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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2483 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 2483

  To amend the Immigration and Nationality Act to make changes in the 
             laws relating to nonimmigrants and immigrants.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 22, 1993

 Mr. Mazzoli (for himself, Mr. Schumer, and Mr. Nadler) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
  To amend the Immigration and Nationality Act to make changes in the 
             laws relating to nonimmigrants and immigrants.

    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 ``Immigration Amendments of 1993''.

SEC. 2. ELIMINATION OF SUNSET FOR CERTAIN G-4 SPECIAL IMMIGRANT 
              PROVISIONS.

    (a) In General.--Section 101(a)(27)(I)(iii)(II) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(27)(I)(iii)(II)) is amended by 
striking ``before January 1, 1993, and''.
    (b) Conforming Amendments.--Section 101(a)(27)(I) of such Act is 
further amended by striking ``or six months after the date of the 
enactment of the Immigration Technical Corrections Act of 1988, 
whichever is later'' each place it appears.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act.

SEC. 3. SPECIAL IMMIGRANT STATUS AND NONIMMIGRANT STATUS FOR CERTAIN 
              USIA EMPLOYEES.

    (a) Special Immigrant Status.--
            (1) In general.--Section 101(a)(27) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(27)) is amended--
                    (A) by striking ``or'' at the end of subparagraph 
                (J),
                    (B) by striking the period at the end of 
                subparagraph (K) and inserting ``; or'', and
                    (C) by adding at the end the following new 
                subparagraph:
            ``(L)(i) an immigrant who the Director of the United States 
        Information Agency certifies to the Attorney General (I) 
        possesses foreign language skills essential to the Agency's 
        broadcasting activities, and (II) is employed, and has been 
        employed for 1 year, by the Agency in the United States in a 
        capacity requiring the utilization of such skills, and (ii) the 
        spouse or child of such an immigrant if accompanying or 
        following to join the immigrant.''.
            (2) Numerical limitation for special immigrant status.--
        Section 203(b)(4) of the Immigration and Nationality Act (8 
        U.S.C. 1153(b)(4)) is amended by inserting before the period at 
        the end the following: ``and of which not more than 150 shall 
        be available in fiscal year 1994, and not more than 50 shall be 
        available in any subsequent fiscal year, to special immigrants 
        described in section 101(a)(27)(L)(i)''.
            (3) Petitioning process for special immigrant status.--
        Section 204(a)(1)(E) of the Immigration and Nationality Act is 
        amended--
                    (A) in clause (i), by inserting ``or 
                101(a)(27)(L)'' after ``101(a)(27)(D)'', and
                    (B) by adding at the end the following new clause:
    ``(iii) In the case of an alien seeking classification as a special 
immigrant described in section 101(a)(27)(L), the Attorney General 
shall approve such a classification upon receipt of a certification 
described in such section issued by the Director of the United States 
Information Agency if the alien is otherwise admissible.''.
            (4) One-time waiver of foreign residence requirement for 
        current employees seeking adjustment to special immigrant 
        status.--Section 212(e) of the Immigration and Nationality Act 
        shall not apply with respect to the adjustment of status (under 
        section 245 of such Act) of an alien if--
                    (A) on or before the date of the enactment of this 
                Act and at the time of filing the application for 
                adjustment of status, the alien has the status of a 
                nonimmigrant described in section 101(a)(15)(J) of such 
                Act, and
                    (B) the alien qualifies as a special immigrant 
                under section 101(a)(27)(L)(i) of such Act.
            (5) USIA basic authorities.--Section 804(1) of the United 
        States Information and Educational Exchange Act of 1948 (22 
        U.S.C. 1474(1)) is amended by inserting ``or as special 
        immigrants under section 101(a)(27)(L) of that Act (8 U.S.C. 
        1101(a)(27)(L))'' after ``(8 U.S.C. 1101(a)(15))''.
    (b) Nonimmigrant Status.--
            (1) In general.--Section 101(a)(15) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(15)) is amended--
                    (A) by striking ``or'' at the end of subparagraph 
                (Q);
                    (B) by striking the period at the end of 
                subparagraph (R) and inserting ``; or''; and
                    (C) by adding at the end the following new 
                subparagraph:
            ``(S) an alien who--
                    ``(i) is coming to the United States to be employed 
                by the United States Information Agency if the Director 
                of the Agency certifies to the Attorney General that 
                (I) the alien possesses foreign language skills 
                essential to the Agency's broadcasting activities, and 
                (II) the Agency is unable to find equally qualified 
                workers in the United States who are authorized to 
                engage in such employment, or
                    ``(ii) is the spouse or child of an alien described 
                in clause (i) and is accompanying or following to join 
                the alien.''.
            (2) Conditions and limitations.--Section 214 of such Act (8 
        U.S.C. 1184) is amended by adding at the end the following new 
        subsection:
    ``(j)(1) The number of aliens who may be admitted as (or otherwise 
be provided the status of) a nonimmigrant under section 
101(a)(15)(S)(i) in any fiscal year may not exceed 50. No alien who may 
be admitted as such a nonimmigrant under such section but for such 
numerical limitation may be admitted (or otherwise provided the status 
of) a nonimmigrant under section 101(a)(15)(J).
    ``(2) The period of authorized status as a nonimmigrant under 
section 101(a)(15)(S) shall not exceed 5 years.
    ``(3) Nonimmigrants described in section 101(a)(15)(S)(ii) shall be 
granted authorization to engage in employment in the United States and 
be provided an `employment authorized' endorsement or other appropriate 
work permit.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on October 1, 1993.

SEC. 4. FOREIGN ADOPTED CHILDREN.

    (a) Expansion in Classification of Children.--
            (1) In general.--Section 101(b)(1)(F) of the Immigration 
        and Nationality Act (8 U.S.C. 1101(b)(1)(F)) is amended--
                    (A) by striking ``who is an orphan'' and all that 
                follows through ``emigration and adoption'' and 
                inserting ``(i) who is an orphan because of the death 
                or disappearance of both parents, (ii) who has been 
                abandoned by both parents or by the surviving parent, 
                or (iii) for whom both parents have (or the surviving 
                parent has) in writing irrevocably released (whether to 
                a public agency or directly to a prospective adoptive 
                parent) the child for emigration and adoption'', and
                    (B) by striking ``abroad''.
            (2) Adoption of children from certified foreign states.--
        Section 204 of such Act (8 U.S.C. 1154) is amended by adding at 
        the end the following:
    ``(h)(1) In the case of an alien who has been made eligible for 
emigration and adoption under the laws of a foreign state certified 
under paragraph (2), the alien shall be deemed to be described in 
clause (i), (ii), or (iii) of section 101(b)(1)(F).
    ``(2)(A) A foreign state is considered to be certified for purposes 
of paragraph (1) if the Secretary of State, in consultation with the 
Attorney General, determines that the foreign state meets the standards 
specified in paragraph (3) with respect to the adoption of a child for 
placement abroad.
    ``(B) The Secretary of State shall revoke the certification of a 
foreign state previously made under subparagraph (A) if the Secretary 
determines that the state no longer meets the standards specified in 
paragraph (3).
    ``(C) The Secretary of State, in consultation with the Attorney 
General, shall review and determine, by not later than 1 year after the 
date of the enactment of this subsection and at least every 2 years 
thereafter, whether each of at least the 10 principal foreign states 
(from which children described in section 101(b)(1)(F) are being 
adopted) meets the standards specified in paragraph (3).
    ``(3) The standards specified in this paragraph for a foreign 
state, with respect to the adoption of a child for placement abroad, 
are that the foreign state provides for the following:
            ``(A) The adoption of a child for placement abroad is not 
        permitted except under the circumstances described in any of 
        clauses (i) through (iii) of section 101(b)(1)(F) and the 
        foreign state makes it a crime to kidnap or sell a child.
            ``(B) The foreign state has reliable means of ascertaining 
        a child's identity and the identity of the child's parents.
            ``(C) In the case of a child alleged to be an orphan 
        because of the death or disappearance of both parents or 
        alleged to have been abandoned by both parents or by the 
        surviving parent, the foreign state makes reasonable efforts to 
        identify the child's parents and to determine whether such 
        parents are alive and their whereabouts.
            ``(D) If the child is not an orphan because of the death or 
        disappearance of both parents and has not been abandoned by 
        both parents or by the surviving parent, biological (and any 
        prior adoptive) parents are provided (i) notice of the adoption 
        proceedings, (ii) an opportunity to contest the adoption, (iii) 
        notice of the permanent and irrevocable nature of the adoption, 
        and (iv) notice that upon the adoption any derivative 
        immigration rights that the parents may have had through the 
        child will be extinguished.
    ``(4) The Secretary of State shall cause to be published in the 
Federal Register--
            ``(A) periodically a list of foreign states certified under 
        paragraph (2), and
            ``(B) notice of any revocation effected under paragraph 
        (2)(B).''.
            (3) Increase in maximum age for adoption.--
                    (A) In general.--Section 101(b)(1) of such Act (8 
                U.S.C. 1101(b)(1)) is amended by striking ``sixteen'' 
                in subparagraphs (E) and (F) and inserting 
                ``eighteen''.
                    (B) Conforming amendment.--Section 341(c)(2)(B) of 
                such Act (8 U.S.C. 1452(c)(2)(B)) is amended by 
                striking ``16 years'' and inserting ``18 years''.
    (b) Criminal Penalty for Buying Children.--
            (1) In general.--Title 18 of the United States Code is 
        amended by inserting after chapter 7 the following new chapter:

                       ``CHAPTER 8--CHILD BUYING

``Sec.
``131. Buying of children.
``Sec. 131. Buying of children
    ``Whoever is a citizen or national of the United States and 
purchases for anything of value the custody or control of a person 
who--
            ``(1) is under the age of 18 years; and
            ``(2) is an alien;
with the intent to establish lawful permanent residency for such alien, 
or attempts to do so, shall be fined under this title or imprisoned not 
more than 5 years, or both.''
            (2) Clerical amendment.--The table of chapters at the 
        beginning of such title is amended by inserting after the item 
        relating to chapter 7 the following new item:

``8. Child buying...........................................     131''.
    (c) Effective Dates.--
            (1) In general.--
                    (A) The amendments made by subsection (a) shall 
                take effect on the first day of the first month 
                beginning more than 90 days after the date of the 
                enactment of this Act.
                    (B) The amendments made by subsection (b) shall 
                take effect on the date of the enactment of this Act.
            (2) Publication of foreign state list.--The Secretary of 
        State shall first provide for the publication of a list of the 
        foreign states certified under section 204(h)(2) of the 
        Immigration and Nationality Act (as added by the amendment made 
        by subsection (a)(2)) by not later than 1 year after the date 
        of the enactment of this Act.

SEC. 5. PERMANENT RESIDENT STATUS FOR REFUGEES ADMITTED TO THE UNITED 
              STATES.

    (a) In General.--Section 209 of the Immigration and Nationality Act 
(8 U.S.C. 1159) is amended--
            (1) by amending the heading to read as follows:

  ``permanent resident status for refugees; adjustment of status for 
                               asylees'';

            (2) by amending subsection (a) to read as follows:
    ``(a) Any alien admitted to the United States under section 207 
shall be regarded as lawfully admitted to the United States for 
permanent residence as of the date of arrival into the United 
States.''; and
            (3) in subsection (c), by striking ``this section'' and 
        inserting ``subsection (b)''.
    (b) Clerical Amendment.--The item in the table of contents relating 
to section 209 of such Act is amended to read as follows:

``Sec. 209. Permanent resident status for refugees; adjustment of 
                            status for asylees.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to aliens admitted to the United States under section 207 of the 
Immigration and Nationality Act before, on, or after the date of the 
enactment of this Act.

SEC. 6. ALIEN WITNESS COOPERATION.

    (a) Establishment of New Nonimmigrant Classification.--Section 
101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)) is amended--
            (1) by striking ``or'' at the end of subparagraph (R),
            (2) by striking the period at the end of subparagraph (S) 
        and inserting ``; or'', and
            (3) by adding at the end the following new subparagraph:
            ``(T) subject to section 214(j), an alien--
                    ``(i) who the Attorney General determines (I) is in 
                possession of critical reliable information concerning 
                a criminal organization or enterprise, and (II) is 
                willing to supply such information to Federal or State 
                law enforcement authorities or a Federal or State court 
                of law, and
                    ``(ii) whose presence in the United States the 
                Attorney General determines is essential to the success 
                of an authorized criminal investigation or the 
                successful prosecution of an individual involved in the 
                criminal organization or enterprise,
        and the spouse and minor children of the alien if accompanying, 
        or following to join, the alien.''.
    (b) Conditions of Entry.--
            (1) Waiver of grounds for exclusion.--Section 212(d) of 
        such Act (8 U.S.C. 1182(d)) is amended by inserting at the 
        beginning the following new paragraph:
    ``(1) The Attorney General may, in his or her discretion, waive the 
application of subsection (a) (other than paragraph (3)(E) thereof) in 
the case of a nonimmigrant described in section 101(a)(15)(T), if the 
Attorney General deems it in the national interest. Any such waiver 
shall be deemed a waiver of any comparable ground for deportation under 
section 241(a)(1)(A).''.
            (2) Numerical limitations; period of admission; etc.--
        Section 214 of such Act (8 U.S.C. 1184) is amended by adding at 
        the end the following new subsection:
    ``(k)(1) The number of aliens who may be provided a visa as 
nonimmigrants under section 101(a)(15)(T) in any fiscal year may not 
exceed 100.
    ``(2) No alien may be admitted into the United States as such a 
nonimmigrant more than 5 years after the date of the enactment of this 
subsection.
    ``(3) The period of admission of an alien as such a nonimmigrant 
may not exceed 3 years. Such period may not be extended by the Attorney 
General.
    ``(4) As a condition for the admission, and continued stay in 
lawful status, of such a nonimmigrant, the nonimmigrant (A) shall 
report not less often than quarterly to the Commissioner such 
information concerning the alien's whereabouts and activities as the 
Attorney General may require, (B) may not be convicted of any criminal 
offense in the United States after the date of such admission, and (C) 
must have executed a form that waives the nonimmigrant's right to 
contest, other than on the basis of an application for withholding of 
deportation, any action for deportation of the alien instituted before 
the alien obtains lawful permanent resident status.
    ``(5) The Attorney General shall submit a report annually to the 
Committees on the Judiciary of the House of Representatives and of the 
Senate concerning (A) the number of such nonimmigrants admitted, (B) 
the number of successful criminal prosecutions or investigations 
resulting from cooperation of such aliens, (C) the number of such 
nonimmigrants whose admission has not resulted in successful criminal 
prosecution or investigation, and (D) the number of such nonimmigrants 
who have failed to report quarterly (as required under paragraph (4)) 
or who have been convicted of crimes in the United States after the 
date of their admission as such a nonimmigrant.''.
            (3) Prohibition of change of status.--Section 248(1) of 
        such Act (8 U.S.C. 1258(1)) is amended by striking ``or (K)'' 
        and inserting ``(K), or (T)''.
    (c) Adjustment to Permanent Resident Status.--
            (1) In general.--Section 245 of such Act (8 U.S.C. 1255) is 
        amended by adding at the end the following new subsection:
    ``(h)(1) If, in the opinion of the Attorney General--
            ``(A) a nonimmigrant admitted into the United States under 
        section 101(a)(15)(T) has supplied information described in 
        clauses (i) and (ii) of such section, and
            ``(B) the provision of such information has substantially 
        contributed to the success of an authorized criminal 
        investigation or the successful prosecution of an individual 
        described in clause (ii) of such section,
the Attorney General may adjust the status of the alien (and the spouse 
and child of the alien if admitted under such section) to that of an 
alien lawfully admitted for permanent residence if the alien is not 
described in section 212(a)(3)(E).
    ``(2) Upon the approval of adjustment of status 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.''.
            (2) Exclusive means of adjustment.--Section 245(c) of such 
        Act (8 U.S.C. 1255(c)) is amended by striking ``or'' before 
        ``(4)'' and by inserting before the period at the end the 
        following: ``; or (5) an alien who was admitted as a 
        nonimmigrant described in section 101(a)(15)(T)''.
    (d) Extending Period of Deportation for Conviction of a Crime.--
Section 241(a)(2)(A)(i)(I) of such Act (8 U.S.C. 1251(a)(2)(A)(i)(I)) 
is amended by inserting ``(or 10 years in the case of an alien provided 
lawful permanent resident status under section 245(h))'' after ``five 
years''.

SEC. 7. TEMPORARY NONIMMIGRANT STATUS FOR ALIEN SPOUSES AND CHILDREN OF 
              CITIZENS.

    (a) In General.--Section 101(a)(15) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(15)), as amended by sections 3(b)(1) 
and 6(a) of this Act, is amended--
            (1) by striking ``or'' at the end of subparagraph (S);
            (2) by striking the period at the end of subparagraph (T) 
        and inserting ``; or''; and
            (3) by adding at the end the following new subparagraph:
            ``(U) an alien, and the children of the alien if 
        accompanying or following to join the alien, who is the spouse 
        of a citizen of the United States.''.
    (b) Conditions and Limitations.--Section 214 of such Act (8 U.S.C. 
1184), as amended by sections 3(b)(2) and 6(b)(2) of this Act, is 
amended by adding at the end the following new subsection:
    ``(l)(1) The period of authorized status as a nonimmigrant under 
section 101(a)(15)(U) shall terminate--
            ``(A) 3 months after the date of obtaining such status, 
        unless the citizen spouse (or in the case of a child, citizen 
        parent) has filed a classification petition under section 
        204(a) for classification of the nonimmigrant as an immediate 
        relative, or
            ``(B) if such a petition is filed on a timely basis, after 
        the end of such period as the Attorney General determines to be 
        sufficient to permit the filing of an application for an 
        immigrant visa, or an application for adjustment of status to 
        that of an alien lawfully admitted for permanent residence, on 
        behalf of the nonimmigrant and, if such an application is 
        filed, the final disposition of such an application.
The Attorney General may not extend the 3-month period of authorized 
status under subparagraph (A).
    ``(2) Nonimmigrants described in section 101(a)(15)(U) shall be 
granted authorization to engage in employment in the United States and 
be provided an `employment authorized' endorsement or other appropriate 
work permit.''.
    (c) Restrictions on Adjustment of Status.--
            (1) Adjustment to permanent resident status only on basis 
        of citizen immediate relative petition.--Section 245(d) of such 
        Act (8 U.S.C. 1255(d)) is amended by adding at the end the 
        following new sentence: ``The Attorney General may not adjust, 
        under subsection (a), the status of a nonimmigrant alien 
        described in section 101(a)(15)(U) who is the spouse of a 
        citizen (or child of such a spouse) except on the basis of a 
        petition filed by such citizen under section 204(a) to classify 
        the alien as an immediate relative of the citizen.''.
            (2) No change of nonimmigrant status from u nonimmigrant 
        status.--Section 248(1) of such Act (8 U.S.C. 1258(1)) is 
        amended by striking ``(K), or (T)'' and inserting ``(K), (T), 
        or (U)''.

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