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(2) by adding at the end of paragraph (2) the
following: ‘‘For purposes of subparagraph (A), the
ground of inadmissibility described in section
212(a)(9) shall not apply.’’.
(b) EFFECTIVE DATE.—(1) The amendment made by
subsection (a)(1) shall apply to applications for adjust-
ment of status filed after September 30, 1996.
(2) The amendment made by subsection (a)(2) shall
take effect on the title III–A effective date (as defined in
section 309(a)).
SEC. 809. LIMITED ACCESS TO CERTAIN CONFIDENTIAL INS
FILES.
(a) LEGALIZATION PROGRAM.—Section 245A(c)(5)
(8 U.S.C. 1255a(c)(5)) is amended—
(1) by redesignating subparagraphs (A) through
(C) as clauses (i) through (iii), respectively;
(2) by striking ‘‘Neither’’ and inserting ‘‘(A)
Except as provided in this paragraph, neither’’;
(3) by redesignating the last sentence as sub-
paragraph (D);
(4) by striking the semicolon and inserting a
period;
(5) by striking ‘‘except that the’’ and inserting
the following:
‘‘(B) The’’;
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(6) by inserting after subparagraph (B), as cre-
ated by the amendment made by paragraph (5), the
following:
‘‘(C) The Attorney General may authorize dis-
closure of information contained in the application of
the alien under this section to be used—
‘‘(i) for identification of the alien when
there is reason to believe that the alien has
been killed or severely incapacitated;
‘‘(ii) for criminal law enforcement purposes
against the alien whose application is to be dis-
closed if the alleged criminal activity occurred
after the legalization application was filed and
such activity involves terrorist activity or poses
either an immediate risk to life or to national
security, or would be prosecutable as an aggra-
vated felony, but without regard to the length
of sentence that could be imposed on the appli-
cant; or
‘‘(iii) for immigration enforcement pur-
poses but only if the information is the date or
disposition of the application.’’; and
(7) by adding at the end the following new sub-
paragraph:
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‘‘(E) Nothing in this paragraph shall preclude
the release for immigration enforcement purposes of
the following information contained in files or
records of the Service pertaining to the application:
‘‘(i) The immigration status of the appli-
cant on any given date after the date of filing
the application (including whether the applicant
was authorized to work).
‘‘(ii) The date of the applicant’s adjust-
ment (if any) to the status of an alien lawfully
admitted for permanent residence.
‘‘(iii) Information concerning whether the
applicant has been convicted of a crime occur-
ring after the date of filing the application.’’.
(b) SPECIAL AGRICULTURAL WORKER PROGRAM.—
Section 210(b) of such Act (8 U.S.C. 1160(b)) is amend-
ed—
(1) in paragraph (5), by inserting ‘‘, except as
permitting under paragraph (6)(B)’’ after ‘‘consent
of the alien’’;
(2) in paragraph (6)—
(A) by striking ‘‘Neither’’ and inserting
‘‘(A) Except as provided in subparagraph (B),
neither’’;
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(B) by striking ‘‘Anyone’’ and inserting
the following:
‘‘(C) Anyone’’;
(C) by inserting after the first sentence the
following:
‘‘(B) The Attorney General may authorize dis-
closure of information contained in the application of
the alien to be used—
‘‘(i) for identification of the alien when
there is reason to believe that the alien has
been killed or severely incapacitated,
‘‘(ii) for criminal law enforcement purposes
against the alien whose application is to be dis-
closed if the alleged criminal activity occurred
after the special agricultural worker application
was filed and such activity involves terrorist ac-
tivity or poses either an immediate risk to life
or to national security, or would be prosecutable
as an aggravated felony, but without regard to
the length of sentence that could be imposed on
the applicant, or
‘‘(iii) for immigration enforcement pur-
poses but only if the information is the date or
disposition of the application.’’; and
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(3) by adding at the end the following new sub-
paragraph:
‘‘(D) Nothing in this paragraph shall preclude
the release for immigration enforcement purposes of
the following information contained in files or
records of the Service pertaining to the application:
‘‘(i) The immigration status of the appli-
cant on any given date after the date of filing
the application (including whether the applicant
was authorized to work).
‘‘(ii) The date of the applicant’s adjust-
ment (if any) to the status of an alien lawfully
admitted for permanent residence.
‘‘(iii) Information concerning whether the
applicant has been convicted of a crime occur-
ring after the date of filing the application.’’.
SEC. 810. NONIMMIGRANT STATUS FOR SPOUSES AND CHIL-
DREN OF MEMBERS OF THE ARMED SERV-
ICES.
Section 101(a)(15) (8 U.S.C. 1101(a)(15)) is amend-
ed—
(1) by striking ‘‘or’’ at the end of subparagraph
(R),
(2) by striking the period at the end of sub-
paragraph (S) and inserting ‘‘; or’’, and
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(3) by inserting after subparagraph (S) the fol-
lowing new subparagraph:
‘‘(T) an alien who is the spouse or child of a
another alien who is serving on active duty in the
Armed Forces of the United States during the pe-
riod in which the other alien is stationed in the
United States.’’.
SEC. 811. COMMISSION REPORT ON FRAUD ASSOCIATED
WITH BIRTH CERTIFICATES.
Section 141 of the Immigration Act of 1990 is
amended—
(1) in subsection (b)—
(A) by striking ‘‘and’’ at the end of para-
graph (1),
(B) by striking the period at the end of
paragraph (2) and inserting ‘‘; and’’, and
(C) by adding at the end the following new
paragraph:
‘‘(3) transmit to Congress, not later than Janu-
ary 1, 1997, a report containing recommendations
(consistent with subsection (c)(3)) of methods of re-
ducing or eliminating the fraudulent use of birth
certificates for the purpose of obtaining other iden-
tity documents that may be used in securing immi-
gration, employment, or other benefits.’’; and