I 

114TH CONGRESS 

2D SESSION H. R. 6345 

To amend the Immigration and Nationality Act to modify the procedure 

to designate a foreign state, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 17, 2016 

Mr. BROOKS of Alabama (for himself, Mr. GOHMERT, Mr. KING of Iowa, Mr. 

GOSAR, Mr. JONES, Mr. BRAT, and Mr. BABIN) introduced the following 

bill; which was referred to the Committee on the Judiciary 

A BILL 

To amend the Immigration and Nationality Act to modify 

the procedure to designate a foreign state, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘TPS Reform Act of 

5 2016’’. 

6 SEC. 2. TEMPORARY PROTECTED STATUS. 

7 (a) POWER TO DESIGNATE A FOREIGN STATE.—Sec8 tion 244(b) of the Immigration and Nationality Act (8 

9 U.S.C. 1254a(b)) is amended— 


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1 (1) by striking paragraphs (1), (2), and (3) and 

2 inserting the following: 

3 ‘‘(1) INITIAL DESIGNATION.—For purposes of 

4 this section, a foreign state shall be designated upon 

5 the enactment of an Act that satisfies the following 

6 requirements: 

7 ‘‘(A) The Act shall contain a finding— 

8 ‘‘(i) that there is an ongoing armed 

9 conflict within the state and, due to such 

10 conflict, requiring the return of aliens who 

11 are nationals of that state (or to the part 

12 of the state) would pose a serious threat to 

13 their personal safety; 

14 ‘‘(ii) that— 

15 ‘‘(I) there has been an earth16 quake, flood, drought, epidemic, or 

17 other immediately life-threatening en18 vironmental disaster in the state re19 sulting in a substantial, but tem20 porary, disruption of living conditions 

21 in the area affected; 

22 ‘‘(II) the foreign state is unable, 

23 temporarily, to handle adequately the 

24 return to the state of aliens who are 

25 nationals of the state; and 


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1 ‘‘(III) the foreign state officially 

2 has requested designation under this 

3 subparagraph; or 

4 ‘‘(iii) that there exist extraordinary 

5 and temporary conditions in the foreign 

6 state that prevent aliens who are nationals 

7 of the state from returning to the state in 

8 safety and that permitting the aliens to re9 main temporarily in the United States is 

10 not contrary to the national interest of the 

11 United States. 

12 ‘‘(B) The Act shall include— 

13 ‘‘(i) an estimate of the number of na14 tionals of the foreign state who are (or 

15 within the effective period of the designa16 tion are likely to become) eligible for tem17 porary protected status under this section; 

18 ‘‘(ii) such nationals’ immigration sta19 tus in the United States; and 

20 ‘‘(iii) a time period for the effective21 ness of the designation that is not greater 

22 than 18 months. 

23 ‘‘(2) TERMINATION.— 

24 ‘‘(A) TIMELY TERMINATION.—If an initial 

25 designation of a foreign state is not extended 


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1 under paragraph (3), the initial designation 

2 shall terminate at the end of the time period 

3 described in paragraph (1)(B)(iii). 

4 ‘‘(B) EARLY TERMINATION.—For purposes 

5 of this section, the designation of a foreign 

6 state shall be terminated upon the enactment of 

7 an Act that contains a finding that the foreign 

8 state (or part of such foreign state) no longer 

9 meets the conditions for designation under 

10 paragraph (1)(A). 

11 ‘‘(3) EXTENSION.—For purposes of this sec12 tion, the time period for the effectiveness of the des13 ignation of a foreign state shall be extended upon 

14 the enactment of an Act that includes— 

15 ‘‘(A) a finding that the conditions for des16 ignation under paragraph (1)(A) continue to be 

17 met; and 

18 ‘‘(B) a time period for the effectiveness of 

19 the extension that is not greater than 12 

20 months.’’; and 

21 (2) in paragraph (5)(A), by striking ‘‘of the At22 torney General’’ and inserting ‘‘made in any Act’’. 

23 (b) ALIENS LACKING LAWFUL IMMIGRATION STA24 TUS.—Section 244(c)(2)(B) of the Immigration and Na25 tionality Act (8 U.S.C. 1254a(c)(2)(B)) is amended— 


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1 (1) in clause (i), by striking ‘‘, or’’ at the end 

2 and inserting a semicolon; 

3 (2) in clause (ii), by striking the period at the 

4 end and inserting ‘‘; or’’; and 

5 (3) by adding at the end the following: 

6 ‘‘(iii) the alien lacks a lawful immigra7 tion status.’’. 

8 (c) CONFORMING AMENDMENTS.—Section 244 of the 

9 Immigration and Nationality Act (8 U.S.C. 1254a et seq.) 

10 is amended— 

11 (1) in subsection (d)(3), by striking ‘‘If the At12 torney General terminates the designation of a for13 eign state (or part of such foreign state) under sub14 section (b)(3)(B)’’ and inserting ‘‘If the designation 

15 of a foreign state (or part of such foreign state) is 

16 terminated under section 244(b)(2)’’; and 

17 (2) in subsection (i)(1)— 

18 (A) in subparagraph (A), by striking the 

19 comma at the end and adding ‘‘; and’’; 

20 (B) in subparagraph (B), by striking ‘‘, 

21 and’’ at the end and inserting a period; and 

22 (C) by striking subparagraph (C). 

23 (d) TECHNICAL CORRECTIONS.—Section 244 of the 

24 Immigration and Nationality Act (8 U.S.C. 1254a), as 

25 amended by subsections (a) and (b) of this Act, is further 


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1 amended by striking ‘‘Attorney General’’ each place it ap2 pears and inserting ‘‘Secretary of Homeland Security’’. 

Æ 


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