1769
ignated entity, that designated entity, to
examine individual applications.
‘‘(B) REQUIRED
DISCLOSURES.—The At-
torney General shall provide the information
furnished under this section, and any other in-
formation derived from such furnished informa-
tion, to a duly recognized law enforcement en-
tity in connection with a criminal investigation
or prosecution, when such information is re-
quested in writing by such entity, or to an offi-
cial coroner for purposes of affirmatively identi-
fying a deceased individual (whether or not
such individual is deceased as a result of a
crime).
‘‘(C) 
AUTHORIZED
DISCLOSURES.—The
Attorney General may provide, in the Attorney
General’s discretion, for the furnishing of infor-
mation furnished under this section in the same
manner and circumstances as census informa-
tion may be disclosed by the Secretary of Com-
merce under section 8 of title 13, United States
Code.
‘‘(D) CONSTRUCTION.—
‘‘(i) IN
GENERAL.—Nothing in this
paragraph shall be construed to limit the
1770
use, or release, for immigration enforce-
ment purposes or law enforcement pur-
poses of information contained in files or
records of the Service pertaining to an ap-
plication filed under this section, other
than information furnished by an applicant
pursuant to the application, or any other
information derived from the application,
that is not available from any other source.
‘‘(ii) CRIMINAL CONVICTIONS.—Informa-
tion concerning whether the applicant has
at any time been convicted of a crime may
be used or released for immigration en-
forcement or law enforcement purposes.
‘‘(E) CRIME.—Whoever knowingly uses,
publishes, or permits information to be exam-
ined in violation of this paragraph shall be fined
not more than $10,000.’’.
(b) SPECIAL AGRICULTURAL WORKERS.—Sec-
tion 210(b)(6) (8 U.S.C. 1160(b)(6)) is amended to read
as follows:
‘‘(6) CONFIDENTIALITY OF INFORMATION.—
‘‘(A) IN GENERAL.—Except as provided in
this paragraph, neither the Attorney General,
nor any other official or employee of the De-
1771
partment of Justice, or bureau or agency there-
of, may—
‘‘(i) use the information furnished by
the applicant pursuant to an application
filed under this section for any purpose
other than to make a determination on the
application, 
including 
a 
determination
under subsection (a)(3)(B), or for enforce-
ment of paragraph (7);
‘‘(ii) make any publication whereby
the information furnished by any particu-
lar individual can be identified; or
‘‘(iii) permit anyone other than the
sworn officers and employees of the De-
partment or bureau or agency or, with re-
spect to applications filed with a des-
ignated entity, that designated entity, to
examine individual applications.
‘‘(B) REQUIRED
DISCLOSURES.—The At-
torney General shall provide information fur-
nished under this section, and any other infor-
mation derived from such furnished informa-
tion, to a duly recognized law enforcement en-
tity in connection with a criminal investigation
or prosecution, when such information is re-
1772
quested in writing by such entity, or to an offi-
cial coroner for purposes of affirmatively identi-
fying a deceased individual (whether or not
such individual is deceased as a result of a
crime).
‘‘(C) CONSTRUCTION.—
‘‘(i) IN
GENERAL.—Nothing in this
paragraph shall be construed to limit the
use, or release, for immigration enforce-
ment purposes or law enforcement pur-
poses of information contained in files or
records of the Service pertaining to an ap-
plication filed under this section, other
than information furnished by an applicant
pursuant to the application, or any other
information derived from the application,
that is not available from any other source.
‘‘(ii) CRIMINAL CONVICTIONS.—Infor-
mation concerning whether the applicant
has at any time been convicted of a crime
may be used or released for immigration
enforcement or law enforcement purposes.
‘‘(D) CRIME.—Whoever knowingly uses,
publishes, or permits information to be exam-
1773
ined in violation of this paragraph shall be fined
not more than $10,000.’’.
SEC. 624. CONTINUED VALIDITY OF LABOR CERTIFI-
CATIONS AND CLASSIFICATION PETITIONS
FOR PROFESSIONAL ATHLETES.
(a) LABOR CERTIFICATION.—Section 212(a)(5)(A)
(8 U.S.C. 1182(a)(5)(A)) is amended by adding at the end
the following:
‘‘(iii) PROFESSIONAL ATHLETES.—
‘‘(I) IN
GENERAL.—A certifi-
cation made under clause (i) with re-
spect to a professional athlete shall
remain valid with respect to the ath-
lete after the athlete changes em-
ployer, if the new employer is a team
in the same sport as the team which
employed the athlete when the athlete
first applied for the certification.
‘‘(II) 
DEFINITION.—For 
pur-
poses of subclause (I), the term ‘pro-
fessional athlete’ means an individual
who is employed as an athlete by—
‘‘(aa) a team that is a mem-
ber of an association of 6 or
more professional sports teams
1774
whose total combined revenues
exceed $10,000,000 per year, if
the association governs the con-
duct of its members and regu-
lates the contests and exhibitions
in which its member teams regu-
larly engage; or
‘‘(bb) 
any 
minor 
league
team that is affiliated with such
an association.’’.
(b) CLASSIFICATION PETITIONS.—Section 204 (8
U.S.C. 1154) is amended by adding at the end the follow-
ing:
‘‘(i) PROFESSIONAL ATHLETES.—
‘‘(1) IN GENERAL.—A petition under subsection
(a)(4)(D) for classification of a professional athlete
shall remain valid for the athlete after the athlete
changes employers, if the new employer is a team in
the same sport as the team which was the employer
who filed the petition.
‘‘(2) DEFINITION.—For purposes of paragraph
(1), the term ‘professional athlete’ means an individ-
ual who is employed as an athlete by—
‘‘(A) a team that is a member of an asso-
ciation of 6 or more professional sports teams
1775
whose 
total 
combined 
revenues 
exceed
$10,000,000 per year, if the association governs
the conduct of its members and regulates the
contests and exhibitions in which its member
teams regularly engage; or
‘‘(B) any minor league team that is affili-
ated with such an association.’’.
SEC. 625. FOREIGN STUDENTS.
(a) LIMITATIONS.—
(1) IN GENERAL.—Section 214 (8 U.S.C. 1184)
is amended by adding at the end the following new
subsection:
‘‘(l)(1) An alien may not be accorded status as a non-
immigrant under section 101(a)(15)(F)(i) in order to pur-
sue a course of study—
‘‘(A) at a public elementary school or in a pub-
licly funded adult education program; or
‘‘(B) at a public secondary school unless—
‘‘(i) the aggregate period of such status at
such a school does not exceed 12 months with
respect to any alien, and (ii) the alien dem-
onstrates that the alien has reimbursed the
local educational agency that administers the
school for the full, unsubsidized per capita cost
1776
of providing education at such school for the
period of the alien’s attendance.
‘‘(2) An alien who obtains the status of a non-
immigrant under section 101(a)(15)(F)(i) in order to pur-
sue a course of study at a private elementary or secondary
school or in a language training program that is not pub-
licly funded shall be considered to have violated such sta-
tus, and the alien’s visa under section 101(a)(15)(F) shall
be void, if the alien terminates or abandons such course
of study at such a school and undertakes a course of study
at a public elementary school, in a publicly funded adult
education program, in a publicly funded adult education
language training program, or at a public secondary school
(unless the requirements of paragraph (1)(B) are met).’’.
(2) 
CONFORMING
AMENDMENT.—Section
101(a)(15)(F) (8 U.S.C. 1101(a)(15)(F)) is amend-
ed by inserting ‘‘consistent with section 214(l)’’ after
‘‘such a course of study’’.
(b) REFERENCE TO NEW GROUND OF EXCLUSION
FOR STUDENT VISA ABUSERS.—For addition of ground
of inadmissibility for certain nonimmigrant student abus-
ers, see section 347 of this division.
(c) EFFECTIVE DATE.—The amendments made by
subsection (a) shall apply to individuals who obtain the
status of a nonimmigrant under section 101(a)(15)(F) of
1777
the Immigration and Nationality Act after the end of the
60-day period beginning on the date of the enactment of
this Act, including aliens whose status as such a non-
immigrant is extended after the end of such period.
SEC. 626. SERVICES TO FAMILY MEMBERS OF CERTAIN OF-
FICERS AND AGENTS KILLED IN THE LINE OF
DUTY.
(a) IN GENERAL.—Title II, as amended by section
205(a) of this division, is amended by adding at the end
the following new section:
‘‘TRANSPORTATION OF REMAINS OF IMMIGRATION OFFI-
CERS AND BORDER PATROL AGENTS KILLED IN THE
LINE OF DUTY
‘‘SEC. 295. (a) IN GENERAL.—To the extent pro-
vided in appropriation Acts, when an immigration officer
or border patrol agent is killed in the line of duty, the
Attorney General may pay from appropriations available
for the activity in which the officer or agent was en-
gaged—
‘‘(1) the actual and necessary expenses of
transportation of the remains of the officer or agent
to a place of burial located in any State, American
Samoa, the Commonwealth of the Northern Mariana
Islands, the Republic of the Marshall Islands, the
Federated States of Micronesia, or the Republic of
Palau;
1778
‘‘(2) travel expenses, including per diem in lieu
of subsistence, of the decedent’s spouse and minor
children to and from such site at rates not greater
than those established for official government travel
under subchapter I of chapter 57 of title 5, United
States Code; and
‘‘(3) any other memorial service authorized by
the Attorney General.
‘‘(b) PREPAYMENT.—The Attorney General may pre-
pay any expense authorized to be paid under this sec-
tion.’’.
(b) CLERICAL AMENDMENT.—The table of contents,
as amended by section 205(b) of this division, is amended
by inserting after the item relating to section 294 the fol-
lowing new item:
‘‘Sec. 295.
Transportation of remains of immigration officers and border pa-
trol agents killed in the line of duty.’’.
Subtitle C—Provisions Relating to
Visa Processing and Consular
Efficiency
SEC. 631. VALIDITY OF PERIOD OF VISAS.
(a) EXTENSION OF VALIDITY OF IMMIGRANT VISAS
TO 6 MONTHS.—Section 221(c) (8 U.S.C. 1201(c)) is
amended by striking ‘‘four months’’ and inserting ‘‘six
months’’.
1779
(b) AUTHORIZING APPLICATION
OF RECIPROCITY
RULE FOR NONIMMIGRANT VISA IN CASE OF REFUGEES
AND PERMANENT RESIDENTS.—Such section is further
amended by inserting before the period at the end of the
third sentence the following: ‘‘; except that in the case of
aliens who are nationals of a foreign country and who ei-
ther are granted refugee status and firmly resettled in an-
other foreign country or are granted permanent residence
and residing in another foreign country, the Secretary of
State may prescribe the period of validity of such a visa
based upon the treatment granted by that other foreign
country to alien refugees and permanent residents, respec-
tively, in the United States’’.
SEC. 632. ELIMINATION OF CONSULATE SHOPPING FOR
VISA OVERSTAYS.
(a) IN GENERAL.—Section 222 (8 U.S.C. 1202) is
amended by adding at the end the following:
‘‘(g)(1) In the case of an alien who has been admitted
on the basis of a nonimmigrant visa and remained in the
United States beyond the period of stay authorized by the
Attorney General, such visa shall be void beginning after
the conclusion of such period of stay.
‘‘(2) An alien described in paragraph (1) shall be in-
eligible to be readmitted to the United States as a non-
immigrant, except—
1780
‘‘(A) on the basis of a visa (other than the visa
described in paragraph (1)) issued in a consular of-
fice located in the country of the alien’s nationality
(or, if there is no office in such country, in such
other consular office as the Secretary of State shall
specify); or
‘‘(B) where extraordinary circumstances are
found by the Secretary of State to exist.’’.
(b) APPLICABILITY.—
(1) VISAS.—Section 222(g)(1) of the Immigra-
tion and Nationality Act, as added by subsection (a),
shall apply to a visa issued before, on, or after the
date of the enactment of this Act.
(2) ALIENS
SEEKING
READMISSION.—Section
222(g)(2) of the Immigration and Nationality Act,
as added by subsection (a), shall apply to any alien
applying for readmission to the United States after
the date of the enactment of this Act, except an
alien applying for readmission on the basis of a visa
that—
(A) was issued before such date; and
(B) is not void through the application of
section 222(g)(1) of the Immigration and Na-
tionality Act, as added by subsection (a).
1781
SEC. 633. AUTHORITY TO DETERMINE VISA PROCESSING
PROCEDURES.
Section 202(a)(1) (8 U.S.C. 1152(a)(1)) is amend-
ed—
(1) by inserting ‘‘(A)’’ after ‘‘NONDISCRIMINA-
TION.—’’; and
(2) by adding at the end the following:
‘‘(B) Nothing in this paragraph shall be con-
strued to limit the authority of the Secretary of
State to determine the procedures for the processing
of immigrant visa applications or the locations where
such applications will be processed.’’.
SEC. 634. CHANGES REGARDING VISA APPLICATION PROC-
ESS.
(a) NONIMMIGRANT APPLICATIONS.—Section 222(c)
(8 U.S.C. 1202(c)) is amended—
(1) by striking ‘‘personal description’’ through
‘‘marks of identification);’’;
(2) by striking ‘‘applicant’’ and inserting ‘‘ap-
plicant, the determination of his eligibility for a non-
immigrant visa,’’; and
(3) by adding at the end the following: ‘‘At the
discretion of the Secretary of State, application
forms for the various classes of nonimmigrant ad-
missions described in section 101(a)(15) may vary
according to the class of visa being requested.’’.
1782
(b) DISPOSITION OF APPLICATIONS.—Section 222(e)
(8 U.S.C. 1202(e)) is amended—
(1) in the first sentence, by striking ‘‘required
by this section’’ and inserting ‘‘for an immigrant
visa’’; and
(2) in the fourth sentence—
(A) by striking ‘‘stamp’’ and inserting
‘‘stamp, or other
(B) by striking ‘‘by the consular officer’’.
SEC. 635. VISA WAIVER PROGRAM.
(a) ELIMINATION
OF
JOINT
ACTION
REQUIRE-
MENT.—Section 217 (8 U.S.C. 1187) is amended—
(1) in subsection (a), by striking ‘‘Attorney
General and the Secretary of State, acting jointly’’
and inserting ‘‘Attorney General, in consultation
with the Secretary of State’’;
(2) in subsection (c)(1), by striking ‘‘Attorney
General and the Secretary of State acting jointly’’
and inserting ‘‘Attorney General, in consultation
with the Secretary of State,’’; and
(3) in subsection (d), by striking ‘‘Attorney
General and the Secretary of State, acting jointly,’’
and inserting ‘‘Attorney General, in consultation
with the Secretary of State,’’.
1783
(b) EXTENSION OF PROGRAM.—Section 217(f) (8
U.S.C. 1187(f)) is amended by striking ‘‘1996’’ and in-
serting ‘‘1997.’’.
(c) DURATION AND TERMINATION OF DESIGNATION
OF PILOT PROGRAM COUNTRIES.—
(1) IN
GENERAL.—Section 217(g) (8 U.S.C.
1187(g)) is amended to read as follows:
‘‘(g) DURATION
AND TERMINATION
OF DESIGNA-
TION.—
‘‘(1) IN GENERAL.—
‘‘(A) DETERMINATION AND NOTIFICATION
OF DISQUALIFICATION RATE.—Upon determina-
tion by the Attorney General that a pilot pro-
gram country’s disqualification rate is 2 percent
or more, the Attorney General shall notify the
Secretary of State.
‘‘(B) PROBATIONARY STATUS.—If the pro-
gram country’s disqualification rate is greater
than 2 percent but less than 3.5 percent, the
Attorney General shall place the program coun-
try in probationary status for a period not to
exceed 2 full fiscal years following the year in
which the determination under subparagraph
(A) is made.
1784
‘‘(C) TERMINATION
OF
DESIGNATION.—
Subject to paragraph (3), if the program coun-
try’s disqualification rate is 3.5 percent or
more, the Attorney General shall terminate the
country’s designation as a pilot program coun-
try effective at the beginning of the second fis-
cal year following the fiscal year in which the
determination under subparagraph (A) is made.
‘‘(2) TERMINATION
OF
PROBATIONARY
STA-
TUS.—
‘‘(A) IN GENERAL.—If the Attorney Gen-
eral determines at the end of the probationary
period described in paragraph (1)(B) that the
program country placed in probationary status
under such paragraph has failed to develop a
machine-readable passport program as required
by section (c)(2)(C), or has a disqualification
rate of 2 percent or more, the Attorney General
shall terminate the designation of the country
as a pilot program country. If the Attorney
General determines that the program country
has developed a machine-readable passport pro-
gram and has a disqualification rate of less
than 2 percent, the Attorney General shall re-
1785
designate the country as a pilot program coun-
try.
‘‘(B) EFFECTIVE DATE.—A termination of
the designation of a country under subpara-
graph (A) shall take effect on the first day of
the first fiscal year following the fiscal year in
which the determination under such subpara-
graph is made. Until such date, nationals of the
country shall remain eligible for a waiver under
subsection (a).
‘‘(3) NONAPPLICABILITY
OF
CERTAIN
PROVI-
SIONS.—Paragraph (1)(C) shall not apply unless the
total number of nationals of a pilot program country
described in paragraph (4)(A) exceeds 100.
‘‘(4) DEFINITION.—For purposes of this sub-
section, the term ‘disqualification rate’ means the
percentage which—
‘‘(A) the total number of nationals of the
pilot program country who were—
‘‘(i) excluded from admission or with-
drew their application for admission during
the most recent fiscal year for which data
are available; and
1786
‘‘(ii) admitted as nonimmigrant visi-
tors during such fiscal year and who vio-
lated the terms of such admission; bears to
‘‘(B) the total number of nationals of such
country who applied for admission as non-
immigrant visitors during such fiscal year.’’.
(2) TRANSITION.—A country designated as a
pilot program country with probationary status
under section 217(g) of the Immigration and Na-
tionality Act (as in effect on the day before the date
of the enactment of this Act) shall be considered to
be designated as a pilot program country on and
after such date, subject to placement in probationary
status or termination of such designation under such
section (as amended by paragraph (1)).
(3) 
CONFORMING
AMENDMENT.—Section
217(a)(2)(B) (8 U.S.C. 1187(a)(2)(B)) is amended
by striking ‘‘or is’’ through ‘‘subsection (g).’’ and in-
serting a period.
SEC. 636. FEE FOR DIVERSITY IMMIGRANT LOTTERY.
The Secretary of State may establish a fee to be paid
by each applicant for an immigrant visa described in sec-
tion 203(c) of the Immigration and Nationality Act. Such
fee may be set at a level that will ensure recovery of the
cost to the Department of State of allocating visas under
1787
such section, including the cost of processing all applica-
tions thereunder. All fees collected under this section shall
be used for providing consular services. All fees collected
under this section shall be deposited as an offsetting col-
lection to any Department of State appropriation and shall
remain available for obligations until expended. The provi-
sions of the Act of August 18, 1856 (11 Stat. 58; 22
U.S.C. 4212–4214), concerning accounting for consular
fees, shall not apply to fees collected under this section.
SEC. 637. ELIGIBILITY FOR VISAS FOR CERTAIN POLISH AP-
PLICANTS FOR THE 1995 DIVERSITY IMMI-
GRANT PROGRAM.
(a) IN GENERAL.—The Attorney General, in con-
sultation with the Secretary of State, shall include among
the aliens selected for diversity immigrant visas for fiscal
year 1997 pursuant to section 203(c) of the Immigration
and Nationality Act any alien who, on or before September
30, 1995—
(1) was selected as a diversity immigrant under
such section for fiscal year 1995;
(2) applied for adjustment of status to that of
an alien lawfully admitted for permanent residence
pursuant to section 245 of such Act during fiscal
year 1995, and whose application, and any associ-
1788
ated fees, were accepted by the Attorney General, in
accordance with applicable regulations;
(3) was not determined by the Attorney General
to be excludable under section 212 of such Act or in-
eligible under section 203(c)(2) of such Act; and
(4) did not become an alien lawfully admitted
for permanent residence during fiscal year 1995.
(b) PRIORITY.—The aliens selected under subsection
(a) shall be considered to have been selected for diversity
immigrant visas for fiscal year 1997 prior to any alien
selected under any other provision of law.
(c) REDUCTION OF IMMIGRANT VISA NUMBER.—For
purposes of applying the numerical limitations in sections
201 and 203(c) of the Immigration and Nationality Act,
aliens selected under subsection (a) who are granted an
immigrant visa shall be treated as aliens granted a visa
under section 203(c) of such Act.
Subtitle D—Other Provisions
SEC. 641. PROGRAM TO COLLECT INFORMATION RELATING
TO NONIMMIGRANT FOREIGN STUDENTS AND
OTHER EXCHANGE PROGRAM PARTICIPANTS.
(a) IN GENERAL.—
(1) PROGRAM.—The Attorney General, in con-
sultation with the Secretary of State and the Sec-
retary of Education, shall develop and conduct a
1789
program to collect from approved institutions of
higher education and designated exchange visitor
programs in the United States the information de-
scribed in subsection (c) with respect to aliens
who—
(A) have the status, or are applying for the
status, of nonimmigrants under subparagraph
(F), (J), or (M) of section 101(a)(15) of the
Immigration and Nationality Act; and
(B) are nationals of the countries des-
ignated under subsection (b).
(2) DEADLINE.—The program shall commence
not later than January 1, 1998.
(b) COVERED COUNTRIES.—The Attorney General,
in consultation with the Secretary of State, shall designate
countries for purposes of subsection (a)(1)(B). The Attor-
ney General shall initially designate not less than 5 coun-
tries and may designate additional countries at any time
while the program is being conducted.
(c) INFORMATION TO BE COLLECTED.—
(1) IN GENERAL.—The information for collec-
tion under subsection (a) with respect to an alien
consists of—
(A) the identity and current address in the
United States of the alien;
1790
(B) the nonimmigrant classification of the
alien and the date on which a visa under the
classification was issued or extended or the date
on which a change to such classification was
approved by the Attorney General;
(C) in the case of a student at an approved
institution of higher education, the current aca-
demic status of the alien, including whether the
alien is maintaining status as a full-time stu-
dent or, in the case of a participant in a des-
ignated exchange visitor program, whether the
alien is satisfying the terms and conditions of
such program; and
(D) in the case of a student at an ap-
proved institution of higher education, any dis-
ciplinary action taken by the institution against
the alien as a result of the alien’s being con-
victed of a crime or, in the case of a participant
in a designated exchange visitor program, any
change in the alien’s participation as a result of
the alien’s being convicted of a crime.
(2) FERPA.—The Family Educational Rights
and Privacy Act of 1974 shall not apply to aliens de-
scribed in subsection (a) to the extent that the At-
1791
torney General determines necessary to carry out the
program under subsection (a).
(3) ELECTRONIC
COLLECTION.—The informa-
tion described in paragraph (1) shall be collected
electronically, where practicable.
(4) COMPUTER SOFTWARE.—
(A) COLLECTING
INSTITUTIONS.—To the
extent practicable, the Attorney General shall
design the program in a manner that permits
approved institutions of higher education and
designated exchange visitor programs to use ex-
isting software for the collection, storage, and
data processing of information described in
paragraph (1).
(B) ATTORNEY GENERAL.—To the extent
practicable, the Attorney General shall use or
enhance existing software for the collection,
storage, and data processing of information de-
scribed in paragraph (1).
(d) PARTICIPATION BY INSTITUTIONS OF HIGHER
EDUCATION AND EXCHANGE VISITOR PROGRAMS.—
(1) CONDITION.—The information described in
subsection (c) shall be provided by as a condition
of—
1792
(A) in the case of an approved institution
of higher education, the continued approval of
the institution under subparagraph (F) or (M)
of section 101(a)(15) of the Immigration and
Nationality Act; and
(B) in the case of an approved institution
of higher education or a designated exchange
visitor program, the granting of authority to
issue documents to an alien demonstrating the
alien’s eligibility for a visa under subparagraph
(F), (J), or (M) of section 101(a)(15) of such
Act.
(2) EFFECT OF FAILURE TO PROVIDE INFOR-
MATION.—If an approved institution of higher edu-
cation or a designated exchange visitor program fails
to provide the specified information, such approvals
and such issuance of visas shall be revoked or de-
nied.
(e) FUNDING.—
(1) IN GENERAL.—Beginning on April 1, 1997,
an approved institution of higher education and a
designated exchange visitor program shall impose
on, and collect from, each alien described in para-
graph (3), with respect to whom the institution or
program is required by subsection (a) to collect in-
1794
the fee to be imposed on, and collected from, an
alien under paragraph (1). Except as provided
in subsection (g)(2), the fee imposed on any in-
dividual may not exceed $100. The amount of
the fee shall be based on the Attorney General’s
estimate of the cost per alien of conducting the
information collection program described in this
section.
(B) USE.—Fees collected under paragraph
(1) shall be deposited as offsetting receipts into
the Immigration Examinations Fee Account
(established under section 286(m) of the Immi-
gration and Nationality Act) and shall remain
available until expended for the Attorney Gen-
eral to reimburse any appropriation the amount
paid out of which is for expenses in carrying
out this section.
(f) JOINT REPORT.—Not later than 4 years after the
commencement of the program established under sub-
section (a), the Attorney General, the Secretary of State,
and the Secretary of Education shall jointly submit to the
Committees on the Judiciary of the Senate and the House
of Representatives a report on the operations of the pro-
gram and the feasibility of expanding the program to cover
the nationals of all countries.
1795
(g) WORLDWIDE
APPLICABILITY
OF
THE
PRO-
GRAM.—
(1) EXPANSION OF PROGRAM.—
(A) IN
GENERAL.—Not later than 6
months after the submission of the report re-
quired by subsection (f), the Attorney General,
in consultation with the Secretary of State and
the Secretary of Education, shall commence ex-
pansion of the program to cover the nationals
of all countries.
(B) DEADLINE.—Such expansion shall be
completed not later than 1 year after the date
of the submission of the report referred to in
subsection (f).
(2) REVISION OF FEE.—After the program has
been expanded, as provided in paragraph (1), the
Attorney General may, on a periodic basis, revise the
amount of the fee imposed and collected under sub-
section (e) in order to take into account changes in
the cost of carrying out the program.
(h) DEFINITIONS.—As used in this section:
(1) APPROVED INSTITUTION OF HIGHER EDU-
CATION.—The term ‘‘approved institution of higher
education’’ means a college or university approved
by the Attorney General, in consultation with the
1796
Secretary of Education, under subparagraph (F),
(J), or (M) of section 101(a)(15) of the Immigration
and Nationality Act.
(2) DESIGNATED
EXCHANGE
VISITOR
PRO-
GRAM.—The term ‘‘designated exchange visitor pro-
gram’’ means a program that has been—
(A) designated by the Director of the Unit-
ed States Information Agency for purposes of
section 101(a)(15)(J) of the Immigration and
Nationality Act; and
(B) selected by the Attorney General for
purposes of the program under this section.
SEC. 642. COMMUNICATION BETWEEN GOVERNMENT AGEN-
CIES AND THE IMMIGRATION AND NATU-
RALIZATION SERVICE.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of Federal, State, or local law, a Federal, State, or
local government entity or official may not prohibit, or in
any way restrict, any government entity or official from
sending to, or receiving from, the Immigration and Natu-
ralization Service information regarding the citizenship or
immigration status, lawful or unlawful, of any individual.
(b) ADDITIONAL AUTHORITY OF GOVERNMENT EN-
TITIES.—Notwithstanding any other provision of Federal,
State, or local law, no person or agency may prohibit, or
1797
in any way restrict, a Federal, State, or local government
entity from doing any of the following with respect to in-
formation regarding the immigration status, lawful or un-
lawful, of any individual:
(1) Sending such information to, or requesting
or receiving such information from, the Immigration
and Naturalization Service.
(2) Maintaining such information.
(3) Exchanging such information with any
other Federal, State, or local government entity.
(c) OBLIGATION TO RESPOND TO INQUIRIES.—The
Immigration and Naturalization Service shall respond to
an inquiry by a Federal, State, or local government agen-
cy, seeking to verify or ascertain the citizenship or immi-
gration status of any individual within the jurisdiction of
the agency for any purpose authorized by law, by provid-
ing the requested verification or status information.
SEC. 643. REGULATIONS REGARDING HABITUAL RESI-
DENCE.
Not later than 6 months after the date of the enact-
ment of this Act, the Commissioner of Immigration and
Naturalization shall issue regulations governing rights of
‘‘habitual residence’’ in the United States under the terms
of the following:
1798
(1) The Compact of Free Association between
the Government of the United States and the Gov-
ernments of the Marshall Islands and the Federated
States of Micronesia (48 U.S.C. 1901 note).
(2) The Compact of Free Association between
the Government of the United States and the Gov-
ernment of Palau (48 U.S.C. 1931 note).
SEC. 644. INFORMATION REGARDING FEMALE GENITAL MU-
TILATION.
(a) PROVISION OF INFORMATION REGARDING FE-
MALE GENITAL MUTILATION.—The Immigration and
Naturalization Service (in cooperation with the Depart-
ment of State) shall make available for all aliens who are
issued immigrant or nonimmigrant visas, prior to or at
the time of entry into the United States, the following in-
formation:
(1) Information on the severe harm to physical
and psychological health caused by female genital
mutilation which is compiled and presented in a
manner which is limited to the practice itself and re-
spectful to the cultural values of the societies in
which such practice takes place.
(2) Information concerning potential legal con-
sequences in the United States for (A) performing
female genital mutilation, or (B) allowing a child
1799
under his or her care to be subjected to female geni-
tal mutilation, under criminal or child protection
statutes or as a form of child abuse.
(b) LIMITATION.—In consultation with the Secretary
of State, the Commissioner of Immigration and Natu-
ralization shall identify those countries in which female
genital mutilation is commonly practiced and, to the ex-
tent practicable, limit the provision of information under
subsection (a) to aliens from such countries.
(c) DEFINITION.—For purposes of this section, the
term ‘‘female genital mutilation’’ means the removal or
infibulation (or both) of the whole or part of the clitoris,
the labia minora, or labia majora.
SEC. 645. CRIMINALIZATION OF FEMALE GENITAL MUTILA-
TION.
(a) FINDINGS.—The Congress finds that—
(1) the practice of female genital mutilation is
carried out by members of certain cultural and reli-
gious groups within the United States;
(2) the practice of female genital mutilation
often results in the occurrence of physical and psy-
chological health effects that harm the women in-
volved;
1800
(3) such mutilation infringes upon the guaran-
tees of rights secured by Federal and State law,
both statutory and constitutional;
(4) the unique circumstances surrounding the
practice of female genital mutilation place it beyond
the ability of any single State or local jurisdiction to
control;
(5) the practice of female genital mutilation can
be prohibited without abridging the exercise of any
rights guaranteed under the first amendment to the
Constitution or under any other law; and
(6) Congress has the affirmative power under
section 8 of article I, the necessary and proper
clause, section 5 of the fourteenth amendment, as
well as under the treaty clause, to the Constitution
to enact such legislation.
(b) CRIME.—
(1) IN GENERAL.—Chapter 7 of title 18, United
States Code, is amended by adding at the end the
following:
‘‘§ 116. Female genital mutilation
‘‘(a) Except as provided in subsection (b), whoever
knowingly circumcises, excises, or infibulates the whole or
any part of the labia majora or labia minora or clitoris
of another person who has not attained the age of 18 years
1801
shall be fined under this title or imprisoned not more than
5 years, or both.
‘‘(b) A surgical operation is not a violation of this
section if the operation is—
‘‘(1) necessary to the health of the person on
whom it is performed, and is performed by a person
licensed in the place of its performance as a medical
practitioner; or
‘‘(2) performed on a person in labor or who has
just given birth and is performed for medical pur-
poses connected with that labor or birth by a person
licensed in the place it is performed as a medical
practitioner, midwife, or person in training to be-
come such a practitioner or midwife.
‘‘(c) In applying subsection (b)(1), no account shall
be taken of the effect on the person on whom the operation
is to be performed of any belief on the part of that person,
or any other person, that the operation is required as a
matter of custom or ritual.’’.
(2) CONFORMING AMENDMENT.—The table of
sections at the beginning of chapter 7 of title 18,
United States Code, is amended by adding at the
end the following new item:
‘‘116. Female genital mutilation.’’.
1802
(c) EFFECTIVE DATE.—The amendments made by
subsection (b) shall take effect on the date that is 180
days after the date of the enactment of this Act.
SEC. 646. ADJUSTMENT OF STATUS FOR CERTAIN POLISH
AND HUNGARIAN PAROLEES.
(a) IN GENERAL.—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—
(1) applies for such adjustment;
(2) has been physically present in the United
States for at least 1 year and is physically present
in the United States on the date the application for
such adjustment is filed;
(3) is admissible to the United States as an im-
migrant, except as provided in subsection (c); and
(4) pays a fee (determined by the Attorney
General) for the processing of such application.
(b) ALIENS ELIGIBLE FOR ADJUSTMENT OF STA-
TUS.—The benefits provided in subsection (a) shall only
apply to an alien who—
(1) was a national of Poland or Hungary; and
(2) was inspected and granted parole into the
United States during the period beginning on No-
1803
vember 1, 1989, and ending on December 31, 1991,
after being denied refugee status.
(c) WAIVER OF CERTAIN GROUNDS FOR INADMIS-
SIBILITY.—The provisions of paragraphs (4), (5), and
(7)(A) of section 212(a) of the Immigration and National-
ity Act shall not apply to adjustment of status under this
section and the Attorney General may waive any other
provision of such section (other than paragraph (2)(C)
and subparagraphs (A), (B), (C), or (E) of paragraph (3))
with respect to such an adjustment for humanitarian pur-
poses, to assure family unity, or when it is otherwise in
the public interest.
(d) DATE OF APPROVAL.—Upon the approval of such
an application for adjustment of status, the Attorney Gen-
eral shall create a record of the alien’s admission as an
alien lawfully admitted for permanent residence as of the
date of the alien’s inspection and parole described in sub-
section (b)(2).
(e) NO OFFSET IN NUMBER OF VISAS AVAILABLE.—
When an alien is granted the status of having been law-
fully admitted for permanent residence under this section,
the Secretary of State shall not be required to reduce the
number of immigrant visas authorized to be issued under
the Immigration and Nationality Act.
1804
SEC. 647. SUPPORT OF DEMONSTRATION PROJECTS.
(a) IN GENERAL.—The Attorney General shall make
available funds under this section, in each of fiscal years
1997 through 2001, to the Commissioner of Immigration
and Naturalization or to other public or private nonprofit
entities to support demonstration projects under this sec-
tion at 10 sites throughout the United States. Each such
project shall be designed to provide for the administration
of the oath of allegiance under section 337(a) of the Immi-
gration and Nationality Act on a business day around
Independence Day to approximately 500 people whose ap-
plication for naturalization has been approved. Each
project shall provide for appropriate outreach and ceremo-
nial and celebratory activities.
(b) SELECTION OF SITES.—The Attorney General
shall, in the Attorney General’s discretion, select diverse
locations for sites on the basis of the number of natu-
ralization applicants living in proximity to each site and
the degree of local community participation and support
in the project to be held at the site. Not more than 2 sites
may be located in the same State. The Attorney General
shall consider changing the sites selected from year to
year.
(c) AMOUNTS AVAILABLE; USE OF FUNDS.—
1805
(1) AMOUNT.—The amount made available
under this section with respect to any single site for
a year shall not exceed $5,000.
(2) USE.—Funds made available under this
section may be used only to cover expenses incurred
in carrying out oath administration ceremonies at
the demonstration sites under subsection (a), includ-
ing expenses for—
(A) cost of personnel of the Immigration
and Naturalization Service (including travel and
overtime expenses);
(B) rental of space; and
(C) costs of printing appropriate brochures
and other information about the ceremonies.
(3) AVAILABILITY OF FUNDS.—Funds that are
otherwise available to the Immigration and Natu-
ralization Service to carry out naturalization activi-
ties shall be available, to the extent provided in ap-
propriation Acts, to carry out this section.
(d) APPLICATION.—In the case of an entity other
than the Immigration and Naturalization Service seeking
to conduct a demonstration project under this section, no
amounts may be made available to the entity under this
section unless an appropriate application has been made
1834
(A) by striking ‘‘APPLICATION’’ and all
that follows through ‘‘This’’ and inserting ‘‘AP-
PLICABILITY
OF
TRANSMISSION
REQUIRE-
MENTS.—This’’;
(B) by striking ‘‘any residency or other re-
tention requirements for’’ and inserting ‘‘the
application of any provision of law relating to
residence or physical presence in the United
States for purposes of transmitting United
States’’; and
(C) by striking ‘‘as in effect’’ and all that
follows through the end and inserting ‘‘to any
person whose claim is based on the amendment
made by subsection (a) or through whom such
a claim is derived.’’.
(2) Section 102 of INTCA is amended by add-
ing at the end the following:
‘‘(e) TRANSITION.—In applying the amendment made
by subsection (a) to children born before November 14,
1986, any reference in the matter inserted by such amend-
ment to ‘five years, at least two of which’ is deemed a
reference to ‘10 years, at least 5 of which’.’’.
(3) Section 351(a) (8 U.S.C. 1483(a)), as
amended by section 105(a)(2)(A) of INTCA, is
amended by striking the comma after ‘‘nationality’’.