(6) Section 210A(e) (8 U.S.C. 1161(e)) is amended

(A) in paragraph (1), by striking “(14), (20), (21), (25), and (32)” and inserting "(5) and (7)(A)”,

(B) in paragraph (2)(B)(i), by striking "Paragraphs (9) and (10)" and inserting "Paragraphs (2)(A) and (2)(B)",

(C) in paragraph (2)(B)(ii), by striking “(23)" and inserting "(2)(C)”,

(D) in paragraph (2)(B)(iii), by striking "(27), (28), and (29) (relating to national security and members of certain organizations)" and inserting "and (3) (relating to security grounds), other than subparagraph (E) thereof",

(E) in paragraph (2)(B)(iv), by striking "(33)" and inserting "(3)(D)", and (F) in paragraph (2)(C), by striking “212(a)(15)" and inserting “212(a)(4)”. (7) Section 211(b) (8 U.S.C. 1181(b)) is amended by striking "212(a)(20)" and inserting "212(a)(7)(A)”.

(8) Section 213 (8 U.S.C. 1183) is amended

(A) by striking “(7) or (15)" and inserting "(4)", and

(B) by inserting before the period at the end the following: ", irrespective of whether a demand for payment of public expenses has been made".

(9) Section 221(g) (8 U.S.C. 1201(g)) is amended by striking "212(a)(7), or section 212(a)(15)" and inserting “212(a)(4)”.

(10) Section 234 (8 U.S.C. 1224) is amended by striking "paragraphs (1), (2), (3), (4), or (5)" and inserting "paragraph (1)" each place it appears.

(11) Section 235 (8 U.S.C 1225) is amended by striking "paragraph (27), (28), or (29) of section 212(a)" and inserting "subparagraph (A) (other than clause (ii)), (B), or (C) of section 212(a)(3)”.

(12) Section 236(d) (8 U.S.C. 1226(d)) is amended

(A) by striking "is afflicted with a disease" and all that follows through "of section 212(a)" and inserting "has a disease, illness, or addiction which would make the alien excludable under paragraph (1) of section 212(a)", and

(B) by striking the last sentence.

(13) Section 245A(d)(2) (8 U.S.C. 1255a(d)(2)) is amended

(A) in subparagraph (A), by striking “(14), (20), (21), (25), and (32)" and inserting "(5) and (7)(A)",

(B) in subparagraph (B)(ii)(I), by striking "Paragraphs (9) and (10)" and inserting "Paragraphs (2)(A) and (2)(B)",

(C) in subparagraph (B)(ii)(II), by striking “(15)" and inserting “(4)”,

(D) in subparagraph (B)(ii)(III), by striking "(23)" and inserting "(2)(C)", (E) in subparagraph (B)(ii)(IV), by striking "(27), (28), and (29) (relating to national security and members of certain organizations)" and inserting “(3) (relating to security and related grounds), other than subparagraph (E) thereof",

(F) in subparagraph (B)(i), by striking subclause (V),

(G) in subparagraph (B)(ii), by striking "212(a)(15)" and inserting "212(a)(4)", and

(H) in subparagraph (B)(iii), by striking "212(a)(15)" and inserting "212(a)(4)".

(14) Section 249 (8 U.S.C. 1259) is amended by striking "212(a)(33)” and inserting "212(a)(3)(E)”.

(15) Section 272 (8 U.S.C. 1322)—

(A) in subsection (a)—

(i) by striking "(1) mentally retarded" and all that follows through "(6) a narcotic drug addict" and inserting "excludable under section 212(a)(1)", and

(ii) by striking "such disease or disability" and inserting "the excluding condition";

(B) by striking subsection (b);

(C) by redesignating subsections (c) through (e) as subsections (b) through (d), respectively; and

(D) by striking "DISABILITY OR AFFLICTED WITH DISEASE" in the heading and inserting "EXCLUSION ON A HEALTH- RELATED GROUND".

(16) Section 277 (8 U.S.C. 1327) is amended by striking "212(a)(9)" and all that follows through "(29)" and inserting "212(a)(2) (insofar as an alien excludable under such section has been convicted of an aggravated felony) or 212(a)(3) (other than subparagraph (E) thereof)".

(17) The item in the table of contents relating to section 272 is amended to read as follows:

"Sec. 272. Bringing in aliens subject to exclusion on a health-related ground.".

(18) Section 21 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2691) is repealed.

(19) Section 14 of Public Law 99-396 is repealed.

(20) Section 584(a)(2) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988 (as contained in section 101(e) of Public Law 100-202) is amended

(A) by striking “(14), (15), (20), (21), (25), and (32)" and inserting “(4), (5), and (7)(A)", and

(B) by striking "(other than paragraph" and all that follows through "narcotics)" and inserting "(other than paragraph (2)(C) or subparagraph (A), (B), (C), or (D) of paragraph (3))”.

(21) Section 901 of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100-204) is repealed.

(22) Section 599E of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (Public Law 101-167) is amended by striking “(14), (15), (20), (21), (25), (28) (other than subparagraph (F)), and (32)” and inserting "(4), (5), and (7)(A)”.

(23) Section 301(a)(1) of this Act is amended by striking "on a ground specified" and all that follows through "of such Act)" and inserting "on a ground specified in paragraph (1)(A), (1)(B), (1)(C), (3)(A), of section 241(a) of the Immigration and Nationality Act (other than so much of section 241(a)(1)(A) of such Act as relates to a ground of exclusion described in paragraph (2) or (3) of section 212(a) of such Act)".

(24) Section 244A(c)(2)(A), as inserted by section 302 of this Act, is amended— (A) in clause (i), by striking “(14), (20), (21), (25), and (32)” and inserting "(5) and (7)(A)";

(B) in clause (iii)(I), by striking "Paragraphs (9) and (10)" and inserting "Paragraphs (2)(A) and (2)(B)";

(C) in clause (iii)(II), by striking "(23)" and inserting "(2)(C)” and by adding "or" at the end;

(D) in clause (iii)(III), by striking “(27) and (29) (relating to national security)" and inserting “(3) (relating to security and related grounds)" and by striking "; or" at the end and inserting a period; and

(E) by striking subclause (IV) of clause (iii).

(b) RELATING TO GROUNDS FOR DEPORTATION.—

(1) Section 210A(d)(5)(A) (8 U.S.C. 1161(d)(5)(A)) is amended by striking “241(a)(20)” and inserting “241(a)(1)(F)”.

(2) Section 242 (8 U.S.C. 1252) is amended

(A) in subsection (b), by striking “(4), (5), (6), (7), (11), (12), (14), (15), (16), (17), (18), or (19)" and inserting “(2), (3), or (4)”, and

(B) in subsection (e), by striking "paragraph 28 (4), (5), (6), (7), (11), (12), (14), (15), (16), (17), (18), or (19)" and inserting "paragraph (2), (3) or (4)”. (3) Sections 243(h)(1) and 244(a) (8 U.S.C. 1253(h)(1), 1254(a)) are each amended by striking "241(a)(19)" and inserting "241(a)(4)(D)”.

(4) Section 244 (8 U.S.C. 1254) is amended

(A) in subsection (a)(2), by striking “paragraph (4), (5), (6), (7), (11), (12), (14), (15), (16), (17), or (18)" and inserting "paragraph (2), (3), or (4)", and

(B) in subsection (e)(1), by striking “(4), (5), (6), (7), (11), (12), (14), (15), (16), (17), (18), or (19)" and inserting “(2), (3), or (4)".

(5) Section 202(n) of the Social Security Act (42 U.S.C. 402(n)) is amended(A) by striking "paragraph (1), (2), (4), (5), (6), (7), (10), (11), (12), (14), (15), (16), (17), or (18) of section 241(a)” in paragraph (1) and inserting "under section 241(a) (other than under paragraph (1)(C) or (1)(E) thereof)", and

(B) by striking "enumerated in paragraph (1) in this subsection" in paragraph (2) and inserting "(other than under paragraph (1)(C) or (1)(E) thereof)".

28 Should have stricken "paragraphs". This was corrected by § 307(m)(2) of the Miscellaneous and Technical Immigration and Naturalization Amendments of 1991 (P.L. 102-232, Dec. 12, 1991, 105 Stat. 1757), effective as if included in this subsection.

TITLE VII-MISCELLANEOUS PROVISIONS

SPOUSE OR CHILD WAIVER OF THE CONDITIONAL RESIDENCE

SEC. 701. BATTERED
REQUIREMENT.

(a) IN GENERAL.-Section 216(c)(4) (8 U.S.C. 1186a(c)(4)) is amended(1) by striking "or" at the end of subparagraph (A);

or";

(2) in subparagraph (B), by striking "by the alien spouse for good cause";
(3) in subparagraph (B), by striking the period at the end and inserting
(4) by inserting after subparagraph (B) the following new subparagraph:
"(C) the qualifying marriage was entered into in good faith by the alien
spouse and during the marriage the alien spouse or child was battered by
or was the subject of extreme cruelty perpetrated by his or her spouse or
citizen or permanent resident parent and the alien was not at fault in fail-
ing to meet the requirements of paragraph (1)."; and

(5) by adding at the end the following: "The Attorney General shall, by regulation, establish measures to protect the confidentiality of information concerning any abused alien spouse or child, including information regarding the whereabouts of such spouse or child.".

(b) EFFECTIVE DATE.-The amendments made by subsection (a) shall apply with respect to marriages entered into before, on, or after the date of the enactment of this Act.

SEC. 702. BONA FIDE MARRIAGE EXCEPTION TO FOREIGN RESIDENCE REQUIREMENT FOR MARRIAGES ENTERED INTO DURING CERTAIN IMMIGRATION PROCEEDINGS.

(a) IN GENERAL.-Section 245(e) (8 U.S.C. 1255(e)) is amended

(1) in paragraph (1), by striking “An alien” and inserting “Except as provided in paragraph (3), an alien", and

(2) [Omitted; added paragraph (3) at the end of section 245(e).]

(b) CONFORMING AMENDMENT Section 204(g) (8 U.S.C. 1154(g)), as redesignated by section 162(b)(6) of this Act, is amended by inserting "except as provided in section 245(e)(3)," after "Notwithstanding subsection (a),".

(c) EFFECTIVE DATE.-The amendments made by this section shall apply to marriages entered into before, on, or after the date of the enactment of this Act.

SEC. 703. 1-YEAR EXTENSION OF DEADLINE FOR FILING APPLICATIONS FOR ADJUSTMENT FROM TEMPORARY TO PERMAMENT RESIDENCE FOR LEGALIZED ALIENS.

(a) IN GENERAL.-Section 245A(b) (8 U.S.C. 1255a(b)) is amended

(1) in paragraph (1)(A), by striking "one-year period" and inserting "2-year period”, and

(2) in paragraph (2)(C), by striking "thirty-first" and inserting "43rd”.

(b) LATE FEE.-Section 245A(c)(7)(A) (8 U.S.C. 1255a(c)(7)(A)) is amended by adding at the end the following: "The Attorney General shall provide for an additional fee for filing an application for adjustment under subsection (b)(1) after the end of the first year of the 2-year period described in subsection (b)(1)(A).”.

SEC. 704. COMMISSION ON AGRICULTURAL WORKERS.

(a) 1-YEAR EXTENSION.-Section 304 of the Immigration Reform and Control Act of 1986 (Public Law 99-603) is amended

(1) in subsection (c), by striking "five" and inserting "six", and

(2) in subsection (i), by striking “63” and inserting "75".

(b) STAFF.-Subsection (f) of such section is amended by striking "competitive service" and inserting "and compensation and other conditions of service in the civil service".

SEC. 705. IMMIGRATION EMERGENCY FUND.

(a) IN GENERAL.-Section 404(b) (8 U.S.C. 1101 note) is amended

(1) by inserting “(1)” after “(b)”,

(2) by inserting "(for fiscal year 1991 and any subsequent fiscal year)" after "appropriated",

(3) by striking "$35,000,000" and inserting "an amount sufficient to provide for a balance of $35,000,000 in such fund",

(4) by inserting "to carry out paragraph (2) and" after "to be used", and
(5) [Omitted; added paragraph (2) at the end of section 404(b).]

(b) EFFECTIVE DATE.-Section 404(b)(2)(A)(i) of the Immigration and Nationality Act, as added by the amendment made by subsection (a)(5), shall apply with respect to increases in the number of asylum applications filed in a calendar quarter begin

ning on or after January 1, 1989. The Attorney General may not spend any amounts from the immigration emergency fund pursuant to the amendments made by subsection (a) before October 1, 1991.

TITLE VIII-EDUCATION AND TRAINING

SEC. 801. EDUCATIONAL ASSISTANCE AND TRAINING.

(a) USE OF FUND.-The Secretary of Labor shall provide for grants to States to provide educational assistance and training for United States workers. The Secretary shall consult with the Secretary of Education in making grants under this section.

(b) ALLOCATION OF FUNDS.-Within the purposes described in subsection (a), funds in the account used under this section shall be allocated among the States based on a formula, established jointly by the Secretaries of Labor and Education, that takes into consideration

(1) the location of foreign workers admitted into the United States,

(2) the location of individuals in the United States requiring and desiring the educational assistance and training for which the funds can be applied, and (3) the location of unemployed and underemployed United States workers. (c) DISBURSEMENT TO STATES.—

(1) Within the purposes and allocations established under this section, disbursements shall be made to the States, in accordance with grant applications submitted to and approved jointly by the Secretaries of Labor and Education, to be applied in a manner consistent with the guidelines established by such Secretaries in consultation with the States. In applying such grants, the States shall consider providing funding to joint labor-management trust funds and other such non-profit organizations which have demonstrated capability and experience in directly training and educating workers.

(2) Not more than 5 percent of the funds disbursed to any State under this section may be used for administrative expenses.

(d) LIMITATION ON FEDERAL OVERHEAD.-The Secretaries shall provide that not more than 2 percent of the amount of funds disbursed to States under this section may be used by the Federal Government in the administration of this section.

(e) ANNUAL REPORT.-The Secretary of Labor shall report annually to the Congress on the grants to States provided under this section.

(f) STATE DEFINED. In this section, the term "State" has the meaning given such term in section 101(a)(36) of the Immigration and Nationality Act.

2. SELECTED PROVISIONS OF THE IMMIGRATION AND NATIONALITY ACT BEFORE REVISION BY THE IMMIGRATION ACT OF 1990 (PUBLIC LAW 101-649, NOV. 29, 1990)

Section 101(a)(27)(C) of the INA (before revision by § 151(a) of P.L. 101-649):

(C)(i) an immigrant who continuously for at least two years immediately preceding the time of his application for admission to the United States has been, and who seeks to enter the United States solely for the purpose of carrying on the vocation of minister of a religious denomination, and whose services are needed by such religious denomination having a bona fide organization in the United States; and (ii) the spouse or the child of any such immigrant, if accompanying or following to join him;

Section 201 of the INA (before revision by § 101(a) of P.L. 101649):

NUMERICAL LIMITATIONS

SEC. 201. (a) Exclusive of special immigrants defined in section 101(a)(27), immediate relatives specified in subsection (b) of this section, and aliens who are admitted or granted asylum under section 207 or 208, the number of aliens born in any for

eign state or dependent area who may be issued immigrant visas or who may otherwise acquire the status of an alien lawfully admitted to the United States for permanent residence, shall not in any of the first three quarters of any fiscal year exceed a total of seventy-two thousand and shall not in any fiscal year exceed two hundred and seventy thousand: Provided, That to the extent that in a particular fiscal year the number of aliens who are issued immigrant visas or who may otherwise acquire the status of aliens lawfully admitted for permanent residence, and who are subject to the numerical limitations of this section, together with the aliens who adjust their status to aliens lawfully admitted for permanent residence pursuant to subparagraph (H) of section 101(a)(27) or section 19 of the Immigration and Nationality Amendments Act of 1981, exceed the annual numerical limitation in effect pursuant to this section for such year, the Secretary of State shall reduce to such extent the annual numerical limitation in effect pursuant to this section for the following fiscal year.

(b) The "immediate relatives" referred to in subsection (a) of this section shall mean the children, spouses, and parents of a citizen of the United States: Provided, That in the case of parents, such citizen must be at least twenty-one years of age. The immediate relatives specified in this subsection who are otherwise qualified for admission as immigrants shall be admitted as such, without regard to the numerical limitations in this Act.

Section 202 of the INA (before revision by § 102 of P.L. 101-649): SEC. 202. (a) No person shall receive any preference or priority or be discriminated against in the issuance of an immigrant visa because of his race, sex, nationality, place of birth, or place of residence, except as specifically provided in section 101(a)(27), section 201(b), and section 203: Provided, That the total number of immigrant visas made available to natives of any single foreign state under paragraphs 1) through (7) of section 203(a) shall not exceed 20,000 in any fiscal year: And provided further, That to the extent that in a particular fiscal year the number of such natives who are issued immigrant visas or who may otherwise acquire the status of aliens lawfully admitted for permanent residence and who are subject to the numerical limitation of this section, together with the aliens from the same foreign state who adjust their status to aliens lawfully admitted for permanent residence pursuant to subparagraph (H) of section 101(a)(27) or section 19 of the Immigration and Nationality Amendments Act of 1981, exceed the numerical limitation in effect for such year pursuant to this section, the Secretary of State shall reduce to such extent the numerical limitation in effect for the natives of the same foreign state pursuant to this section for the following fiscal year.

(b) Each independent country, self-governing dominion, mandated territory, and territory under the international trusteeship system of the United Nations, other than the United States and its outlying possessions, shall be treated as a separate foreign state for the purposes of the numerical limitation set forth in the proviso to subsection (a) of this section when approved by the Secretary of State. All other inhabited lands shall be attributed to a foreign state specified by the Secretary of State. For the purposes of this Act the foreign state to which an immigrant is chargeable shall be determined by birth within such foreign state except that (1) an alien child, when accompanied by or following to join his alien parent or parents, may be charged to the foreign state of either parent if such parent has received or would be qualified for an immigrant visa, if necessary to prevent the separation of the child from the parent or parents, and if immigration charged to the foreign state to which such parent has been or would be chargeable has not reached the numerical limitation set forth in the proviso to subsection (a) of this section for that fiscal year; (2) if an alien is chargeable to a different foreign state from that of his spouse, the foreign state to which such alien is chargeable may, if necessary to prevent the separation of husband and wife, be determined by the foreign state of the spouse he is accompanying or following to join, if such spouse has received or would be qualified for an immigrant visa and if immigration charged to the foreign state to which such spouse has been or would be chargeable has not reached the numerical limitation set forth in the proviso to subsection (a) for that fiscal year; (3) an alien born in the United States shall be considered as having been born in the country of which he is a citizen or subject, or, if he is not a citizen or subject of any country, in the last foreign country in which he had his residence as determined by the consular officer; and (4) an alien born within any foreign state in which neither of his parents was born and in which neither of his parents had a residence at the time of such alien's birth may be charged to the foreign state of either parent.