TITLE VI--MISCELLANEOUS PROVISIONS

Subtitle B--Miscellaneous Amendments to the Immigration and Nationality
Act

SEC. 621. ALIEN WITNESS COOPERATION.

Section 214(j)(1) (8 U.S.C. 1184(j)(1)) (as added by
section 130003(b)(2) of the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322; 108 Stat. 2025))
(relating to numerical limitations on the number of aliens
who may be provided a visa as nonimmigrants under section
101(a)(15)(S) of the Immigration and Nationality Act) is
amended--
(1) by striking ``100.'' and inserting ``200.''; and
(2) by striking ``25.'' and inserting ``50.''.

SEC. 622. WAIVER OF FOREIGN COUNTRY RESIDENCE REQUIREMENT
WITH RESPECT TO INTERNATIONAL MEDICAL
GRADUATES.

(a) Extension of Waiver Program.--Section 220(c) of the
Immigration and Nationality Technical Corrections Act of 1994
(8 U.S.C. 1182 note) is amended by striking ``1996.'' and
inserting ``2002.''.
(b) Conditions on Federally Requested Waivers.--Section
212(e) (8 U.S.C. 1182(e)) is amended by inserting after
``except that in the case of a waiver requested by a State
Department of Public Health, or its equivalent'' the
following: ``, or in the case of a waiver requested by an
interested United States Government agency on behalf of an
alien described in clause (iii),''.
(c) Restrictions on Federally Requested Waivers.--Section
214(k) (8 U.S.C. 1184(k)) (as added by section 220(b) of the
Immigration and Nationality Technical Corrections Act of 1994
(Public Law 103-416; 108 Stat. 4319)) is amended to read as
follows:
``(k)(1) In the case of a request by an interested State
agency, or by an interested Federal agency, for a waiver of
the 2-year foreign residence requirement under section 212(e)
on behalf of an alien described in clause (iii) of such
section, the Attorney General shall not grant such waiver
unless--
``(A) in the case of an alien who is otherwise
contractually obligated to return to a foreign country, the
government of such country furnishes the Director of the
United States Information Agency with a statement in writing
that it has no objection to such waiver;
``(B) in the case of a request by an interested State
agency, the grant of such waiver would not cause the number
of waivers allotted for that State for that fiscal year to
exceed 20;
``(C) in the case of a request by an interested Federal
agency or by an interested State agency--
``(i) the alien demonstrates a bona fide offer of full-time
employment at a health facility or health care organization,
which employment has been determined by the Attorney General
to be in the public interest; and
``(ii) the alien agrees to begin employment with the health
facility or health care organization within 90 days of
receiving such waiver, and agrees to continue to work for a
total of not less than 3 years (unless the Attorney General
determines that extenuating circumstances exist, such as
closure of the facility or hardship to the alien, which would
justify a lesser period of employment at such health facility
or health care organization, in which case the alien must
demonstrate another bona fide offer of employment at a health
facility or health care organization for the remainder of
such 3-year period); and
``(D) in the case of a request by an interested Federal
agency (other than a request by an interested Federal agency
to employ the alien full-time in medical research or
training) or by an interested State agency, the alien agrees
to practice medicine in accordance with paragraph (2) for a
total of not less than 3 years only in the geographic area or
areas which are designated by the Secretary of Health and
Human Services as having a shortage of health care
professionals.
``(2)(A) Notwithstanding section 248(2), the Attorney
General may change the status of an alien who qualifies under
this subsection and section 212(e) to that of an alien
described in section 101(a)(15)(H)(i)(b).
``(B) No person who has obtained a change of status under
subparagraph (A) and who has failed to fulfill the terms of
the contract with the health facility or health care
organization named in the waiver application shall be
eligible to apply for an immigrant visa, for permanent
residence, or for any other change of nonimmigrant status,
until it is established that such person has resided and been
physically present in the country of his nationality or his
last residence for an aggregate of at least 2 years following
departure from the United States.
``(3) Notwithstanding any other provision of this
subsection, the 2-year foreign residence requirement under
section 212(e) shall apply with respect to an alien described
in clause (iii) of such section, who has not otherwise been
accorded status under section 101(a)(27)(H), if--
``(A) at any time the alien ceases to comply with any
agreement entered into under subparagraph (C) or (D) of
paragraph (1); or
``(B) the alien's employment ceases to benefit the public
interest at any time during the 3-year period described in
paragraph (1)(C).''.

SEC. 623. USE OF LEGALIZATION AND SPECIAL AGRICULTURAL WORKER
INFORMATION.

(a) Confidentiality of Information.--Section 245A(c)(5) (8
U.S.C. 1255a(c)(5)) is amended to read as follows:
``(5) Confidentiality of information.--
``(A) In general.--Except as provided in this paragraph,
neither the Attorney General, nor any other official or
employee of the Department of Justice, or bureau or agency
thereof, may--
``(i) use the information furnished by the applicant
pursuant to an application filed under this section for any
purpose other than to make a determination on the
application, for enforcement of paragraph (6), or for the
preparation of reports to Congress under section 404 of the
Immigration Reform and Control Act of 1986;
``(ii) make any publication whereby the information
furnished by any particular applicant can be identified; or
``(iii) permit anyone other than the sworn officers and
employees of the Department or bureau or agency or, with
respect to applications filed with a designated entity, that
designated entity, to examine individual applications.
``(B) Required disclosures.--The Attorney General shall
provide the information furnished under this section, and any
other information derived from such furnished information, to
a duly recognized law enforcement entity in connection with a
criminal investigation or prosecution, when such information
is requested in writing by such entity, or to an official
coroner for purposes of affirmatively identifying a deceased
individual (whether or not such individual is deceased as a
result of a crime).
``(C) Authorized disclosures.--The Attorney General may
provide, in the Attorney General's discretion, for the
furnishing of information furnished under this section in the
same manner and circumstances as census information may be
disclosed by the Secretary of Commerce under section 8 of
title 13, United States Code.
``(D) Construction.--
``(i) In general.--Nothing in this paragraph shall be
construed to limit the use, or release, for immigration
enforcement purposes or law enforcement purposes of
information contained in files or records of the Service
pertaining to an application filed under this section, other
than information furnished by an applicant pursuant to the
application, or any other information derived from the
application, that is not available from any other source.
``(ii) Criminal convictions.--Information concerning
whether the applicant has at any time been convicted of a
crime may be used or released for immigration enforcement or
law enforcement purposes.
``(E) Crime.--Whoever knowingly uses, publishes, or permits
information to be examined in violation of this paragraph
shall be fined not more than $10,000.''.
(b) Special Agricultural Workers.--Section 210(b)(6) (8
U.S.C. 1160(b)(6)) is amended to read as follows:
``(6) Confidentiality of information.--
``(A) In general.--Except as provided in this paragraph,
neither the Attorney General, nor any other official or
employee of the Department of Justice, or bureau or agency
thereof, may--
``(i) use the information furnished by the applicant
pursuant to an application filed under this section for any
purpose other than to make a determination on the
application, including a determination under subsection
(a)(3)(B), or for enforcement of paragraph (7);

[[Page H11827]]

``(ii) make any publication whereby the information
furnished by any particular individual can be identified; or
``(iii) permit anyone other than the sworn officers and
employees of the Department or bureau or agency or, with
respect to applications filed with a designated entity, that
designated entity, to examine individual applications.
``(B) Required disclosures.--The Attorney General shall
provide information furnished under this section, and any
other information derived from such furnished information, to
a duly recognized law enforcement entity in connection with a
criminal investigation or prosecution, when such information
is requested in writing by such entity, or to an official
coroner for purposes of affirmatively identifying a deceased
individual (whether or not such individual is deceased as a
result of a crime).
``(C) Construction.--
``(i) In general.--Nothing in this paragraph shall be
construed to limit the use, or release, for immigration
enforcement purposes or law enforcement purposes of
information contained in files or records of the Service
pertaining to an application filed under this section, other
than information furnished by an applicant pursuant to the
application, or any other information derived from the
application, that is not available from any other source.
``(ii) Criminal convictions.--Information concerning
whether the applicant has at any time been convicted of a
crime may be used or released for immigration enforcement or
law enforcement purposes.
``(D) Crime.--Whoever knowingly uses, publishes, or permits
information to be examined in violation of this paragraph
shall be fined not more than $10,000.''.

SEC. 624. CONTINUED VALIDITY OF LABOR CERTIFICATIONS AND
CLASSIFICATION PETITIONS FOR PROFESSIONAL
ATHLETES.

(a) Labor Certification.--Section 212(a)(5)(A) (8 U.S.C.
1182(a)(5)(A)) is amended by adding at the end the following:
``(iii) Professional athletes.--

``(I) In general.--A certification made under clause (i)
with respect to a professional athlete shall remain valid
with respect to the athlete after the athlete changes
employer, if the new employer is a team in the same sport as
the team which employed the athlete when the athlete first
applied for the certification.
``(II) Definition.--For purposes of subclause (I), the term
`professional athlete' means an individual who is employed as
an athlete by--

``(aa) a team that is a member of an association of 6 or
more professional sports teams whose total combined revenues
exceed $10,000,000 per year, if the association governs the
conduct of its members and regulates the contests and
exhibitions in which its member teams regularly engage; or
``(bb) any minor league team that is affiliated with such
an association.''.
(b) Classification Petitions.--Section 204 (8 U.S.C. 1154)
is amended by adding at the end the following:
``(i) Professional Athletes.--
``(1) In general.--A petition under subsection (a)(4)(D)
for classification of a professional athlete shall remain
valid for the athlete after the athlete changes employers, if
the new employer is a team in the same sport as the team
which was the employer who filed the petition.
``(2) Definition.--For purposes of paragraph (1), the term
`professional athlete' means an individual who is employed as
an athlete by--
``(A) a team that is a member of an association of 6 or
more professional sports teams whose total combined revenues
exceed $10,000,000 per year, if the association governs the
conduct of its members and regulates the contests and
exhibitions in which its member teams regularly engage; or
``(B) any minor league team that is affiliated with such an
association.''.

SEC. 625. FOREIGN STUDENTS.

(a) Limitations.--
(1) In general.--Section 214 (8 U.S.C. 1184) is amended by
adding at the end the following new subsection:
``(l)(1) An alien may not be accorded status as a
nonimmigrant under section 101(a)(15)(F)(i) in order to
pursue a course of study--
``(A) at a public elementary school or in a publicly funded
adult education program; or
``(B) at a public secondary school unless--
``(i) the aggregate period of such status at such a school
does not exceed 12 months with respect to any alien, and (ii)
the alien demonstrates that the alien has reimbursed the
local educational agency that administers the school for the
full, unsubsidized per capita cost of providing education at
such school for the period of the alien's attendance.
``(2) An alien who obtains the status of a nonimmigrant
under section 101(a)(15)(F)(i) in order to pursue a course of
study at a private elementary or secondary school or in a
language training program that is not publicly funded shall
be considered to have violated such status, and the alien's
visa under section 101(a)(15)(F) shall be void, if the alien
terminates or abandons such course of study at such a school
and undertakes a course of study at a public elementary
school, in a publicly funded adult education program, in a
publicly funded adult education language training program, or
at a public secondary school (unless the requirements of
paragraph (1)(B) are met).''.
(2) Conforming amendment.--Section 101(a)(15)(F) (8 U.S.C.
1101(a)(15)(F)) is amended by inserting ``consistent with
section 214(l)'' after ``such a course of study''.
(b) Reference to New Ground of Exclusion for Student Visa
Abusers.--For addition of ground of inadmissibility for
certain nonimmigrant student abusers, see section 347 of this
division.
(c) Effective Date.--The amendments made by subsection (a)
shall apply to individuals who obtain the status of a
nonimmigrant under section 101(a)(15)(F) of the Immigration
and Nationality Act after the end of the 60-day period
beginning on the date of the enactment of this Act, including
aliens whose status as such a nonimmigrant is extended after
the end of such period.

SEC. 626. SERVICES TO FAMILY MEMBERS OF CERTAIN OFFICERS AND
AGENTS KILLED IN THE LINE OF DUTY.

(a) In General.--Title II, as amended by section 205(a) of
this division, is amended by adding at the end the following
new section:


``transportation of remains of immigration officers and border patrol
agents killed in the line of duty

``Sec. 295. (a) In General.--To the extent provided in
appropriation Acts, when an immigration officer or border
patrol agent is killed in the line of duty, the Attorney
General may pay from appropriations available for the
activity in which the officer or agent was engaged--
``(1) the actual and necessary expenses of transportation
of the remains of the officer or agent to a place of burial
located in any State, American Samoa, the Commonwealth of the
Northern Mariana Islands, the Republic of the Marshall
Islands, the Federated States of Micronesia, or the Republic
of Palau;
``(2) travel expenses, including per diem in lieu of
subsistence, of the decedent's spouse and minor children to
and from such site at rates not greater than those
established for official government travel under subchapter I
of chapter 57 of title 5, United States Code; and
``(3) any other memorial service authorized by the Attorney
General.
``(b) Prepayment.--The Attorney General may prepay any
expense authorized to be paid under this section.''.
(b) Clerical Amendment.--The table of contents, as amended
by section 205(b) of this division, is amended by inserting
after the item relating to section 294 the following new
item:

``Sec. 295. Transportation of remains of immigration officers and
border patrol agents killed in the line of duty.''.