To amend the Haitian Refugee Immigration Fairness Act of 1998.

SA 3300. Mr. GRAHAM of Florida submitted an amendment intended to be proposed by him to the bill S. 2400, to authorize appropriations for fiscal year 2005 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Services, and for other purposes; which was ordered to lie on the table; as follows:

On page 280, after line 22, insert the following:

SEC. 1068. AMENDMENTS TO HAITIAN REFUGEE IMMIGRATION FAIRNESS ACT OF 1998.

(a) Ground for Inadmissibility for Document Fraud Does Not Apply.--Section 902 of the Haitian Refugee Immigration Fairness Act of 1998 (8 U.S.C. 1255 note) is amended in subsections (a)(1)(B) and (d)(1)(D) by inserting “(6)(C)(i),” after “(6)(A),”.

(b) Determination With Respect to Children.--Section 902(d) of such Act (8 U.S.C. 1255 note) is amended by adding at the end the following:

“(3) Determinations with respect to children.--

“(A) Use of application filing date.--Determinations made under this subsection as to whether an alien is a child of a parent shall be made using the age and status of the alien on the date of enactment of this section.

“(B) Application submission by parent.--Notwithstanding paragraph (1)(C), an application filed under this subsection based on an alien's status as a child may be filed for the benefit of such child by a parent or guardian of the child, if the child is physically present in the United States on such filing date.”.

(c) New Applications and Motions to Reopen.--

(1) New applications.--Notwithstanding section 902(a)(1)(A) of the Haitian Refugee Immigration Fairness Act of 1998 (8 U.S.C. 1255 note), an alien who is eligible for adjustment of status under that Act, as amended by subsections (a) and (b), may submit an application for adjustment of status under that Act not later than the later of--

(A) 2 years after the date of enactment of this Act; or

(B) 1 year after the date on which final regulations implementing this Act are promulgated.

(2) Motions to reopen.--The Secretary of Homeland Security shall establish procedures for the reopening and reconsideration of applications for adjustment of status under the Haitian Refugee Immigration Fairness Act of 1998 (8 U.S.C. 1255 note) that are affected by the amendments made by subsections (a) and (b).

(3) Relationship of application to certain orders.--Section 902(a)(3) of the Haitian Refugee Immigration Fairness Act of 1998 (8 U.S.C. 1255 note) shall apply to an alien present in the United States who has been ordered excluded, deported, removed, or ordered to depart voluntarily, and who files an application under paragraph (1) or a motion under paragraph (2), in the same manner as such section 902(a)(3) applied to aliens who filed applications for adjustment of status under that Act before April 1, 2000.