IMMIGRATION EMERGENCY FUND.

SEC. 705. IMMIGRATION EMERGENCY FUND. (a) In General.— Section 404(b) (8 U.S.C. 1101 note) is amended— (1) by inserting “(1)” after “(b)”, (2) by inserting “(for fiscal year 1991 and any subsequent fiscal year)” after “appropriated”, (3) by striking “$35,000,000” and inserting “an amount sufficient to provide for a balance of $35,000,000 in such fund”, (4) by inserting “to carry out paragraph (2) and” after “to be used”, and (5) by adding at the end the following new paragraph: “(2) (A) Funds which are authorized to be appropriated by paragraph (1), subject to the dollar limitation contained in subparagraph (B), shall be available, by application for the reimbursement of States and localities providing assistance as required by the Attorney General, to States and localities whenever— “(i) a district director of the Service certifies to the Commissioner that the number of asylum applications filed in the respective district during a calendar quarter exceeds by at least 1,000 the number of such applications filed in that district during the preceding calendar quarter, “(ii) the lives, property, safety, or welfare of the residents of a State or locality are endangered, or “(iii) in any other circumstances as determined by the Attorney General. “(B) Not more than $20,000,000 shall be made available for all localities under this paragraph. “(C) For purposes of subparagraph (A), the requirement of paragraph (1) that an immigration emergency be determined shall not apply. “(D) A decision with respect to an application for reimbursement under subparagraph (A) shall be made by the Attorney General within 15 days after the date of receipt of the application.”. (b) Effective Date.— Section 404(b)(2)(A)(i) of the Immigration and Nationality Act, as added by the amendment made by subsection (a)(5), shall apply with respect to increases in the number of asylum applications filed in a calendar quarter beginning on or after January 1, 1989. The Attorney General may not spend any amounts from the immigration emergency fund pursuant to the amendments made by subsection (a) before October 1, 1991.