[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1665 Reported in Senate (RS)]





                                                       Calendar No. 362

104th CONGRESS

  2d Session

                                S. 1665

                          [Report No. 104-250]

_______________________________________________________________________

                                 A BILL

 To amend the Immigration and Nationality Act to reform the standards 
and procedures for the lawful admission of immigrants and nonimmigrants 
                        into the United States.

_______________________________________________________________________

                             April 10, 1996

                       Reported without amendment





                                                       Calendar No. 362
104th CONGRESS
  2d Session
                                S. 1665

                          [Report No. 104-250]

 To amend the Immigration and Nationality Act to reform the standards 
and procedures for the lawful admission of immigrants and nonimmigrants 
                        into the United States.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 10, 1996

    Mr. Hatch, from the Committee on the Judiciary, reported under 
 authority of the order of the Senate of March 29, 1996 the following 
     original bill; which was read twice and placed on the calendar

                             April 10, 1996

                Reported by Mr. Hatch, without amendment

_______________________________________________________________________

                                 A BILL


 
 To amend the Immigration and Nationality Act to reform the standards 
and procedures for the lawful admission of immigrants and nonimmigrants 
                        into 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; REFERENCES IN ACT.

    (a) Short Title.--This Act may be cited as the ``Legal Immigration 
Act of 1996''.
    (b) References in Act.--Except as otherwise specifically provided 
in this Act, whenever in this Act an amendment or repeal is expressed 
as an amendment to or repeal of a provision, the reference shall be 
deemed to be made to the Immigration and Nationality Act (8 U.S.C. 1101 
et seq.).

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title; references in Act.
Sec. 2. Table of contents.
                          TITLE I--IMMIGRANTS

            Subtitle A--Changes in Immigrant Classifications

Sec. 101. Family-sponsored preference classifications.
Sec. 102. Repeal of preference category for unskilled immigrants.
Sec. 103. Not counting work experience as an unauthorized alien.
Sec. 104. Judicial review.
Sec. 105. Conforming amendments.
Sec. 106. Transition.
       Subtitle B--Changes in Numerical Limitations on Immigrants

Sec. 111. Worldwide numerical limitation on family-sponsored 
                            immigration.
Sec. 112. Worldwide numerical limitation on diversity immigration.
Sec. 113. Numerical limitation on immigration from a single foreign 
                            state.
Sec. 114. Transition for certain backlogged spouses and children of 
                            lawful permanent residents and brothers and 
                            sisters of citizens.
                        TITLE II--NONIMMIGRANTS

Sec. 201. Changes relating to H-1B nonimmigrants.
Sec. 202. Visa waiver program.
                  TITLE III--MISCELLANEOUS PROVISIONS

Sec. 301. Repeal of Amerasian law.
Sec. 302. Suspension of deportation for aliens who entered without 
                            inspection.
Sec. 303. Exclusion for economic espionage or the piracy of 
                            intellectual property.
Sec. 304. Mail-order bride business.
                        TITLE IV--EFFECTIVE DATE

Sec. 401. Effective date.

                          TITLE I--IMMIGRANTS

            Subtitle A--Changes in Immigrant Classifications

SEC. 101. FAMILY-SPONSORED PREFERENCE CLASSIFICATIONS.

    (a) Preference Allocations.--Section 203(a) (8 U.S.C. 1153(a)) is 
amended to read as follows:
    ``Sec. 203. (a) Preference Allocation for Family-Sponsored 
Immigrants.--Aliens subject to the worldwide level specified in section 
201(c) for family-sponsored immigrants shall be allotted visas as 
follows:
            ``(1) Spouses and children of permanent resident aliens.--
        Qualified immigrants who are the spouses or children of an 
        alien lawfully admitted for permanent residence shall be 
        allocated visas in each fiscal year in a number equal to the 
        worldwide level of family-sponsored immigrants calculated under 
        section 201(c)(1), plus any visas not required in the previous 
        fiscal year for the admission of immigrants under section 
        203(b).
            ``(2) Unmarried sons and daughters of citizens.--Qualified 
        immigrants who are the unmarried sons or daughters of citizens 
        of the United States shall be allocated visas not required for 
        the class specified in paragraph (1).
            ``(3) Married sons and daughters of citizens.--Qualified 
        immigrants who are the married sons and daughters of citizens 
        of the United States shall be allocated visas not required for 
        the classes specified in paragraphs (1) and (2).
            ``(4) Unmarried sons and daughters of permanent 
        residents.--Qualified immigrants who are the unmarried sons or 
        unmarried daughters (but are not the children) of an alien 
        lawfully admitted for permanent residence shall be allocated 
        visas not required for the classes specified in paragraphs (1), 
        (2), and (3).
            ``(5) Brothers and sisters of citizens.--Qualified 
        immigrants who are the brothers or sisters of citizens of the 
        United States, if such citizens are at least 21 years of age, 
        shall be allocated visas not required for the classes specified 
        in paragraphs (1), (2), (3), and (4).''.
    (b) Special Rule for Allocation of Visas During Temporary Family 
Backlog Reduction Program.--
            (1) Unmarried sons and daughters of citizens.--Of the 
        number of visas available to be allotted to family-sponsored 
        immigrants under section 203(a) of the Immigration and 
        Nationality Act, a total of no less than 35,000 shall be 
        allotted to the class described in paragraph (2) of that 
        section (as amended by this section) each fiscal year until the 
        backlog of qualified immigrants under subsection (a)(1) 
        (relating to the spouses and children of permanent residents) 
        has been eliminated.
            (2) Married sons and daughters of citizens.--Of the number 
        of visas available to be allotted to family-sponsored 
        immigrants under section 203(a) of the Immigration and 
        Nationality Act, a total of no less than 40,000 shall be 
        allotted to the class described in paragraph (3) of that 
        section (as amended by this section) each fiscal year until the 
        backlog of qualified immigrants under subsection (a)(1) 
        (relating to the spouses and children of permanent residents) 
        and subsection (a)(2) (relating to the unmarried sons and 
        daughters of citizens) has been eliminated.
    (c) Treatment of New Applications for Brothers and Sisters of 
Citizens.--Beginning on the effective date of this Act, the Attorney 
General may not accept any petition by a citizen of the United States 
claiming that an alien is entitled to classification by reason of a 
relationship described in section 203(a)(5) of the Immigration and 
Nationality Act (as amended by this Act), until the backlog of 
qualified immigrants described in section 203(a)(5) of that Act is 
reduced to 150,000.
    (d) Study and Report on Sibling Backlog.--
            (1) Study.--The Secretary of State shall conduct a study of 
        the number of aliens on the State Department's immigrant visa 
        waiting list who are the brothers or sisters of United States 
        citizens, and the number of spouses and children when 
        accompanying or following to join such aliens, in order to 
        establish a reasonable estimate of the number of persons 
        awaiting visas under section 203(a)(5) of the Immigration and 
        Nationality Act, as amended by this section.
            (2) Report.--Not later than two years after the date of 
        enactment of this Act, the Secretary of State shall submit a 
        report to the Committees on the Judiciary of the House of 
        Representatives and of the Senate setting forth--
                    (A) the findings of the study required by paragraph 
                (1); and
                    (B) the best estimate by the Secretary of State of 
                the number of persons awaiting visas under section 
                203(a)(5) of the Immigration and Nationality Act, as 
                amended by this section.

SEC. 102. REPEAL OF PREFERENCE CATEGORY FOR UNSKILLED IMMIGRANTS.

    Section 203(b)(3)(A)(iii) is repealed, effective June 1, 1997.

SEC. 103. NOT COUNTING WORK EXPERIENCE AS AN UNAUTHORIZED ALIEN.

    Section 203(b) (8 U.S.C. 1153(b)) is amended by adding at the end 
the following new paragraph:
            ``(7) Not counting work experience as an unauthorized 
        alien.--For purposes of this subsection, work experience 
        obtained in employment in the United States with respect to 
        which the alien was an unauthorized alien (as defined in 
        section 274A(h)(3)) shall not be taken into account.''.

SEC. 104. JUDICIAL REVIEW.

    Section 203 (8 U.S.C. 1153), as amended by sections 101 and 102 of 
this Act, is further amended by adding at the end the following new 
subsection:
    ``(i) Except as otherwise provided in section 203(h)(2) and 
notwithstanding any other provision of law, with respect to any civil 
action against any agency which involves a cause or claim regarding the 
allocation of immigrant visas or determinations made on immigrant visa 
petitions under this section--
            ``(1) suit must be brought within 90 days of the challenged 
        action or determination;
            ``(2) venue shall lie only in the District Court for the 
        District of Columbia;
            ``(3) suit may be brought only by persons who have 
        petitioned for the issuance of an immigrant visa and have 
        exhausted all available administrative remedies;
            ``(4) no suit may be brought to compel the agency to 
        adjudicate a pending visa petition;
            ``(5) review of a denial of a visa petition shall be solely 
        on the administrative record; and
            ``(6) the court--
                    ``(A) must sustain the agency's action unless it 
                has been shown by the petitioner to be clearly 
                erroneous;
                    ``(B) may not review any exercise of the agency's 
                discretion; and
                    ``(C) may not reverse or remand a determination on 
                the basis, in whole or in part, that the agency's 
                explanation of its action was not sufficiently 
                extensive.''.

SEC. 105. CONFORMING AMENDMENTS.

    (a) Section 204(a)(1)(A)(i) is amended by striking ``classification 
by reason of a relationship described in paragraph (1), (3), or (4) of 
section 203(a)'' and inserting ``paragraph (3) or (5) of section 
203(a)''.
    (b) The following sections of the Immigration and Nationality Act 
are amended by striking ``203(a)(2)'' each place it appears and 
inserting ``203(a)(1)'': sections 204(a)(1)(B)(i), 204(a)(2)(A), 
212(a)(6)(E)(ii), 216(g)(1)(C), and 241(a)(1)(E)(ii).
    (c) The following provisions of the Immigration and Nationality Act 
are amended by striking ``203(a)(2)(A)'' each place it appears and 
inserting ``203(a)(1)'': sections 202(e), 204(a)(1)(B)(ii), and 
204(a)(1)(B)(iii).
    (d) The following provision of the Immigration and Nationality Act 
is amended by striking ``203(a)(2)(B)'' each place it appears and 
inserting ``203(a)(4)'': section 202(a)(4)(C).
    (e)(1) The following provisions of law are amended by striking 
``203(a)(4)'' each place it appears and inserting ``203(a)(5)'': 
section 2(c)(4) of Public Law 97-271 and section 161(c)(2) of the 
Immigration Act of 1990.
    (2) Section 204(a)(1)(A)(i) of the Immigration and Nationality Act 
is amended by striking ``(4)'' and inserting ``(5)''.
    (3) Section 212(d)(11) of such Act is amended by striking 
``paragraph (4)'' and inserting ``paragraph (5)''.
    (f) The following provisions of law are amended by striking 
``203(a)(2)'' each place it appears and inserting ``203(a)(1)'': 
section 2(c)(4) of Public Law 97-271 and sections 112(b) and 155(b)(3) 
of the Immigration Act of 1990.
    (g) Public Law 102-509 is amended in subsection (a) of section 4 by 
striking ``expertise'' and inserting ``education and experience''.

SEC. 106. TRANSITION.

    (a) In General.--Any petition filed under section 204(a) of the 
Immigration and Nationality Act before October 1, 1996 for preference 
status under section 203(a)(1), section 203(a)(2)(A), section 
203(a)(2)(B) or section 203(a)(4) of such Act (as in effect before such 
date) for qualified immigrants shall be deemed, as of such date, to be 
a petition filed under such section for preference status under section 
203(a)(2), section 203(a)(1), section 203(a)(4), or section 203(a)(5), 
respectively, of such Act (as amended by this Act).
    (b) Admissibility Standards.--When an immigrant, in possession of 
an unexpired immigrant visa issued before October 1, 1996, makes 
application for admission, the immigrant's admissibility under 
paragraph (7)(A) of section 212(a) of the Immigration and Nationality 
Act shall be determined under the provisions of law in effect on the 
date of the issuance of such visa.

       Subtitle B--Changes in Numerical Limitations on Immigrants

SEC. 111. WORLDWIDE NUMERICAL LIMITATION ON FAMILY-SPONSORED 
              IMMIGRATION.

    Subsection (c)(1) of section 201 (8 U.S.C. 1151) is amended to read 
as follows:
    ``(c) Worldwide Level of Family-Sponsored Immigrants.--(1)(A) The 
worldwide level of family-sponsored immigrants under this subsection 
for a fiscal year is, subject to subparagraph (B), equal to--
            ``(i) 425,000, minus
            ``(ii) the number computed under paragraph (2), plus
            ``(iii) the number (if any) computed under paragraph (3).
    ``(B) In no case shall the number computed under subparagraph (A) 
be less than 175,000.''.

SEC. 112. WORLDWIDE NUMERICAL LIMITATION ON DIVERSITY IMMIGRATION.

    (a) Numerical Limitation.--Section 201(e) (8 U.S.C. 1151(e)) is 
amended by striking ``55,000'' and inserting ``27,000''.
    (b) Distribution of Visas.--Section 203(c)(1)(E) is amended by 
adding at the end the following new clause:
                            ``(vi) No visas for natives of certain 
                        countries.--(I) Except as provided in subclause 
                        (III), the percentage of visas made available 
                        under this paragraph to natives of any state 
                        described in subclause (II) is zero.
                            ``(II) A state described in this subclause 
                        is a state for which the average annual 
                        admission of natives of that state is less than 
                        1 percent of the per country limit applicable 
                        under section 202(a) to natives of that state 
                        in the previous fiscal year.
                            ``(III) The limitation contained in 
                        subclause (I) shall not apply to the territory 
                        specified in subparagraph (F) unless the 
                        average annual admission of diversity 
                        immigrants from such territory under this 
                        subsection is less than 1 percent of the total 
                        number of diversity immigrant visas which may 
                        be made available to natives of the territory 
                        in the most recent fiscal year for which data 
                        are available.
                            ``(IV) For purposes of this clause--
                                    ``(aa) the average annual admission 
                                of natives of a foreign state is 
                                determined by dividing the number 
                                determined under subparagraph (A) by 
                                five; and
                                    ``(bb) the average annual admission 
                                of diversity immigrants is determined 
                                for the most recent 5-fiscal-year 
                                period for which data are available or, 
                                if data are not available for 5-fiscal 
                                years, the next longest period of the 
                                fiscal years for which data are 
                                available, by dividing by five, or the 
                                appropriate lesser number, as the case 
                                may be, the total number of aliens who 
                                are natives of the territory and who 
                                were admitted or otherwise provided 
                                lawful permanent resident status under 
                                this subsection.''.
    (c) Fees.--Section 203(c) (8 U.S.C. 1153(c)) is amended by adding 
the following new paragraph:
            ``(4) Fees.--Fees for the furnishing and verification of 
        applications for visas under this subsection and for the 
        issuance of visas under this subsection may be prescribed by 
        the Secretary of State in such amounts as are adequate to 
        compensate the Department of State for the costs of 
        administering the diversity immigrant program. Any such fees 
        collected may be deposited as an offsetting collection to the 
        appropriate Department of State appropriation to recover the 
        costs of such program and shall remain available for obligation 
        until expended.''.

SEC. 113. NUMERICAL LIMITATION ON IMMIGRATION FROM A SINGLE FOREIGN 
              STATE.

    Section 202(a) (8 U.S.C. 1152(a)) is amended by striking paragraphs 
(2) through (4) and inserting the following:
            ``(2) Per country levels for family-sponsored and 
        employment-based immigrants.--(A) Subject to subparagraph (C), 
        the total number of immigrant visas made available in any 
        fiscal year to natives of any single foreign state or dependent 
        area under section 203 (a) and (b) may not exceed the 
        difference (if any) between--
                    ``(i) 20,000 in the case of any foreign state (or 
                5,000 in the case of a dependent area) not contiguous 
                to the United States, or 40,000 in the case of any 
                foreign state contiguous to the United States; and
                    ``(ii) the amount specified in subparagraph (B).
            ``(B) The amount specified in this subparagraph is the 
        amount by which the total of the number of immediate relatives 
        (as defined in section 201(b)(2)) admitted in the prior fiscal 
        year who are natives of such state or dependent area exceeded 
        20,000 in the case of any foreign state (or 5,000 in the case 
        of a dependent area) not contiguous to the United States, or 
        40,000 in the case of any foreign state contiguous to the 
        United States.
            ``(C) In any fiscal year in which immigrant visa numbers 
        are made available under section 114(a)(1) of the Legal 
        Immigration Act of 1996, the per country limitation specified 
        in subparagraph (A) shall not apply to aliens who are allotted 
        visas under section 203(a)(1), except that the number of 
        immigrant visas made available to the natives of any foreign 
        state or dependent area under section 203(a) for such fiscal 
        year shall be subtracted from the level specified in 
        subparagraph (A) for purposes of the application of such level 
        to immigrants from such state or area under section 203(b) for 
        such fiscal year.''.

SEC. 114. TRANSITION FOR CERTAIN BACKLOGGED SPOUSES AND CHILDREN OF 
              LAWFUL PERMANENT RESIDENTS AND BROTHERS AND SISTERS OF 
              CITIZENS.

    (a) In General.--Notwithstanding the numerical limitations of 
section 203(a) of the Immigration and Nationality Act, in addition to 
any immigrant visas otherwise available, immigrant visas shall be made 
available as follows:
            (1) Backlogged spouses and children.--(A) Except as 
        provided in subparagraph (B), and subject to subsection (b), 
        qualified immigrants who are the spouses or children of an 
        alien lawfully admitted for permanent residence, and who had a 
        petition approved for classification under section 203(a)(2)(A) 
        (as in effect immediately prior to the date of enactment of 
        this Act), shall be allotted visas in a number not to exceed 
        25,000 for each of the fiscal years 1997 through 2001.
            (B) A visa shall not be made available under subparagraph 
        (A) for any alien--
                    (i) who is subject to the temporary stay of 
                deportation authorized under section 301 of the 
                Immigration Act of 1990, or
                    (ii) whose petitioning relative has satisfied the 
                residency requirements under section 316 of the 
                Immigration and Nationality Act to qualify to apply for 
                naturalization.
            (2) Backlogged brothers and sisters of citizens.--Subject 
        to subsection (b), qualified immigrants who are the brothers or 
        sisters of citizens of the United States, if such citizens are 
        at least 21 years of age, and who had a petition approved for 
        classification under section 203(a)(4) (as in effect 
        immediately prior to the date of enactment of this Act), shall 
        be allotted visas in a number not to exceed 50,000 in each of 
        the fiscal years 1997 through 2001 and not to exceed 75,000 in 
        each of the fiscal years 2002 through 2006. 
    (b) Covered Aliens.--(1) This section applies only to those aliens 
who--
            (A) as of the date of enactment of this Act, have had a 
        petition approved for classification under paragraph (2)(A) or 
        (4), as the case may be, of section 203(a) of the Immigration 
        and Nationality Act (as in effect immediately prior to the date 
        of the enactment of this Act);
            (B) have been unable to obtain a visa, because of the 
        unavailability of a visa number; and
            (C) remain qualified for classification under section 
        203(a) of the Immigration and Nationality Act (as amended by 
        this Act).
    (2) The additional visa numbers provided under subsection (a)(1) 
shall not be subject to the numerical limitations of section 202(a) of 
the Immigration and Nationality Act.

                        TITLE II--NONIMMIGRANTS

SEC. 201. CHANGES RELATING TO H-1B NONIMMIGRANTS.

    (a) Complaints and Investigations of H-1B Employers.--Section 
212(n)(2)(A) (8 U.S.C. 1182(n)(2)(A)) is amended by striking the period 
at the end of the second sentence and inserting the following: ``, 
except that the Secretary may only file such a complaint in the case of 
an H-1B dependent employer (as defined in subparagraph (E)) or when 
conducting an annual review of a plan pursuant to subparagraph (F)(i) 
if there appears to be a violation of an attestation. No investigation 
or hearing shall be conducted with respect to an employer that is not 
an H-1B dependent employer except in response to a complaint filed 
under the preceding sentence.''.
    (b) Increased Penalties for Violations of H-1B Requirements.--
Section 212(n)(2) of the Immigration and Nationality Act is amended--
            (1) in subparagraph (C)(i), by striking ``$1,000'' and 
        inserting ``$5,000'';
            (2) by amending subparagraph (C)(ii) to read as follows:
            ``(ii) the Attorney General shall not approve petitions 
        filed with respect to that employer (or any employer who is a 
        successor in interest) under section 204 or 214(c) for aliens 
        to be employed by the employer--
                    ``(I) during a period of at least 1 year in the 
                case of the first determination of a violation or any 
                subsequent determination of a violation occurring 
                within 1 year of that first violation;
                    ``(II) during a period of at least 5 years in the 
                case of a determination of a willful violation 
                occurring more than 1 year after the first violation; 
                and
                    ``(III) at any time in the case of a determination 
                of a willful violation occurring more than 5 years 
                after a violation described in subclause (II);''; and
            (3) in subparagraph (D), by adding at the end the following 
        new sentence: ``If a penalty under subparagraph (C) has been 
        imposed in the case of a willful violation, the Secretary shall 
        impose on the employer a civil monetary penalty in an amount 
equaling twice the amount of backpay.''.
    (c) Definition of H-1B Dependent Employer.--Section 212(n)(2) (8 
U.S.C. 1182(n)(2)) is amended by inserting after subparagraph (D) the 
following new subparagraphs:
    ``(E) In this subsection, the term `H-1B dependent employer' means 
an employer that--
            ``(i)(I) has fewer than 21 full-time equivalent employees 
        who are employed in the United States, and
            ``(II) employs 4 or more nonimmigrants described in section 
        101(a)(15)(H)(i)(b); or
            ``(ii)(I) has at least 21 full-time equivalent employees 
        who are employed in the United States, and
            ``(II) employs nonimmigrants described in section 
        101(a)(15)(H)(i)(b) in a number that is equal to at least 20 
        percent of the number of such full-time equivalent employees.
    ``(F)(i) An employer who is an H-1B dependent as defined in section 
212(n)(2)(E) may nevertheless be treated as an H-1B nondependent 
employer for 5 years on a probationary status if--
            ``(I) the employer has demonstrated to the satisfaction of 
        the Secretary of Labor that the employer has developed a plan 
        for reasonably reducing the percentage of H-1B workers in its 
        workforce over a 5-year period, and
            ``(II) annual reviews of that plan by the Secretary of 
        Labor indicate successful implementation of that plan.
If the employer has not met the requirements established in this 
subparagraph, the probationary status shall terminate and the employer 
shall be treated as an H-1B dependent employer until such time as the 
employer demonstrates to the satisfaction of the Secretary of Labor 
that the employer no longer is an H-1B dependent employer as defined in 
section 212(n)(2)(E).
    ``(ii) The probationary status accorded in this subparagraph shall 
cease to be effective 5 years after the date of enactment of the plan 
to reduce dependence on H-1B workers. In applying this subparagraph, 
any group treated as a single employer under subsection (b), (c), (m), 
or (o) of section 414 of the Internal Revenue Code of 1986 shall be 
treated as a single employer under this subparagraph. For purposes of 
this subparagraph, aliens employed under a petition for nonimmigrants 
described in section 101(a)(15)(H)(i)(b) shall be treated as employees, 
and counted as nonimmigrants under section 101(a)(15)(H)(i)(b).
    ``(G) Under regulations of the Secretary, the provisions of this 
paragraph shall apply to complaints with respect to a failure of 
another employer to comply with an attestation described in paragraph 
(1)(E)(ii) in the same manner as they apply to complaints of a 
petitioner with respect to a failure to comply with a condition 
described in paragraph (1)(E)(i).''.
    (d) Computation of Actual and Prevailing Wage Level.--Section 
212(n) (8 U.S.C. 1182(n)) is amended by adding at the end the following 
new paragraphs:
            ``(3) For purposes of determining the actual wages paid 
        under paragraph (1)(A)(i)(I), an employer shall not be required 
        to have and document an objective system to determine the wages 
        of  workers.
            ``(4) For purposes of determining the actual wage level 
        paid under paragraph (1)(A)(i)(I), an H-1B nondependent 
        employer of more than 1,000 employees in the United States may 
        demonstrate that in determining the wages of nonimmigrants 
        described in section 101(a)(15)(H)(i)(B), the employer utilizes 
        a compensation and benefits system that has been previously 
        certified by the Secretary of Labor (and recertified at such 
        intervals the Secretary of Labor may designate) to satisfy all 
        of the following conditions:
                    ``(A) The employer has a company-wide compensation 
                policy for its full-time equivalent employees which 
                ensures salary equity among employees similarly 
                employed.
                    ``(B) The employer has a company-wide benefits 
                policy under which all full-time equivalent employees 
                similarly employed are eligible for benefits or under 
                which some employees may accept higher pay, at least 
                equal in value to the benefits, in lieu of benefits.
                    ``(C) The compensation and benefits policy is 
                communicated to all employees.
                    ``(D) The employer has a Human Resources or 
                Compensation function that administers its compensation 
                system.
                    ``(E) The employer has established documentation 
                for the job categories in question.
        An employer's payment of wages consistent with a system which 
        meets the conditions of subparagraphs (A) through (E) and which 
        has been certified by the Secretary of Labor pursuant to this 
        paragraph shall be deemed to satisfy the requirements of 
        paragraph (1)(A)(i).
            ``(5) For purposes of determining and enforcing the 
        prevailing wage paid under paragraph (1)(A)(i)(II), employers 
        may provide a published survey, a State employment agency 
        determination, a determination by an accepted private source or 
        any other legitimate source. Not later than 180 days from the 
        date of enactment of this Act, the Secretary of Labor shall 
        provide for acceptance of prevailing wage determinations not 
        made by a State employment security agency. The Secretary of 
        Labor or his designate must either accept such non-State 
        employment security agency wage determination or issue a 
        written decision rejecting the determination and detailing the 
        legitimate reasons that the determination is not acceptable. If 
        a detailed rejection is not issued within 45 days of the date 
        of the Secretary's receipt of such determination, the 
        determination shall be deemed acceptable. An employer's payment 
        of wages consistent with a prevailing wage determination not 
        rejected by the Secretary of Labor under this paragraph shall 
        be deemed to satisfy the requirements of paragraph 
        (1)(A)(i)(II).
            ``(6) In computing the prevailing wage level for 
        researchers in an area of employment for purposes of paragraph 
        (1)(A)(i)(II) and subsection (a)(5)(A) in the case of an 
        employee of (A) an institution of higher education (as defined 
        in section 1201(a) of the Higher Education Act of 1965), or a 
        related or affiliated nonprofit entity, or (B) a nonprofit or 
        Federal research institute or agency, the prevailing wage level 
        shall only take into account researchers at such institutions, 
        entities, and agencies in the area of employment.''.
    (e) Application of Certain Requirements for Non-H-1B Dependent 
Employers.--Section 212(n) (8 U.S.C. 1182(n)) is further amended by 
adding at the end the following new paragraph:
            ``(7) In carrying out this subsection, in the case of an 
        employer that is not an H-1B dependent employer--
                    ``(A) the employer is not required to post notices 
                at worksites that were not listed on the application 
                under paragraph (1) if the worksites are within the 
                area of intended employment listed on such application; 
                and
                    ``(B) if the employer has filed and had certified 
                an application under paragraph (1) with respect to one 
                or more nonimmigrants described in section 
                101(a)(15)(H)(i)(b) for one or more areas of 
                employment--
                            ``(i) the employer is not required to file 
                        and have certified an additional application 
                        under paragraph (1) with respect to such a 
                        nonimmigrant for an area of employment not 
                        listed in the previous application because the 
                        employer has placed one or more such 
                        nonimmigrants in such a nonlisted area so long 
                        as either (I) each such nonimmigrant is not 
                        placed in such nonlisted areas for a period 
                        exceeding 45 workdays in any 12-month period 
                        and not to exceed 90 workdays in any 36-month 
                        period, or (II) each such nonimmigrant's 
                        principal place of employment has not changed 
                        to a nonlisted area, and
                            ``(ii) the employer is not required to pay 
                        per diem and transportation costs at any 
                        specified rates for work performed in such a 
                        nonlisted area.''.
    (f) Effective Dates.--(1) Except as otherwise provided in this 
subsection, the amendments made by this section shall take effect on 
the date of the enactment of this Act and shall apply to applications 
filed with the Secretary of Labor on or after 30 days after the date of 
the enactment of this Act.
    (2) The amendments made by subsection (b)(1) shall apply to 
complaints filed, and to investigations or hearings initiated, on or 
after January 19, 1995.

SEC. 202. VISA WAIVER PROGRAM.

    (a) Extension of Program.--Section 217(f) (8 U.S.C. 1187(f)) is 
amended by striking ``1996'' and inserting ``1998''.
    (b) Repeal of Probationary Program.--(1) Section 217(g) (8 U.S.C. 
1187(g)) is repealed.
    (2) A country designated as a pilot program country with 
probationary status under section 217(g) of the Immigration and 
Nationality Act (as in effect prior to the date of enactment of this 
Act) shall be subject to paragraphs (3) and (4) of that subsection as 
if such paragraphs were not repealed.
    (c) Duration and Termination of Designation of Pilot Program 
Countries.--Section 217, as amended by this section, is further amended 
by adding at the end the following:
    ``(g) Duration and Termination of Designation.--
            ``(1) Program countries.--(A) Upon determination by the 
        Attorney General that a visa waiver program country's 
        disqualification rate is 2 percent or more, the Attorney 
General shall notify the Secretary of State.
            ``(B) If the program country's disqualification rate is 
        greater than 2 percent but less than 3.5 percent, the Attorney 
        General and the Secretary of State shall place the program 
        country in probationary status for a period not to exceed 3 
        full fiscal years following the year in which the designation 
        of the country as a pilot program country is made.
            ``(C) If the program country's disqualification rate is 3.5 
        percent or more, the Attorney General and the Secretary of 
        State, acting jointly, shall terminate the country's 
        designation effective at the beginning of the second fiscal 
        year following the fiscal year in which the determination is 
        made.
            ``(2) End of probationary status.--(A) If the Attorney 
        General and the Secretary of State, acting jointly, determine 
        at the end of the probationary period described in subparagraph 
        (B) that the program country's disqualification rate is less 
        than 2 percent, they shall redesignate the country as a program 
        country.
            ``(B) If the Attorney General and the Secretary of State, 
        acting jointly, determine at the end of the probationary period 
        described in subparagraph (B) that a visa waiver country has--
                    ``(i) failed to develop a machine readable passport 
                program as required by subparagraph (C) of subsection 
                (c)(2), or
                    ``(ii) has a disqualification rate of 2 percent or 
                more,
        then the Attorney General and the Secretary of State shall 
        jointly terminate the designation of the country as a visa 
        waiver program country, effective at the beginning of the first 
        fiscal year following the fiscal year in which in the 
        determination is made.
            ``(3) Discretionary termination.--Notwithstanding any other 
        provision of this section, the Attorney General and the 
        Secretary of State, acting jointly, may for any reason 
        (including national security or failure to meet any other 
        requirement of this section), at any time, rescind any waiver 
        under subsection (a) or terminate any designation under 
        subsection (c), effective upon such date as they shall jointly 
        determine.
            ``(4) Effective date of termination.--Nationals of a 
        country whose eligibility for the program is terminated by the 
        Attorney General and the Secretary of State, acting jointly, 
        may continue to have paragraph (7)(B)(i)(II) of section 212(a) 
        waived, as authorized by subsection (a), until the country's 
        termination of designation becomes effective as provided in 
        this subsection.
            ``(5) Nonapplicability provisions.--Paragraphs (1)(C) and 
        (3) shall not apply unless the total number of nationals of a 
        designated country, as described in paragraph (6)(A), is in 
        excess of 100.
            ``(6) Definition.--For purposes of this subsection, the 
        term `disqualification rate' means the ratio of--
                    ``(A) the total number of nationals of the visa 
                waiver program country--
                            ``(i) who were excluded from admission or 
                        withdrew their application for admission during 
                        the most recent fiscal year for which data is 
                        available, and
                            ``(ii) who were admitted as nonimmigrant 
                        visitors during such fiscal year and who 
                        violated the terms of such admission, to
                    ``(B) the total number of nationals of that country 
                who applied for admission as nonimmigrant visitors 
                during such fiscal year.''.

                  TITLE III--MISCELLANEOUS PROVISIONS

SEC. 301. REPEAL OF AMERASIAN LAW.

    (a) In General.--Section 584 of the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 1988 (as contained 
in section 101(e) of Public Law 100-202; 8 U.S.C. 1101 note) is 
repealed effective October 1, 1997.
    (b) Transition Period.--(1) Effective October 1, 1996, only an 
alien described in subparagraph (A) or (B) of section 584(b) of such 
Act may be admitted to the United States pursuant to section 584(a) of 
such Act.
    (2) The repeal of section 584 of such Act made by subsection (a) 
shall not affect the admission into the United States of an alien who 
was interviewed and approved for admission before October 1, 1997, and 
who was admitted to the United States before October 1, 1998.

SEC. 302. SUSPENSION OF DEPORTATION FOR ALIENS WHO ENTERED WITHOUT 
              INSPECTION.

    (a) In General.--Section 244(a)(2) (8 U.S.C. 1254(a)(1)) is amended 
by inserting ``(1)(B),'' after ``paragraph''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply to aliens who enter the United States on or after the date of 
enactment of this Act.

SEC. 303. EXCLUSION FOR ECONOMIC ESPIONAGE OR THE PIRACY OF 
              INTELLECTUAL PROPERTY.

    Section 212(a)(2) (8 U.S.C. 1182(a)(2)) is amended--
            (1) by redesignating subparagraph (F) as subparagraph (G); 
        and
            (2) by inserting after subparagraph (E) the following:
                    ``(F) Economic espionage and piracy of intellectual 
                property.--Any person convicted of, or who admits 
                having committed, an act in violation of any law, or 
                who has violated any law, as determined by a court, 
                pertaining to economic espionage or the piracy of 
                intellectual property is excludable.''.

SEC. 304. MAIL-ORDER BRIDE BUSINESS.

    (a) Congressional Findings.--The Congress makes the following 
findings:
            (1) There is a substantial ``mail-order bride'' business in 
        the United States. With approximately 200 companies in the 
        United States, an estimated 2,000 to 3,500 American men find 
        wives through mail-order bride catalogs each year. However, 
        there are no official statistics available on the number of 
        mail-order brides entering the United States each year.
            (2) The companies engaged in the mail-order bride business 
        earn substantial profits from their businesses.
            (3) Although many of these mail-order marriages work out, 
        in many other cases, anecdotal evidence suggests that mail-
        order brides often find themselves in abusive relationships. 
        There is also evidence to suggest that a substantial number of 
        mail-order marriages constitute marriage fraud under United 
        States law.
            (4) Many mail-order brides come to the United States 
        unaware or ignorant of United States immigration law. Mail-
        order brides who are battered spouses often think that if they 
        flee an abusive marriage, they will be deported. Often the 
        citizen spouse threatens to have them deported if they report 
        the abuse.
            (5) The Immigration and Naturalization Service estimates 
        the rate of marriage fraud between foreign nationals and United 
        States citizens or legal permanent residents as eight percent. 
        It is unclear what percent of those marriage fraud cases 
        originated as mail-order marriages.
    (b) Information Dissemination.--Each international matchmaking 
organization doing business in the United States shall disseminate to 
recruits, upon recruitment, such immigration and naturalization 
information as the Immigration and Naturalization Service deems 
appropriate, in the recruit's native language, including information 
regarding conditional permanent residence status, permanent resident 
status, the battered spouse waiver of conditional permanent resident 
status requirement, marriage fraud penalties, immigrants' rights, the 
unregulated nature of the business, and the study mandated in 
subsection (c).
    (c) Study.--The Attorney General, in consultation with the 
Commissioner of Immigration and Naturalization and the Violence Against 
Women Office of the Department of Justice, shall conduct a study to 
determine, among other things--
            (1) the number of mail-order marriages;
            (2) the extent of marriage fraud arising as a result of the 
        services provided by international matchmaking organizations;
            (3) the extent to which mail-order spouses utilize section 
        244(a)(3) of the Immigration and Nationality Act providing for 
        waiver of deportation in the event of abuse, or section 
        204(a)(1)(A)(iii) of such Act providing for self-petitioning 
        for permanent resident status;
            (4) the extent of domestic abuse in mail-order marriages; 
        and
            (5) the need for continued or expanded regulation and 
        education to implement the objectives of the Violence Against 
        Women Act of 1994 in this area.
    (d) Report.--Not later than one year after the date of enactment of 
this Act, the Attorney General shall submit a report to the Congress 
setting forth the results of the study conducted under subsection (c).
    (e) Civil Penalty.--(1) The Attorney General shall impose a civil 
penalty of not to exceed $20,000 for each violation of subsection (b).
    (2) Any penalty under paragraph (1) may be imposed only after 
notice and opportunity for an agency hearing on the record in 
accordance with sections 554 through 557 of title 5, United States 
Code.
    (f) Definitions.--As used in this section:
            (1) International matchmaking organization.--The term 
        ``international matchmaking organization'' means a corporation, 
        partnership, business, or other legal entity, whether or not 
        organized under the laws of the United States or any State, 
        that does business in the United States and for profit offers 
        to United States citizens or permanent resident aliens, dating, 
        matrimonial, or social referral services to nonresident, 
        noncitizens, by--
                    (A) an exchange of names, telephone numbers, 
                addresses, or statistics;
                    (B) selection of photographs; or
                    (C) a social environment provided by the 
                organization in a country other than the United States.
            (2) Recruit.--The term ``recruit'' means a noncitizen, 
        nonresident person, recruited by the international matchmaking 
        organization for the purpose of providing dating, matrimonial, 
        or social referral services to United States citizens or 
        permanent resident aliens.

                        TITLE IV--EFFECTIVE DATE

SEC. 401. EFFECTIVE DATE.

    This Act, and the amendments made by this Act, shall take effect on 
October 1, 1996.