‘‘(iv) reasonable access to counsel and
representatives; and
‘‘(v) reasonable access to materials
necessary in preparing an asylum claim.’’.
SEC. 5. INCREASED RESOURCES FOR ASYLUM ADJUDICA-
TIONS.
(a) FUNDS FORMERLY USED FOR INS ASYLUM AD-
JUDICATIONS TO BE USED FOR CENTRAL ASYLUM OF-
FICE.—Section 286(n) (8 U.S.C. 1356(n)) is amended by
adding at the end the following: ‘‘The Attorney General
shall ensure that from the funds deposited in such ac-
count, an amount not less than the amount allocated in
fiscal year 1993 to the Department of Justice, Immigra-
tion and Naturalization Service, Office of Refugees Asy-
lum and Parole, for adjudicating asylum claims in fiscal
year 1993 be provided each fiscal year to the Central Asy-
lum Office in the Executive Office of Immigration Review,
for the purposes of carrying out adjudication procedures
in section 208(b).’’.
(b) INCREASE IN NUMBER OF ASYLUM OFFICERS
AND ASYLUM IMMIGRATION JUDGES.—Beginning in fiscal
year 1994 and for each subsequent fiscal year for which
the number of pending asylum adjudications at the end
of the preceding fiscal year exceeds 50,000, there are au-
thorized to be appropriated for the Department of Justice,
Executive Office of Immigration Review, such sums as
may be necessary to provide for—
(1) an increase in the number of asylum offi-
cers so that the average level of such personnel for
such fiscal year is at least 100 percent higher than
such level for fiscal year 1993,
(2) an increase in special inquiry officers so
that the number of such personnel is at least 100
percent higher than such level for fiscal year 1993,
and
(3) an increase in the number of clerks, trial at-
torneys, support staff, and requisite materials nec-
essary to support the increased personnel under
paragraphs (1) and (2).
SEC. 6. REPORT TO CONGRESS ON REDUCTION IN BACK-
LOG OF PENDING ASYLUM CASES.
Not later than 180 days after the date of the enact-
ment of this Act, the Attorney General shall submit to
the Judiciary Committees of the House and Senate a re-
port detailing the nature of the backlog in adjudicating
asylum claims. Such report shall include—
(1) an assessment of the number of applicants
awaiting asylum adjudications and the length of
time they have been waiting;
(2) an assessment of the number, nature, and
sizes of specific identifiable classes of aliens awaiting
adjudication;
(3) recommendations on administrative meas-
ures that the Department of Justice can take to
eliminate the backlog in asylum adjudications; and
(4) recommendations on actions Congress can
take to eliminate the backlog, with specific emphasis
on eliminating the backlog in instances where there
are large classes of pending asylum cases.
SEC. 7. USE OF IMMIGRATION EMERGENCY FUND.
Section 404(b) (8 U.S.C. 1101 note) is amended—
(1) in paragraph (2)(A), by striking ‘‘Funds’’
and inserting ‘‘Notwithstanding any other provision
of this section, except as provided in paragraph (3),
funds’’, and
(2) by adding at the end the following new
paragraph:
‘‘(3) The Attorney General may use up to
$15,000,000 of this fund to manage large and sudden
numbers of asylum applicants arriving at or attempting
to land or enter the United States, including the territorial
waters of the United States and ports of entry. For the
purposes of this paragraph, the requirement of paragraph
(1) that an immigration emergency be determined shall
not apply.’’.
SEC. 8. DEFINITIONS.
Section 101(a) (8 U.S.C. 1101(a)) is amended by
adding at the end the following new paragraphs:
‘‘(47) The term ‘frivolous’ means, with respect to a
claim for asylum, a claim that—
‘‘(A) the grounds of the claim are outside the
scope of the definition of a refugee under this sec-
tion;
‘‘(B) the claim is totally lacking in substance;
or
‘‘(C) the claim is manifestly lacking in any
credibility.
‘‘(48) The term ‘firmly resettled’ means, after an
alien’s entry into a country of refuge, the alien’s receipt
of an offer of permanent resident status, citizenship, or
some other type of permanent resettlement unless the
alien establishes that—
‘‘(A) the entry into that country was a nec-
essary consequence of the flight from persecution,
that the alien remained in the country only as long
as was necessary to arrange onward travel, and that
the alien did not establish significant ties in that
country, or
‘‘(B) the conditions of residence in that country
were so substantially and consciously restricted by
the authorities of that country that the alien was not
in fact resettled, taking into account the conditions
under which other residents of that country live, the
type of housing made available to the alien, whether
permanent or temporary, the types and extent of
employment available to the alien, whether perma-
nent or temporary, and the extent to which the alien
received permission to hold property and to enjoy
other rights and privileges ordinarily available to
other residents in the country such as travel docu-
mentation (including documentation for a right of
entry or reentry), education, public relief, or natu-
ralization.’’.
SEC. 9. EFFECTIVE DATE.
Except as otherwise provided, the amendments made
by this Act shall take effect 90 days after the enactment
of this Act.
Æ
HR 3223 IH——2