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Pub. L. 108-199
Consolidated Appropriations Act, 2004
January 23, 2004
One Hundred Eighth Congress
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday, the seventh day of January, two thousand and three
Making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies for the fiscal year ending September 30, 2004, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled
SECTION 1. SHORT TITLE.
This Act may be cited as the “Consolidated Appropriations Act, 2004”.
This public law has been modified for INSERTS to include only section
relating to technical amendments to sections
of Public Law 101-167, dated November 21, 1989. The complete Public Law 108-199 can be found at:
The complete Public Law 101-167 can be found at:
SEC. 213. The Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (Public Law 101-167) is amended--
(1) in section
(8 U.S.C. 1157 note)--
(A) in subsection (b)(3), by striking “1997, 1998, 1999, 2000, 2001, 2002, and 2003” and inserting “1997, 1998, 1999, 2000, 2001, 2002, 2003, and 2004”; and
(B) in subsection (e), by striking “October 1, 2003” each place it appears and inserting “October 1, 2004”;
(C) in subsection (b)(1)--
(i) in subparagraph (A), by striking “and” at the end;
(ii) in subparagraph (B), by striking the period and inserting “; and”; and
(iii) by adding at the end the following:
“(C) one or more categories of aliens who are or were nationals and residents of the Islamic Republic or Iran who, as members of a religious minority in Iran, share common characteristics that identify them as targets of persecution in that state on account of race, religion, nationality, membership in a particular social group, or political opinion.”; and
(2) in section
(8 U.S.C. 1255 note) in subsection (b)(2), by striking “September 30, 2003” and inserting “September 30, 2004”.
Speaker of the House of Representatives
Vice President of the United States and
President of the Senate
Excerpts from Public Law 101-167, Making Appropriation for Foreign Operations, Export Financing, and Related Programs for Fiscal Year Ending September 30, 1990, and for other purposes. Dated November 21, 1989.
(a) IN GENERAL- In the case of an alien who is within a category of aliens established under subsection (b), the alien may establish, for purposes of admission as a refugee under section 207 of the Immigration and Nationality Act, that the alien has a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion by asserting such a fear and asserting a credible basis for concern about the possibility of such persecution.
(b) ESTABLISHMENT OF CATEGORIES-
(1) For purposes of subsection (a), the Attorney General, in consultation with the Secretary of State and the Coordinator for Refugee Affairs, shall establish--
(A) one or more categories of aliens who are or were nationals and residents of the Soviet Union and who share common characteristics that identify them as targets of persecution in the Soviet Union on account of race, religion, nationality, membership in a particular social group, or political opinion, and
(B) one or more categories of aliens who are or were nationals and residents of Vietnam, Laos, or Cambodia and who share common characteristics that identify them as targets of persecution in such respective foreign state on such an account.
(2)(A) Aliens who are (or were) nationals and residents of the Soviet Union and who are Jews or Evangelical Christians shall be deemed a category of alien established under paragraph (1)(A).
(B) Aliens who are (or were) nationals of the Soviet Union and who are current members of, and demonstrate public, active, and continuous participation (or attempted participation) in the religious activities of, the Ukrainian Catholic Church or the Ukrainian Orthodox Church, shall be deemed a category of alien established under paragraph (1)(A).
(C) Aliens who are (or were) nationals and residents of Vietnam, Laos, or Cambodia and who are members of categories of individuals determined, by the Attorney General in accordance with `Immigration and Naturalization Service Worldwide Guidelines for Overseas Refugee Processing' (issued by the Immigration and Naturalization Service in August 1983) shall be deemed a category of alien established under paragraph (1)(B).
(3) Within the number of admissions of refugees allocated for fiscal year 1997, 1998, 1999, 2000, 2001, 2002, and 2003 for refugees who are nationals of the Soviet Union under section 207(a)(3) of the Immigration and Nationality Act, notwithstanding any other provision of law, the President shall allocate one thousand of such admissions for such fiscal year to refugees who are within the category of aliens described in paragraph (2)(B).
(c) WRITTEN REASONS FOR DENIALS OF REFUGEE STATUS- Each decision to deny an application for refugee status of an alien who is within a category established under this section shall be in writing and shall state, to the maximum extent feasible, the reason for the denial.
(d) PERMITTING CERTAIN ALIENS WITHIN CATEGORIES TO REAPPLY FOR REFUGEE STATUS- Each alien who is within a category established under this section and who (after August 14, 1988, and before the date of the enactment of this Act) was denied refugee status shall be permitted to reapply for such status. Such an application shall be determined taking into account the application of this section.
(e) PERIOD OF APPLICATION-
(1) Subsections (a) and (b) shall take effect on the date of the enactment of this Act and shall only apply to applications for refugee status submitted before October 1, 2003.
(2) Subsection (c) shall apply to decisions made after the date of the enactment of this Act and before October 1, 2003.
(3) Subsection (d) shall take effect on the date of the enactment of this Act and shall only apply to reapplications for refugee status submitted before October 1, 2003.
(f) GAO REPORTS ON SOVIET REFUGEE PROCESSING-
(1) The Comptroller General shall submit to the Committees on the Judiciary of the Senate and of the House of Representatives reports on the implementation of this section in Italy and the Soviet Union. Such reports shall include a review of--
(A) the timeliness and length of individual interviews,
(B) the adequacy of staffing and funding by the Department of State, the Immigration and Naturalization Service, and voluntary agencies, including the adequacy of staffing, computerization, and administration of the processing center in Washington,
(C) the sufficiency of the proposed Soviet refugee processing system within the United States,
(D) backlogs (if any) by ethnic or religious groups and the reasons any such backlogs exist,
(E) the sufficiency of the means of distributing and receiving applications for refugee status in Moscow,
(F) to the extent possible, a comparison of the cost of conducting refugee processing only in Moscow and such cost of processing in both Moscow and in Italy, and
(G) an evaluation of efforts to phase out Soviet refugee processing in Italy.
(2) The Comptroller shall submit a preliminary report under paragraph (1) by December 31, 1989, and a final report by March 31, 1990. The final report shall include any recommendations which the Comptroller General may have regarding the need, if any, to revise or extend the application of this section.
(a) IN GENERAL- The Attorney General shall adjust the status of an alien described in subsection (b) to that of an alien lawfully admitted for permanent residence if the alien--
(1) applies for such adjustment,
(2) has been physically present in the United States for at least 1 year and is physically present in the United States on the date the application for such adjustment is filed,
(3) is admissible to the United States as an immigrant, except as provided in subsection (c), and
(4) pays a fee (determined by the Attorney General) for the processing of such application.
(b) ALIENS ELIGIBLE FOR ADJUSTMENT OF STATUS- The benefits provided in subsection (a) shall only apply to an alien who--
(1) was a national of the Soviet Union, Vietnam, Laos, or Cambodia, and
(2) was inspected and granted parole into the United States during the period beginning on August 15, 1988, and ending on September 30, 2003, after being denied refugee status.
(c) WAIVER OF CERTAIN GROUNDS FOR INADMISSIBILITY- The provisions of paragraphs (14), (15), (20), (21), (25), (28) (other than subparagraph (F)), and (32) of section 212(a) of the Immigration and Nationality Act shall not apply to adjustment of status under this section and the Attorney General may waive any other provision of such section (other than paragraph (23)(B), (27), (29), or (33)) with respect to such an adjustment for humanitarian purposes, to assure family unity, or when it is otherwise in the p
(d) DATE OF APPROVAL- Upon the approval of such an application for adjustment of status, the Attorney General shall create a record of the alien's admission as a lawful permanent resident as of the date of the alien's inspection and parole described in subsection (b)(2).
(e) NO OFFSET IN NUMBER OF VISAS AVAILABLE- When an alien is granted the status of having been lawfully admitted for permanent residence under this section, the Secretary of State shall not be required to reduce the number of immigrant visas authorized to be issued under the Immigration and Nationality Act.
SECTION 13 OF THE ACT OF SEPTEMBER 11, 1957
(71 Stat. 642; 8 U.S.C. 1255B)
as amended by section 17 of Public Law 97-116 and section 207 of Public Law 103-416
Notwithstanding any other provision of law-
(a) Any alien admitted to the United States as a nonimmigrant under the provisions of either section 101(a)(15)(A) (i) or (ii) or 101(a)(15)(G) (i) or (ii) of the Immigration and Nationality Act, who has failed to maintain a status under any of those provisions, may apply to the Attorney General for adjustment of his status to that of an alien lawfully admitted for permanent residence.
(b) If, after consultation with the Secretary of State, it shall appear to the satisfaction of the Attorney General that the alien has shown compelling reasons demonstrating both that the alien is unable to return to the country represented by the government which accredited the alien or the member of the alien's immediate family and that adjustment of the alien's status to that of an alien lawfully admitted for permanent residence would be in the national interest, that the alien is a person of good moral
character, that he is admissible for permanent residence under the Immigration and Nationality Act, and that such action would not be contrary to the national welfare, safety, or security, the Attorney General, in his discretion, may record the alien's lawful admission for permanent residence as of the date the order of the Attorney General approving the application for adjustment of status is made.
(c) A complete and detailed statement of the facts and pertinent provisions of law in the case.shall be reported to the Congress with the reasons for such adjustment of status. Such reports shall be submitted on the first day of each calendar month in which Congress is in session. The Secretary of State shall, if the alien was classifiable as a quota immigrant at the time of his entry, reduce by one the quota of the quota area to which the alien is chargeable under section 202 of the Immigration and Nationa
lity Act for the fiscal year then current or the next following year in which a quota is available. No quota shall be reduced by more than 50 per centum in any fiscal year.
(d) The number of aliens who may be granted the status of aliens lawfully admitted for permanent residence in any fiscal year, pursuant to this section, shall not exceed fifty.