H. R. 1757—61
(c) REPORTING REQUIREMENT.—Not later than 6 months after
the date of enactment of this Act, and every 12 months thereafter,
the Secretary of State shall submit to the Speaker of the House
of Representatives and to the Chairman of the Committee on For-
eign Relations of the Senate a report, including—
(1) a list of aliens who have been denied a visa under
this subsection; and
(2) a list of aliens who could have been denied a visa
under subsection (a) but were issued a visa and an explanation
as to why each such visa was issued.
SEC. 1227. INADMISSIBILITY OF ANY ALIEN SUPPORTING AN INTER-
NATIONAL CHILD ABDUCTOR.
(a) AMENDMENT
OF IMMIGRATION
AND NATIONALITY ACT.—
Section 212(a)(10)(C) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(10)(C)) is amended by striking clause (ii) and insert-
ing the following:
‘‘(ii) ALIENS
SUPPORTING
ABDUCTORS
AND
REL-
ATIVES OF ABDUCTORS.—Any alien who—
‘‘(I) is known by the Secretary of State to
have intentionally assisted an alien in the conduct
described in clause (i);
‘‘(II) is known by the Secretary of State to
be intentionally providing material support or safe
haven to an alien described in clause (i); or
‘‘(III) is a spouse (other than the spouse who
is the parent of the abducted child), child (other
than the abducted child), parent, sibling, or agent
of an alien described in clause (i), if such person
has been designated by the Secretary of State at
the Secretary’s sole and unreviewable discretion,
is inadmissible until the child described in clause (i)
is surrendered to the person granted custody by the
order described in that clause, and such person and
child are permitted to return to the United States
or such person’s place of residence.
‘‘(iii) EXCEPTIONS.—Clauses (i) and (ii) shall not
apply—
‘‘(I) to a government official of the United
States who is acting within the scope of his or
her official duties;
‘‘(II) to a government official of any foreign
government if the official has been designated by
the Secretary of State at the Secretary’s sole and
unreviewable discretion; or
‘‘(III) so long as the child is located in a foreign
state that is a party to the Convention on the
Civil Aspects of International Child Abduction,
done at The Hague on October 25, 1980.’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall apply to aliens seeking admission to the United States on
or after the date of enactment of this Act.
SEC. 1228. HAITI; EXCLUSION OF CERTAIN ALIENS; REPORTING
REQUIREMENTS.
(a) GROUNDS FOR EXCLUSION.—Except as provided in subsection
(c), a consular officer shall not issue a visa to, and the Attorney
General shall exclude from the United States, any alien who the
H. R. 1757—62
Secretary of State, in the Secretary’s sole and unreviewable discre-
tion, has reason to believe is a person who—
(1) has been credibly alleged to have ordered, carried out,
or materially assisted, in the extrajudicial and political killings
of Antoine Izmery, Guy Malary, Father Jean-Marie Vincent,
Pastor Antoine Leroy, Jacques Fleurival, Mireille Durocher
Bertin, Eugene Baillergeau, Michelange Hermann, Max
Mayard, Romulus Dumarsais, Claude Yves Marie, Mario
Beaubrun, Leslie Grimar, Joseph Chilove, Michel Gonzalez,
and Jean-Hubert Feuille;
(2) was included in the list presented to former president
Jean-Bertrand Aristide by former National Security Council
Advisor Anthony Lake in December 1995, and acted upon by
President Rene Preval;
(3) was sought for an interview by the Federal Bureau
of Investigation as part of its inquiry into the March 28, 1995,
murder of Mireille Durocher Bertin and Eugene Baillergeau,
Jr., and was credibly alleged to have ordered, carried out,
or materially assisted, in those murders, per a June 28, 1995,
letter to the then Minister of Justice of the Government of
Haiti, Jean-Joseph Exume;
(4)(A) was a member of the Haitian High Command during
the period 1991–1994, who has been credibly alleged to have
planned, ordered, or participated with members of the Haitian
armed forces in the September 1991 coup against the duly
elected Government of Haiti or the subsequent murders of
as many as three thousand Haitians during that period; or
(B) is an immediate relative of an individual described
in subparagraph (A); or
(5) has been credibly alleged to have been a member of
the paramilitary organization known as FRAPH who planned,
ordered, or participated in acts of violence against the Haitian
people.
(b) EXEMPTION.—Subsection (a) shall not apply where the Sec-
retary of State finds, on a case-by-case basis, that the entry into
the United States of the person who would otherwise be excluded
under subsection (a) is necessary for medical reasons, or such
person has cooperated fully with the investigation of the political
murders or acts of violence described in subsection (a). If the Sec-
retary of State exempts such a person, the Secretary shall notify
the appropriate congressional committees in writing.
(c) REPORTING
REQUIREMENT
ON
EXCLUSION
OF
CERTAIN
HAITIAN ALIENS.—
(1) PREPARATION OF LIST.—The United States chief of mis-
sion in Haiti shall provide the Secretary of State a list of
those who have been credibly alleged to have ordered or carried
out the extrajudicial and political killings referred to in para-
graph (1) of subsection (a).
(2) SUBMISSION OF LIST TO CONGRESS.—Not later than 3
months after the date of enactment of this Act, the Secretary
of State shall submit the list provided under paragraph (1)
to the appropriate congressional committees.
(3) LISTS OF VISA DENIALS AND EXCLUSIONS.—The Secretary
of State shall submit to the Committee on Foreign Relations
and the Committee on the Judiciary of the Senate and the
Committee on International Relations and the Committee on
the Judiciary of the House of Representatives a list of aliens
H. R. 1757—63
denied visas, and the Attorney General shall submit to the
appropriate congressional committees a list of aliens refused
entry to the United States, as a result of subsection (a).
(4) DURATION FOR SUBMISSION OF LISTS.—The Secretary
shall submit the list under paragraph (3) not later than 6
months after the date of enactment of this Act and not later
than March 1 of each year thereafter as long as the Government
of Haiti has not completed the investigation of the extrajudicial
and political killings and has not prosecuted those implicated
for the killings specified in paragraph (1) of subsection (a).
(d) REPORT ON THE COST OF UNITED STATES ACTIVITIES IN
HAITI.—(1) Not later than September 1, 1998, and every 6 months
thereafter, the President shall submit a report to Congress on
the situation in Haiti, including—
(A) a listing of the units of the United States Armed Forces
or Coast Guard and of the police and military units of other
nations participating in operations in and around Haiti;
(B) incidents of the use of force in Haiti involving hostile
acts against United States Armed Forces or Coast Guard
personnel during the period covered by the report;
(C) the estimated cumulative program costs of all United
States activities in Haiti during the period covered by the
report, including—
(i) the incremental cost of deployments of United States
Armed Forces and Coast Guard personnel training, exer-
cises, mobilization, and preparation activities, including
the United States contribution to the training and transpor-
tation of police and military units of other nations of any
multilateral force involved in activities in Haiti;
(ii) the costs of all other activities relating to United
States policy toward Haiti, including humanitarian assist-
ance, reconstruction assistance, assistance under part I
of the Foreign Assistance Act of 1961, and other financial
assistance, and all other costs to the United States Govern-
ment; and
(D) a detailed accounting of the source of funds obligated
or expended to meet the costs described in paragraph (3),
including—
(i) in the case of amounts expended out of funds avail-
able to the Department of Defense budget, by military
service or defense agency, line item, and program; and
(ii) in the case of amounts expended out of funds avail-
able to departments and agencies other than the Depart-
ment of Defense, by department or agency and program.
(2) DEFINITION.—In this section, the term ‘‘period covered by
the report’’ means the 6-month period prior to the date the report
is required to be submitted, except that, in the case of the initial
report, the term means the period since the date of enactment
of the Foreign Relations Authorization Act, Fiscal Years 1998 and
1999.
CHAPTER 3—REFUGEES AND MIGRATION
Subchapter A—Authorization of Appropriations
SEC. 1231. MIGRATION AND REFUGEE ASSISTANCE.
(a) MIGRATION AND REFUGEE ASSISTANCE.—
H. R. 1757—64
(1) AUTHORIZATION OF APPROPRIATIONS.—There are author-
ized to be appropriated for ‘‘Migration and Refugee Assistance’’
for authorized activities, $650,000,000 for the fiscal year 1998
and $704,500,000 for the fiscal year 1999.
(2) LIMITATIONS.—
(A) LIMITATION REGARDING TIBETAN REFUGEES IN INDIA
AND NEPAL.—Of the amounts authorized to be appropriated
in paragraph (1), not more than $2,000,000 for the fiscal
year 1998 and $2,000,000 for the fiscal year 1999 are
authorized to be available only for humanitarian assistance,
including food, medicine, clothing, and medical and voca-
tional training, to Tibetan refugees in India and Nepal
who have fled Chinese-occupied Tibet.
(B) REFUGEES RESETTLING IN ISRAEL.—Of the amounts
authorized to be appropriated in paragraph (1), $80,000,000
for the fiscal year 1998 and $80,000,000 for the fiscal
year 1999 are authorized to be available for assistance
for refugees resettling in Israel from other countries.
(C) HUMANITARIAN
ASSISTANCE
FOR
DISPLACED
BUR-
MESE.—Of the amounts authorized to be appropriated in
paragraph (1), $1,500,000 for the fiscal year 1998 and
$1,500,000 for the fiscal year 1999 for humanitarian
assistance are authorized to be available, including food,
medicine, clothing, and medical and vocational training,
to persons displaced as a result of civil conflict in Burma,
including persons still within Burma.
(b) AVAILABILITY OF FUNDS.—Funds appropriated pursuant to
this section are authorized to remain available until expended.
Subchapter B—Authorities
SEC. 1241. UNITED STATES POLICY REGARDING THE INVOLUNTARY
RETURN OF REFUGEES.
(a) IN GENERAL.—None of the funds made available by this
division shall be available to effect the involuntary return by the
United States of any person to a country in which the person
has a well-founded fear of persecution on account of race, religion,
nationality, membership in a particular social group, or political
opinion, except on grounds recognized as precluding protection as
a refugee under the United Nations Convention Relating to the
Status of Refugees of July 28, 1951, and the Protocol Relating
to the Status of Refugees of January 31, 1967, subject to the
reservations contained in the United States Senate Resolution of
Ratification.
(b) MIGRATION AND REFUGEE ASSISTANCE.—None of the funds
made available by section 1231 of this Act or by section 2(c) of
the Migration and Refugee Assistance Act of 1962 (22 U.S.C.
2601(c)) shall be available to effect the involuntary return of any
person to any country unless the Secretary of State first notifies
the appropriate congressional committees, except that in the case
of an emergency involving a threat to human life the Secretary
of State shall notify the appropriate congressional committees as
soon as practicable.
(c) INVOLUNTARY RETURN DEFINED.—As used in this section,
the term ‘‘to effect the involuntary return’’ means to require, by
means of physical force or circumstances amounting to a threat
thereof, a person to return to a country against the person’s will,