I
103D CONGRESS
1ST SESSION
H. R. 3663
To reaffirm the obligation of the United States to refrain from the involuntary
return of refugees outside the United States, designate Haiti under
Temporary Protected Status, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 22, 1993
Mrs. MEEK (for herself, Mr. GILMAN, Ms. BROWN of Florida, Mr. OWENS,
Mr. MFUME, Mr. TOWNS, Mr. RUSH, Mrs. CLAYTON, Mr. SCOTT, Mr.
LEWIS of Georgia, Mr. WATT, Mr. HILLIARD, Mr. ROMERO-BARCELO´,
Miss COLLINS of Michigan, Mr. FLAKE, Mr. TUCKER, Ms. WATERS, Mr.
JEFFERSON, Mr. PAYNE of New Jersey, Mr. RANGEL, Ms. PELOSI, Mr.
WYNN, Mr. JACOBS, Mr. FRANK of Massachusetts, Ms. EDDIE BERNICE
JOHNSON of Texas, Mr. CONYERS, Mr. HASTINGS, Mr. FOGLIETTA, Ms.
MCKINNEY, Mr. SERRANO, Mr. WASHINGTON, Mr. DE LUGO, Mr.
CLYBURN, Mr. ENGEL, and Mr. DELLUMS) introduced the following bill;
which was referred jointly to the Committees on Foreign Affairs and the
Judiciary
A BILL
To reaffirm the obligation of the United States to refrain
from the involuntary return of refugees outside the Unit-
ed States, designate Haiti under Temporary Protected
Status, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Haitian Refugee Fair-
ness Act’’.
SEC. 2. ADHERENCE TO INTERNATIONAL LAW REQUIRE-
MENT OF NONREFOULEMENT.
(a) CONGRESSIONAL STATEMENT.—It is the sense of
the Congress that Article 33 of the Convention Relating
to the Status of Refugees (done at Geneva, July 28,
1951), as applied under Article I of the Protocol Relating
to the Status of Refugees (done at New York, January
31, 1967), imposes an obligation upon states which are
party to the Protocol that applies wherever the states act
and without territorial limitation, and Congress reaffirms
that this Article 33 obligation applies to actions of the
United States with respect to individuals within and with-
out the territorial boundaries of the United States.
(b) OBLIGATIONS OUTSIDE THE UNITED STATES.—
The United States Government shall not return, cause to
be returned, or affect the movement in any manner which
results in returning, a national or habitual resident of a
country, who is outside the territorial boundaries of the
country of nationality or residence to the territory where
the individual’s life or freedom would be threatened, and
no funds may be expended without respect to any such
return, unless the United States Government first deter-
mines in a manner that incorporates procedural safe-
guards consistent with internationally endorsed standards
and guidelines that such individual is not a refugee of such
country under Article 1 of the Convention Relating to the
Status of Refugees (done at Geneva July 28, 1951) as
applied under Article I of the United Nations Protocol Re-
lating to the Status of Refugees (done at New York, Janu-
ary 31, 1967) or a person designated under Article 33
of the Convention Relating to the Status of Refugees.
(c) OBLIGATIONS WITHIN THE TERRITORIAL WA-
TERS OF ANOTHER COUNTRY.—The United States Gov-
ernment shall not return, cause to be returned, or affect
the movement in any manner which results in returning,
a national or habitual resident of a country, who is within
the territorial waters of his or her country of nationality
or habitual residence, to the land frontier or territorial
land of the country of nationality or residence where the
individual’s life or freedom would be threatened, and no
funds may be expended with respect to any such return,
unless the United States Government first determines in
a manner that incorporates procedural safeguards consist-
ent with internationally endorsed standards and guidelines
that if that individual were outside the territory of the
country of nationality or habitual residence such individ-
ual would not be a refugee of such country under Article
I of the Convention Relating to the Status of Refugees
(done at Geneva, July 28, 1951) as applied under Article
I of the United National Protocol Relating to the Status
of Refugees (done at New York), January 31, 1967) or
a person designated under Article 33 of the Convention
Relating to the Status of Refugees. This subsection shall
not constitute authority for conducting operations by the
United States Government within the territorial waters of
another country.
(d) LIMITATIONS.—The provisions of this section do
not apply to an individual if—
(1) such individual ordered, incited, assisted, or
otherwise participated in the persecution of any per-
son on account of race, religion, nationality, mem-
bership in a particular social group or political opin-
ion; or
(2) such individual, having been convicted by a
final judgment of an aggravated felony (as defined
in section 101(a)(43) of the Immigration and Na-
tionality Act), constitutes a danger to the commu-
nity of the United States.
(e) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to impose new obligations on the
Government of the United States in its treatment of na-
tionals and habitual residents of a country at United
States diplomatic and consular missions in that country.
SEC. 3. TEMPORARY PROTECTED STATUS FOR HAITIANS.
(a) DESIGNATION.—
(1) IN GENERAL.—Haiti is hereby designated
under section 244A(b) of the Immigration and Na-
tionality Act (8 U.S.C. 1254a(b)), subject to the
provisions of this section.
(2) PERIOD OF DESIGNATION.—Such designa-
tion shall take effect on the date of the enactment
of this Act and shall remain in effect for a period
of 24 months from the date of enactment of this Act
or until such time as the President certifies to Con-
gress that a democratically elected government is se-
curely in place in Haiti, whichever occurs later.
(b) ALIENS ELIGIBLE.—In applying section 244A of
the Immigration and Nationality Act pursuant to the des-
ignation under this section, subject to section 244A(c)(3)
of such Act, an alien who is a national of Haiti meets
the requirement of section 244A(c)(1) of such Act only
if—
(1) the alien has been continuously physically
present in the United States since November 17,
1993;
(2) the alien is admissible as an immigrant, ex-
cept 
as 
otherwise 
provided 
under 
section
244A(c)(2)(A) of such Act and is not ineligible for
temporary 
protected 
status 
under 
section
244A(c)(2)(B) of such Act; and
(3) the alien registers for temporary protected
status in a manner which the Attorney General shall
establish.
(c) 
REGISTRATION
FEE.—Subject 
to 
section
244A(c)(3) of the Immigration and Nationality Act, the
Attorney General may provide for the payment of a fee
as a condition of registering an alien under subsection (b)
of this section.
SEC. 4. REIMBURSEMENT FOR STATE AND LOCAL GOVERN-
MENT COSTS.
Notwithstanding any other provision of law, the At-
torney General shall reimburse from funds authorized
under section 404(b)(1) of the Immigration and National-
ity Act, State and local governments for incremental costs
associated with Haitian nationals who are paroled into the
United States by the Immigration and Naturalization
Service under section 212(d)(5) of the Immigration and
Nationality Act.
SEC. 5. FUNDING FOR COMMUNITY RELATIONS SERVICE OF
THE UNITED STATES DEPARTMENT OF JUS-
TICE AND CUBAN/HAITIAN PRIMARY SECOND-
ARY 
MIGRATION 
PROGRAM 
FOR 
FISCAL
YEARS 1994, 1995 AND 1996.
(a) COMMUNITY RELATIONS SERVICE.—Of the funds
appropriated for the United States Department of Justice
for fiscal years 1994, 1995, and 1996, not less than
$27,000,000 shall be made available in each fiscal year
to the Community Relations Service.
(b) CUBAN/HAITIAN PRIMARY SECONDARY MIGRA-
TION PROGRAM.—Of the funds referred to in subsection
(a), not less than $6,000,000 in each of fiscal years 1994,
1995, and 1996 shall be used to provide primary and sec-
ondary resettlement services for Cubans and Haitians pa-
roled into the United States by the Immigration and Nat-
uralization Service under section 212(d)(5) of the Immi-
gration and Nationality Act.
SEC. 6. CUBAN/HAITIAN ENTRANT EMERGENCY FUND.
Section 404 of the Immigration and Nationality Act
(8 U.S.C. 1101, note.) is amended by adding at the end
the following new subsection:
‘‘(c) CUBAN/HAITIAN ENTRANT EMERGENCY FUND.
‘‘(1) AUTHORIZATION
OF
APPROPRIATIONS.—
There are authorized to be appropriated for fiscal
year 1994 and any subsequent fiscal year to a
Cuban/Haitian Entrant Emergency Fund to be es-
tablished in the Treasury, an amount sufficient to
provide for a balance of $5,000,000 in such fund, to
be used to carry out the purposes described in para-
graph (3).
‘‘(2) CONDITIONS FOR USE OF FUND.—Funds
which are authorized to be appropriated by para-
graph (1) shall be available whenever—
‘‘(A) the number of Cubans and Haitians
paroled into the United States by the Immigra-
tion and Naturalization Service under section
212(d)5 of the Immigration and Nationality
Act in a single fiscal year has exceeded the esti-
mate made by the Attorney General as required
in paragraph (4), and
‘‘(B) funds appropriated for the Cuban/
Haitian Primary/Secondary Resettlement Pro-
gram are inadequate to provide primary and
secondary resettlement services at the fiscal
year 1993 funding and service level.
‘‘(3) lll. Funds which are authorized to be
appropriated by paragraph (1) shall be available
solely for the purpose of assisting with the process-
ing, placement and reception of Cubans and Hai-
tians paroled into the United States by the Immigra-
tion and Naturalization Service under section
212(d)(5) of the Immigration and Nationality Act.
‘‘(4) ANNUAL ESTIMATION OF CUBAN AND HAI-
TIAN PAROLEES.
‘‘(A) The Attorney General of the United
States shall submit each year, concurrent with
the President’s annual budget request, an esti-
mate of the number of Cubans and Haitians
who are expected to be paroled into the United
States under section 212(d)(5) of the Immigra-
tion and Nationality Act in the next fiscal year.
Such estimate shall be made independently
from the budget request for any programs for
Cuban and Haitian parolees.
‘‘(B) In determining the estimate required
by paragraph (4)(A), the Attorney General shall
take into consideration a number of factors, in-
cluding but not limited to—
‘‘(i) previous experience and current
trends in the number of Cubans and Hai-
tians paroled into the United States under
section 212(d)(5) of the Immigration and
Nationality Act, and
‘‘(ii) 
political 
circumstances 
and
trends in Cuba and Haiti.’’.