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liance to address problems relating to international
drug trafficking in the Western Hemisphere.
(2) CONSULTATIONS.—In the consultations on
the prospect of forming an alliance described in para-
graph (1), the President should seek the input of such
governments on the possibility of forming 1 or more
structures within the alliance—
(A) to develop a regional, multilateral strat-
egy to address the threat posed to nations in the
Western Hemisphere by drug trafficking; and
(B) to establish a new mechanism for im-
proving multilateral coordination of drug inter-
diction and drug-related law enforcement activi-
ties in the Western Hemisphere.
(b) REPORT.—
(1) REQUIREMENT.—Not later than 60 days
after the date of enactment of this Act, the President
shall submit to Congress a report on the proposal dis-
cussed under subsection (a), which shall include—
(A) an analysis of the reactions of the gov-
ernments concerned to the proposal;
(B) an assessment of the proposal, including
an evaluation of the feasibility and advisability
of forming the alliance;
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(C) a determination in light of the analysis
and assessment whether or not the formation of
the alliance is in the national interests of the
United States;
(D) if the President determines that the for-
mation of the alliance is in the national interests
of the United States, a plan for encouraging and
facilitating the formation of the alliance; and
(E) if the President determines that the for-
mation of the alliance is not in the national in-
terests of the United States, an alternative pro-
posal to improve significantly efforts against the
threats posed by narcotics trafficking in the
Western Hemisphere, including an explanation
of the manner in which the alternative proposal
will—
(i) improve upon current cooperation
and coordination of counter-drug efforts
among nations in the Western Hemisphere;
(ii) provide for the allocation of the re-
sources 
required 
to 
make 
significant
progress in disrupting and disbanding the
criminal organizations responsible for the
trafficking of illegal drugs in the Western
Hemisphere; and
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(iii) differ from and improve upon
past strategies adopted by the United States
Government which have failed to make suf-
ficient progress against the trafficking of il-
legal drugs in the Western Hemisphere.
(2) UNCLASSIFIED
FORM.—The report under
paragraph (1) shall be submitted in unclassified form,
but may contain a classified annex.
SEC. 813. ESTABLISHMENT OF SPECIAL FORFEITURE
FUND. Section 6073 of the Asset Forfeiture Amendments Act
of 1988 (21 U.S.C. 1509) is amended—
(1) in subsection (b)—
(A) by striking ‘‘section 524(c)(9)’’ and in-
serting ‘‘section 524(c)(8)’’; and
(B) by striking ‘‘section 9307(g)’’ and in-
serting ‘‘section 9703(g)’’; and
(2) in subsection (e), by striking ‘‘strategy’’ and
inserting ‘‘Strategy’’.
SEC. 814. TECHNICAL
AND CONFORMING AMEND-
MENTS. (a) TITLE 5, UNITED STATES CODE.—Chapter 53
of title 5, United States Code, is amended—
(1) in section 5312, by adding at the end the fol-
lowing:
‘‘Director of National Drug Control Policy.’’;
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(2) in section 5313, by adding at the end the fol-
lowing:
‘‘Deputy Director of National Drug Control Pol-
icy.’’; and
(3) in section 5314, by adding at the end the fol-
lowing:
‘‘Deputy Director for Demand Reduction, Office
of National Drug Control Policy.
‘‘Deputy Director for Supply Reduction, Office
of National Drug Control Policy.
‘‘Deputy Director for State and Local Affairs,
Office of National Drug Control Policy.’’.
(b) NATIONAL SECURITY ACT OF 1947.—Section 101
of the National Security Act of 1947 (50 U.S.C. 402) is
amended by redesignating subsection (f) as subsection (g)
and inserting after subsection (e) the following:
‘‘(f) The Director of National Drug Control Policy
may, in the role of the Director as principal adviser to the
National Security Council on national drug control policy,
and subject to the direction of the President, attend and
participate in meetings of the National Security Council.’’.
(c) SUBMISSION OF NATIONAL DRUG CONTROL PRO-
GRAM BUDGET WITH ANNUAL BUDGET REQUEST
OF
PRESIDENT.—Section 1105(a) of title 31, United States
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Code, is amended by inserting after paragraph (25) the fol-
lowing:
‘‘(26) a separate statement of the amount of ap-
propriations requested for the Office of National Drug
Control Policy and each program of the National
Drug Control Program.’’.
SEC. 815. AUTHORIZATION OF APPROPRIATIONS. There
are authorized to be appropriated to carry out this title,
to remain available until expended, such sums as may be
necessary for each of fiscal years 1998 through 2002.
SEC. 816. TERMINATION
OF OFFICE
OF NATIONAL
DRUG CONTROL POLICY. (a) IN GENERAL.—Except as pro-
vided in subsection (b), effective on September 30, 2002, this
title and the amendments made by this title are repealed.
(b) EXCEPTION.—Subsection (a) does not apply to sec-
tion 813 or the amendments made by that section.
TITLE IX—HAITIAN REFUGEE IMMIGRATION
FAIRNESS ACT OF 1998
SEC. 901. SHORT TITLE. This title may be cited as
the ‘‘Haitian Refugee Immigration Fairness Act of 1998’’.
SEC. 902. ADJUSTMENT OF STATUS OF CERTAIN HAI-
TIAN NATIONALS. (a) ADJUSTMENT OF STATUS.—
(1) IN GENERAL.—The status of any alien de-
scribed in subsection (b) shall be adjusted by the At-
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torney General to that of an alien lawfully admitted
for permanent residence, if the alien—
(A) applies for such adjustment before April
1, 2000; and
(B) is otherwise admissible to the United
States for permanent residence, except that, in
determining such admissibility, the grounds for
inadmissibility specified in paragraphs (4), (5),
(6)(A), (7)(A), and (9)(B) of section 212(a) of
the Immigration and Nationality Act shall not
apply.
(2) RELATIONSHIP OF APPLICATION TO CERTAIN
ORDERS.—An alien present in the United States who
has been ordered excluded, deported, removed, or or-
dered to depart voluntarily from the United States
under any provision of the Immigration and Nation-
ality Act may, notwithstanding such order, apply for
adjustment of status under paragraph (1). Such an
alien may not be required, as a condition on submit-
ting or granting such application, to file a separate
motion to reopen, reconsider, or vacate such order. If
the Attorney General grants the application, the At-
torney General shall cancel the order. If the Attorney
General makes a final decision to deny the applica-
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tion, the order shall be effective and enforceable to the
same extent as if the application had not been made.
(b) ALIENS ELIGIBLE
FOR ADJUSTMENT
OF STA-
TUS.—The benefits provided by subsection (a) shall apply
to any alien who is a national of Haiti who—
(1) was present in the United States on Decem-
ber 31, 1995, who—
(A) filed for asylum before December 31,
1995,
(B) was paroled into the United States
prior to December 31, 1995, after having been
identified as having a credible fear of persecu-
tion, or paroled for emergent reasons or reasons
deemed strictly in the public interest, or
(C) was a child (as defined in the text above
subparagraph (A) of section 101(b)(1) of the Im-
migration and Nationality Act (8 U.S.C.
1101(b)(1)) at the time of arrival in the United
States and on December 31, 1995, and who—
(i) arrived in the United States with-
out parents in the United States and has
remained without parents in the United
States since such arrival,
(ii) became orphaned subsequent to ar-
rival in the United States, or
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(iii) was abandoned by parents or
guardians prior to April 1, 1998 and has
remained abandoned since such abandon-
ment; and
(2) has been physically present in the United
States for a continuous period beginning not later
than December 31, 1995, and ending not earlier than
the date the application for such adjustment is filed,
except that an alien shall not be considered to have
failed to maintain continuous physical presence by
reason of an absence, or absences, from the United
States for any period or periods amounting in the ag-
gregate to not more than 180 days.
(c) STAY OF REMOVAL.—
(1) IN GENERAL.—The Attorney General shall
provide by regulation for an alien who is subject to
a final order of deportation or removal or exclusion
to seek a stay of such order based on the filing of an
application under subsection (a).
(2) DURING CERTAIN PROCEEDINGS.—Notwith-
standing any provision of the Immigration and Na-
tionality Act, the Attorney General shall not order
any alien to be removed from the United States, if the
alien is in exclusion, deportation, or removal proceed-
ings under any provision of such Act and has applied
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for adjustment of status under subsection (a), except
where the Attorney General has made a final deter-
mination to deny the application.
(3) WORK AUTHORIZATION.—The Attorney Gen-
eral may authorize an alien who has applied for ad-
justment of status under subsection (a) to engage in
employment in the United States during the pendency
of such application and may provide the alien with
an ‘‘employment authorized’’ endorsement or other
appropriate document signifying authorization of em-
ployment, except that if such application is pending
for a period exceeding 180 days, and has not been de-
nied, the Attorney General shall authorize such em-
ployment.
(d) ADJUSTMENT OF STATUS FOR SPOUSES AND CHIL-
DREN.—
(1) IN GENERAL.—The status of an alien shall be
adjusted by the Attorney General to that of an alien
lawfully admitted for permanent residence, if—
(A) the alien is a national of Haiti;
(B) the alien is the spouse, child, or unmar-
ried son or daughter, of an alien whose status is
adjusted to that of an alien lawfully admitted for
permanent residence under subsection (a), except
that, in the case of such an unmarried son or
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daughter, the son or daughter shall be required
to establish that he or she has been physically
present in the United States for a continuous pe-
riod beginning not later than December 31,
1995, and ending not earlier than the date the
application for such adjustment is filed;
(C) the alien applies for such adjustment
and is physically present in the United States on
the date the application is filed; and
(D) the alien is otherwise admissible to the
United States for permanent residence, except
that, in determining such admissibility, the
grounds for inadmissibility specified in para-
graphs (4), (5), (6)(A), (7)(A), and (9)(B) of sec-
tion 212(a) of the Immigration and Nationality
Act shall not apply.
(2) PROOF
OF
CONTINUOUS
PRESENCE.—For
purposes of establishing the period of continuous
physical presence referred to in paragraph (1)(B), an
alien shall not be considered to have failed to main-
tain continuous physical presence by reason of an ab-
sence, or absences, from the United States for any pe-
riod or periods amounting in the aggregate to not
more than 180 days.
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(e) AVAILABILITY OF ADMINISTRATIVE REVIEW.—The
Attorney General shall provide to applicants for adjustment
of status under subsection (a) the same right to, and proce-
dures for, administrative review as are provided to—
(1) applicants for adjustment of status under
section 245 of the Immigration and Nationality Act;
or
(2) aliens subject to removal proceedings under
section 240 of such Act.
(f) LIMITATION ON JUDICIAL REVIEW.—A determina-
tion by the Attorney General as to whether the status of
any alien should be adjusted under this section is final and
shall not be subject to review by any court.
(g) NO OFFSET IN NUMBER OF VISAS AVAILABLE.—
When an alien is granted the status of having been lawfully
admitted for permanent resident pursuant to this section,
the Secretary of State shall not be required to reduce the
number of immigrant visas authorized to be issued under
any provision of the Immigration and Nationality Act.
(h) APPLICATION OF IMMIGRATION AND NATIONALITY
ACT PROVISIONS.—Except as otherwise specifically pro-
vided in this title, the definitions contained in the Immi-
gration and Nationality Act shall apply in the administra-
tion of this section. Nothing contained in this title shall
be held to repeal, amend, alter, modify, effect, or restrict