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[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2668 Introduced in Senate (IS)]

106th CONGRESS
  2d Session
                                S. 2668

To amend the Immigration and Nationality Act to improve procedures for 
  the adjustment of status of aliens, to reduce the backlog of family-
               sponsored aliens, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 25, 2000

    Mr. Graham (for himself and Mr. Smith of Oregon) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL

 
To amend the Immigration and Nationality Act to improve procedures for 
  the adjustment of status of aliens, to reduce the backlog of family-
               sponsored aliens, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Family, Work and Immigrant 
Integration Amendments of 2000''.

              TITLE I--CENTRAL AMERICAN AND HAITIAN PARITY

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Central American and Haitian 
Parity Act of 2000''.

SEC. 102. ADJUSTMENT OF STATUS FOR CERTAIN NATIONALS FROM EL SALVADOR, 
              GUATEMALA, HONDURAS, AND HAITI.

    Section 202 of the Nicaraguan Adjustment and Central American 
Relief Act is amended--
            (1) in the section heading, by striking ``Nicaraguans and 
        Cubans'' and inserting ``Nicaraguans, Cubans, Salvadorans, 
        Guatemalans, Hondurans, and Haitians'';
            (2) in subsection (a)(1)(A), by striking ``2000'' and 
        inserting ``2003'';
            (3) in subsection (b)(1), by striking ``Nicaragua or Cuba'' 
        and inserting ``Nicaragua, Cuba, El Salvador, Guatemala, 
        Honduras, or Haiti''; and
            (4) in subsection (d)--
                    (A) in subparagraph (A), by striking ``Nicaragua or 
                Cuba'' and inserting ``Nicaragua, Cuba, El Salvador, 
                Guatamala, Honduras, or Haiti; and
                    (B) in subparagraph (E), by striking ``2000'' and 
                inserting ``2003''.

SEC. 103. APPLICATIONS PENDING UNDER AMENDMENTS MADE BY SECTION 203 OF 
              THE NICARAGUAN ADJUSTMENT AND CENTRAL AMERICAN RELIEF 
              ACT.

    An application for relief properly filed by a national of Guatemala 
or El Salvador under the amendments made by section 203 of the 
Nicaraguan Adjustment and Central American Relief Act which was filed 
on or before the date of enactment of this Act, and on which a final 
administrative determination has not been made, shall, at the election 
of the applicant, be considered to be an application for adjustment of 
status under the provisions of section 202 of the Nicaraguan Adjustment 
and Central American Relief Act, as amended by section 402 of this Act, 
upon the payment of any fees, and in accordance with procedures, that 
the Attorney General shall prescribe by regulation. The Attorney 
General may not refund any fees paid in connection with an application 
filed by a national of Guatemala or El Salvador under the amendments 
made by section 203 of that Act.

SEC. 104. APPLICATIONS PENDING UNDER THE HAITIAN REFUGEE IMMIGRATION 
              FAIRNESS ACT OF 1998.

    An application for adjustment of status properly filed by a 
national of Haiti under the Haitian Refugee Immigration Fairness Act of 
1998 which was filed on or before the date of enactment of this Act, 
and on which a final administrative determination has not been made, 
may be considered by the Attorney General, in the unreviewable 
discretion of the Attorney General, to also constitute an application 
for adjustment of status under the provisions of section 202 of the 
Nicaraguan Adjustment and Central American Relief Act, as amended by 
section 402 of this Act.

SEC. 105. TECHNICAL AMENDMENTS TO THE NICARAGUAN ADJUSTMENT AND CENTRAL 
              AMERICAN RELIEF ACT.

    (a) In General.--Section 202 of the Nicaraguan Adjustment and 
Central American Relief Act is amended--
            (1) in subsection (a)--
                    (A) by inserting before the period at the end of 
                paragraph (1)(B) the following: ``, and the Attorney 
                General may, in the unreviewable discretion of the 
                Attorney General, waive the grounds of inadmissibility 
                specified in section 212(a)(1) (A)(i) and (6)(C) of 
                such Act for humanitarian purposes, to assure family 
                unity, or when it is otherwise in the public 
                interest'';
                    (B) by redesignating paragraph (2) as paragraph 
                (3);
                    (C) by inserting after paragraph (1) the following:
            ``(2) Inapplicability of certain provisions.--In 
        determining the eligibility of an alien described in subsection 
        (b) or (d) for either adjustment of status under this section 
        or other relief necessary to establish eligibility for such 
        adjustment, the provisions of section 241(a)(5) of the 
        Immigration and Nationality Act shall not apply. In addition, 
        an alien who would otherwise be inadmissible pursuant to 
        section 212(a)(9) (A) or (C) of such Act may apply for the 
        Attorney General's consent to reapply for admission without 
        regard to the requirement that the consent be granted prior to 
        the date of the alien's reembarkation at a place outside the 
        United States or attempt to be admitted from foreign contiguous 
        territory, in order to qualify for the exception to those 
        grounds of inadmissibility set forth in section 212(a)(9) 
        (A)(iii) and (C)(ii) of such Act.''; and
                    (D) by amending paragraph (3) (as redesignated by 
                subparagraph (B)) to read as follows:
            ``(3) Relationship of application to certain orders.--An 
        alien present in the United States who has been ordered 
        excluded, deported, or removed, or ordered to depart 
        voluntarily from the United States under any provision of the 
        Immigration and Nationality Act may, notwithstanding such 
        order, apply for adjustment of status under paragraph (1). Such 
        an alien may not be required, as a condition of submitting or 
        granting such application, to file a separate motion to reopen, 
        reconsider, or vacate such order. Such an alien may be required 
        to seek a stay of such an order in accordance with subsection 
        (c) to prevent the execution of that order pending the 
        adjudication of the application for adjustment of status. If 
        the Attorney General denies a stay of a final order of 
        exclusion, deportation, or removal, or if the Attorney General 
        renders a final administrative determination to deny the 
        application for adjustment of status, the order shall be 
        effective and enforceable to the same extent as if the 
        application had not been made. If the Attorney General grants 
        the application for adjustment of status, the Attorney General 
        shall cancel the order.'';
            (2) in subsection (b)(1), by adding at the end the 
        following: ``Subsection (a) shall not apply to an alien 
        lawfully admitted for permanent residence, unless the alien is 
        applying for relief under that subsection in deportation or 
        removal proceedings.'';
            (3) in subsection (c)(1), by adding at the end the 
        following: ``Nothing in this Act requires the Attorney General 
        to stay the removal of an alien who is ineligible for 
        adjustment of status under this Act.'';
            (4) in subsection (d)--
                    (A) by amending the subsection heading to read as 
                follows: ``Spouses, Children, and Unmarried Sons and 
                Daughters.--'';
                    (B) by amending the heading of paragraph (1) to 
                read as follows: ``Adjustment of status.--'';
                    (C) by amending paragraph (1)(A) to read as 
                follows:
                    ``(A) the alien entered the United States on or 
                before the date of enactment of the Central American 
                and Haitian Parity Act of 1999;'';
                    (D) in paragraph (1)(B), by striking ``except that 
                in the case of'' and inserting the following: ``except 
                that--
                            ``(i) in the case of such a spouse, 
                        stepchild, or unmarried stepson or 
                        stepdaughter, the qualifying marriage was 
                        entered into before the date of enactment of 
                        the Central American and Haitian Parity Act of 
                        1999; and
                            ``(ii) in the case of''; and
                    (E) by adding at the end the following new 
                paragraph:
            ``(3) Eligibility of certain spouses and children for 
        issuance of immigrant visas.--
                    ``(A) In general.--In accordance with regulations 
                to be promulgated by the Attorney General and the 
                Secretary of State, upon approval of an application for 
                adjustment of status to that of an alien lawfully 
                admitted for permanent residence under subsection (a), 
                an alien who is the spouse or child of the alien being 
                granted such status may be issued a visa for admission 
                to the United States as an immigrant following to join 
                the principal applicant, if the spouse or child--
                            ``(i) meets the requirements in paragraphs 
                        (1) (B) and (1) (D); and
                            ``(ii) applies for such a visa within a 
                        time period to be established by such 
                        regulations.
                    ``(B) Retention of fees for processing 
                applications.--The Secretary of State may retain fees 
to recover the cost of immigrant visa application processing and 
issuance for certain spouses and children of aliens whose applications 
for adjustment of status under subsection (a) have been approved. Such 
fees--
                            ``(i) shall be deposited as an offsetting 
                        collection to any Department of State 
                        appropriation to recover the cost of such 
                        processing and issuance; and
                            ``(ii) shall be available until expended 
                        for the same purposes of such appropriation to 
                        support consular activities.'';
            (5) in subsection (g), by inserting ``, or an immigrant 
        classification,'' after ``for permanent residence''; and
            (6) by adding at the end the following new subsection:
    ``(i) Statutory Construction.--Nothing in this section authorizes 
any alien to apply for admission to, be admitted to, be paroled into, 
or otherwise lawfully return to the United States, to apply for, or to 
pursue an application for adjustment of status under this section 
without the express authorization of the Attorney General.''.
    (b) Effective Date.--The amendments made by paragraphs (1)(D), (2), 
and (6) shall be effective as if included in the enactment of the 
Nicaraguan and Central American Relief Act. The amendments made by 
paragraphs (1) (A)-(C), (3), (4), and (5) shall take effect on the date 
of enactment of this Act.

SEC. 106. TECHNICAL AMENDMENTS TO THE HAITIAN REFUGEE IMMIGRATION 
              FAIRNESS ACT OF 1998.

    (a) In General.--Section 902 of the Haitian Refugee Immigration 
Fairness Act of 1998 is amended--
            (1) in subsection (a)--
                    (A) by inserting before the period at the end of 
                paragraph (1)(B) the following: ``, and the Attorney 
                General may waive the grounds of inadmissibility 
                specified in section 212(a) (1)(A)(i) and (6)(C) of 
                such Act for humanitarian purposes, to assure family 
                unity, or when it is otherwise in the public 
                interest'';
                    (B) by redesignating paragraph (2) as paragraph 
                (3);
                    (C) by inserting after paragraph (1) the following:
            ``(2) Inapplicability of certain provisions.--In 
        determining the eligibility of an alien described in subsection 
        (b) or (d) for either adjustment of status under this section 
        or other relief necessary to establish eligibility for such 
        adjustment, or for permission to reapply for admission to the 
        United States for the purpose of adjustment of status under 
        this section, the provisions of section 241(a)(5) of the 
        Immigration and Nationality Act shall not apply. In addition, 
        an alien who would otherwise be inadmissible pursuant to 
        section 212(a)(9) (A) or (C) of such Act may apply for the 
        Attorney General's consent to reapply for admission without 
        regard to the requirement that the consent be granted prior to 
        the date of the alien's reembarkation at a place outside the 
        United States or attempt to be admitted from foreign contiguous 
        territory, in order to qualify for the exception to those 
        grounds of inadmissibility set forth in section 212(a)(9) 
        (A)(iii) and (C)(ii) of such Act.''; and
                    (D) by amending paragraph (3) (as redesignated by 
                subparagraph (B)) to read as follows:
            ``(3) Relationship of application to certain orders.--An 
        alien present in the United States who has been ordered 
        excluded, deported, removed, or ordered to depart voluntarily 
        from the United States under any provision of the Immigration 
        and Nationality Act may, notwithstanding such order, apply for 
        adjustment of status under paragraph (1). Such an alien may not 
        be required, as a condition of submitting or granting such 
        application, to file a separate motion to reopen, reconsider, 
        or vacate such order. Such an alien may be required to seek a 
        stay of such an order in accordance with subsection (c) to 
        prevent the execution of that order pending the adjudication of 
        the application for adjustment of status. If the Attorney 
        General denies a stay of a final order of exclusion, 
        deportation, or removal, or if the Attorney General renders a 
        final administrative determination to deny the application for 
        adjustment of status, the order shall be effective and 
        enforceable to the same extent as if the application had not 
        been made. If the Attorney General grants the application for 
        adjustment of status, the Attorney General shall cancel the 
        order.'';
            (2) in subsection (b)(1), by adding at the end the 
        following: ``Subsection (a) shall not apply to an alien 
        lawfully admitted for permanent residence, unless the alien is 
        applying for such relief under that subsection in deportation 
        or removal proceedings.'';
            (3) in subsection (c)(1), by adding at the end the 
        following: ``Nothing in this Act shall require the Attorney 
        General to stay the removal of an alien who is ineligible for 
        adjustment of status under this Act.'';
            (4) in subsection (d)--
                    (A) by amending the subsection heading to read as 
                follows: ``Spouses, Children, and Unmarried Sons and 
                Daughters.--'';
                    (B) by amending the heading of paragraph (1) to 
                read as follows: ``Adjustment of status.--'';
                    (C) by amending paragraph (1)(A), to read as 
                follows:
                    ``(A) the alien entered the United States on or 
                before the date of enactment of the Central American 
                and Haitian Parity Act of 1999;'';
                    (D) in paragraph (1)(B), by striking ``except that 
                in the case of'' and inserting the following: ``except 
                that--
                            ``(i) in the case of such a spouse, 
                        stepchild, or unmarried stepson or 
                        stepdaughter, the qualifying marriage was 
                        entered into before the date of enactment of 
                        the Central American and Haitian Parity Act of 
                        1999; and
                            ``(ii) in the case of'';
                    (E) by adding at the end of paragraph (1) the 
                following new subparagraph:
                    ``(E) the alien applies for such adjustment before 
                April 3, 2003.''; and
                    (F) by adding at the end the following new 
                paragraph:
            ``(3) Eligibility of certain spouses and children for 
        issuance of immigrant visas.--
                    ``(A) In general.--In accordance with regulations 
                to be promulgated by the Attorney General and the 
                Secretary of State, upon approval of an application for 
                adjustment of status to that of an alien lawfully 
                admitted for permanent residence under subsection (a), 
                an alien who is the spouse or child of the alien being 
                granted such status may be issued a visa for admission 
                to the United States as an immigrant following to join 
                the principal applicant, if the spouse or child--
                            ``(i) meets the requirements in paragraphs 
                        (1)(B) and (1)(D); and
                            ``(ii) applies for such a visa within a 
                        time period to be established by such 
                        regulations.
                    ``(B) Retention of fees for processing 
                applications.--The Secretary of State may retain fees 
                to recover the cost of immigrant visa application 
                processing and issuance for certain spouses and 
                children of aliens whose applications for adjustment of 
                status under subsection (a) have been approved. Such 
                fees--
                            ``(i) shall be deposited as an offsetting 
                        collection to any Department of State 
                        appropriation to recover the cost of such 
                        processing and issuance; and
                            ``(ii) shall be available until expended 
                        for the same purposes of such appropriation to 
                        support consular activities.'';
            (5) in subsection (g), by inserting ``, or an immigrant 
        classification,'' after ``for permanent residence'';
            (6) by redesignating subsections (i), (j), and (k) as 
        subsections (j), (k), and (l), respectively; and
            (7) by inserting after subsection (h) the following new 
        subsection:
    ``(i) Statutory Construction.--Nothing in this section authorizes 
any alien to apply for admission to, be admitted to, be paroled into, 
or otherwise lawfully return to the United States, to apply for, or to 
pursue an application for adjustment of status under this section 
without the express authorization of the Attorney General.''.
    (b) Effective Date.--The amendments made by paragraphs (1)(D), (2), 
and (6) shall be effective as if included in the enactment of the 
Haitian Refugee Immigration Fairness Act of 1998. The amendments made 
by paragraphs (1) (A)-(C), (3), (4), and (5) shall take effect on the 
date of enactment of this Act.

SEC. 107. MOTIONS TO REOPEN.

    (a) Nationals of Haiti.--Notwithstanding any time and number 
limitations imposed by law on motions to reopen, a national of Haiti 
who, on the date of enactment of this Act, has a final administrative 
denial of an application for adjustment of status under the Haitian 
Refugee Immigration Fairness Act of 1998, and is made eligible for 
adjustment of status under that Act by the amendments made by this 
title, may file one motion to reopen an exclusion, deportation, or 
removal proceeding to have the application reconsidered. Any such 
motion shall be filed within 180 days of the date of enactment of this 
Act. The scope of any proceeding reopened on this basis shall be 
limited to a determination of the alien's eligibility for adjustment of 
status under the Haitian Refugee Immigration Fairness Act of 1998.
    (b) Nationals of Cuba.--Notwithstanding any time and number 
limitations imposed by law on motions to reopen, a national of Cuba or 
Nicaragua who, on the date of enactment of the Act, has a final 
administrative denial of an application for adjustment of status under 
the Nicaraguan Adjustment and Central American Relief Act, and who is 
made eligible for adjustment of status under that Act by the amendments 
made by this title, may file one motion to reopen an exclusion, 
deportation, or removal proceeding to have the application 
reconsidered. Any such motion shall be filed within 180 days of the 
date of enactment of this Act. The scope of any proceeding reopened on 
this basis shall be limited to a determination of the alien's 
eligibility for adjustment of status under the Nicaraguan Adjustment 
and Central American Relief Act.

 TITLE II--FILING DEADLINES FOR ADJUSTMENT OF STATUS OF CERTAIN CUBAN, 
                   NICARAGUAN, AND HAITIAN NATIONALS

SEC. 201. EXTENSION OF FILING DEADLINES FOR APPLICATIONS FOR ADJUSTMENT 
              OF STATUS OF CERTAIN CUBAN, NICARAGUAN, AND HAITIAN 
              NATIONALS.

    (a) Nicaraguan Adjustment and Central American Relief Act.--
Notwithstanding the expiration of the application filing deadline in 
section 202(a)(1) of the Nicaraguan Adjustment and Central American 
Relief Act (as contained in Public Law 105-100; 8 U.S.C. 1255 note), a 
Cuban or Nicaraguan national who is otherwise eligible for adjustment 
of status under that section may apply for that status through the date 
that is one year after the date of promulgation by the Attorney General 
of final regulations for the implementation of that section.
    (b) Haitian Refugee Immigration Fairness Act.--Notwithstanding the 
expiration of the application filing deadline in section 902(a) of the 
Haitian Refugee Immigration Fairness Act of 1998 (as added by section 
101(h) of division A of Public Law 105-277), a Haitian national who is 
otherwise eligible for adjustment of status under that section may 
apply for that status through the date that is one year after the date 
of promulgation by the Attorney General of final regulations for the 
implementation of that section.

            TITLE III--LIBERIAN REFUGEE IMMIGRATION FAIRNESS

SEC. 301. SHORT TITLE.

    This title may be referred to as the ``Liberian Refugee Immigration 
Fairness Act of 2000''.

SEC. 302. ADJUSTMENT OF STATUS.

    (a) Adjustment of Status.--
            (1) In general.--
                    (A) Eligibility.--The Attorney General shall adjust 
                the status of an alien described in subsection (b) to 
                that of an alien lawfully admitted for permanent 
                residence, if the alien--
                            (i) applies for adjustment before April 1, 
                        2004; and
                            (ii) is otherwise eligible to receive an 
                        immigrant visa and is otherwise admissible to 
                        the United States for permanent residence, 
                        except that, in determining such admissibility, 
                        the grounds for inadmissibility specified in 
                        paragraphs (4), (5), (6)(A), and (7)(A) of 
                        section 212(a) of the Immigration and 
                        Nationality Act shall not apply.
                    (B) Ineligible aliens.--An alien shall not be 
                eligible for adjustment of status under this section if 
                the Attorney General finds that the alien has been 
                convicted of--
                            (i) any aggravated felony (as defined in 
                        section 101(a)(43) of the Immigration and 
                        Nationality Act (8 U.S.C. 1101(a)(43)); or
                            (ii) two or more crimes involving moral 
                        turpitude.
            (2) Relationship of application to certain orders.--An 
        alien present in the United States who has been ordered 
        excluded, deported, removed, or ordered to depart voluntarily 
        from the United States under any provision of the Immigration 
        and Nationality Act may, notwithstanding such order, apply for 
        adjustment of status under paragraph (1), if otherwise 
        qualified under that paragraph. Such an alien may not be 
        required, as a condition on submitting or granting such 
        application, to file a separate motion to reopen, reconsider, 
        or vacate such order. If the Attorney General grants the 
        application, the Attorney General shall cancel the order. If 
        the Attorney General makes a final decision to deny the 
        application, the order shall be effective and enforceable to 
        the same extent as if the application had not been made.
    (b) Aliens Eligible for Adjustment of Status.--
            (1) In general.--The benefits provided by subsection (a) 
        shall apply to any alien--
                    (A) who is--
                            (i) a national of Liberia; and
                            (ii) has been continuously present in the 
                        United States from January 1, 1999, through the 
                        date of application under subsection (a); or
                    (B) who is the spouse, child, or unmarried son or 
                daughter of an alien described in subparagraph (A).
            (2) Determination of continuous physical presence.--For 
        purposes of establishing the period of continuous physical 
        presence referred to in paragraph (1), an alien shall not be 
        considered to have failed to maintain continuous physical 
        presence by reasons of an absence, or absences, from the United 
        States for any period or periods amounting in the aggregate to 
        not more than 180 days.
    (c) Stay of Removal.--
            (1) In general.--The Attorney General shall provide by 
        regulation for an alien who is subject to a final order of 
        deportation or removal or exclusion to seek a stay of such 
        order based on the filing of an application under subsection 
        (a).
            (2) During certain proceedings.--Notwithstanding any 
        provision of the Immigration and Nationality Act, the Attorney 
        General shall not order an alien to be removed from the United 
        States if the alien is in exclusion, deportation, or removal 
        proceedings under any provision of such Act and has applied for 
        adjustment of status under subsection (a), except where the 
        Attorney General has made a final determination to deny the 
        application.
            (3) Work authorization.--The Attorney General may authorize 
        an alien who has applied for adjustment of status under 
        subsection (a) to engage in employment in the United States 
        during the pendency of such application and may provide the 
        alien with an ``employment authorized'' endorsement or other 
        appropriate document signifying authorization of employment, 
        except that, if such application is pending for a period 
        exceeding 180 days and has not been denied, the Attorney 
General shall authorize such employment.
    (d) Record of Permanent Residence.--Upon approval of an alien's 
application for adjustment of status under subsection (a), the Attorney 
General shall establish a record of the alien's admission for permanent 
record as of the date of the alien's arrival in the United States.
    (e) Availability of Administrative Review.--The Attorney General 
shall provide to applicants for adjustment of status under subsection 
(a) the same right to, and procedures for, administrative review as are 
provided to--
            (1) applicants for adjustment of status under section 245 
        of the Immigration and Nationality Act; or
            (2) aliens subject to removal proceedings under section 240 
        of such Act.
    (f) Limitation on Judicial Review.--A determination by the Attorney 
General as to whether the status of any alien should be adjusted under 
this section is final and shall not be subject to review by any court.
    (g) No Offset in Number of Visas Available.--Whenever an alien is 
granted the status of having been lawfully admitted for permanent 
residence pursuant to this section, the Secretary of State shall not be 
required to reduce the number of immigrant visas authorized to be 
issued under any provision of the Immigration and Nationality Act.
    (h) Application of Immigration and Nationality Act Provisions.--
Except as otherwise specifically provided in this title, the 
definitions contained in the Immigration and Nationality Act shall 
apply in the administration of this section. Nothing contained in this 
title shall be held to repeal, amend, alter, modify, effect, or 
restrict the powers, duties, function, or authority of the Attorney 
General in the administration and enforcement of such Act or any other 
law relating to immigration, nationality, or naturalization. The fact 
that an alien may be eligible to be granted the status of having been 
lawfully admitted for permanent residence under this section shall not 
preclude the alien from seeking such status under any other provision 
of law for which the alien may be eligible.

    TITLE IV--INCREASED FLEXIBILITY IN EMPLOYMENT-BASED IMMIGRATION

SEC. 401. LIMITATION ON PER COUNTRY CEILING WITH RESPECT TO EMPLOYMENT-
              BASED IMMIGRANTS.

    (a) Special Rules.--Section 202(a) of the Immigration and 
Nationality Act (8 U.S.C. 1152(a)) is amended by adding at the end the 
following new paragraph:
            ``(5) Rules for employment-based immigrants.--
                    ``(A) Employment-based immigrants not subject to 
                per country limitation if additional visas available.--
                If the total number of visas available under paragraph 
                (1), (2), (3), (4), or (5) of section 203(b) for a 
                calendar quarter exceeds the number of qualified 
                immigrants who may otherwise be issued such visas, the 
                visas made available under that paragraph shall be 
                issued without regard to the numerical limitation under 
                paragraph (2) of this subsection during the remainder 
                of the calendar quarter.
                    ``(B) Limiting fall across for certain countries 
                subject to subsection (e).--In the case of a foreign 
                state or dependent area to which subsection (e) 
                applies, if the total number of visas issued under 
                section 203(b) exceeds the maximum number of visas that 
                may be made available to immigrants of the state or 
                area under section 203(b) consistent with subsection 
                (e) (determined without regard to this paragraph), in 
                applying subsection (e) all visas shall be deemed to 
                have been required for the classes of aliens specified 
                in section 203(b).''.
    (b) Conforming Amendments.--
            (1) Section 202(a)(2) of the Immigration and Nationality 
        Act (8 U.S.C. 1152(a)(2)) is amended by striking ``paragraphs 
        (3) and (4)'' and inserting ``paragraphs (3), (4), and (5)''.
            (2) Section 202(e)(3) of the Immigration and Nationality 
        Act (8 U.S.C. 1152(e)(3)) is amended by striking ``the 
        proportion of the visa numbers'' and inserting ``except as 
        provided in subsection (a)(5), the proportion of the visa 
        numbers''.
    (c) One-Time Protection Under Per Country Ceiling.--Notwithstanding 
section 214(g)(4) of the Immigration and Nationality Act, any alien 
who--
            (1) is the beneficiary of a petition filed under section 
        204(a) for a preference status under paragraph (1), (2), or (3) 
        of section 203(b); and
            (2) is eligible to be granted that status but for 
        application of the per country limitations applicable to 
        immigrants under those paragraphs,
may apply for, and the Attorney General may grant, an extension of such 
nonimmigrant status until the alien's application for adjustment of 
status has been processed and a decision made thereon.

SEC. 402. INCREASED PORTABILITY OF H-1B STATUS.

    (a) In General.--Section 214 of the Immigration and Nationality Act 
(8 U.S.C. 1184) is amended by adding at the end the following new 
subsection:
    ``(m)(1) A nonimmigrant alien described in paragraph (2) who was 
previously issued a visa or otherwise provided nonimmigrant status 
under section 101(a)(15)(H)(i)(b) is authorized to accept new 
employment upon the filing by the prospective employer of a new 
petition on behalf of such nonimmigrant as provided under subsection 
(a). Employment authorization shall continue for such alien until the 
new petition is adjudicated. If the new petition is denied, such 
authorization shall cease.
    ``(2) A nonimmigrant alien described in this paragraph is a 
nonimmigrant alien--
            ``(A) who has been lawfully admitted into the United 
        States;
            ``(B) on whose behalf an employer has filed a nonfrivolous 
        petition for new employment before the date of expiration of 
        the period of stay authorized by the Attorney General; and
            ``(C) who, subsequent to such lawful admission, has not 
        been employed without authorization in the United States before 
        the filing of such petition.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to petitions filed before, on, or after the date of enactment of 
this Act.

SEC. 403. SPECIAL PROVISIONS IN CASES OF LENGTHY ADJUDICATIONS.

    (a) Exemption From Limitation.--The limitation contained in section 
214(g)(4) of the Immigration and Nationality Act with respect to the 
duration of authorized stay shall not apply to any nonimmigrant alien 
previously issued a visa or otherwise provided nonimmigrant status 
under section 101(a)(15)(H)(i)(b) of the Immigration and Nationality 
Act on whose behalf a petition under section 204(b) to accord the alien 
immigrant status under section 203(b), or an application for adjustment 
of status under section 245 to accord the alien status under section 
203(b), has been filed, if 365 days or more have elapsed since--
            (1) the filing of a labor certification application on the 
        alien's behalf (if such certification is required for the alien 
        to obtain status under section 203(b)); or
            (2) the filing of the petition under section 204(b).
    (b) Extension of H1-B Worker Status.--The Attorney General shall 
extend the stay of an alien who qualifies for an exemption under 
subsection (a) in one-year increments until such time as a final 
decision is made on the alien's lawful permanent residence.
    (c) Increased Job Flexibility for Long Delayed Applicants for 
Adjustment of Status.--
            (1) Section 204 of the Immigration and Nationality Act (8 
        U.S.C. 1154) is amended by adding at the end the following new 
        subsection:
    ``(j) Job Flexibility for Long Delayed Applicants for Adjustment of 
Status to Permanent Residence.--A petition under subsection (a)(1)(D) 
for an individual whose application for adjustment of status pursuant 
to section 245 has been filed and remained unadjudicated for 180 days 
or more shall remain valid with respect to a new job if the individual 
changes jobs or employers if the new job is in the same or a similar 
occupational classification as the job for which the petition was 
filed.''.
            (2) Section 212(a)(5)(A) of the Immigration and Nationality 
        Act (8 U.S.C. 1182(a)(5)(A)) is amended by adding at the end 
        the following new clause:
                            ``(iv) Long delayed adjustment 
                        applicants.--A certification made under clause 
                        (i) with respect to an individual whose 
                        petition is covered by section 204(j) shall 
                        remain valid with respect to a new job accepted 
                        by the individual after the individual changes 
                        jobs or employers if the new job is in the same 
                        or a similar occupational classification as the 
                        job for which the certification was issued.''.
    (d) Recapture of Unused Employment-Based Immigrant Visas.--
            (1) In general.--Notwithstanding any other provision of 
        law, the number of employment-based visas (as defined in 
        paragraph (3)) made available for a fiscal year (beginning with 
        fiscal year 2001) shall be increased by the number described in 
        paragraph (2). Visas made available under this subsection shall 
        only be available in a fiscal year to employment-based 
        immigrants under paragraph (1), (2), or (3) of section 203(b) 
        of the Immigration and Nationality Act.
            (2) Number available.--
                    (A) In general.--Subject to subparagraph (B), the 
                number described in this paragraph is the difference 
                between the number of employment-based visas that were 
                made available in fiscal year 1999 and 2000 and the 
                number of such visas that were actually used in such 
                fiscal years.
                    (B) Reduction.--The number described in 
                subparagraph (A) shall be reduced, for each fiscal year 
                after fiscal year 2001, by the cumulative number of 
                immigrant visas made available under paragraph (1) for 
                previous fiscal years.
                    (C) Construction.--Nothing in this paragraph shall 
                be construed as affecting the application of section 
                201(c)(3)(C) of the Immigration and Nationality Act (8 
                U.S.C. 1151(c)(3)(C)).
            (3) Employment-based visas defined.--For purposes of this 
        subsection, the term ``employment-based visa'' means an 
        immigrant visa which is issued pursuant to the numerical 
        limitation under section 203(b) of the Immigration and 
        Nationality Act (8 U.S.C. 1153(b)).

                 TITLE V--RESTORATION OF SECTION 245(i)

SEC. 501. REMOVAL OF CERTAIN LIMITATIONS ON ELIGIBILITY FOR ADJUSTMENT 
              OF STATUS UNDER SECTION 245(I).

    (a) In General.--Section 245(i)(1) of the Immigration and 
Nationality Act (8 U.S.C. 1255(i)(1)) is amended by striking ``(i)(1)'' 
through ``The Attorney General'' and inserting the following:
    ``(i)(1) Notwithstanding the provisions of subsections (a) and (c) 
of this section, an alien physically present in the United States who--
            ``(A) entered the United States without inspection; or
            ``(B) is within one of the classes enumerated in subsection 
        (c) of this section;
may apply to the Attorney General for the adjustment of his or her 
status to that of an alien lawfully admitted for permanent residence. 
The Attorney General''.
    (b) Effective Date.--The amendment made by subsection (a) shall be 
effective as if included in the enactment of the Departments of 
Commerce, Justice, and State, the Judiciary, and Related Agencies 
Appropriations Act, 1998 (Public Law 105-119; 111 Stat. 2440).

                        TITLE VI--REGISTRY DATES

SEC. 601. SHORT TITLE.

    This title may be cited as the ``Date of Registry Act of 2000''.

SEC. 602. RECORD OF ADMISSION FOR PERMANENT RESIDENCE IN THE CASE OF 
              CERTAIN ALIENS.

    (a) In General.--Section 249 of the Immigration and Nationality Act 
(8 U.S.C. 1259) is amended--
            (1) in subsection (a), by striking ``January 1, 1972'' and 
        inserting ``January 1, 1986''; and
            (2) by striking ``january 1, 1972'' in the heading and 
        inserting ``january 1, 1986''.
    (b) Effective Dates.--
            (1) General rule.--The amendments made by subsection (a) 
        shall take effect on the date of enactment of this Act.
            (2) Extension of date of registry.--
                    (A) Period beginning january 1, 2002.--Beginning on 
                January 1, 2002, section 249 of the Immigration and 
                Nationality Act (8 U.S.C. 1259) is amended by striking 
                ``January 1, 1986'' each place it appears and inserting 
                ``January 1, 1987''.
                    (B) Period beginning january 1, 2003.--Beginning on 
                January 1, 2003, section 249 of such Act is amended by 
                striking ``January 1, 1987'' each place it appears and 
                inserting ``January 1, 1988''.
                    (C) Period beginning january 1, 2004.--Beginning on 
                January 1, 2004, section 249 of such Act is amended by 
                striking ``January 1, 1988'' each place it appears and 
                inserting ``January 1, 1989''.
                    (D) Period beginning january 1, 2005.--Beginning on 
                January 1, 2005, section 249 of such Act is amended by 
                striking ``January 1, 1989'' each place it appears and 
                inserting ``January 1, 1990''.
                    (E) Period beginning january 1, 2006.--Beginning on 
                January 1, 2006, section 249 of such Act is amended by 
                striking ``January 1, 1990'' each place it appears and 
                inserting ``January 1, 1991''.

      TITLE VII--BACKLOG REDUCTION FOR FAMILY-SPONSORED IMMIGRANTS

SEC. 701. FAMILY BACKLOG REDUCTION.

    (a) Worldwide Level of Family-Sponsored Immigrants.--
Notwithstanding section 201(a)(1) of the Immigration and Nationality 
Act, the number of aliens who may be issued immigrant visas or who may 
otherwise acquire the status of an alien lawfully admitted for 
permanent residence as a family-sponsored immigrant described in 
section 203(a) of such Act (or who are admitted under section 211(a) of 
such Act on the basis of a prior issuance of a visa to their 
accompanying parent under such section 203(a)) in any fiscal year is 
limited to--
            (1) the number provided for in section 201(a)(1) of such 
        Act, plus
            (2) 200,000 for fiscal year 2001 and each fiscal year 
        thereafter.
    (b) Per Country Levels for Family-Sponsored Immigrants.--(1) 
Notwithstanding section 202(a)(2) of the Immigration and Nationality 
Act, the total number of immigrant visas made available to natives of 
any single foreign state or dependent area under subsections (a) and 
(b) of section 203 of that Act in any fiscal year may not exceed the 
sum of--
            (A) the number specified in section 202(a)(2) of that Act, 
        plus
            (B) the number computed under paragraph (2).
    (2) The number computed under this paragraph is--
            (A) 33 percent of the number computed under section 
        202(a)(2) of that Act for each of fiscal years 2001, 2002, 
        2003, 2004, and 2005, or
            (B) 25 percent of the number computed under section 
        202(a)(2) for each fiscal year thereafter.
    (c) Authorization of Appropriations.--(1) There are authorized to 
be appropriated to the Department of Justice and the Department of 
State such sums as may be necessary to provide for the additional visa 
issuances and admissions authorized under subsection (a).
    (2) There are authorized to be appropriated to the Department of 
Justice such sums as may be necessary to process backlog adjudications 
of the Immigration and Naturalization Service.

                 TITLE VIII--ALIEN CHILDREN PROTECTION

SEC. 801. SHORT TITLE.

    This Act may be cited as the ``Alien Children Protection Act of 
2000''.

SEC. 802. USE OF APPROPRIATE FACILITIES FOR THE DETENTION OF ALIEN 
              CHILDREN.

    (a) In General.--Except as provided in subsection (b), in the case 
of any alien under 18 years of age who is awaiting final adjudication 
of the alien's immigration status and who does not have a parent, 
guardian, or relative in the United States into whose custody the alien 
may be released, the Attorney General shall place such alien in a 
facility appropriate for children not later than 72 hours after the 
Attorney General has taken custody of the alien.
    (b) Exception.--The provisions of subsection (a) do not apply to 
any alien under 18 years of age who the Attorney General finds has 
engaged in delinquent behavior, is an escape risk, or has a security 
need greater than that provided in a facility appropriate for children.
    (c) Definition.--In this section, the term ``facility appropriate 
for children'' means a facility, such as foster care or group homes, 
operated by a private nonprofit organization, or by a local 
governmental entity, with experience and expertise in providing for the 
legal, psychological, educational, physical, social, nutritional, and 
health requirements of children. The term ``facility appropriate for 
children'' does not include any facility used primarily to house adults 
or delinquent minors.

SEC. 803. ADJUSTMENT TO PERMANENT RESIDENT STATUS.

    Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) 
is amended by adding at the end the following:
    ``(l)(1) The Attorney General may, in the Attorney General's 
discretion, adjust the status of an alien under 18 years of age who has 
no lawful immigration status in the United States to that of an alien 
lawfully admitted for permanent residence if--
            ``(A)(i) the alien (or a parent or legal guardian acting on 
        the alien's behalf) has applied for the status; and
            ``(ii) the alien has resided in the United States for a 
        period of 5 consecutive years; or
            ``(B)(i) no parent or legal guardian requests the alien's 
        return to the country of the parent's or guardian's domicile, 
        or with respect to whom the Attorney General finds that 
        returning the child to his or her country of origin would 
        subject the child to mental or physical abuse; and
            ``(ii) the Attorney General determines that it is in the 
        best interests of the alien to remain in the United States 
        notwithstanding the fact that the alien is not eligible for 
        asylum protection under section 208 or protection under section 
        101(a)(27)(J).
    ``(2) The Attorney General shall make a determination under 
paragraph (1)(B)(ii) based on input from a person or entity that is not 
employed by or a part of the Service and that is qualified to evaluate 
children and opine as to what is in their best interest in a given 
situation.
    ``(3) Upon the approval of adjustment of status of an alien under 
paragraph (1), the Attorney General shall record the alien's lawful 
admission for permanent residence as of the date of such approval, and 
the Secretary of State shall reduce by one the number of visas 
authorized to be issued under sections 201(d) and 203(b)(4) for the 
fiscal year then current.
    ``(4) Not more than 500 aliens may be granted permanent resident 
status under this subsection in any fiscal year.''.

SEC. 804. ASSIGNMENT OF GUARDIANS AD LITEM TO ALIEN CHILDREN.

    (a) Assignment.--Whenever a covered alien is a party to an 
immigration proceeding, the Attorney General shall assign such covered 
alien a child welfare professional or other individual who has received 
training in child welfare matters and who is recognized by the Attorney 
General as being qualified to serve as a guardian ad litem (in this 
section referred to as the ``guardian''). The guardian shall not be an 
employee of the Immigration and Naturalization Service.
    (b) Responsibilities.--The guardian shall ensure that--
            (1) the covered alien's best interests are promoted while 
        the covered alien participates in, or is subject to, the 
        immigration proceeding; and
            (2) the covered alien understands the proceeding.
    (c) Requirements on the Attorney General.--The Attorney General 
shall serve notice of all matters affecting a covered alien's 
immigration status (including all papers filed in an immigration 
proceeding) on the covered alien's guardian.
    (d) Definition.--In this section, the term ``covered alien'' means 
an alien--
            (1) who is under 18 years of age;
            (2) who has no lawful immigration status in the United 
        States and is not within the physical custody of a parent or 
        legal guardian; and
            (3) whom no parent or legal guardian requests the person's 
        return to the country of the parent's or guardian's domicile or 
        with respect to whom the Attorney General finds that returning 
        the child to his or her country of origin would subject the 
child to physical or mental abuse.

SEC. 805. SENSE OF CONGRESS.

    Congress commends the Immigration and Naturalization Service for 
its issuance of its ``Guidelines for Children's Asylum Claims'', dated 
December 1998, and encourages and supports the Service's implementation 
of such guidelines in an effort to facilitate the handling of 
children's asylum claims.

SEC. 806. GENERAL ACCOUNTING OFFICE REPORT.

    The Comptroller General of the United States shall prepare a report 
to Congress regarding whether and to what extent United States Embassy 
and consular officials are fulfilling their obligation to reunify, on a 
priority basis, children in foreign countries whose parent or parents 
are legally present in the United States.

                     TITLE IX--BENEFITS RESTORATION

SEC. 901. SHORT TITLE.

    This title may be cited as the ``Immigrant Children's Health 
Improvement Act of 2000''.

SEC. 902. OPTIONAL ELIGIBILITY OF CERTAIN ALIEN PREGNANT WOMEN AND 
              CHILDREN FOR MEDICAID.

    (a) In General.--Subtitle A of title IV of the Personal 
Responsibility and Work Opportunity Reconciliation Act of 1996 (8 
U.S.C. 1611-1614) is amended by adding at the end the following:

``SEC. 405. OPTIONAL ELIGIBILITY OF CERTAIN ALIENS FOR MEDICAID.

    ``(a) Optional Medicaid Eligibility for Certain Aliens.--A State 
may elect to waive (through an amendment to its State plan under title 
XIX of the Social Security Act) the application of sections 401(a), 
402(b), 403, and 421 with respect to eligibility for medical assistance 
under the program defined in section 402(b)(3)(C) (relating to the 
medicaid program) of aliens who are lawfully residing in the United 
States (including battered aliens described in section 431(c)), within 
any or all (or any combination) of the following categories of 
individuals:
            ``(1) Pregnant women.--Women during pregnancy (and during 
        the 60-day period beginning on the last day of the pregnancy).
            ``(2) Children.--Children (as defined under such plan), 
        including optional targeted low-income children described in 
        section 1905(u)(2)(B).''.
    (b) Applicability of Affidavits of Support.--Section 213A(a) of the 
Immigration and Nationality Act (8 U.S.C. 1183a(a)) is amended by 
adding at the end the following:
            ``(4) Inapplicability to benefits provided under a state 
        waiver.--For purposes of this section, the term `means-tested 
        public benefits' does not include benefits provided pursuant to 
        a State election and waiver described in section 405 of the 
        Personal Responsibility and Work Opportunity Reconciliation Act 
        of 1996.''.
    (c) Conforming Amendments.--
            (1) Section 401(a) of the Personal Responsibility and Work 
        Opportunity Reconciliation Act of 1996 (8 U.S.C. 1611(a)) is 
        amended by inserting ``and section 405'' after ``subsection 
        (b)''.
            (2) Section 402(b)(1) of the Personal Responsibility and 
        Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 
        1612(b)(1)) is amended by inserting ``, section 405,'' after 
        ``403''.
            (3) Section 403(a) of such Act (8 U.S.C. 1613(a)) is 
        amended by inserting ``section 405 and'' after ``provided in''.
            (4) Section 421(a) of such Act (8 U.S.C. 1631(a)) is 
        amended by inserting ``except as provided in section 405,'' 
        after ``Notwithstanding any other provision of law,''.
            (5) Section 1903(v)(1) of the Social Security Act (42 
        U.S.C. 1396b(v)(1)) is amended by inserting ``and except as 
        permitted under a waiver described in section 405(a) of the 
        Personal Responsibility and Work Opportunity Reconciliation Act 
        of 1996,'' after ``paragraph (2),''.
    (d) Effective Date.--The amendments made by this section take 
effect on October 1, 1999.

SEC. 903. OPTIONAL ELIGIBILITY OF IMMIGRANT CHILDREN FOR SCHIP.

    (a) In General.--Section 405 of the Personal Responsibility and 
Work Opportunity Reconciliation Act of 1996, as added by section 
102(a), is further amended--
            (1) in the heading, by inserting ``and schip'' before the 
        period; and under that section may apply for that status 
        through the date that is one year after the date of 
        promulgation by the Attorney General of final regulations for 
        the implementation of that section.

  TITLE X--ADMISSION OF SPOUSES AND CHILDREN OF CERTAIN NONIMMIGRANTS

SEC. 1001. ADMISSION OF CERTAIN ``B'' AND ``F'' VISA NONIMMIGRANTS WHO 
              ARE SPOUSES OR CHILDREN OF UNITED STATES PERMANENT 
              RESIDENT ALIENS.

    Section 212 of the Immigration and Nationality Act (8 U.S.C. 1182) 
is amended by adding at the end thereof the following new subsection:
    ``(r)(1) Notwithstanding any other provision of law, no alien--
            ``(A) who is--
                    ``(i) the spouse or child of an alien lawfully 
                admitted for permanent residence to the United States; 
                and
                    ``(ii) not eligible to enter the United States as 
                an immigrant except by reason of being such a spouse or 
                child; and
            ``(B) who seeks admission to the United States for purposes 
        of visiting the permanent resident spouse or parent or for 
        studying in the United States; and
            ``(C) who is otherwise qualified;
may be denied issuance of a visa, or may be denied admission to the 
United States, as a nonimmigrant alien described in section 
101(a)(15)(B) who is coming to the United States temporarily for 
pleasure or as a nonimmigrant alien described in section 101(a)(15)(F).
    ``(2) Whenever an alien described in paragraph (1) seeks admission 
to the United States as a nonimmigrant alien described in section 
101(a)(15)(B) who is coming temporarily for pleasure or as a 
nonimmigrant alien described in section 101(a)(15)(F), the fact that a 
petition has been filed on the alien's behalf for classification of the 
alien as an alien lawfully admitted for permanent residence shall not 
constitute evidence of the alien's intention to abandon his or her 
foreign residence.''.
                                 <all>
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