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[Congressional Record: September 25, 2000 (Senate)]
[Page S9202-S9206]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
[DOCID:cr25se00-143]                         



 
                          AMENDMENTS SUBMITTED

                                 ______
                                 

    AMERICAN COMPETITIVENESS IN THE TWENTY-FIRST CENTURY ACT OF 2000

                                 

                KENNEDY (AND OTHERS) AMENDMENT NO. 4184

  (Ordered to lie on the table.)
  Mr. KENNEDY (for himself, Mr. Reid, Mr. Durbin, Mr. Reed, Mr. Graham, 
Mr. Leahy, Mr. Wellstone, and Mr. Daschle) submitted an amendment 
intended to be proposed by them to the bill, S. 2045, amending the Immigration and Nationality Act with respect to H-1B nonimmigrant aliens; as follows:

       At the appropriate place in the bill, insert the following:

         TITLE ____--LATINO AND IMMIGRANT FAIRNESS ACT OF 2000

     SEC. ____01. SHORT TITLE.

       This title may be cited as the ``Latino and Immigrant 
     Fairness Act of 2000''.

            Subtitle A--Central American and Haitian Parity

     SEC. ____11. SHORT TITLE.

       This subtitle may be cited as the ``Central American and 
     Haitian Parity Act of 2000''.

     SEC. ____12. ADJUSTMENT OF STATUS FOR CERTAIN NATIONALS FROM 
                   EL SALVADOR, GUATEMALA, HONDURAS, AND HAITI.

       Section 202 of the Nicaraguan Adjustment and Central 
     American Relief Act is amended--
       (1) in the section heading, by striking ``nicaraguans and 
     cubans'' and inserting ``nicaraguans, cubans, salvadorans, 
     guatemalans, hondurans, and haitians'';
       (2) in subsection (a)(1)(A), by striking ``2000'' and 
     inserting ``2003'';
       (3) in subsection (b)(1), by striking ``Nicaragua or Cuba'' 
     and inserting ``Nicaragua, Cuba, El Salvador, Guatemala, 
     Honduras, or Haiti''; and
       (4) in subsection (d)--
       (A) in subparagraph (A), by striking ``Nicaragua or Cuba'' 
     and inserting ``Nicaragua, Cuba, El Salvador, Guatamala, 
     Honduras, or Haiti; and
       (B) in subparagraph (E), by striking ``2000'' and inserting 
     ``2003''.

     SEC. ____13. APPLICATIONS PENDING UNDER AMENDMENTS MADE BY 
                   SECTION 203 OF THE NICARAGUAN ADJUSTMENT AND 
                   CENTRAL AMERICAN RELIEF ACT.

       An application for relief properly filed by a national of 
     Guatemala or El Salvador under the amendments made by section 
     203 of the Nicaraguan Adjustment and Central American Relief 
     Act which was filed on or before the date of enactment of 
     this Act, and on which a final administrative determination 
     has not been made, shall, at the election of the applicant, 
     be considered to be an application for adjustment of status 
     under the provisions of section 202 of the Nicaraguan 
     Adjustment and Central American Relief Act, as amended by 
     sections ____12 and ____15 of

[[Page S9203]]

     this Act, upon the payment of any fees, and in accordance 
     with procedures, that the Attorney General shall prescribe by 
     regulation. The Attorney General may not refund any fees paid 
     in connection with an application filed by a national of 
     Guatemala or El Salvador under the amendments made by section 
     203 of that Act.

     SEC. ____14. APPLICATIONS PENDING UNDER THE HAITIAN REFUGEE 
                   IMMIGRATION FAIRNESS ACT OF 1998.

       An application for adjustment of status properly filed by a 
     national of Haiti under the Haitian Refugee Immigration 
     Fairness Act of 1998 which was filed on or before the date of 
     enactment of this Act, and on which a final administrative 
     determination has not been made, may be considered by the 
     Attorney General to also constitute an application for 
     adjustment of status under the provisions of section 202 of 
     the Nicaraguan Adjustment and Central American Relief Act, as 
     amended by sections ____12 and ____15 of this Act.

     SEC. ____15. TECHNICAL AMENDMENTS TO THE NICARAGUAN 
                   ADJUSTMENT AND CENTRAL AMERICAN RELIEF ACT.

       (a) In General.--Section 202 of the Nicaraguan Adjustment 
     and Central American Relief Act is amended--
       (1) in subsection (a)--
       (A) by inserting before the period at the end of paragraph 
     (1)(B) the following: ``, and the Attorney General may, in 
     the unreviewable discretion of the Attorney General, waive 
     the grounds of inadmissibility specified in section 212(a)(1) 
     (A)(i) and (6)(C) of such Act for humanitarian purposes, to 
     assure family unity, or when it is otherwise in the public 
     interest'';
       (B) by redesignating paragraph (2) as paragraph (3);
       (C) by inserting after paragraph (1) the following:
       ``(2) Inapplicability of certain provisions.--In 
     determining the eligibility of an alien described in 
     subsection (b) or (d) for either adjustment of status under 
     this section or other relief necessary to establish 
     eligibility for such adjustment, the provisions of section 
     241(a)(5) of the Immigration and Nationality Act shall not 
     apply. In addition, an alien who would otherwise be 
     inadmissible pursuant to section 212(a)(9) (A) or (C) of such 
     Act may apply for the Attorney General's consent to reapply 
     for admission without regard to the requirement that the 
     consent be granted prior to the date of the alien's 
     reembarkation at a place outside the United States or attempt 
     to be admitted from foreign contiguous territory, in order to 
     qualify for the exception to those grounds of inadmissibility 
     set forth in section 212(a)(9) (A)(iii) and (C)(ii) of such 
     Act.''; and
       (D) by amending paragraph (3) (as redesignated by 
     subparagraph (B)) to read as follows:
       ``(3) Relationship of application to certain orders.--An 
     alien present in the United States who has been ordered 
     excluded, deported, or removed, or ordered to depart 
     voluntarily from the United States under any provision of the 
     Immigration and Nationality Act may, notwithstanding such 
     order, apply for adjustment of status under paragraph (1). 
     Such an alien may not be required, as a condition of 
     submitting or granting such application, to file a separate 
     motion to reopen, reconsider, or vacate such order. Such an 
     alien may be required to seek a stay of such an order in 
     accordance with subsection (c) to prevent the execution of 
     that order pending the adjudication of the application for 
     adjustment of status. If the Attorney General denies a stay 
     of a final order of exclusion, deportation, or removal, or if 
     the Attorney General renders a final administrative 
     determination to deny the application for adjustment of 
     status, the order shall be effective and enforceable to the 
     same extent as if the application had not been made. If the 
     Attorney General grants the application for adjustment of 
     status, the Attorney General shall cancel the order.'';
       (2) in subsection (b)(1), by adding at the end the 
     following: ``Subsection (a) shall not apply to an alien 
     lawfully admitted for permanent residence, unless the alien 
     is applying for relief under that subsection in deportation 
     or removal proceedings.'';
       (3) in subsection (c)(1), by adding at the end the 
     following: ``Nothing in this Act requires the Attorney 
     General to stay the removal of an alien who is ineligible for 
     adjustment of status under this Act.'';
       (4) in subsection (d)--
       (A) by amending the subsection heading to read as follows: 
     ``Spouses, Children, and Unmarried Sons and Daughters.--'';
       (B) by amending the heading of paragraph (1) to read as 
     follows: ``Adjustment of status.--'';
       (C) by amending paragraph (1)(A) to read as follows:
       ``(A) the alien entered the United States on or before the 
     date of enactment of the Central American and Haitian Parity 
     Act of 2000;'';
       (D) in paragraph (1)(B), by striking ``except that in the 
     case of'' and inserting the following: ``except that--
       ``(i) in the case of such a spouse, stepchild, or unmarried 
     stepson or stepdaughter, the qualifying marriage was entered 
     into before the date of enactment of the Central American and 
     Haitian Parity Act of 2000; and
       ``(ii) in the case of''; and
       (E) by adding at the end the following new paragraph:
       ``(3) Eligibility of certain spouses and children for 
     issuance of immigrant visas.--
       ``(A) In general.--In accordance with regulations to be 
     promulgated by the Attorney General and the Secretary of 
     State, upon approval of an application for adjustment of 
     status to that of an alien lawfully admitted for permanent 
     residence under subsection (a), an alien who is the spouse or 
     child of the alien being granted such status may be issued a 
     visa for admission to the United States as an immigrant 
     following to join the principal applicant, if the spouse or 
     child--
       ``(i) meets the requirements in paragraphs (1)(B) and 
     (1)(D); and
       ``(ii) applies for such a visa within a time period to be 
     established by such regulations.
       ``(B) Retention of fees for processing applications.--The 
     Secretary of State may retain fees to recover the cost of 
     immigrant visa application processing and issuance for 
     certain spouses and children of aliens whose applications for 
     adjustment of status under subsection (a) have been approved. 
     Such fees--
       ``(i) shall be deposited as an offsetting collection to any 
     Department of State appropriation to recover the cost of such 
     processing and issuance; and
       ``(ii) shall be available until expended for the same 
     purposes of such appropriation to support consular 
     activities.'';
       (5) in subsection (g), by inserting ``, or an immigrant 
     classification,'' after ``for permanent residence''; and
       (6) by adding at the end the following new subsection:
       ``(i) Statutory Construction.--Nothing in this section 
     authorizes any alien to apply for admission to, be admitted 
     to, be paroled into, or otherwise lawfully return to the 
     United States, to apply for, or to pursue an application for 
     adjustment of status under this section without the express 
     authorization of the Attorney General.''.
       (b) Effective Date.--The amendments made by paragraphs 
     (1)(D), (2), and (6) shall be effective as if included in the 
     enactment of the Nicaraguan and Central American Relief Act. 
     The amendments made by paragraphs (1) (A)-(C), (3), (4), and 
     (5) shall take effect on the date of enactment of this Act.

     SEC. ____16. TECHNICAL AMENDMENTS TO THE HAITIAN REFUGEE 
                   IMMIGRATION FAIRNESS ACT OF 1998.

       (a) In General.--Section 902 of the Haitian Refugee 
     Immigration Fairness Act of 1998 is amended--
       (1) in subsection (a)--
       (A) by inserting before the period at the end of paragraph 
     (1)(B) the following: ``, and the Attorney General may waive 
     the grounds of inadmissibility specified in section 212(a) 
     (1)(A)(i) and (6)(C) of such Act for humanitarian purposes, 
     to assure family unity, or when it is otherwise in the public 
     interest'';
       (B) by redesignating paragraph (2) as paragraph (3);
       (C) by inserting after paragraph (1) the following:
       ``(2) Inapplicability of certain provisions.--In 
     determining the eligibility of an alien described in 
     subsection (b) or (d) for either adjustment of status under 
     this section or other relief necessary to establish 
     eligibility for such adjustment, or for permission to reapply 
     for admission to the United States for the purpose of 
     adjustment of status under this section, the provisions of 
     section 241(a)(5) of the Immigration and Nationality Act 
     shall not apply. In addition, an alien who would otherwise be 
     inadmissible pursuant to section 212(a)(9) (A) or (C) of such 
     Act may apply for the Attorney General's consent to reapply 
     for admission without regard to the requirement that the 
     consent be granted prior to the date of the alien's 
     reembarkation at a place outside the United States or attempt 
     to be admitted from foreign contiguous territory, in order to 
     qualify for the exception to those grounds of inadmissibility 
     set forth in section 212(a)(9) (A)(iii) and (C)(ii) of such 
     Act.''; and
       (D) by amending paragraph (3) (as redesignated by 
     subparagraph (B)) to read as follows:
       ``(3) Relationship of application to certain orders.--An 
     alien present in the United States who has been ordered 
     excluded, deported, removed, or ordered to depart voluntarily 
     from the United States under any provision of the Immigration 
     and Nationality Act may, notwithstanding such order, apply 
     for adjustment of status under paragraph (1). Such an alien 
     may not be required, as a condition of submitting or granting 
     such application, to file a separate motion to reopen, 
     reconsider, or vacate such order. Such an alien may be 
     required to seek a stay of such an order in accordance with 
     subsection (c) to prevent the execution of that order pending 
     the adjudication of the application for adjustment of status. 
     If the Attorney General denies a stay of a final order of 
     exclusion, deportation, or removal, or if the Attorney 
     General renders a final administrative determination to deny 
     the application for adjustment of status, the order shall be 
     effective and enforceable to the same extent as if the 
     application had not been made. If the Attorney General grants 
     the application for adjustment of status, the Attorney 
     General shall cancel the order.'';
       (2) in subsection (b)(1), by adding at the end the 
     following: ``Subsection (a) shall not apply to an alien 
     lawfully admitted for permanent residence, unless the alien 
     is applying for such relief under that subsection in 
     deportation or removal proceedings.'';
       (3) in subsection (c)(1), by adding at the end the 
     following: ``Nothing in this Act shall require the Attorney 
     General to stay the removal of an alien who is ineligible for 
     adjustment of status under this Act.'';
       (4) in subsection (d)--

[[Page S9204]]

       (A) by amending the subsection heading to read as follows: 
     ``Spouses, Children, and Unmarried Sons and Daughters.--'';
       (B) by amending the heading of paragraph (1) to read as 
     follows: ``Adjustment of status.--'';
       (C) by amending paragraph (1)(A), to read as follows:
       ``(A) the alien entered the United States on or before the 
     date of enactment of the Central American and Haitian Parity 
     Act of 2000;'';
       (D) in paragraph (1)(B), by striking ``except that in the 
     case of'' and inserting the following: ``except that--
       ``(i) in the case of such a spouse, stepchild, or unmarried 
     stepson or stepdaughter, the qualifying marriage was entered 
     into before the date of enactment of the Central American and 
     Haitian Parity Act of 2000; and
       ``(ii) in the case of'';
       (E) by adding at the end of paragraph (1) the following new 
     subparagraph:
       ``(E) the alien applies for such adjustment before April 3, 
     2003.''; and
       (F) by adding at the end the following new paragraph:
       ``(3) Eligibility of certain spouses and children for 
     issuance of immigrant visas.--
       ``(A) In general.--In accordance with regulations to be 
     promulgated by the Attorney General and the Secretary of 
     State, upon approval of an application for adjustment of 
     status to that of an alien lawfully admitted for permanent 
     residence under subsection (a), an alien who is the spouse or 
     child of the alien being granted such status may be issued a 
     visa for admission to the United States as an immigrant 
     following to join the principal applicant, if the spouse or 
     child--
       ``(i) meets the requirements in paragraphs (1)(B) and 
     (1)(D); and
       ``(ii) applies for such a visa within a time period to be 
     established by such regulations.
       ``(B) Retention of fees for processing applications.--The 
     Secretary of State may retain fees to recover the cost of 
     immigrant visa application processing and issuance for 
     certain spouses and children of aliens whose applications for 
     adjustment of status under subsection (a) have been approved. 
     Such fees--
       ``(i) shall be deposited as an offsetting collection to any 
     Department of State appropriation to recover the cost of such 
     processing and issuance; and
       ``(ii) shall be available until expended for the same 
     purposes of such appropriation to support consular 
     activities.'';
       (5) in subsection (g), by inserting ``, or an immigrant 
     classification,'' after ``for permanent residence'';
       (6) by redesignating subsections (i), (j), and (k) as 
     subsections (j), (k), and (l), respectively; and
       (7) by inserting after subsection (h) the following new 
     subsection:
       ``(i) Statutory Construction.--Nothing in this section 
     authorizes any alien to apply for admission to, be admitted 
     to, be paroled into, or otherwise lawfully return to the 
     United States, to apply for, or to pursue an application for 
     adjustment of status under this section without the express 
     authorization of the Attorney General.''.
       (b) Effective Date.--The amendments made by paragraphs 
     (1)(D), (2), and (6) shall be effective as if included in the 
     enactment of the Haitian Refugee Immigration Fairness Act of 
     1998. The amendments made by paragraphs (1) (A)-(C), (3), 
     (4), and (5) shall take effect on the date of enactment of 
     this Act.

     SEC. ____17. MOTIONS TO REOPEN.

       (a) Nationals of Haiti.--Notwithstanding any time and 
     number limitations imposed by law on motions to reopen, a 
     national of Haiti who, on the date of enactment of this Act, 
     has a final administrative denial of an application for 
     adjustment of status under the Haitian Refugee Immigration 
     Fairness Act of 1998, and is made eligible for adjustment of 
     status under that Act by the amendments made by this title, 
     may file one motion to reopen an exclusion, deportation, or 
     removal proceeding to have the application reconsidered. Any 
     such motion shall be filed within 180 days of the date of 
     enactment of this Act. The scope of any proceeding reopened 
     on this basis shall be limited to a determination of the 
     alien's eligibility for adjustment of status under the 
     Haitian Refugee Immigration Fairness Act of 1998.
       (b) Nationals of Cuba.--Notwithstanding any time and number 
     limitations imposed by law on motions to reopen, a national 
     of Cuba or Nicaragua who, on the date of enactment of the 
     Act, has a final administrative denial of an application for 
     adjustment of status under the Nicaraguan Adjustment and 
     Central American Relief Act, and who is made eligible for 
     adjustment of status under that Act by the amendments made by 
     this title, may file one motion to reopen an exclusion, 
     deportation, or removal proceeding to have the application 
     reconsidered. Any such motion shall be filed within 180 days 
     of the date of enactment of this Act. The scope of any 
     proceeding reopened on this basis shall be limited to a 
     determination of the alien's eligibility for adjustment of 
     status under the Nicaraguan Adjustment and Central American 
     Relief Act.

            Subtitle B--Adjustment of Status of Other Aliens

     SEC. ____21. ADJUSTMENT OF STATUS.

       (a) General Authority.--Notwithstanding any other provision 
     of law, an alien described in paragraph (1) or (2) of 
     subsection (b) shall be eligible for adjustment of status by 
     the Attorney General under the same procedures and under the 
     same grounds of eligibility as are applicable to the 
     adjustment of status of aliens under section 202 of the 
     Nicaraguan Adjustment and Central American Relief Act.
       (b) Covered Aliens.--An alien referred to in subsection (a) 
     is--
       (1) any alien who was a national of the Soviet Union, 
     Russia, any republic of the former Soviet Union, Latvia, 
     Estonia, Lithuania, Poland, Czechoslovakia, Romania, Hungary, 
     Bulgaria, Albania, East Germany, Yugoslavia, any or state of 
     the former Yugoslavia and who has been physically present in 
     the United States for a continuous period, beginning not 
     later than December 1, 1995, and ending not earlier than the 
     date the application for adjustment under subsection (a) is 
     filed, except 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 periods 
     in the aggregate not exceeding 180 days; and
       (2) any alien who is a national of Liberia and who has been 
     physically present in the United States for a continuous 
     period, beginning not later than December 31, 1996, and 
     ending not earlier than the date the application for 
     adjustment under subsection (a) is filed, except 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 periods in the aggregate not 
     exceeding 180 days.

Subtitle C--Restoration of Section 245(i) Adjustment of Status Benefits

     SEC. ____31. REMOVAL OF CERTAIN LIMITATIONS ON ELIGIBILITY 
                   FOR ADJUSTMENT OF STATUS UNDER SECTION 245(I).

       (a) In General.--Section 245(i)(1) of the Immigration and 
     Nationality Act (8 U.S.C. 1255(i)(1)) is amended by striking 
     ``(i)(1)'' through ``The Attorney General'' and inserting the 
     following:
       ``(i)(1) Notwithstanding the provisions of subsections (a) 
     and (c) of this section, an alien physically present in the 
     United States who--
       ``(A) entered the United States without inspection; or
       ``(B) is within one of the classes enumerated in subsection 
     (c) of this section;
     may apply to the Attorney General for the adjustment of his 
     or her status to that of an alien lawfully admitted for 
     permanent residence. The Attorney General''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall be effective as if included in the enactment of the 
     Departments of Commerce, Justice, and State, the Judiciary, 
     and Related Agencies Appropriations Act, 1998 (Public Law 
     105-119; 111 Stat. 2440).

     SEC. ____32. USE OF SECTION 245(I) FEES.

       Section 245(i)(3)(B) of the Immigration and Nationality Act 
     (8 U.S.C. 1255(i)(3)(B)) is amended to read as follows:
       ``(B) One-half of any remaining portion of such fees 
     remitted under such paragraphs shall be deposited by the 
     Attorney General into the Immigration Examinations Fee 
     Account established under section 286(m), and one-half of any 
     remaining portion of such fees shall be deposited by the 
     Attorney General into the Breached Bond/Detention Fund 
     established under section 286(r).''.

               Subtitle D--Extension of Registry Benefits

     SEC. ____41. SHORT TITLE.

       This subtitle may be cited as the ``Date of Registry Act of 
     2000''.

     SEC. ____42. RECORD OF ADMISSION FOR PERMANENT RESIDENCE IN 
                   THE CASE OF CERTAIN ALIENS.

       (a) In General.--Section 249 of the Immigration and 
     Nationality Act (8 U.S.C. 1259) is amended--
       (1) in subsection (a), by striking ``January 1, 1972'' and 
     inserting ``January 1, 1986''; and
       (2) by striking ``january 1, 1972'' in the heading and 
     inserting ``january 1, 1986''.
       (b) Effective Dates.--
       (1) General rule.--The amendments made by subsection (a) 
     shall take effect on the date of enactment of this Act.
       (2) Extension of date of registry.--
       (A) Period beginning january 1, 2002.--Beginning on January 
     1, 2002, section 249 of the Immigration and Nationality Act 
     (8 U.S.C. 1259) is amended by striking ``January 1, 1986'' 
     each place it appears and inserting ``January 1, 1987''.
       (B) Period beginning january 1, 2003.--Beginning on January 
     1, 2003, section 249 of such Act is amended by striking 
     ``January 1, 1987'' each place it appears and inserting 
     ``January 1, 1988''.
       (C) Period beginning january 1, 2004.--Beginning on January 
     1, 2004, section 249 of such Act is amended by striking 
     ``January 1, 1988'' each place it appears and inserting 
     ``January 1, 1989''.
       (D) Period beginning january 1, 2005.--Beginning on January 
     1, 2005, section 249 of such Act is amended by striking 
     ``January 1, 1989'' each place it appears and inserting 
     ``January 1, 1990''.
       (E) Period beginning january 1, 2006.--Beginning on January 
     1, 2006, section 249 of such Act is amended by striking 
     ``January 1, 1990'' each place it appears and inserting 
     ``January 1, 1991''.


 ``record of admission for permanent residence in the case of certain 
 aliens who entered the United States prior to july 1, 1924 or january 
                               1, 1986''.

       (3) Table of contents.--The table of contents of the 
     Immigration and Nationality Act is amended by amending the 
     item relating to section 249 to read as follows:


[[Page S9205]]


``Sec. 249. Record of admission for permanent residence in the case of 
              certain aliens who entered the United States prior to 
              July 1, 1924 or January 1, 1986.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on January 1, 2001, and the amendment made 
     by subsection (a) shall apply to applications to record 
     lawful admission for permanent residence that are filed on or 
     after January 1, 2001.
                                 


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