[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1307 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 1307

To prohibit the involuntary return to Haiti of Haitian refugees outside 
                           the United States.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 11, 1993

Mr. Gilman (for himself and Mr. Rangel) introduced the following bill; 
   which was referred jointly to the Committees on the Judiciary and 
                            Foreign Affairs

_______________________________________________________________________

                                 A BILL


 
To prohibit the involuntary return to Haiti of Haitian refugees outside 
                           the United States.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Haitian Refugee Protection Act of 
1993''.

SEC. 2. PROHIBITION OF INVOLUNTARY RETURN TO HAITI OF HAITIAN REFUGEES.

    (a) Actions 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 Haiti, who is outside the territorial boundaries 
of the United States, to the territorial boundaries of Haiti, and no 
funds may be expended with respect to any such return, unless the 
United States Government determines in accordance with fair procedures 
that that individual is not, due to fears about returning to Haiti, a 
refugee under United States law.
    (b) Actions Within the Territorial Waters of Haiti.--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 Haiti, who is within the territorial waters of 
Haiti, to the land frontier or territorial land of Haiti, and no funds 
may be expended with respect to any such return, unless the United 
States Government determines in accordance with fair procedures that if 
that individual were outside the territory of Haiti such individual 
would not be, due to fears about returning to Haiti, a refugee under 
United States law. This subsection shall not constitute authority for 
conducting operations by the United States Government within the 
territorial waters of another country.
    (c) Limitations.--
            (1) The provisions of this section do not apply to an 
        individual if--
                    (A) such individual ordered, incited, assisted, or 
                otherwise participated in the persecution of any person 
                on account of race, religion, nationality, membership 
                in a particular social group or political opinion; and
                    (B) such individual, having been convicted by a 
                final judgment of an aggravated felony (as defined in 
                section 101(a)(43) of the Immigration and Nationality 
                Act) constitutes a danger to the community of the 
                United States.
            (2) The provisions of this section do not apply to 
        nationals and habitual residents of Haiti at United States 
        diplomatic and consular missions in Haiti.

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