213
applicant recognizes the privileges and responsibilities of
citizenship;’’.
Subtitle B—Treatment of Nationals
of State Sponsors of Terrorism
SEC. 811. TREATMENT OF NATIONALS OF STATE SPONSORS
OF TERRORISM.
(a) IN GENERAL.—
(1) AMENDMENT.—Chapter 9 of title II, as
amended by section 265 of this Act, is further
amended by inserting after section 295 the following
new section:
‘‘TREATMENT OF NATIONALS OF STATE SPONSORS OF
TERRORISM
‘‘SEC. 296. (a) IN GENERAL.—No nonimmigrant or
immigrant visa may be issued, or nonimmigrant or immi-
grant status otherwise provided, other than a visa or sta-
tus described in section 101(a)(15)(A), to any alien who
is a national of, or residing in, a country that is deter-
mined to be a state sponsor of terrorism, or that was sub-
ject to such a determination on September 11, 2001.
‘‘(b) STATE SPONSOR OF TERRORISM DEFINED.—
‘‘(1) IN GENERAL.—In this section, the term
‘state sponsor of terrorism’ means any country,
other than Cuba, the government of which has been
determined by the Secretary of State under any of
214
the laws specified in paragraph (2) to have repeat-
edly provided support for acts of terrorism.
‘‘(2) LAWS
UNDER
WHICH
DETERMINATIONS
WERE MADE.—The laws specified in this paragraph
are the following:
‘‘(A) Section 6(j)(1)(A) of the Export Ad-
ministration Act of 1979 (or successor statute).
‘‘(B) Section 40(d) of the Arms Export
Control Act.
‘‘(C) Section 620A(a) of the Foreign As-
sistance Act of 1961.’’.
(2) CLERICAL AMENDMENT.—The table of con-
tents of the Immigration and Nationality Act is
amended by inserting after the item relating to sec-
tion 295 the following:
‘‘Sec. 296. Treatment of nationals of state sponsors of terrorism.’’.
(3) EFFECTIVE DATE.—The amendments made
by this subsection shall take effect on the date of the
enactment of this Act and shall apply to visas
issued, or status provided, on and after such date.
(b) APPLICATION TO ADMITTED NONIMMIGRANTS.—
(1) IN
GENERAL.—In the case of a non-
immigrant alien lawfully admitted into the United
States who would have been ineligible to be granted
such nonimmigrant status if the amendments made
by subsection (a) had been in effect on the date on
215
which such status was granted, notwithstanding any
other provision of law, the period of authorized ad-
mission as such a nonimmigrant shall terminate 60
days after the date of the enactment of this Act, un-
less the nonimmigrant is the beneficiary (including
a spouse or child of a principal alien, if eligible to
receive a visa under section 203(d) of the Immigra-
tion and Nationality Act (8 U.S.C. 1153(d)) of—
(A) a petition for classification under sec-
tion 204 of such Act (8 U.S.C. 1154) that was
filed with the Attorney General on or before the
date of the enactment of this Act; or
(B) an application for a labor certification
under section 212(a)(5)(A) of such Act (8
U.S.C. 1182(a)(5)(A)) that was filed pursuant
to the regulations of the Secretary of Labor on
or before such date.
(2) 
DEPARTURE
OF
PETITION
BENE-
FICIARIES.—In the case of a nonimmigrant who is
the beneficiary of a petition or application described
in subparagraph (A) or (B) of paragraph (1), the
period of authorized admission as such a non-
immigrant shall terminate on, and the alien shall be
required to depart the United States before, the ear-
lier of—
216
(A) the date that is 60 days after the date
on which—
(i) such petition or application is fi-
nally denied; or
(ii) the nonimmigrant’s application for
adjustment of status is finally denied; or
(B) the date on which such nonimmigrant
status terminates, unless such termination is
pursuant to an adjustment to the status of an
alien lawfully admitted for permanent residence.
(c) REPEAL.—Section 306 of the Enhanced Border
Security and Visa Entry Reform Act of 2002 (Public Law
107–173) is repealed.
Subtitle C—Legal Immigration
Reform
SEC. 821. EXTENDED FAMILY PREFERENCE CATEGORIES.
(a) IN
GENERAL.—Section 203(a) (8 U.S.C.
1153(a)) is amended to read as follows:
‘‘(a) PREFERENCE ALLOCATION FOR FAMILY-SPON-
SORED IMMIGRANTS.—Qualified immigrants who are the
spouses or children of an alien lawfully admitted for per-
manent residence shall be subject to the worldwide level
specified in section 201(c) for family-sponsored immi-
grants, and shall be allocated visas in a number not to
exceed such level.’’.
217
(b) WORLDWIDE LEVEL OF FAMILY-SPONSORED IM-
MIGRANTS.—Section 201(c) (8 U.S.C. 1151(c)) is
amended—
(1) by striking ‘‘480,000’’ and inserting
‘‘87,934’’; and
(2) by striking ‘‘226,000’’ and inserting
‘‘87,934’’.
(c) NUMERICAL LIMITATION TO ANY SINGLE FOR-
EIGN STATE.—Section 202 (8 U.S.C. 1152) is amended—
(1) in subsection (a)(4), by striking subpara-
graph (A) and inserting the following:
‘‘(A) 75 PERCENT NOT SUBJECT TO PER
COUNTRY
LIMITATION.—Of the visa numbers
made available under section 203(a) in any fis-
cal year, 75 percent shall be issued without re-
gard to the numerical limitation under para-
graph (2).’’; and
(2) in subsection (e)—
(A) in paragraph (1), by adding ‘‘and’’ at
the end;
(B) by striking paragraph (2); and
(C) by redesignating paragraph (3) as
paragraph (2).
(d) PROCEDURE FOR GRANTING IMMIGRANT STA-
TUS.—Section 204 (8 U.S.C. 1154) is amended—
218
(1) in subsection (a)(1)(A)(i), by striking
‘‘paragraph (1), (3), or (4) of’’; and
(2) 
in 
subsection 
(a)(1)(B), 
by 
striking
‘‘203(a)(2)’’ and ‘‘203(a)(2)(A)’’ each place such
terms appear and inserting ‘‘203(a)’’;
(3) in subsection (a)(1)(D)(i)—
(A) in subclause (I), by striking ‘‘a peti-
tioner for preference status under paragraph
(1), (2), or (3)’’ and all that follows through
the period at the end and inserting ‘‘to be an
individual under 21 years of age for purposes of
adjudicating such petition, and for purposes of
admission as an immediate relative under sec-
tion 201(b)(2)(A)(i), notwithstanding the actual
age of the individual.’’; and
(B) in subclause (III), by striking ‘‘para-
graph (1), (2), or (3) of section 203(a), which-
ever paragraph is applicable,’’ and inserting
‘‘section 203(a), and under 21 years of age
(notwithstanding the actual age of the indi-
vidual),’’.
(4) in subsection (f), by striking ‘‘201(b),
203(a)(1), or 203(a)(3), as appropriate.’’ and insert-
ing ‘‘201(b).’’.
219
(e) CLASSES
OF DEPORTABLE ALIENS.—Section
237(a)(1)(E)(ii) (8 U.S.C. 1227(a)(1)(E)(ii)) is amended
by striking ‘‘203(a)(2)’’ and inserting ‘‘203(a)’’.
(f) CONDITIONAL PERMANENT RESIDENT STATUS
FOR CERTAIN ALIEN SPOUSES AND SONS AND DAUGH-
TERS.—Section 216(g)(1)(C) (8 U.S.C. 1186a(g)(1)(C))
is amended by striking ‘‘203(a)(2)’’ and inserting
‘‘203(a)’’.
(g) EFFECTIVE DATE.—The amendments made this
section shall take effect on October 1, 2002.
SEC. 822. EMPLOYMENT THIRD PREFERENCE CATEGORY.
(a) IN GENERAL.—Paragraph (3) of section 203(b)
(8 U.S.C. 1153(b)) is amended to read as follows:
‘‘(3) 
SKILLED
WORKERS
AND
PROFES-
SIONALS.—
‘‘(A) IN GENERAL.—Visas shall be made
available, in a number not to exceed 28.6 per-
cent of such worldwide level, plus any visas not
required for the classes specified in paragraphs
(1) and (2), to the following classes of aliens
who are not described in paragraph (2):
‘‘(i) SKILLED
WORKERS.—Qualified
immigrants who are capable, at the time of
petitioning for classification under this
paragraph, of performing skilled labor (re-
220
quiring at least 2 years training or experi-
ence), not of a temporary or seasonal na-
ture, for which qualified workers are not
available in the United States.
‘‘(ii) PROFESSIONALS.—Qualified im-
migrants who hold baccalaureate degrees
and who are members of the professions.
‘‘(B) LABOR CERTIFICATION REQUIRED.—
An immigrant visa may not be issued to an im-
migrant under subparagraph (A) until the con-
sular officer is in receipt of a determination
made by the Secretary of labor pursuant to the
provisions of section 212(a)(5)(A).’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall take effect on October 1, 2002.
SEC. 823. ELIMINATION OF DIVERSITY IMMIGRANT PRO-
GRAM.
(a) WORLDWIDE
LEVEL
OF
DIVERSITY
IMMI-
GRANTS.—Section 201 (8 U.S.C. 1151) is amended—
(1) in subsection (a)—
(A) by inserting ‘‘and’’ at the end of para-
graph (1);
(B) by striking ‘‘; and’’ at the end of para-
graph (2) and inserting a period; and
(C) by striking paragraph (3); and
221
(2) by striking subsection (e).
(b) ALLOCATION OF DIVERSITY IMMIGRANT VISAS.—
Section 203 (8 U.S.C. 1153) is amended—
(1) by striking subsection (c);
(2) in subsection (d), by striking ‘‘(a), (b), or
(c),’’ and inserting ‘‘(a) or (b),’’;
(3) in subsection (e), by striking paragraph (2)
and redesignating paragraph (3) as paragraph (2);
(4) in subsection (f), by striking ‘‘(a), (b), or
(c)’’ and inserting ‘‘(a) or (b)’’; and
(5) in subsection (g), by striking ‘‘(a), (b), and
(c)’’ and inserting ‘‘(a) and (b)’’.
(c) PROCEDURE FOR GRANTING IMMIGRANT STA-
TUS.—Section 204 (8 U.S.C. 1154) is amended—
(1) by striking subsection (a)(1)(I); and
(2) in subsection (e), by striking ‘‘(a), (b), or
(c)’’ and inserting ‘‘(a) or (b)’’.
(c) EFFECTIVE DATE.—The amendments made this
section shall take effect on October 1, 2002.
SEC. 824. REFUGEE ADMISSIONS.
(a) IN GENERAL.—Paragraphs (1) and (2) of section
207(a) (8 U.S.C. 1157(a)) are amended to read as follows:
‘‘(a)(1) Except as provided in paragraph (2) and sub-
section (b), the number of refugees who may be admitted
under this section in any fiscal year shall be such number
222
as the President determines, before the beginning of the
fiscal year and after appropriate consultation, is justified
by humanitarian concerns or is otherwise in the national
interest.
‘‘(2)(A) Except as provided in subparagraphs (B)
and (C), the number determined under paragraph (1) for
a fiscal year may not exceed the number of United Nations
High Commissioner for Refugees-referred refugees who
were resettled in a country other than the United States
(excluding any internally resettled person) in the second
preceding calendar year.
‘‘(B) The number determined under paragraph (1)
for a fiscal year may exceed the limit specified in subpara-
graph (A) by the number of refugees admitted pursuant
to section 599D(b)(3) of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act,
1990 (8 U.S.C. 1157 note).
‘‘(C) The number determined under paragraph (1)
for a fiscal year may exceed the limit specified in subpara-
graph (A) if the Congress enacts a law providing for a
higher number.’’.
(b) EMERGENCY REFUGEE SITUATIONS.—Section
207(b) (8 U.S.C. 1157(b)) is amended by striking ‘‘the
President may fix’’ and inserting ‘‘the President may, if
the Congress enacts a law providing such authority, fix’’.
223
(c) EFFECTIVE DATE.—The amendments made by
this section shall take effect on October 1, 2002.
TITLE IX—MISCELLANEOUS
PROVISIONS
SEC. 901. TEMPORARY PROTECTED STATUS.
(a) IN GENERAL.—Section 244 (8 U.S.C. 1254a) is
amended—
(1) in subsection (a)—
(A) by striking paragraph (3)(D);
(B) in paragraph (4)—
(i) by striking subparagraph (B);
(ii) by moving the text of subpara-
graph (A) up and to the right so that it
follows immediately after the paragraph
heading; and
(iii) by striking ‘‘(A)’’;
(C) in paragraph (5), by striking ‘‘to deny
temporary protected status to an alien based on
the alien’s immigration status or’’;
(2) in subsection (b)—
(A) in paragraph (1)—
(i) in subparagraph (A), by adding
‘‘or’’ at the end
(ii) in subparagraph (B)—
224
(I) in clause (i), by striking ‘‘dis-
ruption of living conditions’’ and in-
serting ‘‘physical destruction of homes
and businesses’’;
(II) by amending clause (ii) to
read as follows:
‘‘(ii) the foreign state is unable, tem-
porarily, to house and employ the aliens
who are nationals of the state residing in
the United States, but has a specific plan
to repatriate such nationals in a short and
specified period of time; and’’; and
(III) in clause (iii), by striking ‘‘;
or’’ and inserting a period;
(iii) by striking subparagraph (C);
and
(iv) by adding at the end the fol-
lowing:
‘‘An initial designation, or extension of a designa-
tion, of a foreign state (or part of such foreign
state) under this paragraph shall not become effec-
tive if the Attorney General finds that permitting
the aliens to remain temporarily in the United
States is contrary to the national interest of the
United States.’’
225
(B) in the last sentence of paragraph (2),
by striking ‘‘18 months’’ and inserting ‘‘12
months’’;
(C) in paragraph (3)—
(i) in subparagraph (A), by inserting
‘‘all’’ after ‘‘and shall determine whether’’;
(ii) in subparagraph (B), by inserting
‘‘all’’ after ‘‘no longer continues to meet’’;
and
(iii) by amending subparagraph (C) to
read as follows:
‘‘(C) EXTENSION
OF
DESIGNATION.—If
the Attorney General determines under sub-
paragraph (A) that a foreign state (or part of
such foreign state) continues to meet all the
conditions for designation under paragraph (1)
and that the foreign state warrants an exten-
sion, the period of designation of the foreign
State is extended for an additional period of 6
months (or, in the discretion of the Attorney
General, a period of 12 months).’’; and
(D) in paragraph (5)—
(i) by striking subparagraph (B);
(ii) by moving the text of subpara-
graph (A) up and to the right so that it
226
follows immediately after the paragraph
heading; and
(iii) 
by 
striking 
‘‘(A) 
DESIGNA-
TIONS.—’’;
(3) in subsection (c)—
(A) in paragraph (1)(B), by striking ‘‘The
amount of any such fee shall not exceed $50.’’;
(B) in paragraph (2)—
(i) in subparagraph (A), by striking
‘‘of paragraph (1)—’’ and all that follows
through the end and inserting the fol-
lowing: 
‘‘, 
the 
provisions 
of 
section
212(a)(1) may be waived in the Attorney
General’s discretion if a denial of tem-
porary protected status would separate the
alien from a spouse or child in the United
States.’’;
(ii) in subparagraph (B)—
(I) by amending clause (i) to
read as follows:
‘‘(i) the alien is inadmissible under
section 212(a) by reason of having been
convicted of a crime committed in the
United States, or the alien is deportable
227
under section 237(a) (other than under
section 237(a)(1)(B));’’;
(II) in clause (ii), by striking the
period at the end and inserting ‘‘; or’’;
and
(III) by adding at the end the
following:
‘‘(iii) the alien was unlawfully present
in the United States on the effective date
of the designation of the applicable foreign
state (or part of a state), or the effective
date of any extension of such designation,
unless a law to the contrary is enacted be-
fore such date, except that if the Congress
is adjourned sine die on such date, the
alien may be granted temporary protected
status for a period of not more than 4
months.’’;
(C) in paragraph (3)—
(i) by striking ‘‘, or’’ at the end of
subparagraph (B) and inserting a semi-
colon;
(ii) in subparagraph (C)—
228
(I) by inserting ‘‘and record the
alien’s current address’’ after ‘‘reg-
ister’’; and
(II) by striking the period at the
end and inserting a semicolon; and
(iii) by adding at the end the fol-
lowing:
‘‘(D) the alien commits a crime after being
granted temporary protected status; or
‘‘(E) the alien travels, no matter how brief-
ly, to the foreign state (or part of such state)
the designation of which was the basis of the
alien being granted such status.’’;
(D) in paragraph (4), in each of subpara-
graphs (A) and (B), by inserting before the pe-
riod at the end the following: ‘‘, unless the alien
travels, no matter how briefly, to the foreign
state (or part of such state) the designation of
which was the basis of the alien being granted
such status’’; and
(E) by striking paragraph (6);
(4) in subsection (d), by striking paragraph (4);
(5) in subsection (e), by striking ‘‘, unless the
Attorney General determines that extreme hardship
exists’’ in the first sentence;
229
(6) in subsection (f)—
(A) by inserting ‘‘and’’ at the end of para-
graph (2);
(B) in paragraph (3), by striking ‘‘General;
and’’ and inserting ‘‘General, except to the for-
eign state (or part of such state) the designa-
tion of which was the basis of the alien being
granted such status.’’; and
(C) by striking paragraph (4); and
(7) in subsection (h)—
(A) in paragraph (1), by inserting ‘‘or the
House of Representatives’’ after ‘‘Senate’’;
(B) in paragraph (2), by striking ‘‘three-
fifths’’ and inserting ‘‘two-thirds’’; and
(C) by inserting ‘‘and the House of Rep-
resentatives’’ after ‘‘Senate’’ each place such
term appears in paragraphs (2) and (3).
(b) INELIGIBILITY OF CERTAIN ALIENS.—
(1) IN
GENERAL.—In the case of a foreign
state (or part of a foreign state) initially designated
under section 244 (8 U.S.C. 1254a), or having such
a designation extended, before the date of the enact-
ment of this Act, an alien who is a national of such
state (or in the case of an alien having no nation-
ality, is a person who last habitually resided in such
230
state), and was unlawfully present in the United
States on the date of such designation or extension,
shall be subject to paragraph (2).
(2) ALIENS INELIGIBLE.—An alien described in
paragraph (1) shall not be considered eligible for
temporary protected status under section 244 pursu-
ant to any initial or succeeding extension of a des-
ignation described in such paragraph that takes ef-
fect after the date of the enactment of this Act, un-
less a law to the contrary is enacted before such ef-
fective date, except that if the Congress is adjourned
sine die on such effective date, the alien may be
granted temporary protected status for a period of
not more than 4 months.
SEC. 902. GOOD MORAL CHARACTER.
(a) IN
GENERAL.—Section 101(f)(6) (8 U.S.C.
1101(f)(6)) is amended to read as follows:
‘‘(6) one who, by fraud or willfully misrepre-
senting a material fact, seeks to procure (or has
sought to procure or has procured) a visa, other doc-
umentation, or admission into the United States or
other benefit provided under this Act, for himself,
herself, or any other alien;’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall take effect on the date of the enact-
231
ment of this Act and shall apply to misrepresentations
made on or after such date.
SEC. 903. REMOVAL FOR ALIENS WHO MAKE MISREPRESEN-
TATIONS TO PROCURE BENEFITS.
(a) IN GENERAL.—Section 237(a)(3) (8 U.S.C.
1127(a)(3)) is amended by adding at the end the fol-
lowing:
‘‘(F) 
MISREPRESENTATION.—Any 
alien
who, by fraud or willfully misrepresenting a ma-
terial fact, seeks to procure (or has sought to
procure or has procured) a visa, other docu-
mentation, or admission into the United States
or other benefit provided under this Act, for
himself, herself, or any other alien, is deport-
able.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall take effect on the date of the enact-
ment of this Act and shall apply to misrepresentations
made on or after such date.
SEC. 904. DESIGNATIONS OF FOREIGN TERRORIST ORGANI-
ZATIONS.
Section 219 (8 U.S.C. 1189) is amended—
(1) by striking ‘‘Secretary’’ each place such
term appears, excluding subparagraphs (A) and (C)
232
of subsection (a)(2), and inserting ‘‘official specified
under subsection (d)’’;
(2) in subsection (c)—
(A) in paragraph (2), by adding ‘‘and’’ at
the end;
(B) in paragraph (3), by striking ‘‘; and’’
at the end and inserting a period; and
(C) by striking paragraph (4); and
(3) by adding at the end the following:
‘‘(d) IMPLEMENTATION OF DUTIES AND AUTHORI-
TIES.—
‘‘(1) BY SECRETARY OR ATTORNEY GENERAL.—
Except as otherwise provided in this subsection, the
duties under this section shall, and authorities under
this section may, be exercised by—
‘‘(A) the Secretary of State—
‘‘(i) after consultation with the Sec-
retary of the Treasury and with the con-
currence of the Attorney General; or
‘‘(ii) upon instruction by the Director
of Homeland Security pursuant to para-
graph (2); or
‘‘(B) the Attorney General—
233
‘‘(i) after consultation with the Sec-
retary of the Treasury and with the con-
currence of the Secretary of State; or
‘‘(ii) upon instruction by the Director
of Homeland Security pursuant to para-
graph (2).
‘‘(2) CONCURRENCE.—The Secretary of State
and the Attorney General shall each seek the other’s
concurrence in accordance with paragraph (1). In
any case in which such concurrence is denied or
withheld, the official seeking the concurrence shall
so notify the Director of Homeland Security and
shall request the Director of Homeland Security to
make a determination as to how the issue shall be
resolved. Such notification and request of the Direc-
tor of Homeland Security may not be made before
the earlier of—
‘‘(A) the date on which a denial of concur-
rence is received; or
‘‘(B) the end of the 60-day period begin-
ning on the date the concurrence was sought.
‘‘(3) EXCEPTION.—It shall be the duty of the
Secretary of State to carry out the procedural re-
quirements of paragraphs (2)(A) and (6)(B) of sub-
section (a) in all cases, including cases in which a