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ERRATUM

(Substitution for p. 445)

in

IMMIGRATION AND NATIONALITY ACT

(10th Edition)

The attached page should be substituted for page 445 of the 10th Edition of the Immigration and Nationality Act (May 1, 1995). The substitute page includes the amendments (relating to fingerprinting) to § 140 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236) made by § 505 of P.L. 103–317 which had been inadvertently omitted. Note that the affected section is the subject of legislation (H.R. 1561) currently being actively considered by the Congress.

DEPOSITORY

JUN 2 2 1995

Stanford University
Jonsson Library

of all overseas visa lookout operations to computerized systems with automated multiple-name search capabilities.

(c) PROCESSING OF VISAS FOR ADMISSION TO THE UNITED STATES.—

(1)(A) Beginning 24 months after the date of the enactment of this Act, whenever a United States consular officer issues a visa for admission to the United States, that official shall certify, in writing, that a check of 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, has been made and that there is no basis under such system for the exclusion of such alien.

(B) If, at the time an alien applies for an immigrant or nonimmigrant visa, the alien's name is included in the Department of State's visa lookout system and the consular officer to whom the application is made fails to follow the procedures in processing the application required by the inclusion of the alien's name in such system, the consular officer's failure shall be made a matter of record and shall be considered as a serious negative factor in the officer's annual performance evaluation.

*

(2) If an alien to whom a visa was issued as a result of a failure described in paragraph (1)(B) is admitted to the United States and there is thereafter probable cause to believe that the alien was a participant in a terrorist act causing serious injury, loss of life, or significant destruction of property, the Secretary of State shall convene an Accountability Review Board under the authority of title III of the Omnibus Diplomatic Security and Antiterrorism Act of 1986.

(d) ACCESS TO THE INTERSTATE IDENTIFICATION INDEX.

(1) Subject to paragraphs (2) and (3), the Department of State Consolidated Immigrant Visa Processing Center shall have on-line access, without payment of any fee or charge, to the Interstate Identification Index of the National Crime Information Center solely for the purpose of determining whether a visa applicant has a criminal history record indexed in such Index/Such access does not entitle the Department of State to obtain the full content of automated records through the Interstate Identification Index. To obtain the full content of a criminal history record, the Department shall submit a separate request to the Identification Records Section of the Federal Bureau of Investigation, and shall pay the appropriate fee as provided for in the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1990 (Public Law 101-162).

(2) The Department of State shall be responsible for all one-time start-up and recurring incremental non-personnel costs of establishing and maintaining the access authorized in paragraph (1).

(3) The individual primarily responsible for the day-to-day implementation of paragraph (1) shall be an employee of the Federal Bureau of Investigation selected by the Department of State, and detailed to the Department on a fully reimbursable basis.

(4) Not later than December 31, 1996, the Secretary of State and the Director of the Federal Bureau of Investigation shall jointly submit to the Committee on Foreign Affairs and the Committee on the Judiciary of the House of Representatives, and the Committee on Foreign Relations and the Committee on the Judiciary of the Senate, a report on the effectiveness of the procedure authorized in this subsection.

(5) This subsection shall cease to have effect after December 31, 1997.

*81(d) of P.L. 103-415 struck "serious loss of life or property in the United States” and inserted "serious injury, loss of life, or significant destruction of property".

1

446

ERRATUM

(Substitution for p. 445)

in

IMMIGRATION AND NATIONALITY ARE

(10th Edition)

The attached page should be substituted for page 10th Edition of the Immigration and Nationality Act The substitute page includes the amendments fingerprinting) to § 140 of the Foreign Relations Author Fiscal Years 1994 and 1995 (Public Law 103-236)

3

of P.L. 103–317 which had been inadvertently omitted. Note: EN the affected section is the subject of legislation ( rently being actively considered by the Congress.

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O. TITLE XIII OF THE VIOLENT CRIME CONTROL AND LAW
ENFORCEMENT ACT OF 1994

(Public Law 103-322, September 13, 1994)

TITLE XIII-CRIMINAL ALIENS AND
IMMIGRATION ENFORCEMENT

SEC. 130001. ENHANCEMENT OF PENALTIES FOR FAILING TO DEPART, OR REENTERING, AFTER FINAL ORDER OF DEPORTATION.

(a) FAILURE TO DEPART.-[Omitted; amended section 242(e) of the INA.] (b) REENTRY.—[Omitted; amended section 276(b) of the INA.]

SEC. 130002. CRIMINAL ALIEN TRACKING CENTER.

(a) OPERATION.-The Attorney General shall, under the authority of section 242(a)(3)(A) of the Immigration and Nationality Act (8 U.S.C. 1252(a)(3)(A)), operate a criminal alien tracking center.

(b) AUTHORIZATION OF APPROPRIATIONS.-There are authorized to be appropriated to carry out this section

(1) $3,400,000 for fiscal year 1996;
(2) $3,600,000 for fiscal year 1997;
(3) $3,700,000 for fiscal year 1998;

(4) $3,800,000 for fiscal year 1999; and

(5) $3,900,000 for fiscal year 2000.

SEC. 130008. ALIEN WITNESS COOPERATION AND COUNTERTERRORISM INFORMATION. (a) ESTABLISHMENT OF NEW NONIMMIGRANT CLASSIFICATION.—[Omitted; added a subparagraph (S) to section 101(a)(15) of the INA.] (b) CONDITIONS OF ENTRY.

(1) WAIVER OF GROUNDS FOR EXCLUSION.—[Omitted; inserted paragraph (1) to section 212(d) of the INA.]

(2) NUMERICAL LIMITATIONS; PERIOD OF ADMISSION; ETC.—[Omitted; added a subsection (j) to section 214 of the INA.]

(3) PROHIBITION OF CHANGE OF STATUS.—[Omitted; amended section 248(1) of the INA.]

(c) ADJUSTMENT TO PERMANENT RESIDENT STATUS.—

(1) IN GENERAL.-[Omitted; added a subsection (i) to section 245 of the INA.]

(2) EXCLUSIVE MEANS OF ADJUSTMENT.-[Omitted; inserted a clause (5) in section 245(c) of the INA.]

(d) EXTENSION OF PERIOD OF DEPORTATION FOR CONVICTION OF A CRIME.— [Omitted: amended section 241(a)(2)(A)(i)(I) of the INA.]

SEC. 180004. DEPORTATION PROCEDURES FOR CERTAIN CRIMINAL ALIENS WHO ARE NOT PERMANENT RESIDENTS.

(a) ELIMINATION OF ADMINISTRATIVE HEARING FOR CERTAIN CRIMINAL ALIENS.— [Omitted; added a subsection (b) as the end of section 242A of the INA.]

(b) LIMITED JUDICIAL REVIEW.—[Omitted; amended section 106(a) of the INA and added subsection (d) to section 106 of the INA.]

(c) TECHNICAL AMENDMENTS.-[Omitted; amended section 242A of the INA.] (d) EFFECTIVE DATE.-The amendments made by this section shall apply to all aliens against whom deportation proceedings are initiated after the date of enactment of this Act.

SEC. 130005. EXPEDITIOUS DEPORTATION FOR DENIED ASYLUM APPLICANTS.

(a) IN GENERAL.-The Attorney General may provide for the expeditious adjudication of asylum claims and the expeditious deportation of asylum applicants whose applications have been finally denied, unless the applicant remains in an otherwise valid nonimmigrant status.

(b) EMPLOYMENT AUTHORIZATION.-[Omitted; added subsection (e) to section 208 of the INA.]

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