225 
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 
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-
226 
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-
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.
227 
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 subsection (a)(2)(C), 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.—The duties under this section shall, and authorities 
under this section may, be exercised by the Secretary of 
State, the Attorney General, or the Secretary of Homeland 
Security.’’. 
SEC. 905. FOREIGN STUDENTS. 
(a) LENGTH
OF VISA TERM.—Section 221(c) (8 
U.S.C. 1201(c)) is amended— 
(1) by striking ‘‘A nonimmigrant visa’’ and in-
serting ‘‘Except as otherwise provided by law, a non-
immigrant visa’’; and 
(2) by adding at the end the following:
228 
‘‘In the case of a nonimmigrant visa issued under subpara-
graph (F), (J), or (M) of section 101(a)(15) for study in 
the United States, the visa shall not be valid for any pe-
riod in excess of the stated period that the institution or 
place of study to which the visa relates determines is nec-
essary and proper for the purpose of achieving the objec-
tive of such study. Such determinations shall be timely 
submitted, in accordance with such regulations as the Sec-
retary of Homeland Security may prescribe, as a condition 
of the granting of authority to issue documents dem-
onstrating aliens’ eligibility for a visa under subparagraph 
(F), (J), or (M) of section 101(a)(15).’’. 
(b) ELIGIBLE INSTITUTION.—Section 214 (8 U.S.C. 
1184), as amended by section 204 of this Act, is further 
amended by adding at the end the following: 
‘‘(w) A nonimmigrant visa may not be issued under 
subparagraph (F), (J), or (M) of section 101(a)(15) for 
postsecondary study at an educational institution unless 
that institution is an eligible institution for the purpose 
of a program authorized under title IV of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1070 et seq.).’’. 
(c) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect 6 months after the date 
of the enactment of this Act. The amendment made by
229 
subsection (b) shall take effect on the date of the enact-
ment of this Act. 
SEC. 906. PAY GRADE GS–15 AVAILABLE FOR TRIAL ATTOR-
NEYS. 
There are authorized to be appropriated such sums 
as may be to establish a range for the annual rate of basic 
pay for positions as a trial attorney in the Bureau of Cus-
toms and Border Protection, the Bureau of Immigration 
and Customs Enforcement, and the Bureau of Citizenship 
and Immigration Services between the minimum annual 
rate of basic pay payable for grade GS–11 of the General 
Schedule and the maximum annual rate of basic pay pay-
able for grade GS–15 of the General Schedule. 
SEC. 907. PROOF OF IDENTITY OF ALIENS SEEKING RELIEF. 
(a) 
ASYLUM.—Section 
208(b)(2) 
(8 
U.S.C. 
1158(b)(2)) is amended by adding at the end the fol-
lowing: 
‘‘(E) PROOF OF IDENTITY.—No alien may 
be granted asylum until the alien proves the 
alien’s true identity by clear and convincing evi-
dence.’’. 
(b) ADJUSTMENT OF STATUS OF REFUGEES.—Sec-
tion 209 (8 U.S.C. 1159) is amended by adding at the 
end the following:
230 
‘‘(d) No alien may have the alien’s status adjusted 
under this section until the alien proves the alien’s true 
identity by clear and convincing evidence.’’. 
(c) CANCELLATION OF REMOVAL.—Section 240A (8 
U.S.C. 1229b) is amended by adding at the end the fol-
lowing: 
‘‘(f) PROOF OF IDENTITY.—No alien may receive re-
lief under this section until the alien proves the alien’s 
true identity by clear and convincing evidence.’’. 
(d) ADJUSTMENT OF STATUS OF NONIMMIGRANTS.— 
Section 245 (8 U.S.C. 1255) is amended— 
(1) by redesignating the subsection (l) added by 
section 1513(f) of Public Law 106–386 (114 Stat. 
1536) as subsection (m); and 
(2) by adding at the end the following: 
‘‘(n) PROOF OF IDENTITY.—No alien may have the 
alien’s status adjusted under this section until the alien 
proves the alien’s true identity by clear and convincing evi-
dence.’’. 
(e) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of the enactment 
of this Act and shall apply to relief provided on and after 
such date.
231 
SEC. 908. FOLLOWING TO JOIN DEFINED. 
Section 101(a) (8 U.S.C. 1101), as amended by sec-
tion 421, is amended by adding at the end the following: 
‘‘(52) The term ‘following to join’ when used with re-
spect to a spouse or child of an alien, means that the 
spouse or child departs for the United States, in order 
to reside with the alien, during the 1-year period beginning 
on the date on which the alien is admitted into the United 
States.’’. 
SEC. 909. INFORMATION ON FOREIGN CRIMES. 
Section 245(a) (8 U.S.C. 1255(a)) is amended— 
(1) by striking ‘‘and’’ at the end of paragraph 
(2); 
(2) by redesignating paragraph (3) as para-
graph (4); and 
(3) by inserting after paragraph (2) the fol-
lowing: ‘‘(3) the Secretary of Homeland Security has 
thoroughly examined the alien’s countries of prior 
residence to determine that the alien has not com-
mitted a crime in those countries making the alien 
inadmissible, and’’. 
Æ