[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1348 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                S. 1348

To amend the Immigration and Nationality Act to reform the asylum law, 
to increase penalties for alien smuggling, to authorize appropriations 
for the Immigration and Naturalization Service, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               August 3 (legislative day, June 30), 1993

   Mr. Bryan introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend the Immigration and Nationality Act to reform the asylum law, 
to increase penalties for alien smuggling, to authorize appropriations 
for the Immigration and Naturalization Service, and for other purposes.

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

SECTION 1. SHORT TITLE; AMENDMENTS MADE BY ACT; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Asylum Reform and 
Alien Smuggling Control Act of 1993''.
    (b) Amendments to Immigration and Nationality Act.--Except as 
otherwise expressly provided, whenever in this Act an amendment or 
repeal is expressed in terms of an amendment to, or repeal of, a 
section or other provision, the reference shall be considered to be 
made to a section or other provision of the Immigration and Nationality 
Act.
    (c) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; amendments made by Act; table of contents.
 TITLE I--FRAUDULENT ASYLUM APPLICATIONS AND ALIEN SMUGGLING AND FRAUD

Sec. 101. Inspection and exclusion by immigration officers.
Sec. 102. Enhanced penalties and amended sentencing guidelines for 
                            alien smuggling.
Sec. 103.  Effective date.
                            TITLE II--ASYLUM

Sec. 201. Asylum.
Sec. 202. Failure to appear for asylum hearing.
Sec. 203. Judicial review.
Sec. 204. Conforming amendments.
Sec. 205. Effective dates.
         TITLE III--BORDER PATROL AND ASYLUM OFFICER POSITIONS

Sec. 301. Border Patrol positions.
Sec. 302. Asylum officer positions.
Sec. 303. Authorization of appropriations.

 TITLE I--FRAUDULENT ASYLUM APPLICATIONS AND ALIEN SMUGGLING AND FRAUD

SEC. 101. INSPECTION AND EXCLUSION BY IMMIGRATION OFFICERS.

    (a) Inspection of Aliens.--Section 235(b) (8 U.S.C. 1225(b)) is 
amended to read as follows:
    ``(b) Inspection and Exclusion by Immigration Officers.--
            ``(1) An immigration officer shall inspect each alien who 
        is seeking entry to the United States.
            ``(2)(A) If the examining immigration officer determines 
        that an alien seeking entry--
                    ``(i) does not present the documentation required 
                (if any) to obtain legal entry to the United States; 
                and
                    ``(ii) does not indicate either an intention to 
                apply for asylum (under section 208) or a fear of 
                persecution,
        the officer shall order the alien excluded from the United 
        States without further hearing or review.
            ``(B) The examining immigration officer shall refer for 
        immediate inspection at a port of entry by an asylum officer 
        under subparagraph (C) any alien who has indicated an intention 
        to apply for asylum or a fear of persecution.
            ``(C)(i) If an asylum officer determines that an alien has 
        a credible fear of persecution, the alien shall be entitled to 
        apply for asylum under section 208.
            ``(ii)(I) Subject to subclause (II), if an asylum officer 
        determines that an alien does not have a credible fear of 
        persecution, the officer shall order the alien excluded without 
        further hearing or review.
            ``(II) The Attorney General shall promulgate regulations to 
        provide for the immediate review by another asylum officer at 
        the port of entry of a decision under subclause (I).
            ``(iii) For the purposes of this subparagraph, the term 
        `credible fear of persecution' means (I) that it is more 
        probable than not that the statements made by the alien in 
        support of his or her claim are true, and (II) that there is a 
        significant possibility, in light of such statements and of 
        such other facts as are known to the officer, that the alien 
        could establish eligibility for asylum under section 208.
            ``(3)(A) Except as provided in subparagraph (B), if the 
        examining immigration officer determines that an alien seeking 
        entry is not clearly and beyond a doubt entitled to enter, the 
        alien shall be detained for a hearing before a special inquiry 
        officer.
            ``(B) The provisions of subparagraph (A) shall not apply--
                    ``(i) to an alien crewman,
                    ``(ii) to an alien described in paragraph (2)(A) or 
                2(C)(ii)(I), or
                    ``(iii) if the conditions described in section 
                273(d) exist.
            ``(4) The decision of the examining immigration officer, if 
        favorable to the admission of any alien, shall be subject to 
        challenge by any other immigration officer and such challenge 
        shall operate to take the alien, whose privilege to enter is so 
        challenged, before a special inquiry officer for a hearing on 
        exclusion of the alien.
            ``(5)(A) Subject to subparagraph (B), an alien has not 
        entered the United States for purposes of this Act unless and 
        until such alien has been inspected and admitted by an 
        immigration officer pursuant to this subsection.
            ``(B) An alien who (i) is physically present in the United 
        States, (ii) has been physically present in the United States 
        for a continuous period of one year, and (iii) has not been 
        inspected and admitted by an immigration officer shall be 
        deemed to have entered the United States without inspection.''
    (b) Conforming Amendments.--Section 237(a) (8 U.S.C. 1227(a)) is 
amended--
            (1) in the second sentence of paragraph (1) by striking 
        ``Deportation'' and inserting ``Subject to section 235(b)(2), 
        deportation''; and
            (2) in the first sentence of paragraph (2) by striking 
        ``If'' and inserting ``Subject to section 235(b)(2), if''.

SEC. 102. ENHANCED PENALTIES AND REVISED SENTENCING GUIDELINES FOR 
              ALIEN SMUGGLING.

    (a) Additional Criminal Penalty.--Section 274(a)(1) (8 U.S.C. 
1324(a)(1)) is amended--
            (1) by striking ``or'' at the end of subparagraph (C),
            (2) by striking the comma at the end of subparagraph (D) 
        and inserting ``; or'',
            (3) by inserting after subparagraph (D) the following:
            ``(E) contracts or agrees with another party for that party 
        to provide, for employment by the person or another, an alien 
        who is not authorized to be employed in the United States, 
        knowing that such party intends to bring about the entry of 
        such alien into the United States in violation of the laws of 
        the United States,''
            (4) by striking ``five years'' and inserting ``ten years'', 
        and
            (5) by inserting before the final period the following: 
        ``Provided that in any case in which the person subjects to 
        serious bodily injury, or places in jeopardy the life of, any 
        alien involved in the offense, the person shall be fined in 
        accordance with the provisions of title 18 of the United States 
        Code or imprisoned not more than 20 years for each alien in 
        respect to whom any violation of this paragraph occurs, or 
        both.''.
    (b) Treatment of Smuggling as an Aggravated Felony.--The first 
sentence of section 101(a)(43) (8 U.S.C. 1101(a)(43)) is amended by 
inserting ``or any offense under section 274(a)'' before ``for which 
the term of imprisonment''.
    (c) Conspiracy.--Section 274 (8 U.S.C. 1324) is amended by adding 
at the end the following new subsection:
    ``(d) Conspiracy.--Whoever conspires to commit any offense defined 
in this section shall be subject to the same penalties as those 
prescribed for the offense the commission of which was the object of 
the conspiracy.''.
    (d) Sentencing Guidelines.--The United States Sentencing Commission 
shall promptly promulgate, pursuant to 28 United States Code 994, 
amendments to the sentencing guidelines to make appropriate increases 
in the base offense level for offenses under section 274 of the 
Immigration and Nationality Act (8 U.S.C. 1324) to reflect the 
increases in maximum penalties for such offenses in section 102 of this 
Act.

SEC. 103. EFFECTIVE DATE.

    (a) In General.--Except as otherwise provided, the amendments made 
by this title shall take effect on the date of the enactment of this 
Act and shall apply to aliens who arrive in or seek admission to the 
United States on or after such date.
    (b) Smuggling.--The amendment made by section 102(b) shall apply to 
offenses for which convictions are entered before, on, or after the 
date of the enactment of this Act.
    (c) Interim Reference to Asylum.--Any reference in section 
235(b)(2) of the Immigration and Nationality Act (as amended by section 
101(a) of this Act) to asylum under section 208 of the Immigration and 
Nationality Act shall be deemed, before the effective date of the 
amendment made by section 201(a), to be a reference to asylum under 
section 208 of such Act.

                            TITLE II--ASYLUM

SEC. 201. ASYLUM.

    (a) In General.--Section 208 (8 U.S.C. 1158) is amended to read as 
follows:
    ``Sec. 208. (a) Asylum.--
            ``(1) Right to apply.--An alien physically present in the 
        United States or at a land border or port of entry may apply 
        for asylum in accordance with this section.
            ``(2) Conditions for granting.--
                    ``(A) Mandatory cases.--The Attorney General shall 
                grant temporary asylum to an alien if the alien applies 
                for temporary asylum in accordance with the 
                requirements of this section and establishes that it is 
                more probable than not that in the alien's country of 
                nationality (or, in the case of a person having no 
                nationality, the country in which such alien last 
                habitually resided) such alien's life or freedom would 
                be threatened on account of race, religion, 
                nationality, membership in a particular social group, 
                or political opinion.
                    ``(B) Discretionary cases.--The Attorney General 
                may grant asylum to an alien if the alien applies for 
                asylum in accordance with the requirements of this 
                section and establishes that the alien has good reason 
                to fear persecution in the alien's country (or, in the 
                case of a person having no nationality, the country in 
                which such alien last habitually resided) on account of 
                race, religion, nationality, membership in a particular 
                social group, or political opinion.
                    ``(C) Exception.--Subparagraphs (A) and (B) shall 
                not apply to an alien if the Attorney General 
                determines that--
                            ``(i) the alien 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;
                            ``(ii) the alien, having been convicted by 
                        a final judgment of a particularly serious 
                        crime, constitutes a danger to the community of 
                        the United States;
                            ``(iii) there are serious reasons for 
                        believing that the alien has committed a 
                        serious nonpolitical crime outside the United 
                        States prior to the arrival of the alien in the 
                        United States;
                            ``(iv) there are reasonable grounds for 
                        regarding the alien as a danger to the security 
                        of the United States; or
                            ``(v) a country willing to accept the alien 
                        has been identified (other than the country 
                        described in subparagraph (A)) to which the 
                        alien can be deported or returned and the alien 
                        does not establish that it is more likely than 
                        not that the alien's life or freedom would be 
                        threatened in such country on account of race, 
                        religion, nationality, membership in a 
                        particular social group, or political opinion.
                For purposes of clause (ii), an alien who has been 
                convicted of an aggravated felony shall be considered 
                to have committed a particularly serious crime. The 
                Attorney General shall promulgate regulations that 
                specify additional crimes that will be considered to be 
                a crime described in clause (ii) or clause (iii). The 
                Attorney General shall promulgate regulations 
                establishing such additional limitations and conditions 
                as the Attorney General considers appropriate under 
                which an alien shall be ineligible to apply for asylum 
                under subparagraph (B).
            ``(3) Asylum status.--In the case of any alien granted 
        asylum under paragraph (2), the Attorney General, in accordance 
        with this section--
                    ``(A) shall not deport or return the alien to the 
                country described under paragraph (2)(A);
                    ``(B) shall authorize the alien to engage in 
                employment in the United States and provide the alien 
                with an `employment authorized' endorsement or other 
                appropriate work permit; and
                    ``(C) may allow the alien to travel abroad with the 
                prior consent of the Attorney General, except that such 
                travel may not be authorized to the country from which 
                the alien claimed to be fleeing persecution.
            ``(4) Termination.--Asylum granted under paragraph (2) may 
        be terminated if the Attorney General, pursuant to such 
        regulations as the Attorney General may prescribe, determines 
        that--
                    ``(A) the alien no longer meets the conditions 
                described in paragraph (2) owing to a change in 
                circumstances in the alien's country of nationality or, 
                in the case of an alien having no nationality, in the 
                country in which the alien last habitually resided;
                    ``(B) the alien meets a condition described in 
                paragraph (2)(C);
                    ``(C) a country willing to accept the alien has 
                been identified (other than the country described in 
                paragraph (2)) to which the alien can be deported or 
                returned and the alien cannot establish that it is more 
                likely than not that the alien's life or freedom would 
                be threatened in such country on account of race, 
                religion, nationality, membership in a particular 
                social group, or political opinion; or
                    ``(D) the alien returns to the country from which 
                the alien claimed to be fleeing persecution or makes 
                application with the Attorney General to return to the 
                country from which the alien claimed to be fleeing 
                persecution.
            ``(5) Acceptance by another country.--In the case of an 
        alien described in paragraph (2)(C)(v) or paragraph (4)(C), the 
        alien's deportation or return shall be directed by the Attorney 
        General; in the sole discretion of the Attorney General, to any 
        country which is willing to accept the alien into its territory 
        (other than the country described in paragraph (2)).
    ``(b) Asylum Procedure.--
            ``(1) Applications.--
                    ``(A) In general.--
                            ``(i) Deadline.--Subject to clause (ii), an 
                        alien's application for asylum shall not be 
                        considered under this section unless--
                                    ``(I) the alien has filed, not 
                                later than thirty days after entering 
                                or coming to the United States, notice 
                                of intention to file such an 
                                application, and
                                    ``(II) such application is actually 
                                filed not later than 45 days after 
                                entering or coming to the United 
                                States.
                            ``(ii) Exception.--An application for 
                        temporary asylum may be considered, 
                        notwithstanding that the requirements of clause 
                        (i) have not been met, only if the alien 
                        demonstrates by clear and convincing evidence 
                        changed circumstances in the alien's country of 
                        nationality (or in the case of an alien with no 
                        nationality, in the country where the alien 
                        last habitually resided) affecting eligibility 
                        for asylum.
                    ``(B) Requirements.--An application for temporary 
                asylum shall not be considered unless the alien submits 
                to the taking of fingerprints and a photograph in a 
                manner determined by the Attorney General.
                    ``(C) Fees.--The Attorney General may provide for a 
                reasonable fee for the consideration of an application 
                for asylum or for any employment authorization under 
                subsection (a)(3)(B).
                    ``(D) Notice of privilege of counsel and 
                consequences of frivolous application.--
                            ``(i) Notice.--At the time of filing a 
                        notice of intention to apply for asylum, the 
                        alien shall be advised of the privilege of 
                        being represented (at no expense to the 
                        government) by such counsel, authorized to 
                        practice in such proceedings, as the alien 
                        shall choose and of the consequences, under 
                        subsection (d), of filing a frivolous 
                        application for temporary asylum.
                            ``(ii) Provision of list of counsel.--The 
                        Attorney General shall provide for lists 
                        (updated not less often than quarterly) of 
                        persons who have indicated their availability 
                        to represent pro bono aliens in temporary 
                        asylum proceedings. Such lists shall be 
                        provided to the alien at the time of filing of 
                        notice of intention to apply for asylum, and 
                        otherwise be made generally available.
            ``(2) Consideration of applications; hearings.--
                    ``(A) Asylum officers.--Applications for temporary 
                asylum shall be considered by officers of the Service 
                (referred to in this Act as `asylum officers') who are 
                specially designated by the Service as having special 
                training and knowledge of international conditions and 
                human rights records of foreign countries. Pending the 
                designation of such officers, individuals who as of the 
                date of the enactment of the Asylum Reform and Alien 
                Smuggling Control Act of 1993 are authorized to perform 
                duties as asylum officers shall be deemed to be 
                qualified to be asylum officers for purposes of this 
                Act.
                    ``(B) Scheduling of hearings.--
                            ``(i) In general.--Upon the filing of an 
                        application for asylum, an asylum officer, at 
                        the earliest practicable time and after 
                        consultation with the attorney for the 
                        Government and the attorney (if any) for the 
                        applicant, shall set the application for 
                        hearing on a day certain or list it on a weekly 
                        or other short-term calendar, so as to assure a 
                        speedy hearing.
                            ``(ii) Deadline.--Unless the applicant (or 
                        an attorney for the applicant) consents in 
                        writing to the contrary, the hearing on the 
                        asylum application shall commence not later 
                        than 45 days after the date the application was 
                        filed.
                    ``(C) Public hearings.--A hearing on a temporary 
                asylum application shall be open to the public unless 
                the applicant requests that it be closed to the public.
                    ``(D) Rights in hearings.--The officer shall 
                conduct the hearing in a nonadversarial manner. During 
                such hearing, the applicant shall have the privilege of 
                the assistance and participation of counsel (as 
                provided under paragraph (1)(D)) and both the 
                government and the applicant shall be entitled to 
                present evidence and witnesses, to examine and object 
                to evidence, and to cross-examine all witnesses.
                    ``(E) Country conditions.--An officer may request 
                opinions regarding country conditions from the 
                Secretary of State, but shall not request or consider 
                recommendations from the Secretary of State as to 
                whether a particular named individual should or should 
                not be granted temporary asylum.
                    ``(F) Transcript of hearings.--A complete record of 
                the proceedings and of all testimony and evidence 
                produced at the hearing shall be kept. The hearing 
                shall be recorded verbatim. The Attorney General and 
                the Service shall provide that a transcript of a 
                hearing held under this section is made available not 
                later than 10 days after the date of completion of the 
                hearing.
                    ``(G) Deadline for determinations on 
                applications.--The officer shall render a determination 
                on the application not later than 30 days after the 
                date of completion of the hearing. The determination of 
                the officer shall be based only on the officer's 
                knowledge of international conditions and human rights 
                records of foreign countries, and evidence produced at 
                the hearing.
                    ``(H) Resource allocation.--The Attorney General 
                shall allocate sufficient resources so as to assure 
                that applications for asylum are heard and determined 
                on a timely basis. However, nothing in this paragraph 
                relating to scheduling or deadlines shall be construed 
                as creating any right or benefit, substantive or 
                procedural, which is legally enforceable by any party 
                against the United States, its agencies, its officers, 
                or any other person.
                    ``(I) Sanctions for failure to appear.--
                            ``(i) Subject to clause (ii), the 
                        application for asylum of an alien who does not 
                        appear for a hearing on such application shall 
                        be summarily dismissed unless the alien can 
                        show exceptional circumstances (as defined in 
                        section 242B(f)(2)) as determined by the asylum 
                        officer.
                            ``(ii) Clause (i) shall not apply if 
                        written and oral notice were not provided as 
                        required by section 242B(e)(4)(B).
                    ``(J) Finality of determinations.--
                            ``(i) In general.--The decision of the 
                        asylum officer shall be the final 
                        administrative determination of a claim for 
                        asylum.
                            ``(ii) Treatment of cases in exclusion or 
                        deportation.--If proceedings are instituted 
                        against an alien under section 235 or 242 of 
                        this Act and the alien files an application for 
                        asylum based on circumstances described in 
                        subsection (b)(1)(A)(ii), the asylum officer 
                        shall render, on a expedited basis, a decision 
                        on the application.
    ``(c) Asylum Status Adjustments.--
            ``(1) Adjustment of status.--Under such regulations as the 
        Attorney General may prescribe, the Attorney General shall 
        adjust to the status of an alien granted asylum the status of 
        any alien granted asylum under subsection (a)(2)(A) who--
                    ``(A) applies for such adjustment;
                    ``(B) has been physically present in the United 
                States for at least 1 year after being granted asylum;
                    ``(C) continues to be eligible for asylum under 
                this section; and
                    ``(D) is admissible under this Act at the time of 
                examination for adjustment of status under this 
                subsection.
            ``(2) Treatment of spouse and children.--A spouse or child 
        (as defined in section 101(b)(A), (B), (C), (D), or (E)) of an 
        alien whose status is adjusted to that of an alien granted 
        asylum under paragraph (a)(2) may be granted the same status as 
        the alien if accompanying, or following to join, such alien.
            ``(3) Application fees.--The Attorney General may impose a 
        reasonable fee for the filing of an application for asylum 
        under this subsection.
    ``(d) Denial of Immigration Benefits for Frivolous Applications.--
            ``(1) In general.--If the asylum officer determines that an 
        alien has made a frivolous application for asylum under this 
        section and the alien has received the notice under subsection 
        (b)(1)(D)(i), the alien shall be permanently ineligible for any 
        benefits under this Act, effective as of the date of a final 
        determination on such application.
            ``(2) Treatment of fraudulent or material 
        misrepresentations.--For purposes of this subsection, an 
        application considered to be `frivolous' includes, but is not 
        limited to, an application which is fraudulent or otherwise 
        contains a willful misrepresentation or concealment of a 
        material fact.''.

SEC. 202. FAILURE TO APPEAR FOR ASYLUM HEARING.

    (a) Failure To Appear for Asylum Hearing.--Section 242B(e)(4) (8 
U.S.C. 1252b(e)(4)) is amended in subparagraph (A), by striking all 
after clause (iii) and inserting ``shall not be eligible for any 
benefits under this Act.''.

SEC. 203. JUDICIAL REVIEW.

    Section 235 of the Immigration and Nationality Act (8 U.S.C. 1225) 
is amended by adding at the end the following subsections:
    ``(d) Notwithstanding any other provision of law, no court shall 
have jurisdiction to review, except by petition for habeas corpus, any 
determination made with respect to an alien found excludable pursuant 
to titles I or II of this Act. In any such case, review by habeas 
corpus shall be limited to examination of whether the petitioner (I) is 
an alien, and (II) was ordered excluded from the United States pursuant 
to the provisions of this Act. Regardless of the nature of the suit or 
claim, no court shall have jurisdiction except as provided in this 
paragraph to consider the validity of any adjudication or determination 
of exclusion, to certify a class in an action challenging the exclusion 
provisions of this Act or any portion or implementation thereof, or to 
provide declaratory or injunctive relief with respect to the exclusion 
of any alien.
    ``(e) In any action brought for the assessment of penalties for 
improper entry or re-entry of an alien under sections 275, 276, 277, or 
278 of the Immigration and Nationality Act, no court shall have 
jurisdiction to hear claims collaterally attacking the validity of 
orders of exclusion, or deportation entered under sections 235, 236, or 
242 of that Act.''.

SEC. 204. CONFORMING AMENDMENTS.

    (a) Limitation on Deportation.--Section 243 (8 U.S.C. 1253) is 
amended by striking subsection (h).
    (b) Adjustment of Status.--Section 209(b) (8 U.S.C. 1159(b)) is 
amended--
            (1) in paragraph (2) by striking ``one year'' and inserting 
        ``5 years''; and
            (2) by amending paragraph (3) to read as follows:
            ``(3) continues to be eligible for asylum under section 
        208,''.
    (c) Aliens Ineligible for Temporary Protected Status.--Section 
244A(c)(2)(B)(ii) (8 U.S.C. 1254a(c)(2)(B)(ii)) is amended by striking 
``section 243(h)(2)'' and inserting ``clauses (i), (ii), (iii), or (iv) 
of section 208(a)(2)(C)''.
    (d) Eligibility for Naturalization.--Section 316(f)(1) (8 U.S.C. 
1427(f)(1)) is amended by striking ``subparagraphs (A) through (D) of 
paragraph 243(h)(2)'' and inserting ``clauses (i), (ii), (iii), or (iv) 
of section 208(a)(2)(C).''.
    (e) Family Unity.--Section 301(e) of the Immigration Act of 1990 
(Public Law 101-649) is amended by striking ``section 243(h)(2)'' and 
inserting ``clauses (i), (ii), (iii), or (iv) of section 
208(a)(2)(C).''.

SEC. 205. EFFECTIVE DATES.

    (a) In General.--Except as otherwise provided, the amendments made 
by this title shall take effect on the date of the enactment of this 
Act.
    (b) Exceptions.--
            (1) The amendments made by this title shall not apply to 
        applications for asylum or withholding of deportation made 
        before the first day of the first month that begins more than 
        180 days after the date of the enactment of this Act and no 
        application for asylum under section 208 of the Immigration and 
        Nationality Act (as amended by section 201 of this Act) shall 
        be considered before such first day.
            (2) In applying section 208(b)(1)(A) of the Immigration and 
        Nationality Act (as amended by this title) in the case of an 
        alien who has entered or came to the United States before the 
        first day described in paragraph (1), notwithstanding the 
        deadlines specified in such section--
                    (A) the deadline for the filing of a notice of 
                intention to file an application for asylum is thirty 
                days after such first day, and
                    (B) the deadline for the filing of the application 
                for asylum is thirty days after the date of filing such 
                notice.
            (3) The amendments made by section 203(b) (relating to 
        adjustment of status) shall not apply to aliens granted asylum 
        under section 208 of the Immigration and Nationality Act, as in 
        effect before the date of the enactment of this Act.

         TITLE III--BORDER PATROL AND ASYLUM OFFICER POSITIONS

SEC. 301. BORDER PATROL POSITIONS.

    The number of full-time officers positions in the Border Patrol of 
the Immigration and Naturalization Service shall be increased in fiscal 
year 1994 by an additional 1,000 officers over the level authorized in 
fiscal year 1993.

SEC. 302. ASYLUM OFFICER POSITIONS.

    The average number of asylum officers for fiscal year 1994 shall be 
not less than twice the average number of asylum officers for fiscal 
year 1993.

SEC. 303. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated such sums as are necessary 
to provide for the increase in Border Patrol and asylum officer 
positions provided for in this Act.

                                 <all>

S 1348 IS----2