Text: H.R.45 — 101st Congress (1989-1990)All Information (Except Text)

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Union Calendar No. 190
101st CONGRESS
1st Session
H. R. 45
[Report No. 101-244, Parts I and II]
A BILL
To provide for a General Accounting Office investigation and report on
conditions of displaced Nicaraguans and Salvadorans, to provide certain rules
of the House of Representatives and of the Senate with respect to review of
the report, to provide for the temporary stay of detention and deportation
of certain Nicaraguans and Salvadorans, and for other purposes.
October 19, 1989
Reported from the Committee on Rules, committed to the Committee of the
Whole House on the State of the Union, and ordered to be printed
HR 45 RH
Union Calendar No. 190
101st CONGRESS
1st Session
 H. R. 45
[Report No. 101-244, Parts I and II]
To provide for a General Accounting Office investigation and report on
conditions of displaced Nicaraguans and Salvadorans, to provide certain rules
of the House of Representatives and of the Senate with respect to review of
the report, to provide for the temporary stay of detention and deportation
of certain Nicaraguans and Salvadorans, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
January 3, 1989
Mr. MOAKLEY (for himself and Mr. PEPPER) introduced the following bill;
which was referred jointly to the Committees on the Judiciary and Rules
June 5, 1989
Additional sponsors: Mr. REGULA, Mr. MORRISON of Connecticut, Mr. FRANK,
Mr. CONTE, Mr. UDALL, Mr. WHEAT, Mr. COOPER, Mr. BERMAN, Ms. PELOSI, Mr. MOODY,
Mr. MARKEY, Mr. STUDDS, Mr. MRAZEK, Mr. GORDON, Mr. GONZALEZ, Mr. OWENS of
New York, Mr. GEJDENSON, Mr. MCHUGH, Mrs. MORELLA, Mr. AUCOIN, Mr. FEIGHAN,
Mr. STARK, Mr. NEAL of Massachusetts, Mr. FAUNTROY, Mr. CLINGER, Mr. EDWARDS
of California, Mr. DELLUMS, Mr. MINETA, Ms. KAPTUR, Mrs. COLLINS, Mr. BROWN
of California, Mr. HALL of Ohio, Mr. HOCHBRUECKNER, Mr. BATES, Mr. MANTON,
Mr. SMITH of Florida, Mr. FOGLIETTA, Mr. DYMALLY, Mr. KENNEDY, Mrs. BOXER,
Mr. TORRES, Mr. CROCKETT, Mr. LEVIN of Michigan, Mr. BUSTAMANTE, Mr. DIXON,
Mr. FUSTER, Mr. JONTZ, Mr. DWYER of New Jersey, Mr. PENNY, Mr. ATKINS,
Mr. WEISS, Mr. KOSTMAYER, Mr. DORGAN of North Dakota, Mr. MARTINEZ,
Mr. THOMAS A. LUKEN, Mr. FAZIO, Mr. SOLARZ, Mr. SHAYS, Mr. MCDERMOTT,
Mr. ENGEL, Mr. KASTENMEIER, Mr. GARCIA, Mr. MAVROULES, Mrs. LOWEY of New
York, Mr. DICKS, Mr. NAGLE, Mr. CLAY, Mr. EVANS, Mr. CONYERS, Mr. LEVINE
of California, Mr. RANGEL, Mr. NEAL of North Carolina, Mrs. SCHROEDER,
Mr. PANETTA, Mr. MATSUI, Mr. SABO, Mr. OBERSTAR, Mr. DOWNEY, and Mr. Skaggs
September 19, 1989
Reported from the Committee on the Judiciary with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
October 19, 1989
Additional sponsors: Ms. SCHNEIDER, Mr. CARPER, Mr. BOSCO, Mr. LANTOS,
Mr. ROYBAL, Mr. MCNULTY, Mr. SMITH of Vermont, Mrs. UNSOELD, Mr. ACKERMAN,
Mr. DE LUGO, Mr. VENTO, Mr. BOEHLERT, Mr. RICHARDSON, Mr. AKAKA, Ms. SLAUGHTER
of New York, Mr. HAWKINS, Mr. BONIOR, Mr. TOWNS, Mr. STOKES, Ms. OAKAR,
Mr. FROST, Mr. SIKORSKI, Mr. WOLPE, Mr. MILLER of California, Mr. BRUCE,
Mr. ANDREWS, Mr. CARDIN, Mr. KILDEE, Mr. WALSH, Mr. FLAKE, Mr. FLORIO,
Mr. BRENNAN, and Mr. Coughlin
October 19, 1989
Reported from the Committee on Rules, committed to the Committee of the
Whole House on the State of the Union, and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on January
3, 1989]
A BILL
To provide for a General Accounting Office investigation and report on
conditions of displaced Nicaraguans and Salvadorans, to provide certain rules
of the House of Representatives and of the Senate with respect to review of
the report, to provide for the temporary stay of detention and deportation
of certain Nicaraguans and Salvadorans, 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 `Central American Studies and Temporary Relief
  Act of 1989'.
TITLE I--GENERAL ACCOUNTING OFFICE INVESTIGATION AND REPORT
SEC. 101. GAO INVESTIGATION.
  (a) REQUIRING GAO INVESTIGATION ON DISPLACED NICARAGUANS AND SALVADORANS-
  Within 60 days after the date of the enactment of this Act, the Comptroller
  General shall begin an investigation concerning displaced nationals of
  Nicaragua and El Salvador.
  (b) DETERMINATIONS ON DISPLACED NICARAGUANS AND SALVADORANS AND IN CENTRAL
  AMERICA- The investigation shall determine the following, separately,
  with respect to displaced Nicaraguans and with respect to displaced
  Salvadorans who are present in either El Salvador, Nicaragua, Honduras,
  Guatemala, Costa Rica, Belize, or Mexico, regardless of whether or not
  they are registered with providers of humanitarian assistance:
  (1) The number of these displaced persons and their current locations.
  (2) Their place of origin in Nicaragua or El Salvador and the period of,
  and reason for, their displacement.
  (3) Their current living conditions, with particular attention to (A) their
  personal safety and the personal safety of those providing assistance to
  them, and (B) the availability of food, housing, and medical assistance.
  (4) An assessment of (A) current efforts to provide food, medical assistance,
  housing, and other necessities and to secure personal safety for these
  persons, and (B) policies and procedures that reasonably could be implemented
  to assure more efficient and equitable distribution of this assistance.
  (5) The impact of the ongoing armed conflicts in Nicaragua and El Salvador,
  respectively, and of the reaction to such conflicts by relevant entities
  and individuals, including the officers of the government or political
  parties in Nicaragua or El Salvador, respectively, on the matters described
  in the previous paragraphs.
  (6) The impact of the enactment of the Immigration Reform and Control Act of
  1986 (Public Law 99-603) on Nicaragua and El Salvador, including the number
  of Nicaraguans and Salvadorans returning to their respective countries, and
  the possible impact of such conduct on the capabilities of such countries
  to address adequately the returnees' employment, housing, and other needs.
  (7) The impact of the 1986 earthquake in El Salvador on such country.
In making such investigation, the Comptroller General may use information
available from United States Government sources, or information developed
by private organizations recognized by the United States Government in the
countries named herein (to the extent he determines that such information
is reliable and useful). The Comptroller General shall use discretion in
assigning personnel employed by the General Accounting Office to foreign
countries in which their personal safety might be at risk.
  (c) DETERMINATIONS ON NICARAGUANS AND SALVADORANS RETURNED FROM THE UNITED
  STATES- In the case of nationals of Nicaragua and nationals of El Salvador
  who have been required (whether through deportation, voluntary departure
  proceeding, or otherwise) to depart from the United States and who return
  to Nicaragua or El Salvador, the investigation shall assess--
  (1) their condition and circumstances in Nicaragua or El Salvador upon
  return from the United States, with particular attention to any violations of
  fundamental human rights that have occurred upon their return to Nicaragua
  or El Salvador, and
  (2) the extent to which these persons, upon their return, have become
  displaced persons within Nicaragua or El Salvador, the conditions of the
  camps in which such persons live, and the prospects for resettlement of
  such persons.
  (d) DETERMINATIONS ON NICARAGUANS AND SALVADORANS IN THE UNITED STATES IN
  AN UNLAWFUL STATUS- In the case of nationals of Nicaragua and nationals
  of El Salvador, respectively, who are present in the United States in an
  unlawful status, the investigation shall--
  (1) compare the situation in Nicaragua and El Salvador with the situation
  in other countries during periods when nationals of those countries have
  been provided administrative grants of extended voluntary departure under
  the immigration laws;
  (2) describe the policies and procedures of the United States respecting
  the treatment of aliens (other than Nicaraguans and Salvadorans) in the
  United States in similar circumstances;
  (3) describe the policies of all other countries in which Nicaraguans or
  Salvadorans have sought refuge as these policies concern the return of
  Nicaraguans to Nicaragua and Salvadorans to El Salvador; and
  (4) assess their conditions and circumstances in the United States, with
  particular attention to the impact of unlawful status upon their treatment.
SEC. 102. REPORT.
  The Comptroller General shall submit to the Speaker of the House of
  Representatives and the President of the Senate, not later than 2 years
  after the date of the initiation of the study under section 101, a report
  on such study, including detailed findings concerning the items described
  in subsections (b), (c), and (d) of such section.
TITLE II--CONGRESSIONAL REVIEW
SEC. 201. REFERRAL OF REPORT, COMMITTEE HEARINGS, AND COMMITTEE REPORT.
  (a) REFERRAL- The report, when submitted under section 102, shall be
  referred, in accordance with the rules of the respective House of Congress,
  to the standing committee or committees having jurisdiction over the
  subjects of the report, and the report shall be printed as a document of
  the House of Representatives.
  (b) COMMITTEE HEARINGS- No later than 90 days of continuous session of
  Congress after the date of the referral of the report to a committee,
  in accordance with the rules of the respective House, the committee shall
  initiate hearings, insofar as such committee has legislative or oversight
  jurisdiction, to consider--
  (1) the findings of the report;
  (2) the appropriate steps that should be taken to provide assurances of
  personal safety and adequate, efficient, and equitable distribution of
  assistance with respect to Nicaraguans and Salvadorans who are displaced
  within their countries or who have fled to other countries in Central
  America;
  (3) treaty obligations of the United States, humanitarian considerations,
  and previous practice of the United States respecting the treatment of
  aliens in similar circumstances; and
  (4) whether it is appropriate to extend, remove, or alter the restrictions
  contained in title III.
  (c) COMMITTEE REPORT- No later than 270 days of continuous session of
  the Congress after the date of the referral of the report to a committee,
  in accordance with the rules of the respective House, the committee shall
  report to its respective House its oversight findings and any legislation
  it deems appropriate.
  (d) TREATMENT OF CONTINUITY OF SESSION- For purposes of this Act, continuity
  of session of Congress is broken only by an adjournment sine die at the
  end of the second regular session of a Congress, and days on which either
  House of Congress is not in session because of an adjournment of more than
  10 days to a date certain are excluded from the computation of the periods
  of continuous session of Congress.
TITLE III--TEMPORARY PROTECTED STATUS
SEC. 301. CONFERRAL OF TEMPORARY PROTECTED STATUS ON CERTAIN NATIONALS OF
EL SALVADOR AND NICARAGUA.
  (a) IN GENERAL- In the case of an alien who is a national of El Salvador
  or Nicaragua and who meets the requirements of subsection (b), the Attorney
  General, in accordance with this section--
  (1) shall confer upon the alien temporary protected status in the United
  States and shall not deport the alien from the United States during such
  period, except that such protected status shall not extend beyond the
  3-year period after the date of the enactment of this Act; and
  (2) shall authorize the alien to engage in employment in the United States
  and provide the alien with an `employment authorized' endorsement or other
  appropriate work permit.
  (b) ALIENS ELIGIBLE FOR TEMPORARY PROTECTED STATUS- (1) Subject to paragraph
  (3), an alien who is a national of El Salvador or Nicaragua meets the
  requirements of this paragraph only if--
  (A) the alien has been continuously physically present in the United States
  since the date of the enactment of this Act;
  (B) the alien has continuously resided in the United States during the
  period beginning before March 1, 1989, and ending on the date of the
  enactment of this Act;
  (C) the alien is admissible as an immigrant, except as otherwise provided
  under paragraph (2)(A), and is not ineligible for temporary protected
  status under paragraph (2)(B); and
  (D) the alien registers under this section within the 180-day registration
  period established by the Attorney General not more than 60 days after
  the date of the enactment of this Act.
The Attorney General may require payment of a reasonable fee as a condition
of registering an alien under subparagraph (D) or otherwise providing an
alien with an `employment authorized' endorsement or other appropriate work
permit under this section. The amount of such fee shall not exceed $50.
  (2)(A) In the determination of an alien's admissibility as an immigrant
  for purposes of paragraph (1)(C)--
  (i) the provisions of paragraphs (14), (20), (21), (25), and (32) of
  section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a))
  shall not apply;
  (ii) except as provided in clause (iii), the Attorney General may waive
  any other provision of such section in the case of individual aliens for
  humanitarian purposes, to assure family unity, or when it is otherwise in
  the public interest; but
  (iii) the Attorney General may not waive, of such section--
  (I) paragraphs (9) and (10) (relating to criminals);
  (II) paragraph (23) (relating to drug offenses), except for so much of
  such paragraph as relates to a single offense of simple possession of 30
  grams or less of marijuana;
  (III) paragraphs (27), (28), and (29) (relating to national security and
  members of certain organizations); or
  (IV) paragraph (33) (relating to those who assisted in the Nazi persecution).
  (B) An alien shall not be eligible for temporary protected status under
  this section if the Attorney General finds that--
  (i) the alien has been convicted of a felony or three or more misdemeanors
  in the United States; or
  (ii) the alien is described in section 243(h)(2) of the Immigration and
  Nationality Act (8 U.S.C. 1253(h)(2)).
  (3) The Attorney General shall withdraw any benefits provided to an alien
  under this section if--
  (A) The Attorney General finds that the alien was not in fact eligible
  for such benefits under this section,
  (B) except as provided in paragraph (4) and subsection (d)(3), the alien
  has not remained continuously physically present in the United States from
  the date the alien first was provided temporary protected status under
  this section, or
  (C) the alien fails, without good cause, to register with the Attorney
  General annually, at the end of each 12-month period after the conferral
  of such status, in a form and manner specified by the Attorney General.
  (4) For purposes of paragraph (1)(A), an alien shall not be considered to
  have failed to maintain continuous physical presence in the United States
  by virtue of brief, casual, and innocent absences from the United States,
  without regard as to whether such absences were authorized by the Attorney
  General.
  (5) Nothing in this section shall be construed as authorizing an alien to
  apply for admission to, or to be admitted to, the United States in order
  to apply for temporary protected status under this section.
  (6) Information obtained in carrying out this subsection shall be protected
  in accordance with section 245A(c)(5) of the Immigration and Nationality
  Act (8 U.S.C. 1255a(c)(5)).
  (c) DOCUMENTATION- Upon the conferral of status upon an alien under this
  section, the Attorney General shall provide for the issuance of such
  temporary documentation and authorization as may be necessary to carry
  out the purposes of this section.
  (d) DETENTION OF THE ALIEN- Nothing in this section shall be construed
  to authorize the detention of any alien who is eligible for temporary
  protected status under this section. An alien provided the benefits under
  this section shall not be detained by the Attorney General on the basis
  of the alien's immigration status in the United States.
SEC. 302. PERIOD OF TEMPORARY PROTECTED STATUS NOT COUNTED TOWARD OBTAINING
SUSPENSION OF DEPORTATION BENEFIT.
  With respect to an alien upon whom temporary protected status is conferred
  under section 301, the period of such status shall not be counted as a
  period of physical presence in the United States for purposes of section
  244(a) of the Immigration and Nationality Act (8 U.S.C. 1254(a)), unless
  the Attorney General determines that extreme hardship exists. However,
  such period shall not cause a break in the continuity of residence of the
  period before and after such period for purpose of such section.
SEC. 303. ALIEN'S BENEFITS AND STATUS DURING PERIOD OF TEMPORARY PROTECTED
STATUS.
  (a) IN GENERAL- During a period in which an alien is granted temporary
  protected status under this title, the alien--
  (1) shall not be considered to be permanently residing in the United States
  under color of law;
  (2) shall not be eligible for any program of public assistance (furnished
  directly or through reimbursement) under Federal law, except for treatment
  for an emergency medical condition as described in section 1903(v) of the
  Social Security Act;
  (3) may be deemed ineligible for public assistance by a State (as defined in
  section 101(a)(36) of the Immigration and Nationality Act) or any political
  subdivision thereof which furnishes such assistance; and
  (4) may travel abroad temporarily with the prior consent of the Attorney
  General.
  (b) INELIGIBILITY- An alien who was admitted to the United States as a
  nonimmigrant is not eligible for temporary protected status under this
  title until the alien's period of authorized stay as such a nonimmigrant
  has expired. Any such alien shall register within 90 days after the date
  of such expiration or, if later, before the expiration of the registration
  period under section 301(b)(1)(C).
  (c) DURATION OF WORK AUTHORIZATION- Work authorization granted under
  section 301(a)(2) shall be effective throughout the period the alien is
  in temporary protected status under this title.
  (d) NOTIFICATION OF RIGHTS- Upon the granting of protected status under
  this title, the Attorney General shall notify the alien of the alien's
  rights and responsibilities under this title. Such notification shall be
  provided in a form and language that the alien can understand.
HR 45 RH----2