[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2413 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 2413

 To amend the Immigration and Nationality Act; title 18, United States 
 Code; the Illegal Immigration Reform and Immigrant Responsibility Act 
of 1996; and the Immigration Act of 1990 to make technical corrections 
                           to such statutes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 5, 1997

Mr. Smith of Texas introduced the following bill; which was referred to 
                     the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend the Immigration and Nationality Act; title 18, United States 
 Code; the Illegal Immigration Reform and Immigrant Responsibility Act 
of 1996; and the Immigration Act of 1990 to make technical corrections 
                           to such statutes.

    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 ``Immigration Technical Corrections 
Act of 1997''.

SEC. 2. DEFINITIONS.

    For purposes of this Act:
            (1) The term ``INA'' means the Immigration and Nationality 
        Act.
            (2) The term ``IIRIRA'' means the Illegal Immigration 
        Reform and Immigrant Responsibility Act of 1996 (Public Law 
        104-208, division C).

SEC. 3. GENERAL EFFECTIVE DATE.

    Except as otherwise specifically provided in this Act, the 
amendments made by this Act to a provision shall take effect as if 
included in the provision at the time the provision was first enacted, 
or, if the provision has been amended since enactment, as if included 
in its most recent amendment.

SEC. 4. AMENDMENTS TO INA AND IIRIRA RELATING TO INADMISSIBILITY AND 
              REMOVAL OF ALIENS.

    (a) Definitions.--Section 101(a) of the INA is amended--
            (1) in paragraph (13), by adding at the end the following:
    ``(D) In the case of an alien adjusted to the status of an alien 
lawfully admitted for permanent residence, such alien shall be regarded 
as having been admitted on the date of such adjustment.'';
            (2) in paragraph (43)(F), by inserting ``is'' after 
        ``imprisonment''; and
            (3) in paragraph (43)(G), by inserting ``is'' after 
        ``imprisonment)''.
    (b) Amended Definition of Aggravated Felony.--Section 321(a)(3) of 
IIRIRA is amended by striking ``(F), (G), (N), and (P),'' and inserting 
``(F) and (G)''.
    (c) General Classes of Aliens Ineligible to Receive Visas.--Section 
212 of the INA is amended--
            (1) in subsection (a)(2), by adding at the end the 
        following:
                    ``(G) Certain firearm offenses.--Any alien who at 
                any time has been convicted under any law of 
                purchasing, selling, offering for sale, exchanging, 
                using, owning, possessing, or carrying, or of 
                attempting or conspiring to purchase, sell, offer for 
                sale, exchange, use, own, possess, or carry, any 
                weapon, part, or accessory which is a firearm or 
                destructive device (as defined in section 921(a) of 
                title 18, United States Code) in violation of any law 
                is inadmissible.
                    ``(H) Aggravated felons.--Any alien who has been at 
                any time convicted of an aggravated felony is 
                inadmissible.'';
            (2) in subsection (a)(9)(A)--
                    (A) by redesignating clauses (ii) and (iii) as 
                clauses (iii) and (iv), respectively;
                    (B) in clause (iii), as so redesignated, by 
                inserting ``or (ii)'' after ``clause (i)'';
                    (C) in clause (iv), as so redesignated, by striking 
                ``Clauses (i) and (ii)'' and inserting ``Clauses (i), 
                (ii), and (iii)''; and
                    (D) by inserting after clause (i) the following:
                            ``(ii) Excluded aliens.--Any alien who has 
                        been ordered excluded from admission and 
                        deported under section 236, as that section 
                        existed prior to its amendment by the Illegal 
                        Immigration Reform and Immigrant Responsibility 
                        Act of 1996, and who again seeks admission 
                        within 1 year of the date of such deportation 
                        is inadmissible.'';
            (3) in subsection (a)(9)(B)(iii), by adding at the end the 
        following:
                    ``(V) Temporary protected status.--No period of 
                time in which an alien is in temporary protected status 
                pursuant to section 244A shall be taken into account in 
                determining the period of unlawful presence in the 
                United States under clause (i).'';
            (4) in subsection (d)(12)(B), by inserting ``an individual 
        who at the time of such action was'' after ``aid, or support''; 
        and
            (5) in subsection (h)--
                    (A) by striking the third sentence; and
                    (B) by striking the period at the end of the second 
                sentence and inserting ``, or in the case of an alien 
                who has been convicted of an aggravated felony within 
                15 years before the date of the alien's application for 
                such waiver or application for a visa or adjustment of 
                status.''.
    (d) Inspection by Immigration Officers.--Section 235(a)(3) of the 
INA is amended by striking ``admission or readmission'' and inserting 
``admission, readmission, or entry''.
    (e) General Classes of Deportable Aliens.--Section 237 of the INA 
is amended--
            (1) in subsection (a), in the first sentence, by striking 
        ``(including an alien crewman)''; and
            (2) in subsection (a)(2)(E)(i), by striking ``For purposes 
        of this clause'' through and including the period at the end of 
        the sentence, and inserting ``For purposes of this clause, the 
        term `protection order' includes an injunction or any other 
        order issued for the purpose of preventing violent or 
        threatening acts or harassment against, or contact or 
        communication with or physical proximity to, another person, 
        including temporary and final orders issued by civil or 
        criminal courts (other than support or child custody orders), 
        whether obtained by filing an independent action or as a 
        pendente lite order in another proceeding, so long as any civil 
        order was issued in response to a complaint, petition, or 
        motion filed by or on behalf of a person seeking protection.''.
    (f) Expedited Removal of Aliens Convicted of Committing Aggravated 
Felonies.--Section 238 of the INA is amended--
            (1) in subsection (a), by striking ``241'' and inserting 
        ``237'';
            (2) in subsection (a)(2), by striking the first sentence 
        and inserting ``With respect to an alien convicted of any 
        criminal offense covered in section 212(a)(2), section 
        237(a)(2)(A)(iii), subparagraphs (B), (C), or (D) of section 
        237(a)(2), or any offense covered by section 237(a)(2)(A)(ii) 
        for which both predicate offenses are covered by section 
        237(a)(2)(A)(i), who is taken into custody by the Attorney 
        General pursuant to section 236(c), the Attorney General shall, 
        to the maximum extent practicable, detain any such felon at a 
        facility at which other such aliens are detained.'';
            (3) in subsection (b)(1)--
                    (A) by striking ``determine the deportability of 
                such alien under section 237(a)(2)(A)(iii) (relating to 
                conviction of an aggravated felony)'' and inserting 
                ``order the removal of an alien convicted of an 
                aggravated felony,''; and
                    (B) by striking ``and issue an order of removal'';
            (4) in the subsection heading for the first subsection (c), 
        by striking ``Presumption of Deportability.--'' and inserting 
        ``Presumption of Removability.--'';
            (5) in the first subsection (c), by striking ``deportable'' 
        and inserting ``removable'';
            (6) by redesignating the second subsection (c) (as 
        redesignated by section 671(b)(13) of IIRIRA) as subsection 
        (d); and
            (7) in subsection (d), as redesignated by paragraph (6)--
                    (A) by striking ``deportable'' in each of 
                paragraphs (1) and (2)(D)(iv) and inserting 
                ``removable''; and
                    (B) in paragraph (2)(B)--
                            (i) by striking ``242B'' and inserting 
                        ``239''; and
                            (ii) by striking ``identifying the crime or 
                        crimes which make the defendant deportable 
                        under section 241(a)(2)(A).'' and inserting 
                        ``identifying the section or sections of law 
                        under which the defendant is removable.''.
    (g) Detention and Removal of Aliens Ordered Removed.--Section 241 
of the INA is amended--
            (1) in subsection (b)(1)(A), by striking the period at the 
        end and inserting ``or, in the case of an alien arriving at a 
        land border, to the country from which the alien arrived.'';
            (2) in subsection (b)(1)(C), by striking ``If'' at the 
        beginning of the sentence and inserting ``If the Attorney 
        General decides that removing the alien to the country 
        specified in subparagraph (A) or (B) is prejudicial to the 
        United States or if'';
            (3) in subsection (c)(1)(B)(i), by striking ``235(a)(1)'' 
        and inserting ``235(a)(2), 235(b)(1),'';
            (4) in subsection (c)(3)(B)--
                    (A) in clause (v), by striking ``or'' at the end;
                    (B) in clause (vi), by striking the period at the 
                end and inserting ``; or''; and
                    (C) by adding at the end the following:
                            ``(vii) the alien arrives upon a vessel at 
                        a United States port of entry when such arrival 
                        has been authorized by appropriate Federal 
                        authority.''; and
            (5) in subsection (e)(1), by striking ``235(a)(1)'' and 
        inserting ``235(b)(1)''.
    (h) Reentry of Removed Aliens.--Section 276(b) of the INA is 
amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``subsection--'' and inserting ``subsection whose denial of 
        admission, exclusion, deportation, removal, or departure from 
        the United States while an order of exclusion, deportation, or 
        removal was outstanding--''; and
            (2) in each of paragraphs (1) and (2), by striking ``whose 
        removal''.

SEC. 5. AMENDMENTS TO TITLE 18 RELATING TO CRIMINAL ALIENS.

    (a) In General.--Sections 1425(b), 1426(h), 1427, 1541, 1542, 1543, 
1544, and 1546(a) of title 18, United States Code, are each amended by 
striking ``facility'' in the last sentence of each such section and 
inserting ``facilitate''.
    (b) Criminal Forfeiture.--Section 982(a) of title 18, United States 
Code, is amended--
            (1) by redesignating the second paragraph (6) as paragraph 
        (7); and
            (2) in paragraph (7), as so redesignated--
                    (A) in subparagraph (A)(i), by striking 
                ``subsection (a)'' and inserting ``such laws''; and
                    (B) in subparagraph (A)(ii)(I), by striking 
                ``subsection (a)'' through ``of this title'' and 
                inserting ``such laws''.
    (c) Authorization for Interception of Wire, Oral, or Electronic 
Communications.--Section 2516(1) of title 18, United States Code, is 
amended by striking the first paragraph (p) (added as paragraph (o) by 
section 434 of the Antiterrorism and Effective Death Penalty Act of 
1996).

SEC. 6. MISCELLANEOUS AMENDMENTS TO INA.

    (a) Definitions Relating to Alien Terrorist Removal Proceedings.--
Section 501(1) of the INA is amended by striking ``241(a)(4)(B)'' and 
inserting ``237(a)(4)(B) or 212(a)(3)(B)''.
    (b) Requirements for Sponsor's Affidavit of Support.--Section 213A 
of the INA is amended--
            (1) by redesignating the subsection (h) added by section 
        551 of IIRIRA as subsection (g); and
            (2) by redesignating subsection (i) as subsection (h).
    (c) Apprehension and Detention of Aliens Not Lawfully in United 
States.--Section 236(c)(1)(C) of the INA is amended by striking 
``sentence'' and inserting ``sentenced''.
    (d) Removal Hearing.--Section 504(e)(1)(A) of the INA is amended by 
striking ``a removal'' and inserting ``removal''.
    (e) Voluntary Departure.--Section 240B(a)(1) of the INA is amended 
by striking ``237(a)(2)(A)(iii) or section 237(a)(4)(B).'' and 
inserting ``237(a)(2)(A)(iii) or subparagraph (B) or (D) of section 
237(a)(4).''.
    (f) Worldwide Level of Immigration.--Section 201(b)(1)(D) of the 
INA is amended by striking ``240A(a)'' and inserting ``240A(b)''.
    (g) Temporary Protected Status.--Section 244(e) of the INA is 
amended by striking ``240A(a)'' and inserting ``240A(b)''.
    (h) Inadmissibility.--The following provisions of the INA are 
amended by striking the term ``excludable'' each place it appears and 
inserting ``inadmissible'':
            (1) Clauses (ii) and (iii) of section 212(a)(3)(C).
            (2) Section 213A(a)(1).
    (i) Public Vessel Exception.--Sections 235(d)(2) and 241(d)(3) of 
the INA are amended by inserting ``(except for the commanding officer 
of a public vessel)'' after ``commanding officer''.
    (j) Detention and Removal of Aliens Ordered Removed.--Section 
241(a)(4)(B)(i) of the INA, as added by section 305(a) of IIRIRA, is 
amended by inserting ``)'' immediately after ``or (L)''.
    (k) Unlawful Employment of Aliens.--Section 274A(e)(2)(C) of the 
INA is amended by striking ``paragraph (2)'' and inserting ``paragraph 
(3)''.
    (l) Admission of Nonimmigrants.--Section 214(l)(1)(D) of the INA, 
as redesignated by section 622(c) of IIRIRA, is amended by striking 
``paragraph (2)'' and inserting ``subparagraph (C)''.
    (m) Foreign Students.--
            (1) In general.--Section 214 of the INA is amended by 
        redesignating the subsection (l) added by section 625 of IIRIRA 
        as subsection (m).
            (2) Conforming amendment.--Section 212(a)(6)(G) of the INA 
        is amended by striking ``214(l)'' and inserting ``214(m)''.
    (n) Transport by Airline.--Section 212 of the INA is amended--
            (1) in subsection (f), by striking ``Whenever the Attorney 
        General finds that a commercial airline has failed to comply 
        with regulations of the Attorney General relating to 
        requirements of airlines for the detection of fraudulent 
        documents used by passengers traveling to the United States 
        (including the training of personnel in such detection), the 
        Attorney General may suspend the entry of some or all aliens 
        transported to the United States by such airline.''; and
            (2) by adding at the end the following:
    ``(p) Whenever the Attorney General finds that a commercial airline 
has failed to comply with regulations of the Attorney General relating 
to requirements of airlines for the detection of fraudulent documents 
used by passengers traveling to the United States (including the 
training of personnel in such detection), the Attorney General may 
suspend the entry of some or all aliens transported to the United 
States by such airline.''.
    (o) Good Moral Character.--Section 101(f) of the INA is amended by 
striking ``(9)(A)'' and inserting ``(10)(A)''.
    (p) Initiation of Removal Proceedings.--Section 239(c) of the INA 
is amended by inserting ``at the time of arrest or'' after ``alien''.
    (q) Aliens Previously Removed.--Section 212(a)(9)(C) of the INA is 
amended by striking ``enters or attempts to reenter'' and inserting 
``subsequently has entered or attempted to reenter''.

SEC. 7. MISCELLANEOUS AMENDMENTS TO IIRIRA.

    (a) New Document Fraud Offenses.--Section 212(e) of IIRIRA is 
amended by inserting ``or documents'' after ``applications''.
    (b) Pilot Program on Limiting Issuance of Driver's Licenses to 
Illegal Aliens.--Section 502 of IIRIRA is amended by adding at the end 
the following:
    ``(c) Current State Authority.--The denial of driver's licenses 
under operation of state law in effect on the date of enactment of this 
Act to aliens not lawfully present in the United States is unaffected 
by this section.''.
    (c) Adjustment of Status for Certain Polish and Hungarian 
Parolees.--Section 646(a)(1) of IIRIRA is amended by striking ``applies 
for such adjustment'' and inserting ``files a completed application for 
such adjustment prior to September 30, 1998.''.
    (d) Technical Corrections.--Section 671(b)(5) of IIRIRA is amended 
by striking ``(K)(ii)'' and inserting ``(K)(iii)''.
    (e) Authorization of Appropriations for Increase in Number of 
Certain Investigators.--Section 131(c) of IIRIRA is amended--
            (1) by striking ``$25,000'' and inserting ``$30,000''; and
            (2) by striking ``fiscal'' and inserting ``calendar''.
    (f) Redesignation and Reorganization of Provisions.--Section 308(g) 
of IIRIRA is amended--
            (1) in paragraph (2), by striking ``(as in effect before 
        October 1, 1996)'' and inserting ``(as in effect before October 
        31, 1996, except that in such cases review may be had only by 
        petition for review to the circuit court of appeals)''; and
            (2) in paragraph (8)(A)(i), by striking ``240A(a)'' and 
        inserting ``240A(b)''.
    (g) Effective Dates; Transition.--Section 309 of IIRIRA is 
amended--
            (1) in subsection (c)(4)(F), by inserting ``, and, 
        notwithstanding the provisions of section 106(c), the departure 
        of the alien from the United States shall not deprive the court 
        of review of jurisdiction'' after ``otherwise''; and
            (2) by striking subsection (e).
    (h) Program To Collect Information Relating to Nonimmigrant Foreign 
Students and Other Exchange Program Participants.--Section 641(c)(1)(B) 
of IIRIRA is amended by striking ``the date on which a visa under the 
classification was issued or extended'' and inserting ``the date on 
which the alien was admitted to the United States under the 
classification or otherwise acquired or extended that status''.
    (i) Penalties for Disclosure of Information.--Section 384 of IIRIRA 
is amended--
            (1) in subsection (a)(2)--
                    (A) by striking ``or'' after ``216(c)(4)(C),''; and
                    (B) by inserting ``(as in effect prior to April 1, 
                1997), or section 240A(b)(2)'' after ``244(a)(3)''; and
            (2) in subsection (b), by adding at the end the following:
            ``(6) Pursuant to section 431(c) of the Personal 
        Responsibility and Work Opportunity Reconciliation Act of 1996, 
        the Department of Justice is authorized to disclose information 
        to Federal, State, local or private benefit-granting agencies 
        for use solely in determining eligibility or continued 
        eligibility for benefits.''.

SEC. 8. AMENDMENTS TO OTHER PROVISIONS.

    (a) Good Moral Character.--Section 509(b) of the Immigration Act of 
1990 is amended by striking ``on or after'' through the period at the 
end and inserting ``before, on, or after such date.''
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect as if included in the enactment of the Illegal Immigration 
Reform and Immigrant Responsibility Act of 1996.
                                 <all>