text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Caribbean Amnesty and Relief Act''.
  
     TITLE I--CLARIFICATION OF ELIGIBILITY FOR RELIEF FROM REMOVAL AND 
                       DEPORTATION FOR CERTAIN ALIENS
  
  SEC. 101. ADJUSTMENT OF STATUS OF CERTAIN CARIBBEANS.
  
      (a) Adjustment of Status.--
              (1) In general.--Notwithstanding section 245(c) of the 
          Immigration and Nationality Act, the status of any alien 
          described in subsection (b) shall be adjusted by the Attorney 
          General to that of an alien lawfully admitted for permanent 
          residence, if the alien--
                      (A) applies for such adjustment before April 1, 
                  2002; and
                      (B) is otherwise eligible to receive an immigrant 
                  visa and is otherwise admissible to the United States 
                  for permanent residence, except in determining such 
                  admissibility the grounds for inadmissibility specified 
                  in paragraphs (4), (5), (6)(A) and (7)(A) of section 
                  212(a) of the Immigration and Nationality Act shall not 
                  apply.
              (2) Relationship of application to certain orders.--An 
          alien present in the United States who has been ordered 
          excluded, deported, removed or ordered to depart voluntarily 
          from the United States under any provision of the Immigration 
          and Nationality Act may, notwithstanding such order, apply for 
          adjustment of status under paragraph (1). Such an alien may not 
          be required, as a condition of submitting or granting such 
          application, to file a separate motion to reopen, reconsider, 
          or vacate such an order. If the Attorney General grants the 
          application, the Attorney General shall cancel the order. If 
          the Attorney General renders a final administrative decision to 
          deny the application, the order shall be effective and 
          enforceable to the same extent as if the application had not 
          been made.
      (b) Aliens Eligible for Adjustment of Status.--
              (1) In general.--The benefits provided by subsection (a) 
          shall apply to any alien who is a national of countries of the 
          Caribbean and who has been physically present in the United 
          States for a continuous period, beginning not later than 
          September 30, 1996 and ending earlier than the date the 
          application for adjustment under such subsection is filed, 
          except an alien shall not be considered to have failed to 
          maintain continuous physical presence by reason of an absence, 
          or absences, from the United States for any periods in the 
          aggregate not exceeding 180 days.
              (2) Proof of commencement of continuous presence.--For 
          purposes of establishing that the period of continuous physical 
          presence referred to in paragraph (1) commenced not later than 
          September 30, 1996, an alien--
                      (A) shall demonstrate that the alien, prior to 
                  September 30, 1996 performed service, or engaged in a 
                  trade or business, within the United States; or
                      (B) shall make such other demonstration of physical 
                  presence as the Attorney General may provide for by 
                  regulation.
      (c) Stay of Removal; Work Authorization.--
              (1) In general.--The Attorney General shall provide by 
          regulation for an alien subject to a final order of deportation 
          or removal to seek a stay of such order based on the filing of 
          an application under subsection (a).
              (2) During certain proceedings.--Notwithstanding any 
          provision of the Immigration and Nationality Act, the Attorney 
          General shall not order any alien to be removed from the United 
          States, if the alien is in exclusion, deportation, or removal 
  proceedings under any provision of such an Act and has applied for 
  adjustment of status under subsection (a), except where the Attorney 
  General has rendered a final administrative determination to deny the 
  application.
              (3) Work authorization.--The Attorney General may authorize 
          an alien who has applied for adjustment of status under 
          subsection (a) to engage in employment in the United States 
          during the pendency of such application and may provide the 
          alien with an ``employment authorization'' endorsement or other 
          appropriate document signifying authorization of employment, 
          except that if such application is pending for a period 
          exceeding 180 days, and has not been denied, the Attorney 
          General shall authorize such employment.
      (d) Adjustment of Status for Status for Spouses and Children.--
              (1) In general.--Notwithstanding section 245(c) of the 
          Immigration and Nationality Act, the status of an alien shall 
          be adjusted by the Attorney General to that of an alien 
          lawfully admitted for permanent residence, if--
                      (A) the alien is a national of a Caribbean country;
                      (B) the spouse, child, or unmarried son or 
                  daughter, of an alien whose status is adjusted to that 
                  of an alien lawfully admitted for permanent residence 
                  under subsection (a), except that in the case of such 
                  an unmarried son or daughter, the son or daughter shall 
                  be required to establish that they have been physically 
                  present in the United States for a continuous period, 
                  beginning not later than December 1, 1995, and ending 
                  not earlier than the date the application for 
                  adjustment is filed;
                      (C) the alien applies for such adjustment and is 
                  physically present in the United States on the date the 
                  application is filed;
                      (D) the alien is otherwise eligible to receive an 
                  immigrant visa and is otherwise admissible to the 
                  United States for permanent residence, except in 
                  determining such admissibility the grounds for 
                  exclusion specified in paragraphs (4), (5), (6)(A), and 
                  (7)(A) of section 212(a) of the Immigration and 
                  Nationality Act shall not apply; and
                      (E) applies for such adjustment before April 1, 
                  2002.
              (2) Proof of continuous presence.--For purposes of 
          establishing the period of continuous physical presence 
          referred to in paragraph (1)(B), an alien--
                      (A) shall demonstrate that such period commenced 
                  not later than December 1, 1995, in a manner consistent 
                  with subsection (b)(2); and
                      (B) shall not be considered to have failed to 
                  maintain continuous physical presence by reason of an 
                  absence, or absences, from the United States for any 
                  period in the aggregate not exceeding 180 days.
      (e) Availability of Administrative Review.--The Attorney General 
  shall provide to applicants for adjustment of status under subsection 
  (a) the same right to, and procedures for, administrative review as are 
  provided to--
              (1) applicants for adjustment of status under section 245 
          of the Immigration and Nationality Act; or
              (2) aliens subject to removal proceedings under section 240 
          of such Act.
      (f) Limitation on Judicial Review.--A determination by the Attorney 
  General as to whether the status of any alien should be adjusted under 
  this section is final and shall not be subject to review by any court.
      (g) No Offset in Number of Visas Available.--When an alien is 
  granted the status of having been lawfully admitted for permanent 
  residence pursuant to this section, the Secretary of the State shall 
  not be required to reduce the number of immigrant visas authorized to 
  be issued under any provision of the Immigration and Nationality Act.
      (h) Application of Immigration and Nationality Act Provisions.--
  Except as otherwise specifically provided in this section, the 
  definitions contained in the Immigration and Nationality Act shall 
  apply in the administration of this section. Nothing contained in this 
  section shall be held to repeal, amend, alter, modify, affect, or 
  restrict the powers, duties, functions, or authority of the Attorney 
  General in the administration and enforcement of such Act or any other 
  law relating to immigration, nationality, or naturalization. The fact 
  that an alien may be eligible to be granted the status of having been 
  lawfully admitted for permanent residence under this section shall not 
  preclude the alien from seeking such status under any other provision 
  of law for which the alien may be eligible.
  
                     TITLE II--VISA FAIRNESS COMMISSION
  
  SEC. 201. ESTABLISHMENT.
  
      There is established in the Immigration and Naturalization Service 
  a commission to be known as the Visa Fairness Commission (hereafter in 
  this title referred to as the ``Commission''.)
  
  SEC. 202. DUTIES.
  
      (a) Data Collection.--The Commission, in consultation with the 
  Director of the Immigration and Naturalization Service, shall gather 
  empirical data on economic and racial profiling by the Consular Affairs 
  office in American embassies and by Customs and immigration inspectors 
  at US points of entry. In carrying out the preceding sentence, the 
  Commission and the Director shall, to the extent practicable, avoid 
  duplication of administration efforts.
      (b) In General.--Section 376 of the Immigration and Nationality Act 
  (8 U.S.C. 1351) is amended by adding in subsection (a) the following:
              ``(3) Fee waiver--The Secretary of State shall waive the 
          visa fee for those who can prove in forma pauperis status.''.
  
  SEC. 203. MEMBERSHIP.
  
      (a) Number and Appointment.--The Commission shall be composed of 15 
  members appointed by the Director of the INS. Members on the Commission 
  shall be broadly representative of the ethnic, religious, majority and 
  minority groups comprising the United States.
      (b) Waiver of Limitation on Executive Schedule Positions.--
  Appointments may be made under this section without regard to section 
  5311(b) of title 5, United States Code.
      (c) Political Affiliation.--Not more than 8 members appointed maybe 
  of the same political party.
      (d) Terms.--
              (1) In general.--Each member shall be appointed for a term 
          of two years, except as provided.
      (e) Basic Pay.--
              (1) Rates of pay.--Except as provided in paragraph (2), 
          member shall serve without pay.
              (2) Prohibition of compensation of federal employees.--
          Members of the Commission who are full-time officers or 
          employees of the United States may not receive additional pay, 
          allowances, or benefits by reason of their services on the 
          Commission.
      (f) Travel Expenses.--Each member shall receive travel expenses, 
  including per diem in lieu of subsistence, in accordance with sections 
  5702 and 5703 of title 5, United States Code.
      (g) Quorum.--Eight members of the Commission shall constitute a 
  quorum but a lesser number may hold hearings.
      (h) Chairman; Vice Chairman.--The Chairman and Vice Chairman of the 
  Commission shall be designated by the Director of the INS at the time 
  of the appointment.
      (i) Meetings.--The Commission shall meet at the call of the 
  Chairman or a majority of its members.
  
  SEC. 204. DIRECTOR AND STAFF OF COMMISSION; EXPERTS AND CONSULTANTS.
  
      (a) Director.--The Commission shall, without regard to section 
  5311(b) of title 5, United States Code, have a Director who shall be 
  appointed by the Commission. The Director shall be paid at a rate not 
  to exceed the rate of basic pay payable for level V of the Executive 
  Schedule.
      (b) Staff.--Subject to rules prescribed by the Commission, and 
  without regard to section 5311(b) of title 5, United States Code, the 
  Director may appoint additional personnel as the Director considers 
  appropriate.
      (c) Applicability of Certain Civil Service Laws.--The Director and 
  staff of the Commission shall be appointed subject to the provisions of 
  title 5, United State Code, governing appointments in the competitive 
  service, and shall be paid in accordance with the provisions of chapter 
  51 and subchapter III of chapter 53 of that title relating to 
  classification and General Schedule pay rates.
      (d) Experts and Consultants.--Subject to rules prescribed by the 
  Commission, the Director may procure temporary and intermittent 
  services under section 3109(b) of title 5, United States Code, but at 
  rates for individuals not to exceed the daily equivalent of the rate 
  basic pay payable for level V of the Executive Schedule.
      (e) Staff of Federal Agencies.--Upon request of the Director, the 
  head of any Federal department or agency may detail, on a reimbursable 
  basis, any of the personnel of that department or agency to the 
  Commission to assist it in carrying out its duties under this Act.
  
  SEC. 205. POWERS OF COMMISSION.
  
      (a) Hearings and Sessions.--The Commission may, for the purpose of 
  carrying out this Act, hold hearings, sit and act at times and places, 
  take testimony, and receive evidence as the Commission considers 
  appropriate. The Commission may administer oaths or affirmations to 
  witnesses appearing before it.
      (b) Powers of Members and Agents.--Any member or agent of the 
  Commission may, if authorized by the Commission take any action which 
  the Commission is authorized to take by this section.
      (c) Obtaining Official Data.--The Commission may secure directly 
  from any department or agency of the United States information 
  necessary to enable it to carry out this Act. Upon request of the 
  Chairman or Vice Chairman of the Commission, the head of the department 
  or agency shall furnish that information to the Commission, the head of 
  that department or agency shall furnish that information to the 
  Commission.
      (d) Gifts, Bequests, and Devises.--The Commission may accept, use, 
  and dispose of gifts, bequests, or devises of services or property, 
  both real and personal, for the purpose of aiding or facilitating the 
  work of the Commission. Gifts, bequests, or devises of money and 
  proceeds from sales of other property received as gifts, bequests, or 
  devises shall be deposited in the Treasury and shall be available for 
  disbursement upon order of the Chairman.
      (e) Mails.--The Commission may use the United States mails in the 
  same manner and under the same conditions as other departments and 
  agencies of the United States.
      (f) Administrative Support Services.--Upon the request of the 
  Commission, the Administrator of General Services shall provide to the 
  Commission, on a reimbursable basis, the administrative support 
  services necessary for the Commission to carry out its responsibilities 
  under the Act.
      (g) Subpoena Power.--
              (1) In general.--The Commission may issue subpoenas 
          requiring the attendance and testimony of witnesses and the 
          production of any evidence relating to any matter under 
          investigation by the Commission. The attendance of witnesses 
          and the production of evidence may be required from any place 
          within the United States at any designated place of hearing 
          within the United States.
              (2) Failure to obey a subpoena.--If a person refuses to 
          obey a subpoena issued under paragraph (1), the Commission may 
          apply to a United States district court for an order requiring 
          that person to appear before the Commission to give testimony, 
          produce evidence, or both, relating to the matter under 
          investigation. The application may be made within the judicial 
          district where the hearing is conducted or where that person is 
          found, resides, or transacts business any failure to obey the 
          order of the court may be punished by the court as civil 
          contempt.
              (3) Service of subpoenas.--The subpoenas of the Commission 
          shall be served in the manner provided for subpoenas issued by 
          a United States district court under the Federal Rules of Civil 
          Procedure for the United States district courts.
              (4) Service of process.--All process of any court to which 
          application is be made under paragraph (2) may be served in the 
          judicial district in which the person required to be served 
          resides or may be found.
      (h) Immunity.--Except as provided in this subsection, a person may 
  not be excused from testifying or from producing evidence pursuant to a 
  subpoena on the ground that the testimony or evidence required by the 
  subpoena may tend to incriminate or subject that person to criminal 
  prosecution. A person, after having claimed the privilege against self-
  incrimination, may not be criminally prosecuted by reason of any 
  transaction, matter, or thing about which that person is compelled to 
  testify or relating to which that person is compelled to produce 
  evidence, except that the person may be prosecuted for perjury 
  committed during the testimony or made in the evidence.
      (i) Contract Authority.--The Commission may contract with and 
  compensate government and private agencies or persons for property and 
  services, without regard to section 3709 of the Revised Statutes (41 
  U.S.C. 5)
  
  SEC. 206. ANNUAL REPORTS.
  
      The Commission shall transmit an annual report to the Director of 
  the INS and the Congress not later than December 31 of each year. Each 
  such report shall contain a detailed statement of activities of the 
  Commission during the fiscal year ending in the year in which such 
  report is required to be submitted.
  
  SEC. 207. AUTHORIZATION OF APPROPRIATIONS.
  
      There are authorized to be appropriated such sums as may be 
  necessary to complete the study.
target: Title II: Visa Fairness Commission
   - Establishes in the Immigration and Naturalization Service the Visa Fairness Commission, which shall gather data on U.S. embassy and port of entry economic and racial profiling. Authorizes appropriations.
  Amends the Immigration and Nationality Act to waive the visa fee for aliens who can prove in forma pauperis status.
feat_title: Caribbean Amnesty and Relief Act