TITLE VI--MISCELLANEOUS PROVISIONS

Subtitle A--Refugees, Parole, and Asylum

SEC. 601. PERSECUTION FOR RESISTANCE TO COERCIVE POPULATION
CONTROL METHODS.

(a) Definition of Refugee.--
(1) Section 101(a)(42) (8 U.S.C. 1101(a)(42)) is amended by
adding at the end the following: ``For purposes of
determinations under this Act, a person who has been forced
to abort a pregnancy or to undergo involuntary sterilization,
or who has been persecuted for failure or refusal to undergo
such a procedure or for other resistance to a coercive
population control program, shall be deemed to have been
persecuted on account of political opinion, and a person who
has a well founded fear that he or she will be forced to
undergo such a procedure or subject to persecution for such
failure, refusal, or resistance shall be deemed to have a
well founded fear of persecution on account of political
opinion.''.
(2) Not later than 90 days after the end of each fiscal
year, the Attorney General shall submit a report to the
Committee on the Judiciary of the House of Representatives
and the Committee on the Judiciary of the Senate describing
the number and countries of origin of aliens granted refugee
status or asylum under determinations pursuant to the
amendment made by paragraph (1). Each such report shall also
contain projections regarding the number and countries of
origin of aliens that are likely to be granted refugee status
or asylum for the subsequent 2 fiscal years.
(b) Numerical Limitation.--Section 207(a) (8 U.S.C.
1157(a)) is amended by adding at the end the following new
paragraph:
``(5) For any fiscal year, not more than a total of 1,000
refugees may be admitted under this subsection or granted
asylum under section 208 pursuant to a determination under
the third sentence of section 101(a)(42) (relating to
persecution for resistance to coercive population control
methods).''.

SEC. 602. LIMITATION ON USE OF PAROLE

(a) Parole Authority.--Section 212(d)(5)(A) (8 U.S.C.
1182(d)(5)) is amended by striking ``for emergent reasons or
for reasons deemed strictly in the public interest'' and
inserting ``only on a case-by-case basis for urgent
humanitarian reasons or significant public benefit''.
(b) Report to Congress.--Not later than 90 days after the
end of each fiscal year, the Attorney General shall submit a
report to the Committee on the Judiciary of the House of
Representatives and the Committee on the Judiciary of the
Senate describing the number and categories of aliens paroled
into the United States under section 212(d)(5) of the
Immigration and Nationality Act. Each such report shall
provide the total number of aliens paroled into and residing
in the United States and shall contain information and data
for each country of origin concerning the number and
categories of aliens paroled, the duration of parole, the
current status of aliens paroled, and the number and
categories of aliens returned to the custody from which they
were paroled during the preceding fiscal year.

SEC. 603. TREATMENT OF LONG-TERM PAROLEES IN APPLYING
WORLDWIDE NUMERICAL LIMITATIONS.

Section 201(c) (8 U.S.C. 1151(c)) is amended--
(1) by amending paragraph (1)(A)(ii) to read as follows:
``(ii) the sum of the number computed under paragraph (2)
and the number computed under paragraph (4), plus''; and
(2) by adding at the end the following new paragraphs:
``(4) The number computed under this paragraph for a fiscal
year (beginning with fiscal

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year 1999) is the number of aliens who were paroled into the
United States under section 212(d)(5) in the second preceding
fiscal year--
``(A) who did not depart from the United States (without
advance parole) within 365 days; and
``(B) who (i) did not acquire the status of aliens lawfully
admitted to the United States for permanent residence in the
two preceding fiscal years, or (ii) acquired such status in
such years under a provision of law (other than section
201(b)) which exempts such adjustment from the numerical
limitation on the worldwide level of immigration under this
section.
``(5) If any alien described in paragraph (4) (other than
an alien described in paragraph (4)(B)(ii)) is subsequently
admitted as an alien lawfully admitted for permanent
residence, such alien shall not again be considered for
purposes of paragraph (1).''.

SEC. 604. ASYLUM REFORM.

(a) Asylum Reform.--Section 208 (8 U.S.C. 1158) is amended
to read as follows:


``asylum

``Sec. 208. (a) Authority To Apply for Asylum.--
``(1) In general.--Any alien who is physically present in
the United States or who arrives in the United States
(whether or not at a designated port of arrival and including
an alien who is brought to the United States after having
been interdicted in international or United States waters),
irrespective of such alien's status, may apply for asylum in
accordance with this section or, where applicable, section
235(b).
``(2) Exceptions.--
``(A) Safe third country.--Paragraph (1) shall not apply to
an alien if the Attorney General determines that the alien
may be removed, pursuant to a bilateral or multilateral
agreement, to a country (other than the country of the
alien's nationality or, in the case of an alien having no
nationality, the country of the alien's last habitual
residence) in which the alien's life or freedom would not be
threatened on account of race, religion, nationality,
membership in a particular social group, or political
opinion, and where the alien would have access to a full and
fair procedure for determining a claim to asylum or
equivalent temporary protection, unless the Attorney General
finds that it is in the public interest for the alien to
receive asylum in the United States.
``(B) Time limit.--Subject to subparagraph (D), paragraph
(1) shall not apply to an alien unless the alien demonstrates
by clear and convincing evidence that the application has
been filed within 1 year after the date of the alien's
arrival in the United States.
``(C) Previous asylum applications.--Subject to
subparagraph (D), paragraph (1) shall not apply to an alien
if the alien has previously applied for asylum and had such
application denied.
``(D) Changed circumstances.--An application for asylum of
an alien may be considered, notwithstanding subparagraphs (B)
and (C), if the alien demonstrates to the satisfaction of the
Attorney General either the existence of changed
circumstances which materially affect the applicant's
eligibility for asylum or extraordinary circumstances
relating to the delay in filing an application within the
period specified in subparagraph (B).
``(3) Limitation on judicial review.--No court shall have
jurisdiction to review any determination of the Attorney
General under paragraph (2).
``(b) Conditions for Granting Asylum.--
``(1) In general.--The Attorney General may grant asylum to
an alien who has applied for asylum in accordance with the
requirements and procedures established by the Attorney
General under this section if the Attorney General determines
that such alien is a refugee within the meaning of section
101(a)(42)(A).
``(2) Exceptions.--
``(A) In general.--Paragraph (1) shall not apply to an
alien if the Attorney General determines that--
``(i) the alien ordered, incited, assisted, or otherwise
participated in the persecution of any person on account of
race, religion, nationality, membership in a particular
social group, or political opinion;
``(ii) the alien, having been convicted by a final judgment
of a particularly serious crime, constitutes a danger to the
community of the United States;
``(iii) there are serious reasons for believing that the
alien has committed a serious nonpolitical crime outside the
United States prior to the arrival of the alien in the United
States;
``(iv) there are reasonable grounds for regarding the alien
as a danger to the security of the United States;
``(v) the alien is inadmissible under subclause (I), (II),
(III), or (IV) of section 212(a)(3)(B)(i) or removable under
section 237(a)(4)(B) (relating to terrorist activity),
unless, in the case only of an alien inadmissible under
subclause (IV) of section 212(a)(3)(B)(i), the Attorney
General determines, in the Attorney General's discretion,
that there are not reasonable grounds for regarding the alien
as a danger to the security of the United States; or
``(vi) the alien was firmly resettled in another country
prior to arriving in the United States.
``(B) Special rules.--
``(i) Conviction of aggravated felony.--For purposes of
clause (ii) of subparagraph (A), an alien who has been
convicted of an aggravated felony shall be considered to have
been convicted of a particularly serious crime.
``(ii) Offenses.--The Attorney General may designate by
regulation offenses that will be considered to be a crime
described in clause (ii) or (iii) of subparagraph (A).
``(C) Additional limitations.--The Attorney General may by
regulation establish additional limitations and conditions,
consistent with this section, under which an alien shall be
ineligible for asylum under paragraph (1).
``(D) No judicial review.--There shall be no judicial
review of a determination of the Attorney General under
subparagraph (A)(v).
``(3) Treatment of spouse and children.--A spouse or child
(as defined in section 101(b)(1)(A), (B), (C), (D), or (E))
of an alien who is granted asylum under this subsection may,
if not otherwise eligible for asylum under this section, be
granted the same status as the alien if accompanying, or
following to join, such alien.
``(c) Asylum Status.--
``(1) In general.--In the case of an alien granted asylum
under subsection (b), the Attorney General--
``(A) shall not remove or return the alien to the alien's
country of nationality or, in the case of a person having no
nationality, the country of the alien's last habitual
residence;
``(B) shall authorize the alien to engage in employment in
the United States and provide the alien with appropriate
endorsement of that authorization; and
``(C) may allow the alien to travel abroad with the prior
consent of the Attorney General.
``(2) Termination of asylum.--Asylum granted under
subsection (b) does not convey a right to remain permanently
in the United States, and may be terminated if the Attorney
General determines that--
``(A) the alien no longer meets the conditions described in
subsection (b)(1) owing to a fundamental change in
circumstances;
``(B) the alien meets a condition described in subsection
(b)(2);
``(C) the alien may be removed, pursuant to a bilateral or
multilateral agreement, to a country (other than the country
of the alien's nationality or, in the case of an alien having
no nationality, the country of the alien's last habitual
residence) in which the alien's life or freedom would not be
threatened on account of race, religion, nationality,
membership in a particular social group, or political
opinion, and where the alien is eligible to receive asylum or
equivalent temporary protection;
``(D) the alien has voluntarily availed himself or herself
of the protection of the alien's country of nationality or,
in the case of an alien having no nationality, the alien's
country of last habitual residence, by returning to such
country with permanent resident status or the reasonable
possibility of obtaining such status with the same rights and
obligations pertaining to other permanent residents of that
country; or
``(E) the alien has acquired a new nationality and enjoys
the protection of the country of his or her new nationality.
``(3) Removal when asylum is terminated.--An alien
described in paragraph (2) is subject to any applicable
grounds of inadmissibility or deportability under section
212(a) and 237(a), and the alien's removal or return shall be
directed by the Attorney General in accordance with sections
240 and 241.
``(d) Asylum Procedure.--
``(1) Applications.--The Attorney General shall establish a
procedure for the consideration of asylum applications filed
under subsection (a). The Attorney General may require
applicants to submit fingerprints and a photograph at such
time and in such manner to be determined by regulation by the
Attorney General.
``(2) Employment.--An applicant for asylum is not entitled
to employment authorization, but such authorization may be
provided under regulation by the Attorney General. An
applicant who is not otherwise eligible for employment
authorization shall not be granted such authorization prior
to 180 days after the date of filing of the application for
asylum.
``(3) Fees.--The Attorney General may impose fees for the
consideration of an application for asylum, for employment
authorization under this section, and for adjustment of
status under section 209(b). Such fees shall not exceed the
Attorney General's costs in adjudicating the applications.
The Attorney General may provide for the assessment and
payment of such fees over a period of time or by
installments. Nothing in this paragraph shall be construed to
require the Attorney General to charge fees for adjudication
services provided to asylum applicants, or to limit the
authority of the Attorney General to set adjudication and
naturalization fees in accordance with section 286(m).
``(4) Notice of privilege of counsel and consequences of
frivolous application.--At the time of filing an application
for asylum, the Attorney General shall--
``(A) advise the alien of the privilege of being
represented by counsel and of the consequences, under
paragraph (6), of knowingly filing a frivolous application
for asylum; and
``(B) provide the alien a list of persons (updated not less
often than quarterly) who have indicated their availability
to represent aliens in asylum proceedings on a pro bono
basis.
``(5) Consideration of asylum applications.--
``(A) Procedures.--The procedure established under
paragraph (1) shall provide that--
``(i) asylum cannot be granted until the identity of the
applicant has been checked against all appropriate records or
databases maintained by the Attorney General and by the
Secretary of State, including the Automated Visa Lookout
System, to determine any grounds on which the alien may be
inadmissible to or deportable from the United States, or
ineligible to apply for or be granted asylum;
``(ii) in the absence of exceptional circumstances, the
initial interview or hearing on the asylum application shall
commence not later than 45 days after the date an application
is filed;
``(iii) in the absence of exceptional circumstances, final
administrative adjudication of

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the asylum application, not including administrative appeal,
shall be completed within 180 days after the date an
application is filed;
``(iv) any administrative appeal shall be filed within 30
days of a decision granting or denying asylum, or within 30
days of the completion of removal proceedings before an
immigration judge under section 240, whichever is later; and
``(v) in the case of an applicant for asylum who fails
without prior authorization or in the absence of exceptional
circumstances to appear for an interview or hearing,
including a hearing under section 240, the application may be
dismissed or the applicant may be otherwise sanctioned for
such failure.
``(B) Additional regulatory conditions.--The Attorney
General may provide by regulation for any other conditions or
limitations on the consideration of an application for asylum
not inconsistent with this Act.
``(6) Frivolous applications.--If the Attorney General
determines that an alien has knowingly made a frivolous
application for asylum and the alien has received the notice
under paragraph (4)(A), the alien shall be permanently
ineligible for any benefits under this Act, effective as of
the date of a final determination on such application.
``(7) No private right of action.--Nothing in this
subsection shall be construed to create any substantive or
procedural right or benefit that is legally enforceable by
any party against the United States or its agencies or
officers or any other person.''.
(b) Conforming and Clerical Amendments.--
(1) The item in the table of contents relating to section
208 is amended to read as follows:

``Sec. 208. Asylum.''.

(2) Section 104(d)(1)(A) of the Immigration Act of 1990
(Public Law 101-649) is amended by striking ``208(b)'' and
inserting ``208''.
(c) Effective Date.--The amendment made by subsection (a)
shall apply to applications for asylum filed on or after the
first day of the first month beginning more than 180 days
after the date of the enactment of this Act.

SEC. 605. INCREASE IN ASYLUM OFFICERS.

Subject to the availability of appropriations, the Attorney
General shall provide for an increase in the number of asylum
officers to at least 600 asylum officers by fiscal year 1997.

SEC. 606. CONDITIONAL REPEAL OF CUBAN ADJUSTMENT ACT.

(a) In General.--Public Law 89-732 is repealed effective
only upon a determination by the President under section
203(c)(3) of the Cuban Liberty and Democratic Solidarity
(LIBERTAD) Act of 1996 (Public Law 104-114) that a
democratically elected government in Cuba is in power.
(b) Limitation.--Subsection (a) shall not apply to aliens
for whom an application for adjustment of status is pending
on such effective date.