[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.
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