed with those 
                        amounts;
                  (C) those amounts will not be commingled with State 
                or local money; and
                  (D) a public agency will provide to each of those 
                elementary or secondary nonpublic schools the services 
                referred to in subclause (A) of this clause through--
                          (i) officers and employees under the control 
                        of the agency; or
                          (ii) a contract with a person or agency that 
                        is under the control of the public agency and, 
                        when providing the services, is independent of 
                        the school and of any religious organization; 
                        and
          (6) comply with section 13135(a) of this title.
  (d) Allocations.--(1) The Secretary shall allocate the amount 
appropriated to carry out this section for a fiscal year among the 
State educational agencies (except the agencies for American Samoa, 
Guam, the Northern Mariana Islands, the Trust Territory of the Pacific 
Islands, and the Virgin Islands). Except as provided by this section 
and section 13136 of this title, the amount of the grant to which an 
agency is entitled under this section for a fiscal year is equal to the 
sum of--
          (A) the product of--
                  (i) the number of aliens who are enrolled eligible 
                participants in the State, during the period for which 
                the determination of that number is made, and who have 
                been eligible participants less than one year; 
                multiplied by
                  (ii) $700;
          (B) the product of--
                  (i) the number of aliens who are enrolled eligible 
                participants in the State, during the period for which 
                the determination is made, and who have been eligible 
                participants at least one year but not more than 2 
                years; multiplied by
                  (ii) $500; and
          (C) the product of--
                  (i) the number of aliens who are enrolled eligible 
                participants in the State, during the period for which 
                the determination is made, and who have been eligible 
                participants more than 2 years but not more than 3 
                years; multiplied by
                  (ii) $300.
  (2) If amounts are available for a fiscal year under other laws of 
the United States to agencies or other entities for educational or 
education-related services or activities in the State because of a 
significant concentration of eligible participants, the amount of the 
grant under paragraph (1) of this subsection for that fiscal year is 
reduced by those amounts.
  (e) Reallocation of Unused Amounts.--When the Secretary determines 
that a part of a payment made to a State educational agency under this 
section for a fiscal year will not be used by the agency to carry out 
the purpose for which the payment was made, the Secretary shall make 
that part available to another State educational agency to the extent 
the Secretary decides the other agency can use the additional amount to 
carry out the purpose. An amount made available under this subsection 
to a State educational agency from an appropriation for a fiscal year 
is deemed in this section to be a part of the grant (as determined 
under subsection (d) of this section) to that agency for that fiscal 
year, and remains available until the end of the next fiscal year.
  (f) Grant Amounts for Territories and Possessions.--The amounts of 
the grants to which the State educational agencies of American Samoa, 
Guam, the Northern Mariana Islands, the Trust Territory of the Pacific 
Islands, and the Virgin Islands are entitled under this section are the 
amounts the Secretary determines they need based on criteria the 
Secretary prescribes. The total amount of those grants for a period may 
not be more than one percent of the amount authorized to be 
appropriated to carry out this section during the period. If the total 
of the amounts the Secretary determines those agencies need is more 
than one percent, the amount of the grant to each of those agencies is 
reduced proportionately so that the total is not more than one percent.
  (g) Providing Assistance to Nonpublic Schools When State Does Not.--
If a State is prohibited by law from providing materials, equipment, 
and services for children enrolled in elementary and secondary 
nonpublic schools as required by subsection (c)(5) of this section, or 
if the Secretary decides that a local educational agency has failed 
substantially to or will not provide for the participation on an 
equitable basis of eligible participants enrolled in those schools, the 
Secretary--
          (1) may waive the requirements of subsection (c)(5) of this 
        section; and
          (2) subject to the other requirements of this subchapter, 
        shall arrange that materials, equipment, and services be 
        provided for those eligible participants.

Sec. 13134. Adult education program grants

  (a) General Authority.--(1) The Secretary of Education shall make a 
grant, as provided by this subchapter, to each State educational agency 
for each fiscal year to be used to provide adult education programs to 
eligible participants at least 16 years of age in need of the services 
and not enrolled in an elementary or secondary public school under the 
jurisdiction of a local educational agency. The grant may be used for--
          (A) programs of instruction--
                  (i) to teach the eligible participants basic reading 
                and mathematics;
                  (ii) to develop and enhance skills needed by the 
                eligible participants; and
                  (iii) to promote literacy among the eligible 
                participants;
          (B) administrative costs of planning and operating the 
        programs referred to in clause (A) of this paragraph;
          (C) educational support services needed by the eligible 
        participants, including services to guide and counsel the 
        eligible participants about educational, career, and employment 
        opportunities; and
          (D) special projects designed to operate with existing 
        programs and activities that develop occupational and related 
        skills, particularly programs authorized under the Job Training 
        Partnership Act (29 U.S.C. 1501 et seq.) or the Carl D. Perkins 
        Vocational Education Act (20 U.S.C. 2301 et seq.).
  (2) The State educational agency may use the grant only as provided 
in its application as approved under section 13135(b) of this title.
  (b) Applications.--To receive a grant under this section, the State 
educational agency must submit an application to the Secretary. In the 
application, the State educational agency must--
          (1) agree that payments under the grant will be used as 
        provided by subsection (a) of this section;
          (2) agree to make periodic reports to the Secretary 
        evaluating the effectiveness of those payments;
          (3) specify the amounts referred to in subsection (c)(2) of 
        this section that are made available under other laws of the 
        United States for expenditure in the State for the same purpose 
        for which an amount is made available under this section; and
          (4) comply with section 13135(a) of this title.
  (c) Allocations.--(1) The Secretary shall allocate the amount 
appropriated to carry out this section for a fiscal year among the 
State educational agencies (except the agencies for American Samoa, 
Guam, the Northern Mariana Islands, the Trust Territory of the Pacific 
Islands, and the Virgin Islands). Except as provided by paragraph (2) 
of this subsection and section 13136 of this title, the amount of the 
grant to which an agency is entitled under this section for a fiscal 
year is equal to the product of--
          (A) the number of eligible participants at least 16 years of 
        age who, during the period for which the determination of that 
        number is made, are enrolled in programs of instruction 
        described by subsection (a)(1)(A) of this section and offered 
        in the State, but who are not enrolled in elementary and 
        secondary public schools under the jurisdiction of local 
        educational agencies; multiplied by
          (B) $300.
  (2) If amounts are available for a fiscal year under other laws of 
the United States for expenditure in the State for the same purpose for 
which an amount is made available under this section, the amount of the 
grant under paragraph (1) of this subsection for that fiscal year is 
reduced by those amounts. However, the reduction is made only to the 
extent the amounts are available under the other laws--
          (A) for that purpose specifically because the individuals 
        served by the amounts have refugee, parolee, or asylum status; 
        and
          (B) to assist individuals eligible for services under this 
        section.
  (d) Methods of Providing Programs.--(1) A State educational agency 
may provide adult education programs directly or may make grants to, or 
contracts with, local educational agencies, public agencies, and 
private nonprofit voluntary organizations to provide the programs. The 
State educational agency shall review an application for a grant or 
contract under this subsection in a way that is consistent with the 
purposes of section 306(b)(12) and (13) of the Adult Education Act.
  (2) The State educational agency shall use the grant it receives 
under this section in a way that enables the maximum number of eligible 
participants at least 16 years of age residing in the State to receive 
education under the programs of instruction described by subsection 
(a)(1)(A) of this section.
  (e) Grant Amounts for Territories and Possessions.--The amounts of 
the grants to which the State educational agencies of American Samoa, 
Guam, the Northern Mariana Islands, the Trust Territory of the Pacific 
Islands, and the Virgin Islands are entitled under this section are the 
amounts the Secretary determines they need based on criteria the 
Secretary prescribes. The total amount of those grants for a period may 
not be more than one percent of the amount authorized to be 
appropriated to carry out this section during the period. If the total 
of the amounts the Secretary determines those agencies need is more 
than one percent, the amount of the grant to each of those agencies is 
reduced proportionately so that the total is not more than one percent.

Sec. 13135. Applications

  (a) Requirements.--(1) In its application for a grant under this 
subchapter, a State educational agency must agree--
          (A) to ensure that it will not disapprove finally any part of 
        a local educational agency's application for an amount of a 
        grant to the State educational agency under section 13132, 
        13133, or 13134 of this title without giving the local 
        educational agency reasonable notice and opportunity for a 
        proceeding; and
          (B) to make reports the Secretary of Education reasonably 
        requires to carry out this subchapter.
  (2) The State educational agency must submit an application at the 
time, in the way, and containing or accompanied by information, the 
Secretary requires.
  (b) Approval.--The Secretary shall approve an application meeting the 
requirements of this section and section 13132, 13133, or 13134 of this 
title, as the case may be. The Secretary may not disapprove finally an 
application without giving the applicant reasonable notice and 
opportunity for a hearing on the record.

Sec. 13136. Use of estimated information and consultation with other 
agencies

  (a) Use of Estimates.--When actual satisfactory information is not 
available, the Secretary of Education shall use estimates to determine 
for any period the number of eligible participants and the amount of a 
reduction required under section 13132(d), 13133(d)(2), or 13134(c)(2) 
of this title. A determination based on an overestimate or 
underestimate may not deprive a State educational agency of any part of 
the amount the agency would be entitled to receive under this 
subchapter if the determination were based on accurate information.
  (b) Consultation With Other Agencies.--To the extent it will make it 
easier to determine the amount of a reduction required under section 
13132(d), 13133(d)(2), or 13134(c)(2) of this title, the Secretary 
shall consult with the heads of other agencies providing assistance to 
eligible participants--
          (1) to obtain information about the amounts those agencies 
        disburse for educational purposes under programs the agency 
        heads administer; and
          (2) when feasible, to coordinate the programs those agency 
        heads administer and the programs under this subchapter.

Sec. 13137. State administrative costs

  The Secretary of Education may pay each State educational agency an 
amount equal to the amount the agency expends in carrying out its 
duties and powers properly and efficiently under this subchapter. 
However, the total payments for a period may not be more than 2 percent 
of the amount the agency receives for the period under this subchapter.

Sec. 13138. Withholding payments

  (a) Authority to Withhold.--When the Secretary of Education decides 
that a State educational agency receiving payments under section 13132, 
13133, or 13134 of this title, or a local educational agency or other 
entity receiving payments from the State educational agency under 
section 13134, is not complying with a requirement of this subchapter 
that applies to the section, the Secretary, until satisfied that there 
is no longer a failure to comply, shall--
          (1) stop making payments to the State educational agency 
        under section 13132, 13133, or 13134 of this title; or
          (2) prohibit the State educational agency from making 
        payments under section 13134 to the local educational agency or 
        other entity that is causing, or involved in, the failure.
  (b) Notice and Opportunity for Proceeding.--The Secretary--
          (1) may act under subsection (a) of this section only after 
        giving the State educational agency reasonable notice and 
        opportunity for a proceeding; and
          (2) shall notify the State educational agency of the action 
        the Secretary is taking under subsection (a) of this section.

Sec. 13139. Authorization of appropriations and allocation of total amount 
appropriated

  (a) General Authorization of Appropriations.--Amounts necessary to 
make grants to each State educational agency under this subchapter and 
to pay for administrative costs under section 13137 of this title may 
be appropriated for the fiscal year ending September 30, 19__. The 
amounts shall be appropriated in a lump sum for all programs under this 
subchapter.
  (b) Authorization of Appropriations for Basic Public Educational 
Services Grants.--To make grants to State educational agencies in the 
way provided under this section, an amount may be appropriated under 
subsection (a) of this section for each fiscal year equal to the 
product of--
          (1) the number of eligible participants enrolled in 
        elementary or secondary public schools under the jurisdiction 
        of local educational agencies in all States (except American 
        Samoa, Guam, the Northern Mariana Islands, the Trust Territory 
        of the Pacific Islands, and the Virgin Islands) during the 
        fiscal year for which the determination of that number is made; 
        multiplied by
          (2) $400.
  (c) Allocations of Appropriations.--(1) If the amounts appropriated 
for a fiscal year to make grants under this subchapter are not enough 
to pay the total amount of the grants to which State educational 
agencies are entitled under sections 13132-13134 of this title for the 
fiscal year, the allocation to each agency under each of those sections 
shall be ratably reduced so that the total of the allocations is not 
more than the amounts appropriated.
  (2) Allocations reduced under paragraph (1) of this subsection shall 
be increased on the same basis that they were reduced if amounts later 
become available to make grants under this subchapter for the period.

               SUBCHAPTER IV--CUBAN AND HAITIAN ENTRANTS

Sec. 13151. Definition

  In this subchapter, ``Cuban or Haitian entrant'' means--
          (1) an alien granted parole status as a Cuban/Haitian Entrant 
        (Status Pending) or granted another special status later 
        established under law for nationals of Cuba or Haiti, without 
        regard to the status of the alien when assistance is provided 
        under this subchapter; and
          (2) any other national of Cuba or Haiti--
                  (A)(i) paroled into the United States who has not 
                acquired another status under this title;
                  (ii) who is the subject of exclusion or deportation 
                proceedings under this title; or
                  (iii) having an application for asylum pending before 
                the Attorney General; and
                  (B) about whom a final, nonappealable, and legally 
                enforceable exclusion or deportation order has not been 
                entered.

Sec. 13152. Presidential authority

  The President has the same duties and powers related to a Cuban or 
Haitian entrant as the duties and powers vested under subchapter II of 
this chapter. Those duties and powers apply to assistance and services 
provided to a Cuban or Haitian entrant at any time after the entrant's 
arrival in the United States, including periods before October 10, 
1980. The President may provide by regulation that benefits granted 
under a law of the United States (except this title) to an individual 
admitted to the United States under section 4305 of this title shall be 
provided in the same way and to the same extent to a Cuban or Haitian 
entrant.

Sec. 13153. General assistance

  (a) Types of Assistance.--Under the direction of the President, any 
agency may provide assistance (including materials, supplies, 
equipment, work, services, or facilities) for the processing, care, 
security, transportation, and initial reception and placement in the 
United States of a Cuban or Haitian entrant on terms the President 
prescribes. The President may direct the head of one agency to detail 
personnel (on a reimbursable or nonreimbursable basis) for temporary 
duty with another agency that the President has directed to supervise 
or manage assistance under this section.
  (b) Reimbursement.--Amounts to carry out this section--
          (1) shall be used to reimburse State governments and 
        political subdivisions for expenses incurred in providing 
        assistance under subsection (a) of this section; and
          (2) may be used to reimburse an agency providing assistance 
        under subsection (a) of this section.
  (c) Application of National Environmental Policy Act of 1969.--The 
carrying out of a duty or power under this section is not a major 
action of the United States Government significantly affecting the 
quality of the human environment under the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
  (d) Availability of Appropriations.--Amounts--
          (1) appropriated under section 13122 of this title are 
        available to carry out this subchapter; and
          (2) available to carry out this subchapter remain available 
        until expended.

   CHAPTER 133--INTERNATIONAL PARTICIPATION AND EMERGENCY ASSISTANCE

Sec.
13301.  Participation in International Organization for Migration.
13302.  Contributions to international organizations.
13303.  Assistance to further foreign policy interests.
13304.  Assistance for unexpected urgent needs.
13305.  Allocation, transfer, availability, and accounting of amounts.
13306.  Audits.
13307.  Administrative.

Sec. 13301. Participation in International Organization for Migration

  The President may continue United States membership in the 
International Organization for Migration. To assist in the movement of 
refugees and migrants and to enhance the economic progress of the 
developing countries by providing for a coordinated supply of a 
selected labor force, amounts necessary to pay for the United States 
Government's contribution to the Organization and necessary pay and 
expenses incident to the Government's participation in the Organization 
may be appropriated.

Sec. 13302. Contributions to international organizations

  The President may make contributions to--
          (1) the activities of the United Nations High Commissioner 
        for Refugees for assistance to or for refugees and other 
        persons assisted by the Commissioner;
          (2) the International Organization for Migration;
          (3) the International Committee of the Red Cross for 
        assistance to or for refugees; and
          (4) other international organizations for assistance to or 
        for refugees.

Sec. 13303. Assistance to further foreign policy interests

  The President may provide assistance to or for refugees outside the 
United States designated by the President when the President decides 
that the assistance will contribute to the foreign policy interests of 
the United States. The President shall designate the refugees by class, 
group, countries of origin, or areas of residence.

Sec. 13304. Assistance for unexpected urgent needs

  (a) General Authority.--The President may provide assistance to meet 
unexpected urgent refugee and migration needs on terms the President 
prescribes when the President decides the assistance is important to 
the interests of the United States.
  (b) United States Emergency Refugee and Migration Assistance Fund.--
There is a United States Emergency Refugee and Migration Assistance 
Fund to carry out this section. Amounts necessary for the Fund may be 
appropriated to the President. However, an amount may not be 
appropriated that, when added to amounts previously appropriated and 
not obligated, would cause the total amount in the Fund to be more than 
$50,000,000. Amounts appropriated remain available until expended.
  (c) Justification of Appropriations.--When the President requests an 
appropriation under this section, the President shall justify the 
request to the Committee on Foreign Relations of the Senate, the 
Speaker of the House of Representatives, and the Committees on 
Appropriations of the Senate and House of Representatives.

Sec. 13305. Allocation, transfer, availability, and accounting of amounts

  (a) Allocation and Transfer.--The President may allocate or transfer 
to an agency an amount available to carry out this chapter. The amount 
is available for obligation and expenditure for the purpose for which 
the amount originally was made available under this chapter or under 
authority governing the activities of the agency to which the amount 
was allocated or transferred. An amount allocated or transferred may be 
carried in a separate appropriation account of the Treasury.
  (b) Purposes For Which Amounts Are Available.--(1) An amount made 
available under this chapter may be used for--
          (A) pay, allowances, and travel of personnel, including 
        members of the Foreign Service whose services are used 
        primarily in carrying out this chapter, without regard to 
        another law, that may be necessary to carry out this chapter;
          (B) printing and binding, expenditure outside the United 
        States for supplies and services, and administrative and 
        operating purposes except pay, without regard to a law or 
        regulation governing the obligation and expenditure of amounts 
        of the United States Government, that may be necessary to carry 
        out this chapter;
          (C) employment and assignment of members of the Foreign 
        Service serving under limited appointments when carrying out 
        this chapter;
          (D) the exchange of amounts without regard to loss by 
        exchanges;
          (E) making contracts for personal services outside the United 
        States;
          (F) expenses authorized by the Foreign Service Act of 1980 
        (22 U.S.C. 3901 et seq.) not otherwise provided for;
          (G) expenses authorized by the State Department Basic 
        Authorities Act of 1956 (22 U.S.C. 2662, 2669 et seq.); and
          (H) other expenses the President decides are necessary to 
        carry out this chapter.
  (2) An individual employed by contract with amounts made available 
under paragraph (1)(E) of this subsection is not an employee of the 
Government under any law carried out by the Director of the Office of 
Personnel Management. However, the Secretary of State may apply to that 
individual--
          (A) section 2(f) of the State Department Basic Authorities 
        Act of 1956 (22 U.S.C. 2669(f)); and
          (B) any other law carried out by the Secretary as that law is 
        related to employment of individuals by contract to perform 
        personal services outside the United States.

Sec. 13306. Audits

  (a) Program Audits.--Amounts may be made available under this chapter 
or another law to the United Nations High Commissioner for Refugees 
only if--
          (1) an annual program audit will be conducted to determine 
        the use of those amounts, including the use by implementing 
        partners; and
          (2) the audit will be made available through the Secretary of 
        State for inspection by the Comptroller General.
  (b) Inspections and Reports by Comptroller General.--The Comptroller 
General shall inspect each audit and submit to Congress a report on the 
inspection.

Sec. 13307. Administrative

  (a) Authority of the President.--To carry out this chapter, the 
President may--
          (1) make loans, advances, and grants to, and agreements with, 
        a person, government or government agency in or outside the 
        United States, and international and intergovernmental 
        organizations;
          (2) accept and use money, property, and services made 
        available to carry out this chapter; and
          (3) provide assistance and make contributions, 
        notwithstanding another provision of law that restricts 
        assistance to foreign countries.
  (b) Waiver.--If the President decides that it carries out this 
chapter, the President may waive a provision of law on making, carrying 
out, and changing contracts and on United States Government 
expenditures.
  (c) Delegation of Duties and Powers.--If the President delegates to 
an officer under section 301 of title 3 a duty or power of the 
President under this chapter, the President also may authorize the 
officer to redelegate the duty or power to a subordinate officer or 
employee of the officer. However, the President may not authorize the 
redelegation of the waiver authority under subsection (b) of this 
section.
  (d) Informing Congressional Committees.--The President shall keep 
appropriate committees of Congress currently informed on the use of 
expenditures and the exercise of duties and powers under this chapter.

              CHAPTER 135--IMMIGRANT EDUCATION ASSISTANCE

Sec.
13501.  Definitions and application.
13502.  Supplementary educational service.
13503.  Applications.
13504.  State entitlements.
13505.  Providing assistance to nonpublic schools when local agency does 
          not.
13506.  State administrative costs.
13507.  Withholding payments.
13508.  Reports.
13509.  Authorization and allocation of appropriations.

Sec. 13501. Definitions and application

  (a) Definitions.--In this chapter--
          (1) the definitions in section 1471 of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 2891) apply, except 
        ``local educational agency'' and ``Secretary''.
          (2) ``elementary or secondary nonpublic school'' means a 
        school--
                  (A) complying with the compulsory attendance laws of 
                the State in which it is located; and
                  (B) exempt from taxation under section 501(c)(3) of 
                the Internal Revenue Code of 1986 (26 U.S.C. 
                501(c)(3)).
          (3) ``immigrant children'' means children born outside any 
        State who have been attending school in at least one State for 
        less than 3 complete academic years.
          (4) ``local educational agency'' has the same meaning given 
        that term in section 1471 of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 2891), except that it includes 
        only an agency for which the number of immigrant children 
        enrolled in elementary and secondary public schools under its 
        jurisdiction and in elementary and secondary nonpublic schools 
        in the district it serves, during the fiscal year for which a 
        grant is to be made under this chapter, is at least equal to 
        the lesser of--
                  (A) 500; or
                  (B) 3 percent of the total number of students 
                enrolled in those public or nonpublic schools during 
                that fiscal year.
  (b) Application.--Sections 8002-8005 of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 3382-3384, 3386) apply to this 
chapter.

Sec. 13502. Supplementary educational service

  (a) General Authority.--The Secretary of Education shall make a 
grant, as provided by this chapter, to each State educational agency 
for the fiscal year ending September 30, 19__, for supplementary 
educational services for immigrant children enrolled in--
          (1) elementary and secondary public schools under the 
        jurisdiction of the local educational agencies of the State; 
        and
          (2) elementary and secondary nonpublic schools in the 
        districts served by those agencies.
  (b) Services Included.--The supplementary services referred to in 
subsection (a) of this section include--
          (1) services necessary to enable the immigrant children to 
        perform satisfactorily, including--
                  (A) instruction in English;
                  (B) other bilingual educational services; and
                  (C) special materials and supplies;
          (2) additional basic instructional services directly 
        attributable to the presence of immigrant children in the 
        school districts, including--
                  (A) additional classroom supplies;
                  (B) overhead;
                  (C) construction;
                  (D) acquiring or renting space; and
                  (E) transportation; and
          (3) essential inservice training of personnel who will 
        provide the instructional services described by clauses (1) and 
        (2) of this subsection.
  (c) Grant Use.--The State educational agency may use the grant only 
as provided in its application as approved under section 13503(b) of 
this title.

Sec. 13503. Applications

  (a) Requirements.--To receive a grant under this chapter, a State 
educational agency must submit an application to the Secretary of 
Education at the time, in the way, and containing or accompanied by 
information the Secretary requires. In the application, the State 
educational agency must agree--
          (1) to administer, or supervise the administration of, the 
        educational programs, services, and activities paid for under 
        this chapter;
          (2) to ensure that payments under the grant will be used as 
        provided by section 13502 of this title;
          (3) to ensure that those payments will be allocated among the 
        local educational agencies in the State so that each agency 
        receives an amount--
                  (A) based on the number of immigrant children counted 
                for that agency under section 13504(a)(1) of this 
                title; and
                  (B) reduced by an amount under section 13504(a)(2) of 
                this title attributable to that agency;
          (4) to ensure that it will not disapprove finally any part of 
        a local educational agency's application for an amount under 
        this chapter without giving the local educational agency 
        reasonable notice and opportunity for a proceeding;
          (5) to make reports the Secretary requires to carry out this 
        chapter; and
          (6) to ensure that--
                  (A) to the extent consistent with the number of 
                immigrant children enrolled in elementary and secondary 
                nonpublic schools in the district served by a local 
                educational agency, the local educational agency, after 
                consulting with the appropriate officials of the 
                schools, will provide secular, neutral, and 
                nonideological materials, equipment, and services 
                necessary to educate those children;
                  (B) a public agency will--
                          (i) administer the amounts provided under 
                        this section for the materials, equipment, and 
                        services referred to in subclause (A) of this 
                        clause; and
                          (ii) own and administer property that is 
                        repaired, remodeled, or constructed with those 
                        amounts;
                  (C) those amounts will not be commingled with State 
                or local money; and
                  (D) a public agency will provide to each of those 
                elementary or secondary nonpublic schools the services 
                referred to in subclause (A) of this clause through--
                          (i) officers and employees under the control 
                        of the agency; or
                          (ii) a contract with a person or agency that 
                        is under the control of the public agency and, 
                        when providing the services, is independent of 
                        the school and of any religious organization.
  (b) Approval.--The Secretary shall approve an application meeting the 
requirements of subsection (a) of this section. The Secretary may not 
disapprove finally an application without giving the applicant 
reasonable notice and opportunity for a hearing on the record.

Sec. 13504. State entitlements

  (a) Allocations.--(1) The Secretary of Education shall allocate the 
amount appropriated to carry out this chapter for a fiscal year among 
the State educational agencies. Except as provided by this section, the 
amount of the grant to which an agency is entitled under this chapter 
for a fiscal year is equal to the product of--
          (A) the number of immigrant children enrolled during the 
        fiscal year in elementary and secondary public schools under 
        the jurisdiction of the local educational agencies of the State 
        and in elementary and secondary nonpublic schools in the 
        districts served by the local educational agencies of the 
        State; multiplied by
          (B) $500.
  (2)(A) If amounts are available for a fiscal year under other laws of 
the United States for expenditure in a State for the same purpose for 
which an amount is made available under this chapter, the amount of the 
grant under paragraph (1) of this subsection for that fiscal year is 
reduced by those amounts. However, the reduction shall be made only to 
the extent the amounts are available under the other laws--
          (i) for that purpose specifically because the individuals 
        served by the amounts have refugee, parolee, immigrant, or 
        asylum status; and
          (ii) to assist individuals eligible for services under this 
        chapter.
  (B) Subparagraph (A) of this paragraph does not apply to the extent a 
reduction is made under a comparable provision of another law of the 
United States in the amount available under that law for a fiscal year 
for expenditure in the State based on the amount assumed to be 
available under this chapter.
  (b) Determining Number of Immigrant Children.--(1) The Secretary 
shall determine the number of immigrant children for a State 
educational agency under this section based on information or estimates 
provided by the agency under criteria prescribed by the Secretary. 
However, after notice and opportunity for a proceeding, the Secretary 
may disregard information or estimates that the Secretary decides are 
clearly erroneous.
  (2) A determination under this subsection based on an overestimate or 
underestimate may not deprive a State educational agency of any part of 
the amount the agency would be entitled to receive under this chapter 
if the determination were based on accurate information.
  (c) Reallocation of Unused Amounts.--When the Secretary determines 
that a part of a payment made to a State educational agency under this 
chapter for a fiscal year will not be used by the agency to carry out 
the purpose for which the payment was made, the Secretary shall make 
that part available to another State educational agency to the extent 
the Secretary decides the other agency can use the additional amount to 
carry out the purpose. An amount made available under this subsection 
to a State educational agency from an appropriation for a fiscal year 
is deemed in this chapter to be a part of the grant (as determined 
under subsection (a) of this section) to that agency for that fiscal 
year, and remains available until the end of the next fiscal year.

Sec. 13505. Providing assistance to nonpublic schools when local agency 
does not

  (a) General Authority.--If a local educational agency is prohibited 
by law from providing materials, equipment, and services for children 
enrolled in elementary and secondary nonpublic schools as required by 
section 13503(a)(6) of this title, or if the Secretary of Education 
decides that a local educational agency has failed substantially or 
will not provide for the participation on an equitable basis of 
children enrolled in those schools, the Secretary--
          (1) may waive the requirements of section 13503(a)(6) of this 
        title; and
          (2) subject to the other requirements of this chapter, shall 
        arrange for materials, equipment, and services to be provided 
        for those children.
  (b) Waiver Requirements.--A waiver under this section is subject to 
consultation, withholding, notice, and judicial review requirements as 
provided by chapter 1 of title I of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 2701 et seq.).

Sec. 13506. State administrative costs

  The Secretary of Education may pay each State educational agency an 
amount equal to the amount the agency expends in carrying out its 
duties and powers properly and efficiently under this chapter. However, 
the total payments for a period may not be more than 1.5 percent of the 
amount the agency is entitled to receive for the period under this 
chapter.

Sec. 13507. Withholding payments

  (a) Authority To Withhold.--When the Secretary of Education decides 
that a State educational agency receiving payments under this chapter, 
or a local educational agency receiving payments from the State 
educational agency, is not complying with a requirement of this 
chapter, the Secretary, until satisfied that there is no longer a 
failure to comply, shall--
          (1) stop making payments to the State educational agency 
        under this chapter; or
          (2) prohibit the State educational agency from making 
        payments under this chapter to the local educational agency 
        that is causing, or involved in, the failure.
  (b) Notice and Opportunity for Proceeding.--The Secretary--
          (1) may act under subsection (a) of this section only after 
        giving the State educational agency reasonable notice and 
        opportunity for a proceeding; and
          (2) shall notify the State educational agency of the action 
        the Secretary is taking under subsection (a) of this section.

Sec. 13508. Reports

  (a) Reports by State Educational Agencies.--Each State educational 
agency receiving amounts under this chapter shall submit a report each 
year to the Secretary of Education on the expenditure of amounts by 
local educational agencies of the States under this chapter. Each local 
educational agency of a State receiving amounts under this chapter 
shall submit to the State educational agency information necessary for 
the report.
  (b) Reports by the Secretary.--The Secretary shall submit a report 
twice a year to the appropriate committees of Congress about programs 
under this chapter.

Sec. 13509. Authorization and allocation of appropriations

  (a) Authorization of Appropriations.--Necessary amounts may be 
appropriated for the fiscal year ending September 30, 19__, to make 
grants under this chapter and to pay for administrative costs under 
section 13506 of this title.
  (b) Allocations of Appropriations.--(1) If the amounts appropriated 
for a fiscal year to make grants under this chapter are not enough to 
pay the total amount of the grants to which State educational agencies 
are entitled under this chapter for the fiscal year, the allocation to 
each agency shall be ratably reduced so that the total of the 
allocations is not more than the amounts appropriated.
  (2) Allocations reduced under paragraph (1) of this subsection shall 
be increased on the same basis that they were reduced if amounts later 
become available to make grants under this chapter for the period.

        CHAPTER 137--STATE LEGALIZATION IMPACT-ASSISTANCE GRANTS

Sec.
13701.  Definitions.
13702.  Allotments and allotment uses.
13703.  Applications and statements about allotments.
13704.  Determining and paying allotments.
13705.  Nondiscrimination.
13706.  Consultation with State and local officials.
13707.  Reports and audits.
13708.  Criminal penalties.
13709.  Appropriations.

Sec. 13701. Definitions

  In this chapter--
          (1) ``eligible legalized alien'' means an alien having the 
        status of an alien lawfully admitted for temporary residence 
        under chapter 93 of this title, but only until the end of the 
        5-year period beginning on the date the alien first acquired 
        the status.
          (2) ``program of public assistance'' means a program in a 
        State or political subdivision of a State that--
                  (A) provides for cash, medical, or other assistance 
                (as defined by the Secretary of Health and Human 
                Services) designed to meet the basic subsistence or 
                health needs of individuals;
                  (B) is available generally to needy individuals 
                residing in the State or political subdivision; and
                  (C) receives financing from the State government or 
                political subdivision.
          (3) ``program of public health assistance'' means a program 
        in a State or political subdivision that--
                  (A) provides public health services, including 
                immunizations for immunizable diseases, testing and 
                treatment for tuberculosis and sexually-transmitted 
                diseases, and family planning services;
                  (B) is available generally to needy individuals 
                residing in the State or political subdivision; and
                  (C) receives financing from the State government or 
                political subdivision.

Sec. 13702. Allotments and allotment uses

  (a) General Authority.--A State may be paid an allotment as provided 
under this chapter. The State may use amounts allotted to the State 
only--
          (1) to reimburse the costs of programs of public assistance 
        provided for eligible legalized aliens not disqualified under 
        section 9310 of this title when the assistance is provided;
          (2) to reimburse the costs of programs of public health 
        assistance provided to any alien who is, or who applied before 
        May 5, 1988, to become, an eligible legalized alien;
          (3) to pay a State educational agency for assisting a local 
        educational agency in providing educational services for 
        eligible legalized aliens;
          (4) to pay for public education and outreach (including 
        providing information to individual applicants, but not 
        including client counseling or another service that would 
        assume responsibility for an alien's application for change of 
        status) to inform aliens lawfully admitted for temporary 
        residence about--
                  (A) the requirements of chapter 93 of this title 
                related to a change of status;
                  (B) sources of assistance for aliens obtaining a 
                change of status, including educational, informational, 
                and referral services, and information about the rights 
                and responsibilities of those aliens and aliens 
                lawfully admitted for permanent residence;
                  (C) the identification of health, employment, and 
                social services; and
                  (D) the importance of identifying oneself to service 
                providers as an alien lawfully admitted for temporary 
                residence; and
          (5) to pay for education and outreach efforts by State 
        agencies about unfair discrimination in employment practices 
        because of national origin or citizenship status, except that 
        State agencies may initiate these efforts only after consulting 
        with the Special Counsel for Immigration-Related Unfair 
        Employment Practices to ensure, to the maximum extent possible, 
        a uniform program.
  (b) Discretion To Distribute Among Uses.--Except as provided by 
subsection (c) of this section, a State may decide on the distribution 
of amounts among the uses described by subsection (a) of this section.
  (c) Required Use Percentages.--(1) Except as provided by paragraphs 
(2) and (3) of this subsection, of the amounts allotted to a State 
under this chapter in a fiscal year--
          (A) 10 percent shall be used by the State for reimbursement 
        under subsection (a)(1) of this section;
          (B) 10 percent shall be used by the State for reimbursement 
        under subsection (a)(2) of this section; and
          (C) 10 percent shall be used by the State for payments under 
        subsection (a)(3) of this section.
  (2) Subject to paragraph (3) of this subsection, a State not 
requiring all of the 10 percent of an allotted amount for a use 
described by subsection (a)(1), (2), or (3) of this section for a 
fiscal year shall distribute the unused amount equally between the 
other 2 uses described by subsection (a)(1)-(3).
  (3) Amounts provided under this chapter may not be used to provide 
reimbursement for more than 100 percent of the costs described by 
subsection (a)(1) or (2) of this section.
  (4) Of the amounts allotted to a State under this chapter in a fiscal 
year, the State may not use more than the greater of--
          (A) one percent or $100,000, for payments under subsection 
        (a)(4) of this section; and
          (B) one percent or $100,000, for payments under subsection 
        (a)(5) of this section.
  (d) Limitation on Payments.--A payment under this chapter--
          (1) may be made to a State only for costs for assistance of a 
        program of public assistance or public health assistance to the 
        extent the assistance otherwise generally is available under 
        the program to citizens residing in the State; and
          (2) may not be made for costs to the extent the costs 
        otherwise are reimbursed or paid for under another United 
        States Government program.
  (e) Application of Chapter 135.--Chapter 135 of this title applies to 
a payment under subsection (a)(3) of this section except that--
          (1) a reference in chapter 135 to ``immigrant children'' is 
        deemed to be a reference to ``eligible legalized aliens'' 
        (including aliens over 16 years of age) during the 5-year 
        period beginning with the first month in which such an alien 
        acquires the status of an alien lawfully admitted for temporary 
        residence under this title;
          (2) in determining a payment for an eligible legalized alien 
        over 16 years of age, the exception in section 13501(4) of this 
        title does not apply;
          (3) the State educational agency may provide educational 
        services to adult eligible legalized aliens through local 
        educational agencies and other public agencies and private 
        nonprofit organizations, including community-based 
        organizations of demonstrated effectiveness; and
          (4) the services may include instruction in English and other 
        programs designed to enable aliens to acquire the citizenship 
        skills described by section 20301(a)(7) and (8) of this title.

Sec. 13703. Applications and statements about allotments

  (a) General Requirements.--A State is eligible for payment of an 
amount allotted under section 13704 of this title only if the State--
          (1) has filed with the Secretary of Health and Human Services 
        an application containing information, and criteria for and 
        administrative methods of distributing amounts received under 
        this chapter, the Secretary decides is necessary to carry out 
        this chapter;
          (2) has its application approved by the Secretary; and
          (3) submits to the Secretary a statement certifying that--
                  (A) amounts allotted to the State under this chapter 
                will be used only as provided under section 13702(a) of 
                this title;
                  (B) the State will decide on, and provide a fair 
                method for, allocating amounts among State and local 
                authorities consistent with subsection (b) of this 
                section and section 13702(c) of this title; and
                  (C) fiscal control and accounting procedures will be 
                established that are adequate to meet the requirements 
                of subsection (b) of this section and sections 13702(d) 
                and 13707 of this title.
  (b) Application Information Requirements.--The application of each 
State under this section for each fiscal year must include detailed 
information on--
          (1) the number of eligible legalized aliens residing in the 
        State; and
          (2) the costs (excluding costs otherwise paid by the United 
        States Government) that the State and each political 
        subdivision is likely to incur for the purposes described by 
        section 13702(a) of this title.

Sec. 13704. Determining and paying allotments

  (a) Prescribing Allotment Formula.--From amounts appropriated under 
section 13709(a) of this title for a fiscal year (less the amount 
reserved for United States Government administrative costs), the 
Secretary of Health and Human Services shall allot to each State with 
an application approved under section 13703(a) of this title an amount 
determined by a formula, prescribed by the Secretary by regulation, 
that considers--
          (1) the number of eligible legalized aliens residing in the 
        State in that fiscal year;
          (2) the ratio of eligible legalized aliens in the State to--
                  (A) the total number of residents of the State; and
                  (B) the total number of eligible legalized aliens in 
                all States in that fiscal year;
          (3) the expenditures the State is likely to incur in that 
        fiscal year in providing assistance for eligible legalized 
        aliens for which reimbursement or payment may be made under 
        this chapter;
          (4) the ratio of expenditures in the State to expenditures in 
        all States;
          (5) changes for the difference in prior years between the 
        State's actual expenditures incurred in providing assistance 
        for eligible legalized aliens for which reimbursement or 
        payment may be made under this chapter and the allotment 
        provided the State under this chapter for those years; and
          (6) other factors the Secretary considers appropriate to 
        provide for an equitable distribution of the amounts.
  (b) Estimating the Number of Eligible Legalized Aliens.--In 
determining the number of eligible legalized aliens under subsection 
(a) of this section, the Secretary may estimate the number of those 
aliens on the basis of information the Secretary considers appropriate.
  (c) Additional Allotments of Unallotted Amounts.--If all States have 
not qualified for allotments under this chapter for the fiscal year, or 
if at least one State has indicated in its description of activities 
that it does not intend to use, in that fiscal year or in any 
subsequent fiscal year beginning before October 1, 1994, the complete 
allotment, amounts appropriated under this chapter for a fiscal year 
and not allotted to those States shall be allotted among the remaining 
States in proportion to the amount otherwise allotted to the remaining 
States for the fiscal year.
  (d) Making Payments.--For each fiscal year, the Secretary shall make 
payments, as provided by section 6503 of title 31, to each State from 
its allotment under this section. An amount paid to a State for a 
fiscal year and remaining unobligated at the end of the year remains 
available to the State in subsequent fiscal years for the purposes for 
which it was made. However, the amount is not available after September 
30, 1994.
  (e) Reallotment of Unexpended Amounts.--The Secretary shall reallot 
amounts not expended by the States before December 31, 1994, to States 
that expended their complete allotment. Reallotment shall be based on 
each State's proportionate share of the total unreimbursed legalized 
alien costs in all States. Reallotted amounts are not available after 
June 30, 1995.

Sec. 13705. Nondiscrimination

  (a) Prohibitions.--(1) A program or activity receiving financial 
assistance made available under this chapter is a program or activity 
receiving financial assistance from the United States Government in 
applying--
          (A) the Age Discrimination Act of 1975 (42 U.S.C. 6101 et 
        seq.);
          (B) section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 
        794);
          (C) title IX of the Education Amendments of 1972 (20 U.S.C. 
        1681 et seq.); or
          (D) title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d 
        et seq.).
  (2) A person may not be excluded, because of sex or religion, from 
participating in, denied a benefit of, or discriminated against under, 
a program or activity receiving financial assistance made available 
under this chapter.
  (b) Violation Notices and Compliance Requests.--When the Secretary of 
Health and Human Services finds that a State or political subdivision 
receiving a payment from an allotment under this chapter is not 
complying with a law referred to in subsection (a)(1) of this section, 
with subsection (a)(2) of this section, or with an applicable 
regulation (including a regulation prescribed to carry out subsection 
(a)(2)), the Secretary shall notify the chief executive officer of the 
State and shall request the chief executive officer to secure 
compliance by the State or political subdivision.
  (c) Administrative Actions.--If within a reasonable time (but not 
more than 60 days after providing notice under subsection (b) of this 
section) the chief executive officer does not secure compliance, the 
Secretary may--
          (1) refer the matter to the Attorney General with a 
        recommendation that a civil action be brought;
          (2) act under the Age Discrimination Act of 1975 (42 U.S.C. 
        6101 et seq.), section 504 of the Rehabilitation Act of 1973 
        (29 U.S.C. 794), or title VI of the Civil Rights Act of 1964 
        (42 U.S.C. 2000d et seq.), as the case may be; or
          (3) take other action provided by law.
  (d) Civil Actions.--The Attorney General may bring a civil action in 
an appropriate district court of the United States for appropriate 
relief when--
          (1) a matter is referred to the Attorney General under 
        subsection (c)(1) of this section; or
          (2) the Attorney General believes the program or activity 
        receiving financial assistance made available under this 
        chapter is engaged in a pattern or practice in violation of--
                  (A) a law referred to in subsection (a)(1) of this 
                section; or
                  (B) subsection (a)(2) of this section.

Sec. 13706. Consultation with State and local officials

  In establishing regulations and guidelines to carry out this chapter, 
the Secretary of Health and Human Services shall consult with 
representatives of State governments and political subdivisions.

Sec. 13707. Reports and audits

  (a) State Annual Reports.--Each State shall submit to the Secretary 
of Health and Human Services an annual report on its activities under 
this chapter. To evaluate properly and compare the performance of 
different States provided assistance under this chapter and to ensure 
the proper expenditure of amounts under this chapter, the report shall 
be in the form and contain information the Secretary decides (after 
consulting with the States and the Comptroller General) is necessary--
          (1) to provide an accurate description of the activities;
          (2) to provide a complete record of the purposes for which 
        amounts were expended and of the recipients of the amounts; and
          (3) to establish the extent to which amounts were expended 
        consistent with this chapter.
  (b) Annual Reports by Secretary.--The Secretary--
          (1) shall report annually to Congress on activities for which 
        amounts are provided under this chapter; and
          (2) shall submit a copy of the report to each State.
  (c) Audits.--(1) Audits shall be conducted as provided under chapter 
75 of title 31.
  (2) Amounts allotted to a State but not expended consistent with this 
chapter--
          (A) shall be repaid by the State to the United States 
        Government; or
          (B) may be offset by the Secretary against any other amount 
        to which the State is or may become entitled under this 
        chapter.
  (3) After notice and an opportunity for a proceeding, the Secretary 
may withhold payment of amounts to a State not using its allotment as 
provided under this chapter. The Secretary may withhold the amounts 
until the Secretary finds that the reason for withholding no longer 
exists and there is reasonable assurance that it will not recur.
  (d) Records.--(1) To evaluate and review assistance provided under 
this chapter, a record related to the assistance that is in the 
possession, custody, or control of a State, a political subdivision of 
a State, or a grantee of a State or political subdivision shall be made 
available to the Secretary and the Comptroller General.
  (2) A State, political subdivision, or grantee is not required to 
create or prepare new records to comply with paragraph (1) of this 
subsection.
  (e) Availability of Reports and Audits.--(1) A State shall make 
copies of each report and audit required under this section available 
for public inspection within the State.
  (2) On request, a copy of the annual report required by subsection 
(a) of this section shall be provided to any interested public agency. 
Each agency may submit its views on the report to Congress.

Sec. 13708. Criminal penalties

  A person shall be fined under title 18, imprisoned for not more than 
5 years, or both, if the person--
          (1) knowingly and willfully makes or causes to be made a 
        false statement or misrepresentation of a material fact related 
        to providing assistance or services for which payment may be 
        made by a State from amounts allotted to the State under this 
        chapter; or
          (2) knowing of the occurrence of an event affecting the 
        initial or continued right to a payment, conceals or does not 
        disclose the event with an intent to receive payment 
        fraudulently--
                  (A) in a greater amount than is due; or
                  (B) when no payment is authorized.

Sec. 13709. Appropriations

  (a) Annual Appropriation.--For the fiscal year ending September 30, 
1994, there is appropriated $812,000,000 to carry out this chapter for 
costs incurred after September 30, 1989, including United States 
Government, State government, and political subdivision administrative 
costs.
  (b) Changes in Appropriated Amounts.--(1) Except as provided by 
paragraphs (2) and (3) of this subsection, the amount appropriated for 
a fiscal year is decreased by the amount estimated to be expended by 
the Government in that year (as contained in the annual budget 
submitted by the President to Congress for that year) for programs of 
financial assistance, medical assistance, and assistance under the Food 
Stamp Act of 1977 (7 U.S.C. 2011 et seq.) for aliens eligible for 
assistance under section 9310(a)(1) of this title only because of 
section 9310(a)(3) and (b) of this title.
  (2) The amount estimated under paragraph (1) of this section shall 
exclude an amount attributable to supplemental security benefits paid 
under title XVI of the Social Security Act (42 U.S.C. 1381 et seq.) or 
medical assistance provided under a State plan approved under title XIX 
of the Social Security Act (42 U.S.C. 1396 et seq.) for--
          (A) an alien who the Secretary of Health and Human Services 
        decides, based on an application filed before May 5, 1988, for 
        benefits under section 212 of the Act of July 9, 1973 (42 
        U.S.C. 1382 (note)) or title XVI, is--
                  (i) residing permanently in the United States under 
                color of law as provided by section 1614(a)(1)(B)(ii) 
                of the Social Security Act (42 U.S.C. 
                1382c(a)(1)(B)(ii)); and
                  (ii) eligible to receive the benefits under section 
                212 or title XVI for April, 1988; and
          (B) as long as the alien continues without interruption to be 
        eligible to receive the benefits under section 212 or title 
        XVI.
  (3) If expenditures by the Government (as described by paragraph (1) 
of this subsection) for a fiscal year are more than, or less than, the 
amount estimated to be expended for that year under paragraph (1) 
(considering any change under this paragraph), the amount described by 
this section for the next fiscal year shall be decreased or increased, 
respectively, by the amount of the excess or deficit for the prior 
fiscal year.

CHAPTER 139--REIMBURSEMENT FOR COSTS OF IMPRISONING CUBAN NATIONALS AND 
                             ILLEGAL ALIENS

Sec.
13901.  Payment of costs of imprisoning certain Cuban nationals.
13902.  Reimbursement of costs of imprisoning certain Cuban nationals 
          and illegal aliens.
13903.  Limitation.

Sec. 13901. Payment of costs of imprisoning certain Cuban nationals

  (a) Payments to States and Counties.--The Attorney General shall pay 
a State or county for costs incurred by the State or county in 
imprisoning, during the fiscal year for which payment is made, a Cuban 
national who--
          (1) was paroled into the United States in 1980 by the 
        Attorney General;
          (2) after being paroled, violated a State or county law for 
        which a term of imprisonment was imposed; and
          (3) at the time of the parole and violation, was not lawfully 
        admitted for permanent residence or not admitted under an 
        immigrant or nonimmigrant visa issued under this title.
  (b) Applications for Payments.--For a State or county to be paid 
under this section, the chief executive officer of the State or county 
shall submit an application to the Attorney General, under regulations 
prescribed by the Attorney General. The application shall contain--
          (1) the number and names of Cuban nationals for whose 
        imprisonment the State or county is entitled to be paid; and
          (2) other information the Attorney General requires.
  (c) Reduction if Appropriations Insufficient.--For each fiscal year, 
the Attorney General shall make payment under this section to States 
and counties the Attorney General decides are eligible under this 
section. However, if amounts appropriated for the fiscal year to carry 
out this section are not sufficient to make all payments, each payment 
shall be ratably reduced so that the total of the payments equals the 
amount appropriated.
  (d) Policy on Return of Cuban Nationals.--It is the policy of the 
United States Government that the President, in consultation with the 
Attorney General, other appropriate officials of the United States 
Government, and appropriate State and county chief executive officers 
referred to in subsection (b) of this section, shall place top priority 
on seeking the expeditious removal from the United States and return by 
any responsible means to Cuba of Cuban nationals described by 
subsection (a) of this section.

Sec. 13902. Reimbursement of costs of imprisoning certain Cuban nationals 
and illegal aliens

  The Attorney General shall reimburse a State for costs incurred by 
the State in imprisoning any of the following Cuban nationals and 
illegal aliens convicted by the State of a felony:
  (1) a Cuban national who--
          (A) was paroled into the United States in 1980 by the 
        Attorney General;
          (B) after being paroled, violated a State or local law for 
        which a term of imprisonment was imposed; and
          (C) at the time of parole and violation, was not lawfully 
        admitted for permanent or temporary residence or not admitted 
        under an immigrant or nonimmigrant visa issued under this 
        title.
  (2) an illegal alien who is in the United States unlawfully and--
          (A) whose most recent entry into the United States was 
        without inspection; or
          (B) who was admitted to the United States as a nonimmigrant 
        and whose--
                  (i) period of authorized stay as a nonimmigrant 
                expired before the date of committing the crime for 
                which the illegal alien was convicted; or
                  (ii) unlawful status was known to the United States 
                Government before the date of committing the crime for 
                which the alien was convicted.

Sec. 13903. Limitation

  The Attorney General may expend amounts under this chapter in a 
fiscal year only to the extent and in the amount provided in advance by 
an appropriation law.

SUBTITLE V--CITIZENSHIP AND NATIONALITY

Chapter                                                             Sec.

CITIZENSHIP AND NATIONALITY AT BIRTH AND COLLECTIVE NATURALIZATION.20101
NATURALIZATION ELIGIBILITY.........................................20301
NATURALIZATION PROCEDURE...........................................20501
LOSS OF NATIONALITY................................................20701
NATIONALITY DOCUMENTS..............................................20901
MISCELLANEOUS......................................................21101

   CHAPTER 201--CITIZENSHIP AND NATIONALITY AT BIRTH AND COLLECTIVE 
                             NATURALIZATION

Sec.
20101.  Individuals born in the United States.
20102.  Individuals born in American Samoa.
20103.  Individuals found in the United States or American Samoa.
20104.  Individuals born outside the United States and American Samoa.
20105.  Individuals born out of wedlock.
20106.  Individuals born in the Republic of Panama or the Canal Zone.
20107.  Noncitizen Indians born in Alaska after March 29, 1867, and 
          before June 2, 1924.
20108.  Citizens of the Republic of Hawaii and individuals born in 
          Hawaii after August 11, 1898, and before April 30, 1900.
20109.  Individuals residing in or born in Guam after April 10, 1899, 
          and before August 1, 1950.
20110.  Individuals born in Puerto Rico after April 10, 1899, and before 
          January 13, 1941.
20111.  Individuals born in or residing in the Virgin Islands after 
          January 17, 1917, and before June 28, 1932.

Sec. 20101. Individuals born in the United States

  (a) Citizen at Birth.--The following individuals are citizens of the 
United States at birth:
          (1) an individual born in, and subject to the jurisdiction 
        of, the <gr-thn-eq>United States.
          (2) an individual born in the United States to a member of an 
        Indian, Eskimo, Aleutian, or other aboriginal tribe.
  (b) Property Rights Not Affected.--Subsection (a)(2) of this section 
does not affect property rights.

Sec. 20102. Individuals born in American Samoa

  (a) Citizen at Birth.--An individual born in American Samoa is a 
citizen of the United States at birth if one of the individual's 
parents is a citizen of the United States who was physically present in 
the United States or American Samoa for at least one continuous year 
before the individual's birth.
  (b) National, but Not Citizen, at Birth.--An individual born in 
American Samoa who is not a citizen of the United States at birth under 
subsection (a) of this section is a national, but not a citizen, of the 
United States at birth.

Sec. 20103. Individuals found in the United States or American Samoa

  (a) Citizen at Birth.--An individual of unknown parents found in the 
United States before becoming 5 years of age is a citizen of the United 
States at birth unless shown, before the individual becomes 21 years of 
age, that the individual was not born in the United States.
  (b) National, but Not Citizen, at Birth.--An individual of unknown 
parents found in American Samoa before becoming 5 years of age is a 
national, but not a citizen, of the United States at birth unless 
shown, before the individual becomes 21 years of age, that the 
individual was not born in American Samoa.

Sec. 20104. Individuals born outside the United States and American Samoa

  (a) Citizen at Birth.--An individual born outside the United States 
and American Samoa is a citizen of the United States at birth if--
          (1) both parents are citizens of the United States and at 
        least one parent had a residence in the United States or 
        American Samoa before the individual's birth;
          (2) one parent is a national, but not a citizen, of the 
        United States and the other parent is a citizen of the United 
        States who was physically present in the United States or 
        American Samoa for at least one continuous year before the 
        individual's birth; or
          (3) one parent is an alien and the other parent is a citizen 
        of the United States who, before the individual's birth, was 
        physically present in the United States or American Samoa for 
        at least 5 years, at least 2 of which were after the citizen 
        parent became 14 years of age.
  (b) National, but Not Citizen, at Birth.--(1) An individual born 
outside the United States and American Samoa is a national, but not a 
citizen, of the United States at birth if--
          (A) both parents are nationals, but not citizens, of the 
        United States who had a residence in the United States or 
        American Samoa before the individual's birth; or
          (B) one parent is an alien and the other parent is a 
        national, but not a citizen, of the United States who, before 
        the individual's birth, was physically present in the United 
        States or American Samoa for at least 7 years in any continuous 
        10-year period--
                  (i) during which the national parent was not outside 
                the United States and American Samoa for more than one 
                continuous year; and
                  (ii) at least 5 years of which were after the 
                national parent became 14 years of age.
  (2) An individual born before August 27, 1986, is a national, but not 
a citizen, of the United States under paragraph (1)(B) of this 
subsection only as of the date the individual satisfies the Secretary 
of State that the individual meets the requirements of paragraph 
(1)(B).
  (c) Time Outside the United States Included in Period of Presence.--
In subsections (a)(3) and (b)(1)(B) of this section, the period of 
physical presence includes, for an individual born after December 23, 
1952, any period the citizen parent or national parent spent outside 
the United States and American Samoa--
          (1) honorably serving in the armed forces of the United 
        States or employed by the United States Government or an 
        international organization; or
          (2) as a dependent unmarried son or daughter and member of 
        the household of an individual honorably serving in the armed 
        forces or employed by the Government or an international 
        organization.
  (d) Individual Born Between 1941 and 1952.--Subsection (a)(3) of this 
section also applies to an individual if--
          (1) the individual was born outside the United States and 
        American Samoa after January 12, 1941, and before December 24, 
        1952;
          (2) one of the individual's parents is a citizen of the 
        United States who served in the armed forces of the United 
        States after December 31, 1946, and before December 24, 1952; 
        and
          (3) the individual did not become a citizen under section 
        201(g) or (i) of the Nationality Act of 1940.

Sec. 20105. Individuals born out of wedlock

  (a) Nationality at Birth Through Mother.--An individual born out of 
wedlock outside the United States after December 23, 1952, is--
          (1) a citizen of the United States at birth if the mother is 
        a citizen of the United States who was physically present in 
        the United States or American Samoa for at least one continuous 
        year before the individual's birth; or
          (2) a national, but not a citizen, of the United States at 
        birth if the mother is a national, but not a citizen, of the 
        United States who was physically present in the United States 
        or American Samoa for at least one continuous year before the 
        individual's birth.
  (b) Nationality at Birth Through Father.--(1) Sections 20102(a) and 
20104(a) and (b)(1)(A) of this title apply to an individual born out of 
wedlock after December 23, 1952, if--
          (A) a blood relationship between the individual and the 
        father is established by clear and convincing evidence;
          (B) the father--
                  (i) is a citizen of the United States or a national, 
                but not a citizen, of the United States when the 
                individual is born; and
                  (ii) if alive when the individual is born, agrees in 
                writing to provide financial support for the individual 
                until the individual is 18 years of age; and
          (C) before the individual becomes 18 years of age--
                  (i) the individual is legitimated under the law of 
                the individual's residence or domicile;
                  (ii) the father acknowledges paternity in writing 
                under oath; or
                  (iii) a court of competent jurisdiction establishes 
                paternity.
  (2) Section 20104(a)(3) of this title applies to an individual born 
out of wedlock after January 12, 1941, and before December 24, 1952, if 
paternity is established and the individual is legitimated before 
becoming 21 years of age.

Sec. 20106. Individuals born in the Republic of Panama or the Canal Zone

  (a) Individual Born in Republic of Panama.--An individual born in the 
Republic of Panama--
          (1) after February 25, 1904, and before August 4, 1937, is a 
        citizen of the United States as of August 4, 1937, if one 
        parent was a citizen of the United States employed by the 
        United States Government or the Panama Canal Commission when 
        the individual was born; or
          (2) after August 3, 1937, is a citizen of the United States 
        at birth if one parent is a citizen of the United States 
        employed by the Government or the Panama Canal Commission or 
        its successor when the individual is born.
  (b) Individual Born in Canal Zone.--An individual born in the Canal 
Zone--
          (1) after February 25, 1904, and before August 4, 1937, is a 
        citizen of the United States as of August 4, 1937, if one 
        parent was a citizen of the United States when the individual 
        was born; or
          (2) after August 3, 1937, and before October 1, 1979, is a 
        citizen of the United States at birth if one parent was a 
        citizen of the United States when the individual was born.

Sec. 20107. Noncitizen Indians born in Alaska after March 29, 1867, and 
before June 2, 1924

  A noncitizen Indian born in Alaska after March 29, 1867, and before 
June 2, 1924, is a citizen of the United States as of June 2, 1924.

Sec. 20108. Citizens of the Republic of Hawaii and individuals born in 
Hawaii after August 11, 1898, and before April 30, 1900

  The following individuals are citizens of the United States as of 
April 30, 1900:
          (1) a citizen of the Republic of Hawaii on August 12, 1898.
          (2) an individual born in Hawaii after August 11, 1898, and 
        before April 30, 1900.

Sec. 20109. Individuals residing in or born in Guam after April 10, 1899, 
and before August 1, 1950

  (a) Citizenship.--Except as provided by this section, the following 
individuals are citizens of the United States as of August 1, 1950:
          (1) a Spanish subject or an individual born in Guam who 
        resided in Guam on April 11, 1899, and continued to reside in 
        the United States or a territory or possession of the United 
        States through August 1, 1950.
          (2) an individual born after April 11, 1899, and before 
        August 1, 1950, of parents who are citizens under clause (1) of 
        this subsection.
          (3) an individual born in Guam after April 10, 1899, and 
        before August 1, 1950, and subject to the jurisdiction of the 
        United States.
  (b) Individual Who Took Affirmative Step To Preserve or Acquire 
Nationality of a Foreign Country.--Subsection (a) of this section does 
not apply to an individual who took an affirmative step to preserve or 
acquire the nationality of a foreign country before August 1, 1950.
  (c) Individual Who Declared Desire To Remain a National of a Foreign 
Country.--An individual under this section who was a national of a 
foreign country before August 1, 1950, and who declared under oath 
before August 1, 1952, in a way prescribed by the Attorney General, a 
desire to remain a national of the foreign country is not a national of 
the United States as of the date the declaration is made.

Sec. 20110. Individuals born in Puerto Rico after April 10, 1899, and 
before January 13, 1941

  An individual is a citizen of the United States as of January 13, 
1941, if the individual was--
          (1) born in Puerto Rico after April 10, 1899, and before 
        January 13, 1941;
          (2) subject to the jurisdiction of the United States; and
          (3) residing in the United States or a territory or 
        possession of the United States on January 13, 1941.

Sec. 20111. Individuals born in or residing in the Virgin Islands after 
January 17, 1917, and before June 28, 1932

  The following individuals are citizens of the United States as of 
February 25, 1927:
          (1) an individual born in the Virgin Islands who--
                  (A) resided in the Virgin Islands on January 17, 
                1917, resided in the United States on February 25, 
                1927, and was not a citizen or subject of a foreign 
                country on February 25, 1927;
                  (B) resided in the United States on January 17, 1917, 
                resided in the Virgin Islands on February 25, 1927, and 
                was not a citizen or subject of a foreign country on 
                February 25, 1927;
                  (C) resided in the continental United States or a 
                territory or possession of the United States on June 
                28, 1932, and was not a citizen or subject of a foreign 
                country on June 28, 1932; or
                  (D) after January 16, 1917, and before February 25, 
                1927, was subject to the jurisdiction of the United 
                States.
          (2) a citizen of Denmark who--
                  (A) resided in the Virgin Islands on January 17, 
                1917;
                  (B) resided in the United States on February 25, 
                1927; and
                  (C) did not make the declaration to preserve Danish 
                citizenship under article 6 of the treaty of August 4, 
                1916, between the <gr-thn-eq>United States and Denmark, 
                or made the declaration and renounced it, or renounces 
                it by a declaration before a court of record.
          (3) an individual born after January 17, 1917, and before 
        February 25, 1927, of parents who are citizens of the United 
        States under clause (1) or (2) of this section.

                CHAPTER 203--NATURALIZATION ELIGIBILITY

                        SUBCHAPTER I--ELIGIBILITY

Sec.
20301.  General requirements.
20302.  Temporary absences for certain employment.
20303.  Temporary absences to perform religious functions.
20304.  Individuals married to citizens of the United States.
20305.  Children born of an alien parent and a citizen parent.
20306.  Children born of alien parents or a parent who lost citizenship.
20307.  Children having a citizen parent at time of application.
20308.  Children adopted before becoming 16 years of age by a citizen 
          parent.
20309.  Individuals employed by United States nonprofit organizations 
          disseminating information.
20310.  Individuals making extraordinary contributions to the security 
          of the United States.
20311.  Individuals with service on American vessels.
20312.  Individuals with 3 years of service in the armed forces.
20313.  Individuals with service in the armed forces during war or 
          military hostilities.
20314.  Posthumous naturalization of individuals who die during service 
          in the armed forces during war or military hostilities.
20315.  Individuals who lost citizenship by entering the armed forces of 
          a foreign country.
20316.  Alien enemies.
20317.  Women who lost citizenship through marriage.
20318.  Nationals residing in American Samoa.
20319.  Philippine citizens who entered before May 1, 1934.

                      SUBCHAPTER II--INELIGIBILITY

20331.  Individuals dangerous to the welfare, safety, and security of 
          the United States.
20332.  Deserters and draft evaders.
20333.  Aliens exempted or discharged from the armed forces or the 
          National Security Training Corps.

                       SUBCHAPTER I--ELIGIBILITY

Sec. 20301. General requirements

  (a) Naturalization Requirements.--Except as otherwise provided, an 
individual may be naturalized as a citizen of the United States only if 
the individual satisfies the following requirements:
          (1) The individual must be at least 18 years of age when 
        filing an application for naturalization.
          (2) The individual must be lawfully admitted for permanent 
        residence.
          (3) The individual must have resided in the United States, 
        after being lawfully admitted for permanent residence, 
        continuously for at least 5 years immediately before filing the 
        application.
          (4) The individual must have been physically present in the 
        United States for at least half of the 5 years immediately 
        before filing the application.
          (5) The individual must have resided in the State or district 
        of the Immigation and Naturalization Service in the United 
        States in which the application is filed for at least 3 months 
        immediately before filing the application.
          (6) The individual must reside in the United States 
        continuously from the date of filing the application through 
        the time the individual is naturalized.
          (7) The individual must be able to demonstrate an 
        understanding of the English language, including the ability to 
        speak words in ordinary usage and the ability to read and write 
        simple words and phrases in ordinary usage, without 
        extraordinary or unreasonable conditions being required. This 
        paragraph does not apply to an individual who--
                  (A) is physically unable to satisfy this paragraph; 
                or
                  (B) on the date the application is filed--
                          (i) is at least 50 years of age and has lived 
                        in the United States for at least 20 years 
                        after being lawfully admitted for permanent 
                        residence; or
                          (ii) is at least 55 years of age and has 
                        lived in the United States for at least 15 
                        years after being lawfully admitted for 
                        permanent residence.
          (8) The individual must be able to demonstrate knowledge and 
        understanding of the fundamentals of the history, and of the 
        principles and form of government, of the United States.
          (9) The individual must have been of good moral character, 
        attached to the principles of the Constitution, and well 
        disposed to the good order and happiness of the United States 
        for at least 5 years immediately before filing the application, 
        and remain so from the date of filing the application through 
        the time the individual is naturalized.
  (b) Conduct More Than 5 Years Before Application Filed.--Conduct more 
than 5 years before an application is filed may be considered in 
deciding whether an individual satisfies the requirements of subsection 
(a)(9) of this section.
  (c) Temporary Absences.--(1) An absence from the United States of not 
more than 6 months does not break the continuity of residence required 
under subsection (a) of this section.
  (2) An absence of more than 6 months but less than one year breaks 
the continuity of residence, unless the individual satisfies the 
Attorney General that the individual did not abandon residence in the 
United States during the absence.
  (3) Except as otherwise provided, an absence of one year breaks the 
continuity of residence.
  (d) Prohibition on Discrimination.--The right of an individual to be 
naturalized as a citizen of the United States may not be denied or 
abridged because of race or sex or because the individual is married.

Sec. 20302. Temporary absences for certain employment

  (a) Residence.--An individual temporarily absent from the United 
States (even though for a year or more) is deemed to be residing in the 
United States under section 20301(a)(3) and (6) of this title during 
the absence if--
          (1) the individual has resided and been physically present in 
        the United States, after being lawfully admitted for permanent 
        residence, continuously for at least one year;
          (2) after the one-year period described by clause (1) of this 
        subsection--
                  (A) the individual is employed by or under a contract 
                with the United States Government;
                  (B) the individual is employed by or under a contract 
                with, and carrying out scientific research for, a 
                United States research institution recognized by the 
                Attorney General;
                  (C)(i) the individual is employed by a United States 
                firm or corporation developing foreign trade and 
                commerce of the United States, or by a subsidiary of 
                the firm or corporation more than 50 percent of the 
                stock of which is owned by the firm or corporation; and
                  (ii) the individual is developing foreign trade and 
                commerce of the United States or the individual's 
                residence outside the United States is necessary to 
                protect the property rights of the firm or corporation 
                in a foreign country; or
                  (D) the individual--
                          (i) is employed by a public international 
                        organization of which the United States is a 
                        member by treaty or law; and
                          (ii) was not employed by the organization 
                        until after being lawfully admitted for 
                        permanent residence;
          (3) before beginning the employment and before the end of one 
        year of continuous absence from the United States, the 
        individual satisfies the Attorney General that the absence will 
        be for a purpose described by clause (2) of this subsection; 
        and
          (4) the individual satisfies the Attorney General that the 
        absence was for the purpose for which the absence was approved.
  (b) Physical Presence.--(1) Except as provided by paragraph (2) of 
this subsection, an individual satisfying subsection (a) of this 
section still must satisfy the physical presence requirement of section 
20301(a)(4) of this title.
  (2) An individual employed by or under a contract with the Government 
and satisfying subsection (a) of this section does not have to satisfy 
the physical presence requirement of section 20301(a)(4) of this title.
  (3) An individual employed by or under a contract with the Central 
Intelligence Agency may satisfy the physical presence requirement of 
subsection (a)(1) of this section by physical presence at any time 
before filing the application for naturalization.
  (c) Spouses, Unmarried Sons, and Unmarried Daughters.--A spouse, 
unmarried son, or unmarried daughter of an individual satisfying 
subsection (a) of this section is entitled to the same benefits under 
subsection (a) as the individual during the period the spouse, son, or 
daughter resided outside the United States as a dependent member of the 
household of the individual.

Sec. 20303. Temporary absences to perform religious functions

  An individual temporarily absent from the United States is deemed to 
be residing and physically present in the United States under section 
20301(a)(3), (4), and (6) of this title during the absence if the 
individual--
          (1) has resided and been physically present in the United 
        States, after being lawfully admitted for permanent residence, 
        continuously for at least one year before filing the 
        application for naturalization;
          (2)(A) is authorized to perform the ministerial or priestly 
        functions of a religious denomination having an organization in 
        the United States; or
          (B) is serving only as a missionary, brother, nun, or sister 
        of a religious denomination or an interdenominational mission 
        organization having an organization in the United States; and
          (3) satisfies the Attorney General that the absence was only 
        to perform the functions or service described by clause (2) of 
        this section.

Sec. 20304. Individuals married to citizens of the United States

  (a) General.--An individual married to a citizen of the United States 
may be naturalized without regard to section 20301(a)(3) or (4) of this 
title if the individual--
          (1) resided in the United States, after being lawfully 
        admitted for permanent residence, continuously for at least 3 
        years immediately before filing the application for 
        naturalization;
          (2) lived in marriage with the citizen spouse for the 3-year 
        period, with the spouse being a citizen during all of that 
        period; and
          (3) was physically present in the United States for at least 
        half of the 3-year period.
  (b) Citizen Spouses Employed Outside United States.--An individual 
married to a citizen of the United States may be naturalized without 
regard to section 20301(a)(3)-(6) of this title if--
          (1) the citizen spouse is--
                  (A) employed by the United States Government;
                  (B) employed by a United States research institution 
                recognized by the Attorney General;
                  (C) employed by a United States firm or corporation 
                developing foreign trade and commerce of the United 
                States or by a subsidiary of the firm or corporation;
                  (D) employed by a public international organization 
                of which the United States is a member by treaty or 
                law;
                  (E) authorized to perform the ministerial or priestly 
                functions of a religious denomination having an 
                organization in the United States; or
                  (F) serving only as a missionary of a religious 
                denomination or an interdenominational mission 
                organization having an organization in the United 
                States;
          (2) the citizen spouse is regularly stationed outside the 
        United States in the employment or activity described by clause 
        (1) of this subsection;
          (3) the individual declares in good faith to the Attorney 
        General an intention to reside in the United States immediately 
        after the employment or activity of the citizen spouse outside 
        the United States ends; and
          (4) the individual is in the United States at the time of 
        naturalization.
  (c) Surviving Spouses of Citizens in Armed Forces.--(1) An individual 
may be naturalized without regard to section 20301(a)(3)-(6) of this 
title if--
          (A) the individual is the surviving spouse of a citizen of 
        the United States who died when serving honorably on active 
        duty in the armed forces of the United States; and
          (B) the individual and the citizen spouse were living in 
        marriage at the time of the death.
  (2) This subsection does not apply to an individual who is the 
surviving spouse of a citizen granted citizenship posthumously under 
section 20314 of this title.

Sec. 20305. Children born of an alien parent and a citizen parent

  (a) General.--A child born outside the United States, one of whose 
parents at the time of the child's birth was an alien and the other of 
whose parents at the time of the child's birth was a citizen of the 
United States and remains a citizen, is naturalized as a citizen of the 
United States when the following events occur, if they occur before the 
child becomes 18 years of age:
          (1) the alien parent is naturalized.
          (2) the child begins residing in the United States after 
        being lawfully admitted for permanent residence.
  (b) Adopted Child.--Subsection (a) of this section applies to an 
adopted child only if the child, at the time of the naturalization of 
the alien parent, is--
          (1) in the custody of the adoptive parents; and
          (2) residing in the United States after being lawfully 
        admitted for permanent residence.

Sec. 20306. Children born of alien parents or a parent who lost citizenship

  (a) General.--A child born outside the United States of alien 
parents, or of one alien parent and one parent who was a citizen of the 
United States at the time of the child's birth but later lost 
citizenship, is naturalized as a citizen of the United States when the 
following events occur, if they before the child becomes 18 years of 
age:
          (1)(A) both parents are naturalized;
          (B) the surviving parent is naturalized if one parent is 
        deceased;
          (C) the parent with legal custody is naturalized if the 
        parents are legally separated; or
          (D) the mother is naturalized if the child was born out of 
        wedlock and paternity is not established by legitimation.
          (2) the child begins residing in the United States after 
        being lawfully admitted for permanent residence.
  (b) Adopted Child.--Subsection (a) of this section applies to an 
adopted child only if the child, at the time of the naturalization of 
the alien parent or parents, is--
          (1) in the custody of the adoptive parents; and
          (2) residing in the United States after being lawfully 
        admitted for permanent residence.

Sec. 20307. Children having a citizen parent at time of application

  (a) General.--A child born outside the United States, one or both of 
whose parents is a citizen of the United States at the time the citizen 
parent files an application for naturalization of the child, may be 
naturalized without regard to section 20301(a)(3), (4), or (6)-(8) of 
this title if the child is--
          (1) less than 18 years of age; and
          (2) residing in the United States with that citizen parent 
        after being lawfully admitted for permanent residence.
  (b) Child of Tender Years.--A child of tender years for whom an 
application is filed under subsection (a) of this section is deemed to 
satisfy section 20301(a)(9) of this title.
  (c) Adopted Child.--(1) This section applies to an adopted child only 
if the child is also in the custody of the adoptive parent or parents.
  (2) An adopted child whose parent applies for naturalization of the 
child under this section may be naturalized without regard to section 
20301(a)(5) of this title if--
          (A) the adoptive citizen parent--
                  (i) is regularly stationed outside the United States 
                in an employment or activity described by section 
                20304(b)(1) of this title; and
                  (ii) declares in good faith to the Attorney General 
                an intention to reside in the United States immediately 
                after the employment or activity ends; and
          (B) the child is in the United States at the time of 
        naturalization.

Sec. 20308. Children adopted before becoming 16 years of age by a citizen 
parent

  A child born outside the United States and adopted by a citizen of 
the United States may be naturalized without regard to section 20301(a) 
of this title, on application by the adoptive citizen parent, if the 
Attorney General is satisfied that--
          (1) the applicant is a citizen of the United States, and if 
        the applicant is married, the applicant's spouse is a citizen 
        of the United States;
          (2) the child was adopted before becoming 16 years of age by 
        a citizen parent;
          (3) the child is less than 18 years of age;
          (4) the child is in the custody of the applicant;
          (5) the child is residing in the United States after being 
        lawfully admitted for permanent residence; and
          (6) the child is in the United States at the time of 
        naturalization.

Sec. 20309. Individuals employed by United States nonprofit organizations 
disseminating information

  An individual may be naturalized without regard to section 
20301(a)(3)-(6) of this title if the individual--
          (1) is employed by a nonprofit organization incorporated in 
        the United States that is principally engaged outside the 
        United States in disseminating, through communication media, 
        information significantly promoting United States interests 
        outside the United States and that is recognized by the 
        Attorney General;
          (2) has been employed by the organization continuously for at 
        least 5 years after being lawfully admitted for permanent 
        residence;
          (3) files the application for naturalization when employed by 
        the organization or within 6 months after ending the 
        employment;
          (4) is in the United States at the time of naturalization; 
        and
          (5) declares in good faith to the Attorney General an 
        intention to reside in the United States immediately after the 
        employment ends.

Sec. 20310. Individuals making extraordinary contributions to the security 
of the United States

  (a) Residence and Physical Presence.--(1) An individual may be 
naturalized without regard to section 20301(a)(3)-(6) of this title 
if--
          (A) the Director of Central Intelligence, the Attorney 
        General, and the Commissioner of Immigration and Naturalization 
        decide that the individual has made an extraordinary 
        contribution to the security of the United States or to the 
        conduct of United States intelligence activities; and
          (B) the individual resides in the United States continuously 
        for at least one year before being naturalized.
  (2) This section does not apply to an individual described by section 
6537(e)(2) of this title.
  (b) Nonapplication of Certain Grounds of Ineligibility.--Section 
20331 of this title does not apply to an individual described by 
subsection (a) of this section.
  (c) Procedure.--A proceeding under this section shall be conducted in 
a way consistent with the protection of intelligence sources, methods, 
and activities.
  (d) Numerical Limit.--Not more than 5 individuals may be naturalized 
in a fiscal year under this section.
  (e) Notice to Congressional Committees.--The Director shall inform 
the Select Committee on Intelligence and the Committee on the Judiciary 
of the Senate and the Permanent Select Committee on Intelligence and 
the Committee on the Judiciary of the House of Representatives within a 
reasonable time before an application is filed under this section.

Sec. 20311. Individuals with service on American vessels

  (a) Definition.--In this section, ``American vessel'' means a vessel 
that--
          (1) is owned and operated by the United States Government; or
          (2)(A) has its home port in the United States; and
          (B)(i) is documented under chapter 121 of title 46; or
          (ii) is owned by a citizen of the United States or a 
        corporation organized under the laws of a State.
  (b) Residence and Physical Presence.--An individual serving honorably 
or with good conduct in any capacity (except as a member of the armed 
forces of the United States) on an American vessel is deemed to be 
residing and physically present in the United States under section 
20301(a)(3), (4), and (6) of this title during the period of service if 
the service is--
          (1) after the individual has been lawfully admitted for 
        permanent residence; and
          (2) within 5 years immediately before the date the individual 
        files an application for naturalization.
  (c) Proof of Service on Vessel.--Service on a vessel described by 
subsection (a)(1) of this section shall be proved by a certificate from 
the executive agency having custody of the records of the service. 
Service on a vessel described by subsection (a)(2) of this section may 
be proved by a certificate from the master of the vessel.

Sec. 20312. Individuals with 3 years of service in the armed forces

  (a) Residence and Physical Presence.--(1) Except as provided by 
paragraph (2) of this subsection, an individual may be naturalized 
without regard to section 20301(a)(3)-(5) of this title if the 
individual--
          (A) has served honorably in the armed forces of the United 
        States for periods totaling at least 3 years;
          (B) has never been discharged from the service except 
        honorably; and
          (C) files an application for naturalization when still in the 
        service or within 6 months after being discharged from the 
        service.
  (2) If the service was not continuous, the individual must establish 
the individual's residence in the United States and the State or 
district of the Immigration and Naturalization Service in the United 
States in which the application is filed for--
          (A) any period between periods of service during the 5 years 
        immediately before filing the application; and
          (B) any period between the end of the individual's service 
        and the filing of the application.
  (b) Proof of Honorable Service.--(1) Before a hearing on the 
individual's application, the individual shall provide the Attorney 
General with a certificate from the appropriate executive agency 
showing that--
          (A) the individual served honorably during all periods on 
        which the individual relies for naturalization under this 
        section; and
          (B) the individual has never been discharged from the service 
        except honorably.
  (2) A certificate under paragraph (1) of this subsection is 
conclusive evidence of the service and discharge.
  (c) Proof of Good Moral Character, Attachment to Principles, and 
Favorable Disposition.--Proof of honorable service under this section 
is proof that the individual was of good moral character, attached to 
the principles of the Constitution of the United States, and well 
disposed to the good order and happiness of the United States during 
the period of the service.
  (d) Effect of Finding of Deportability.--Notwithstanding section 
20504(b) of this title, an individual may be naturalized immediately 
under this section if the individual is in the armed forces when being 
naturalized and was examined by a representative of the Immigration and 
Naturalization Service before filing an application for naturalization.
  (e) Applications Filed More Than 6 Months After Discharge.--An 
individual who satisfies subsection (a)(1) (A) and (B) of this section, 
but files an application for naturalization more than 6 months after 
being discharged, is deemed to be residing and physically present in 
the United States during any periods of service within 5 years 
immediately before filing the application.

Sec. 20313. Individuals with service in the armed forces during war or 
military hostilities

  (a) General.--Notwithstanding sections 20316 and 20504(b) of this 
title, an individual may be naturalized without regard to section 
20301(a)(1)-(6) of this title if--
          (1) the individual served honorably on active duty in the 
        armed forces of the United States as an alien or as a national, 
        but not a citizen, of the United States at any time during a 
        period--
                  (A) from April 6, 1917, through November 11, 1918;
                  (B) from September 1, 1939, through December 31, 
                1946;
                  (C) from June 25, 1950, through July 1, 1955;
                  (D) from February 28, 1961, through October 15, 1978; 
                or
                  (E) the President designates by executive order as a 
                period in which the armed forces are engaged in 
                military operations involving armed conflict with a 
                hostile foreign force;
          (2) the individual was--
                  (A) in the United States or American Samoa at the 
                time of enlistment or induction into the armed forces;
                  (B) in the Canal Zone at the time of enlistment or 
                induction if the enlistment or induction was before 
                October 1, 1979; or
                  (C) lawfully admitted for permanent residence after 
                the enlistment or induction; and
          (3) the individual, if discharged from the armed forces, was 
        discharged honorably.
  (b) Service in Regular Army Under the Act of June 30, 1950.--(1) 
Notwithstanding sections 20316 and 20504(b) of this title, an 
individual may be naturalized without regard to section 20301(a)(1) or 
(3)-(6) of this title if the individual--
          (A) enlisted or re-enlisted as an alien in the Regular Army 
        under the Act of June 30, 1950 (ch. 443, 64 Stat. 316);
          (B) served at least 5 years in the Regular Army; and
          (C) was discharged honorably from the Regular Army.
  (2) An individual described by paragraph (1) of this subsection is 
deemed to have been lawfully admitted for permanent residence if the 
individual--
          (A) entered the United States, American Samoa, or the Canal 
        Zone under military orders after enlistment; and
          (B) is otherwise eligible to be naturalized.
  (c) Period of Service Available Only Once.--A period of service in 
the armed forces may not be used as the basis for naturalization under 
this section if the individual has been naturalized previously because 
of the same period of service.
  (d) Proof of Honorable Service and Discharge.--Service required by 
this section shall be proved by a certificate from the executive agency 
under which the individual served. The head of the executive agency 
shall decide, and the certificate shall state, whether the individual 
served honorably on active duty during a period specified in this 
section and was discharged honorably. An individual's service and 
discharge are not honorable under this section if the individual was 
discharged from the armed forces because of alienage or was a 
conscientious objector who performed no active duty or refused to wear 
the uniform.

Sec. 20314. Posthumous naturalization of individuals who die during service 
in the armed forces during war or military hostilities

  (a) Granting Citizenship.--The Attorney General shall grant 
posthumous citizenship, as of the time of death, to an eligible 
individual under subsection (b) of this section if the Attorney General 
approves a request for posthumous citizenship for the individual under 
subsection (c) of this section.
  (b) Eligibility.--(1) An individual is eligible for posthumous 
citizenship under this section if the individual--
          (A) served honorably on active duty in the armed forces of 
        the United States as an alien or as a national, but not a 
        citizen, of the United States during any period described by 
        section 20313(a)(1) of this title;
          (B) died as a result of injury or disease incurred in or 
        aggravated by that service; and
          (C) satisfied the requirements of section 20313(a)(2) of this 
        title.
  (2) The head of the executive agency under which the individual 
served shall decide whether the individual satisfied the requirements 
of paragraph (1) (A) and (B) of this subsection.
  (c) Requests.--A request to grant posthumous citizenship to an 
individual under this section may be filed only by an individual who 
is, as defined by the Attorney General, the next of kin or another 
representative. The Attorney General shall approve the request if--
          (1) the request is filed not later than 2 years after the 
        date of the individual's death;
          (2) the request includes a certificate from the executive 
        agency under which the individual served stating that the 
        individual satisfied the requirements of subsection (b) (1) (A) 
        and (B) of this section; and
          (3) the Attorney General finds that the individual satisfied 
        the requirements of subsection (b)(1)(C) of this section.
  (d) Documentation.--If the Attorney General approves a request under 
this section, the Attorney General shall provide the individual who 
filed the request with a document stating that the United States 
Government considers the individual for whom the request was filed to 
have been a citizen of the United States at the time of the 
individual's death.
  (e) No Benefits to Survivors.--The granting of posthumous citizenship 
to an individual under this section does not provide any benefits under 
this title for any relative of the individual.

Sec. 20315. Individuals who lost citizenship by entering the armed forces 
of a foreign country

  (a) General.--An individual may be naturalized without regard to 
section 20301(a)(3)-(6) or (9) of this title if--
          (1) the individual, when a citizen of the United States, 
        served in the armed forces of a foreign country at any time 
        during the period from September 1, 1939, through September 2, 
        1945;
          (2) that foreign country was at war with a foreign country 
        with which the United States was at war after December 7, 1941, 
        and before September 2, 1945;
          (3) the individual lost citizenship of the United States by 
        entering, serving in, or taking an oath or obligation to enter 
        or serve in, those armed forces;
          (4) the individual intends to reside permanently in the 
        United States; and
          (5) the individual has been of good moral character, attached 
        to the principles of the Constitution, and well disposed to the 
        good order and happiness of the United States for at least 5 
        years immediately before taking the oath required for 
        naturalization.
  (b) Previous Status Reacquired.--An individual naturalized under this 
section or section 323 of the Nationality Act of 1940 has, from the 
date of naturalization, the same status as a citizen at birth or a 
naturalized citizen that the individual had before losing citizenship. 
Naturalization of the individual does not confer citizenship 
retroactively on the individual for the period that the individual was 
not a citizen of the United States.
  (c) Nonapplication to Certain Individuals.--This section does not 
apply to an individual who served in the armed forces of a foreign 
country at any time during the period from September 1, 1939, through 
September 2, 1945, when that country was at war with the United States.

Sec. 20316. Alien enemies

  (a) When Individual Is Alien Enemy.--In this section, an alien enemy 
is an individual who is a native, citizen, subject, or denizen of a 
country or sovereignty at war with the United States. That individual 
ceases to be an alien enemy when the hostilities between the United 
States and the individual's country or sovereignty are declared ended 
by proclamation of the President or concurrent resolution of Congress.
  (b) Specific Conditions for Naturalization.--An alien enemy may be 
naturalized as a citizen of the United States only if--
          (1) the alien enemy's application for naturalization was 
        filed before the war began, except that the Attorney General 
        may waive this requirement;
          (2) the alien enemy's loyalty is established on investigation 
        by the Attorney General; and
          (3) the alien enemy is otherwise eligible to be naturalized.
  (c) Notice and Continuance.--An examination or hearing on an alien 
enemy's application for naturalization may be held only after 90 days' 
notice to the Attorney General. If the Attorney General objects to 
consideration of the application, the application shall be continued 
for as long as the Attorney General requires.
  (d) Lawful Apprehension and Removal Allowed.--This section does not 
prevent the lawful apprehension and removal of an alien enemy.

Sec. 20317. Women who lost citizenship through marriage

  (a) General.--(1) A woman may be naturalized without regard to 
section 20301(a)(3)-(6) of this title if she--
          (A) lost citizenship of the United States--
                  (i) by marrying an alien before September 22, 1922;
                  (ii) by marrying after September 21, 1922, an alien 
                who was ineligible to become a citizen of the United 
                States; or
                  (iii) through her husband's loss of citizenship of 
                the United States before September 22, 1922; and
          (B) has taken no affirmative action to acquire the 
        nationality of another country except by marriage.
  (2) A woman described by subsection (a) of this section may be 
naturalized without regard to section 20301(a)(2) of this title if she 
has resided in the United States continuously since the date of her 
marriage.
  (b) Naturalization on Taking Oath for Certain Women.--(1) A woman may 
be naturalized without filing an application for naturalization or 
complying with any other requirement for naturalization, by taking the 
oath required for naturalization, if--
          (A) she was a citizen of the United States at birth;
          (B) she lost that citizenship by marrying--
                  (i) an alien before September 22, 1922; or
                  (ii) after September 21, 1922, an alien who was 
                ineligible to become a citizen of the United States;
          (C) her marriage to that alien ended after January 12, 1941;
          (D) she has taken no affirmative action to acquire the 
        nationality of another country except by marriage; and
          (E) she is not ineligible to be naturalized under section 
        20331 of this title.
  (2) A woman satisfying paragraph (1) of this subsection may take the 
oath--
          (A) in the United States before the Attorney General or a 
        judge or a clerk of a court described by section 20511 of this 
        title; or
          (B) outside the United States before a diplomatic or consular 
        officer.
  (3) The Attorney General, court, embassy, legation, or consulate, as 
appropriate, shall--
          (A) enter the oath in the records of the Attorney General, 
        court, embassy, legation, or consulate; and
          (B) deliver to the woman, on her request, a certified copy of 
        the proceedings and oath, under seal of Department of Justice, 
        court, embassy, legation, or consulate, at a cost of not more 
        than $5.
  (4) A certified copy of the proceedings and the oath delivered under 
paragraph (3) of this subsection is evidence of the facts stated in the 
copy in any court of record, judicial tribunal, or agency.
  (c) Previous Status Reacquired.--A woman naturalized under this 
section or section 317(a) or (b) of the Nationality Act of 1940 has, 
from the date of naturalization, the same status as a citizen at birth 
or a naturalized citizen that she had before losing citizenship. 
Naturalization of the woman does not confer citizenship on the woman 
retroactively for any period that she was not a citizen of the United 
States.

Sec. 20318. Nationals residing in American Samoa

  Residence and physical presence in American Samoa are deemed to be 
residence and physical presence in the United States under section 
20301(a)(3), (4), and (6) of this title for an individual who--
          (1) is a national, but not a citizen, of the United States; 
        and
          (2) becomes a resident of a State.

Sec. 20319. Philippine citizens who entered before May 1, 1934

  An individual who was a citizen of the Commonwealth of the 
Philippines on July 2, 1946, entered the United States before May 1, 
1934, and has resided in the United States continuously since entry, is 
deemed to have been lawfully admitted for permanent residence.

                      SUBCHAPTER II--INELIGIBILITY

Sec. 20331. Individuals dangerous to the welfare, safety, and security of 
the United States

  (a) Grounds for Disallowing Naturalization.--An individual may not be 
naturalized as a citizen of the United States if, at any time during 
the 10 years before filing the application for naturalization or from 
the filing of the application through the time the individual is 
naturalized, the individual--
          (1) advocates establishing--
                  (A) a totalitarian communist dictatorship in a 
                country through an internationally coordinated 
                communist movement; or
                  (B) a totalitarian dictatorship in the United States;
          (2) advocates or teaches--
                  (A) opposition to all organized government;
                  (B) the overthrow by unconstitutional means of the 
                United States Government or of all forms of law;
                  (C) the duty, necessity, or propriety of unlawfully 
                assaulting or killing a particular officer or officers 
                generally of an organized government because of the 
                official position of the officer or officers;
                  (D) unlawfully damaging or destroying property; or
                  (E) sabotage;
          (3) writes, publishes, causes to be written or published, 
        knowingly distributes, prints, displays, or causes to be 
        distributed, printed, published, or displayed, or knowingly 
        possesses to publish, distribute, or display, written 
        material--
                  (A) advocating or teaching opposition to all 
                organized government; or
                  (B) advocating--
                          (i) the overthrow by unconstitutional means 
                        of the United States Government or of all forms 
                        of law;
                          (ii) the duty, necessity, or propriety of 
                        unlawfully assaulting or killing of a 
                        particular officer or officers generally of an 
                        organized government because of the official 
                        position of the officer or officers;
                          (iii) unlawfully damaging or destroying 
                        property;
                          (iv) sabotage;
                          (v) establishing a totalitarian communist 
                        dictatorship in a country through an 
                        internationally coordinated communist movement; 
                        or
                          (vi) establishing a totalitarian dictatorship 
                        in the United States; or
          (4) is a member of or affiliated with--
                  (A) the Communist Party of the United States;
                  (B) another totalitarian party of the United States;
                  (C) the Communist Political Association;
                  (D) the Communist or another totalitarian party of a 
                State, a foreign country, or a political or 
                geographical subdivision of a foreign country;
                  (E) a section, subsidiary, branch, affiliate, or 
                subdivision of an organization described by subclauses 
                (A)-(D) of this clause (4);
                  (F) the direct predecessor or successor of an 
                organization described by subclauses (A)-(D) of this 
                clause (4), regardless of the name the organization 
                uses or used;
                  (G) an organization advocating establishing a 
                totalitarian communist dictatorship in a country 
                through an internationally coordinated communist 
                movement, or establishing a totalitarian dictatorship 
                in the United States, through--
                          (i) the organization's statements; or
                          (ii) written material issued or published 
                        under the authority of or with the consent of 
                        the organization, or paid for by money provided 
                        by the organization;
                  (H) an organization advocating or teaching--
                          (i) opposition to all organized government;
                          (ii) the overthrow by unconstitutional means 
                        of the United States Government or of all forms 
                        of law;
                          (iii) the duty, necessity, or propriety of 
                        unlawfully assaulting or killing a particular 
                        officer or officers generally of an organized 
                        government because of the official position of 
                        the officer or officers;
                          (iv) unlawfully damaging or destroying 
                        property; or
                          (v) sabotage; or
                  (I) an organization writing, distributing, printing, 
                publishing, displaying, causing to be written, 
                distributed, printed, published, or displayed, or 
                possessing to distribute, publish, issue, or display, 
                written material described by clause (3) of this 
                subsection.
  (b) Nonapplication.--Subsection (a) of this section does not apply to 
an individual who satisfies the Attorney General that the individual's 
membership or affiliation with an organization described by subsection 
(a)--
          (1) is or was involuntary;
          (2) ended before the individual's 16th birthday;
          (3) is or was by operation of law; or
          (4) was for the purpose of, and necessary for, obtaining 
        employment, food rations, or other essentials of living.

Sec. 20332. Deserters and draft evaders

  An individual convicted of desertion under section 885 of title 10 or 
of draft evasion under section 12(h) of the Military Selective Service 
Act (50 App. U.S.C. 462(h)) is ineligible to become a citizen of the 
United States.

Sec. 20333. Aliens exempted or discharged from the armed forces or the 
National Security Training Corps

  (a) General.--Except as provided by subsection (b) of this section, 
an alien who applies for and is granted an exemption or discharge from 
serving or training in the armed forces of the United States or the 
National Security Training Corps because of alienage is ineligible to 
become a citizen of the United States. Records of the Selective Service 
System and the Department of Defense are conclusive about whether the 
alien was granted an exemption or discharge because of alienage.
  (b) Exemption Provided Under Treaty.--An alien exercising a right 
under a treaty to be exempted from serving or training in the armed 
forces of the United States is not ineligible under this section or any 
other law to become a citizen of the United States if, before 
exercising the right, the alien served in the armed forces of a foreign 
country of which the alien was a national.

                 CHAPTER 205--NATURALIZATION PROCEDURE

Sec.
20501.  Authority to naturalize.
20502.  Declarations of intention.
20503.  Applications for naturalization.
20504.  Proof of lawful entry and effect of deportation proceedings.
20505.  Investigations.
20506.  Examinations.
20507.  Hearings before immigration officers.
20508.  Judicial review.
20509.  Oath requirement.
20510.  Methods of oath administration.
20511.  Court authority to administer oaths.
20512.  Duties of Attorney General when court is to administer oath.
20513.  Forms and records.
20514.  Fees.

Sec. 20501. Authority to naturalize

  (a) Authority of Attorney General.--Only the Attorney General has 
authority to naturalize an individual as a citizen of the United 
States.
  (b) Only Procedure.--An individual may be naturalized as a citizen of 
the United States only as provided by this subtitle.

Sec. 20502. Declarations of intention

  (a) General.--An individual at least 18 years of age who is residing 
in the United States as an alien lawfully admitted for permanent 
residence may make a declaration of intention to be naturalized as a 
citizen of the United States. However, a declaration is not required 
for naturalization, does not confer nationality or the right to 
nationality on an alien, and is not evidence of lawful admission for 
permanent residence.
  (b) Procedure.--(1) The alien must file with the Attorney General a 
declaration in duplicate, accompanied by an application for a 
declaration. The application must be approved by the Attorney General.
  (2) The application must include 3 identical photographs of the 
alien. One photograph shall be attached to the declaration issued by 
the Attorney General and the others to the copies of the declaration 
retained by the Attorney General.
  (c) Replacement Declaration.--The Attorney General shall issue a new 
declaration to an alien applying to replace a declaration that the 
Attorney General finds is lost, destroyed, or mutilated, and if 
mutilated, is surrendered to the Attorney General. A person coming into 
possession of a declaration that was lost shall surrender the 
declaration to the Attorney General.

Sec. 20503. Applications for naturalization

  (a) General.--An application for naturalization must be filed--
          (1) with the Attorney General, in the office of the 
        Immigration and Naturalization Service for the district in 
        which the individual resides; and
          (2) in person, except when the Attorney General decides the 
        individual has an illness or other disability sufficiently 
        incapacitating to prevent the individual from filing in person.
  (b) Form and Contents.--The application for naturalization must--
          (1) include a statement that the individual has been lawfully 
        admitted for permanent residence;
          (2) include a statement of facts the Attorney General 
        believes may be material to the individual's naturalization and 
        required to be proved under this subtitle;
          (3) include 3 identical photographs of the individual signed 
        by the individual;
          (4) be sworn to by the individual; and
          (5) be signed by the individual if physically able to write.
  (c) Early Filing for Individuals Subject to Continuous Residence 
Requirement.--An individual subject to a continuous residence 
requirement under chapter 203 of this title may file an application for 
naturalization not more than 3 months before the date the individual 
would first satisfy that requirement.
  (d) Transfer to Another District.--If an individual applying for 
naturalization moves from the district of the Service in the United 
States in which the application is pending, the individual may request 
the Attorney General to transfer the application to another district. 
If the Attorney General transfers the application, the proceedings on 
the application shall continue as though the application had been filed 
originally in the district to which it is transferred.
  (e) Withdrawal and Lack of Prosecution.--An application for 
naturalization may be withdrawn only with the consent of the Attorney 
General. If the Attorney General does not consent to the withdrawal, 
the application shall be decided on its merits. If the applicant does 
not prosecute the application, the Attorney General may dismiss it for 
lack of prosecution. If the Attorney General does not dismiss the 
application for lack of prosecution, it shall be decided on its merits.

Sec. 20504. Proof of lawful entry and effect of deportation proceedings

  (a) Proof of Lawful Entry.--An applicant for naturalization has the 
burden of proving that the applicant entered the United States 
lawfully. To prove a lawful entry, the applicant is entitled to the 
production of--
          (1) the applicant's immigrant visa or other entry document; 
        and
          (2) any other record in the custody of the Attorney General 
        related to the applicant's entry that the Attorney General does 
        not consider confidential.
  (b) Effect of Deportation Proceedings.--(1) Except as provided by 
sections 20312 and 20313 of this title--
          (A) an application for naturalization may not be considered 
        if a deportation proceeding is pending under an arrest warrant; 
        and
          (B) an individual may not be naturalized as a citizen of the 
        United States if a final finding of deportability is 
        outstanding under an arrest warrant.
  (2) The Attorney General's findings in ending deportation proceedings 
or suspending deportation are not binding in deciding whether an 
individual satisfies the eligibility requirements for naturalization.

Sec. 20505. Investigations

  The Attorney General shall conduct a personal investigation of an 
applicant for naturalization in each vicinity in which the applicant 
has lived or worked during at least the 5-year period immediately 
before the application was filed. However, the Attorney General may 
waive the investigation in a particular case or class of cases.

Sec. 20506. Examinations

  (a) General.--The Attorney General shall designate officers and 
employees of the Immigration and Naturalization Service to conduct 
examinations of applicants for naturalization. Examinations shall be 
uniform throughout the United States and be limited to inquiring about 
whether the applicant meets the eligibility requirements for 
naturalization. At the time of the examination, the officer or employee 
conducting the examination shall inform the applicant of the remedies 
available to the applicant under sections 20507(a) and (b) and 20508(a) 
of this title.
  (b) Decisions.--The officer or employee conducting the examination 
shall decide whether the application for naturalization should be 
granted or denied and give the reasons.
  (c) Decisions and Records to Attorney General.--The officer or 
employee conducting the examination shall submit the decision about the 
application to the Attorney General and, if the Attorney General 
requests, the record of the examination.

Sec. 20507. Hearings before immigration officers

  (a) General.--An individual whose application for naturalization is 
denied after an examination under section 20506 of this title may 
request a hearing before an immigration officer. Hearings under this 
subsection shall be held at regular intervals specified by the Attorney 
General.
  (b) Subpenas.--(1) On the applicant's request at the time of 
requesting a hearing, the immigration officer shall subpena witnesses 
named by the applicant to appear at the hearing. If a witness cannot be 
produced at the hearing, other witnesses may be subpenaed after notice 
to the Attorney General, in the way and at the time prescribed by the 
Attorney General by regulation.
  (2) A subpena issued under this subsection may be enforced as 
provided by section 303(b) of this title.
  (3) A witness willfully disobeying a subpena to appear and testify at 
a hearing under this section shall be fined under title 18, imprisoned 
for not more than 5 years, or both.
  (c) Appearance of Attorney General.--At a hearing under this section, 
the Attorney General may call, examine, and cross-examine witnesses, 
including the applicant, produce other evidence, and argue for or 
against granting the application for naturalization.
  (d) Admissibility of Records of Examination.--The record of the 
examination conducted under section 20506 of this title is admissible 
as evidence in a hearing conducted under this section.

Sec. 20508. Judicial review

  (a) Failure To Make Timely Decisions After Examinations.--If the 
officer or employee conducting an examination under section 20506 of 
this title does not make a decision on an application for 
naturalization within 120 days after the date of the examination, the 
applicant may request the district court of the United States for the 
district in which the applicant resides to hold a hearing on the 
matter. The court may--
          (1) order the application granted or denied; or
          (2) remand the matter, with appropriate instructions, to the 
        officer or employee conducting the examination.
  (b) Denials after Hearings.--An individual whose application for 
naturalization is denied after a hearing under section 20507 of this 
title may obtain review of the denial in the United States district 
court for the district in which the individual resides. At the 
individual's request, the court shall hold a new hearing. Regardless of 
whether the court holds a new hearing, the court shall make its own 
findings of fact and conclusions of law.

Sec. 20509. Oath requirement

  (a) Oath of Allegiance.--To be naturalized as a citizen of the United 
States, an individual must take an oath, in substance--
          (1) to support the Constitution;
          (2) to support and defend the Constitution and laws of the 
        United States against all enemies foreign and domestic;
          (3) to bear true faith and allegiance to the Constitution and 
        laws of the United States;
          (4) to renounce all allegiance to any foreign prince, 
        potentate, country, or sovereignty of which the individual was 
        a citizen or subject; and
          (5) to comply with a requirement of law--
                  (A) to bear arms for the United States;
                  (B) to perform noncombatant service in the armed 
                forces of the United States when wearing the uniform of 
                a branch of the armed forces and subject to military 
                discipline and court martial; or
                  (C) to perform work of national importance under 
                civilian direction.
  (b) Omissions From Oath Because of Religious Belief.--(1) In this 
subsection, ``religious belief'' means belief in a relation to a 
Supreme Being involving duties superior to those arising from a human 
relation, but does not include essentially political, sociological, or 
philosophical views or a personal moral code.
  (2) If an individual satisfies the Attorney General by clear and 
convincing evidence that, because of religious belief, the individual 
opposes--
          (A) bearing arms in the armed forces of the United States, 
        the individual may omit from the oath the substance of 
        subsection (a)(5)(A) of this section; or
          (B) any kind of service in the armed forces of the United 
        States, the individual may omit from the oath the substance of 
        subsection (a)(5)(A) and (B) of this section.
  (c) Waiver for Young Child.--If the Attorney General believes that a 
child is unable to understand the meaning of the oath, the Attorney 
General may waive the requirement that the child take the oath.
  (d) Oath Renouncing Hereditary Titles and Orders.--In addition to 
taking the oath under subsection (a) of this section, an individual who 
has a hereditary title or belongs to an order of nobility must take an 
oath expressly renouncing the title or order. The oath under this 
subsection must be taken in the same public ceremony as the oath under 
subsection (a) and shall be recorded as a part of the proceeding.

Sec. 20510. Methods of oath administration

  (a) Public Ceremony.--To be naturalized as a citizen of the United 
States, an individual must take the oath required for naturalization in 
a public ceremony. However, the Attorney General may waive the public 
ceremony requirement if the Attorney General decides the individual has 
an illness or other disability sufficiently incapacitating to prevent 
the individual's personal appearance.
  (b) Right to Choose.--(1) The individual may choose to take the oath 
before the Attorney General or a court authorized by section 20511 of 
this title, except when--
          (A) a court has exclusive authority under section 20511(c) of 
        this title; or
          (B) a court has referred the applicant to the Attorney 
        General for an expedited oath administration under subsection 
        (c)(3) of this section.
  (2) The individual shall notify the Attorney General of the choice to 
take the oath before a court.
  (c) Expedited Oath Administration.--(1) On demonstrating sufficient 
cause, an individual may be granted an expedited oath administration by 
the Attorney General or a court.
  (2) When a court is deciding whether to grant an expedited oath 
administration, the court shall consider--
          (A) special circumstances such as serious illness of the 
        applicant or a member of the applicant's immediate family, 
        permanent disability sufficiently incapacitating to prevent the 
        applicant's personal appearance at the scheduled ceremony, 
        developmental disability, or advanced age; and
          (B) exigent circumstances related to travel or employment.
  (3) If an expedited oath administration by a court is impracticable, 
the court shall refer the individual to the Attorney General. The 
Attorney General then may provide for immediate administration of the 
oath.
  (d) Public Ceremonies Conducted by Attorney General.--The Attorney 
General shall prescribe regulations to ensure that oath administration 
ceremonies conducted by the Attorney General are public, dignified, and 
conducted frequently and at regular intervals.

Sec. 20511. Court authority to administer oaths

  (a) Definition.--In this section, ``eligible court'' means--
          (1) a district court of the United States in any State; and
          (2) any other court of record in a State if the court has a 
        seal, a clerk, and jurisdiction in actions at law, equity, or 
        both, in which the amount in controversy is unlimited.
  (b) General Authority.--(1) An eligible court may administer the oath 
required for naturalization to individuals residing within the 
jurisdiction of the court.
  (2) Any district court of the United States may administer the oath 
to an individual described by section 20310 of this title without 
regard to the residence of the individual.
  (c) Exclusive Authority.--(1) Subject to paragraphs (2) and (4) of 
this subsection, an eligible court that wishes to have exclusive 
authority to administer the oath to individuals residing within the 
jurisdiction of the court has that authority on notifying the Attorney 
General.
  (2) The exclusive authority of a court to administer the oath applies 
to an individual--
          (A) only during the 45-day period beginning on the date the 
        Attorney General certifies to the court that the individual is 
        eligible to be naturalized; and
          (B) only if, before the date of that certification, the court 
        has notified the Attorney General of the dates during that 45-
        day period when oath administration ceremonies by the court are 
        scheduled.
  (3) Subject to paragraph (4) of this subsection, the Attorney General 
may not administer the oath to an individual during the period of a 
court's exclusive authority under paragraph (2) of this subsection.
  (4) A court may waive the exclusive authority to administer the oath 
to an individual if the Attorney General has not provided the court the 
certificate of eligibility for that individual within a reasonable time 
before the day scheduled by the court for the oath administration 
ceremony. When notified of a court's waiver, the Attorney General 
promptly shall notify the applicant.
  (d) Name Changes.--On petition of an individual applying for 
naturalization, the court may order a change in the name of the 
individual as part of the administration of the oath by the court. The 
certificate of naturalization shall be issued with the new name.

Sec. 20512. Duties of Attorney General when court is to administer oath

  (a) General.--When a court is to administer the oath to an individual 
applying for naturalization, the Attorney General shall--
          (1) provide the court with information necessary to 
        administer the oath to the individual, and if the court has 
        exclusive authority under section 20511(c) of this title, 
        provide the information not later than 10 days after approving 
        the application for naturalization; and
          (2) promptly provide the court a certificate of 
        naturalization prepared by the Attorney General for the 
        individual.
  (b) Notice to Applicants of Court's Exclusive Authority.--(1) If a 
court has exclusive authority to administer the oath, the Attorney 
General shall inform the applicant, at the time of approval of the 
application for naturalization, of--
          (A) the court's exclusive authority to administer the oath 
        during the period specified in section 20511(c)(2)(A) of this 
        title; and
          (B) the dates when oath administration ceremonies by the 
        court are scheduled.
  (2) If more than one court in an area has exclusive authority to 
administer the oath, the Attorney General shall allow the applicant, at 
the time of approval, to choose the court to administer the oath.

Sec. 20513. Forms and records

  (a) Forms.--The Attorney General shall prescribe and provide forms to 
carry out this chapter and sections 20901 and 20902 of this title. Only 
those forms are lawful. Certificates of naturalization and certificates 
of citizenship shall be printed on safety paper and numbered 
consecutively in separate series.
  (b) Records of the Attorney General.--The Attorney General shall 
maintain as a permanent record all declarations of intention and 
applications for naturalization, in chronological order, consecutively 
numbered, and indexed.
  (c) Duties of Clerks of Courts.--The clerk of a court administering 
oaths to applicants for naturalization shall--
          (1) take responsibility for all blank certificates of 
        naturalization received from the Attorney General;
          (2) return to the Attorney General any certificate of 
        naturalization that is unusable because damaged;
          (3) account to the Attorney General for blank certificates of 
        naturalization when required by the Attorney General;
          (4) give a certificate of naturalization prepared by the 
        Attorney General under section 20512 of this title to each 
        individual administered the oath by the court;
          (5) provide the Attorney General with a list of individuals 
        taking the oath at each scheduled ceremony not later than 30 
        days after the end of the month in which the oath was 
        administered; and
          (6) provide the Attorney General with a certified copy of 
        other proceedings in, and orders by, the court related to the 
        naturalization of individuals, when required by the Attorney 
        General.
  (d) Copies of Oaths of Individuals Who Lost Citizenship by Entering 
Armed Forces of Foreign Countries.--When an individual described by 
section 20315 of this title is naturalized, a certified copy of the 
oath taken by the individual shall be provided by--
          (1) the Attorney General to the Secretary of State if the 
        oath was administered by the Attorney General; and
          (2) the clerk of the court to the Attorney General and the 
        Secretary of State if the oath was administered by a court.

Sec. 20514. Fees

  (a) General.--The Attorney General shall charge, collect, and account 
for fees prescribed by the Attorney General under section 9701 of title 
31 for--
          (1) filing a declaration of intention and issuing a duplicate 
        declaration; and
          (2) filing an application for naturalization, holding a 
        hearing on the application, and issuing a certificate of 
        naturalization.
  (b) Subpena and Witness Fees.--When filing an application for 
naturalization, an individual requesting the issuance of a subpena 
under section 20507(b) of this title shall deposit with the Attorney 
General an amount sufficient to cover the cost of subpenaing each 
witness and paying the witness the usual witness fee. On final 
discharge of the witness and demand for payment, the Attorney General 
shall pay the witness the usual witness fee from the amount deposited. 
The Attorney General shall return any remaining amount to the 
individual.
  (c) Exemption for Individuals Serving in Armed Forces During War or 
Military Operations.--(1) Except as provided by paragraph (2) of this 
subsection, an individual serving in the armed forces of the United 
States may not be charged a fee for filing an application for 
naturalization or for issuance of a certificate of naturalization when 
the United States is at war or engaged in military operations involving 
armed conflict with a hostile foreign force as designated by the 
President by executive order.
  (2) If a State law requires a fee to be charged, the clerk of a State 
court may charge that part of the fee required to be paid to the State.
  (3) The clerk of a court shall report all transactions made under 
this subsection to the Attorney General not later than 30 days after 
the end of the month in which the transaction was made.
  (d) Exemption From Replacement Fees for Individuals Who Served in 
Armed Forces.--An individual may not be charged a fee for filing an 
application to replace a declaration of intention or a certificate of 
naturalization that is lost, destroyed, or mutilated if the individual 
served in the armed forces of the United States after September 16, 
1940, and was not--
          (1) discharged other than honorably;
          (2) discharged because of alienage; or
          (3) a conscientious objector who performed no military duty 
        or refused to wear the uniform.
  (e) Disposition of Fees.--(1) Except as otherwise provided by this 
subsection, the Attorney General shall deposit all fees collected by 
the Attorney General under this subtitle in the ``Immigration 
Examinations Fee Account'' established under section 317 of this title.
  (2) Fees collected by the Attorney General under this subtitle from 
residents of the Virgin Islands or Guam shall be paid to the treasury 
of the Virgin Islands or Guam, respectively.
  (3) A percentage of the fees described by subsection (a)(1) of this 
section collected by the Attorney General shall be paid to courts 
administering oaths under this chapter. In consultation with the 
courts, the Attorney General shall determine the percentage each year 
based on--
          (A) the costs incurred by the courts for essential services 
        directly related to the naturalization process; divided by
          (B) the total of those costs incurred by the courts and the 
        Immigration and Naturalization Service.
  (f) Reports and Consultations.--The Attorney General shall--
          (1) provide an annual report to the Committees on the 
        Judiciary of the Senate and House of Representatives on the use 
        of the fees described by subsection (e)(3) of this section; and
          (2) consult with those committees before increasing those 
        fees.

                    CHAPTER 207--LOSS OF NATIONALITY

                     SUBCHAPTER I--BY VOLUNTARY ACTS

Sec.
20701.  Acts resulting in loss of nationality.
20702.  Acts not resulting in loss of nationality.
20703.  Presumption that act is done voluntarily.

               SUBCHAPTER II--REVOCATION OF NATURALIZATION

20711.  Application.
20712.  Grounds.
20713.  Procedure.
20714.  Effect on automatic naturalization.
20715.  Cancellation of certificate of naturalization.
20716.  Authority not affected.

                      SUBCHAPTER III--MISCELLANEOUS

20731.  Burden of proof.

                    SUBCHAPTER I--BY VOLUNTARY ACTS

Sec. 20701. Acts resulting in loss of nationality

  Except as provided by section 20702 of this title, a national of the 
United States loses nationality of the United States under this 
subchapter only by voluntarily performing any of the following acts 
with the intention of relinquishing nationality of the United States:
          (1) becoming a national of a foreign country, after becoming 
        18 years of age--
                  (A) on application of the national; or
                  (B) on application for the national filed by an agent 
                of the national.
          (2) taking an oath or making a declaration of allegiance to a 
        foreign country or a political subdivision of a foreign country 
        after becoming 18 years of age.
          (3) entering or serving in the armed forces of a foreign 
        country if--
                  (A) the armed forces are engaged in hostilities 
                against the <gr-thn-eq>United States; or
                  (B) the individual serves as a commissioned or 
                noncommissioned officer.
          (4) accepting, serving in, or carrying out the duties and 
        powers of an office, a post, or employment under the government 
        of a foreign country or a political subdivision of a foreign 
        country, after becoming 18 years of age, if--
                  (A) the individual is or becomes a national of the 
                foreign country; or
                  (B) the office, post, or employment requires an oath 
                or declaration of allegiance.
          (5) making a formal renunciation of nationality in a foreign 
        country before a diplomatic or consular officer in the way the 
        Secretary of State prescribes.
          (6) making a formal written renunciation of nationality in 
        the United States in the way the Attorney General prescribes 
        before an officer or employee the Attorney General designates 
        when the United States is in a state of war and the Attorney 
        General approves the renunciation as not against the defense 
        interests of the United States.
          (7) committing any of the following offenses for which the 
        individual is convicted by a court or court martial:
                  (A) treason against the United States Government.
                  (B) attempting by force to overthrow the Government.
                  (C) bearing arms against the Government.
                  (D) violating or conspiring to violate section 2383 
                of title 18.
                  (E) violating section 2384 of title 18 by conspiring 
                to overthrow, put down, or destroy by force the 
                Government or to carry on war against the Government.
                  (F) willfully violating section 2385 of title 18.

Sec. 20702. Acts not resulting in loss of nationality

  (a) When National in the United States or American Samoa.--A national 
of the United States does not lose nationality under section 20701(1)-
(4) of this title when the national is in the United States or American 
Samoa. However, an act specified in section 20701(1)-(4) and carried 
out in the United States or American Samoa results in the loss of 
nationality when the national establishes a residence outside the 
United States and American Samoa.
  (b) When Entering or Serving in Armed Forces of a Foreign Country or 
Renouncing Nationality as a Minor.--A national of the United States 
does not lose nationality under section 20701(3) or (5) of this title 
when less than 18 years of age if the national claims the nationality 
within 6 months after becoming 18 years of age. The claim shall be made 
in the way the Secretary of State prescribes by regulation.
  (c) When Marrying a Male Alien.--Notwithstanding a treaty ratified by 
the Senate before December 25, 1952, a woman who was--
          (1) a national of the United States did not lose nationality 
        only because of marriage after--
                  (A) September 21, 1922, to an alien; or
                  (B) March 2, 1931, to an alien who was ineligible to 
                become a citizen of the United States because of race; 
                or
          (2) a citizen of the United States at birth did not lose 
        nationality because of residence outside the United States 
        after a marriage referred to in clause (1) of this subsection.

Sec. 20703. Presumption that act is done voluntarily

  An individual carrying out an act resulting in the loss of 
nationality under this subchapter or another law is presumed to have 
carried out the act voluntarily. The presumption may be rebutted on a 
showing by a preponderance of the evidence that the act was not carried 
out voluntarily.

              SUBCHAPTER II--REVOCATION OF NATURALIZATION

Sec. 20711. Application

  This subchapter applies to any naturalization and certificate of 
naturalization issued under this title or another law.

Sec. 20712. Grounds

  (a) General.--A court in which a civil action is brought under 
section 20713 of this title shall revoke the order of naturalization of 
an individual as a citizen of the United States and cancel the 
individual's certificate of naturalization if the court decides--
          (1) the order and certificate were obtained unlawfully, by 
        concealment of a material fact, or by willful 
        misrepresentation; or
          (2) for an individual naturalized under section 20313 of this 
        title, the individual was discharged from the armed forces of 
        the United States other than honorably.
  (b) Refusal To Testify Before Congressional Committee.--The refusal 
of an individual within 10 years after naturalization of the individual 
to testify as a witness before a congressional committee about 
subversive activities of the individual is concealment of a material 
fact or willful misrepresentation under subsection (a)(1) of this 
section if the individual is convicted of contempt for the refusal.
  (c) Membership In, or Affiliation With, Certain Organizations.--If an 
individual naturalized after December 24, 1952, became a member of or 
affiliated with an organization within 5 years after naturalization and 
the membership or affiliation at the time of naturalization would have 
prevented the individual from being naturalized under section 20331 of 
this title, the membership or affiliation is prima facie evidence that 
the individual was not attached to the principles of the Constitution 
and was not well disposed to the good order and happiness of the United 
States at the time of naturalization. If there is no contrary evidence, 
a court may act under subsection (a)(1) of this section because the 
naturalization was obtained by concealment of a material fact or by 
willful misrepresentation.
  (d) Permanent Residence in Foreign Country.--If an individual is 
naturalized and then establishes permanent residence in a foreign 
country within one year after naturalization, the permanent residence 
is prima facie evidence that the individual did not intend to reside 
permanently in the United States at the time the individual filed the 
application for naturalization. If there is no contrary evidence, a 
court may act under subsection (a)(1) of this section because the 
naturalization was obtained by concealment of a material fact or by 
willful misrepresentation.
  (e) Change of Status.--An individual is deemed to have obtained 
naturalization by concealment of a material fact or by willful 
misrepresentation if--
          (1) the individual was naturalized as a citizen of the United 
        States based on a record of lawful admission for permanent 
        residence made as a result of a change of the individual's 
        status;
          (2) the individual was not eligible for the change of status; 
        and
          (3) the Attorney General rescinds the change of status under 
        section 9107(a) of this title.
  (f) Proof of Certain Grounds for Revocation.--(1) Discharge from the 
armed forces of the United States other than honorably shall be proved 
by a certification from the head of the executive agency under which 
the individual served.
  (2) A diplomatic or consular officer in a foreign country shall give 
the Attorney General, through the Secretary of State, a list of 
individuals within the jurisdiction of the officer who establish 
permanent residence in a foreign country within one year after being 
naturalized as a citizen. A certified list is admissible in a civil 
action brought under section 20713 of this title.
  (g) Courts To Revoke Naturalization Orders When Naturalization 
Convictions Involved.--A court having jurisdiction to try a violation 
of section 1425 of title 18 has jurisdiction to revoke orders of 
naturalization and cancel certificates of naturalization. A court in 
which an individual is convicted of knowingly obtaining naturalization 
in violation of section 1425 shall revoke the order of naturalization 
of the individual as a citizen and cancel the certificate of 
naturalization of the individual.

Sec. 20713. Procedure

  (a) Bringing Civil Actions To Revoke.--If grounds exist under section 
20712 of this title, the Attorney General shall bring a civil action to 
revoke the order of naturalization of an individual as a citizen of the 
United States and to cancel the certificate of naturalization. When 
bringing the action, the Attorney General shall file an affidavit 
showing good cause.
  (b) Venue.--An action under this section shall be brought in a 
district court of the United States for the judicial district in which 
the individual resides. If the individual does not reside in a judicial 
district in the United States, the action may be brought in the United 
States District Court for the District of Columbia or the district in 
which the individual last resided.
  (c) Notice and Answer.--The individual shall be given personal notice 
and, unless waived, 60 days to answer in an action brought under this 
section. If the individual is absent from the United States or the 
judicial district in which the individual last resided, notice shall be 
given by personal service or by publication in the way provided for 
service by publication or on absentees by the law of the State or place 
in which the action is brought.
  (d) Effective Date of Revocation and Cancellation.--Revocation and 
cancellation under this subchapter are effective from the date of the 
naturalization order and certificate of naturalization.

Sec. 20714. Effect on automatic naturalization

  An individual claiming citizenship of the United States through the 
naturalization of a parent or spouse loses that citizenship when the 
order of naturalization of the parent or spouse as a citizen is revoked 
and the certificate of naturalization is canceled under--
          (1) section 20712(a)(1) of this title because the order and 
        certificate were obtained by concealment of a material fact or 
        by willful misrepresentation;
          (2) section 20712(a)(2) of this title on a ground other than 
        that the order and certificate were obtained by concealment of 
        a material fact or by willful misrepresentation, if the 
        individual does not reside in the United States when the order 
        is revoked and the certificate is canceled; or
          (3) section 20712(c) or (d) of this title, if the individual 
        does not reside in the United States when the order is revoked 
        and the certificate is canceled.

Sec. 20715. Cancellation of certificate of naturalization

  (a) Duties of Court.--A court revoking an order of naturalization as 
a citizen of the United States or canceling a certificate of 
naturalization, or both, under this subchapter shall prepare an order 
canceling the certificate and send a certified copy to the Attorney 
General.
  (b) Surrender of Canceled Certificate.--On notice by the court 
canceling a certificate of naturalization or by the Attorney General, 
an individual holding a canceled certificate of naturalization shall 
surrender it to the Attorney General.

Sec. 20716. Authority not affected

  This subchapter does not affect the authority of the Attorney General 
to reopen, change, or vacate an order of naturalization of an 
individual as a citizen of the United States.

                     SUBCHAPTER III--MISCELLANEOUS

Sec. 20731. Burden of proof

  A person claiming that an individual has lost nationality of the 
United States under this chapter or another law has the burden of 
proving, by a preponderance of the evidence, that the loss occurred.

                   CHAPTER 209--NATIONALITY DOCUMENTS

Sec.
20901.  Certificates of naturalization.
20902.  Certificates of citizenship.
20903.  Certificates of nationality.
20904.  Other documents to prove citizenship.
20905.  Cancellation of nationality records.
20906.  Certificates of loss of nationality.
20907.  Certifications of records.

Sec. 20901. Certificates of naturalization

  (a) Issuance and Content.--The Attorney General shall issue a 
certificate of naturalization to an individual when the individual is 
naturalized as a citizen of the United States. The certificate shall 
contain--
          (1) the number of the individual's application for 
        naturalization;
          (2) the number of the certificate;
          (3) the individual's name (as changed if a change of name is 
        granted by a court as part of the administration of the oath 
        required for naturalization);
          (4) the individual's signature;
          (5) the individual's place of residence;
          (6) a signed photograph of the individual;
          (7) a personal description of the individual, including age, 
        sex, and marital status;
          (8) the individual's prior nationality;
          (9) a statement that the Attorney General, having decided 
        that the individual has satisfied the applicable provisions of 
        this title, ordered the individual naturalized as a citizen;
          (10) the date of the naturalization; and
          (11) the location of the district office of the Immigration 
        and Naturalization Service in which the application was filed;
          (12) the title, authority, and location of the official or 
        court administering the oath required for naturalization; and
          (13) the attestation of an immigration officer and the seal 
        of the Department of Justice.
  (b) Replacement Certificates.--(1) On application to the Attorney 
General, the Attorney General shall issue to a naturalized citizen--
          (A) a new certificate of naturalization to replace a 
        certificate that the Attorney General finds is lost, destroyed, 
        or mutilated, and if mutilated, is surrendered to the Attorney 
        General; or
          (B) a new certificate of naturalization with the citizen's 
        new name when the Attorney General finds that the citizen's 
        name has been changed by marriage or order of a court of 
        competent jurisdiction after naturalization.
  (2) The Attorney General shall notify the court that naturalized the 
citizen of the issuance of a new certificate under paragraph (1)(B) of 
this subsection.
  (c) Special Certificates To Obtain Recognition by Foreign 
Countries.--On application by a naturalized citizen to the Attorney 
General, the Attorney General shall issue for the citizen a special 
certificate of naturalization to be used only to obtain recognition as 
a citizen of the <gr-thn-eq>United States by the government of a 
foreign country. The certificate shall be submitted to the Secretary of 
State for submission to the proper authority of the government of the 
foreign country.
  (d) Photographs.--An application to the Attorney General for a 
certificate of naturalization or a special certificate of 
naturalization shall include 3 identical photographs of the individual 
applying. One photograph shall be attached to the certificate and the 
others to the copies of the certificate retained by the Attorney 
General.
  (e) Surrender of Found Certificates.--A person coming into possession 
of a certificate of naturalization that was lost shall surrender the 
certificate to the Attorney General.

Sec. 20902. Certificates of citizenship

  (a) Applications.--An individual may apply to the Attorney General 
for a certificate of citizenship if the individual claims to be a 
citizen of the United States because of--
          (1) the naturalization of a parent of the individual;
          (2) the naturalization or citizenship of the individual's 
        husband;
          (3) section 1993 of the Revised Statutes;
          (4) the Act of May 7, 1934 (ch. 221, 48 Stat. 667);
          (5) the Act of August 4, 1937 (ch. 563, 50 Stat. 558);
          (6) section 201(c)-(e), (g), or (i), 203, or 205 of the 
        Nationality Act of 1940; or
          (7) section 20102(a), 20104(a), or 20106 of this title.
  (b) Photographs.--An application under subsection (a) of this section 
shall include 3 identical photographs of the individual applying. One 
photograph shall be attached to the certificate and the others to the 
copies of the certificate retained by the Attorney General.
  (c) Issuance.--The Attorney General shall issue a certificate of 
citizenship to an individual if--
          (1) the Attorney General is satisfied that the individual is 
        a citizen as claimed under subsection (a) of this section;
          (2) the individual takes, and signs, in front of an 
        immigration officer the oath required for naturalization; and
          (3) the individual is in the United States when the oath is 
        taken and the certificate is issued.
  (d) Replacement Certificates.--The Attorney General shall issue a new 
certificate of citizenship to a citizen applying to replace a 
certificate that the Attorney General finds is lost, destroyed, or 
mutilated, and if mutilated, is surrendered to the Attorney General. A 
person coming into possession of a certificate that was lost shall 
surrender the certificate to the Attorney General.

Sec. 20903. Certificates of nationality

  (a) Certificates for Use in Foreign Country Proceedings.--Under 
regulations the Secretary of State prescribes, the Secretary may issue 
a certificate of nationality for an individual if the Secretary is 
satisfied that the individual is a national of the United States at 
birth and that the certificate is needed for an administrative or 
judicial proceeding of a foreign country. The certificate is only for 
use in the proceeding for which it is issued. The Secretary shall 
submit the certificate to the appropriate foreign administrative or 
judicial officer.
  (b) Certificates Issued to Individuals.--An individual claiming to be 
a national, but not a citizen, of the United States may apply to the 
Secretary of State for a certificate of non-citizen national status. 
The Secretary shall issue the certificate if--
          (1) the Secretary is satisfied that the individual is a 
        national, but not a citizen, of the United States;
          (2) for an individual born outside the United States or 
        American Samoa, the individual takes, and signs, in front of an 
        immigration officer in the United States or American Samoa, the 
        oath required for naturalization; and
          (3) the individual is in the United States or American Samoa 
        when the certificate is issued.

Sec. 20904. Other documents to prove citizenship

  The following documents have the same effect that a certificate of 
naturalization or a certificate of citizenship has to prove that an 
individual is a citizen of the United States:
          (1) a passport granted by the Secretary of State to a citizen 
        of the United States during its period of validity if the 
        period is the maximum allowed by law.
          (2) a ``Report of Birth Abroad of a Citizen of the United 
        States'' issued by a consular officer to document a citizen 
        born outside the United States.

Sec. 20905. Cancellation of nationality records

  (a) Authority To Cancel.--The Attorney General may cancel a 
nationality record the Attorney General has issued if satisfied that 
the record was obtained fraudulently or unlawfully.
  (b) Notice of Intention To Cancel.--The Attorney General shall send 
written notice of an intention to cancel a record and the reason for 
the cancellation to the individual named in the record at the 
individual's last known address. The Attorney General shall give the 
individual at least 60 days to show cause why the record should not be 
canceled.
  (c) Effect of Cancellation.--Cancellation of a record showing the 
citizenship status of an individual under this section affects only the 
record and not the citizenship status of the individual.

Sec. 20906. Certificates of loss of nationality

  When a diplomatic or consular officer believes that an individual in 
a foreign country has lost the nationality of the United States under 
section 20701 of this title or chapter IV of the Nationality Act of 
1940, the officer shall certify in writing to the Secretary of State, 
under regulations the Secretary prescribes, the facts on which the 
officer's belief is based. If the Secretary approves the certificate, 
the Secretary shall provide a copy to the Attorney General and direct 
the officer to provide a copy to the individual.

Sec. 20907. Certifications of records

  The Attorney General may make a certification of any part of a 
naturalization record of a court, a certificate of naturalization, or a 
certificate of citizenship, for use in complying with a law or in a 
judicial proceeding. The clerk of a court may make such a certification 
only on order of the court.

                       CHAPTER 211--MISCELLANEOUS

Sec.
21101.  Procedure if denied a right or privilege as a national.
21102.  Information about citizenship.

Sec. 21101. Procedure if denied a right or privilege as a national

  (a) Individuals in the United States.--(1) Except as provided by 
paragraph (4) of this subsection, an individual in the United States 
may bring a civil action under section 2201 of title 28 against the 
head of an agency for a judgment declaring that the individual is a 
national of the United States if--
          (A) the individual claims a right or privilege as a national 
        of the United States; and
          (B) the head of the agency denies the claim because the 
        individual is not a national of the United States.
  (2) The action must be brought--
          (A) in the district court of the United States for the 
        judicial district in which the individual resides or claims to 
        reside; and
          (B) within 5 years after the final administrative denial of 
        the right or privilege.
  (3) A court referred to in paragraph (2) of this subsection has 
jurisdiction over the head of the agency in that action.
  (4) An individual may not bring an action under this subsection if 
the issue of the individual's nationality arose because of a 
deportation or exclusion proceeding.
  (b) Individuals Not in the United States.--(1) An individual not in 
the United States may apply to a consular officer or diplomatic officer 
of the United States in the country in which the individual resides for 
a certificate of identity to travel to the United States and apply for 
admission if--
          (A) the individual claims a right or privilege as a national 
        of the United States;
          (B) the head of an agency denies the claim because the 
        individual is not a national of the United States; and
          (C) the individual had been in the United States before 
        applying for the certificate, or the individual is less than 16 
        years of age and was born outside the United States to a parent 
        who is a citizen of the <gr-thn-eq>United States.
  (2) The diplomatic or consular officer shall grant the certificate if 
satisfied that the application is made in good faith and has a 
substantial basis. If the officer denies the application, the 
individual may appeal to the Secretary of State. If the Secretary 
approves the denial, the Secretary shall state the reasons in writing.
  (3) The individual may use the certificate to travel to a port of 
entry and apply for admission to the United States. The individual is 
subject to the provisions of this title applicable to proceedings for 
aliens seeking admission to the United States.
  (4) The Secretary shall prescribe regulations for granting 
certificates under this subsection.
  (c) Application of Laws on Admission of Aliens.--An individual 
described by this section who is finally excluded from admission to the 
United States is subject to all the provisions of this title applicable 
to aliens seeking admission to the United States.

Sec. 21102. Information about citizenship

  (a) Promoting United States Citizenship.--To promote the 
opportunities and responsibilities of citizenship of the United States, 
the Attorney General shall distribute broadly information about the 
benefits individuals may receive under this subtitle and the 
requirements to obtain those benefits. In carrying out this subsection, 
the Attorney General shall seek the assistance of appropriate community 
groups, private voluntary agencies, and other relevant organizations.
  (b) Instruction in Citizenship Responsibilities.--The Attorney 
General may promote instruction and training in citizenship 
responsibilities of applicants for naturalization, including--
          (1) giving names of applicants for naturalization to public 
        schools;
          (2) preparing citizenship textbooks and distributing the 
        textbooks without charge to applicants receiving instruction in 
        citizenship responsibilities under the supervision of public 
        schools;
          (3) preparing and distributing a monthly immigration and 
        naturalization bulletin; and
          (4) seeking the cooperation of official State and national 
        organizations, including organizations concerned with 
        vocational education.
  (c) Reimbursement.--Based on a statement by the Attorney General that 
the citizenship textbooks have been prepared and distributed as 
provided by subsection (b)(2) of this section, naturalization fees 
deposited in the Treasury by the Attorney General may be used to 
reimburse the appropriation of the Department of Justice for the cost 
of preparing and distributing the textbooks.

SEC. 2. CONFORMING PROVISIONS.

  (a) Title 10.--Section 885 of title 10, United States Code, is 
amended by adding at the end the following new subsection:
  ``(d) Any person found guilty of desertion in time of war may not--
          ``(1) hold an office of trust or profit under the United 
        States; or
          ``(2) exercise the rights of a citizen of the United 
        States.''.
  (b) Military Selective Service Act.--Section 12 of the Military 
Selective Service Act (50 App. U.S.C. 462) is amended by adding at the 
end the following new subsection:
  ``(h) On conviction by a court of competent jurisdiction, a person 
registered under this Act who leaves the district in which registered, 
or a person (whether or not registered under this Act) who leaves the 
United States, with the intent to evade a lawfully ordered draft while 
the United States is at war, may not--
          ``(1) hold an office of trust or profit under the United 
        States; or
          ``(2) exercise the rights of a citizen of the United 
        States.''.
  (c) Elementary and Secondary Education Act of 1965.--In the table of 
contents of the Elementary and Secondary Education Act of 1965 (20 
U.S.C. 2701 et seq.), strike the analysis for part D of title IV.
  (d) Act of August 1, 1956.--Section 6(a) of the Act of August 1, 1956 
(50 U.S.C. 855(a)), is amended by--
          (1) striking the subsection designation ``(a)''; and
          (2) striking ``make'' and substituting ``makes''.

SEC. 3. CONFORMING CROSS-REFERENCES.

  (a) Title 5.--Section 5549(2) of title 5, United States Code, is 
amended by striking ``sections 1353a and 1353b'' and substituting 
``section 308''.
  (b) Title 10.--Title 10, United States Code, is amended as follows:
          (1) In section 374(b)(4)(A)(ii), strike ``Any of sections 274 
        through 278 of the Immigration and Nationality Act (8 U.S.C. 
        1324-1328)'' and substitute ``Sections 10147-10151 of title 
        8''.
          (2) In sections 510(b)(1) and 591(b)(1), strike ``the 
        Immigration and Nationality Act (8 U.S.C. 1101 et seq.)'' and 
        substitute ``title 8''.
          (3) In section 2864(a), strike ``section 101(a)(15)(H)(ii) of 
        the Immigration and Nationality Act (8 U.S.C. 
        1101(a)(15)(H)(ii))'' and substitute ``section 2314 or 2315 of 
        title 8''.
          (4) In sections 3253 and 8253, strike ``the Immigration and 
        Nationality Act (8 U.S.C. 1101 et seq.)'' and substitute 
        ``title 8''.
  (c) Title 18.--Title 18, United States Code, is amended as follows:
          (1) In sections 831(c)(2) and 1091(d)(2), strike ``section 
        101 of the Immigration and Nationality Act (8 U.S.C. 1101)'' 
        and substitute ``section 129 of title 8''.
          (2) In section 1203(c), strike ``section 101(a)(22) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(22))'' and 
        substitute ``section 129 of title 8''.
          (3) In section 1546(b), strike ``section 274A(b) of the 
        Immigration and Nationality Act'' and substitute ``section 
        11103 of title 8''.
          (4) In section 2331(2), strike ``section 101(a)(22) of the 
        Immigration and Nationality Act'' and substitute ``section 129 
        of title 8''.
          (5) In section 3077(2)--
                  (A) in clause (A), strike ``section 101(a)(22) of the 
                Immigration and Nationality Act (8 U.S.C. 
                1101(a)(22))'' and substitute ``section 129 of title 
                8''; and
                  (B) in clause (B), strike ``section 101(a)(20) of the 
                Immigration and Nationality Act (8 U.S.C. 
                1101(a)(20))'' and substitute ``section 126 of title 
                8''.
          (6) In section 3142(d)(1)(B), strike ``section 101(a)(20) of 
        the Immigration and Nationality Act (8 U.S.C. 1101(a)(20))'' 
        and substitute ``section 126 of title 8''.
          (7) In section 4113--
                  (A) in subsection (a), strike ``section 1252(b) or 
                section 1254(e) of title 8, United States Code,'' and 
                substitute ``section 6539(a) or (b) of title 8'';
                  (B) in subsection (b), strike ``section 1252 of title 
                8, United States Code,'' and substitute ``subchapter II 
                of chapter 65 of title 8 and''; and
                  (C) in subsection (c), strike ``section 1226 of title 
                8, United States Code,'' and substitute ``subchapter II 
                of chapter 63 of title 8 and''.
  (d) Internal Revenue Code of 1986.--The Internal Revenue Code of 1986 
(26 U.S.C. 1 et seq.) is amended as follows:
          (1) In section 871(c), strike ``subparagraph (F), (J), or (M) 
        of section 101(a)(15) of the Immigration and Nationality Act, 
        as amended (8 U.S.C. 1101(a)(15)(F), (J), or (M))'' and 
        substitute ``section 2310, 2311, or 2312 of title 8, United 
        States Code''.
          (2) In sections 872(b)(3), strike ``subparagraph (F) or (J) 
        of section 101(a)(15) of the Immigration and Nationality Act, 
        as amended'' and substitute ``section 2310 or 2312 of title 8, 
        United States Code''.
          (3) In sections 877(d), 2107(d), and 2501(a)(3)(A), strike 
        ``, as amended (8 U.S.C. 1401(b), 1482, or 1487)'' and 
        substitute ``as those sections were in effect on October 9, 
        1978''.
          (4) In section 1441(b), strike ``subparagraph (F), (J), or 
        (M) of section 101(a)(15) of the Immigration and Nationality 
        Act'' and substitute ``section 2310, 2311, or 2312 of title 8, 
        United States Code,''.
          (5) In section 3121(b)--
                  (A) in clause (18), strike ``section 
                101(a)(15)(H)(ii) of the Immigration and Nationality 
                Act (8 U.S.C. 1101(a)(15)(H)(ii))'' and substitute 
                ``section 2314 or 2315 of title 8, United States 
                Code''; and
                  (B) in clause (19), strike ``subparagraph (F), (J), 
                or (M) of section 101(a)(15) of the Immigration and 
                Nationality Act, as amended'' and ``in subparagraph 
                (F), (J), or (M)'' and substitute ``section 2310, 2311, 
                or 2312 of title 8, United States Code'' and ``in 
                section 2310, 2311, or 2312'', respectively.
          (6) In section 3231(e)(1), strike ``subparagraph (F), (J), or 
        (M) of section 101(a)(15) of the Immigration and Nationality 
        Act, as amended'' and ``in subparagraph (F), (J), or (M)'' and 
        substitute ``section 2310, 2311, or 2312 of title 8, United 
        States Code'' and ``in section 2310, 2311, or 2312'', 
        respectively.
          (7) In section 3304(a)(14)(A), strike ``section 212(d)(5) of 
        the Immigration and Nationality Act'' and substitute ``section 
        6123 of title 8, United States Code''.
          (8) In section 3306(c)--
                  (A) in clause (1)(B), strike ``sections 214(c) and 
                101(a)(15)(H) of the Immigration and Nationality Act'' 
                and substitute ``section 2314 of title 8, United States 
                Code''; and
                  (B) in clause (19), strike ``subparagraph (F), (J), 
                or (M) of section 101(a)(15) of the Immigration and 
                Nationality Act, as amended (8 U.S.C 1101(a)(15)(F), 
                (J), or (M))'' and ``in subparagraph (F), (J), or (M)'' 
                and substitute ``section 2310, 2311, or 2312 of title 
                8, United States Code'' and ``in section 2310, 2311, or 
                2312'', respectively.
          (9) In section 6103(m)(4)(A)(ii)(II), strike ``section 
        3(a)(1) of the Migration and Refugee Assistance Act of 1962'' 
        and substitute ``section 13307(a)(1) of title 8, United States 
        Code,''.
          (10) In section 7701(b)(5)--
                  (A) in paragraph (C)(i), strike ``subparagraph (J) of 
                section 101(15) of the Immigration and Nationality 
                Act'' and substitute ``section 2312 of title 8, United 
                States Code'';
                  (B) in paragraph (D)(i)(I), strike ``subparagraph (F) 
                or (M) of section 101(a)(15) of the Immigration and 
                Nationality Act'' and substitute ``section 2310 or 2311 
                of title 8, United States Code''; and
                  (C) in paragraph (D)(i)(II), strike ``subparagraph 
                (J) of such section 101(15)'' and substitute ``section 
                2312 of title 8, United States Code''.
  (e) Title 28.--Title 28, United States Code, is amended as follows:
          (1) In section 751(e), strike ``naturalization fees listed in 
        section 742 of Title 8 and''.
          (2) In section 1821(e), strike ``section 212(d)(5) of the 
        Immigration and Nationality Act (8 U.S.C. 1182(d)(5))'' and 
        ``section 242(b) of such Act (8 U.S.C. 1252(b))'' and 
        substitute ``section 6123 of title 8'' and ``section 6532 of 
        title 8'', respectively.
  (f) Title 46.--Title 46, United States Code, is amended as follows:
          (1) In section 2101(3a), strike ``section 101(a)(22) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(22))'' and 
        substitute ``section 129 of title 8''.
          (2) In section 8103(i)(1)(C), strike ``the Immigration and 
        Nationality Act (8 U.S.C. 1101 et seq.)'' and substitute 
        ``title 8''.
          (3) In section 8704, strike ``section 274A of the Immigration 
        and Nationality Act (8 U.S.C. 1324a)'' and substitute ``chapter 
        111 of title 8''.

SEC. 4. LEGISLATIVE PURPOSE AND CONSTRUCTION.

  (a) No Substantive Change.--Sections 1 and 2 of this Act restate, 
without substantive change, laws enacted before February 1, 1994, that 
were replaced by those sections. Those sections may not be construed as 
making a substantive change in the laws replaced. Laws enacted after 
January 31, 1994, that are inconsistent with this Act supersede this 
Act to the extent of the inconsistency.
  (b) References.--A reference to a law replaced by section 1 or 2 of 
this Act, including a reference in a regulation, order, or other law, 
is deemed to refer to the corresponding provision enacted by this Act.
  (c) Continuing Effect.--An order, rule, or regulation in effect under 
a law replaced by section 1 or 2 of this Act continues in effect under 
the corresponding provision enacted by this Act until repealed, 
amended, or superseded.
  (d) Actions and Offenses Under Prior Law.--An action taken or an 
offense committed under a law replaced by section 1 or 2 of this Act is 
deemed to have been taken or committed under the corresponding 
provision enacted by this Act.
  (e) Inferences.--An inference of a legislative construction is not to 
be drawn by reason of the location in the United States Code of a 
provision enacted by this Act or by reason of a caption or catch line 
of the provision.
  (f) Severability.--If a provision enacted by this Act is held 
invalid, all valid provisions that are severable from the invalid 
provision remain in effect. If a provision enacted by this Act is held 
invalid in any of its applications, the provision remains valid for all 
valid applications that are severable from any of the invalid 
applications.

SEC. 5. REPEALS.

  (a) Inferences of Repeal.--The repeal of a law by this Act may not be 
construed as a legislative inference that the provision was or was not 
in effect before its repeal.
  (b) Repealer Schedule.--The laws specified in the following schedule 
are repealed, except for rights and duties that matured, penalties that 
were incurred, and proceedings that were begun before the date of 
enactment of this Act:

                                                                Schedule of Laws Repealed                                                               
                                                                    Statutes at Large                                                                   
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                       Statutes at Large                 U.S. Code      
             Date                  Chapter or Public Law                 Section            ------------------------------------------------------------
                                                                                             Volume              Page              Title      Section   
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                        
             1875                                                                                                                                       
Feb. 18                        80...........................  1(14th par. on p. 318).......      18  318.........................     8              359
                                                                                                                                                        
             1879                                                                                                                                       
Mar. 3                         182..........................  2............................      20  402.........................     8               63
                                                                                                                                                        
             1887                                                                                                                                       
Feb. 8                         119..........................  6(2d sentence less provisos).      24  390.........................  .....  ..............
Mar. 3                         340..........................  1(related to the District of       24  476.........................     8            79-81
                                                               Columbia), 2(related to the                                                              
                                                               District of Columbia),                                                                   
                                                               4(related to the District of                                                             
                                                               Columbia).                                                                               
                                                                                                                                                        
             1888                                                                                                                                       
Feb. 1                         4............................  1(last par. under heading          25  9...........................     8               63
                                                               ``Pay Department'').                                                                     
                                                                                                                                                        
             1891                                                                                                                                       
Mar. 3                         551..........................  .............................      26  1084........................     8             1552
                                                                                                                                                        
             1893                                                                                                                                       
Mar. 3                         206..........................  .............................      27  569.........................  .....  ..............
                                                                                                                                                        
             1894                                                                                                                                       
Aug. 18                        301..........................  1(last par. on p. 390).......      28  390.........................     8              174
                                                                                                                                                        
             1895                                                                                                                                       
Mar. 2                         177..........................  1(last par. beginning on p.        28  780.........................     8       103, 1552,
                                                               780).                                                                                1554
                                                                                                                                                        
             1898                                                                                                                                       
July 1                         546..........................  1(2d par. under heading            30  640.........................  .....  ..............
                                                               ``Back Pay and Bounty'').                                                                
                                                                                                                                                        
             1900                                                                                                                                       
Apr. 30                        339..........................  4............................      31  141.........................     8                4
                                                                                                                                                        
             1901                                                                                                                                       
Mar. 3                         853..........................  1(next-to-last par. before         31  1155........................     8              112
                                                               heading ``Quarantine                                                                     
                                                               Service'').                                                                              
                               868..........................  .............................      31  1447........................  .....  ..............
                                                                                                                                                        
             1902                                                                                                                                       
June 14                        1088.........................  .............................      32  386.........................    22         211, 212
July 1                         1351.........................  (3d complete par. on p. 556).      32  556.........................     8               64
                                                                                                                                                        
             1903                                                                                                                                       
Feb. 14                        552..........................  4(related to immigration),         32  826, 828....................     8   131, 261, 1551
                                                               7(related to immigration).                                                               
                                                                                                                                                        
             1904                                                                                                                                       
Apr. 28                        1762.........................  1(par. under heading               33  478.........................     8              298
                                                               ``Enforcement of the Chinese-                                                            
                                                               Exclusion Act'').                                                                        
                               P.R. 33......................  .............................      33  591.........................     8             1552
                                                                                                                                                        
             1906                                                                                                                                       
May 8                          2348.........................  ``Sec. 6(2d sentence less          34  182.........................  .....  ..............
                                                               provisos)''.                                                                             
June 29                        3592.........................  .............................      34  596.........................  .....  ..............
                               3624.........................  .............................      34  630.........................     8              407
                                                                                                                                                        
             1910                                                                                                                                       
May 27                         258..........................  9............................      36  448.........................     8              385
June 25                        395..........................  6(1st par.)..................      36  826.........................     8             1557
                               401..........................  .............................      36  829.........................     8              402
                                                                                                                                                        
             1913                                                                                                                                       
Mar. 4                         141..........................  3(related to Commissioner of       37  737.........................     8       1551, 1552
                                                               Naturalization and ``known                                                               
                                                               as the Commissioner General                                                              
                                                               of Immigration, the                                                                      
                                                               Commissioners of                                                                         
                                                               Immigration, the Bureau of                                                               
                                                               Immigration and                                                                          
                                                               Naturalization, the Division                                                             
                                                               of Information, the Division                                                             
                                                               of Naturalization, and the                                                               
                                                               Immigration Service at                                                                   
                                                               Large'' in 1st-3d sentences).                                                            
                                                                                                                                                        
             1915                                                                                                                                       
Mar. 4                         147..........................  1(par. under heading               38  1151........................     8              112
                                                               ``Immigration Service'').                                                                
                                                                                                                                                        
             1917                                                                                                                                       
Mar. 2                         145..........................  5, 5a(provisos)..............      39  953.........................     8            5, 5a
Mar. 3                         163..........................  1(pars. under headings             39  1118........................     8             1552
                                                               ``Bureau of Immigration''                                                                
                                                               and ``Bureau of                                                                          
                                                               Naturalization'').                                                                       
June 12                        27...........................  1(1st proviso on p. 171).....      40  171.........................     8              402
June 15                        30...........................  1 of title IX................      40  227.........................    22              213
                                                                                                                                                        
             1918                                                                                                                                       
May 9                          69...........................  .............................      40  542.........................     8    359, 406, 416
                                                                                                                                                        
             1919                                                                                                                                       
Aug. 15                        50...........................  .............................      41  280.........................     8              114
                                                                                                                                                        
             1920                                                                                                                                       
June 4                         223..........................  1-5..........................      41  750.........................    22    214, 215, 216
June 5                         235..........................  1(2d complete par. on p. 936)      41  936.........................     8              107
                               243..........................  .............................      41  981.........................     8              136
                               251..........................  .............................      41  1008........................     8              137
                                                                                                                                                        
             1921                                                                                                                                       
Mar. 3                         120..........................  3(1st sentence 1st-29th            41  1250........................  .....  ..............
                                                               words).                                                                                  
Mar. 4                         161..........................  1(2d par. under heading            41  1424........................     8            1353c
                                                               ``Immigration Service'').                                                                
                                                                                                                                                        
             1922                                                                                                                                       
Mar. 28                        117..........................  (pars. under headings              42  486.........................     8             1552
                                                               ``Bureau of Immigration'',                                                               
                                                               ``Immigration Stations'',                                                                
                                                               and ``Bureau of                                                                          
                                                               Naturalization'').                                                                       
Sept. 22                       411..........................  .............................      42  1021........................     8               10
                                                                                                                                                        
             1923                                                                                                                                       
Jan. 5                         24...........................  (pars. under headings              42  1127........................     8             1552
                                                               ``Bureau of Immigration'',                                                               
                                                               ``Immigration Stations'',                                                                
                                                               and ``Bureau of                                                                          
                                                               Naturalization'').                                                                       
                                                                                                                                                        
             1924                                                                                                                                       
June 2                         233..........................  .............................      43  253.........................     8      3, 173, 224
June 7                         379..........................  .............................      43  669.........................     8              228
                                                                                                                                                        
             1926                                                                                                                                       
May 25                         388..........................  .............................      44  652.........................     8              374
July 3                         738..........................  .............................      44  812.........................     8              204
                               772..........................  .............................      44  887.........................    22       211, 211a,
                                                                                                                                              214a, 217,
                                                                                                                                                    217a
                                                                                                                                                        
             1927                                                                                                                                       
Feb. 25                        192..........................  1-3..........................      44  1234........................     8     5b, 5c, 377a
Mar. 4                         503..........................  2 ``Sec. 5a(provisos)''......      44  1418........................     8               5a
                               514..........................  .............................      44  1455........................     8              211
                                                                                                                                                        
             1928                                                                                                                                       
Mar. 31                        306..........................  .............................      45  400.........................     8              211
May 29                         864..........................  .............................      45  954.........................     8              109
                               914..........................  .............................      45  1009........................     8         204, 206
                                                                                                                                                        
             1929                                                                                                                                       
Mar. 2                         536..........................  .............................      45  1512........................     8        361, 402a
Mar. 4                         683..........................  .............................      45  1545........................     8             392a
June 24                        40...........................  .............................      46  41..........................     8              180
                                                                                                                                                        
             1930                                                                                                                                       
Apr. 18                        184..........................  1(last par. 2d proviso under       46  216.........................     8              118
                                                               heading ``Bureau of                                                                      
                                                               Immigration'').                                                                          
June 13                        476..........................  .............................      46  581.........................     8              213
June 19                        544..........................  .............................      46  787.........................     8               3a
July 1                         782..........................  .............................      46  839.........................    22             217a
July 3                         826..........................  .............................      46  849.........................     8             137a
                               835..........................  .............................      46  854.........................     8           9, 204
                                                                                                                                                        
             1931                                                                                                                                       
Feb. 21                        270..........................  .............................      46  1205........................     8              109
Mar. 2                         368..........................  .............................      46  1467........................     8     1353a, 1353b
Mar. 3                         442..........................  .............................      46  1511........................     8              370
                                                                                                                                                        
             1932                                                                                                                                       
May 2                          156..........................  .............................      47  145.........................     8              109
May 16                         187..........................  .............................      47  157.........................    22             217a
May 25                         203..........................  .............................      47  165.........................     8       392b-392d,
                                                                                                                                                    399c
June 28                        283..........................  .............................      47  336.........................     8    5b, 204a-204d
July 1                         363..........................  .............................      47  524.........................     8              215
July 6                         434..........................  .............................      47  607.........................     8              203
July 11                        471..........................  .............................      47  656.........................     8         204, 206
                                                                                                                                                        
             1934                                                                                                                                       
Mar. 15                        70...........................  1(1st proviso on p. 435 words      48  435.........................     8              176
                                                               after semicolon).                                                                        
May 7                          221..........................  .............................      48  667.........................     8           3b, 3c
May 24                         344..........................  .............................      48  797.........................     8   137a, 371, 375
June 8                         429..........................  .............................      48  926.........................     8             106a
                                                                                                                                                        
             1935                                                                                                                                       
June 15                        255..........................  .............................      49  376.........................     8              376
                                                                                                                                                        
             1937                                                                                                                                       
May 14                         181..........................  .............................      50  164.........................     8              102
                               182..........................  .............................      50  164.........................     8         209, 213
Aug. 23                        735..........................  .............................      50  743.........................     8        392b-392d
                                                                                                                                                        
             1939                                                                                                                                       
June 21                        234..........................  .............................      53  851.........................     8        392b-392d
Aug. 7                         517..........................  .............................      53  1243........................     8             106a
                                                                                                                                                        
             1940                                                                                                                                       
June 28                        439..........................  20-23, 40, 41................      54  671, 676....................     8      137, 137-1,
                                                                                                                                               155, 156a
July 1                         495..........................  .............................      54  707.........................     8             368b
                               502..........................  .............................      54  711.........................     8         203, 215
July 2                         509..........................  .............................      54  715.........................     8               9a
Aug. 22                        688..........................  .............................      54  858.........................     8            1353d
                                                                                                                                                        
             1941                                                                                                                                       
June 21                        210..........................  .............................      55  252.........................    22    223, 225-226b
Oct. 13                        432..........................  .............................      55  736.........................     8              457
Oct. 16                        446..........................  .............................      55  743.........................     8              809
                                                                                                                                                        
             1942                                                                                                                                       
Mar. 27                        199..........................  1001.........................      56  182.........................     8        1001-1005
Apr. 2                         208..........................  .............................      56  198.........................     8              723
June 20                        426..........................  .............................      56  372.........................     8              109
Oct. 9                         585..........................  .............................      56  779.........................     8              809
Dec. 7                         690..........................  .............................      56  1041........................     8             723a
Dec. 8                         696..........................  .............................      56  1043........................     8              806
                               697..........................  .............................      56  1044........................     8              155
Dec. 24                        819..........................  .............................      56  1085........................     8              806
                                                                                                                                                        
             1943                                                                                                                                       
July 12                        221..........................  1(1st proviso on p. 507 words      57  507.........................     8              117
                                                               before semicolon).                                                                       
July 13                        230..........................  .............................      57  553.........................     8              156
Dec. 17                        344..........................  .............................      57  600.........................     8              703
                                                                                                                                                        
             1944                                                                                                                                       
Jan. 20                        2............................  1, 3.........................      58  4...........................     8    739, 742, 801
June 28                        302..........................  201(1st proviso on p. 558)...      58  558.........................     8              117
July 1                         368..........................  .............................      58  677.........................     8         801, 803
                               373..........................  713(12th par. on p. 716).....      58  716.........................     8              152
Sept. 27                       415..........................  .............................      58  745.........................     8              742
                               418..........................  .............................      58  746.........................     8         136, 801
                               419..........................  .............................      58  747.........................     8              809
Sept. 28                       446..........................  .............................      58  755.........................     8              742
Dec. 19                        608..........................  .............................      58  816.........................     8   151, 154, 167,
                                                                                                                                                     216
Dec. 22                        662..........................  .............................      58  886.........................     8       1001, 1002
                                                                                                                                                        
             1945                                                                                                                                       
Oct. 11                        410..........................  .............................      59  544.........................     8              809
Oct. 29                        437..........................  .............................      59  551.........................     8              224
                               438..........................  .............................      59  551.........................     8              102
Nov. 21                        490..........................  .............................      59  585.........................     8              742
Dec. 28                        590..........................  1(c).........................      59  658.........................     8       1001, 1006
                               591..........................  1, 2, 4-6....................      59  659.........................     8          232-237
Dec. 29                        652..........................  7(c), (d)....................      59  672.........................     8         203, 215
                                                                                                                                                        
             1946                                                                                                                                       
July 2                         534..........................  .............................      60  416.........................     8   703, 721a, 724
July 31                        708..........................  .............................      60  721.........................     8              601
Aug. 7                         768..........................  .............................      60  865.........................     8              110
Aug. 9                         945..........................  .............................      60  975.........................     8        212a, 213
Aug. 13                        958..........................  5(related to Sec. 611).......      60  1049........................     8              152
                                                                                                                                                        
             1947                                                                                                                                       
May 16                         72...........................  .............................      61  97..........................     8              727
May 31                         87...........................  .............................      61  121.........................     8   731, 732, 734,
                                                                                                                                                     735
July 1                         194..........................  .............................      61  240.........................     8              742
July 9                         211..........................  1(2d proviso beginning on p.       61  292.........................     8             103a
                                                               292 words before semicolon).                                                             
July 22                        289..........................  .............................      61  401.........................     8              237
July 23                        304..........................  .............................      61  414.........................     8          3b, 739
July 30                        384..........................  .............................      61  630.........................     8              148
                                                                                                                                                        
             1948                                                                                                                                       
Feb. 28                        83...........................  9(b)(related to Sec. 711)....      62  47..........................     8              152
May 19                         311..........................  .............................      62  241.........................     8         204, 206
May 25                         338..........................  .............................      62  268.........................     8              137
June 1                         360..........................  .............................      62  281.........................     8             724a
June 3                         403..........................  .............................      62  335.........................     8              210
June 25                        656..........................  .............................      62  1026........................     8              732
July 1                         783..........................  .............................      62  1206........................     8              155
                                                                                                                                                        
             1949                                                                                                                                       
June 29                        274..........................  .............................      63  282.........................     8             724a
Oct. 15                        695..........................  5(a)(related to Commissioner       63  880.........................     8              102
                                                               of Immigration and                                                                       
                                                               Naturalization).                                                                         
                                                                                                                                                        
             1950                                                                                                                                       
June 30                        423..........................  .............................      64  306.........................     8       1184(note)
                               443..........................  .............................      64  316.........................     8       1440(note)
July 28                        503..........................  6............................      64  380.........................     8             1555
Aug. 1                         512..........................  4............................      64  384.........................     8              703
                                                                                                                                     48            1421l
Aug. 19                        759..........................  .............................      64  464.........................     8              239
Sept. 23                       1024.........................  22-30........................      64  1006........................     8       137-137-8,
                                                                                                                                          156, 456, 457,
                                                                                                                                          704, 705, 725,
                                                                                                                                            729, 733-735
                                                                                                                                                        
             1951                                                                                                                                       
Mar. 19                        9............................  .............................      65  5...........................     8              239
June 19                        144..........................  21...........................      65  89..........................  .....  ..............
Aug. 16                        321..........................  .............................      65  191.........................     8             723,
                                                                                                                                              1435(note)
                                                                                                                                                        
             1952                                                                                                                                       
Feb. 29                        49...........................  3............................      66  10..........................     8       398a, 727a
Mar. 20                        108..........................  .............................      66  26..........................     8         110, 144
Apr. 9                         171..........................  .............................      66  50..........................     8       1184(note)
June 18                        442..........................  .............................      66  138.........................     8              156
June 27                        477..........................  (less 402(a)-(d))............      66  163.........................     8            1101,
                                                                                                                                             1101(note),
                                                                                                                                              1102-1105,
                                                                                                                                              1151-1182,
                                                                                                                                             1183, 1184,
                                                                                                                                             1185, 1186,
                                                                                                                                            1186a, 1187,
                                                                                                                                             1201, 1202-
                                                                                                                                             1222, 1224-
                                                                                                                                            1255, 1255a,
                                                                                                                                              1256-1259,
                                                                                                                                             1281-1324a,
                                                                                                                                            1324b, 1325-
                                                                                                                                             1353, 1354-
                                                                                                                                             1401, 1402-
                                                                                                                                             1408, 1409-
                                                                                                                                                   1435,
                                                                                                                                             1435(note),
                                                                                                                                              1436-1440,
                                                                                                                                             1440(note),
                                                                                                                                           1440-1, 1441-
                                                                                                                                             1455, 1457-
                                                                                                                                             1481, 1483,
                                                                                                                                              1488-1522,
                                                                                                                                             1523, 1524,
                                                                                                                                                    1552
                                                                                                                                     22             1446
                                                                                                                                     48            1421l
                                                                                                                                     49              177
                                                                                                                                   App.                 
                                                                                                                                     50       1952-1955,
                                                                                                                                   App.             1961
                                                                                                                                                        
             1953                                                                                                                                       
June 30                        162..........................  .............................      67  108.........................     8      1440a-1440d
                                                                                                                                                        
             1954                                                                                                                                       
June 18                        323..........................  .............................      68  264.........................     8            1184a
July 20                        553..........................  .............................      68  495.........................     8       1435(note)
Sept. 3                        1254.........................  .............................      68  1145........................     8       1154(note)
                               1256.........................  .............................      68  1146........................     8            1481,
                                                                                                                                              1481(note)
                               1263.........................  6, 17, 18....................      68  1227, 1232..................     8     1252, 1353c,
                                                                                                                                                    1451
                                                                                                                                                        
             1956                                                                                                                                       
Feb. 10                        31...........................  .............................      70  11..........................    22              214
Mar. 16                        85...........................  .............................      70  50..........................     8            1401a
June 20                        414..........................  201(1st proviso on p. 307)...      70  307.........................     8             1553
July 18                        629..........................  301..........................      70  575.........................     8       1182, 1251
Aug. 1                         841..........................  33...........................      70  890.........................    22             2705
                               849..........................  6(b).........................      70  900.........................    50              855
                                                                                                                                                        
             1957                                                                                                                                       
Sept. 11                       85-316.......................  .............................      71  639.........................     8            1101,
                                                                                                                                             1151(note),
                                                                                                                                                   1153,
                                                                                                                                             1153(note),
                                                                                                                                            1201a(note),
                                                                                                                                             1255b, 1434
                                                                                                                                                        
             1958                                                                                                                                       
July 7                         85-508.......................  21-26........................      72  351.........................     8      1101, 1182,
                                                                                                                                             1404(note),
                                                                                                                                              1421, 1455
July 18                        85-531.......................  .............................      72  375.........................     8       1184(note)
July 25                        85-559.......................  .............................      72  419.........................     8       1182(note)
Aug. 8                         85-616.......................  .............................      72  546.........................     8             1259
Aug. 20                        85-697.......................  .............................      72  687.........................     8       1430, 1434
Aug. 21                        85-700.......................  .............................      72  699.........................     8      1153(note),
                                                                                                                                                    1255
Sept. 2                        85-892.......................  .............................      72  1712........................  .....  ..............
                                                                                                                                                        
             1959                                                                                                                                       
Mar. 18                        86-3.........................  20...........................      73  13..........................     8      1101, 1182,
                                                                                                                                             1405(note),
                                                                                                                                                    1421
Aug. 4                         86-129.......................  .............................      73  274.........................     8       1485, 1486
Sept. 9                        86-253.......................  .............................      73  490.........................     8      1182c, 1205
Sept. 14                       86-267.......................  .............................      73  552.........................    22             217a
Sept. 22                       86-363.......................  .............................      73  644.........................     8            1153,
                                                                                                                                             1153(note),
                                                                                                                                                    1155
                                                                                                                                                        
             1960                                                                                                                                       
July 14                        86-648.......................  .............................      74  504.........................     8            1182,
                                                                                                                                             1182(note),
                                                                                                                                             1205, 1251,
                                                                                                                                                    1255
                                                                                                                                                        
             1961                                                                                                                                       
Sept. 21                       87-256.......................  109..........................      75  534.........................     8      1101, 1182,
                                                                                                                                                    1258
Sept. 26                       87-301.......................  .............................      75  650.........................     8     1101, 1105a,
                                                                                                                                            1105a(note),
                                                                                                                                                   1152,
                                                                                                                                             1153(note),
                                                                                                                                             1155, 1182-
                                                                                                                                            1182c, 1201,
                                                                                                                                             1202, 1205,
                                                                                                                                            1251, 1251a,
                                                                                                                                            1255a(note),
                                                                                                                                             1421, 1440,
                                                                                                                                             1451, 1481,
                                                                                                                                                    1486
                                                                                                                                                        
             1962                                                                                                                                       
June 28                        87-510.......................  .............................      76  121.........................     8            1104,
                                                                                                                                              1182(note)
                                                                                                                                     22      1925, 1951,
                                                                                                                                                   2601,
                                                                                                                                             2601(note),
                                                                                                                                               2602-2605
Oct. 24                        87-885.......................  .............................      76  1247........................     8      1153(note),
                                                                                                                                              1154, 1254
                                                                                                                                                        
             1964                                                                                                                                       
Aug. 14                        88-426.......................  305(43)......................      78  428.........................     8             1104
Oct. 7                         88-634.......................  201(proviso under heading          78  1021........................    22             2601
                                                               ``assistance to refugees in                                                              
                                                               the United States'').                                                                    
                                                                                                                                                        
             1965                                                                                                                                       
Apr. 11                        89-10........................  4401-4410....................  ......  ............................    20        3121-3130
Oct. 3                         89-236.......................  .............................      79  911.........................     8      1101, 1151,
                                                                                                                                             1151(note),
                                                                                                                                              1152-1156,
                                                                                                                                             1181, 1182,
                                                                                                                                             1182(note),
                                                                                                                                             1201, 1202,
                                                                                                                                             1204, 1251,
                                                                                                                                              1253-1255,
                                                                                                                                             1255(note),
                                                                                                                                             1259, 1322,
                                                                                                                                                    1351
                                                                                                                                                        
             1966                                                                                                                                       
Nov. 2                         89-710.......................  .............................      80  1104........................     8             1101
                               89-732.......................  3............................      80  1161........................     8       1255(note)
Nov. 6                         89-770.......................  .............................      80  1322........................     8             1401
                                                                                                                                                        
             1967                                                                                                                                       
Dec. 18                        90-215.......................  .............................      81  661.........................     8             1430
                                                                                                                                                        
             1968                                                                                                                                       
June 29                        90-369.......................  .............................      82  279.........................     8             1430
July 26                        90-428.......................  .............................      82  446.........................    22        213, 214,
                                                                                                                                                   217a,
                                                                                                                                              217a(note)
Oct. 21                        90-609.......................  .............................      82  1199........................     8       1351, 1455
Oct. 24                        90-633.......................  .............................      82  1343........................     8      1429, 1439,
                                                                                                                                             1440, 1440e
                                                                                                                                                        
             1969                                                                                                                                       
Dec. 5                         91-136.......................  .............................      83  283.........................     8             1447
                                                                                                                                                        
             1970                                                                                                                                       
Apr. 7                         91-225.......................  .............................      84  116.........................     8      1101, 1182,
                                                                                                                                                    1184
July 10                        91-313.......................  .............................      84  413.........................     8       1183, 1363
Oct. 26                        91-510.......................  421, 422.....................      84  1189........................     8            1106,
                                                                                                                                              1106(note)
                                                                                                                                                        
             1971                                                                                                                                       
May 14                         92-14........................  .............................      85  38..........................    22   214, 214(note)
                                                                                                                                                        
             1972                                                                                                                                       
Oct. 27                        92-584.......................  .............................      86  1289........................     8      1401, 1401b
                                                                                                                                                        
             1974                                                                                                                                       
Sept. 17                       93-417.......................  .............................      88  1151........................    22              214
Oct. 20                        93-461.......................  .............................      88  1387........................     8          331-339
                                                                                                                                                        
             1975                                                                                                                                       
Nov. 29                        94-141.......................  501(a).......................      89  771.........................    22             2601
Dec. 16                        94-155.......................  .............................      89  824.........................     8             1101
                                                                                                                                                        
             1976                                                                                                                                       
Apr. 21                        94-274.......................  118..........................      90  389.........................     8      1151(note),
                                                                                                                                             1151a(note)
Sept. 14                       94-412.......................  501(a).......................      90  1258........................     8             1481
Oct. 12                        94-484.......................  601, 602, 906................      90  2300, 2325..................     8            1101,
                                                                                                                                             1101(note),
                                                                                                                                                   1182,
                                                                                                                                              1182(note)
Oct. 18                        94-550.......................  7............................      90  2535........................     8             1357
Oct. 20                        94-571.......................  1-7, 9, 10...................      90  2703, 2707..................     8            1101,
                                                                                                                                             1101(note),
                                                                                                                                              1151-1153,
                                                                                                                                             1153(note),
                                                                                                                                             1154, 1181,
                                                                                                                                             1182, 1251,
                                                                                                                                              1254, 1255
                                                                                                                                                        
             1977                                                                                                                                       
Aug. 1                         95-83........................  307(q).......................      91  394.........................     8            1101,
                                                                                                                                             1101(note),
                                                                                                                                                   1182,
                                                                                                                                              1182(note)
Aug. 17                        95-105.......................  109(b).......................      91  847.........................     8      1101, 1104,
                                                                                                                                             1104(note),
                                                                                                                                                    1105
Oct. 28                        95-145.......................  .............................      91  1223........................     8       1255(note)
                                                                                                                                     22       2601(note)
                                                                                                                                                        
             1978                                                                                                                                       
Sept. 17                       95-370.......................  401..........................      92  627.........................     8       1182(note)
Oct. 5                         95-412.......................  .............................      92  907.........................     8            1151,
                                                                                                                                             1151(note),
                                                                                                                                             1152, 1153,
                                                                                                                                              1182(note)
                               95-417.......................  .............................      92  917.........................     8      1153, 1154,
                                                                                                                                               1431-1434
Oct. 7                         95-426.......................  124, 126, 707................      92  971, 992....................     8             1185
                                                                                                                                     22            211a,
                                                                                                                                              2691(note)
Oct. 10                        95-431.......................  605..........................      92  1045........................     8       1182(note)
                               95-432.......................  .............................      92  1046........................     8            1401,
                                                                                                                                             1401(note),
                                                                                                                                             1481, 1482,
                                                                                                                                               1484-1487
Oct. 30                        95-549.......................  .............................      92  2065........................     8      1182, 1251,
                                                                                                                                              1253, 1254
                                                                                                                                     22       2601(note)
Nov. 2                         95-579.......................  3............................      92  2474........................     8             1423
                               95-582.......................  2............................      92  2479........................     8             1324
                                                                                                                                                        
             1979                                                                                                                                       
Sept. 27                       96-70........................  3201.........................      93  496.........................     8            1101,
                                                                                                                                             1101(note),
                                                                                                                                                   1182,
                                                                                                                                              1182(note)
Nov. 30                        96-132.......................  23...........................      93  1050........................     8       1151(note)
                                                                                                                                                        
             1980                                                                                                                                       
Mar. 17                        96-212.......................  (less Sec. Sec. 101,               94  102.........................     8            1101,
                                                               203(i)(related to the first                                                   1101(note),
                                                               section of Pub. L. 89-732),                                                    1151-1153,
                                                               313(c)(2), 401).                                                              1153(note),
                                                                                                                                                   1157,
                                                                                                                                             1157(note),
                                                                                                                                                   1158,
                                                                                                                                             1158(note),
                                                                                                                                             1159, 1181,
                                                                                                                                                   1182,
                                                                                                                                             1182(note),
                                                                                                                                             1253, 1254,
                                                                                                                                             1255(note),
                                                                                                                                                   1521,
                                                                                                                                             1521(note),
                                                                                                                                                   1522,
                                                                                                                                             1522(note),
                                                                                                                                               1523-1525
                                                                                                                                     22            2601,
                                                                                                                                              2601(note)
Oct. 10                        96-422.......................  .............................      94  1799........................     8       1522(note)
                               96-424.......................  .............................      94  1820........................     8       1522(note)
Oct. 17                        96-465.......................  2206(a)(10)..................      94  2162........................    22             2605
Oct. 19                        96-470.......................  207..........................      94  2245........................     8             1154
Dec. 17                        96-538.......................  404..........................      94  3192........................     8             1182
                                                                                                                                                        
             1981                                                                                                                                       
Aug. 13                        97-35........................  525, 526, 541-547, 1502......      95  450, 458, 459, 750..........     8      1522(note),
                                                                                                                                              1524(note)
                                                                                                                                     20             239a
Dec. 29                        97-113.......................  714..........................      95  1548........................     8       1152(note)
                               97-116.......................  .............................      95  1611........................     8            1101,
                                                                                                                                             1101(note),
                                                                                                                                            1105a, 1151,
                                                                                                                                             1151(note),
                                                                                                                                             1152, 1154,
                                                                                                                                                   1182,
                                                                                                                                             1182(note),
                                                                                                                                             1201, 1203,
                                                                                                                                             1221, 1227,
                                                                                                                                              1251-1255,
                                                                                                                                            1255b, 1258,
                                                                                                                                             1305, 1324,
                                                                                                                                             1356, 1361,
                                                                                                                                            1401a, 1409,
                                                                                                                                             1427, 1431-
                                                                                                                                             1433, 1439,
                                                                                                                                             1440, 1445-
                                                                                                                                             1448, 1452,
                                                                                                                                             1455, 1481,
                                                                                                                                                    1483
                                                                                                                                     18             1429
                                                                                                                                                        
             1982                                                                                                                                       
Aug. 24                        97-241.......................  116, 117 ``Sec. 33''.........      96  279.........................    22       214, 217a,
                                                                                                                                             217a(note),
                                                                                                                                                    2705
Sept. 30                       97-271.......................  .............................      96  1157........................     8       1255(note)
Oct. 22                        97-359.......................  .............................      96  1716........................     8             1154
Oct. 25                        97-363.......................  .............................      96  1734........................     8      1101(note),
                                                                                                                                                   1522,
                                                                                                                                             1522(note),
                                                                                                                                              1523, 1524
                                                                                                                                                        
             1983                                                                                                                                       
Nov. 22                        98-164.......................  1011(a)(1), (b)..............      97  1061........................     8             1522
                                                                                                                                     22       2691(note)
                                                                                                                                                        
             1984                                                                                                                                       
Oct. 5                         98-454.......................  602..........................      98  1737........................     8       1182, 1184
Oct. 12                        98-473.......................  101(d)(last par.), 220.......      98  1877, 2027..................     8      1182, 1252,
                                                                                                                                                   1522,
                                                                                                                                              1522(note)
Oct. 30                        Priv. L. 98-47...............  3............................      98  3435........................     8             1101
                               Priv. L. 98-53...............  .............................      98  3437........................     8       1101(note)
                                                                                                                                                        
             1985                                                                                                                                       
Aug. 16                        99-93........................  111-113, 132.................      99  410, 420....................     8       1182(note)
                                                                                                                                     22      2601, 2605,
                                                                                                                                             2605(note),
                                                                                                                                                    2606
Dec. 4                         99-169.......................  601..........................      99  1007........................     8             1427
                                                                                                                                                        
             1986                                                                                                                                       
Aug. 27                        99-396.......................  15, 16.......................     100  842.........................     8      1182, 1408,
                                                                                                                                             1408(note),
                                                                                                                                                   1452,
                                                                                                                                              1452(note)
Oct. 18                        99-500.......................  205, 206.....................     100  1783-53.....................     8      1222, 1223,
                                                                                                                                                    1356
Oct. 21                        99-505.......................  .............................     100  1806........................     8            1101,
                                                                                                                                              1101(note)
Oct. 27                        99-570.......................  1751(a)-(d)..................     100  3207-47.....................     8            1182,
                                                                                                                                             1182(note),
                                                                                                                                              1251, 1357
Oct. 30                        99-591.......................  205, 206.....................     100  3341-53.....................     8      1222, 1223,
                                                                                                                                                    1356
Nov. 6                         99-603.......................  101(a), (c)-(f), 102, 111(b),     100  3360, 3373, 3374, 3381,          8            1101,
                                                               (c), 112-114, 116, 117,                3384, 3394, 3404, 3411,                1101(note),
                                                               201(a), 202-204, 301(a)-(e),           3417, 3422, 3431, 3434,                      1152,
                                                               (g), 302(a), 303(a)-(c),               3440, 3441, 3443, 3445.                1152(note),
                                                               304, 311-314, 315(a), (b),                                                    1153(note),
                                                               (d), (e), 401, 403, 406-501,                                                        1160,
                                                               701, 702.                                                                     1160(note),
                                                                                                                                             1161, 1184,
                                                                                                                                                   1186,
                                                                                                                                             1186(note),
                                                                                                                                             1187, 1251,
                                                                                                                                             1252, 1254,
                                                                                                                                            1255, 1255a,
                                                                                                                                            1255a(note),
                                                                                                                                             1258, 1259,
                                                                                                                                             1259(note),
                                                                                                                                             1321, 1324,
                                                                                                                                                  1324a,
                                                                                                                                            1324a(note),
                                                                                                                                                  1324b,
                                                                                                                                            1324b(note),
                                                                                                                                              1357, 1364
                                                                                                                                     42        405(note)
                               99-605.......................  .............................     100  3449........................     8      1101(note),
                                                                                                                                                   1522,
                                                                                                                                             1522(note),
                                                                                                                                              1523, 1524
Nov. 10                        99-639.......................  .............................     100  3537........................     8      1101(note),
                                                                                                                                                   1154,
                                                                                                                                             1154(note),
                                                                                                                                                   1182,
                                                                                                                                             1182(note),
                                                                                                                                                   1184,
                                                                                                                                             1184(note),
                                                                                                                                            1186a, 1251,
                                                                                                                                              1255, 1325
Nov. 14                        99-653.......................  1-20, 22.....................     100  3655, 3658..................     8            1101,
                                                                                                                                             1101(note),
                                                                                                                                                   1152,
                                                                                                                                             1153(note),
                                                                                                                                             1182, 1201,
                                                                                                                                            1201a, 1202,
                                                                                                                                             1228, 1251,
                                                                                                                                             1301, 1302,
                                                                                                                                             1304, 1401,
                                                                                                                                             1409, 1431-
                                                                                                                                             1433, 1451,
                                                                                                                                             1452, 1481,
                                                                                                                                                    1483
                                                                                                                                                        
             1987                                                                                                                                       
July 11                        100-71.......................  (par. under heading ``General     101  394.........................     8             1356
                                                               Provisions--Department of                                                                
                                                               Justice'').                                                                              
Dec. 22                        100-202......................  211, 702, 622(b).............     101  1329-18, 1329-39, 1329-428..     8            1160,
                                                                                                                                              1201(note)
                                                                                                                                     22       211a(note)
                               100-204......................  745, 806(c), 903.............     101  1396, 1399, 1401............     8            1182,
                                                                                                                                              1201(note)
                                                                                                                                     22       2601(note)
                                                                                                                                                        
             1988                                                                                                                                       
Jan. 11                        100-239......................  5(f)(3)......................     101  1781........................    46       8704(note)
Apr. 28                        100-297......................  1001, 6209...................     102  242, 427....................    20       3121-3130,
                                                                                                                                              3130(note)
Sept. 28                       100-449......................  307..........................     102  1876........................     8             1184
                                                                                                                                     19       2112(note)
Oct. 1                         100-459......................  209, 210.....................     102  2203........................     8            1101,
                                                                                                                                             1101(note),
                                                                                                                                              1356, 1455
Oct. 24                        100-525......................  2(a)(1), (b), (d)-(f)(1),         102  2609, 2610, 2611, 2612,          8            1101,
                                                               (h)(1), (i)-(l)(3), (4)(less           2614, 2618, 2619.                      1101(note),
                                                               related to Sec. 301(f)),                                                       1102-1104,
                                                               (5), (m)-(q), 3-8(o), (q), 9.                                                1105a, 1152,
                                                                                                                                             1153(note),
                                                                                                                                             1154, 1157,
                                                                                                                                             1160, 1161,
                                                                                                                                                   1182,
                                                                                                                                             1182(note),
                                                                                                                                             1184, 1186,
                                                                                                                                            1186a, 1187,
                                                                                                                                                   1188,
                                                                                                                                             1188(note),
                                                                                                                                            1201, 1201a,
                                                                                                                                             1202, 1222-
                                                                                                                                             1224, 1227,
                                                                                                                                             1227(note),
                                                                                                                                             1251, 1252,
                                                                                                                                                   1254,
                                                                                                                                             1254(note),
                                                                                                                                            1255, 1255a,
                                                                                                                                            1255a(note),
                                                                                                                                            1255b, 1259,
                                                                                                                                             1301, 1302,
                                                                                                                                             1304, 1305,
                                                                                                                                            1324, 1324a,
                                                                                                                                            1324b, 1353,
                                                                                                                                                   1356,
                                                                                                                                             1356(note),
                                                                                                                                             1357, 1360,
                                                                                                                                             1408, 1409,
                                                                                                                                             1421, 1422,
                                                                                                                                             1424, 1426,
                                                                                                                                              1431-1433,
                                                                                                                                             1435, 1440,
                                                                                                                                             1441, 1446,
                                                                                                                                             1447, 1451,
                                                                                                                                             1452, 1454,
                                                                                                                                             1455, 1459,
                                                                                                                                             1481, 1483,
                                                                                                                                             1489, 1522,
                                                                                                                                             1522(note),
                                                                                                                                              1523, 1524
Nov. 15                        100-658......................  .............................     102  3908........................     8      1101(note),
                                                                                                                                              1153(note)
Nov. 18                        100-690......................  7341-7350....................     102  4469........................     8            1101,
                                                                                                                                             1103(note),
                                                                                                                                            1105a, 1182,
                                                                                                                                             1182(note),
                                                                                                                                                   1251,
                                                                                                                                             1251(note),
                                                                                                                                                   1252,
                                                                                                                                             1252(note),
                                                                                                                                                  1252a,
                                                                                                                                            1252a(note),
                                                                                                                                             1254, 1326,
                                                                                                                                             1326(note),
                                                                                                                                                   1327,
                                                                                                                                              1327(note)
                                                                                                                                                        
             1989                                                                                                                                       
Nov. 21                        101-162......................  (2d, 3d provisos beginning on     103  1000, 1038..................     8            1101,
                                                               p. 1000), 611.                                                                1101(note),
                                                                                                                                            1255a(note),
                                                                                                                                                    1356
                               101-166......................  (par. under heading ``Interim     103  1174........................     8      1255a(note)
                                                               Assistance to States for                                                                 
                                                               Legalization'').                                                                         
Dec. 18                        101-238......................  3, 4, 6......................     103  2100, 2104..................     8      1101, 1160,
                                                                                                                                             1182(note),
                                                                                                                                             1255a(note)
                                                                                                                                                        
             1990                                                                                                                                       
Feb. 16                        101-246......................  131, 407, 701................     104  31, 67, 74..................     8            1101,
                                                                                                                                             1102(note),
                                                                                                                                                    1182
                                                                                                                                     22             2606
Mar. 6                         101-249......................  .............................     104  94..........................     8      1101(note),
                                                                                                                                                  1440-1
Nov. 5                         101-515......................  210(a), (d)..................     104  2120, 2121..................     8             1356
                               101-517......................  (par. under heading ``Interim     104  2206........................     8      1255a(note)
                                                               Assistance to States for                                                                 
                                                               Legalization'').                                                                         
                               101-604......................  203(d).......................     104  3083........................     8       1380(note)
Nov. 29                        101-649......................  101(a), (b), 102-104, 111,        104  4980, 4987, 5000, 5005,          8            1101,
                                                               121-124, 131, 133, 134, 142,           5007, 5011, 5012, 5026,               1101(notes),
                                                               151, 153, 155, 161, 162(a)-            5028, 5030, 5036, 5040,                1102, 1103,
                                                               (e)(3), (6), (f)(2), (3),              5048, 5051, 5052, 5075,                     1105a,
                                                               201-207(b), 208, 209, 222,             5082, 5084, 5085.                    1105a(notes),
                                                               223, 231, 302(a), (b), 303,                                                   1151, 1152,
                                                               401-404, 406, 407, 501-506,                                                   1152(note),
                                                               508-511, 513-515, 521, 531-                                                         1153,
                                                               539, 541-545, 601(a), (b),                                                   1153(notes),
                                                               (d), (e), 602(a), (b), (d),                                                         1154,
                                                               603(a)(1)-(19), (21), (24),                                                   1154(note),
                                                               (b)(1)-(4), 701-705.                                                          1157, 1158,
                                                                                                                                             1158(note),
                                                                                                                                                   1159,
                                                                                                                                            1159(notes),
                                                                                                                                                   1160,
                                                                                                                                             1160(note),
                                                                                                                                                   1161,
                                                                                                                                             1161(note),
                                                                                                                                             1181, 1182,
                                                                                                                                            1182(notes),
                                                                                                                                             1183, 1184,
                                                                                                                                                  1186a,
                                                                                                                                            1186a(note),
                                                                                                                                            1186b, 1187,
                                                                                                                                             1187(note),
                                                                                                                                             1201, 1221,
                                                                                                                                             1221(note),
                                                                                                                                              1224-1227,
                                                                                                                                             1229, 1251,
                                                                                                                                            1251(notes),
                                                                                                                                                   1252,
                                                                                                                                            1252(notes),
                                                                                                                                                  1252a,
                                                                                                                                            1252a(note),
                                                                                                                                                  1252b,
                                                                                                                                            1252b(note),
                                                                                                                                             1253-1254a,
                                                                                                                                            1254a(note),
                                                                                                                                                   1255,
                                                                                                                                             1255(note),
                                                                                                                                            1255a, 1259,
                                                                                                                                             1281, 1282,
                                                                                                                                              1284-1288,
                                                                                                                                             1288(note),
                                                                                                                                             1304, 1321-
                                                                                                                                            1323, 1324a,
                                                                                                                                           1324a(notes),
                                                                                                                                                  1324b,
                                                                                                                                           1324b(notes),
                                                                                                                                            1324c, 1325-
                                                                                                                                             1328, 1330,
                                                                                                                                             1330(note),
                                                                                                                                             1357, 1421,
                                                                                                                                             1423, 1424,
                                                                                                                                              1426-1430,
                                                                                                                                             1433, 1435-
                                                                                                                                             1440, 1441-
                                                                                                                                             1451, 1455,
                                                                                                                                                   1459,
                                                                                                                                     18             1429
                                                                                                                                     22             2691
                                                                                                                                                        
             1991                                                                                                                                       
July 2                         102-65.......................  .............................     105  322.........................     8      1254a(note)
Oct. 1                         102-110......................  .............................     105  555.........................     8            1101,
                                                                                                                                            1101(notes),
                                                                                                                                              1153, 1255
Nov. 26                        102-170......................  (pars. under heading              105  1124........................     8      1255a(note)
                                                               ``Interim Assistance to                                                                  
                                                               States for Legalization'').                                                              
Dec. 12                        102-232......................  101, 102, 201, 202(a), 203-       105  1733, 1742, 1743, 1744,          8            1101,
                                                               208, 302(a)(1), (3), (b)(2)-           1745, 1746, 1748, 1749,               1101(notes),
                                                               (5), (7), (d)(2), (3), (5),            1751, 1757.                           1102, 1105a,
                                                               (e)(1)-(9), 303(a)(1)-(12),                                                  1105a(note),
                                                               (14), (b)(3), (4), 304(b),                                                     1151-1153,
                                                               (c)(related to aliens                                                        1153(notes),
                                                               described in par. (2)(B)),                                                    1154, 1157,
                                                               305(a)-(m), 306(a)(1)-(5),                                                    1157(note),
                                                               (7)-(13), (b), (c), 307(a)-                                                   1158(note),
                                                               (l)(7), (m), 308-310.                                                         1159, 1160,
                                                                                                                                             1160(note),
                                                                                                                                             1161, 1182,
                                                                                                                                             1182(note),
                                                                                                                                                   1184,
                                                                                                                                             1184(note),
                                                                                                                                           1186a, 1186b,
                                                                                                                                             1187, 1188,
                                                                                                                                             1201, 1221,
                                                                                                                                             1226, 1227,
                                                                                                                                             1229, 1251,
                                                                                                                                            1251(notes),
                                                                                                                                                   1252,
                                                                                                                                             1252(note),
                                                                                                                                           1252a, 1252b,
                                                                                                                                            1254, 1254a,
                                                                                                                                            1254a(note),
                                                                                                                                                   1255,
                                                                                                                                             1255(note),
                                                                                                                                            1255a, 1281,
                                                                                                                                             1282, 1284,
                                                                                                                                             1288, 1322,
                                                                                                                                            1323, 1324a-
                                                                                                                                            1324c, 1325,
                                                                                                                                                   1356,
                                                                                                                                             1356(note),
                                                                                                                                             1357, 1421,
                                                                                                                                             1421(note),
                                                                                                                                             1423, 1424,
                                                                                                                                             1433, 1439,
                                                                                                                                             1440, 1441,
                                                                                                                                             1443, 1445-
                                                                                                                                              1452, 1455
                                                                                                                                                        
             1992                                                                                                                                       
Oct. 6                         102-394......................  (pars under heading ``Interim     106  1808........................     8      1255a(note)
                                                               Assistance to States for                                                                 
                                                               Legalization'').                                                                         
                               102-395......................  112, 610.....................     106  1843, 1874..................     8      1153(note),
                                                                                                                                                    1356
Oct. 23                        102-484......................  1079.........................     106  2514........................     8       1224(note)
                                                                                                                                                        
             1993                                                                                                                                       
June 8                         103-37.......................  .............................     107  107.........................     8             1524
June 10                        103-43.......................  2007.........................     107  210.........................     8            1182,
                                                                                                                                              1182(note)
Oct. 27                        103-121......................  (words on p. 1161 before          107  1161........................     8            1356,
                                                               heading ``Immigration                                                          1356(note)
                                                               Emergency Fund'').                                                                       
Dec. 8                         103-182......................  341, 342.....................     107  2116........................     8             1184
                                                                                                                                     19             3401
Dec. 17                        103-198......................  8(a)-(c)(1)..................     107  2313........................     8             1288
Dec. 20                        103-206......................  323(a)-(c)(1)................     107  2428........................     8             1288
--------------------------------------------------------------------------------------------------------------------------------------------------------

                            Revised Statutes                            
------------------------------------------------------------------------
                                       United States Code               
   Revised Statutes    -------------------------------------------------
        Section                  Title                   Section        
------------------------------------------------------------------------
1995..................                        8                        2
1999..................                        8                       15
2032, 2033............                        8                   61, 62
2037..................                        8                       65
2169..................                        8                      359
4076, 4077............                       22                 212, 218
------------------------------------------------------------------------

                           United States Code                           
------------------------------------------------------------------------
               Title                               Section              
------------------------------------------------------------------------
18.................................  1429                               
18.................................  item 1429 in analysis of ch. 69    
------------------------------------------------------------------------

                                              Reorganization Plans                                              
----------------------------------------------------------------------------------------------------------------
                                                                                  Statutes at Large             
           Year              Plan               Section             --------------------------------------------
                             No.                                     <gr-thn-eq>Volume            Page          
----------------------------------------------------------------------------------------------------------------
1940.....................        5  ...............................          54         1238                    
1977.....................        2  7(a)(8)........................          91         1637                    
----------------------------------------------------------------------------------------------------------------

                                                Executive Orders                                                
----------------------------------------------------------------------------------------------------------------
                                     <gr-thn-eq>Order                                                           
                Date                        No.                                 Section                         
----------------------------------------------------------------------------------------------------------------
                1933                                                                                            
June 10............................          6166      14                                                       
----------------------------------------------------------------------------------------------------------------

  (c) Act of February 14, 1917.--The Act of February 14, 1917 (ch. 64, 
39 Stat. 919), is repealed. An action taken or offense committed under 
that Act is deemed to have been taken or committed under section 871 of 
title 18, United States Code.

                                 <all>

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```