the Secretary of State shall not be required to reduce the number of immigran 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

(3) whose continued employment as a registered nurse in the United States meets the standards established for the certification described in section 212(a)(5)(A) 1 of such Act.

The Attorney General shall promulgate regulations to carry out this subsection by not later than 90 days after the date of the enactment of this Act.

(b) TRANSITION.—For purposes of adjustment of status under section 245 of the Immigration and Nationality Act in the case of an alien who, as of September 1, 1989,2 is present in the United States in the status of a nonimmigrant under section 101(a)(15)(H)(i) of such Act to perform services as a registered nurse, who, as of September 1, 1989, is present in the United States and had been admitted to the United States in the status of nonimmigrant under section 101(a)(15)(H)(i) of such Act to perform services as a registered nurse but has failed to maintain that status due to the expiration of the time limitation with respect to such status, or who is the spouse or child of such an alien, unauthorized employment 5 performed before the date of the enactment of the Immigration Act of 1990 shall not be taken into account in applying section 245(c)(2) of the Immigration and Nationality Act and such an alien shall be considered as having continued to maintain 6 lawful status throughout his or her stay in the United States as a nonimmigrant until the end of the 120-day period beginning on the date the Attorney General promulgates regula tions carrying out the amendments made by section 162(f)(1) of the Immigration Act

of 1990.

(c) APPLICATION OF IMMIGRATION AND NATIONALITY ACT PROVISIONS.—The defini tions contained in the Immigration and Nationality Act shall apply in the adminis

1 § 307(1)(10) of the Miscellaneous and Technical Immigration and Naturalization Amendments of 1991 (P.L. 102-232, Dec. 12, 1991, 105 Stat. 1757) substituted a reference to “212(a)(5)A)” for a reference to "212(a)(14)". 2 § 162(f)(1XA) of the Immigration Act of 1990 (P.L. 101-649, Nov. 29, 1990, 104 Stat. 5011) substituted September 1, 1989, for December 31, 1989.

3 § 162(f)(1)(B) of that Act substituted "status" for "lawful status".

The phrase "who, as of September 1, 1989" through "time limitation with respect to such status" was inserted by § 302(e)(10) of the Miscellaneous and Technical Immigration and Natu ralization Amendments of 1991 (P.L. 102-232, Dec. 12, 1991, 105 Stat. 1746), effective as if included in the Immigration Nursing Relief Act of 1989.

5 § 162(X1XC) of the Immigration Act of 1990 inserted the phrase "unauthorized employment" and all that follows through "Nationality Act and".

6 § 162(f)(1)D) of that Act struck "lawful status as such a nonimmigrant until the end of the 120-day period beginning on the date the Attorney General promulgates regulations carrying out subsection (a)" and inserted all that follows "maintain".

ration of this section. The fact that an alien may be eligible to be granted the tatus of having been lawfully admitted for permanent residence under this section hall not preclude the alien from seeking such status under any other provision of aw for which the alien may be eligible.

(d) APPLICATION PERIOD.-The alien, and accompanying spouse and children, must pply for such adjustment within the 5-year period beginning on the date the Attorey General promulgates regulations required under subsection (a).

SEC. 3. REQUIREMENTS FOR ADMISSION OF NONIMMIGRANT NURSES DURING 5-YEAR PERIOD. (a) ESTABLISHMENT OF A NEW NONIMMIGRANT CLASSIFICATION FOR NONIMMIGRANT NURSES. Section 101(a)(15)(H)(i) of the Immigration and Nationality Act (8 U.S.C. -1101(a)(15)(H)(i)) is amended

(1) by inserting "(a) who is coming temporarily to the United States to perform services as a registered nurse, who meets the qualifications described in section 212(m)(1), and with respect to whom the Secretary of Labor determines and certifies to the Attorney General that an unexpired attestation is on file and in effect under section 212(m) (2) for the facility for which the alien will perform the services, or (b)" after "(i)", and

(2) by inserting "(other than services as a registered nurse)" after "to perform services".

(b) REQUIREMENTS.-[Omitted; added subsection (m) to §212.]

(c) IMPLEMENTATION.—The Secretary of Labor (in consultation with the Secretary of Health and Human Services) shall

(1) first publish final regulations to carry out section 212(m) of the Immigration and Nationality Act (as added by this section) not later than the first day of the 8th month beginning after the date of the enactment of this Act [viz., August 1, 1990]; and

(2) provide for the appointment (by January 1, 1991) of an advisory group, including representatives of the Secretary, the Secretary of Health and Human Services, the Attorney General, hospitals, and labor organizations representing registered nurses, to advise the Secretary

(A) concerning the impact of this section on the nursing shortage,

(B) on programs that medical institutions may implement to recruit and retain registered nurses who are United States citizens or immigrants who are authorized to perform nursing services,

(C) on the formulation of State recruitment and retention plans under section 212(m)(3) of the Immigration and Nationality Act, and

(D) on the advisability of extending the amendments made by this section beyond the 5-year period described in subsection (d).

(d) LIMITING APPLICATION OF NONIMMIGRANT CHANGES TO 5-YEAR PERIOD.-The amendments made by the previous provisions of this section shall apply to classification petitions filed for nonimmigrant status only during the 5-year period beginning on [viz., September 1, 1990] the first day of the 9th month beginning after the date of the enactment of this Act.

SEC. 4. FRAUD PREVENTION IN SAW PROGRAM.

(a) Section 210(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1160(a)(3)) is amended by

(1) inserting "(A)" before "During", and

(2) inserting at the end of such paragraph the following new subparagraph: "(B) Before any alien becomes eligible for adjustment of status under paragraph (2), the Attorney General may deny adjustment to permanent status and provide for termination of the temporary resident status granted such alien under paragraph (1) if—

"(i) the Attorney General finds by a preponderance of the evidence that the adjustment to temporary resident status was the result of fraud or willful misrepresentation as set out in section 212(a)(19), or

"(ii) the alien commits an act that (I) makes the alien inadmissible to the United States as an immigrant, except as provided under subsection (c)(2), or (II) is convicted of a felony or 3 or more misdemeanors committed in the United States.".

(b) Section 210(b)(6)(A) of the Immigration and Nationality Act (8 U.S.C. 1160) is amended to read as follows:

"(A) use the information furnished pursuant to an application filed under this section for any purpose other than to make a determination on the application including a determination under subparagraph (a)(3)(B), or for enforcement of paragraph (7).".

SEC. 5. PILOT PROJECTS FOR SECURE DOCUMENTS.

(a) CONSULTATION.—Before June 1, 1991, the Attorney General shall consult wi State governments on any proper State initiative to improve the security of State local documents which would satisfy the requirements of section 274A(b)(1) of t Immigration and Nationality Act (8 U.S.C. 1324a). The result of such consultation shall be reported, before September 1, 1991, to the Committees on the Judiciary the Senate and House of Representatives of the United States.

(b) ASSISTANCE FOR STATE INITIATIVES.-After such consultation described in sub section (a), the Attorney General shall make grants to, and enter into contracts with (to such extent or in such amounts as are provided in an appropriation Act), the State of California and at least 2 other States with large immigrant populations to promote any State initiatives to improve the security of State or local documents which would satisfy the requirements of section 274A(b)(1) of the Immigration and Nationality Act.

(c) AUTHORIZATION OF APPROPRIATIONS.-There are authorized to be appropriated to the Attorney General $10,000,000 for fiscal year 1992 to carry out subsection (b) (d) REPORT REQUIRED.-The Attorney General shall report to the Committees on the Judiciary of the Senate and House of Representatives not later than August 1 1993, on the security of State or local documents which would satisfy the require ments of section 274A(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1324a), and any improvements in such documents that have occurred as a result of this section.

SEC. 6. ADDITIONAL USES OF STATE LEGALIZATION IMPACT ASSISTANCE GRANT FUNDS.

(a) IN GENERAL.-Section 204(c) of the Immigration Reform and Control Act of 1986 is amended

(1) in paragraph (1)—

(A) by striking "and" at the end of subparagraph (B),

(B) by striking the period at the end of subparagraph (C) and inserting a comma, and

(C) by inserting after subparagraph (C) the following new subparagraphs: “(D) to make payments for public education and outreach (including the provision of information to individual applicants) to inform temporary resident aliens regarding—

"(i) the requirements of sections 210, 210A, and 245A of the Immigration and Nationality Act regarding the adjustment of resident status,

"(ii) sources of assistance for such aliens obtaining the adjustment of status described in clause (i), including educational, informational, referral services, and the rights and responsibilities of such aliens and aliens lawfully admitted for permanent residence,

"(iii) the identification of health, employment, and social services, and "(iv) the importance of identifying oneself as a temporary resident alien to service providers,

except that nothing in this subparagraph may be construed as authorizing the provision of client counseling or any other service which would assume responsibility for the alien's application for the adjustment of status described in clause (i),

"(E)(i) subject to clause (ii), to make payments for education and outreach efforts by State agencies regarding unfair discrimination in employment practices based on national origin or citizenship status,

“(ii) except that the State agencies shall not initiate such efforts until after such consultation with the Office of the Special Counsel for Unfair Immigration-Related Employment Practices as is appropriate to ensure, to the maximum extent feasible, a uniform program."; and

(2) in paragraph (2), by adding at the end the following new subparagraph: "(D) of the amount allotted to a State with respect to any fiscal year, a State may not use more than

"(i) 1 percent (or, if greater, $100,000) for payments under paragraph (1)(D), and

“(ii) 1 percent (or, if greater, $100,000) for payments under paragraph (1)(E).”. (b) EFFECTIVE DATE.-The amendments made by subsection (a) shall apply to the use of allotments for fiscal years beginning with fiscal year 1989.

FOREIGN RELATIONS AUTHORIZATION ACT, FISCAL YEARS 1990 AND

1991

(Public Law 101-246, February 16, 1990)

C. 128. PROHIBITION ON EXCLUSION OR DEPORTATION OF NONIMMIGRANT ALIENS ON CERTAIN GROUNDS.

a) TECHNICAL CORRECTION.-Section 901 of the Foreign Relations Authorization et, Fiscal Years 1988 and 1989 (8 U.S.C. 1182 note) is amended in subsection (a) by serting “subject to restrictions or conditions on entry into the United States,' ter "United States," the first place it appears.

(b) REPEAL OF TERMINATION PROVISION.-Subsection (d) of section 901 of the Forgn Relations Authorization Act, Fiscal Years 1988 and 1989 (8 U.S.C. 1182 note) is epealed.

EC. 131. EXCLUSION OF ALIENS PREVIOUSLY INVOLVED IN SERIOUS CRIMINAL OFFENSES COMMITTED IN THE UNITED STATES.

(a) GROUNDS OF EXCLUSION.-[Omitted; added paragraph (34) to section 212(a) of the INA]

(b) DEFINITION.-[Omitted; added subsection (h) to section 101 of the INA]

(c) WAIVER.-Section 212(h) of the Immigration and Nationality Act (8 U.S.C. 1182(h)) is amended by striking out “or (12)” and inserting in lieu thereof “(12), or (34)".

(d) REPORT CONCERNING COMPENSATION And DiplomatIC IMMUNITY.—(1) Not later than 180 days after the date of enactment of this Act, the Secretary of State shall prepare and submit to the appropriate committees of the Congress a report which considers the need and feasibility of establishing a program which makes compensation awards to United States citizens and permanent resident aliens in the United States for physical injury or financial loss which is the result of criminal activity reasonably believed to have been committed by individuals with immunity from criminal jurisdiction as a result of international obligations of the United States arising from multilateral agreements, bilateral agreements, or otherwise under international law.

(2) Together with such other information as the Secretary of State considers appropriate, the report shall include

(A) a plan and feasibility analysis for the establishment of such a program, including

(i) specific recommendations for funding, administration, and procedures and standards for compensation and payment of awards; and

(ii) particular consideration of the feasibility of an appeals mechanism;

(B) an assessment of

(i) the feasibility of establishing a fund;

(ii) the availability of existing accounts; or

(iii) other sources of funding for the program; and

(C) consideration of other possible mechanisms for compensation or reimbursement, including direct compensation by the individual with immunity from criminal jurisdiction or by the sending country of that individual.

E

SEC. 407. DENIAL OF VISAS TO CERTAIN REPRESENTATIVES TO THE UNITED NATIONS.

(a) IN GENERAL.-The President shall use his authority, including the authorities contained in section 6 of the United Nations Headquarters Agreement Act (Public Law 80-357), to deny any individual's admission to the United States as a representative to the United Nations if the President determines that such individual has been found to have been engaged in espionage activities directed against the United States or its allies and may pose a threat to United States national security interests.

(b) WAIVER.-The President may waive the provisions of subsection (a) if t President determines, and so notifies the Congress, that such a waiver is in the tional security interests of the United States.

K. FOREIGN RELATIONS AUTHORIZATION ACT, FISCAL YEARS 1992 AND 1993

(Public Law 102-138, October 28, 1991)

SEC. 128. VISA LOOKOUT SYSTEMS.

(a) VISAS.-The Secretary of State may not include in the Automated Visa Lookout System, or in any other system or list which maintains information about the excludability of aliens under the Immigration and Nationality Act, the name of any alien who is not excludable from the United States under the Immigration and Nationality Act, subject to the provisions of this section.

(b) CORRECTION OF LISTS.-Not later than 3 years after the date of enactment of this Act, the Secretary of State shall

(1) correct the Automated Visa Lookout System, or any other system or list which maintains information about the excludability of aliens under the Immigration and Nationality Act, by deleting the name of any alien not excludable under the Immigration and Nationality Act; and

(2) report to the Congress concerning the completion of such correction proc

ess.

(c) REPORT ON CORRECTION PROCESS.—

(1) Not later than 90 days after the date of enactment of this Act, the Secretary of State, in coordination with the heads of other appropriate Government agencies, shall prepare and submit to the appropriate congressional committees, a plan which sets forth the manner in which the Department of State will correct the Automated Visa Lookout System, and any other system or list as set forth in subsection (b).

(2) Not later than 1 year after the date of enactment of this Act, the Secretary of State shall report to the appropriate congressional committees on the progress made toward completing the correction of lists as set forth in subsection (b).

(d) APPLICATION.-This section refers to the Immigration and Nationality Act as in effect on and after June 1, 1991.

(e) LIMITATION.—

(1) The Secretary may add or retain in such system or list the names of aliens who are not excludable only if they are included for otherwise authorized law enforcement purposes or other lawful purposes of the Department of State. A name included for other lawful purposes under this paragraph shall include a notation which clearly and distinctly indicates that such person is not presently excludable. The Secretary of State shall adopt procedures to ensure that visas are not denied to such individuals for any reason not set forth in the Immigra tion and Nationality Act.

(2) The Secretary shall publish in the Federal Register regulations and standards concerning maintenance and use by the Department of State of systems and lists for purposes described in paragraph (1).

(3) Nothing in this section may be construed as creating new authority or expanding any existing authority for any activity not otherwise authorized by law. (f) DEFINITION.-As used in this section the term "appropriate congressional committees" means the Committee on the Judiciary and the Committee on Foreign Af fairs of the House of Representatives and the Committee on the Judiciary and the Committee on Foreign Relations of the Senate.