Speech #960335674

Mr. Speaker. I move to suspend the rules and pass the b.1 to amend the Immigration and Nationality Act. and for other purposes. as amended. The clerk read as follows: H.R. 7273 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That (a) this Act may be cited as the "Immigration and Nationality Act Amendments of 1980". (b) Except as specifically provided in this Act. whenever in this Act an amendment or repeal is expressed as an amendment to. or repeal of. a provision. the reference shall be deemed to be made to the Immigration and Nationality Act. SEC. 2. (a) Subsection (a) (15) of section 101 (8 U.S.C. 1101) is amended(1) by striking out "Institution of learning or other recognized place of study" in subparagraph (F) and inserting in lieu thereof "college. university. seminary. conservatory. academic high school. elementary school. or other academic institution". and (2) by adding after subparagraph (L) the following new subparagraph. "(M) (i) an alien having a residence in a foreign country which he has no intention of abandoning who seeks to enter the United States temporarily and solely for the purpose of pursuing a full course of study at an established vocational. language. or other recognized nonacademic institution in the United States particularly designated by him and approved by the Attorney General. after consultation with the Secretary of Education. which institution shall have agreed to report to the Attorney General the termination of attendance of each nonimmigrant nonacademic student and if any such institution fails to make reports promptly the approval shall be withdrawn. and (1i) the alien spouse and minor children of any such alien If accompanying him or following to Join him.". (b) Such section is further amended(1) by striking out "titles I and II" in subsection (b) and inserting in lieu thereof "this Act". (2) by striking out "fourteen" in subparagraphs (E) and (F) of subsection (b) (1) and inserting in lieu thereof "sixteen". and (3) by striking out "title III" and all that follows through "(2) the terms" in subsection (c) and inserting in lieu thereof "title III. the terms". (c) Such section is further amended by striking out the semicolon at the end of subsection (b) (1) (D) and inserting in lieu thereof "or natural father. or". (d) Subsection (f) of such section is amended(1) by striking out paragraph (2). and (2) by striking out "paragraphs (9). (10). and (23) of section 212(a)" in paragraph (3) and inserting in lieu thereof "paragraphs (9) and (10) of section 212(a) and so much of paragraph (23) of such section as relates to trafficking in narcotics". SEC. 3. Section 204 (8 U.S.C. 1154) is amended by striking out subsection (d). SEC. 4. Section 212 (8 U.S.C. 1182) is amended(1) by inserting "and who seek admission within five years of the date of such deportation or removal." in subsection (a) (17) after "section 242(b).". (2) by striking out the second sentence of paragraph (6) of subsection (d): and (3) by striking out "or (12)" in subsection (h) and inserting In lieu thereof "(12). or (23) ". SEC. 5. (a) (1) Section 212 (8 U.S.C. 1182) is amended by striking out the semicolon at the end of paragraph (32) of subsection (a) and inserting in lieu thereof a period and the following: "For the purposes of this paragraph. an alien who is a graduate of a medical school shall be considered to have passed parts I and II of the National Board of Medical Examiners Examination if the alien was fully and permanently licensed to practice medicine in a State on January 9. 1978. and was practicing medicine in a State on that date.". (2) Subsection (j) (1) (B) of such section is amended by inserting before the semicolon at the end a period and the following: "For the purposes of this subparagraph. an alien who is a graduate of a medical school shall be considered to have passed parts I and U1 of the National Board of Medical Examiners Examination if the alien was fully and permanently licensed to practice medicine in a State on January 9. 1978. and was practicing medicine In a State on that date". (3) Section 602 of the Health Professions Educational Assistance Act of 1976 (Public Law 94484). added by section 307(q) (3) of Public Law 9583. is amended by striking out subsections (a) and (b). (.b) Subsection (j) of such section is amended(1) by striking out "(Including any extension of the duration thereof under subparagraph (D))" in paragraph (1) (C). (2) by striking out "Commissioner of Education" and "Secretary of Health. Education. and Welfare" each place it appears and inserting in lieu thereof "Secretary of Education" and "Secretary of Health and Human Services". respectively. (3) by amending subparagraph (D) of paragraph (1) toread as follows: "(D) The duration of the aliens participation In the program of graduate medical education or training for which the alien is coming to the United States Is limited to the time typically required to complete such program. as determined by the Director of the International Communication Agency at the time of the aliens entry into the United States. based on criteria established in coordination with the Secretary of Health and Human Services. except that the alien may. once and not later than two years after the date the alien enters the United States as an exchange visitor or acquires exchange visitor status. change the aliens designated program of graduate medical education or training if the Director approves the change and If a commitment and written assurance with respect to the aliens new program have been provided in accordance with subparagraph (C).". and (4) (A) by striking out "(i)" In paragraph. (1) (B) and inserting in lieu thereof "(ii) (I)". (B) by inserting. in paragraph (1) (B). "(II) " before "has competency". "(III)" before "will be able to adapt". and "(IV)" before "has adequate prior education". (C) by striking out "between the effective date" and all that follows through "to any alien" in paragraph (2) (A) and inserting in lieu thereof "between January 10. 1978. and December 31. 1982 (an additional oneyear extension may be granted until December 31. 1983. in the case of a program which the Secretary of Health and Human Services finds has substantially reduced its reliance on aliens who are graduates of foreign medical schools and has made substantial t progress in carrying out its plan as described t in clause (1i) in 1981 and 1982) to any alien". (D) by striking out "and (B) of paragraph (1)" in paragraph (2) (A) and inserting in lieu thereof "and (B) (ii) (I) of paragraph (1) ". (E) by inserting after "if" in paragraph (2) (A) the following: "(I) the Secretary of Health and Human Services determines. on a casebycase basis. that". (F) by striking out the period at the end of paragraph (2) (A) and inserting in lieu thereof the following: ". and (ii) the program has a comprehensive plan to reduce reliance on alien physicians. which plan the Secretary of Health and Human Services finds. in accordance with criteria published by the Secretary. to be satisfactory and to include the following: "(I) A detailed discussion of specific problems that the program anticipates without such waiver and of the alternative resources and methods (including use of physician extenders and other paraprofessionals) that have been considered and have been and will be applied to reduce such disruption in the delivery of health services. "(II) A detailed description of those changes of the program (including improvement of educational and medical services training) which have been considered and which have been or will be applied which would make the program more attractive to graduates of medical schools who are citizens of the United States. "(III) A detailed description of the recruting efforts which have been and will be undertaken to attract graduates of medical schools who are citizens of the United States. "(IV) A detailed description and analysis of how the program. on a yearbyyear basis. has phased down and will phase down its dependence upon aliens who are graduates of foreign medical schools so that the program will not be dependent upon the admission to the program of any additional such aliens after December 31. 1982.". and (G) by inserting at the end of paragraph (2) (B) the following: "The Secretary of Health and Human Services. in coordination with the Attorney General and the Secretary of State. shall (i) monitor the issuance of waivers under subparagraph (A) and the needs of the communities (with respect to which such waivers are issued) to assure that quality medical care is provided. and (it) review each program with such a waiver to assure that the plan described in -subparagraph (A) (i) Is being carried out and that participants in such program are being provided appropriate supervision in their medical education and training. "(C) The Secretary of Health and Human Services. in coordination with the Attorney General and the Secretary of State. shall report to the Congress at the beginning of each fiscal year (beginning with fiscal year 1981) on the distribution (by geography. nationality. and medical specialty or field of practice) of foreign medical graduates in the United States who have received a waiver under subparagraph (A). including an analysis of the dependence of the various communities on aliens who are in medical education or training programs in the various medical specialties.". (c) The amendments made by paragraphs (1) and (3) of subsection (b) shall apply to aliens entering the United States as exchange visitors (or otherwise acquiring exchange visitor status) on or after January 10. 1978. and the amendment made by subsection (b) 4) (C) shall take effect on December 31. 1980. (d) (1) Section 101(a) (27) (8 U.S.C. 1101 a) (27)) is amended by striking out "or" at he end of subparagraph (F). by striking out he period at the end of subparagraph (G) bnd Inserting in lieu thereof ". or". and by dding after subparagraph (G) the following new subparagraph: "(H) an immigrant. and his accompanying spouse and children. who has graduated from a medical school or has qualified to practice medicine in a foreign state. who was fully and permanently licensed to practice medicine in a State on January 9. 1978. and was practicing medicine in a State on that date. who has competency in oral and written English. and who"(I) entered the United States as a nonimmigrant under subsection (a) (15) (H) or (a) (15)(J) before January 1. 1974. and has been continuously present in the United States in the practice or study of medicine since the date of such entry. or "(it) (I) entered the United States as a nonimmigrant under subsection (a) (15) (H) or (a) (15) (J) on or after January 1. 1974 and before January 10. 1977. and has been continuously present in the United States in the practice or study of medicine since the date of such entry. and "(II) is deemed. under section 244(g) (3). to have practiced medicine in a physician shortage area for at least fortyeight months. except that the Secretary of Health and Human Services or the Attorney General may waive application of. or reduce the length of service required under. this subclause to the extent that compliance by an alien would involve extreme hardship to the alien.". (2) Section 244 (8 U.S.C. 1254) is amended by adding at the end thereof the following new subsection: "(g) (1) The Attorney General may. in his discretion. suspend and withhold deportation of an alien described in section 101 (a) (27) (H) (ii) (I) during a period described in paragraph (2). If the Attorney General suspends and withholds the deportation of an alien under the previous sentence during a period. the Attorney General may. in his discretion. suspend and withhold the deportation of the aliens spouse and children during such period. "(2) The period referred to in paragraph (1) with respect to an alien physician is"(A) the one year period begininng on the date of the enactment of this subsection. if the alien on such date is not serving as a physician in a physician shortage area (as determined under paragraph (3)). and "(B) at any time during the fortyeight month period beginning(I) in the case of an alien described in subparagraph (A). at the end of the period described in subparagraph (A). or i(t) in the case of an alien not described In subparagraph (A). on the date of the enactment of this subsection. if at such time the alien physician is practicing medicine in a physician shortage area (as determined under paragraph (3)). "(3) For purposes of this subsection. an alien is deemed to be practicing medicine in a physician shortage area if the alien is servinm (as determined by the Secretary of Health and Human Services) as a physician"(A) in a geographic area (or for a population or facility) which has been designated bv the Secretary of Health and Human Services as a health manpower shortage area for the aliens medical specialty or field of practice. "(H) in a geographic area which has been otherwise identified by the Secretary of Health and Human Services as having an insufficient number of physicians in the aliens medical specialty or field of practice. in accordance with section 906 of the Health Profescions Educational Assistance Act of 1970 (Public Law 94484). or "(C) for such a governmental or other organization as the Secretary of Health and Human Services determines. at the request of the organization. to be in the national interest.". (3) Section 245(c)(2) (8 U.S.C. 1255(c) (2)) is amended by inserting "or a special immigrant described in section 101(a) (27) (H)" after "an immediate relative as defined in section 201 (b)". (e) The Secretary of Health and Human Services. after consultation with the Attorney General. the Secretary of State. and the Director of the International Communication Agency. shall evaluate the effectiveness and value to foreign nations and to the United States of exchange programs for the graduate medical education or training of aliens who are graduates of foreign medical schools. and shall report to Congress. not later than two years after the date of the enactment of this Act. on such evaluation and include in such report such recommendations for changes in legislation and regulations as may be appropriate. SEC. 6. Section 223(b) (8 U.S.C. 1203(b) ) is amended by striking out "one year from the date of issuance: Provided. That the Attorney General may in his descretion extend the validity of the permit for a period or perIods not exceeding one year in the aggregate" and inserting in lieu thereof "two years from the date of issuance and shall not be renewable". SEC. 7. (a) Subsection (a) of section 237 (8 U.S.C. 1227) is amended to read as follows: "(a) (1) Any alien (other than an alien crewman) arriving in the United States who is excluded under this Act. shall be immediately deported. in accommodations of the same class in which he arrived. unless the Attorney General. in an individual case. in his discretion. concludes that immediate deportation is not practicable or proper. Deportation shall be to the country in which the alien boarded the vessel or aircraft on which he arrived in the United States. unless the alien boarded such vessel or aircraft in foreign territory contiguous to the United States or in any island adjacent thereto or adjacent to the United States and the alien is not a native. citizen. subject. or national of. or does not have a residence In. such foreign contiguous territory or adjacent island. in which case the deportation shall instead be to the country in which is located the port at which the alien embarked for such foreign contiguous territory or adjacent island. The cost of the maintenance including detention expenses and expenses incident to detention of any such alien while he is being detained shall be borne by the owner or owners of the vessel or aircraft on which he arrived. except that the cost of maintenance (including detention expenses and expenses incident to detention while the alien is being detained prior to the time he is offered for deportation to the transportation line which brought him to the United States) shall not be assessed against the owner or owners of such vessel or aircraft if (A) the alien was in possession of a valid. unexpired immigrant visa. or (B) the alien (other than an alien crewman) was in possession of a valid. unexpired nonimmigrant visa or other document authorizing such alien to apply for temporary admission to the United States or an unexpired reentry permit issued to him. and (i) such application was made within one hundred and twenty days of the date of issuance of the visa or other document. or in the case of an alien in possession of a reentry permit. within one hundred and twenty days of the date of which the alien was last examined and admitted by the Service. or (ii) in the event the application was made later than one hundred and twenty days of the date of issuance of the visa or other document or such examination and admission. If the owner or owners of such vessels or aircraft established to the satisfaction of the Attorney General that the ground of exclusion could not have been ascertained by the exercise of due diligence prior to the aliens embarkation. or (C) the person claimed United States nationality or citizenship and was in possession of an unexpired United States passport issued to him by competent authority. "(2) If the government of the country designated in paragraph (1) will not accept the alien into its territory. the aliens deportation shall be directed by the Attorney General. in his discretion and without necessarily giving any priority or preference because of their order as herein set forth. either to"(A) the country of which the alien is a subject. citizen. or national. "(B) the country in which he was born. "(C) the country in which he has a residence. or "(D) any country which is willing to accept the alien into its territory. if deportation to any of the foregoing countries is impracticable. inadvisable. or impossible.". (b) Subsection (b) of such section is amended(1) by striking out "to the country whence he came" in clause (3) and inserting in lieu thereof "to the country to which his deportation has been directed". and (2) by striking out "collector of customs" each place it appears and inserting in lieu thereof "district director of customs". (c) Subsection (c) of such section is amended to read as follows: "(c) An alien shall be deported on a vessel or aircraft owned by the same person who owns the vessel or aircraft on which the alien arrived in the United States. unless it is impracticable to so deport the alien within a reasonable time. The transportation expense of the aliens deportation shall be borne by the owner or owners of the vessel or aircraft on which the alien arrived. If the deportation is effected on a vessel or aircraft not owned by such owner or owners. the transportation expense of the aliens deportation may be paid from the appropriation for the enforcement of this Act and recovered by civil suit from any owner. agent. or consignee of the vessel or aircraft on which the alien arrived.". SEC. 8. Section 241(f) (8 U.S.C. 1251(f) is amended to read as follows: "(f) (1) The provisions of this section relating to the deportation of aliens within the United States on the ground that they were excludable at the time of entry as aliens who have sought to procure or have procured visas or other documentation. or entry into the United States. by fraud or misrepresentation. whether willful or innocent. may. in the discretion of the Attorney General. be waived for any alien (other than an alien described in subsection (a) (19)) who"(A) is the spou~se. parent. or child of a citizen of the United States or of an alien lawfully admitted to the United States for permanent residence. and "(B) was in possession of an immigrant visa or equivalent document and was otherwise admissible to the United States at the time of such entry except for those grounds of inadmissibility specified under paragraphs (14). (20). and (21) of section 212(a) which were a direct result of that fraud or misrepresentation. "(2) A waiver of deportation for fraud or misrepresentation granted under paragraph (1) shall also operate to waive deportation based on the grounds of inadmissibility at entry described under paragraph (1) (B) directly resulting from such fraud or misrepresentation.". SEC. 9. Subsection (f) of section 244 (8 U.S.C. 1254) is amended to read as follows: "(f) The provisions of subsection (a) shall not apply to an alien who"(1) entered the United States as a crewman subsequent to June 30. 1964. or "(2)(A) was admitted to the United States as a nonimmigrant exchange alien as defined in section 101 (a) (15) (J) or has acquired the status of such a nonimmigrant exchange alien after admission. (B) is subject to the twoyear foreign resident requirement of section 212(e). and (C) has not fulfilled that requirement or received a waiver thereof.".