(2) shall be made available by the United States Customs Service, the Immigration and Naturalization Service, and the Drug Enforcement Administration out of the total amount of additional funds authorized to be appropriated in this Act.

Subtitle J-Provisions Relating to the Deportation of Aliens Who Commit Aggravated Felonies

SEC. 7841. AMENDMENTS TO THE IMMIGRATION AND NATIONALITY ACT.

Except as otherwise specifically provided in this subtitle, whenever in this subtitle 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.

SEC. 7342. DEFINITION.

[Omitted; added paragraph (43), defining term "aggravated felony", to §101(a) of the INA.]

SEC. 7343. DEPORTATION OF ALIENS COMMITTING AGGRAVATED FELONIES.

(a) RETENTION IN CUSTODY BY THE ATTORNEY GENERAL.-Section 242(a) (8 U.S.C. 1252(a)) is amended

(1) in the second sentence, by striking out “Any” and inserting in lieu thereof "Except as provided in paragraph (2), any”;

(2) by redesignating clauses (1), (2), and (3) as clauses (A), (B), and (C), respectively;

(3) by inserting "(1)" immediately after “(a)"; and

(4) by adding at the end thereof the following new paragraphs:

[Omitted; added paragraphs (2) and (3).]

(b) INAPPLICABILITY OF VOLUNTARY DEPARTURE.-Section 244(e) (8 U.S.C. 1254(e)) is amended

(1) by striking out "(e) The" and inserting in lieu thereof "(e)(1) Except as provided in paragraph (2), the"; and

(2) by adding at the end thereof the following new paragraph:

[Omitted; added paragraph (2).]

(c) APPLICABILITY.-The amendments made by subsections (a) and (b) shall apply to any alien who has been convicted, on or after the date of the enactment of this Act, of an aggravated felony.

SEC. 7344. GROUNDS OF DEPORTATION.

(a) IN GENERAL.-Section 241(a)(4) (8 U.S.C. 1251((a)(4)) is amended(1) by inserting "(A)" before "crime"; and

(2) by inserting after the semicolon the following: "or (B) is convicted of an aggravated felony at any time after entry;".

(b) APPLICABILITY.-The amendments made by subsection (a) shall apply to any alien who has been convicted, on or after the date of the enactment of this Act, of an aggravated felony.

SEC. 7345. CRIMINAL PENALTIES FOR REENTRY OF CERTAIN DEPORTED ALIENS.

(a) IN GENERAL.-Section 276 (8 U.S.C. 1326) is amended

(1) by striking out "Any alien" and inserting in lieu thereof “(a) Subject to subsection (b), any alien"; and

(2) by adding at the end thereof the following new subsection:

[Omitted; added subsection (b).]

(b) APPLICABILITY.-The amendments made by subsection (a) shall apply to any alien who enters, attempts to enter, or is found in, the United States on or after the date of the enactment of this Act.

SEC. 7846. CRIMINAL PENALTIES FOR AIDING OR ASSISTING CERTAIN ALIENS TO ENTER THE UNITED STATES.

(a) IN GENERAL.-Section 277 (8 U.S.C. 1327) is amended by inserting “(9), (10), (23) (insofar as an alien excludable under any such paragraph has in addition been convicted of an aggravated felony)," immediately after "212(a)".

(b) APPLICABILITY.-The amendment made by subsection (a) shall apply to any aid or assistance which occurs on or after the date of the enactment of this Act.

(c) CONFORMING AMENDMENTS.─[Omitted; conforming amendments to section heading and table of contents omitted.]

SEC. 7347. EXPEDITED DEPORTATION PROCEEDINGS FOR ALIENS CONVICTED OF AGGRAVATED FELONIES.

(a) EXPEDITED PROCEEDINGS.—[Omitted; inserted section 242A to the INA.] (b) APPEALS.-Paragraph (1) of section 106(a) (8 U.S.C. 1105a(a)(1)) is amended to read as follows:

“(1) a petition for review may be filed not later than 6 months after the date of the issuance of the final deportation order, or, in the case of an alien convicted of an aggravated felony, not later than 60 days after the issuance of such order;".

(c) APPLICABILITY.-The amendments made by subsections (a) and (b) shall apply in the case of any alien convicted of an aggravated felony on or after the date of the enactment of this Act.

(d) TABLE OF CONTENTS.—[Omitted; conforming amendment to table of contents.]

SEC. 7348. DEPORTATION FOR WEAPONS VIOLATION.

(a) IN GENERAL.-Section 241(a)(14) (8 U.S.C. 1251(a)(14)) is amended by inserting after “law” the following: “any firearm or destructive device (as defined in paragraphs (3) and (4)), respectively, of section 921(a) of title 18, United States Code, or any revolver or".

(b) APPLICABILITY.—The amendment made by subsection (a) shall apply to any alien convicted, on or after the date of the enactment of this Act, of possessing any firearm or destructive device referred to in such subsection.

SEC. 7349. BAR ON REENTRY OF ALIENS CONVICTED OF AGGRAVATED FELONIES.

(a) IN GENERAL.-Section 212(a)(17) (8 U.S.C. 1182(a)(17)) is amended by inserting “(or within ten years in the case of an alien convicted of an aggravated felony)" after "within five years".

(b) APPLICABILITY.—The amendment made by subsection (a) shall apply to any alien convicted of an aggravated felony who seeks admission to the United States on or after the date of the enactment of this Act.

SEC. 7350. IMMIGRATION AND NATURALIZATION SERVICE PERSONNEL ENHANCEMENT. (a) PILOT PROGRAM REGARDING THE IDENTIFICATION OF CERTAIN ALIENS.—

(1) Within 6 months after the effective date of this subtitle, the Attorney General shall establish, out of funds appropriated pursuant to subsection (c)(2), a pilot program in 4 cities to improve the capabilities of the Immigration and Naturalization Service (hereinafter in this section referred to as the “Service”) to respond to inquiries from Federal, State, and local law enforcement authorities concerning aliens who have been arrested for or convicted of, or who are the subject of any criminal investigation relating to, a violation of any law relating to controlled substances (other than an aggravated felony as defined in section 101(a)(43) of the Immigration and Nationality Act, as added by section 7342 of this subtitle).

(2) At the end of the 12-month period after the establishment of such pilot program, the Attorney General shall provide for an evaluation of its effectiveness, including an assessment by Federal, State, and local prosecutors and law enforcement agencies. The Attorney General shall submit a report containing the conclusions of such evaluation to the Committees on the Judiciary of the House of Representatives and of the Senate within 60 days after the completion of such evaluation.

(b) HIRING OF INVESTIGATIVE AGENTS.—

(1) Any investigative agent hired by the Attorney General for purposes of this section shall be employed exclusively to assist Federal, State, and local law enforcement agencies in combating drug trafficking and crimes of violence by aliens.

(2) Any investigative agent hired under this section who is older than 35 years of age shall not be eligible for Federal retirement benefits made available to individuals who perform hazardous law enforcement activities.

H. FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED
PROGRAMS APPROPRIATIONS ACT, 1990

(Public Law 101-167, November 21, 1989; as amended by section 598 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990, Public Law 101-513, Nov. 5, 1990, the Miscellaneous Technical Immigration and Naturalization Amendments of 1991, Pub. L. 102-232, Dec. 12, 1991, section 582 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1993 (Pub. L. 102-391, October 6, 1992), section 905 of the FREEDOM Support Act (Pub. L. 102511, October 24, 1992), section 512 of the of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Pub. L. 103-236, April 30, 1994, and § 219(bb) of the Immigration and Nationality Technical Corrections Act of 1994 (P.L. 103-416, 108 Stat. 4319, Oct. 25, 1994))

ESTABLISHING CATEGORIES OF ALIENS FOR PURPOSES OF REFUGEE DETERMINATIONS SEC. 599D. [8 U.S.C. 1157 note] (a) IN GENERAL.-In the case of an alien who is within a category of aliens established under subsection (b), the alien may establish, for purposes of admission as a refugee under section 207 of the Immigration and Nationality Act, that the alien has a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion by asserting such a fear and asserting a credible basis for concern about the possibility of such persecution.

(b) ESTABLISHMENT OF CATEGORIES.—

(1) For purposes of subsection (a), the Attorney General, in consultation with the Secretary of State and the Coordinator for Refugee Affairs, shall establish— (A) one or more categories of aliens who are or were nationals and residents of an independent state of the former Soviet Union or of Estonia, Latvia, or Lithuania1 and who share common characteristics that identify them as targets of persecution in that state on account of race, religion, nationality, membership in a particular social group, or political opinion, and (B) one or more categories of aliens who are or were nationals and residents of Vietnam, Laos, or Cambodia and who share common characteristics that identify them as targets of persecution in such respective foreign state on such an account.

(2)(A) Aliens who are (or were) nationals and residents of an independent state of the former Soviet Union or of Estonia, Latvia, or Lithuania1 and who are Jews or Evangelical Christians shall be deemed a category of alien established under paragraph (1)(A).

(B) Aliens who are (or were) nationals of an independent state of the former Soviet Union or of Estonia, Latvia, or Lithuania1 and who are current members of, and demonstrate public, active, and continuous participation (or attempted participation) in the religious activities of, the Ukrainian Catholic Church or the Ukrainian Orthodox Church, shall be deemed a category of alien established under paragraph (1)(A).

(C) Aliens who are (or were) nationals and residents of Vietnam, Laos, or Cambodia and who are members of categories of individuals determined, by the Attorney General in accordance with "Immigration and Naturalization Service Worldwide Guidelines for Overseas Refugee Processing" (issued by the Immigration and Naturalization Service in August 1983) shall be deemed a category of alien established under paragraph (1)(B).

18582(b)(1)(A) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1993 (Pub. L. 102-391, October 6, 1992, 106 Stat. 1686) substituted "an independent state of the former Soviet Union or of Estonia, Latvia, or Lithuania" for references to "the Soviet Union" in paragraphs (1)(A), (2)(A), and (2)(B). A duplicative amendment was made by section 905(b)(1) of the FREEDOM Support Act (Pub. L. 102-511, October 24, 1992).

(3) Within the number of admissions of refugees allocated for each of fiscal years 1990, 1991, and 19922 for refugees who are nationals of the Soviet Union under section 207(a)(3) of the Immigration and Nationality Act2 (and within the number of such admissions allocated for each of fiscal years 1993, 1994, 1995, and 1996 for refugees who are nationals of the independent states of the former Soviet Union, Estonia, Latvia, and Lithuania under such section)3 and within the number of such admissions allocated for each of fiscal years 1993, 1994, 1995, and 1996 for refugees who are nationals of the independent states of the former Soviet Union, Estonia, Latvia, and Lithuania under such section, notwithstanding any other provision of law, the President shall allocate one thousand of such admissions for such fiscal year to refugees who are within the category of aliens described in paragraph (2)(B).

(c) WRITTEN REASONS FOR DENIALS OF REFUGEE STATUS.—Each decision to deny an application for refugee status of an alien who is within a category established under this section shall be in writing and shall state, to the maximum extent feasible, the reason for the denial.

(d) PERMITTING CERTAIN ALIENS WITHIN CATEGORIES TO REAPPLY FOR REFUGEE STATUS.-Each alien who is within a category established under this section and who (after August 14, 1988, and before the date of the enactment of this Act) was denied refugee status shall be permitted to reapply for such status. Such an application shall be determined taking into account the application of this section. (e) PERIOD OF APPLICATION.—

(1) Subsections (a) and (b) shall take effect on the date of the enactment of this Act and shall only apply to applications for refugee status submitted before October 1, 1996.4

(2) Subsection (c) shall apply to decisions made after the date of the enactment of this Act and before October 1, 1996.4

(3) Subsection (d) shall take effect on the date of the enactment of this Act and shall only apply to reapplications for refugee status submitted before October 1, 1996.4

[Subsection (f) was repealed by § 582(c) of the Foreign Operations, Export Financing, and Related Programs Appropraitions Act, 1993 (P.L. 102–391, 106 Stat. 1686, Oct. 6, 1992).]

ADJUSTMENT OF STATUS FOR CERTAIN SOVIET AND INDOCHINESE PAROLEES

SEC. 599E. [8 U.S.C. 1255 note] (a) IN GENERAL.-The Attorney General shall adjust the status of an alien described in subsection (b) to that of an alien lawfully admitted for permanent residence if the alien—

(1) applies for such adjustment,

(2) has been physically present in the United States for at least 1 year and is physically present in the United States on the date the application for such adjustment is filed,

(3) is admissible to the United States as an immigrant, except as provided in subsection (c), and

(4) pays a fee (determined by the Attorney General) for the processing of such application.

(b) ALIENS ELIGIBLE FOR ADJUSTMENT OF STATUS.-The benefits provided in subsection (a) shall only apply to an alien who

28598(a)(1) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (Pub. L. 101-513, Nov. 5, 1990, 104 Stat. 2063) substituted for each of fiscal years 1990, 1991, and 1992" for "fiscal year 1990" and § 512(1)(A) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Pub. L. 103-236, Apr. 30, 1994, 108 Stat. 466) struck "1993 and 1994" and inserted "1993, 1994, 1995, and 1996”.

88582(a)(1)(A) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1993 (Pub. L. 102-391, October 6, 1992, 106 Stat. 1686) inserted the matter relating to fiscal years 1993 and 1994 following the closing brace. The duplicative language shown in braces was inserted by section 905(a)(1) of the FREEDOM Support Act (Pub. L. 102-511, October 24, 1992).

48598(a)(2) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990, Pub. L. 101-513, Nov. 5, 1990, 104 Stat. 2063) substituted October 1, 1992" for "October 1, 1990", §582(a)(1)(B) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1993 (Pub. L. 102-391, October 6, 1992, 106 Stat. 1686) substituted "October 1, 1994" for "October 1, 1992" (a duplicative amendment was made by section 905(a)(2) of the FREEDOM Support Act (Pub. L. 102-511, October 24, 1992)), and § 512(1)(B) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Pub. L. 103–236, Apr. 30, 1994, 108 Stat. 466) substituted "October 1, 1996" for "October 1, 1994”.

(1) was a national of an independent state of the former Soviet Union or of Estonia, Latvia, Lithuania, Vietnam, Laos, or Cambodia, and

(2) was inspected and granted parole into the United States during the period beginning on August 15, 1988, and ending on September 30, 1994,® after being denied refugee status.

(c) WAIVER OF CERTAIN GROUNDS FOR INADMISSIBILITY.-The provisions of paragraphs (4), (5), and (7)(A)7 of section 212(a) of the Immigration and Nationality Act shall not apply to adjustment of status under this section and the Attorney General may waive any other provision of such section (other than paragraph (2)(C) or subparagraph (A), (B), (C), or (E) of paragraph (3)) with respect to such an adjustment for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest.

(d) DATE OF APPROVAL.-Upon the approval of such an application for adjustment of status, the Attorney General shall create a record of the alien's admission as a lawful permanent resident as of the date of the alien's inspection and parole described in subsection (b)(2).

(e) NO OFFSET IN NUMBER OF VISAS AVAILABLE.-When an alien is granted the status of having been lawfully admitted for permanent residence under this section, the Secretary of State shall not be required to reduce the number of immigrant visas authorized to be issued under the Immigration and Nationality Act.

I. IMMIGRATION NURSING RELIEF ACT OF 1989

(Public Law 101-238, December 18, 1989; as amended by section 162(f)(1) of the Immigration Act of 1990 (P.L. 101-649, Nov. 29, 1990, 104 Stat. 5011) and sections 302(e)(10 and 307(1)(10) of the Miscellaneous and Technical Immigration and Naturalization Amendments of 1991 (P.L. 102-232, Dec. 12, 1991, 105 Stat. 1746 and 1757)

SECTION 1. SHORT TITLE.

This Act may be cited as the "Immigration Nursing Relief Act of 1989”.

SEC. 2. ADJUSTMENT OF STATUS FOR CERTAIN H-1 NONIMMIGRANT NURSES.

(a) IN GENERAL.-The numerical limitations of sections 201 and 202 of the Immigration and Nationality Act shall not apply to the adjustment of status under section 245 of such Act of an immigrant, and the immigrant's accompanying spouse and children

(1) who, as of September 1, 1989, has the status of a nonimmigrant under paragraph (15)(H)(i) of section 101(a) of such Act to perform services as a registered nurse,

(2) who, for at least 3 years before the date of application for adjustment of status (whether or not before, on, or after, the date of the enactment of this Act), has been employed as a registered nurse in the United States, and

58582(b)(2) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1993 (Pub. L. 102–391, October 6, 1992, 106 Stat. 1686) substituted "an independent state of the former Soviet Union or of Estonia, Latvia, Lithuania" for "the Soviet Union". A duplicative amendment was made by section 905(b)(2) of the FREEDOM Support Act (Pub. L. 102511, October 24, 1992).

68598(b) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990, Pub. L. 101-513, Nov. 5, 1990, 104 Stat. 2063) substituted "Spetember 30, 1992" for "September 30, 1990", § 582(a)(2) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1993 (Pub. L. 102-391, October 6, 1992, 106 Stat. 1686) substituted September 30, 1994" for "September 30, 1992", and § 512(2) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Pub. L. 103–236, Apr. 30, 1994, 108 Stat. 466) substituted "September 1, 1996" for "September 1, 1994".

7603(a)(22) of the Immigration Act of 1990 (P.L. 101-649, Nov. 29, 1990, 104 Stat. 5084) substituted a reference to paragraphs “(4), (5), and (7)(A)" for a reference to paragraphs “(14), (15), (20), (21), (25), (28) (other than subparagraph (F)), and (32)" and §307(1)(9) of the Miscellaneous and Technical Immigration and Naturalization Amendments of 1991 (P.L. 102-232, Dec. 12, 1991, 105 Stat. 1757) substituted as reference to "(2)(C) and subparagraphs (A), (B), (C), or (E) of paragraph (3)" for a reference to "(23)(B), (27), (29), or (33)"; $219(bb) of the Immigration and Nationality Technical Corrections Act of 1994 (P.L. 103-416, 108 Stat. 4319, Oct. 25, 1994) substituted "or subparagraph" for "and subparagraphs", effective as if included in the enactment of the Immigration Act of 1990.