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104th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 104-828
_______________________________________________________________________
ILLEGAL IMMIGRATION REFORM AND IMMIGRANT RESPONSIBILITY ACT OF 1996
_______
September 24, 1996.--Ordered to be printed
_______________________________________________________________________
Mr. Hyde, from the committee of conference, submitted the following
CONFERENCE REPORT
[To accompany H.R. 2202]
The committee of conference on the disagreeing votes of
the two Houses on the amendment of the Senate to the bill (H.R.
2202) to amend the Immigration and Nationality Act to improve
deterrence of illegal immigration to the United States by
increasing border patrol and investigative personnel, by
increasing penalties for alien smuggling and for document
fraud, by reforming exclusion and deportation law and
procedures, by improving the verification system for the
eligibility for employment, and through other measures, to
reform the legal immigration system and facilitate legal
entries into the United States, and for other purposes, having
met, after full and free conference, have agreed to recommend
and do recommend to their respective Houses as follows:
That the House recede from its disagreement to the
amendment of the Senate and agree to the same with an amendment
as follows:
In lieu of the matter proposed to be inserted by the
Senate amendment, insert the following:
SECTION 1. SHORT TITLE; AMENDMENTS TO IMMIGRATION AND NATIONALITY ACT;
APPLICATION OF DEFINITIONS OF SUCH ACT; TABLE OF
CONTENTS; SEVERABILITY.
(a) Short Title.--This Act may be cited as the ``Illegal
Immigration Reform and Immigrant Responsibility Act of 1996''.
(b) Amendments to Immigration and Nationality Act.--Except
as otherwise specifically provided--
(1) whenever in this Act an amendment or repeal is
expressed as the amendment or repeal of a section or
other provision, the reference shall be considered to
be made to that section or provision in the Immigration
and Nationality Act; and
(2) amendments to a section or other provision are
to such section or other provision before any amendment
made to such section or other provision elsewhere in
this Act.
(c) Application of Certain Definitions.--Except as
otherwise specifically provided in this Act, for purposes of
titles I and VI of this Act, the terms ``alien'', ``Attorney
General'', ``border crossing identification card'', ``entry'',
``immigrant'', ``immigrant visa'', ``lawfully admitted for
permanent residence'', ``national'', ``naturalization'',
``refugee'', ``State'', and ``United States'' shall have the
meaning given such terms in section 101(a) of the Immigration
and Nationality Act.
(d) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; amendments to Immigration and Nationality Act;
application of definitions of such Act; table of contents.
TITLE I--IMPROVEMENTS TO BORDER CONTROL, FACILITATION OF LEGAL ENTRY,
AND INTERIOR ENFORCEMENT
Subtitle A--Improved Enforcement at the Border
Sec. 101. Border patrol agents and support personnel.
Sec. 102. Improvement of barriers at border.
Sec. 103. Improved border equipment and technology.
Sec. 104. Improvement in border crossing identification card.
Sec. 105. Civil penalties for illegal entry.
Sec. 106. Hiring and training standards.
Sec. 107. Report on border strategy.
Sec. 108. Criminal penalties for high speed flights from immigration
checkpoints.
Sec. 109. Joint study of automated data collection.
Sec. 110. Automated entry-exit control system.
Sec. 111. Submission of final plan on realignment of border patrol
positions from interior stations.
Sec. 112. Nationwide fingerprinting of apprehended aliens.
Subtitle B--Facilitation of Legal Entry
Sec. 121. Land border inspectors.
Sec. 122. Land border inspection and automated permit pilot projects.
Sec. 123. Preinspection at foreign airports.
Sec. 124. Training of airline personnel in detection of fraudulent
documents.
Sec. 125. Preclearance authority.
Subtitle C--Interior Enforcement
Sec. 131. Authorization of appropriations for increase in number of
certain investigators.
Sec. 132. Authorization of appropriations for increase in number of
investigators of visa overstayers.
Sec. 133. Acceptance of State services to carry out immigration
enforcement.
Sec. 134. Minimum State INS presence.
TITLE II--ENHANCED ENFORCEMENT AND PENALTIES AGAINST ALIEN SMUGGLING;
DOCUMENT FRAUD
Subtitle A--Enhanced Enforcement and Penalties Against Alien Smuggling
Sec. 201. Wiretap authority for investigations of alien smuggling or
document fraud.
Sec. 202. Racketeering offenses relating to alien smuggling.
Sec. 203. Increased criminal penalties for alien smuggling.
Sec. 204. Increased number of assistant United States Attorneys.
Sec. 205. Undercover investigation authority.
Subtitle B--Deterrence of Document Fraud
Sec. 211. Increased criminal penalties for fraudulent use of government-
issued documents.
Sec. 212. New document fraud offenses; new civil penalties for document
fraud.
Sec. 213. New criminal penalty for failure to disclose role as preparer
of false application for immigration benefits.
Sec. 214. Criminal penalty for knowingly presenting document which fails
to contain reasonable basis in law or fact.
Sec. 215. Criminal penalty for false claim to citizenship.
Sec. 216. Criminal penalty for voting by aliens in Federal election.
Sec. 217. Criminal forfeiture for passport and visa related offenses.
Sec. 218. Penalties for involuntary servitude.
Sec. 219. Admissibility of videotaped witness testimony.
Sec. 220. Subpoena authority in document fraud enforcement.
TITLE III--INSPECTION, APPREHENSION, DETENTION, ADJUDICATION, AND
REMOVAL OF INADMISSIBLE AND DEPORTABLE ALIENS
Subtitle A--Revision of Procedures for Removal of Aliens
Sec. 301. Treating persons present in the United States without
authorization as not admitted.
Sec. 302. Inspection of aliens; expedited removal of inadmissible
arriving aliens; referral for hearing (revised section 235).
Sec. 303. Apprehension and detention of aliens not lawfully in the
United States (revised section 236).
Sec. 304. Removal proceedings; cancellation of removal and adjustment of
status; voluntary departure (revised and new sections 239 to
240C).
Sec. 305. Detention and removal of aliens ordered removed (new section
241).
Sec. 306. Appeals from orders of removal (new section 242).
Sec. 307. Penalties relating to removal (revised section 243).
Sec. 308. Redesignation and reorganization of other provisions;
additional conforming amendments.
Sec. 309. Effective dates; transition.
Subtitle B--Criminal Alien Provisions
Sec. 321. Amended definition of aggravated felony.
Sec. 322. Definition of conviction and term of imprisonment.
Sec. 323. Authorizing registration of aliens on criminal probation or
criminal parole.
Sec. 324. Penalty for reentry of deported aliens.
Sec. 325. Change in filing requirement.
Sec. 326. Criminal alien identification system.
Sec. 327. Appropriations for criminal alien tracking center.
Sec. 328. Provisions relating to State criminal alien assistance
program.
Sec. 329. Demonstration project for identification of illegal aliens in
incarceration facility of Anaheim, California.
Sec. 330. Prisoner transfer treaties.
Sec. 331. Prisoner transfer treaties study.
Sec. 332. Annual report on criminal aliens.
Sec. 333. Penalties for conspiring with or assisting an alien to commit
an offense under the Controlled Substances Import and Export
Act.
Sec. 334. Enhanced penalties for failure to depart, illegal reentry, and
passport and visa fraud.
Subtitle C--Revision of Grounds for Exclusion and Deportation
Sec. 341. Proof of vaccination requirement for immigrants.
Sec. 342. Incitement of terrorist activity and provision of false
documentation to terrorists as a basis for exclusion from the
United States.
Sec. 343. Certification requirements for foreign health-care workers.
Sec. 344. Removal of aliens falsely claiming United States citizenship.
Sec. 345. Waiver of exclusion and deportation ground for certain section
274C violators.
Sec. 346. Inadmissibility of certain student visa abusers.
Sec. 347. Removal of aliens who have unlawfully voted.
Sec. 348. Waivers for immigrants convicted of crimes.
Sec. 349. Waiver of misrepresentation ground of inadmissibility for
certain alien.
Sec. 350. Offenses of domestic violence and stalking as ground for
deportation.
Sec. 351. Clarification of date as of which relationship required for
waiver from exclusion or deportation for smuggling.
Sec. 352. Exclusion of former citizens who renounced citizenship to
avoid United States taxation.
Sec. 353. References to changes elsewhere in Act.
Subtitle D--Changes in Removal of Alien Terrorist Provisions
Sec. 354. Treatment of classified information.
Sec. 355. Exclusion of representatives of terrorists organizations.
Sec. 356. Standard for judicial review of terrorist organization
designations.
Sec. 357. Removal of ancillary relief for voluntary departure.
Sec. 358. Effective date.
Subtitle E--Transportation of Aliens
Sec. 361. Definition of stowaway.
Sec. 362. Transportation contracts.
Subtitle F--Additional Provisions
Sec. 371. Immigration judges and compensation.
Sec. 372. Delegation of immigration enforcement authority.
Sec. 373. Powers and duties of the Attorney General and the
Commissioner.
Sec. 374. Judicial deportation.
Sec. 375. Limitation on adjustment of status.
Sec. 376. Treatment of certain fees.
Sec. 377. Limitation on legalization litigation.
Sec. 378. Rescission of lawful permanent resident status.
Sec. 379. Administrative review of orders.
Sec. 380. Civil penalties for failure to depart.
Sec. 381. Clarification of district court jurisdiction.
Sec. 382. Application of additional civil penalties to enforcement.
Sec. 383. Exclusion of certain aliens from family unity program.
Sec. 384. Penalties for disclosure of information.
Sec. 385. Authorization of additional funds for removal of aliens.
Sec. 386. Increase in INS detention facilities; report on detention
space.
Sec. 387. Pilot program on use of closed military bases for the
detention of inadmissible or deportable aliens.
Sec. 388. Report on interior repatriation program.
TITLE IV--ENFORCEMENT OF RESTRICTIONS AGAINST EMPLOYMENT
Subtitle A--Pilot Programs for Employment Eligibility Confirmation
Sec. 401. Establishment of programs.
Sec. 402. Voluntary election to participate in a pilot program.
Sec. 403. Procedures for participants in pilot programs.
Sec. 404. Employment eligibility confirmation system.
Sec. 405. Reports.
Subtitle B--Other Provisions Relating to Employer Sanctions
Sec. 411. Limiting liability for certain technical violations of
paperwork requirements.
Sec. 412. Paperwork and other changes in the employer sanctions program.
Sec. 413. Report on additional authority or resources needed for
enforcement of employer sanctions provisions.
Sec. 414. Reports on earnings of aliens not authorized to work.
Sec. 415. Authorizing maintenance of certain information on aliens.
Sec. 416. Subpoena authority.
Subtitle C--Unfair Immigration-Related Employment Practices
Sec. 421. Treatment of certain documentary practices as unfair
immigration-related employment practices.
TITLE V--RESTRICTIONS ON BENEFITS FOR ALIENS
Sec. 500. Statements of national policy concerning public benefits and
immigration.
Subtitle A--Ineligibility of Excludable, Deportable, and Nonimmigrant
Aliens From Public Assistance and Benefits
Sec. 501. Means-tested public benefits.
Sec. 502. Grants, contracts, and licenses.
Sec. 503. Unemployment benefits.
Sec. 504. Social security benefits.
Sec. 505. Requiring proof of identity for certain public assistance.
Sec. 506. Authorization for States to require proof of eligibility for
State programs.
Sec. 507. Limitation on eligibility for preferential treatment of aliens
not lawfully present on basis of residence for higher
education benefits.
Sec. 508. Verification of student eligibility for postsecondary Federal
student financial assistance.
Sec. 509. Verification of immigration status for purposes of social
security and higher educational assistance.
Sec. 510. No verification requirement for nonprofit charitable
organizations.
Sec. 511. GAO study of provision of means-tested public benefits to
ineligible aliens on behalf of eligible individuals.
Subtitle B--Expansion of Disqualification From Immigration Benefits on
the Basis of Public Charge
Sec. 531. Ground for exclusion.
Sec. 532. Ground for deportation.
Subtitle C--Affidavits of Support and Attribution of Income
Sec. 551. Requirements for sponsor's affidavit of support.
Sec. 552. Attribution of sponsor's income and resources to sponsored
immigrants.
Sec. 553. Attribution of sponsor's income and resources authority for
State and local governments.
Sec. 554. Authority of States and political subdivisions of States to
limit assistance to aliens and to distinguish among classes of
aliens in providing general cash public assistance.
Subtitle D--Miscellaneous Provisions
Sec. 561. Increased maximum criminal penalties for forging or
counterfeiting seal of a Federal department or agency to
facilitate benefit fraud by an unlawful alien.
Sec. 562. Computation of targeted assistance.
Sec. 563. Treatment of expenses subject to emergency medical services
exception.
Sec. 564. Reimbursement of States and localities for emergency ambulance
services.
Sec. 565. Pilot programs to require bonding.
Sec. 566. Reports.
Subtitle E--Housing Assistance
Sec. 571. Short title.
Sec. 572. Prorating of financial assistance.
Sec. 573. Actions in cases of termination of financial assistance.
Sec. 574. Verification of immigration status and eligibility for
financial assistance.
Sec. 575. Prohibition of sanctions against entities making financial
assistance eligibility determinations.
Sec. 576. Regulations.
Sec. 577. Report on housing assistance programs.
Subtitle F--General Provisions
Sec. 591. Effective dates.
Sec. 592. Statutory construction.
Sec. 593. Not applicable to foreign assistance.
Sec. 594. Notification.
Sec. 595. Definitions.
TITLE VI--MISCELLANEOUS PROVISIONS
Subtitle A--Refugees, Parole, and Asylum
Sec. 601. Persecution for resistance to coercive population control
methods.
Sec. 602. Limitation on use of parole.
Sec. 603. Treatment of long-term parolees in applying worldwide
numerical limitations.
Sec. 604. Asylum reform.
Sec. 605. Increase in asylum officers.
Sec. 606. Conditional repeal of Cuban Adjustment Act.
Subtitle B--Miscellaneous Amendments to the Immigration and Nationality
Act
Sec. 621. Alien witness cooperation.
Sec. 622. Waiver of foreign country residence requirement with respect
to international medical graduates.
Sec. 623. Use of legalization and special agricultural worker
information.
Sec. 624. Continued validity of labor certifications and classification
petitions for professional athletes.
Sec. 625. Foreign students.
Sec. 626. Services to family members of certain officers and agents
killed in the line of duty.
Subtitle C--Provisions Relating to Visa Processing and Consular
Efficiency
Sec. 631. Validity of period of visas.
Sec. 632. Elimination of consulate shopping for visa overstays.
Sec. 633. Authority to determine visa processing procedures.
Sec. 634. Changes regarding visa application process.
Sec. 635. Visa waiver program.
Sec. 636. Fee for diversity immigrant lottery.
Sec. 637. Eligibility for visas for certain Polish applicants for the
1995 diversity immigrant program.
Subtitle D--Other Provisions
Sec. 641. Program to collect information relating to nonimmigrant
foreign students.
Sec. 642. Communication between government agencies and the Immigration
and Naturalization Service.
Sec. 643. Regulations regarding habitual residence.
Sec. 644. Information regarding female genital mutilation.
Sec. 645. Criminalization of female genital mutilation.
Sec. 646. Adjustment of status for certain Polish and Hungarian
parolees.
Sec. 647. Support of demonstration projects.
Sec. 648. Sense of Congress regarding American-made products;
requirements regarding notice.
Sec. 649. Vessel movement controls during immigration emergency.
Sec. 650. Review of practices of testing entities.
Sec. 651. Designation of a United States customs administrative
building.
Sec. 652. Mail-order bride business.
Sec. 653. Review and report on H-2A nonimmigrant workers program.
Sec. 654. Report on allegations of harassment by Canadian customs
agents.
Sec. 655. Sense of Congress on discriminatory application of New
Brunswick provincial sales tax.
Sec. 656. Improvements in identification-related documents.
Sec. 657. Development of prototype of counterfeit-resistant Social
Security card.
Sec. 658. Border Patrol Museum.
Sec. 659. Sense of the Congress regarding the mission of the Immigration
and Naturalization Service.
Sec. 660. Authority for National Guard to assist in transportation of
certain aliens.
Subtitle E--Technical Corrections
Sec. 671. Miscellaneous technical corrections.
(e) Severability.--If any provision of this Act or the
application of such provision to any person or circumstances is
held to be unconstitutional, the remainder of this Act and the
application of the provisions of this Act to any person or
circumstance shall not be affected thereby.
TITLE I--IMPROVEMENTS TO BORDER CONTROL, FACILITATION OF LEGAL ENTRY,
AND INTERIOR ENFORCEMENT
Subtitle A--Improved Enforcement at the Border
SEC. 101. BORDER PATROL AGENTS AND SUPPORT PERSONNEL.
(a) Increased Number of Border Patrol Agents.--The Attorney
General in each of fiscal years 1997, 1998, 1999, 2000, and
2001 shall increase by not less than 1,000 the number of
positions for full-time, active-duty border patrol agents
within the Immigration and Naturalization Service above the
number of such positions for which funds were allotted for the
preceding fiscal year.
(b) Increase in Border Patrol Support Personnel.--The
Attorney General, in each of fiscal years 1997, 1998, 1999,
2000, and 2001, may increase by 300 the number of positions for
personnel in support of border patrol agents above the number
of such positions for which funds were allotted for the
preceding fiscal year.
(c) Deployment of Border Patrol Agents.--The Attorney
General shall, to the maximum extent practicable, ensure that
additional border patrol agents shall be deployed among
Immigration and Naturalization Service sectors along the border
in proportion to the level of illegal crossing of the borders
of the United States measured in each sector during the
preceding fiscal year and reasonably anticipated in the next
fiscal year.
(d) Forward Deployment.--
(1) In general.--The Attorney General shall forward
deploy existing border patrol agents in those areas of
the border identified as areas of high illegal entry
into the United States in order to provide a uniform
and visible deterrent to illegal entry on a continuing
basis. The previous sentence shall not apply to border
patrol agents located at checkpoints.
(2) Preservation of law enforcement functions and
capabilities in interior states.--The Attorney General
shall, when deploying border patrol personnel from
interior stations to border stations, coordinate with,
and act in conjunction with, State and local law
enforcement agencies to ensure that such deployment
does not degrade or compromise the law enforcement
capabilities and functions currently performed at
interior border patrol stations.
(3) Report.--Not later than 6 months after the date
of the enactment of this Act, the Attorney General
shall submit to the Committees on the Judiciary of the
House of Representatives and of the Senate a report
on--
(A) the progress and effectiveness of the
forward deployment under paragraph (1); and
(B) the measures taken to comply with
paragraph (2).
SEC. 102. IMPROVEMENT OF BARRIERS AT BORDER.
(a) In General.--The Attorney General, in consultation with
the Commissioner of Immigration and Naturalization, shall take
such actions as may be necessary to install additional physical
barriers and roads (including the removal of obstacles to
detection of illegal entrants) in the vicinity of the United
States border to deter illegal crossings in areas of high
illegal entry into the United States.
(b) Construction of Fencing and Road Improvements in the
Border Area Near San Diego, California.--
(1) In general.--In carrying out subsection (a),
the Attorney General shall provide for the construction
along the 14 miles of the international land border of
the United States, starting at the Pacific Ocean and
extending eastward, of second and third fences, in
addition to the existing reinforced fence, and for
roads between the fences.
(2) Prompt acquisition of necessary easements.--The
Attorney General, acting under the authority conferred
in section 103(b) of the Immigration and Nationality
Act (as inserted by subsection (d)), shall promptly
acquire such easements as may be necessary to carry out
this subsection and shall commence construction of
fences immediately following such acquisition (or
conclusion of portions thereof).
(3) Safety features.--The Attorney General, while
constructing the additional fencing under this
subsection, shall incorporate such safety features into
the design of the fence system as are necessary to
ensure the well-being of border patrol agents deployed
within or in near proximity to the system.
(4) Authorization of appropriations.--There are
authorized to be appropriated to carry out this
subsection not to exceed $12,000,000. Amounts
appropriated under this paragraph are authorized to
remain available until expended.
(c) Waiver.--The provisions of the Endangered Species Act
of 1973 and the National Environmental Policy Act of 1969 are
waived to the extent the Attorney General determines necessary
to ensure expeditious construction of the barriers and roads
under this section.
(d) Land Acquisition Authority.--
(1) In general.--Section 103 (8 U.S.C. 1103) is
amended--
(A) by redesignating subsections (b), (c),
and (d) as subsections (c), (d), and (e),
respectively; and
(B) by inserting after subsection (a) the
following:
``(b)(1) The Attorney General may contract for or buy any
interest in land, including temporary use rights, adjacent to
or in the vicinity of an international land border when the
Attorney General deems the land essential to control and guard
the boundaries and borders of the United States against any
violation of this Act.
``(2) The Attorney General may contract for or buy any
interest in land identified pursuant to paragraph (1) as soon
as the lawful owner of that interest fixes a price for it and
the Attorney General considers that price to be reasonable.
``(3) When the Attorney General and the lawful owner of an
interest identified pursuant to paragraph (1) are unable to
agree upon a reasonable price, the Attorney General may
commence condemnation proceedings pursuant to the Act of August
1, 1888 (Chapter 728; 25 Stat. 357).
``(4) The Attorney General may accept for the United States
a gift of any interest in land identified pursuant to paragraph
(1).''.
(2) Conforming amendment.--Section 103(e) (as so
redesignated by paragraph (1)(A)) is amended by
striking ``subsection (c)'' and inserting ``subsection
(d)''.
SEC. 103. IMPROVED BORDER EQUIPMENT AND TECHNOLOGY.
The Attorney General is authorized to acquire and use, for
the purpose of detection, interdiction, and reduction of
illegal immigration into the United States, any Federal
equipment (including fixed wing aircraft, helicopters, four-
wheel drive vehicles, sedans, night vision goggles, night
vision scopes, and sensor units) determined available for
transfer by any other agency of the Federal Government upon
request of the Attorney General.
SEC. 104. IMPROVEMENT IN BORDER CROSSING IDENTIFICATION CARD.
(a) In General.--Section 101(a)(6) (8 U.S.C. 1101(a)(6)) is
amended by adding at the end the following: ``Such regulations
shall provide that (A) each such document include a biometric
identifier (such as the fingerprint or handprint of the alien)
that is machine readable and (B) an alien presenting a border
crossing identification card is not permitted to cross over the
border into the United States unless the biometric identifier
contained on the card matches the appropriate biometric
characteristic of the alien.''.
(b) Effective Dates.--
(1) Clause a.--Clause (A) of the sentence added by
the amendment made by subsection (a) shall apply to
documents issued on or after 18 months after the date
of the enactment of this Act.
(2) Clause b.--Clause (B) of such sentence shall
apply to cards presented on or after 3 years after the
date of the enactment of this Act.
SEC. 105. CIVIL PENALTIES FOR ILLEGAL ENTRY.
(a) In General.--Section 275 (8 U.S.C. 1325) is amended--
(1) by redesignating subsections (b) and (c) as
subsections (c) and (d), respectively; and
(2) by inserting after subsection (a) the
following:
``(b) Any alien who is apprehended while entering (or
attempting to enter) the United States at a time or place other
than as designated by immigration officers shall be subject to
a civil penalty of--
``(1) at least $50 and not more than $250 for each
such entry (or attempted entry); or
``(2) twice the amount specified in paragraph (1)
in the case of an alien who has been previously subject
to a civil penalty under this subsection.
Civil penalties under this subsection are in addition to, and
not in lieu of, any criminal or other civil penalties that may
be imposed.''.
(b) Effective Date.--The amendments made by subsection (a)
shall apply to illegal entries or attempts to enter occurring
on or after the first day of the sixth month beginning after
the date of the enactment of this Act.
SEC. 106. HIRING AND TRAINING STANDARDS.
(a) Review of Hiring Standards.--Not later than 60 days
after the date of the enactment of this Act, the Attorney
General shall complete a review of all prescreening and hiring
standards used by the Commissioner of Immigration and
Naturalization, and, where necessary, revise such standards to
ensure that they are consistent with relevant standards of
professionalism.
(b) Certification.--At the conclusion of each of fiscal
years 1997, 1998, 1999, 2000, and 2001, the Attorney General
shall certify in writing to the Committees on the Judiciary of
the House of Representatives and of the Senate that all
personnel hired by the Commissioner of Immigration and
Naturalization for such fiscal year were hired pursuant to the
appropriate standards, as revised under subsection (a).
(c) Review of Training Standards.--
(1) Review.--Not later than 180 days after the date
of the enactment of this Act, the Attorney General
shall complete a review of the sufficiency of all
training standards used by the Commissioner of
Immigration and Naturalization.
(2) Report.--
(A) In general.--Not later than 90 days
after the completion of the review under
paragraph (1), the Attorney General shall
submit a report to the Committees on the
Judiciary of the House of Representatives and
of the Senate on the results of the review,
including--
(i) a description of the status of
efforts to update and improve training
throughout the Immigration and
Naturalization Service; and
(ii) an estimate of when such
efforts are expected to be completed.
(B) Areas requiring future review.--The
report shall disclose those areas of training
that the Attorney General determines require
further review in the future.
SEC. 107. REPORT ON BORDER STRATEGY.
(a) Evaluation of Strategy.--The Comptroller General of the
United States shall track, monitor, and evaluate the Attorney
General's strategy to deter illegal entry in the United States
to determine the efficacy of such strategy.
(b) Cooperation.--The Attorney General, the Secretary of
State, and the Secretary of Defense shall cooperate with the
Comptroller General of the United States in carrying out
subsection (a).
(c) Report.--Not later than one year after the date of the
enactment of this Act, and every year thereafter for the
succeeding 5 years, the Comptroller General of the United
States shall submit a report to the Committees on the Judiciary
of the House of Representatives and of the Senate on the
results of the activities undertaken under subsection (a)
during the previous year. Each such report shall include an
analysis of the degree to which the Attorney General's strategy
has been effective in reducing illegal entry. Each such report
shall include a collection and systematic analysis of data,
including workload indicators, related to activities to deter
illegal entry and recommendations to improve and increase
border security at the border and ports of entry.
SEC. 108. CRIMINAL PENALTIES FOR HIGH SPEED FLIGHTS FROM IMMIGRATION
CHECKPOINTS.
(a) Findings.--The Congress finds as follows:
(1) Immigration checkpoints are an important
component of the national strategy to prevent illegal
immigration.
(2) Individuals fleeing immigration checkpoints and
leading law enforcement officials on high speed vehicle
chases endanger law enforcement officers, innocent
bystanders, and the fleeing individuals themselves.
(3) The pursuit of suspects fleeing immigration
checkpoints is complicated by overlapping jurisdiction
among Federal, State, and local law enforcement
officers.
(b) High Speed Flight from Immigration Checkpoints.--
(1) In general.--Chapter 35 of title 18, United
States Code, is amended by adding at the end the
following:
``Sec. 758. High speed flight from immigration checkpoint
``Whoever flees or evades a checkpoint operated by the
Immigration and Naturalization Service, or any other Federal
law enforcement agency, in a motor vehicle and flees Federal,
State, or local law enforcement agents in excess of the legal
speed limit shall be fined under this title, imprisoned not
more than five years, or both.''.
(2) Clerical amendment.--The table of sections at
the beginning of such chapter is amended by inserting
after the item relating to section 757 the following:
``758. High speed flight from immigration checkpoint.''.
(c) Grounds for Deportation.--Section 241(a)(2)(A) (8
U.S.C. 1251(a)(2)(A)) is amended--
(1) by redesignating clause (iv) as clause (v);
(2) by inserting after clause (iii) the following:
``(iv) High speed flight.--Any
alien who is convicted of a violation
of section 758 of title 18, United
States Code, (relating to high speed
flight from an immigration checkpoint)
is deportable.''; and
(3) in clause (v) (as so redesignated by paragraph
(1)), by striking ``and (iii)'' and inserting ``(iii),
and (iv)''.
SEC. 109. JOINT STUDY OF AUTOMATED DATA COLLECTION.
(a) Study.--The Attorney General, together with the
Secretary of State, the Secretary of Agriculture, the Secretary
of the Treasury, and appropriate representatives of the air
transport industry, shall jointly undertake a study to develop
a plan for making the transition to automated data collection
at ports of entry.
(b) Report.--Nine months after the date of the enactment of
this Act, the Attorney General shall submit a report to the
Committees on the Judiciary of the Senate and the House of
Representatives on the outcome of the joint initiative under
subsection (a), noting specific areas of agreement and
disagreement, and recommending further steps to be taken,
including any suggestions for legislation.
SEC. 110. AUTOMATED ENTRY-EXIT CONTROL SYSTEM.
(a) System.--Not later than 2 years after the date of the
enactment of this Act, the Attorney General shall develop an
automated entry and exit control system that will--
(1) collect a record of departure for every alien
departing the United States and match the records of
departure with the record of the alien's arrival in the
United States; and
(2) enable the Attorney General to identify,
through on-line searching procedures, lawfully admitted
nonimmigrants who remain in the United States beyond
the period authorized by the Attorney General.
(b) Report.--
(1) Deadline.--Not later than December 31 of each
year following the development of the system under
subsection (a), the Attorney General shall submit an
annual report to the Committees on the Judiciary of the
House of Representatives and of the Senate on such
system.
(2) Information.--The report shall include the
following information:
(A) The number of departure records
collected, with an accounting by country of
nationality of the departing alien.
(B) The number of departure records that
were successfully matched to records of the
alien's prior arrival in the United States,
with an accounting by the alien's country of
nationality and by the alien's classification
as an immigrant or nonimmigrant.
(C) The number of aliens who arrived as
nonimmigrants, or as a visitor under the visa
waiver program under section 217 of the
Immigration and Nationality Act, for whom no
matching departure record has been obtained
through the system or through other means as of
the end of the alien's authorized period of
stay, with an accounting by the alien's country
of nationality and date of arrival in the
United States.
(c) Use of Information on Overstays.--Information regarding
aliens who have remained in the United States beyond their
authorized period of stay identified through the system shall
be integrated into appropriate data bases of the Immigration
and Naturalization Service and the Department of State,
including those used at ports of entry and at consular offices.
SEC. 111. SUBMISSION OF FINAL PLAN ON REALIGNMENT OF BORDER PATROL
POSITIONS FROM INTERIOR STATIONS.
Not later than November 30, 1996, the Attorney General
shall submit to the Committees on the Judiciary of the House of
Representatives and of the Senate a final plan regarding the
redeployment of border patrol personnel from interior locations
to the front lines of the border. The final plan shall be
consistent with the following:
(1) The preliminary plan regarding such
redeployment submitted by the Attorney General on May
17, 1996, to the Committee on Appropriations of the
House of Representatives and the Committee on
Appropriations of the Senate.
(2) The direction regarding such redeployment
provided in the joint explanatory statement of the
committee of conference in the conference report to
accompany the Omnibus Consolidated Rescissions and
Appropriations Act of 1996 (Public Law 104-134).
SEC. 112. NATIONWIDE FINGERPRINTING OF APPREHENDED ALIENS.
There are authorized to be appropriated such additional
sums as may be necessary to ensure that the ``IDENT'' program
(operated by the Immigration and Naturalization Service) is
expanded to apply to illegal or criminal aliens apprehended
nationwide.
Subtitle B--Facilitation of Legal Entry
SEC. 121. LAND BORDER INSPECTORS.
In order to eliminate undue delay in the thorough
inspection of persons and vehicles lawfully attempting to enter
the United States, the Attorney General and the Secretary of
the Treasury each shall increase, by approximately equal
numbers in each of fiscal years 1997 and 1998, the number of
full-time land border inspectors assigned to active duty by the
Immigration and Naturalization Service and the United States
Customs Service to a level adequate to assure full staffing
during peak crossing hours of all border crossing lanes
currently in use, under construction, or whose construction has
been authorized by the Congress, except such low-use lanes as
the Attorney General may designate.
SEC. 122. LAND BORDER INSPECTION AND AUTOMATED PERMIT PILOT PROJECTS.
(a) Extension of Land Border Inspection Project Authority;
Establishment of Automated Permit Pilot Projects.--Section
286(q) is amended--
(1) by striking the matter preceding paragraph (2)
and inserting the following:
``(q) Land Border Inspection Fee Account.--(1)(A)(i)
Notwithstanding any other provision of law, the Attorney
General is authorized to establish, by regulation, not more
than 6 projects under which a fee may be charged and collected
for inspection services provided at one or more land border
points of entry. Such projects may include the establishment of
commuter lanes to be made available to qualified United States
citizens and aliens, as determined by the Attorney General.
``(ii) The program authorized in this subparagraph shall
terminate on September 30, 2000, unless further authorized by
an Act of Congress.
``(iii) This subparagraph shall take effect, with respect
to any project described in clause (1) that was not authorized
to be commenced before the date of the enactment of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996, 30
days after submission of a written plan by the Attorney General
detailing the proposed implementation of such project.
``(iv) The Attorney General shall prepare and submit on a
quarterly basis, until September 30, 2000, a status report on
each land border inspection project implemented under this
subparagraph.
``(B) The Attorney General, in consultation with the
Secretary of the Treasury, may conduct pilot projects to
demonstrate the use of designated ports of entry after working
hours through the use of card reading machines or other
appropriate technology.''; and
(2) by striking paragraph (5).
(b) Conforming amendment.--The Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies
Appropriation Act, 1994 (Public Law 103-121, 107 Stat. 1161) is
amended by striking the fourth proviso under the heading
``Immigration and Naturalization Service, Salaries and
Expenses''.
SEC. 123. PREINSPECTION AT FOREIGN AIRPORTS.
(a) In General.--The Immigration and Nationality Act is
amended by inserting after section 235 the following:
``preinspection at foreign airports
``Sec. 235A. (a) Establishment of Preinspection Stations.--
``(1) New stations.--Subject to paragraph (5), not
later than October 31, 1998, the Attorney General, in
consultation with the Secretary of State, shall
establish and maintain preinspection stations in at
least 5 of the foreign airports that are among the 10
foreign airports which the Attorney General identifies
as serving as last points of departure for the greatest
numbers of inadmissible alien passengers who arrive
from abroad by air at ports of entry within the United
States. Such preinspection stations shall be in
addition to any preinspection stations established
prior to the date of the enactment of such Act.
``(2) Report.--Not later than October 31, 1998, the
Attorney General shall report to the Committees on the
Judiciary of the House of Representatives and of the
Senate on the implementation of paragraph (1).
``(3) Data collection.--Not later than November 1,
1997, and each subsequent November 1, the Attorney
General shall compile data identifying--
``(A) the foreign airports which served as
last points of departure for aliens who arrived
by air at United States ports of entry without
valid documentation during the preceding fiscal
years;
``(B) the number and nationality of such
aliens arriving from each such foreign airport;
and
``(C) the primary routes such aliens
followed from their country of origin to the
United States.
``(4) Additional stations.--Subject to paragraph
(5), not later than October 31, 2000, the Attorney
General, in consultation with the Secretary of State,
shall establish preinspection stations in at least 5
additional foreign airports which the Attorney General,
in consultation with the Secretary of State,
determines, based on the data compiled under paragraph
(3) and such other information as may be available,
would most effectively reduce the number of aliens who
arrive from abroad by air at points of entry within the
United States who are inadmissible to the United
States. Such preinspection stations shall be in
addition to those established prior to the date of the
enactment of such Act or pursuant to paragraph (1).
``(5) Conditions.--Prior to the establishment of a
preinspection station, the Attorney General, in
consultation with the Secretary of State, shall ensure
that--
``(A) employees of the United States
stationed at the preinspection station and
their accompanying family members will receive
appropriate protection;
``(B) such employees and their families
will not be subject to unreasonable risks to
their welfare and safety; and
``(C) the country in which the
preinspection station is to be established
maintains practices and procedures with respect
to asylum seekers and refugees in accordance
with the Convention Relating to the Status of
Refugees (done at Geneva, July 28, 1951), or
the Protocol Relating to the Status of Refugees
(done at New York, January 31, 1967), or that
an alien in the country otherwise has recourse
to avenues of protection from return to
persecution.
``(b) Establishment of Carrier Consultant Program.--The
Attorney General shall assign additional immigration officers
to assist air carriers in the detection of fraudulent documents
at foreign airports which, based on the records maintained
pursuant to subsection (a)(3), served as a point of departure
for a significant number of arrivals at United States ports of
entry without valid documentation, but where no preinspection
station exists.''.
(b) Clerical Amendment.--The table of contents is amended
by inserting after the item relating to section 235 the
following:
``Sec. 235A. Preinspection at foreign airports.''.
SEC. 124. TRAINING OF AIRLINE PERSONNEL IN DETECTION OF FRAUDULENT
DOCUMENTS.
(a) Use of Funds.--
(1) In general.--Section 286(h)(2)(A) (8 U.S.C.
1356(h)(2)(A)) is amended--
(A) in clause (iv), by inserting ``,
including training of, and technical assistance
to, commercial airline personnel regarding such
detection'' after ``United States''; and
(B) by adding at the end the following:
``The Attorney General shall provide for expenditures for
training and assistance described in clause (iv) in an amount,
for any fiscal year, not less than 5 percent of the total of
the expenses incurred that are described in the previous
sentence.''.
(2) Applicability.--The amendments made by
paragraph (1) shall apply to expenses incurred during
or after fiscal year 1997.
(b) Compliance With Detection Regulations.--
(1) In general.--Section 212(f) (8 U.S.C. 1182(f))
is amended by adding at the end the following:
``Whenever the Attorney General finds that a commercial
airline has failed to comply with regulations of the
Attorney General relating to requirements of airlines
for the detection of fraudulent documents used by
passengers traveling to the United States (including
the training of personnel in such detection), the
Attorney General may suspend the entry of some or all
aliens transported to the United States by such
airline.''.
(2) Deadline.--The Attorney General shall first
issue, in proposed form, regulations referred to in the
second sentence of section 212(f) of the Immigration
and Nationality Act, as added by the amendment made by
paragraph (1), not later than 90 days after the date of
the enactment of this Act.
SEC. 125. PRECLEARANCE AUTHORITY.
Section 103(a) of the Immigration and Nationality Act (8
U.S.C. 1103(a)) is amended by adding at the end the following:
``After consultation with the Secretary of State, the Attorney
General may authorize officers of a foreign country to be
stationed at preclearance facilities in the United States for
the purpose of ensuring that persons traveling from or through
the United States to that foreign country comply with that
country's immigration and related laws. Those officers may
exercise such authority and perform such duties as United
States immigration officers are authorized to exercise and
perform in that foreign country under reciprocal agreement, and
they shall enjoy such reasonable privileges and immunities
necessary for the performance of their duties as the government
of their country extends to United States immigration
officers.''.
Subtitle C--Interior Enforcement
SEC. 131. AUTHORIZATION OF APPROPRIATIONS FOR INCREASE IN NUMBER OF
CERTAIN INVESTIGATORS.
(a) Authorization.--There are authorized to be appropriated
such funds as may be necessary to enable the Commissioner of
Immigration and Naturalization to increase the number of
investigators and support personnel to investigate potential
violations of sections 274 and 274A of the Immigration and
Nationality Act by a number equivalent to 300 full-time active-
duty investigators in each of fiscal years 1997, 1998, and
1999.
(b) Allocation of Investigators.--At least one-half of the
investigators hired with funds made available under subsection
(a) shall be assigned to investigate potential violations of
section 274A of the Immigration and Nationality Act.
(c) Limitation on Overtime.--None of the funds made
available under subsection (a) shall be available for
administrative expenses to pay any employee overtime pay in an
amount in excess of $25,000 for any fiscal year.
SEC. 132. AUTHORIZATION OF APPROPRIATIONS FOR INCREASE IN NUMBER OF
INVESTIGATORS OF VISA OVERSTAYERS.
There are authorized to be appropriated such funds as may
be necessary to enable the Commissioner of Immigration and
Naturalization to increase the number of investigators and
support personnel to investigate visa overstayers by a number
equivalent to 300 full-time active-duty investigators in fiscal
year 1997.
SEC. 133. ACCEPTANCE OF STATE SERVICES TO CARRY OUT IMMIGRATION
ENFORCEMENT.
Section 287 (8 U.S.C. 1357) is amended by adding at the end
the following:
``(g)(1) Notwithstanding section 1342 of title 31, United
States Code, the Attorney General may enter into a written
agreement with a State, or any political subdivision of a
State, pursuant to which an officer or employee of the State or
subdivision, who is determined by the Attorney General to be
qualified to perform a function of an immigration officer in
relation to the investigation, apprehension, or detention of
aliens in the United States (including the transportation of
such aliens across State lines to detention centers), may carry
out such function at the expense of the State or political
subdivision and to the extent consistent with State and local
law.
``(2) An agreement under this subsection shall require that
an officer or employee of a State or political subdivision of a
State performing a function under the agreement shall have
knowledge of, and adhere to, Federal law relating to the
function, and shall contain a written certification that the
officers or employees performing the function under the
agreement have received adequate training regarding the
enforcement of relevant Federal immigration laws.
``(3) In performing a function under this subsection, an
officer or employee of a State or political subdivision of a
State shall be subject to the direction and supervision of the
Attorney General.
``(4) In performing a function under this subsection, an
officer or employee of a State or political subdivision of a
State may use Federal property or facilities, as provided in a
written agreement between the Attorney General and the State or
subdivision.
``(5) With respect to each officer or employee of a State
or political subdivision who is authorized to perform a
function under this subsection, the specific powers and duties
that may be, or are required to be, exercised or performed by
the individual, the duration of the authority of the
individual, and the position of the agency of the Attorney
General who is required to supervise and direct the individual,
shall be set forth in a written agreement between the Attorney
General and the State or political subdivision.
``(6) The Attorney General may not accept a service under
this subsection if the service will be used to displace any
Federal employee.
``(7) Except as provided in paragraph (8), an officer or
employee of a State or political subdivision of a State
performing functions under this subsection shall not be treated
as a Federal employee for any purpose other than for purposes
of chapter 81 of title 5, United States Code, (relating to
compensation for injury) and sections 2671 through 2680 of
title 28, United States Code (relating to tort claims).
``(8) An officer or employee of a State or political
subdivision of a State acting under color of authority under
this subsection, or any agreement entered into under this
subsection, shall be considered to be acting under color of
Federal authority for purposes of determining the liability,
and immunity from suit, of the officer or employee in a civil
action brought under Federal or State law.
``(9) Nothing in this subsection shall be construed to
require any State or political subdivision of a State to enter
into an agreement with the Attorney General under this
subsection.
``(10) Nothing in this subsection shall be construed to
require an agreement under this subsection in order for any
officer or employee of a State or political subdivision of a
State--
``(A) to communicate with the Attorney General
regarding the immigration status of any individual,
including reporting knowledge that a particular alien
is not lawfully present in the United States; or
``(B) otherwise to cooperate with the Attorney
General in the identification, apprehension, detention,
or removal of aliens not lawfully present in the United
States.''.
SEC. 134. MINIMUM STATE INS PRESENCE.
(a) In General.--Section 103 (8 U.S.C. 1103), as amended by
section 102(e), is further amended by adding at the end the
following:
``(f) The Attorney General shall allocate to each State not
fewer than 10 full-time active duty agents of the Immigration
and Naturalization Service to carry out the functions of the
Service, in order to ensure the effective enforcement of this
Act.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect 90 days after the date of the enactment of
this Act.
TITLE II--ENHANCED ENFORCEMENT AND PENALTIES AGAINST ALIEN SMUGGLING;
DOCUMENT FRAUD
Subtitle A--Enhanced Enforcement and Penalties Against Alien Smuggling
SEC. 201. WIRETAP AUTHORITY FOR INVESTIGATIONS OF ALIEN SMUGGLING OR
DOCUMENT FRAUD.
Section 2516(1) of title 18, United States Code, is
amended--
(1) in paragraph (c), by striking ``or section 1992
(relating to wrecking trains)'' and inserting ``section
1992 (relating to wrecking trains), a felony violation
of section 1028 (relating to production of false
identification documentation), section 1425 (relating
to the procurement of citizenship or nationalization
unlawfully), section 1426 (relating to the reproduction
of naturalization or citizenship papers), section 1427
(relating to the sale of naturalization or citizenship
papers), section 1541 (relating to passport issuance
without authority), section 1542 (relating to false
statements in passport applications), section 1543
(relating to forgery or false use of passports),
section 1544 (relating to misuse of passports), or
section 1546 (relating to fraud and misuse of visas,
permits, and other documents)'';
(2) by striking ``or'' at the end of paragraph (l);
(3) by redesignating paragraphs (m), (n), and (o)
as paragraphs (n), (o), and (p), respectively; and
(4) by inserting after paragraph (l) the following
new paragraph:
``(m) a violation of section 274, 277, or 278 of
the Immigration and Nationality Act (8 U.S.C. 1324,
1327, or 1328) (relating to the smuggling of
aliens);''.
SEC. 202. RACKETEERING OFFENSES RELATING TO ALIEN SMUGGLING.
Section 1961(1) of title 18, United States Code, as amended
by section 433 of Public Law 104-132, is amended--
(1) by striking ``if the act indictable under
section 1028 was committed for the purpose of financial
gain'';
(2) by inserting ``section 1425 (relating to the
procurement of citizenship or nationalization
unlawfully), section 1426 (relating to the reproduction
of naturalization or citizenship papers), section 1427
(relating to the sale of naturalization or citizenship
papers),'' after ``section 1344 (relating to financial
institution fraud),'';
(3) by striking ``if the act indictable under
section 1542 was committed for the purpose of financial
gain'';
(4) by striking ``if the act indictable under
section 1543 was committed for the purpose of financial
gain'';
(5) by striking ``if the act indictable under
section 1544 was committed for the purpose of financial
gain''; and
(6) by striking ``if the act indictable under
section 1546 was committed for the purpose of financial
gain''.
SEC. 203. INCREASED CRIMINAL PENALTIES FOR ALIEN SMUGGLING.
(a) Commercial Advantage.--Section 274(a)(1)(B)(i) (8
U.S.C. 1324(a)(1)(B)(i)) is amended by inserting ``or in the
case of a violation of subparagraph (A) (ii), (iii), or (iv) in
which the offense was done for the purpose of commercial
advantage or private financial gain'' after ``subparagraph
(A)(i)''.
(b) Additional Offenses.--Section 274(a) (8 U.S.C. 1324(a))
is amended--
(1) in paragraph (1)(A)--
(A) by striking ``or'' at the end of clause
(iii);
(B) by striking the comma at the end of
clause (iv) and inserting ``; or''; and
(C) by adding at the end the following new
clause:
``(v)(I) engages in any conspiracy to commit any of
the preceding acts, or
``(II) aids or abets the commission of any of the
preceding acts,'';
(2) in paragraph (1)(B)--
(A) in clause (i), by inserting ``or
(v)(I)'' after ``(A)(i)'';
(B) in clause (ii), by striking ``or (iv)''
and inserting ``(iv), or (v)(II)'';
(C) in clause (iii), by striking ``or
(iv)'' and inserting ``(iv), or (v)''; and
(D) in clause (iv), by striking ``or (iv)''
and inserting ``(iv), or (v)'';
(3) in paragraph (2)(B), by striking ``be fined''
and all that follows and inserting the following: ``be
fined under title 18, United States Code, and shall be
imprisoned, in the case of a first or second violation
of subparagraph (B)(iii), not more than 10 years, in
the case of a first or second violation of subparagraph
(B)(i) or (B)(ii), not less than 3 nor more than 10
years, and for any other violation, not less than 5 nor
more than 15 years.''; and
(4) by adding at the end the following new
paragraph:
``(3)(A) Any person who, during any 12-month period,
knowingly hires for employment at least 10 individuals with
actual knowledge that the individuals are aliens described in
subparagraph (B) shall be fined under title 18, United States
Code, or imprisoned for not more than 5 years, or both.
``(B) An alien described in this subparagraph is an alien
who--
``(i) is an unauthorized alien (as defined in
section 274A(h)(3)), and
``(ii) has been brought into the United States in
violation of this subsection.''.
(c) Smuggling of Aliens Who Will Commit Crimes.--Clause (i)
of section 274(a)(2)(B) (8 U.S.C. 1324(a)(2)(B)) is amended to
read as follows:
``(i) an offense committed with the intent
or with reason to believe that the alien
unlawfully brought into the United States will
commit an offense against the United States or
any State punishable by imprisonment for more
than 1 year,''.
(d) Applying Certain Penalties on a Per Alien Basis.--
Section 274(a)(2) (8 U.S.C. 1324(a)(2)) is amended by striking
``for each transaction constituting a violation of this
paragraph, regardless of the number of aliens involved'' and
inserting ``for each alien in respect to whom a violation of
this paragraph occurs''.
(e) Sentencing Guidelines.--
(1) In general.--Pursuant to its authority under
section 994(p) of title 28, United States Code, the
United States Sentencing Commission shall promulgate
sentencing guidelines or amend existing sentencing
guidelines for offenders convicted of offenses related
to smuggling, transporting, harboring, or inducing
aliens in violation of section 274(a) (1)(A) or (2) of
the Immigration and Nationality Act (8 U.S.C.
1324(a)(1)(A), (2)(B)) in accordance with this
subsection.
(2) Requirements.--In carrying out this subsection,
the Commission shall, with respect to the offenses
described in paragraph (1)--
(A) increase the base offense level for
such offenses at least 3 offense levels above
the applicable level in effect on the date of
the enactment of this Act;
(B) review the sentencing enhancement for
the number of aliens involved (U.S.S.G.
2L1.1(b)(2)), and increase the sentencing
enhancement by at least 50 percent above the
applicable enhancement in effect on the date of
the enactment of this Act;
(C) impose an appropriate sentencing
enhancement upon an offender with 1 prior
felony conviction arising out of a separate and
prior prosecution for an offense that involved
the same or similar underlying conduct as the
current offense, to be applied in addition to
any sentencing enhancement that would otherwise
apply pursuant to the calculation of the
defendant's criminal history category;
(D) impose an additional appropriate
sentencing enhancement upon an offender with 2
or more prior felony convictions arising out of
separate and prior prosecutions for offenses
that involved the same or similar underling
conduct as the current offense, to be applied
in addition to any sentencing enhancement that
would otherwise apply pursuant to the
calculation of the defendant's criminal history
category;
(E) impose an appropriate sentencing
enhancement on a defendant who, in the course
of committing an offense described in this
subsection--
(i) murders or otherwise causes
death, bodily injury, or serious bodily
injury to an individual;
(ii) uses or brandishes a firearm
or other dangerous weapon; or
(iii) engages in conduct that
consciously or recklessly places
another in serious danger of death or
serious bodily injury;
(F) consider whether a downward adjustment
is appropriate if the offense is a first
offense and involves the smuggling only of the
alien's spouse or child; and
(G) consider whether any other aggravating
or mitigating circumstances warrant upward or
downward sentencing adjustments.
(3) Emergency authority to sentencing commission.--
The Commission shall promulgate the guidelines or
amendments provided for under this subsection as soon
as practicable in accordance with the procedure set
forth in section 21(a) of the Sentencing Act of 1987,
as though the authority under that Act had not expired.
(f) Effective Date.--This section and the amendments made
by this section shall apply with respect to offenses occurring
on or after the date of the enactment of this Act.
SEC. 204. INCREASED NUMBER OF ASSISTANT UNITED STATES ATTORNEYS.
(a) In General.--The number of Assistant United States
Attorneys employed by the Department of Justice for the fiscal
year 1997 shall be increased by at least 25 above the number of
Assistant United States Attorneys that were authorized to be
employed as of September 30, 1996.
(b) Assignment.--Individuals employed to fill the
additional positions described in subsection (a) shall
prosecute persons who bring into the United States or harbor
illegal aliens or violate other criminal statutes involving
illegal aliens.
SEC. 205. UNDERCOVER INVESTIGATION AUTHORITY.
(a) In General.--Title II is amended by adding at the end
the following new section:
``undercover investigation authority
``Sec. 294. (a) In General.--With respect to any undercover
investigative operation of the Service which is necessary for
the detection and prosecution of crimes against the United
States--
``(1) sums appropriated for the Service may be used
for leasing space within the United States and the
territories and possessions of the United States
without regard to the following provisions of law:
``(A) section 3679(a) of the Revised
Statutes (31 U.S.C. 1341),
``(B) section 3732(a) of the Revised
Statutes (41 U.S.C. 11(a)),
``(C) section 305 of the Act of June 30,
1949 (63 Stat. 396; 41 U.S.C. 255),
``(D) the third undesignated paragraph
under the heading `Miscellaneous' of the Act of
March 3, 1877 (19 Stat. 370; 40 U.S.C. 34),
``(E) section 3648 of the Revised Statutes
(31 U.S.C. 3324),
``(F) section 3741 of the Revised Statutes
(41 U.S.C. 22), and
``(G) subsections (a) and (c) of section
304 of the Federal Property and Administrative
Services Act of 1949 (63 Stat. 395; 41 U.S.C.
254 (a) and (c));
``(2) sums appropriated for the Service may be used
to establish or to acquire proprietary corporations or
business entities as part of an undercover operation,
and to operate such corporations or business entities
on a commercial basis, without regard to the provisions
of section 304 of the Government Corporation Control
Act (31 U.S.C. 9102);
``(3) sums appropriated for the Service, and the
proceeds from the undercover operation, may be
deposited in banks or other financial institutions
without regard to the provisions of section 648 of
title 18, United States Code, and of section 3639 of
the Revised Statutes (31 U.S.C. 3302); and
``(4) the proceeds from the undercover operation
may be used to offset necessary and reasonable expenses
incurred in such operation without regard to the
provisions of section 3617 of the Revised Statutes (31
U.S.C. 3302).
The authority set forth in this subsection may be exercised
only upon written certification of the Commissioner, in
consultation with the Deputy Attorney General, that any action
authorized by paragraph (1), (2), (3), or (4) is necessary for
the conduct of the undercover operation.
``(b) Disposition of Proceeds No Longer Required.--As soon
as practicable after the proceeds from an undercover
investigative operation, carried out under paragraphs (3) and
(4) of subsection (a), are no longer necessary for the conduct
of the operation, the proceeds or the balance of the proceeds
remaining at the time shall be deposited into the Treasury of
the United States as miscellaneous receipts.
``(c) Disposition of Certain Corporations and Business
Entities.--If a corporation or business entity established or
acquired as part of an undercover operation under paragraph (2)
of subsection (a) with a net value of over $50,000 is to be
liquidated, sold, or otherwise disposed of, the Service, as
much in advance as the Commissioner or Commissioner's designee
determines practicable, shall report the circumstances to the
Attorney General, the Director of the Office of Management and
Budget, and the Comptroller General. The proceeds of the
liquidation, sale, or other disposition, after obligations are
met, shall be deposited in the Treasury of the United States as
miscellaneous receipts.
``(d) Financial Audits.--The Service shall conduct detailed
financial audits of closed undercover operations on a quarterly
basis and shall report the results of the audits in writing to
the Deputy Attorney General.''.
(b) Clerical Amendment.--The table of contents is amended
by inserting after the item relating to section 293 the
following:
``Sec. 294. Undercover investigation authority.''.
Subtitle B--Deterrence of Document Fraud
SEC. 211. INCREASED CRIMINAL PENALTIES FOR FRAUDULENT USE OF
GOVERNMENT-ISSUED DOCUMENTS.
(a) Fraud and Misuse of Government-Issued Identification
Documents.--(1) Section 1028(b) of title 18, United States
Code, is amended--
(A) in paragraph (1), by inserting ``except as
provided in paragraphs (3) and (4),'' after ``(1)'' and
by striking ``five years'' and inserting ``15 years'';
(B) in paragraph (2), by inserting ``except as
provided in paragraphs (3) and (4),'' after ``(2)'' and
by striking ``and'' at the end;
(C) by redesignating paragraph (3) as paragraph
(5); and
(D) by inserting after paragraph (2) the following
new paragraphs:
``(3) a fine under this title or imprisonment for
not more than 20 years, or both, if the offense is
committed to facilitate a drug trafficking crime (as
defined in section 929(a)(2) of this title);
``(4) a fine under this title or imprisonment for
not more than 25 years, or both, if the offense is
committed to facilitate an act of international
terrorism (as defined in section 2331(1) of this
title); and''.
(2) Sections 1425 through 1427, sections 1541 through 1544,
and section 1546(a) of title 18, United States Code, are each
amended by striking ``imprisoned not more'' and all that
follows through ``years'' each place it appears and inserting
the following: ``imprisoned not more than 25 years (if the
offense was committed to facilitate an act of international
terrorism (as defined in section 2331 of this title)), 20 years
(if the offense was committed to facilitate a drug trafficking
crime (as defined in section 929(a) of this title)), 10 years
(in the case of the first or second such offense, if the
offense was not committed to facilitate such an act of
international terrorism or a drug trafficking crime), or 15
years (in the case of any other offense)''.
(b) Changes to the Sentencing Levels.--
(1) In general.--Pursuant to the Commission's
authority under section 994(p) of title 28, United
States Code, the United States Sentencing Commission
shall promulgate sentencing guidelines or amend
existing sentencing guidelines for offenders convicted
of violating, or conspiring to violate, sections
1028(b)(1), 1425 through 1427, 1541 through 1544, and
1546(a) of title 18, United States Code, in accordance
with this subsection.
(2) Requirements.--In carrying out this subsection,
the Commission shall, with respect to the offenses
referred to in paragraph (1)--
(A) increase the base offense level for
such offenses at least 2 offense levels above
the level in effect on the date of the
enactment of this Act;
(B) review the sentencing enhancement for
number of documents or passports involved
(U.S.S.G. 2L2.1(b)(2)), and increase the upward
adjustment by at least 50 percent above the
applicable enhancement in effect on the date of
the enactment of this Act;
(C) impose an appropriate sentencing
enhancement upon an offender with 1 prior
felony conviction arising out of a separate and
prior prosecution for an offense that involved
the same or similar underlying conduct as the
current offense, to be applied in addition to
any sentencing enhancement that would otherwise
apply pursuant to the calculation of the
defendant's criminal history category;
(D) impose an additional appropriate
sentencing enhancement upon an offender with 2
or more prior felony convictions arising out of
separate and prior prosecutions for offenses
that involved the same or similar underlying
conduct as the current offense, to be applied
in addition to any sentencing enhancement that
would otherwise apply pursuant to the
calculation of the defendant's criminal history
category; and
(E) consider whether any other aggravating
or mitigating circumstances warrant upward or
downward sentencing adjustments.
(3) Emergency authority to sentencing commission.--
The Commission shall promulgate the guidelines or
amendments provided for under this subsection as soon
as practicable in accordance with the procedure set
forth in section 21(a) of the Sentencing Act of 1987,
as though the authority under that Act had not expired.
(c) Effective Date.--This section and the amendments made
by this section shall apply with respect to offenses occurring
on or after the date of the enactment of this Act.
SEC. 212. NEW DOCUMENT FRAUD OFFENSES; NEW CIVIL PENALTIES FOR DOCUMENT
FRAUD.
(a) Activities Prohibited.--Section 274C(a) (8 U.S.C.
1324c(a)) is amended--
(1) in paragraph (1), by inserting before the comma
at the end the following: ``or to obtain a benefit
under this Act'';
(2) in paragraph (2), by inserting before the comma
at the end the following: ``or to obtain a benefit
under this Act'';
(3) in paragraph (3)--
(A) by inserting ``or with respect to''
after ``issued to'';
(B) by adding before the comma at the end
the following: ``or obtaining a benefit under
this Act''; and
(C) by striking ``or'' at the end;
(4) in paragraph (4)--
(A) by inserting ``or with respect to''
after ``issued to'';
(B) by adding before the period at the end
the following: ``or obtaining a benefit under
this Act''; and
(C) by striking the period at the end and
inserting ``, or''; and
(5) by adding at the end the following new
paragraphs:
``(5) to prepare, file, or assist another in
preparing or filing, any application for benefits under
this Act, or any document required under this Act, or
any document submitted in connection with such
application or document, with knowledge or in reckless
disregard of the fact that such application or document
was falsely made or, in whole or in part, does not
relate to the person on whose behalf it was or is being
submitted, or
``(6)(A) to present before boarding a common
carrier for the purpose of coming to the United States
a document which relates to the alien's eligibility to
enter the United States, and (B) to fail to present
such document to an immigration officer upon arrival at
a United States port of entry.''.
(b) Definition of Falsely Make.--Section 274C (8 U.S.C.
1324c), as amended by section 213, is further amended by adding
at the end the following new subsection:
``(f) Falsely Make.--For purposes of this section, the term
`falsely make' means to prepare or provide an application or
document, with knowledge or in reckless disregard of the fact
that the application or document contains a false, fictitious,
or fraudulent statement or material representation, or has no
basis in law or fact, or otherwise fails to state a fact which
is material to the purpose for which it was submitted.''.
(c) Conforming Amendment.--Section 274C(d)(3) (8 U.S.C.
1324c(d)(3)) is amended by striking ``each document used,
accepted, or created and each instance of use, acceptance, or
creation'' each place it appears and inserting ``each document
that is the subject of a violation under subsection (a)''.
(d) Waiver by Attorney General.--Section 274C(d) (8 U.S.C.
1324c(d)) is amended by adding at the end the following new
paragraph:
``(7) Waiver by attorney general.--The Attorney
General may waive the penalties imposed by this section
with respect to an alien who knowingly violates
subsection (a)(6) if the alien is granted asylum under
section 208 or withholding of deportation under section
243(h).''.
(e) Effective Date.--Section 274C(f) of the Immigration and
Nationality Act, as added by subsection (b), applies to the
preparation of applications before, on, or after the date of
the enactment of this Act.
SEC. 213. NEW CRIMINAL PENALTIES FOR FAILURE TO DISCLOSE ROLE AS
PREPARER OF FALSE APPLICATION FOR IMMIGRATION
BENEFITS.
Section 274C (8 U.S.C. 1324c) is amended by adding at the
end the following new subsection:
``(e) Criminal Penalties for Failure To Disclose Role as
Document Preparer.--(1) Whoever, in any matter within the
jurisdiction of the Service, knowingly and willfully fails to
disclose, conceals, or covers up the fact that they have, on
behalf of any person and for a fee or other remuneration,
prepared or assisted in preparing an application which was
falsely made (as defined in subsection (f)) for immigration
benefits, shall be fined in accordance with title 18, United
States Code, imprisoned for not more than 5 years, or both, and
prohibited from preparing or assisting in preparing, whether or
not for a fee or other remuneration, any other such
application.
``(2) Whoever, having been convicted of a violation of
paragraph (1), knowingly and willfully prepares or assists in
preparing an application for immigration benefits pursuant to
this Act, or the regulations promulgated thereunder, whether or
not for a fee or other remuneration and regardless of whether
in any matter within the jurisdiction of the Service, shall be
fined in accordance with title 18, United States Code,
imprisoned for not more than 15 years, or both, and prohibited
from preparing or assisting in preparing any other such
application.''.
SEC. 214. CRIMINAL PENALTY FOR KNOWINGLY PRESENTING DOCUMENT WHICH
FAILS TO CONTAIN REASONABLE BASIS IN LAW OR FACT.
The fourth paragraph of section 1546(a) of title 18, United
States Code, is amended by striking ``containing any such false
statement'' and inserting ``which contains any such false
statement or which fails to contain any reasonable basis in law
or fact''.
SEC. 215. CRIMINAL PENALTY FOR FALSE CLAIM TO CITIZENSHIP.
Section 1015 of title 18, United States Code, is amended--
(1) by striking the dash at the end of paragraph
(d) and inserting ``; or'', and
(2) by inserting after paragraph (d) the following:
``(e) Whoever knowingly makes any false statement or claim
that he is, or at any time has been, a citizen or national of
the United States, with the intent to obtain on behalf of
himself, or any other person, any Federal or State benefit or
service, or to engage unlawfully in employment in the United
States; or
``(f) Whoever knowingly makes any false statement or claim
that he is a citizen of the United States in order to register
to vote or to vote in any Federal, State, or local election
(including an initiative, recall, or referendum)--''.
SEC. 216. CRIMINAL PENALTY FOR VOTING BY ALIENS IN FEDERAL ELECTION.
(a) In General.--Title 18, United States Code, is amended
by inserting after section 610 the following:
``Sec. 611. Voting by aliens
``(a) It shall be unlawful for any alien to vote in any
election held solely or in part for the purpose of electing a
candidate for the office of President, Vice President,
Presidential elector, Member of the Senate, Member of the House
of Representatives, Delegate from the District of Columbia, or
Resident Commissioner, unless--
``(1) the election is held partly for some other
purpose;
``(2) aliens are authorized to vote for such other
purpose under a State constitution or statute or a
local ordinance; and
``(3) voting for such other purpose is conducted
independently of voting for a candidate for such
Federal offices, in such a manner that an alien has the
opportunity to vote for such other purpose, but not an
opportunity to vote for a candidate for any one or more
of such Federal offices.
``(b) Any person who violates this section shall be fined
under this title, imprisoned not more than one year, or
both.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 29 of title 18, United States Code, is
amended by inserting after the item relating to section 610 the
following new item:
``611. Voting by aliens.''.
SEC. 217. CRIMINAL FORFEITURE FOR PASSPORT AND VISA RELATED OFFENSES.
Section 982(a) of title 18, United States Code, is amended
by inserting after paragraph (5) the following new paragraph:
``(6)(A) The court, in imposing sentence on a person
convicted of a violation of, or conspiracy to violate, section
1425, 1426, 1427, 1541, 1542, 1543, 1544, or 1546 of this
title, or a violation of, or conspiracy to violate, section
1028 of this title if committed in connection with passport or
visa issuance or use, shall order that the person forfeit to
the United States, regardless of any provision of State law--
``(i) any conveyance, including any vessel,
vehicle, or aircraft used in the commission of a
violation of, or a conspiracy to violate, subsection
(a); and
``(ii) any property real or personal--
``(I) that constitutes, or is derived from
or is traceable to the proceeds obtained
directly or indirectly from the commission of a
violation of, or a conspiracy to violate,
subsection (a), section 274A(a)(1) or
274A(a)(2) of the Immigration and Nationality
Act, or section 1028, 1425, 1426, 1427, 1541,
1542, 1543, 1544, or 1546 of this title; or
``(II) that is used to facilitate, or is
intended to be used to facilitate, the
commission of a violation of, or a conspiracy
to violate, subsection (a), section 274A(a)(1)
or 274A(a)(2) of the Immigration and
Nationality Act, or section 1028, 1425, 1426,
1427, 1541, 1542, 1543, 1544, or 1546 of this
title.
The court, in imposing sentence on such person, shall order
that the person forfeit to the United States all property
described in this subparagraph.
``(B) The criminal forfeiture of property under
subparagraph (A), including any seizure and disposition of the
property and any related administrative or judicial proceeding,
shall be governed by the provisions of section 413 of the
Comprehensive Drug Abuse Prevention and Control Act of 1970 (21
U.S.C. 853), other than subsections (a) and (d) of such section
413.''.
SEC. 218. CRIMINAL PENALTIES FOR INVOLUNTARY SERVITUDE.
(a) Amendments to Title 18.--Sections 1581, 1583, 1584, and
1588 of title 18, United States Code, are amended by striking
``five'' each place it appears and inserting ``10''.
(b) Review of Sentencing Guidelines.--The United States
Sentencing Commission shall ascertain whether there exists an
unwarranted disparity--
(1) between the sentences for peonage, involuntary
servitude, and slave trade offenses, and the sentences
for kidnapping offenses in effect on the date of the
enactment of this Act; and
(2) between the sentences for peonage, involuntary
servitude, and slave trade offenses, and the sentences
for alien smuggling offenses in effect on the date of
the enactment of this Act and after the amendment made
by subsection (a).
(c) Amendment of Sentencing Guidelines.--
(1) In general.--Pursuant to its authority under
section 994(p) of title 28, United States Code, the
United States Sentencing Commission shall review its
guidelines on sentencing for peonage, involuntary
servitude, and slave trade offenses under sections 1581
through 1588 of title 18, United States Code, and shall
amend such guidelines as necessary to--
(A) reduce or eliminate any unwarranted
disparity found under subsection (b) that
exists between the sentences for peonage,
involuntary servitude, and slave trade
offenses, and the sentences for kidnapping
offenses and alien smuggling offenses;
(B) ensure that the applicable guidelines
for defendants convicted of peonage,
involuntary servitude, and slave trade offenses
are sufficiently stringent to deter such
offenses and adequately reflect the heinous
nature of such offenses; and
(C) ensure that the guidelines reflect the
general appropriateness of enhanced sentences
for defendants whose peonage, involuntary
servitude, or slave trade offenses involve--
(i) a large number of victims;
(ii) the use or threatened use of a
dangerous weapon; or
(iii) a prolonged period of peonage
or involuntary servitude.
(2) Emergency authority to sentencing commission.--
The Commission shall promulgate the guidelines or
amendments provided for under this subsection as soon
as practicable in accordance with the procedure set
forth in section 21(a) of the Sentencing Act of 1987,
as though the authority under that Act had not expired.
(d) Effective Date.--This section and the amendments made
by this section shall apply with respect to offenses occurring
on or after the date of the enactment of this Act.
SEC. 219. ADMISSIBILITY OF VIDEOTAPED WITNESS TESTIMONY.
Section 274 (8 U.S.C. 1324) is amended by adding at the end
thereof the following new subsection:
``(d) Notwithstanding any provision of the Federal Rules of
Evidence, the videotaped (or otherwise audiovisually preserved)
deposition of a witness to a violation of subsection (a) who
has been deported or otherwise expelled from the United States,
or is otherwise unable to testify, may be admitted into
evidence in an action brought for that violation if the witness
was available for cross examination and the deposition
otherwise complies with the Federal Rules of Evidence.''.
SEC. 220. SUBPOENA AUTHORITY IN DOCUMENT FRAUD ENFORCEMENT.
Section 274C(d)(1) (8 U.S.C. 1324c(d)(1)) is amended--
(1) by striking ``and'' at the end of subparagraph
(A);
(2) by striking the period at the end of
subparagraph (B) and inserting ``, and''; and
(3) by inserting after subparagraph (B) the
following:
``(C) immigration officers designated by
the Commissioner may compel by subpoena the
attendance of witnesses and the production of
evidence at any designated place prior to the
filing of a complaint in a case under paragraph
(2).''.
TITLE III--INSPECTION, APPREHENSION, DETENTION, ADJUDICATION, AND
REMOVAL OF INADMISSIBLE AND DEPORTABLE ALIENS
Subtitle A--Revision of Procedures for Removal of Aliens
SEC. 301. TREATING PERSONS PRESENT IN THE UNITED STATES WITHOUT
AUTHORIZATION AS NOT ADMITTED.
(a) ``Admission'' Defined.--Paragraph (13) of section
101(a) (8 U.S.C. 1101(a)) is amended to read as follows:
``(13)(A) The terms `admission' and `admitted' mean, with
respect to an alien, the lawful entry of the alien into the
United States after inspection and authorization by an
immigration officer.
``(B) An alien who is paroled under section 212(d)(5) or
permitted to land temporarily as an alien crewman shall not be
considered to have been admitted.
``(C) An alien lawfully admitted for permanent residence in
the United States shall not be regarded as seeking an admission
into the United States for purposes of the immigration laws
unless the alien--
``(i) has abandoned or relinquished that status,
``(ii) has been absent from the United States for a
continuous period in excess of 180 days,
``(iii) has engaged in illegal activity after
having departed the United States,
``(iv) has departed from the United States while
under legal process seeking removal of the alien from
the United States, including removal proceedings under
this Act and extradition proceedings,
``(v) has committed an offense identified in
section 212(a)(2), unless since such offense the alien
has been granted relief under section 212(h) or
240A(a), or
``(vi) is attempting to enter at a time or place
other than as designated by immigration officers or has
not been admitted to the United States after inspection
and authorization by an immigration officer.''.
(b) Inadmissibility of Aliens Previously Removed and
Unlawfully Present.--
(1) In general.--Section 212(a) (8 U.S.C. 1182(a))
is amended by redesignating paragraph (9) as paragraph
(10) and by inserting after paragraph (8) the following
new paragraph:
``(9) Aliens previously removed.--
``(A) Certain aliens previously removed.--
``(i) Arriving aliens.--Any alien
who has been ordered removed under
section 235(b)(1) or at the end of
proceedings under section 240 initiated
upon the alien's arrival in the United
States and who again seeks admission
within 5 years of the date of such
removal (or within 20 years in the case
of a second or subsequent removal or at
any time in the case of an alien
convicted of an aggravated felony) is
inadmissible.
``(ii) Other aliens.--Any alien not
described in clause (i) who--
``(I) has been ordered
removed under section 240 or
any other provision of law, or
``(II) departed the United
States while an order of
removal was outstanding,
and who seeks admission within 10 years
of the date of such alien's departure
or removal (or within 20 years of such
date in the case of a second or
subsequent removal or at any time in
the case of an alien convicted of an
aggravated felony) is inadmissible.
``(iii) Exception.--Clauses (i) and
(ii) shall not apply to an alien
seeking admission within a period if,
prior to the date of the alien's
reembarkation at a place outside the
United States or attempt to be admitted
from foreign contiguous territory, the
Attorney General has consented to the
alien's reapplying for admission.
``(B) Aliens unlawfully present.--
``(i) In general.--Any alien (other
than an alien lawfully admitted for
permanent residence) who--
``(I) was unlawfully
present in the United States
for a period of more than 180
days but less than 1 year,
voluntarily departed the United
States (whether or not pursuant
to section 244(e)) prior to the
commencement of proceedings
under section 235(b)(1) or
section 240, and again seeks
admission within 3 years of the
date of such alien's departure
or removal, or
``(II) has been unlawfully
present in the United States
for one year or more, and who
again seeks admission within 10
years of the date of such
alien's departure or removal
from the United States,
is inadmissible.
``(ii) Construction of unlawful
presence.--For purposes of this
paragraph, an alien is deemed to be
unlawfully present in the United States
if the alien is present in the United
States after the expiration of the
period of stay authorized by the
Attorney General or is present in the
United States without being admitted or
paroled.
``(iii) Exceptions.--
``(I) Minors.--No period of
time in which an alien is under
18 years of age shall be taken
into account in determining the
period of unlawful presence in
the United States under clause
(i).
``(II) Asylees.--No period
of time in which an alien has a
bona fide application for
asylum pending under section
208 shall be taken into account
in determining the period of
unlawful presence in the United
States under clause (i) unless
the alien during such period
was employed without
authorization in the United
States.
``(III) Family unity.--No
period of time in which the
alien is a beneficiary of
family unity protection
pursuant to section 301 of the
Immigration Act of 1990 shall
be taken into account in
determining the period of
unlawful presence in the United
States under clause (i).
``(IV) Battered women and
children.--Clause (i) shall not
apply to an alien who would be
described in paragraph
(6)(A)(ii) if `violation of the
terms of the alien's
nonimmigrant visa' were
substituted for `unlawful entry
into the United States' in
subclause (III) of that
paragraph.
``(iv) Tolling for good cause.--In
the case of an alien who--
``(I) has been lawfully
admitted or paroled into the
United States,
``(II) has filed a
nonfrivolous application for a
change or extension of status
before the date of expiration
of the period of stay
authorized by the Attorney
General, and
``(III) has not been
employed without authorization
in the United States before or
during the pendency of such
application,
the calculation of the period of time
specified in clause (i)(I) shall be
tolled during the pendency of such
application, but not to exceed 120
days.
``(v) Waiver.--The Attorney General
has sole discretion to waive clause (i)
in the case of an immigrant who is the
spouse or son or daughter of a United
States citizen or of an alien lawfully
admitted for permanent residence, if it
is established to the satisfaction of
the Attorney General that the refusal
of admission to such immigrant alien
would result in extreme hardship to the
citizen or lawfully resident spouse or
parent of such alien. No court shall
have jurisdiction to review a decision
or action by the Attorney General
regarding a waiver under this clause.
``(C) Aliens unlawfully present after
previous immigration violations.--
``(i) In general.--Any alien who--
``(I) has been unlawfully
present in the United States
for an aggregate period of more
than 1 year, or
``(II) has been ordered
removed under section
235(b)(1), section 240, or any
other provision of law,
and who enters or attempts to reenter
the United States without being
admitted is inadmissible.
``(ii) Exception.--Clause (i) shall
not apply to an alien seeking admission
more than 10 years after the date of
the alien's last departure from the
United States if, prior to the alien's
reembarkation at a place outside the
United States or attempt to be
readmitted from a foreign contiguous
territory, the Attorney General has
consented to the alien's reapplying for
admission.''.
(2) Limitation on change of status.--Section 248 (8
U.S.C. 1258) is amended by inserting ``and who is not
inadmissible under section 212(a)(9)(B)(i) (or whose
inadmissibility under such section is waived under
section 212(a)(9)(B)(v))'' after ``maintain that
status''.
(3) Treatment of unlawful presence before effective
date.--In applying section 212(a)(9)(B) of the
Immigration and Nationality Act, as inserted by
paragraph (1), no period before the title III-A
effective date shall be included in a period of
unlawful presence in the United States.
(c) Revision to Ground of Inadmissibility for Illegal
Entrants and Immigration Violators.--
(1) In general.--Subparagraphs (A) and (B) of
section 212(a)(6) (8 U.S.C. 1182(a)(6)) are amended to
read as follows:
``(A) Aliens present without admission or
parole.--
``(i) In general.--An alien present
in the United States without being
admitted or paroled, or who arrives in
the United States at any time or place
other than as designated by the
Attorney General, is inadmissible.
``(ii) Exception for certain
battered women and children.--Clause
(i) shall not apply to an alien who
demonstrates that--
``(I) the alien qualifies
for immigrant status under
subparagraph (A)(iii), (A)(iv),
(B)(ii), or (B)(iii) of section
204(a)(1),
``(II)(a) the alien has
been battered or subjected to
extreme cruelty by a spouse or
parent, or by a member of the
spouse's or parent's family
residing in the same household
as the alien and the spouse or
parent consented or acquiesced
to such battery or cruelty, or
(b) the alien's child has been
battered or subjected to
extreme cruelty by a spouse or
parent of the alien (without
the active participation of the
alien in the battery or
cruelty) or by a member of the
spouse's or parent's family
residing in the same household
as the alien when the spouse or
parent consented to or
acquiesced in such battery or
cruelty and the alien did not
actively participate in such
battery or cruelty, and
``(III) there was a
substantial connection between
the battery or cruelty
described in subclause (I) or
(II) and the alien's unlawful
entry into the United States.
``(B) Failure to attend removal
proceeding.--Any alien who without reasonable
cause fails or refuses to attend or remain in
attendance at a proceeding to determine the
alien's inadmissibility or deportability and
who seeks admission to the United States within
5 years of such alien's subsequent departure or
removal is inadmissible.''.
(2) Transition for battered spouse or child
provision.--The requirements of subclauses (II) and
(III) of section 212(a)(6)(A)(ii) of the Immigration
and Nationality Act, as inserted by paragraph (1),
shall not apply to an alien who demonstrates that the
alien first arrived in the United States before the
title III-A effective date (described in section
309(a)).
(d) Adjustment in Grounds for Deportation.--Section 241 (8
U.S.C. 1251), before redesignation as section 237 by section
305(a)(2), is amended--
(1) in the matter before paragraph (1) of
subsection (a), by striking ``in the United States''
and inserting ``in and admitted to the United States'';
(2) in subsection (a)(1), by striking
``Excludable'' each place it appears and inserting
``Inadmissible'';
(3) in subsection (a)(1)(A), by striking
``excludable'' and inserting ``inadmissible''; and
(4) by amending subparagraph (B) of subsection
(a)(1) to read as follows:
``(B) Present in violation of law.--Any
alien who is present in the United States in
violation of this Act or any other law of the
United States is deportable.
SEC. 302. INSPECTION OF ALIENS; EXPEDITED REMOVAL OF INADMISSIBLE
ARRIVING ALIENS; REFERRAL FOR HEARING (REVISED
SECTION 235).
(a) In General.--Section 235 (8 U.S.C. 1225) is amended to
read as follows:
``inspection by immigration officers; expedited removal of inadmissible
arriving aliens; referral for hearing
``Sec. 235. (a) Inspection.--
``(1) Aliens treated as applicants for admission.--
An alien present in the United States who has not been
admitted or who arrives in the United States (whether
or not at a designated port of arrival and including an
alien who is brought to the United States after having
been interdicted in international or United States
waters) shall be deemed for purposes of this Act an
applicant for admission.
``(2) Stowaways.--An arriving alien who is a
stowaway is not eligible to apply for admission or to
be admitted and shall be ordered removed upon
inspection by an immigration officer. Upon such
inspection if the alien indicates an intention to apply
for asylum under section 208 or a fear of persecution,
the officer shall refer the alien for an interview
under subsection (b)(1)(B). A stowaway may apply for
asylum only if the stowaway is found to have a credible
fear of persecution under subsection (b)(1)(B). In no
case may a stowaway be considered an applicant for
admission or eligible for a hearing under section 240.
``(3) Inspection.--All aliens (including alien
crewmen) who are applicants for admission or otherwise
seeking admission or readmission to or transit through
the United States shall be inspected by immigration
officers.
``(4) Withdrawal of application for admission.--An
alien applying for admission may, in the discretion of
the Attorney General and at any time, be permitted to
withdraw the application for admission and depart
immediately from the United States.
``(5) Statements.--An applicant for admission may
be required to state under oath any information sought
by an immigration officer regarding the purposes and
intentions of the applicant in seeking admission to the
United States, including the applicant's intended
length of stay and whether the applicant intends to
remain permanently or become a United States citizen,
and whether the applicant is inadmissible.
``(b) Inspection of Applicants for Admission.--
``(1) Inspection of aliens arriving in the united
states and certain other aliens who have not been
admitted or paroled.--
``(A) Screening.--
``(i) In general.--If an
immigration officer determines that an
alien (other than an alien described in
subparagraph (F)) who is arriving in
the United States or is described in
clause (iii) is inadmissible under
section 212(a)(6)(C) or 212(a)(7), the
officer shall order the alien removed
from the United States without further
hearing or review unless the alien
indicates either an intention to apply
for asylum under section 208 or a fear
of persecution.
``(ii) Claims for asylum.--If an
immigration officer determines that an
alien (other than an alien described in
subparagraph (F)) who is arriving in
the United States or is described in
clause (iii) is inadmissible under
section 212(a)(6)(C) or 212(a)(7) and
the alien indicates either an intention
to apply for asylum under section 208
or a fear of persecution, the officer
shall refer the alien for an interview
by an asylum officer under subparagraph
(B).
``(iii) Application to certain
other aliens.--
``(I) In general.--The
Attorney General may apply
clauses (i) and (ii) of this
subparagraph to any or all
aliens described in subclause
(II) as designated by the
Attorney General. Such
designation shall be in the
sole and unreviewable
discretion of the Attorney
General and may be modified at
any time.
``(II) Aliens described.--
An alien described in this
clause is an alien who is not
described in subparagraph (F),
who has not been admitted or
paroled into the United States,
and who has not affirmatively
shown, to the satisfaction of
an immigration officer, that
the alien has been physically
present in the United States
continuously for the 2-year
period immediately prior to the
date of the determination of
inadmissibility under this
subparagraph.
``(B) Asylum interviews.--
``(i) Conduct by asylum officers.--
An asylum officer shall conduct
interviews of aliens referred under
subparagraph (A)(ii), either at a port
of entry or at such other place
designated by the Attorney General.
``(ii) Referral of certain
aliens.--If the officer determines at
the time of the interview that an alien
has a credible fear of persecution
(within the meaning of clause (v)), the
alien shall be detained for further
consideration of the application for
asylum.
``(iii) Removal without further
review if no credible fear of
persecution.--
``(I) In general.--Subject
to subclause (III), if the
officer determines that an
alien does not have a credible
fear of persecution, the
officer shall order the alien
removed from the United States
without further hearing or
review.
``(II) Record of
determination.--The officer
shall prepare a written record
of a determination under
subclause (I). Such record
shall include a summary of the
material facts as stated by the
applicant, such additional
facts (if any) relied upon by
the officer, and the officer's
analysis of why, in the light
of such facts, the alien has
not established a credible fear
of persecution. A copy of the
officer's interview notes shall
be attached to the written
summary.
``(III) Review of
determination.--The Attorney
General shall provide by
regulation and upon the alien's
request for prompt review by an
immigration judge of a
determination under subclause
(I) that the alien does not
have a credible fear of
persecution. Such review shall
include an opportunity for the
alien to be heard and
questioned by the immigration
judge, either in person or by
telephonic or video connection.
Review shall be concluded as
expeditiously as possible, to
the maximum extent practicable
within 24 hours, but in no case
later than 7 days after the
date of the determination under
subclause (I).
``(IV) Mandatory
detention.--Any alien subject
to the procedures under this
clause shall be detained
pending a final determination
of credible fear of persecution
and, if found not to have such
a fear, until removed.
``(iv) Information about
interviews.--The Attorney General shall
provide information concerning the
asylum interview described in this
subparagraph to aliens who may be
eligible. An alien who is eligible for
such interview may consult with a
person or persons of the alien's
choosing prior to the interview or any
review thereof, according to
regulations prescribed by the Attorney
General. Such consultation shall be at
no expense to the Government and shall
not unreasonably delay the process.
``(v) Credible fear of persecution
defined.--For purposes of this
subparagraph, the term `credible fear
of persecution' means that there is a
significant possibility, taking into
account the credibility of the
statements made by the alien in support
of the alien's claim and such other
facts as are known to the officer, that
the alien could establish eligibility
for asylum under section 208.
``(C) Limitation on administrative
review.--Except as provided in subparagraph
(B)(iii)(III), a removal order entered in
accordance with subparagraph (A)(i) or
(B)(iii)(I) is not subject to administrative
appeal, except that the Attorney General shall
provide by regulation for prompt review of such
an order under subparagraph (A)(i) against an
alien who claims under oath, or as permitted
under penalty of perjury under section 1746 of
title 28, United States Code, after having been
warned of the penalties for falsely making such
claim under such conditions, to have been
lawfully admitted for permanent residence, to
have been admitted as a refugee under section
207, or to have been granted asylum under
section 208.
``(D) Limit on collateral attacks.--In any
action brought against an alien under section
275(a) or section 276, the court shall not have
jurisdiction to hear any claim attacking the
validity of an order of removal entered under
subparagraph (A)(i) or (B)(iii).
``(E) Asylum officer defined.--As used in
this paragraph, the term `asylum officer' means
an immigration officer who--
``(i) has had professional training
in country conditions, asylum law, and
interview techniques comparable to that
provided to full-time adjudicators of
applications under section 208, and
``(ii) is supervised by an officer
who meets the condition described in
clause (i) and has had substantial
experience adjudicating asylum
applications.
``(F) Exception.--Subparagraph (A) shall
not apply to an alien who is a native or
citizen of a country in the Western Hemisphere
with whose government the United States does
not have full diplomatic relations and who
arrives by aircraft at a port of entry.
``(2) Inspection of other aliens.--
``(A) In general.--Subject to subparagraphs
(B) and (C), in the case of an alien who is an
applicant for admission, if the examining
immigration officer determines that an alien
seeking admission is not clearly and beyond a
doubt entitled to be admitted, the alien shall
be detained for a proceeding under section 240.
``(B) Exception.--Subparagraph (A) shall
not apply to an alien--
``(i) who is a crewman,
``(ii) to whom paragraph (1)
applies, or
``(iii) who is a stowaway.
``(C) Treatment of aliens arriving from
contiguous territory.--In the case of an alien
described in subparagraph (A) who is arriving
on land (whether or not at a designated port of
arrival) from a foreign territory contiguous to
the United States, the Attorney General may
return the alien to that territory pending a
proceeding under section 240.
``(3) Challenge of decision.--The decision of the
examining immigration officer, if favorable to the
admission of any alien, shall be subject to challenge
by any other immigration officer and such challenge
shall operate to take the alien whose privilege to be
admitted is so challenged, before an immigration judge
for a proceeding under section 240.
``(c) Removal of Aliens Inadmissible on Security and
Related Grounds.--
``(1) Removal without further hearing.--If an
immigration officer or an immigration judge suspects
that an arriving alien may be inadmissible under
subparagraph (A) (other than clause (ii)), (B), or (C)
of section 212(a)(3), the officer or judge shall--
``(A) order the alien removed, subject to
review under paragraph (2);
``(B) report the order of removal to the
Attorney General; and
``(C) not conduct any further inquiry or
hearing until ordered by the Attorney General.
``(2) Review of order.--(A) The Attorney General
shall review orders issued under paragraph (1).
``(B) If the Attorney General--
``(i) is satisfied on the basis of
confidential information that the alien is
inadmissible under subparagraph (A) (other than
clause (ii)), (B), or (C) of section 212(a)(3),
and
``(ii) after consulting with appropriate
security agencies of the United States
Government, concludes that disclosure of the
information would be prejudicial to the public
interest, safety, or security,
the Attorney General may order the alien removed
without further inquiry or hearing by an immigration
judge.
``(C) If the Attorney General does not order the
removal of the alien under subparagraph (B), the
Attorney General shall specify the further inquiry or
hearing that shall be conducted in the case.
``(3) Submission of statement and information.--The
alien or the alien's representative may submit a
written statement and additional information for
consideration by the Attorney General.
``(d) Authority Relating to Inspections.--
``(1) Authority to search conveyances.--Immigration
officers are authorized to board and search any vessel,
aircraft, railway car, or other conveyance or vehicle
in which they believe aliens are being brought into the
United States.
``(2) Authority to order detention and delivery of
arriving aliens.--Immigration officers are authorized
to order an owner, agent, master, commanding officer,
person in charge, purser, or consignee of a vessel or
aircraft bringing an alien (except an alien crewmember)
to the United States--
``(A) to detain the alien on the vessel or
at the airport of arrival, and
``(B) to deliver the alien to an
immigration officer for inspection or to a
medical officer for examination.
``(3) Administration of oath and consideration of
evidence.--The Attorney General and any immigration
officer shall have power to administer oaths and to
take and consider evidence of or from any person
touching the privilege of any alien or person he
believes or suspects to be an alien to enter, reenter,
transit through, or reside in the United States or
concerning any matter which is material and relevant to
the enforcement of this Act and the administration of
the Service.
``(4) Subpoena authority.--(A) The Attorney General
and any immigration officer shall have power to require
by subpoena the attendance and testimony of witnesses
before immigration officers and the production of
books, papers, and documents relating to the privilege
of any person to enter, reenter, reside in, or pass
through the United States or concerning any matter
which is material and relevant to the enforcement of
this Act and the administration of the Service, and to
that end may invoke the aid of any court of the United
States.
``(B) Any United States district court within the
jurisdiction of which investigations or inquiries are
being conducted by an immigration officer may, in the
event of neglect or refusal to respond to a subpoena
issued under this paragraph or refusal to testify
before an immigration officer, issue an order requiring
such persons to appear before an immigration officer,
produce books, papers, and documents if demanded, and
testify, and any failure to obey such order of the
court may be punished by the court as a contempt
thereof.''.
(b) GAO Study on Operation of Expedited Removal
Procedures.--
(1) Study.--The Comptroller General shall conduct a
study on the implementation of the expedited removal
procedures under section 235(b)(1) of the Immigration
and Nationality Act, as amended by subsection (a). The
study shall examine--
(A) the effectiveness of such procedures in
deterring illegal entry,
(B) the detention and adjudication
resources saved as a result of the procedures,
(C) the administrative and other costs
expended to comply with the provision,
(D) the effectiveness of such procedures in
processing asylum claims by undocumented aliens
who assert a fear of persecution, including the
accuracy of credible fear determinations, and
(E) the cooperation of other countries and
air carriers in accepting and returning aliens
removed under such procedures.
(2) Report.--By not later than 18 months after the
date of the enactment of this Act, the Comptroller
General shall submit to the Committees on the Judiciary
of the House of Representatives and the Senate a report
on the study conducted under paragraph (1).
SEC. 303. APPREHENSION AND DETENTION OF ALIENS (REVISED SECTION 236).
(a) In General.--Section 236 (8 U.S.C. 1226) is amended to
read as follows:
``apprehension and detention of aliens
``Sec. 236. (a) Arrest, Detention, and Release.--On a
warrant issued by the Attorney General, an alien may be
arrested and detained pending a decision on whether the alien
is to be removed from the United States. Except as provided in
subsection (c) and pending such decision, the Attorney
General--
``(1) may continue to detain the arrested alien;
and
``(2) may release the alien on--
``(A) bond of at least $1,500 with security
approved by, and containing conditions
prescribed by, the Attorney General; or
``(B) conditional parole; but
``(3) may not provide the alien with work
authorization (including an `employment authorized'
endorsement or other appropriate work permit), unless
the alien is lawfully admitted for permanent residence
or otherwise would (without regard to removal
proceedings) be provided such authorization.
``(b) Revocation of Bond or Parole.--The Attorney General
at any time may revoke a bond or parole authorized under
subsection (a), rearrest the alien under the original warrant,
and detain the alien.
``(c) Detention of Criminal Aliens.--
``(1) Custody.--The Attorney General shall take
into custody any alien who--
``(A) is inadmissible by reason of having
committed any offense covered in section
212(a)(2),
``(B) is deportable by reason of having
committed any offense covered in section
237(a)(2)(A)(ii), (A)(iii), (B), (C), or (D),
``(C) is deportable under section
237(a)(2)(A)(i) on the basis of an offense for
which the alien has been sentence to a term of
imprisonment of at least 1 year, or
``(D) is inadmissible under section
212(a)(3)(B) or deportable under section
237(a)(4)(B),
when the alien is released, without regard to whether
the alien is released on parole, supervised release, or
probation, and without regard to whether the alien may
be arrested or imprisoned again for the same offense.
``(2) Release.--The Attorney General may release an
alien described in paragraph (1) only if the Attorney
General decides pursuant to section 3521 of title 18,
United States Code, that release of the alien from
custody is necessary to provide protection to a
witness, a potential witness, a person cooperating with
an investigation into major criminal activity, or an
immediate family member or close associate of a
witness, potential witness, or person cooperating with
such an investigation, and the alien satisfies the
Attorney General that the alien will not pose a danger
to the safety of other persons or of property and is
likely to appear for any scheduled proceeding. A
decision relating to such release shall take place in
accordance with a procedure that considers the severity
of the offense committed by the alien.
``(d) Identification of Criminal Aliens.--(1) The Attorney
General shall devise and implement a system--
``(A) to make available, daily (on a 24-hour
basis), to Federal, State, and local authorities the
investigative resources of the Service to determine
whether individuals arrested by such authorities for
aggravated felonies are aliens;
``(B) to designate and train officers and employees
of the Service to serve as a liaison to Federal, State,
and local law enforcement and correctional agencies and
courts with respect to the arrest, conviction, and
release of any alien charged with an aggravated felony;
and
``(C) which uses computer resources to maintain a
current record of aliens who have been convicted of an
aggravated felony, and indicates those who have been
removed.
``(2) The record under paragraph (1)(C) shall be made
available--
``(A) to inspectors at ports of entry and to border
patrol agents at sector headquarters for purposes of
immediate identification of any alien who was
previously ordered removed and is seeking to reenter
the United States, and
``(B) to officials of the Department of State for
use in its automated visa lookout system.
``(3) Upon the request of the governor or chief executive
officer of any State, the Service shall provide assistance to
State courts in the identification of aliens unlawfully present
in the United States pending criminal prosecution.
``(e) Judicial Review.--The Attorney General's
discretionary judgment regarding the application of this
section shall not be subject to review. No court may set aside
any action or decision by the Attorney General under this
section regarding the detention or release of any alien or the
grant, revocation, or denial of bond or parole.''.
(b) Effective Date.--
(1) In general.--The amendment made by subsection
(a) shall become effective on the title III-A effective
date.
(2) Notification regarding custody.--If the
Attorney General, not later than 10 days after the date
of the enactment of this Act, notifies in writing the
Committees on the Judiciary of the House of
Representatives and the Senate that there is
insufficient detention space and Immigration and
Naturalization Service personnel available to carry out
section 236(c) of the Immigration and Nationality Act,
as amended by subsection (a), or the amendments made by
section 440(c) of Public Law 104-132, the provisions in
paragraph (3) shall be in effect for a 1-year period
beginning on the date of such notification, instead of
such section or such amendments. The Attorney General
may extend such 1-year period for an additional year if
the Attorney General provides the same notice not later
than 10 days before the end of the first 1-year period.
After the end of such 1-year or 2-year periods, the
provisions of such section 236(c) shall apply to
individuals released after such periods.
(3) Transition period custody rules.--
(A) In general.--During the period in which
this paragraph is in effect pursuant to
paragraph (2), the Attorney General shall take
into custody any alien who--
(i) has been convicted of an
aggravated felony (as defined under
section 101(a)(43) of the Immigration
and Nationality Act, as amended by
section 321 of this Act),
(ii) is inadmissible by reason of
having committed any offense covered in
section 212(a)(2) of such Act,
(iii) is deportable by reason of
having committed any offense covered in
section 241(a)(2)(A)(ii), (A)(iii),
(B), (C), or (D) of such Act (before
redesignation under this subtitle), or
(iv) is inadmissible under section
212(a)(3)(B) of such Act or deportable
under section 241(a)(4)(B) of such Act
(before redesignation under this
subtitle),
when the alien is released, without regard to
whether the alien is released on parole,
supervised release, or probation, and without
regard to whether the alien may be arrested or
imprisoned again for the same offense.
(B) Release.--The Attorney General may
release the alien only if the alien is an alien
described in subparagraph (A)(ii) or (A)(iii)
and--
(i) the alien was lawfully admitted
to the United States and satisfies the
Attorney General that the alien will
not pose a danger to the safety of
other persons or of property and is
likely to appear for any scheduled
proceeding, or
(ii) the alien was not lawfully
admitted to the United States, cannot
be removed because the designated
country of removal will not accept the
alien, and satisfies the Attorney
General that the alien will not pose a
danger to the safety of other persons
or of property and is likely to appear
for any scheduled proceeding.
SEC. 304. REMOVAL PROCEEDINGS; CANCELLATION OF REMOVAL AND ADJUSTMENT
OF STATUS; VOLUNTARY DEPARTURE (REVISED AND NEW
SECTIONS 239 TO 240C).
(a) In General.--Chapter 4 of title II is amended--
(1) by redesignating section 239 (8 U.S.C. 1229) as
section 234 and by moving such section to immediately
follow section 233;
(2) by redesignating section 240 (8 U.S.C. 1230) as
section 240C; and
(3) by inserting after section 238 the following
new sections:
``initiation of removal proceedings
``Sec. 239. (a) Notice to Appear.--
``(1) In general.--In removal proceedings under
section 240, written notice (in this section referred
to as a `notice to appear') shall be given in person to
the alien (or, if personal service is not practicable,
through service by mail to the alien or to the alien's
counsel of record, if any) specifying the following:
``(A) The nature of the proceedings against
the alien.
``(B) The legal authority under which the
proceedings are conducted.
``(C) The acts or conduct alleged to be in
violation of law.
``(D) The charges against the alien and the
statutory provisions alleged to have been
violated.
``(E) The alien may be represented by
counsel and the alien will be provided (i) a
period of time to secure counsel under
subsection (b)(1) and (ii) a current list of
counsel prepared under subsection (b)(2).
``(F)(i) The requirement that the alien
must immediately provide (or have provided) the
Attorney General with a written record of an
address and telephone number (if any) at which
the alien may be contacted respecting
proceedings under section 240.
``(ii) The requirement that the alien must
provide the Attorney General immediately with a
written record of any change of the alien's
address or telephone number.
``(iii) The consequences under section
240(b)(5) of failure to provide address and
telephone information pursuant to this
subparagraph.
``(G)(i) The time and place at which the
proceedings will be held.
``(ii) The consequences under section
240(b)(5) of the failure, except under
exceptional circumstances, to appear at such
proceedings.
``(2) Notice of change in time or place of
proceedings.--
``(A) In general.--In removal proceedings
under section 240, in the case of any change or
postponement in the time and place of such
proceedings, subject to subparagraph (B) a
written notice shall be given in person to the
alien (or, if personal service is not
practicable, through service by mail to the
alien or to the alien's counsel of record, if
any) specifying--
``(i) the new time or place of the
proceedings, and
``(ii) the consequences under
section 240(b)(5) of failing, except
under exceptional circumstances, to
attend such proceedings.
``(B) Exception.--In the case of an alien
not in detention, a written notice shall not be
required under this paragraph if the alien has
failed to provide the address required under
paragraph (1)(F).
``(3) Central address files.--The Attorney General
shall create a system to record and preserve on a
timely basis notices of addresses and telephone numbers
(and changes) provided under paragraph (1)(F).
``(b) Securing of Counsel.--
``(1) In general.--In order that an alien be
permitted the opportunity to secure counsel before the
first hearing date in proceedings under section 240,
the hearing date shall not be scheduled earlier than 10
days after the service of the notice to appear, unless
the alien requests in writing an earlier hearing date.
``(2) Current lists of counsel.--The Attorney
General shall provide for lists (updated not less often
than quarterly) of persons who have indicated their
availability to represent pro bono aliens in
proceedings under section 240. Such lists shall be
provided under subsection (a)(1)(E) and otherwise made
generally available.
``(3) Rule of construction.--Nothing in this
subsection may be construed to prevent the Attorney
General from proceeding against an alien pursuant to
section 240 if the time period described in paragraph
(1) has elapsed and the alien has failed to secure
counsel.
``(c) Service by Mail.--Service by mail under this section
shall be sufficient if there is proof of attempted delivery to
the last address provided by the alien in accordance with
subsection (a)(1)(F).
``(d) Prompt Initiation of Removal.--(1) In the case of an
alien who is convicted of an offense which makes the alien
deportable, the Attorney General shall begin any removal
proceeding as expeditiously as possible after the date of the
conviction.
``(2) Nothing in this subsection shall be construed to
create any substantive or procedural right or benefit that is
legally enforceable by any party against the United States or
its agencies or officers or any other person.
``removal proceedings
``Sec. 240. (a) Proceeding.--
``(1) In general.--An immigration judge shall
conduct proceedings for deciding the inadmissibility or
deportability of an alien.
``(2) Charges.--An alien placed in proceedings
under this section may be charged with any applicable
ground of inadmissibility under section 212(a) or any
applicable ground of deportability under section
237(a).
``(3) Exclusive procedures.--Unless otherwise
specified in this Act, a proceeding under this section
shall be the sole and exclusive procedure for
determining whether an alien may be admitted to the
United States or, if the alien has been so admitted,
removed from the United States. Nothing in this section
shall affect proceedings conducted pursuant to section
238.
``(b) Conduct of Proceeding.--
``(1) Authority of immigration judge.--The
immigration judge shall administer oaths, receive
evidence, and interrogate, examine, and cross-examine
the alien and any witnesses. The immigration judge may
issue subpoenas for the attendance of witnesses and
presentation of evidence. The immigration judge shall
have authority (under regulations prescribed by the
Attorney General) to sanction by civil money penalty
any action (or inaction) in contempt of the judge's
proper exercise of authority under this Act.
``(2) Form of proceeding.--
``(A) In general.--The proceeding may take
place--
``(i) in person,
``(ii) where agreed to by the
parties, in the absence of the alien,
``(iii) through video conference,
or
``(iv) subject to subparagraph (B),
through telephone conference.
``(B) Consent required in certain cases.--
An evidentiary hearing on the merits may only
be conducted through a telephone conference
with the consent of the alien involved after
the alien has been advised of the right to
proceed in person or through video conference.
``(3) Presence of alien.--If it is impracticable by
reason of an alien's mental incompetency for the alien
to be present at the proceeding, the Attorney General
shall prescribe safeguards to protect the rights and
privileges of the alien.
``(4) Aliens rights in proceeding.--In proceedings
under this section, under regulations of the Attorney
General--
``(A) the alien shall have the privilege of
being represented, at no expense to the
Government, by counsel of the alien's choosing
who is authorized to practice in such
proceedings,
``(B) the alien shall have a reasonable
opportunity to examine the evidence against the
alien, to present evidence on the alien's own
behalf, and to cross-examine witnesses
presented by the Government but these rights
shall not entitle the alien to examine such
national security information as the Government
may proffer in opposition to the alien's
admission to the United States or to an
application by the alien for discretionary
relief under this Act, and
``(C) a complete record shall be kept of
all testimony and evidence produced at the
proceeding.
``(5) Consequences of failure to appear.--
``(A) In general.--Any alien who, after
written notice required under paragraph (1) or
(2) of section 239(a) has been provided to the
alien or the alien's counsel of record, does
not attend a proceeding under this section,
shall be ordered removed in absentia if the
Service establishes by clear, unequivocal, and
convincing evidence that the written notice was
so provided and that the alien is removable (as
defined in subsection (e)(2)). The written
notice by the Attorney General shall be
considered sufficient for purposes of this
subparagraph if provided at the most recent
address provided under section 239(a)(1)(F).
``(B) No notice if failure to provide
address information.--No written notice shall
be required under subparagraph (A) if the alien
has failed to provide the address required
under section 239(a)(1)(F).
``(C) Rescission of order.--Such an order
may be rescinded only--
``(i) upon a motion to reopen filed
within 180 days after the date of the
order of removal if the alien
demonstrates that the failure to appear
was because of exceptional
circumstances (as defined in subsection
(e)(1)), or
``(ii) upon a motion to reopen
filed at any time if the alien
demonstrates that the alien did not
receive notice in accordance with
paragraph (1) or (2) of section 239(a)
or the alien demonstrates that the
alien was in Federal or State custody
and the failure to appear was through
no fault of the alien.
The filing of the motion to reopen described in
clause (i) or (ii) shall stay the removal of
the alien pending disposition of the motion by
the immigration judge.
``(D) Effect on judicial review.--Any
petition for review under section 242 of an
order entered in absentia under this paragraph
shall (except in cases described in section
242(b)(5)) be confined to (i) the validity of
the notice provided to the alien, (ii) the
reasons for the alien's not attending the
proceeding, and (iii) whether or not the alien
is removable.
``(E) Additional application to certain
aliens in contiguous territory.--The preceding
provisions of this paragraph shall apply to all
aliens placed in proceedings under this
section, including any alien who remains in a
contiguous foreign territory pursuant to
section 235(b)(2)(C).
``(6) Treatment of frivolous behavior.--The
Attorney General shall, by regulation--
``(A) define in a proceeding before an
immigration judge or before an appellate
administrative body under this title, frivolous
behavior for which attorneys may be sanctioned,
``(B) specify the circumstances under which
an administrative appeal of a decision or
ruling will be considered frivolous and will be
summarily dismissed, and
``(C) impose appropriate sanctions (which
may include suspension and disbarment) in the
case of frivolous behavior.
Nothing in this paragraph shall be construed as
limiting the authority of the Attorney General to take
actions with respect to inappropriate behavior.
``(7) Limitation on discretionary relief for
failure to appear.--Any alien against whom a final
order of removal is entered in absentia under this
subsection and who, at the time of the notice described
in paragraph (1) or (2) of section 239(a), was provided
oral notice, either in the alien's native language or
in another language the alien understands, of the time
and place of the proceedings and of the consequences
under this paragraph of failing, other than because of
exceptional circumstances (as defined in subsection
(e)(1)) to attend a proceeding under this section,
shall not be eligible for relief under section 240A,
240B, 245, 248, or 249 for a period of 10 years after
the date of the entry of the final order of removal.
``(c) Decision and Burden of Proof.--
``(1) Decision.--
``(A) In general.--At the conclusion of the
proceeding the immigration judge shall decide
whether an alien is removable from the United
States. The determination of the immigration
judge shall be based only on the evidence
produced at the hearing.
``(B) Certain medical decisions.--If a
medical officer or civil surgeon or board of
medical officers has certified under section
232(b) that an alien has a disease, illness, or
addiction which would make the alien
inadmissible under paragraph (1) of section
212(a), the decision of the immigration judge
shall be based solely upon such certification.
``(2) Burden on alien.--In the proceeding the alien
has the burden of establishing--
``(A) if the alien is an applicant for
admission, that the alien is clearly and beyond
doubt entitled to be admitted and is not
inadmissible under section 212; or
``(B) by clear and convincing evidence,
that the alien is lawfully present in the
United States pursuant to a prior admission.
In meeting the burden of proof under subparagraph (B),
the alien shall have access to the alien's visa or
other entry document, if any, and any other records and
documents, not considered by the Attorney General to be
confidential, pertaining to the alien's admission or
presence in the United States.
``(3) Burden on service in cases of deportable
aliens.--
``(A) In general.--In the proceeding the
Service has the burden of establishing by clear
and convincing evidence that, in the case of an
alien who has been admitted to the United
States, the alien is deportable. No decision on
deportability shall be valid unless it is based
upon reasonable, substantial, and probative
evidence.
``(B) Proof of convictions.--In any
proceeding under this Act, any of the following
documents or records (or a certified copy of
such an official document or record) shall
constitute proof of a criminal conviction:
``(i) An official record of
judgment and conviction.
``(ii) An official record of plea,
verdict, and sentence.
``(iii) A docket entry from court
records that indicates the existence of
the conviction.
``(iv) Official minutes of a court
proceeding or a transcript of a court
hearing in which the court takes notice
of the existence of the conviction.
``(v) An abstract of a record of
conviction prepared by the court in
which the conviction was entered, or by
a State official associated with the
State's repository of criminal justice
records, that indicates the charge or
section of law violated, the
disposition of the case, the existence
and date of conviction, and the
sentence.
``(vi) Any document or record
prepared by, or under the direction of,
the court in which the conviction was
entered that indicates the existence of
a conviction.
``(vii) Any document or record
attesting to the conviction that is
maintained by an official of a State or
Federal penal institution, which is the
basis for that institution's authority
to assume custody of the individual
named in the record.
``(C) Electronic records.--In any
proceeding under this Act, any record of
conviction or abstract that has been submitted
by electronic means to the Service from a State
or court shall be admissible as evidence to
prove a criminal conviction if it is--
``(i) certified by a State official
associated with the State's repository
of criminal justice records as an
official record from its repository or
by a court official from the court in
which the conviction was entered as an
official record from its repository,
and
``(ii) certified in writing by a
Service official as having been
received electronically from the
State's record repository or the
court's record repository.
A certification under clause (i) may be by
means of a computer-generated signature and
statement of authenticity.
``(4) Notice.--If the immigration judge decides
that the alien is removable and orders the alien to be
removed, the judge shall inform the alien of the right
to appeal that decision and of the consequences for
failure to depart under the order of removal, including
civil and criminal penalties.
``(5) Motions to reconsider.--
``(A) In general.--The alien may file one
motion to reconsider a decision that the alien
is removable from the United States.
``(B) Deadline.--The motion must be filed
within 30 days of the date of entry of a final
administrative order of removal.
``(C) Contents.--The motion shall specify
the errors of law or fact in the previous order
and shall be supported by pertinent authority.
``(6) Motions to reopen.--
``(A) In general.--An alien may file one
motion to reopen proceedings under this
section.
``(B) Contents.--The motion to reopen shall
state the new facts that will be proven at a
hearing to be held if the motion is granted,
and shall be supported by affidavits or other
evidentiary material.
``(C) Deadline.--
``(i) In general.--Except as
provided in this subparagraph, the
motion to reopen shall be filed within
90 days of the date of entry of a final
administrative order of removal.
``(ii) Asylum.--There is no time
limit on the filing of a motion to
reopen if the basis of the motion is to
apply for relief under sections 208 or
241(b)(3) and is based on changed
country conditions arising in the
country of nationality or the country
to which removal has been ordered, if
such evidence is material and was not
available and would not have been
discovered or presented at the previous
proceeding.
``(iii) Failure to appear.--The
filing of a motion to reopen an order
entered pursuant to subsection (b)(5)
is subject to the deadline specified in
subparagraph (C) of such subsection.
``(d) Stipulated Removal.--The Attorney General shall
provide by regulation for the entry by an immigration judge of
an order of removal stipulated to by the alien (or the alien's
representative) and the Service. A stipulated order shall
constitute a conclusive determination of the alien's
removability from the United States.
``(e) Definitions.--In this section and section 240A:
``(1) Exceptional circumstances.--The term
`exceptional circumstances' refers to exceptional
circumstances (such as serious illness of the alien or
serious illness or death of the spouse, child, or
parent of the alien, but not including less compelling
circumstances) beyond the control of the alien.
``(2) Removable.--The term `removable' means--
``(A) in the case of an alien not admitted
to the United States, that the alien is
inadmissible under section 212, or
``(B) in the case of an alien admitted to
the United States, that the alien is deportable
under section 237.
``cancellation of removal; adjustment of status
``Sec. 240A. (a) Cancellation of Removal for Certain
Permanent Residents.--The Attorney General may cancel removal
in the case of an alien who is inadmissible or deportable from
the United States if the alien--
``(1) has been an alien lawfully admitted for
permanent residence for not less than 5 years,
``(2) has resided in the United States continuously
for 7 years after having been admitted in any status,
and
``(3) has not been convicted of any aggravated
felony.
``(b) Cancellation of Removal and Adjustment of Status for
Certain Nonpermanent Residents.--
``(1) In general.--The Attorney General may cancel
removal in the case of an alien who is inadmissible or
deportable from the United States if the alien--
``(A) has been physically present in the
United States for a continuous period of not
less than 10 years immediately preceding the
date of such application;
``(B) has been a person of good moral
character during such period;
``(C) has not been convicted of an offense
under section 212(a)(2), 237(a)(2), or
237(a)(3); and
``(D) establishes that removal would result
in exceptional and extremely unusual hardship
to the alien's spouse, parent, or child, who is
a citizen of the United States or an alien
lawfully admitted for permanent residence.
``(2) Special rule for battered spouse or child.--
The Attorney General may cancel removal in the case of
an alien who is inadmissible or deportable from the
United States if the alien demonstrates that--
``(A) the alien has been battered or
subjected to extreme cruelty in the United
States by a spouse or parent who is a United
States citizen or lawful permanent resident (or
is the parent of a child of a United States
citizen or lawful permanent resident and the
child has been battered or subjected to extreme
cruelty in the United States by such citizen or
permanent resident parent);
``(B) the alien has been physically present
in the United States for a continuous period of
not less than 3 years immediately preceding the
date of such application;
``(C) the alien has been a person of good
moral character during such period;
``(D) the alien is not inadmissible under
paragraph (2) or (3) of section 212(a), is not
deportable under paragraph (1)(G) or (2)
through (4) of section 237(a), and has not been
convicted of an aggravated felony; and
``(E) the removal would result in extreme
hardship to the alien, the alien's child, or
(in the case of an alien who is a child) to the
alien's parent.
In acting on applications under this paragraph, the
Attorney General shall consider any credible evidence
relevant to the application. The determination of what
evidence is credible and the weight to be given that
evidence shall be within the sole discretion of the
Attorney General.
``(3) Adjustment of status.--The Attorney General
may adjust to the status of an alien lawfully admitted
for permanent residence any alien who the Attorney
General determines meets the requirements of paragraph
(1) or (2). The number of adjustments under this
paragraph shall not exceed 4,000 for any fiscal year.
The Attorney General shall record the alien's lawful
admission for permanent residence as of the date the
Attorney General's cancellation of removal under
paragraph (1) or (2) or determination under this
paragraph.
``(c) Aliens Ineligible for Relief.--The provisions of
subsections (a) and (b)(1) shall not apply to any of the
following aliens:
``(1) An alien who entered the United States as a
crewman subsequent to June 30, 1964.
``(2) An alien who was admitted to the United
States as a nonimmigrant exchange alien as defined in
section 101(a)(15)(J), or has acquired the status of
such a nonimmigrant exchange alien after admission, in
order to receive graduate medical education or
training, regardless of whether or not the alien is
subject to or has fulfilled the two-year foreign
residence requirement of section 212(e).
``(3) An alien who--
``(A) was admitted to the United States as
a nonimmigrant exchange alien as defined in
section 101(a)(15)(J) or has acquired the
status of such a nonimmigrant exchange alien
after admission other than to receive graduate
medical education or training,
``(B) is subject to the two-year foreign
residence requirement of section 212(e), and
``(C) has not fulfilled that requirement or
received a waiver thereof.
``(4) An alien who is inadmissible under section
212(a)(3) or deportable under section 237(a)(4).
``(5) An alien who is described in section
241(b)(3)(B)(i).
``(6) An alien whose removal has previously been
cancelled under this section or whose deportation was
suspended under section 244(a) or who has been granted
relief under section 212(c), as such sections were in
effect before the date of the enactment of the Illegal
Immigration Reform and Immigrant Responsibility Act of
1996.
``(d) Special Rules Relating to Continuous Residence or
Physical Presence.--
``(1) Termination of continuous period.--For
purposes of this section, any period of continuous
residence or continuous physical presence in the United
States shall be deemed to end when the alien is served
a notice to appear under section 239(a) or when the
alien has committed an offense referred to in section
212(a)(2) that renders the alien inadmissible to the
United States under section 212(a)(2) or removable from
the United States under section 237(a)(2) or 237(a)(4),
whichever is earliest.
``(2) Treatment of certain breaks in presence.--An
alien shall be considered to have failed to maintain
continuous physical presence in the United States under
subsections (b)(1) and (b)(2) if the alien has departed
from the United States for any period in excess of 90
days or for any periods in the aggregate exceeding 180
days.
``(3) Continuity not required because of honorable
service in armed forces and presence upon entry into
service.--The requirements of continuous residence or
continuous physical presence in the United States under
subsections (a) and (b) shall not apply to an alien
who--
``(A) has served for a minimum period of 24
months in an active-duty status in the Armed
Forces of the United States and, if separated
from such service, was separated under
honorable conditions, and
``(B) at the time of the alien's enlistment
or induction was in the United States.
``(e) Annual Limitation.--The Attorney General may not
cancel the removal and adjust the status under this section,
nor suspend the deportation and adjust the status under section
244(a) (as in effect before the enactment of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996),
of a total of more than 4,000 aliens in any fiscal year. The
previous sentence shall apply regardless of when an alien
applied for such cancellation and adjustment and whether such
an alien had previously applied for suspension of deportation
under such section 244(a).
``voluntary departure
``Sec. 240B. (a) Certain Conditions.--
``(1) In general.--The Attorney General may permit
an alien voluntarily to depart the United States at the
alien's own expense under this subsection, in lieu of
being subject to proceedings under section 240 or prior
to the completion of such proceedings, if the alien is
not deportable under section 237(a)(2)(A)(iii) or
section 237(a)(4)(B).
``(2) Period.--Permission to depart voluntarily
under this subsection shall not be valid for a period
exceeding 120 days.
``(3) Bond.--The Attorney General may require an
alien permitted to depart voluntarily under this
subsection to post a voluntary departure bond, to be
surrendered upon proof that the alien has departed the
United States within the time specified.
``(4) Treatment of aliens arriving in the united
states.--In the case of an alien who is arriving in the
United States and with respect to whom proceedings
under section 240 are (or would otherwise be) initiated
at the time of such alien's arrival, paragraph (1)
shall not apply. Nothing in this paragraph shall be
construed as preventing such an alien from withdrawing
the application for admission in accordance with
section 235(a)(4).
``(b) At Conclusion of Proceedings.--
``(1) In general.--The Attorney General may permit
an alien voluntarily to depart the United States at the
alien's own expense if, at the conclusion of a
proceeding under section 240, the immigration judge
enters an order granting voluntary departure in lieu of
removal and finds that--
``(A) the alien has been physically present
in the United States for a period of at least
one year immediately preceding the date the
notice to appear was served under section
239(a);
``(B) the alien is, and has been, a person
of good moral character for at least 5 years
immediately preceding the alien's application
for voluntary departure;
``(C) the alien is not deportable under
section 237(a)(2)(A)(iii) or section 237(a)(4);
and
``(D) the alien has established by clear
and convincing evidence that the alien has the
means to depart the United States and intends
to do so.
``(2) Period.--Permission to depart voluntarily
under this subsection shall not be valid for a period
exceeding 60 days.
``(3) Bond.--An alien permitted to depart
voluntarily under this subsection shall be required to
post a voluntary departure bond, in an amount necessary
to ensure that the alien will depart, to be surrendered
upon proof that the alien has departed the United
States within the time specified.
``(c) Aliens Not Eligible.--The Attorney General shall not
permit an alien to depart voluntarily under this section if the
alien was previously permitted to so depart after having been
found inadmissible under section 212(a)(6)(A).
``(d) Civil Penalty for Failure to Depart.--If an alien is
permitted to depart voluntarily under this section and fails
voluntarily to depart the United States within the time period
specified, the alien shall be subject to a civil penalty of not
less than $1,000 and not more than $5,000, and be ineligible
for a period of 10 years for any further relief under this
section and sections 240A, 245, 248, and 249. The order
permitting the alien to depart voluntarily shall inform the
alien of the penalties under this subsection.
``(e) Additional Conditions.--The Attorney General may by
regulation limit eligibility for voluntary departure under this
section for any class or classes of aliens. No court may review
any regulation issued under this subsection.
``(f) Judicial Review.--No court shall have jurisdiction
over an appeal from denial of a request for an order of
voluntary departure under subsection (b), nor shall any court
order a stay of an alien's removal pending consideration of any
claim with respect to voluntary departure.''.
(b) Repeal of Section 212(c).--Section 212(c) (8 U.S.C.
1182(c)) is repealed.
(c) Streamlining Removal of Criminal Aliens.--
(1) In general.--Section 242A(b)(4) (8 U.S.C.
1252a(b)(4)), as amended by section 442(a) of Public
Law 104-132 and before redesignation by section
308(b)(5), is amended--
(A) by striking subparagraph (D);
(B) by amending subparagraph (E) to read as
follows:
``(D) a determination is made for the
record that the individual upon whom the notice
for the proceeding under this section is served
(either in person or by mail) is, in fact, the
alien named in such notice;''; and
(C) by redesignating subparagraphs (F) and
(G) as subparagraph (E) and (F), respectively.
(2) Effective date.--The amendments made by
paragraph (1) shall be effective as if included in the
enactment of section 442(a) of Public Law 104-132.
SEC. 305. DETENTION AND REMOVAL OF ALIENS ORDERED REMOVED (NEW SECTION
241).
(a) In General.--Title II is further amended--
(1) by striking section 237 (8 U.S.C. 1227),
(2) by redesignating section 241 (8 U.S.C. 1251) as
section 237 and by moving such section to immediately
follow section 236, and
(3) by inserting after section 240C (as
redesignated by section 304(a)(2)) the following new
section:
``detention and removal of aliens ordered removed
``Sec. 241. (a) Detention, Release, and Removal of Aliens
Ordered Removed.--
``(1) Removal period.--
``(A) In general.--Except as otherwise
provided in this section, when an alien is
ordered removed, the Attorney General shall
remove the alien from the United States within
a period of 90 days (in this section referred
to as the `removal period').
``(B) Beginning of period.--The removal
period begins on the latest of the following:
``(i) The date the order of removal
becomes administratively final.
``(ii) If the removal order is
judicially reviewed and if a court
orders a stay of the removal of the
alien, the date of the court's final
order.
``(iii) If the alien is detained or
confined (except under an immigration
process), the date the alien is
released from detention or confinement.
``(C) Suspension of period.--The removal
period shall be extended beyond a period of 90
days and the alien may remain in detention
during such extended period if the alien fails
or refuses to make timely application in good
faith for travel or other documents necessary
to the alien's departure or conspires or acts
to prevent the alien's removal subject to an
order of removal.
``(2) Detention.--During the removal period, the
Attorney General shall detain the alien. Under no
circumstance during the removal period shall the
Attorney General release an alien who has been found
inadmissible under section 212(a)(2) or 212(a)(3)(B) or
deportable under section 237(a)(2) or 237(a)(4)(B).
``(3) Supervision after 90-day period.--If the
alien does not leave or is not removed within the
removal period, the alien, pending removal, shall be
subject to supervision under regulations prescribed by
the Attorney General. The regulations shall include
provisions requiring the alien--
``(A) to appear before an immigration
officer periodically for identification;
``(B) to submit, if necessary, to a medical
and psychiatric examination at the expense of
the United States Government;
``(C) to give information under oath about
the alien's nationality, circumstances, habits,
associations, and activities, and other
information the Attorney General considers
appropriate; and
``(D) to obey reasonable written
restrictions on the alien's conduct or
activities that the Attorney General prescribes
for the alien.
``(4) Aliens imprisoned, arrested, or on parole,
supervised release, or probation.--
``(A) In general.--Except as provided in
section 343(a) of the Public Health Service Act
(42 U.S.C. 259(a)) and paragraph (2), the
Attorney General may not remove an alien who is
sentenced to imprisonment until the alien is
released from imprisonment. Parole, supervised
release, probation, or possibility of arrest or
further imprisonment is not a reason to defer
removal.
``(B) Exception for removal of nonviolent
offenders prior to completion of sentence of
imprisonment.--The Attorney General is
authorized to remove an alien in accordance
with applicable procedures under this Act
before the alien has completed a sentence of
imprisonment--
``(i) in the case of an alien in
the custody of the Attorney General, if
the Attorney General determines that
(I) the alien is confined pursuant to a
final conviction for a nonviolent
offense (other than an offense related
to smuggling or harboring of aliens or
an offense described in section
101(a)(43)(B), (C), (E), (I), or (L)
and (II) the removal of the alien is
appropriate and in the best interest of
the United States; or
``(ii) in the case of an alien in
the custody of a State (or a political
subdivision of a State), if the chief
State official exercising authority
with respect to the incarceration of
the alien determines that (I) the alien
is confined pursuant to a final
conviction for a nonviolent offense
(other than an offense described in
section 101(a)(43)(C) or (E)), (II) the
removal is appropriate and in the best
interest of the State, and (III)
submits a written request to the
Attorney General that such alien be so
removed.
``(C) Notice.--Any alien removed pursuant
to this paragraph shall be notified of the
penalties under the laws of the United States
relating to the reentry of deported aliens,
particularly the expanded penalties for aliens
removed under subparagraph (B).
``(D) No private right.--No cause or claim
may be asserted under this paragraph against
any official of the United States or of any
State to compel the release, removal, or
consideration for release or removal of any
alien.
``(5) Reinstatement of removal orders against
aliens illegally reentering.--If the Attorney General
finds that an alien has reentered the United States
illegally after having been removed or having departed
voluntarily, under an order of removal, the prior order
of removal is reinstated from its original date and is
not subject to being reopened or reviewed, the alien is
not eligible and may not apply for any relief under
this Act, and the alien shall be removed under the
prior order at any time after the reentry.
``(6) Inadmissible or criminal aliens.--An alien
ordered removed who is inadmissible under section 212,
removable under section 237(a)(1)(C), 237(a)(2), or
237(a)(4) or who has been determined by the Attorney
General to be a risk to the community or unlikely to
comply with the order of removal, may be detained
beyond the removal period and, if released, shall be
subject to the terms of supervision in paragraph (3).
``(7) Employment authorization.--No alien ordered
removed shall be eligible to receive authorization to
be employed in the United States unless the Attorney
General makes a specific finding that--
``(A) the alien cannot be removed due to
the refusal of all countries designated by the
alien or under this section to receive the
alien, or
``(B) the removal of the alien is otherwise
impracticable or contrary to the public
interest.
``(b) Countries to Which Aliens May Be Removed.--
``(1) Aliens arriving at the united states.--
Subject to paragraph (3)--
``(A) In general.--Except as provided by
subparagraphs (B) and (C), an alien who arrives
at the United States and with respect to whom
proceedings under section 240 were initiated at
the time of such alien's arrival shall be
removed to the country in which the alien
boarded the vessel or aircraft on which the
alien arrived in the United States.
``(B) Travel from contiguous territory.--If
the alien boarded the vessel or aircraft on
which the alien arrived in the United States in
a foreign territory contiguous to the United
States, an island adjacent to the United
States, or an island adjacent to a foreign
territory contiguous to the United States, and
the alien is not a native, citizen, subject, or
national of, or does not reside in, the
territory or island, removal shall be to the
country in which the alien boarded the vessel
that transported the alien to the territory or
island.
``(C) Alternative countries.--If the
government of the country designated in
subparagraph (A) or (B) is unwilling to accept
the alien into that country's territory,
removal shall be to any of the following
countries, as directed by the Attorney General:
``(i) The country of which the
alien is a citizen, subject, or
national.
``(ii) The country in which the
alien was born.
``(iii) The country in which the
alien has a residence.
``(iv) A country with a government
that will accept the alien into the
country's territory if removal to each
country described in a previous clause
of this subparagraph is impracticable,
inadvisable, or impossible.
``(2) Other aliens.--Subject to paragraph (3)--
``(A) Selection of country by alien.--
Except as otherwise provided in this
paragraph--
``(i) any alien not described in
paragraph (1) who has been ordered
removed may designate one country to
which the alien wants to be removed,
and
``(ii) the Attorney General shall
remove the alien to the country the
alien so designates.
``(B) Limitation on designation.--An alien
may designate under subparagraph (A)(i) a
foreign territory contiguous to the United
States, an adjacent island, or an island
adjacent to a foreign territory contiguous to
the United States as the place to which the
alien is to be removed only if the alien is a
native, citizen, subject, or national of, or
has resided in, that designated territory or
island.
``(C) Disregarding designation.--The
Attorney General may disregard a designation
under subparagraph (A)(i) if--
``(i) the alien fails to designate
a country promptly;
``(ii) the government of the
country does not inform the Attorney
General finally, within 30 days after
the date the Attorney General first
inquires, whether the government will
accept the alien into the country;
``(iii) the government of the
country is not willing to accept the
alien into the country; or
``(iv) the Attorney General decides
that removing the alien to the country
is prejudicial to the United States.
``(D) Alternative country.--If an alien is
not removed to a country designated under
subparagraph (A)(i), the Attorney General shall
remove the alien to a country of which the
alien is a subject, national, or citizen unless
the government of the country--
``(i) does not inform the Attorney
General or the alien finally, within 30
days after the date the Attorney
General first inquires or within
another period of time the Attorney
General decides is reasonable, whether
the government will accept the alien
into the country; or
``(ii) is not willing to accept the
alien into the country.
``(E) Additional removal countries.--If an
alien is not removed to a country under the
previous subparagraphs of this paragraph, the
Attorney General shall remove the alien to any
of the following countries:
``(i) The country from which the
alien was admitted to the United
States.
``(ii) The country in which is
located the foreign port from which the
alien left for the United States or for
a foreign territory contiguous to the
United States.
``(iii) A country in which the
alien resided before the alien entered
the country from which the alien
entered the United States.
``(iv) The country in which the
alien was born.
``(v) The country that had
sovereignty over the alien's birthplace
when the alien was born.
``(vi) The country in which the
alien's birthplace is located when the
alien is ordered removed.
``(vii) If impracticable,
inadvisable, or impossible to remove
the alien to each country described in
a previous clause of this subparagraph,
another country whose government will
accept the alien into that country.
``(F) Removal country when united states is
at war.--When the United States is at war and
the Attorney General decides that it is
impracticable, inadvisable, inconvenient, or
impossible to remove an alien under this
subsection because of the war, the Attorney
General may remove the alien--
``(i) to the country that is host
to a government in exile of the country
of which the alien is a citizen or
subject if the government of the host
country will permit the alien's entry;
or
``(ii) if the recognized government
of the country of which the alien is a
citizen or subject is not in exile, to
a country, or a political or
territorial subdivision of a country,
that is very near the country of which
the alien is a citizen or subject, or,
with the consent of the government of
the country of which the alien is a
citizen or subject, to another country.
``(3) Restriction on removal to a country where
alien's life or freedom would be threatened.--
``(A) In general.--Notwithstanding
paragraphs (1) and (2), the Attorney General
may not remove an alien to a country if the
Attorney General decides that the alien's life
or freedom would be threatened in that country
because of the alien's race, religion,
nationality, membership in a particular social
group, or political opinion.
``(B) Exception.--Subparagraph (A) does not
apply to an alien deportable under section
237(a)(4)(D) or if the Attorney General decides
that--
``(i) the alien ordered, incited,
assisted, or otherwise participated in
the persecution of an individual
because of the individual's race,
religion, nationality, membership in a
particular social group, or political
opinion;
``(ii) the alien, having been
convicted by a final judgment of a
particularly serious crime is a danger
to the community of the United States;
``(iii) there are serious reasons
to believe that the alien committed a
serious nonpolitical crime outside the
United States before the alien arrived
in the United States; or
``(iv) there are reasonable grounds
to believe that the alien is a danger
to the security of the United States.
For purposes of clause (ii), an alien who has
been convicted of an aggravated felony (or
felonies) for which the alien has been
sentenced to an aggregate term of imprisonment
of at least 5 years shall be considered to have
committed a particularly serious crime. The
previous sentence shall not preclude the
Attorney General from determining that,
notwithstanding the length of sentence imposed,
an alien has been convicted of a particularly
serious crime. For purposes of clause (iv), an
alien who is described in section 237(a)(4)(B)
shall be considered to be an alien with respect
to whom there are reasonable grounds for
regarding as a danger to the security of the
United States.
``(c) Removal of Aliens Arriving at Port of Entry.--
``(1) Vessels and aircraft.--An alien arriving at a
port of entry of the United States who is ordered
removed either without a hearing under section
235(b)(1) or 235(c) or pursuant to proceedings under
section 240 initiated at the time of such alien's
arrival shall be removed immediately on a vessel or
aircraft owned by the owner of the vessel or aircraft
on which the alien arrived in the United States,
unless--
``(A) it is impracticable to remove the
alien on one of those vessels or aircraft
within a reasonable time, or
``(B) the alien is a stowaway--
``(i) who has been ordered removed
in accordance with section 235(a)(1),
``(ii) who has requested asylum,
and
``(iii) whose application has not
been adjudicated or whose asylum
application has been denied but who has
not exhausted all appeal rights.
``(2) Stay of removal.--
``(A) In general.--The Attorney General may
stay the removal of an alien under this
subsection if the Attorney General decides
that--
``(i) immediate removal is not
practicable or proper; or
``(ii) the alien is needed to
testify in the prosecution of a person
for a violation of a law of the United
States or of any State.
``(B) Payment of detention costs.--During
the period an alien is detained because of a
stay of removal under subparagraph (A)(ii), the
Attorney General may pay from the appropriation
`Immigration and Naturalization Service--
Salaries and Expenses'--
``(i) the cost of maintenance of
the alien; and
``(ii) a witness fee of $1 a day.
``(C) Release during stay.--The Attorney
General may release an alien whose removal is
stayed under subparagraph (A)(ii) on--
``(i) the alien's filing a bond of
at least $500 with security approved by
the Attorney General;
``(ii) condition that the alien
appear when required as a witness and
for removal; and
``(iii) other conditions the
Attorney General may prescribe.
``(3) Costs of detention and maintenance pending
removal.--
``(A) In general.--Except as provided in
subparagraph (B) and subsection (d), an owner
of a vessel or aircraft bringing an alien to
the United States shall pay the costs of
detaining and maintaining the alien--
``(i) while the alien is detained
under subsection (d)(1), and
``(ii) in the case of an alien who
is a stowaway, while the alien is being
detained pursuant to--
``(I) subsection (d)(2)(A)
or (d)(2)(B)(i),
``(II) subsection (d)(2)(B)
(ii) or (iii) for the period of
time reasonably necessary for
the owner to arrange for
repatriation or removal of the
stowaway, including obtaining
necessary travel documents, but
not to extend beyond the date
on which it is ascertained that
such travel documents cannot be
obtained from the country to
which the stowaway is to be
returned, or
``(III) section
235(b)(1)(B)(ii), for a period
not to exceed 15 days
(excluding Saturdays, Sundays,
and holidays) commencing on the
first such day which begins on
the earlier of 72 hours after
the time of the initial
presentation of the stowaway
for inspection or at the time
the stowaway is determined to
have a credible fear of
persecution.
``(B) Nonapplication.--Subparagraph (A)
shall not apply if--
``(i) the alien is a crewmember;
``(ii) the alien has an immigrant
visa;
``(iii) the alien has a
nonimmigrant visa or other
documentation authorizing the alien to
apply for temporary admission to the
United States and applies for admission
not later than 120 days after the date
the visa or documentation was issued;
``(iv) the alien has a reentry
permit and applies for admission not
later than 120 days after the date of
the alien's last inspection and
admission;
``(v)(I) the alien has a
nonimmigrant visa or other
documentation authorizing the alien to
apply for temporary admission to the
United States or a reentry permit;
``(II) the alien applies for
admission more than 120 days after the
date the visa or documentation was
issued or after the date of the last
inspection and admission under the
reentry permit; and
``(III) the owner of the vessel or
aircraft satisfies the Attorney General
that the existence of the condition
relating to inadmissibility could not
have been discovered by exercising
reasonable care before the alien
boarded the vessel or aircraft; or
``(vi) the individual claims to be
a national of the United States and has
a United States passport.
``(d) Requirements of Persons Providing Transportation.--
``(1) Removal at time of arrival.--An owner, agent,
master, commanding officer, person in charge, purser,
or consignee of a vessel or aircraft bringing an alien
(except an alien crewmember) to the United States
shall--
``(A) receive an alien back on the vessel
or aircraft or another vessel or aircraft owned
or operated by the same interests if the alien
is ordered removed under this part; and
``(B) take the alien to the foreign country
to which the alien is ordered removed.
``(2) Alien stowaways.--An owner, agent, master,
commanding officer, charterer, or consignee of a vessel
or aircraft arriving in the United States with an alien
stowaway--
``(A) shall detain the alien on board the
vessel or aircraft, or at such place as the
Attorney General shall designate, until
completion of the inspection of the alien by an
immigration officer;
``(B) may not permit the stowaway to land
in the United States, except pursuant to
regulations of the Attorney General
temporarily--
``(i) for medical treatment,
``(ii) for detention of the
stowaway by the Attorney General, or
``(iii) for departure or removal of
the stowaway; and
``(C) if ordered by an immigration officer,
shall remove the stowaway on the vessel or
aircraft or on another vessel or aircraft.
The Attorney General shall grant a timely request to
remove the stowaway under subparagraph (C) on a vessel
or aircraft other than that on which the stowaway
arrived if the requester has obtained any travel
documents necessary for departure or repatriation of
the stowaway and removal of the stowaway will not be
unreasonably delayed.
``(3) Removal upon order.--An owner, agent, master,
commanding officer, person in charge, purser, or
consignee of a vessel, aircraft, or other
transportation line shall comply with an order of the
Attorney General to take on board, guard safely, and
transport to the destination specified any alien
ordered to be removed under this Act.
``(e) Payment of Expenses of Removal.--
``(1) Costs of removal at time of arrival.--In the
case of an alien who is a stowaway or who is ordered
removed either without a hearing under section
235(a)(1) or 235(c) or pursuant to proceedings under
section 240 initiated at the time of such alien's
arrival, the owner of the vessel or aircraft (if any)
on which the alien arrived in the United States shall
pay the transportation cost of removing the alien. If
removal is on a vessel or aircraft not owned by the
owner of the vessel or aircraft on which the alien
arrived in the United States, the Attorney General
may--
``(A) pay the cost from the appropriation
`Immigration and Naturalization Service--
Salaries and Expenses'; and
``(B) recover the amount of the cost in a
civil action from the owner, agent, or
consignee of the vessel or aircraft (if any) on
which the alien arrived in the United States.
``(2) Costs of removal to port of removal for
aliens admitted or permitted to land.--In the case of
an alien who has been admitted or permitted to land and
is ordered removed, the cost (if any) of removal of the
alien to the port of removal shall be at the expense of
the appropriation for the enforcement of this Act.
``(3) Costs of removal from port of removal for
aliens admitted or permitted to land.--
``(A) Through appropriation.--Except as
provided in subparagraph (B), in the case of an
alien who has been admitted or permitted to
land and is ordered removed, the cost (if any)
of removal of the alien from the port of
removal shall be at the expense of the
appropriation for the enforcement of this Act.
``(B) Through owner.--
``(i) In general.--In the case of
an alien described in clause (ii), the
cost of removal of the alien from the
port of removal may be charged to any
owner of the vessel, aircraft, or other
transportation line by which the alien
came to the United States.
``(ii) Aliens described.--An alien
described in this clause is an alien
who--
``(I) is admitted to the
United States (other than
lawfully admitted for permanent
residence) and is ordered
removed within 5 years of the
date of admission based on a
ground that existed before or
at the time of admission, or
``(II) is an alien crewman
permitted to land temporarily
under section 252 and is
ordered removed within 5 years
of the date of landing.
``(C) Costs of removal of certain aliens
granted voluntary departure.--In the case of an
alien who has been granted voluntary departure
under section 240B and who is financially
unable to depart at the alien's own expense and
whose removal the Attorney General deems to be
in the best interest of the United States, the
expense of such removal may be paid from the
appropriation for the enforcement of this Act.
``(f) Aliens Requiring Personal Care During Removal.--
``(1) In general.--If the Attorney General believes
that an alien being removed requires personal care
because of the alien's mental or physical condition,
the Attorney General may employ a suitable person for
that purpose who shall accompany and care for the alien
until the alien arrives at the final destination.
``(2) Costs.--The costs of providing the service
described in paragraph (1) shall be defrayed in the
same manner as the expense of removing the accompanied
alien is defrayed under this section.
``(g) Places of Detention.--
``(1) In general.--The Attorney General shall
arrange for appropriate places of detention for aliens
detained pending removal or a decision on removal. When
United States Government facilities are unavailable or
facilities adapted or suitably located for detention
are unavailable for rental, the Attorney General may
expend from the appropriation `Immigration and
Naturalization Service--Salaries and Expenses', without
regard to section 3709 of the Revised Statutes (41
U.S.C. 5), amounts necessary to acquire land and to
acquire, build, remodel, repair, and operate facilities
(including living quarters for immigration officers if
not otherwise available) necessary for detention.
``(2) Detention facilities of the immigration and
naturalization service.--Prior to initiating any
project for the construction of any new detention
facility for the Service, the Commissioner shall
consider the availability for purchase or lease of any
existing prison, jail, detention center, or other
comparable facility suitable for such use.
``(h) Statutory Construction.--Nothing in this section
shall be construed to create any substantive or procedural
right or benefit that is legally enforceable by any party
against the United States or its agencies or officers or any
other person.''.
(b) Reentry of Alien Removed Prior to Completion of Term of
Imprisonment.--Section 276(b) (8 U.S.C. 1326(b)), as amended by
section 321(b), is amended--
(1) by striking ``or'' at the end of paragraph (2),
(2) by adding ``or'' at the end of paragraph (3),
and
(3) by inserting after paragraph (3) the following
new paragraph:
``(4) who was removed from the United States
pursuant to section 241(a)(4)(B) who thereafter,
without the permission of the Attorney General, enters,
attempts to enter, or is at any time found in, the
United States (unless the Attorney General has
expressly consented to such alien's reentry) shall be
fined under title 18, United States Code, imprisoned
for not more than 10 years, or both.
(c) Miscellaneous Conforming Amendment.--Section 212(a)(4)
(8 U.S.C. 1182(a)(4)), as amended by section 621(a), is amended
by striking ``241(a)(5)(B)'' each place it appears and
inserting ``237(a)(5)(B)''.
SEC. 306. APPEALS FROM ORDERS OF REMOVAL (NEW SECTION 242).
(a) In General.--Section 242 (8 U.S.C. 1252) is amended--
(1) by redesignating subsection (j) as subsection
(i) and by moving such subsection and adding it at the
end of section 241, as inserted by section 305(a)(3);
and
(2) by amending the remainder of section 242 to
read as follows:
``judicial review of orders of removal
``Sec. 242. (a) Applicable Provisions.--
``(1) General orders of removal.--Judicial review
of a final order of removal (other than an order of
removal without a hearing pursuant to section
235(b)(1)) is governed only by chapter 158 of title 28
of the United States Code, except as provided in
subsection (b) and except that the court may not order
the taking of additional evidence under section 2347(c)
of such title.
``(2) Matters not subject to judicial review.--
``(A) Review relating to section
235(b)(1).--Notwithstanding any other provision
of law, no court shall have jurisdiction to
review--
``(i) except as provided in
subsection (e), any individual
determination or to entertain any other
cause or claim arising from or relating
to the implementation or operation of
an order of removal pursuant to section
235(b)(1),
``(ii) except as provided in
subsection (e), a decision by the
Attorney General to invoke the
provisions of such section,
``(iii) the application of such
section to individual aliens, including
the determination made under section
235(b)(1)(B), or
``(iv) except as provided in
subsection (e), procedures and policies
adopted by the Attorney General to
implement the provisions of section
235(b)(1).
``(B) Denials of discretionary relief.--
Notwithstanding any other provision of law, no
court shall have jurisdiction to review--
``(i) any judgment regarding the
granting of relief under section
212(h), 212(i), 240A, 240B, or 245, or
``(ii) any other decision or action
of the Attorney General the authority
for which is specified under this title
to be in the discretion of the Attorney
General, other than the granting of
relief under section 208(a).
``(C) Orders against criminal aliens.--
Notwithstanding any other provision of law, no
court shall have jurisdiction to review any
final order of removal against an alien who is
removable by reason of having committed a
criminal offense covered in section 212(a)(2)
or 237(a)(2)(A)(iii), (B), (C), or (D), or any
offense covered by section 237(a)(2)(A)(ii) for
which both predicate offenses are, without
regard to their date of commission, otherwise
covered by section 237(a)(2)(A)(i).
``(3) Treatment of certain decisions.--No alien
shall have a right to appeal from a decision of an
immigration judge which is based solely on a
certification described in section 240(c)(1)(B).
``(b) Requirements for Review of Orders of Removal.--With
respect to review of an order of removal under subsection
(a)(1), the following requirements apply:
``(1) Deadline.--The petition for review must be
filed not later than 30 days after the date of the
final order of removal.
``(2) Venue and forms.--The petition for review
shall be filed with the court of appeals for the
judicial circuit in which the immigration judge
completed the proceedings. The record and briefs do not
have to be printed. The court of appeals shall review
the proceeding on a typewritten record and on
typewritten briefs.
``(3) Service.--
``(A) In general.--The respondent is the
Attorney General. The petition shall be served
on the Attorney General and on the officer or
employee of the Service in charge of the
Service district in which the final order of
removal under section 240 was entered.
``(B) Stay of order.--Service of the
petition on the officer or employee does not
stay the removal of an alien pending the
court's decision on the petition, unless the
court orders otherwise.
``(C) Alien's brief.--The alien shall serve
and file a brief in connection with a petition
for judicial review not later than 40 days
after the date on which the administrative
record is available, and may serve and file a
reply brief not later than 14 days after
service of the brief of the Attorney General,
and the court may not extend these deadlines
except upon motion for good cause shown. If an
alien fails to file a brief within the time
provided in this paragraph, the court shall
dismiss the appeal unless a manifest injustice
would result.
``(4) Scope and standard for review.--Except as
provided in paragraph (5)(B)--
``(A) the court of appeals shall decide the
petition only on the administrative record on
which the order of removal is based,
``(B) the administrative findings of fact
are conclusive unless any reasonable
adjudicator would be compelled to conclude to
the contrary,
``(C) a decision that an alien is not
eligible for admission to the United States is
conclusive unless manifestly contrary to law,
and
``(D) the Attorney General's discretionary
judgment whether to grant relief under section
208(a) shall be conclusive unless manifestly
contrary to the law and an abuse of discretion.
``(5) Treatment of nationality claims.--
``(A) Court determination if no issue of
fact.--If the petitioner claims to be a
national of the United States and the court of
appeals finds from the pleadings and affidavits
that no genuine issue of material fact about
the petitioner's nationality is presented, the
court shall decide the nationality claim.
``(B) Transfer if issue of fact.--If the
petitioner claims to be a national of the
United States and the court of appeals finds
that a genuine issue of material fact about the
petitioner's nationality is presented, the
court shall transfer the proceeding to the
district court of the United States for the
judicial district in which the petitioner
resides for a new hearing on the nationality
claim and a decision on that claim as if an
action had been brought in the district court
under section 2201 of title 28, United States
Code.
``(C) Limitation on determination.--The
petitioner may have such nationality claim
decided only as provided in this paragraph.
``(6) Consolidation with review of motions to
reopen or reconsider.--When a petitioner seeks review
of an order under this section, any review sought of a
motion to reopen or reconsider the order shall be
consolidated with the review of the order.
``(7) Challenge to validity of orders in certain
criminal proceedings.--
``(A) In general.--If the validity of an
order of removal has not been judicially
decided, a defendant in a criminal proceeding
charged with violating section 243(a) may
challenge the validity of the order in the
criminal proceeding only by filing a separate
motion before trial. The district court,
without a jury, shall decide the motion before
trial.
``(B) Claims of united states
nationality.--If the defendant claims in the
motion to be a national of the United States
and the district court finds that--
``(i) no genuine issue of material
fact about the defendant's nationality
is presented, the court shall decide
the motion only on the administrative
record on which the removal order is
based and the administrative findings
of fact are conclusive if supported by
reasonable, substantial, and probative
evidence on the record considered as a
whole; or
``(ii) a genuine issue of material
fact about the defendant's nationality
is presented, the court shall hold a
new hearing on the nationality claim
and decide that claim as if an action
had been brought under section 2201 of
title 28, United States Code.
The defendant may have such nationality claim
decided only as provided in this subparagraph.
``(C) Consequence of invalidation.--If the
district court rules that the removal order is
invalid, the court shall dismiss the indictment
for violation of section 243(a). The United
States Government may appeal the dismissal to
the court of appeals for the appropriate
circuit within 30 days after the date of the
dismissal.
``(D) Limitation on filing petitions for
review.--The defendant in a criminal proceeding
under section 243(a) may not file a petition
for review under subsection (a) during the
criminal proceeding.
``(8) Construction.--This subsection--
``(A) does not prevent the Attorney
General, after a final order of removal has
been issued, from detaining the alien under
section 241(a);
``(B) does not relieve the alien from
complying with section 241(a)(4) and section
243(g); and
``(C) does not require the Attorney General
to defer removal of the alien.
``(9) Consolidation of questions for judicial
review.--Judicial review of all questions of law and
fact, including interpretation and application of
constitutional and statutory provisions, arising from
any action taken or proceeding brought to remove an
alien from the United States under this title shall be
available only in judicial review of a final order
under this section.
``(c) Requirements for Petition.--A petition for review or
for habeas corpus of an order of removal--
``(1) shall attach a copy of such order, and
``(2) shall state whether a court has upheld the
validity of the order, and, if so, shall state the name
of the court, the date of the court's ruling, and the
kind of proceeding.
``(d) Review of Final Orders.--A court may review a final
order of removal only if--
``(1) the alien has exhausted all administrative
remedies available to the alien as of right, and
``(2) another court has not decided the validity of
the order, unless the reviewing court finds that the
petition presents grounds that could not have been
presented in the prior judicial proceeding or that the
remedy provided by the prior proceeding was inadequate
or ineffective to test the validity of the order.
``(e) Judicial Review of Orders Under Section 235(b)(1).--
``(1) Limitations on relief.--Without regard to the
nature of the action or claim and without regard to the
identity of the party or parties bringing the action,
no court may--
``(A) enter declaratory, injunctive, or
other equitable relief in any action pertaining
to an order to exclude an alien in accordance
with section 235(b)(1) except as specifically
authorized in a subsequent paragraph of this
subsection, or
``(B) certify a class under Rule 23 of the
Federal Rules of Civil Procedure in any action
for which judicial review is authorized under a
subsequent paragraph of this subsection.
``(2) Habeas corpus proceedings.--Judicial review
of any determination made under section 235(b)(1) is
available in habeas corpus proceedings, but shall be
limited to determinations of--
``(A) whether the petitioner is an alien,
``(B) whether the petitioner was ordered
removed under such section, and
``(C) whether the petitioner can prove by a
preponderance of the evidence that the
petitioner is an alien lawfully admitted for
permanent residence, has been admitted as a
refugee under section 207, or has been granted
asylum under section 208, such status not
having been terminated, and is entitled to such
further inquiry as prescribed by the Attorney
General pursuant to section 235(b)(1)(C).
``(3) Challenges on validity of the system.--
``(A) In general.--Judicial review of
determinations under section 235(b) and its
implementation is available in an action
instituted in the United States District Court
for the District of Columbia, but shall be
limited to determinations of--
``(i) whether such section, or any
regulation issued to implement such
section, is constitutional; or
``(ii) whether such a regulation,
or a written policy directive, written
policy guideline, or written procedure
issued by or under the authority of the
Attorney General to implement such
section, is not consistent with
applicable provisions of this title or
is otherwise in violation of law.
``(B) Deadlines for bringing actions.--Any
action instituted under this paragraph must be
filed no later than 60 days after the date the
challenged section, regulation, directive,
guideline, or procedure described in clause (i)
or (ii) of subparagraph (A) is first
implemented.
``(C) Notice of appeal.--A notice of appeal
of an order issued by the District Court under
this paragraph may be filed not later than 30
days after the date of issuance of such order.
``(D) Expeditious consideration of cases.--
It shall be the duty of the District Court, the
Court of Appeals, and the Supreme Court of the
United States to advance on the docket and to
expedite to the greatest possible extent the
disposition of any case considered under this
paragraph.
``(4) Decision.--In any case where the court
determines that the petitioner--
``(A) is an alien who was not ordered
removed under section 235(b)(1), or
``(B) has demonstrated by a preponderance
of the evidence that the alien is an alien
lawfully admitted for permanent residence, has
been admitted as a refugee under section 207,
or has been granted asylum under section 208,
the court may order no remedy or relief other than to
require that the petitioner be provided a hearing in
accordance with section 240. Any alien who is provided
a hearing under section 240 pursuant to this paragraph
may thereafter obtain judicial review of any resulting
final order of removal pursuant to subsection (a)(1).
``(5) Scope of inquiry.--In determining whether an
alien has been ordered removed under section 235(b)(1),
the court's inquiry shall be limited to whether such an
order in fact was issued and whether it relates to the
petitioner. There shall be no review of whether the
alien is actually inadmissible or entitled to any
relief from removal.
``(f) Limit on Injunctive Relief.--
(1) In general.--Regardless of the nature of the
action or claim or of the identity of the party or
parties bringing the action, no court (other than the
Supreme Court) shall have jurisdiction or authority to
enjoin or restrain the operation of the provisions of
chapter 4 of title II, as amended by the Illegal
Immigration Reform and Immigrant Responsibility Act of
1996, other than with respect to the application of
such provisions to an individual alien against whom
proceedings under such chapter have been initiated.
(2) Particular cases.--Notwithstanding any other
provision of law, no court shall enjoin the removal of
any alien pursuant to a final order under this section
unless the alien shows by clear and convincing evidence
that the entry or execution of such order is prohibited
as a matter of law.
``(g) Exclusive Jurisdiction.--Except as provided in this
section and notwithstanding any other provision of law, no
court shall have jurisdiction to hear any cause or claim by or
on behalf of any alien arising from the decision or action by
the Attorney General to commence proceedings, adjudicate cases,
or execute removal orders against any alien under this Act.''.
(b) Repeal of Section 106.--Section 106 (8 U.S.C. 1105a) is
repealed.
(c) Effective Date.--
(1) In general.--Subject to paragraph (2), the
amendments made by subsections (a) and (b) shall apply
to all final orders of deportation or removal and
motions to reopen filed on or after the date of the
enactment of this Act and subsection (g) of section 242
of the Immigration and Nationality Act (as added by
subsection (a)), shall apply without limitation to
claims arising from all past, pending, or future
exclusion, deportation, or removal proceedings under
such Act.
(2) Limitation.--Paragraph (1) shall not be
considered to invalidate or to require the
reconsideration of any judgment or order entered under
section 106 of the Immigration and Nationality Act, as
amended by section 440 of Public Law 104-132.
(d) Technical Amendment.--Effective as if included in the
enactment of the Antiterrorism and Effective Death Penalty Act
of 1996 (Public Law 104-132), subsections (a), (c), (d), (g),
and (h) of section 440 of such Act are amended by striking
``any offense covered by section 241(a)(2)(A)(ii) for which
both predicate offenses are covered by section
241(a)(2)(A)(i)'' and inserting ``any offense covered by
section 241(a)(2)(A)(ii) for which both predicate offenses are,
without regard to the date of their commission, otherwise
covered by section 241(a)(2)(A)(i)''.
SEC. 307. PENALTIES RELATING TO REMOVAL (REVISED SECTION 243).
(a) In General.--Section 243 (8 U.S.C. 1253) is amended to
read as follows:
``penalties related to removal
``Sec. 243. (a) Penalty for Failure to Depart.--
``(1) In general.--Any alien against whom a final
order of removal is outstanding by reason of being a
member of any of the classes described in section
237(a), who--
``(A) willfully fails or refuses to depart
from the United States within a period of 90
days from the date of the final order of
removal under administrative processes, or if
judicial review is had, then from the date of
the final order of the court,
``(B) willfully fails or refuses to make
timely application in good faith for travel or
other documents necessary to the alien's
departure,
``(C) connives or conspires, or takes any
other action, designed to prevent or hamper or
with the purpose of preventing or hampering the
alien's departure pursuant to such, or
``(D) willfully fails or refuses to present
himself or herself for removal at the time and
place required by the Attorney General pursuant
to such order,
shall be fined under title 18, United States Code, or
imprisoned not more than four years (or 10 years if the
alien is a member of any of the classes described in
paragraph (1)(E), (2), (3), or (4) of section 237(a)),
or both.
``(2) Exception.--It is not a violation of
paragraph (1) to take any proper steps for the purpose
of securing cancellation of or exemption from such
order of removal or for the purpose of securing the
alien's release from incarceration or custody.
``(3) Suspension.--The court may for good cause
suspend the sentence of an alien under this subsection
and order the alien's release under such conditions as
the court may prescribe. In determining whether good
cause has been shown to justify releasing the alien,
the court shall take into account such factors as--
``(A) the age, health, and period of
detention of the alien;
``(B) the effect of the alien's release
upon the national security and public peace or
safety;
``(C) the likelihood of the alien's
resuming or following a course of conduct which
made or would make the alien deportable;
``(D) the character of the efforts made by
such alien himself and by representatives of
the country or countries to which the alien's
removal is directed to expedite the alien's
departure from the United States;
``(E) the reason for the inability of the
Government of the United States to secure
passports, other travel documents, or removal
facilities from the country or countries to
which the alien has been ordered removed; and
``(F) the eligibility of the alien for
discretionary relief under the immigration
laws.
``(b) Willful Failure To Comply With Terms of Release Under
Supervision.--An alien who shall willfully fail to comply with
regulations or requirements issued pursuant to section
241(a)(3) or knowingly give false information in response to an
inquiry under such section shall be fined not more than $1,000
or imprisoned for not more than one year, or both.
``(c) Penalties Relating to Vessels and Aircraft.--
``(1) Civil penalties.--
``(A) Failure to carry out certain
orders.--If the Attorney General is satisfied
that a person has violated subsection (d) or
(e) of section 241, the person shall pay to the
Commissioner the sum of $2,000 for each
violation.
``(B) Failure to remove alien stowaways.--
If the Attorney General is satisfied that a
person has failed to remove an alien stowaway
as required under section 241(d)(2), the person
shall pay to the Commissioner the sum of $5,000
for each alien stowaway not removed.
``(C) No compromise.--The Attorney General
may not compromise the amount of such penalty
under this paragraph.
``(2) Clearing vessels and aircraft.--
``(A) Clearance before decision on
liability.--A vessel or aircraft may be granted
clearance before a decision on liability is
made under paragraph (1) only if a bond
approved by the Attorney General or an amount
sufficient to pay the civil penalty is
deposited with the Commissioner.
``(B) Prohibition on clearance while
penalty unpaid.--A vessel or aircraft may not
be granted clearance if a civil penalty imposed
under paragraph (1) is not paid.
``(d) Discontinuing Granting Visas to Nationals of Country
Denying or Delaying Accepting Alien.--On being notified by the
Attorney General that the government of a foreign country
denies or unreasonably delays accepting an alien who is a
citizen, subject, national, or resident of that country after
the Attorney General asks whether the government will accept
the alien under this section, the Secretary of State shall
order consular officers in that foreign country to discontinue
granting immigrant visas or nonimmigrant visas, or both, to
citizens, subjects, nationals, and residents of that country
until the Attorney General notifies the Secretary that the
country has accepted the alien.''.
SEC. 308. REDESIGNATION AND REORGANIZATION OF OTHER PROVISIONS;
ADDITIONAL CONFORMING AMENDMENTS.
(a) Conforming Amendment to Table of Contents; Overview of
Reorganized Chapters.--The table of contents, as amended by
sections 123(b) and 851(d)(1), is amended--
(1) by striking the item relating to section 106,
and
(2) by striking the item relating to chapter 4 of
title II and all that follows through the item relating
to section 244A and inserting the following:
``chapter 4--inspection, apprehension, examination, exclusion, and
removal
``Sec. 231. Lists of alien and citizen passengers arriving or departing;
record of resident aliens and citizens leaving permanently for
foreign country.
``Sec. 232. Detention of aliens for physical and mental examination.
``Sec. 233. Entry through or from foreign territory and adjacent
islands; landing stations.
``Sec. 234. Designation of ports of entry for aliens arriving by civil
aircraft.
``Sec. 235. Inspection by immigration officers; expedited removal of
inadmissible arriving aliens; referral for hearing.
``Sec. 235A. Preinspection at foreign airports.
``Sec. 236. Apprehension and detention of aliens not lawfully in the
United States.
``Sec. 237. General classes of deportable aliens.
``Sec. 238. Expedited removal of aliens convicted of committing
aggravated felonies.
``Sec. 239. Initiation of removal proceedings.
``Sec. 240. Removal proceedings.
``Sec. 240A. Cancellation of removal; adjustment of status.
``Sec. 240B. Voluntary departure.
``Sec. 240C. Records of admission.
``Sec. 241. Detention and removal of aliens ordered removed.
``Sec. 242. Judicial review of orders of removal.
``Sec. 243. Penalties relating to removal.
``Sec. 244. Temporary protected status.
``chapter 5--adjustment and change of status''.
(b) Reorganization of Other Provisions.--Chapters 4 and 5
of title II are amended as follows:
(1) Amending chapter heading.--Amend the heading
for chapter 4 of title II to read as follows:
``Chapter 4--Inspection, Apprehension, Examination, Exclusion, and
Removal''.
(2) Redesignating section 232 as section 232(a).--
Amend section 232 (8 U.S.C. 1222)--
(A) by inserting ``(a) Detention of
Aliens.--'' after ``Sec. 232.'', and
(B) by amending the section heading to read
as follows:
``detention of aliens for physical and mental examination''.
(3) Redesignating section 234 as section 232(b).--
Amend section 234 (8 U.S.C. 1224)--
(A) by striking the heading,
(B) by striking ``Sec. 234.'' and inserting
the following: ``(b) Physical and Mental
Examination.--'', and
(C) by moving such provision to the end of
section 232.
(4) Redesignating section 238 as section 233.--
Redesignate section 238 (8 U.S.C. 1228) as section 233
and move the section to immediately follow section 232.
(5) Redesignating section 242a as section 238.--
Redesignate section 242A as section 238, strike
``deportation'' in its heading and insert ``removal'',
and move the section to immediately follow section 237
(as redesignated by section 305(a)(2)).
(6) Striking section 242b.--Strike section 242B (8
U.S.C. 1252b).
(7) Striking section 244 and redesignating section
244a as section 244.--Strike section 244 (8 U.S.C.
1254) and redesignate section 244A as section 244.
(8) Amending chapter heading.--Amend the heading
for chapter 5 of title II to read as follows:
``Chapter 5--Adjustment and Change of Status''.
(c) Additional Conforming Amendments.--
(1) Expedited procedures for aggravated felons
(former section 242a).--Section 238 (which, previous to
redesignation under section 308(b)(5), was section
242A) is amended--
(A) in subsection (a)(1), by striking
``section 242'' and inserting ``section 240'';
(B) in subsection (a)(2), by striking
``section 242(a)(2)'' and inserting ``section
236(c)''; and
(C) in subsection (b)(1), by striking
``section 241(a)(2)(A)(iii)'' and inserting
``section 237(a)(2)(A)(iii)''.
(2) Treatment of certain helpless aliens.--
(A) Certification of helpless aliens.--
Section 232 (8 U.S.C. 1222), as amended by
section 308(b)(2), is further amended by adding
at the end the following new subsection:
``(c) Certification of Certain Helpless Aliens.--If an
examining medical officer determines that an alien arriving in
the United States is inadmissible, is helpless from sickness,
mental or physical disability, or infancy, and is accompanied
by another alien whose protection or guardianship may be
required, the officer may certify such fact for purposes of
applying section 212(a)(10)(B) with respect to the other
alien.''.
(B) Ground of inadmissibility for
protection and guardianship of aliens denied
admission for health or infancy.--Subparagraph
(B) of section 212(a)(10) (8 U.S.C.
1182(a)(10)), as redesignated by section
301(a)(1), is amended to read as follows:
``(B) Guardian required to accompany
helpless alien.--Any alien--
``(i) who is accompanying another
alien who is inadmissible and who is
certified to be helpless from sickness,
mental or physical disability, or
infancy pursuant to section 232(c), and
``(ii) whose protection or
guardianship is determined to be
required by the alien described in
clause (i),
is inadmissible.''.
(3) Contingent consideration in relation to removal
of aliens.--Section 273(a) (8 U.S.C. 1323(a)) is
amended--
(A) by inserting ``(1)'' after ``(a)'', and
(B) by adding at the end the following new
paragraph:
``(2) It is unlawful for an owner, agent, master,
commanding officer, person in charge, purser, or consignee of a
vessel or aircraft who is bringing an alien (except an alien
crewmember) to the United States to take any consideration to
be kept or returned contingent on whether an alien is admitted
to, or ordered removed from, the United States.''.
(4) Clarification.--(A) Section 238(a)(1), which,
previous to redesignation under section 308(b)(5), was
section 242A(a)(1), is amended by adding at the end the
following: ``Nothing in this section shall be construed
to create any substantive or procedural right or
benefit that is legally enforceable by any party
against the United States or its agencies or officers
or any other person.''.
(B) Section 225 of the Immigration and Nationality
Technical Corrections Act of 1994 (Public Law 103-416),
as amended by section 851(b)(15), is amended by
striking ``and nothing in'' and all that follows up to
``shall''.
(d) Additional Conforming Amendments Relating to Exclusion
and Inadmissibility.--
(1) Section 212.--Section 212 (8 U.S.C. 1182(a)) is
amended--
(A) in the heading, by striking ``excluded
from'' and inserting ``ineligible for'';
(B) in the matter in subsection (a) before
paragraph (1), by striking all that follows
``(a)'' and inserting the following: ``Classes
of Aliens Ineligible for Visas or Admission.--
Except as otherwise provided in this Act,
aliens who are inadmissible under the following
paragraphs are ineligible to receive visas and
ineligible to be admitted to the United
States:'';
(C) in subsection (a), by striking ``is
excludable'' and inserting ``is inadmissible''
each place it appears;
(D) in subsections (a)(5)(C) (before
redesignation by section 343(c)(1), (d)(1),
(k), by striking ``exclusion'' and inserting
``inadmissibility'';
(E) in subsections (b), (d)(3),
(h)(1)(A)(i), and (k), by striking
``excludable'' each place it appears and
inserting ``inadmissible'';
(F) in subsection (b)(2), by striking ``or
ineligible for entry'';
(G) in subsection (d)(7), by striking
``excluded from'' and inserting ``denied''; and
(H) in subsection (h)(1)(B), by striking
``exclusion'' and inserting ``denial of
admission''.
(2) Section 241.--Section 241 (8 U.S.C. 1251),
before redesignation as section 237 by section
305(a)(2), is amended--
(A) in subsection (a)(1)(H), by striking
``excludable'' and inserting ``inadmissible'';
(B) in subsection (a)(4)(C)(ii), by
striking ``excludability'' and inserting
``inadmissibility'';
(C) in subsection (c), by striking
``exclusion'' and inserting
``inadmissibility''; and
(D) effective upon enactment of this Act,
by striking subsection (d), as added by section
414(a) of the Antiterrorism and Effective Death
Penalty Act of 1996 (P.L. 104-132).
(3) Other general references.--The following
provisions are amended by striking ``excludability''
and ``excludable'' each place each appears and
inserting ``inadmissibility'' and ``inadmissible'',
respectively:
(A) Sections 101(f)(3), 213, 234 (before
redesignation by section 308(b)), 241(a)(1)
(before redesignation by section 305(a)(2)),
272(a), 277, 286(h)(2)(A)(v), and
286(h)(2)(A)(vi).
(B) Section 601(c) of the Immigration Act
of 1990.
(C) Section 128 of the Foreign Relations
Authorization Act, Fiscal Years 1992 and 1993
(Public Law 102-138).
(D) Section 1073 of the National Defense
Authorization Act for Fiscal Year 1995 (Public
Law 103-337).
(E) Section 221 of the Immigration and
Nationality Technical Corrections Act of 1994
(Public Law 103-416).
(4) Related terms.--
(A) Section 101(a)(17) (8 U.S.C.
1101(a)(17)) is amended by striking ``or
expulsion'' and inserting ``expulsion, or
removal''.
(B) Section 102 (8 U.S.C. 1102) is amended
by striking ``exclusion or deportation'' and
inserting ``removal''.
(C) Section 103(c)(2) (8 U.S.C. 1103(c)(2))
is amended by striking ``been excluded or
deported'' and inserting ``not been admitted or
have been removed''.
(D) Section 206 (8 U.S.C. 1156) is amended
by striking ``excluded from admission to the
United States and deported'' and inserting
``denied admission to the United States and
removed''.
(E) Section 216(f) (8 U.S.C. 1186a) is
amended by striking ``exclusion'' and inserting
``inadmissibility''.
(F) Section 217 (8 U.S.C. 1187) is amended
by striking ``excluded from admission'' and
inserting ``denied admission at the time of
arrival'' each place it appears.
(G) Section 221(f) (8 U.S.C. 1201) is
amended by striking ``exclude'' and inserting
``deny admission to''.
(H) Section 232(a) (8 U.S.C. 1222(a)), as
redesignated by subsection (b)(2), is amended
by striking ``excluded by'' and ``the excluded
classes'' and inserting ``inadmissible under''
and ``inadmissible classes'', respectively.
(I)(i) Section 272 (8 U.S.C. 1322) is
amended--
(I) by striking ``exclusion'' in
the heading and inserting ``denial of
admission'',
(II) in subsection (a), by striking
``excluding condition'' and inserting
``condition causing inadmissibility'',
and
(III) in subsection (c), by
striking ``excluding''.
(ii) The item in the table of contents
relating to such section is amended by striking
``exclusion'' and inserting ``denial of
admission''.
(J) Section 276(a) (8 U.S.C. 1326(a)) is
amended--
(i) in paragraph (1), as amended by
section 324(a)--
(I) by striking ``arrested
and deported, has been excluded
and deported,'' and inserting
``denied admission, excluded,
deported, or removed'', and
(II) by striking
``exclusion or deportation''
and inserting ``exclusion,
deportation, or removal''; and
(ii) in paragraph (2)(B), by
striking ``excluded and deported'' and
inserting ``denied admission and
removed''.
(K) Section 286(h)(2)(A)(vi) (8 U.S.C.
1356(h)(2)(A)(vi)) is amended by striking
``exclusion'' each place it appears and
inserting ``removal''.
(L) Section 287 (8 U.S.C. 1357) is
amended--
(i) in subsection (a), by striking
``or expulsion'' each place it appears
and inserting ``expulsion, or
removal'', and
(ii) in subsection (c), by striking
``exclusion from'' and inserting
``denial of admission to''.
(M) Section 290(a) (8 U.S.C. 1360(a)) is
amended by striking ``admitted to the United
States, or excluded therefrom'' each place it
appears and inserting ``admitted or denied
admission to the United States''.
(N) Section 291 (8 U.S.C. 1361) is amended
by striking ``subject to exclusion'' and
inserting ``inadmissible'' each place it
appears.
(O) Section 292 (8 U.S.C. 1362) is amended
by striking ``exclusion or deportation'' each
place it appears and inserting ``removal''.
(P) Section 360 (8 U.S.C. 1503) is
amended--
(i) in subsection (a), by striking
``exclusion'' each place it appears and
inserting ``removal'', and
(ii) in subsection (c), by striking
``excluded from'' and inserting
``denied''.
(Q) Section 507(b)(2)(D) (8 U.S.C.
1537(b)(2)(D)) is amended by striking
``exclusion because such alien is excludable''
and inserting ``removal because such alien is
inadmissible''.
(R) Section 301(a)(1) of the Immigration
Act of 1990 is amended by striking
``exclusion'' and inserting
``inadmissibility''.
(S) Section 401(c) of the Refugee Act of
1980 is amended by striking ``deportation or
exclusion'' and inserting ``removal''.
(T) Section 501(e)(2) of the Refugee
Education Assistance Act of 1980 (Public Law
96-422) is amended--
(i) by striking ``exclusion or
deportation'' each place it appears and
inserting ``removal'', and
(ii) by striking ``deportation or
exclusion'' each place it appears and
inserting ``removal''.
(U) Section 4113(c) of title 18, United
States Code, is amended by striking ``exclusion
and deportation'' and inserting ``removal''.
(5) Repeal of superseded provision.--Effective as
of the date of the enactment of the Antiterrorism and
Effective Death Penalty Act of 1996, section 422 of
such Act is repealed and the Immigration and
Nationality Act shall be applied as if such section had
not been enacted.
(e) Revision of Terminology Relating to Deportation.--
(1) Each of the following is amended by striking
``deportation'' each place it appears and inserting
``removal'':
(A) Subparagraphs (A)(iii)(II),
(A)(iv)(II), and (B)(iii)(II) of section
204(a)(1) (8 U.S.C. 1154(a)(1)).
(B) Section 212(d)(1) (8 U.S.C.
1182(d)(1)).
(C) Section 212(d)(11) (8 U.S.C.
1182(d)(11)).
(D) Section 214(k)(4)(C) (8 U.S.C.
1184(k)(4)(C)), as redesignated by section
851(a)(3)(A).
(E) Section 241(a)(1)(H) (8 U.S.C.
1251(a)(1)(H)), before redesignation as section
237 by section 305(a)(2).
(F) Section 242A (8 U.S.C. 1252a), before
redesignation as section 238 by subsection
(b)(5).
(G) Subsections (a)(3) and (b)(5)(B) of
section 244A (8 U.S.C. 1254a), before
redesignation as section 244 by subsection
(b)(7).
(H) Section 246(a) (8 U.S.C. 1256(a)).
(I) Section 254 (8 U.S.C. 1284).
(J) Section 263(a)(4) (8 U.S.C.
1303(a)(4)).
(K) Section 276(b) (8 U.S.C. 1326(b)).
(L) Section 286(h)(2)(A)(v) (8 U.S.C.
1356(h)(2)(A)(v)).
(M) Section 287(g) (8 U.S.C. 1357(g)) (as
added by section 122).
(N) Section 291 (8 U.S.C. 1361).
(O) Section 318 (8 U.S.C. 1429).
(P) Section 130005(a) of the Violent Crime
Control and Law Enforcement Act of 1994 (Public
Law 103-322).
(Q) Section 4113(b) of title 18, United
States Code.
(2) Each of the following is amended by striking
``deported'' each place it appears and inserting
``removed'':
(A) Section 212(d)(7) (8 U.S.C.
1182(d)(7)).
(B) Section 214(d) (8 U.S.C. 1184(d)).
(C) Section 241(a) (8 U.S.C. 1251(a)),
before redesignation as section 237 by section
305(a)(2).
(D) Section 242A(c)(2)(D)(iv) (8 U.S.C.
1252a(c)(2)(D)(iv)), as amended by section
851(b)(14) but before redesignation as section
238 by subsection (b)(5).
(E) Section 252(b) (8 U.S.C. 1282(b)).
(F) Section 254 (8 U.S.C. 1284).
(G) Subsections (b) and (c) of section 266
(8 U.S.C. 1306).
(H) Section 301(a)(1) of the Immigration
Act of 1990.
(I) Section 4113 of title 18, United States
Code.
(3) Section 101(g) (8 U.S.C. 1101(g)) is amended by
inserting ``or removed'' after ``deported'' each place
it appears.
(4) Section 103(c)(2) (8 U.S.C. 1103(c)(2)) is
amended by striking ``suspension of deportation'' and
inserting ``cancellation of removal''.
(5) Section 201(b)(1)(D) (8 U.S.C. 1151(b)(1)(D))
is amended by striking ``deportation is suspended'' and
inserting ``removal is canceled''.
(6) Section 212(l)(2)(B) (8 U.S.C. 1182(l)(2)(B))
is amended by striking ``deportation against'' and
inserting ``removal of''.
(7) Subsections (b)(2), (c)(2)(B), (c)(3)(D),
(c)(4)(A), and (d)(2)(C) of section 216 (8 U.S.C.
1186a) are each amended by striking ``deportation'',
``deportation'', ``deport'', and ``deported'' each
place each appears and inserting ``removal'',
``removal'', ``remove'', and ``removed'', respectively.
(8) Subsections (b)(2), (c)(2)(B), (c)(3)(D), and
(d)(2)(C) of section 216A (8 U.S.C. 1186b) are each
amended by striking ``deportation'', ``deportation'',
``deport'', and ``deported'' and inserting ``removal'',
``removal'', ``remove'', and ``removed'', respectively.
(9) Section 217(b)(2) (8 U.S.C. 1187(b)(2)) is
amended by striking ``deportation against'' and
inserting ``removal of''.
(10) Section 242A (8 U.S.C. 1252a), before
redesignation as section 238 by subsection (b)(6), is
amended, in the headings to various subdivisions, by
striking ``Deportation'' and ``deportation'' and
inserting ``Removal'' and ``removal'', respectively.
(11) Section 244A(a)(1)(A) (8 U.S.C.
1254a(a)(1)(A)), before redesignation as section 244 by
subsection (b)(8), is amended--
(A) in subsection (a)(1)(A), by striking
``deport'' and inserting ``remove'', and
(B) in subsection (e), by striking
``Suspension of Deportation'' and inserting
``Cancellation of Removal''.
(12) Section 254 (8 U.S.C. 1284) is amended by
striking ``deport'' each place it appears and inserting
``remove''.
(13) Section 273(d) (8 U.S.C. 1323(d)) is repealed.
(14)(A) Section 276 (8 U.S.C. 1326) is amended by
striking ``deported'' and inserting ``removed''.
(B) The item in the table of contents relating to
such section is amended by striking ``deported'' and
inserting ``removed''.
(15) Section 318 (8 U.S.C. 1429) is amended by
striking ``suspending'' and inserting ``canceling''.
(16) Section 301(a) of the Immigration Act of 1990
is amended by striking ``Deportation'' and inserting
``Removal''.
(17) The heading of section 130005 of the Violent
Crime Control and Law Enforcement Act of 1994 (Public
Law 103-322) is amended by striking ``DEPORTATION'' and
inserting ``REMOVAL''.
(18) Section 9 of the Peace Corps Act (22 U.S.C.
2508) is amended by striking ``deported'' and all that
follows through ``Deportation'' and inserting ``removed
pursuant to chapter 4 of title II of the Immigration
and Nationality Act''.
(19) Section 8(c) of the Foreign Agents
Registration Act (22 U.S.C. 618(c)) is amended by
striking ``deportation'' and all that follows and
inserting ``removal pursuant to chapter 4 of title II
of the Immigration and Nationality Act.''.
(f) Revision of References to Entry.--
(1) The following provisions are amended by
striking ``entry'' and inserting ``admission'' each
place it appears:
(A) Section 101(a)(15)(K) (8 U.S.C.
1101(a)(15)(K)).
(B) Section 101(a)(30) (8 U.S.C.
1101(a)(30)).
(C) Section 212(a)(2)(D) (8 U.S.C.
1182(a)(2)(D)).
(D) Section 212(a)(6)(C)(i) (8 U.S.C.
1182(a)(6)(C)(i)).
(E) Section 212(h)(1)(A)(i) (8 U.S.C.
1182(h)(1)(A)(i)).
(F) Section 212(j)(1)(D) (8 U.S.C.
1182(j)(1)(D)).
(G) Section 214(c)(2)(A) (8 U.S.C.
1184(c)(2)(A)).
(H) Section 214(d) (8 U.S.C. 1184(d)).
(I) Section 216(b)(1)(A)(i) (8 U.S.C.
1186a(b)(1)(A)(i)).
(J) Section 216(d)(1)(A)(i)(III) (8 U.S.C.
1186a(d)(1)(A)(i)(III)).
(K) Subsection (b) of section 240 (8 U.S.C.
1230), before redesignation as section 240C by
section 304(a)(2).
(L) Subsection (a)(1)(G) of section 241 (8
U.S.C. 1251), before redesignation as section
237 by section 305(a)(2).
(M) Subsection (a)(1)(H) of section 241 (8
U.S.C. 1251), before redesignation as section
237 by section 305(a)(2), other than the last
time it appears.
(N) Paragraphs (2) and (4) of subsection
(a) of section 241 (8 U.S.C. 1251), before
redesignation as section 237 by section
305(a)(2).
(O) Section 245(e)(3) (8 U.S.C.
1255(e)(3)).
(P) Section 247(a) (8 U.S.C. 1257(a)).
(Q) Section 601(c)(2) of the Immigration
Act of 1990.
(2) The following provisions are amended by
striking ``enter'' and inserting ``be admitted'':
(A) Section 204(e) (8 U.S.C. 1154(e)).
(B) Section 221(h) (8 U.S.C. 1201(h)).
(C) Section 245(e)(2) (8 U.S.C.
1255(e)(2)).
(3) The following provisions are amended by
striking ``enters'' and inserting ``is admitted to'':
(A) Section 212(j)(1)(D)(ii) (8 U.S.C.
1154(e)).
(B) Section 214(c)(5)(B) (8 U.S.C.
1184(c)(5)(B)).
(4) Subsection (a) of section 238 (8 U.S.C. 1228),
before redesignation as section 233 by section
308(b)(4), is amended by striking ``entry and
inspection'' and inserting ``inspection and
admission''.
(5) Subsection (a)(1)(H)(ii) of section 241 (8
U.S.C. 1251), before redesignation as section 237 by
section 305(a)(2), is amended by striking ``at entry''.
(6) Section 7 of the Central Intelligence Agency
Act of 1949 (50 U.S.C. 403h) is amended by striking
``that the entry'', ``given entry into'', and
``entering'' and inserting ``that the admission'',
``admitted to'', and ``admitted to''.
(7) Section 4 of the Atomic Weapons and Special
Nuclear Materials Rewards Act (50 U.S.C. 47c) is
amended by striking ``entry'' and inserting
``admission''.
(g) Conforming References to Reorganized Sections.--
(1) References to sections 232, 234, 238, 239, 240,
241, 242a, and 244a.--Any reference in law in effect on
the day before the date of the enactment of this Act to
section 232, 234, 238, 239, 240, 241, 242A, or 244A of
the Immigration and Nationality Act (or a subdivision
of such section) is deemed, as of the title III-A
effective date, to refer to section 232(a), 232(b),
233, 234, 234A, 237, 238, or 244 of such Act (or the
corresponding subdivision of such section), as
redesignated by this subtitle. Any reference in law to
section 241 (or a subdivision of such section) of the
Immigration and Nationality Act in an amendment made by
a subsequent subtitle of this title is deemed a
reference (as of the title III-A effective date) to
section 237 (or the corresponding subdivision of such
section), as redesignated by this subtitle.
(2) References to section 106.--
(A) Sections 242A(b)(3) and
242A(c)(3)(A)(ii) (8 U.S.C. 1252a(b)(3),
1252a(c)(3)(A)(ii)), as amended by section
851(b)(14) but before redesignation as section
238 by subsection (b)(5), are each amended by
striking ``106'' and inserting ``242''.
(B) Sections 210(e)(3)(A) and 245A(f)(4)(A)
(8 U.S.C. 1160(e)(3)(A), 1255a(f)(4)(A)) are
amended by inserting ``(as in effect before
October 1, 1996)'' after ``106''.
(C) Section 242A(c)(3)(A)(iii) (8 U.S.C.
1252a(c)(3)(A)(iii)), as amended by section
851(b)(14) but before redesignation as section
238 by subsection (b)(5), is amended by
striking ``106(a)(1)'' and inserting
``242(b)(1)''.
(3) References to section 236.--
(A) Sections 205 and 209(a)(1) (8 U.S.C.
1155, 1159(a)(1)) are each amended by striking
``236'' and inserting ``240''.
(B) Section 4113(c) of title 18, United
States Code, is amended by striking ``1226 of
title 8, United States Code'' and inserting
``240 of the Immigration and Nationality Act''.
(4) References to section 237.--
(A) Section 209(a)(1) (8 U.S.C. 1159(a)(1))
is amended by striking ``237'' and inserting
``241''.
(B) Section 212(d)(7) (8 U.S.C. 1182(d)(7))
is amended by striking ``237(a)'' and inserting
``241(c)''.
(C) Section 280(a) (8 U.S.C. 1330(a)) is
amended by striking ``237, 239, 243'' and
inserting ``234, 243(c)(2)''.
(5) References to section 242.--
(A)(i) Sections 214(d), 252(b), and
287(f)(1) (8 U.S.C. 1184(d), 1282(b),
1357(f)(1)) are each amended by striking
``242'' and inserting ``240''.
(ii) Subsection (c)(4) of section 242A (8
U.S.C. 1252a), as amended by section 851(b)(13)
but before redesignation as section 238 by
subsection (b)(5), are each amended by striking
``242'' and inserting ``240''.
(iii) Section 245A(a)(1)(B) (8 U.S.C.
1255a(a)(1)(B)) is amended by inserting ``(as
in effect before October 1, 1996)'' after
``242''.
(iv) Section 4113 of title 18, United
States Code, is amended--
(I) in subsection (a), by striking
``section 1252(b) or section 1254(e) of
title 8, United States Code,'' and
inserting ``section 240B of the
Immigration and Nationality Act''; and
(II) in subsection (b), by striking
``section 1252 of title 8, United
States Code,'' and inserting ``section
240 of the Immigration and Nationality
Act''.
(B) Section 130002(a) of Public Law 103-
322, as amended by section 345, is amended by
striking ``242(a)(3)(A)'' and inserting
``236(d)''.
(C) Section 242A(b)(1) (8 U.S.C.
1252a(b)(1)), before redesignation as section
238 by section 308(b)(5), is amended by
striking ``242(b)'' and inserting ``240''.
(D) Section 242A(c)(2)(D)(ii) (8 U.S.C.
1252a(c)(2)(D)(ii)), as amended by section
851(b)(14) but before redesignation as section
238 by subsection (b)(5), is amended by
striking ``242(b)'' and inserting ``240''.
(E) Section 1821(e) of title 28, United
States Code, is amended by striking ``242(b)''
and inserting ``240''.
(F) Section 130007(a) of Public Law 103-322
is amended by striking ``242(i)'' and inserting
``239(d)''.
(G) Section 20301(c) of Public Law 103-322
is amended by striking ``242(j)(5)'' and
``242(j)'' and inserting ``241(h)(5)'' and
``241(h)'', respectively.
(6) References to section 242b.--
(A) Section 303(d)(2) of the Immigration
Act of 1990 is amended by striking ``242B'' and
inserting ``240(b)(5)''.
(B) Section 545(g)(1)(B) of the Immigration
Act of 1990 is amended by striking
``242B(a)(4)'' and inserting ``239(a)(4)''.
(7) References to section 243.--
(A) Section 214(d) (8 U.S.C. 1184(d)) is
amended by striking ``243'' and inserting
``241''.
(B) Section 504(k)(2) (8 U.S.C. 1534(k)(2))
is amended by striking ``withholding of
deportation under section 243(h)'' and
inserting ``by withholding of removal under
section 241(b)(3)''.
(C)(i) Section 315(c) of the Immigration
Reform and Control Act of 1986 is amended by
striking ``243(g)'' and ``1253(g)'' and
inserting ``243(d)'' and ``1253(d)''
respectively.
(ii) Section 702(b) of the Departments of
Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 1988
is amended by striking ``243(g)'' and inserting
``243(d)''.
(iii) Section 903(b) of Public Law 100-204
is amended by striking ``243(g)'' and inserting
``243(d)''.
(D)(i) Section 6(f)(2)(F) of the Food Stamp
Act of 1977 (7 U.S.C. 2015(f)(2)(F)) is amended
by striking ``243(h)'' and inserting
``241(b)(3)''.
(ii) Section 214(a)(5) of the Housing and
Community Development Act of 1980 (42 U.S.C.
1436a(a)(5)) is amended by striking ``243(h)''
and inserting ``241(b)(3)''.
(E)(i) Subsection (c)(2)(B)(ii) of section
244A (8 U.S.C. 1254a), before redesignated as
section 244 by section 308(b)(7), is amended by
striking ``243(h)(2)'' and inserting
``208(b)(2)(A)''.
(ii) Section 301(e)(2) of the Immigration
Act of 1990 is amended by striking
``243(h)(2)'' and inserting ``208(b)(2)(A)''.
(F) Section 316(f) (8 U.S.C. 1427(f)) is
amended by striking ``subparagraphs (A) through
(D) of paragraph 243(h)(2)'' and inserting
``clauses (i) through (v) of section
208(b)(2)(A)''.
(8) References to section 244.--
(A)(i) Section 201(b)(1)(D) (8 U.S.C.
1151(b)(1)(D)) and subsection (e) of section
244A (8 U.S.C. 1254a), before redesignation as
section 244 by section 308(b)(7), are each
amended by striking ``244(a)'' and inserting
``240A(a)''.
(ii) Section 304(c)(1)(B) of the
Miscellaneous and Technical Immigration and
Naturalization Amendments of 1991 (Public Law
102-232) is amended by striking ``244(a)'' and
inserting ``240A(a)''.
(B) Section 504(k)(3) (8 U.S.C. 1534(k)(3))
is amended by striking ``suspension of
deportation under subsection (a) or (e) of
section 244'' and inserting ``cancellation of
removal under section 240A''.
(C) Section 304(c)(1)(B) of the
Miscellaneous and Technical Immigration and
Naturalization Amendments of 1991 (Public Law
102-232) is amended by striking ``244(b)(2)''
and inserting ``240A(b)(2)''.
(D) Section 364(a)(2) of this Act is
amended by striking ``244(a)(3)'' and inserting
``240A(a)(3)''.
(9) References to chapter 5.--
(A) Sections 266(b), 266(c), and 291 (8
U.S.C. 1306(b), 1306(c), 1361) are each amended
by striking ``chapter 5'' and inserting
``chapter 4''.
(B) Section 6(b) of the Act of August 1,
1956 (50 U.S.C. 855(b)) is amended by striking
``chapter 5, title II, of the Immigration and
Nationality Act (66 Stat. 163)'' and inserting
``chapter 4 of title II of the Immigration and
Nationality Act''.
(10) Miscellaneous cross-reference corrections for
newly added provisions.--
(A) Section 212(h), as amended by section
301(h), is amended by striking ``section
212(c)'' and inserting ``paragraphs (1) and (2)
of section 240A(a)''.
(B) Section 245(c)(6), as amended by
section 332(d), is amended by striking
``241(a)(4)(B)'' and inserting
``237(a)(4)(B)''.
(C) Section 249(d), as amended by section
332(e), is amended by striking ``241(a)(4)(B)''
and inserting ``237(a)(4)(B)''.
(D) Section 274C(d)(7), as added by section
212(d), is amended by striking ``withholding of
deportation under section 243(h)'' and
inserting ``withholding of removal under
section 241(b)(3)''.
(E) Section 3563(b)(21) of title 18, United
States Code, as inserted by section 374(b), is
amended by striking ``242A(d)(5)'' and
inserting ``238(d)(5)''.
(F) Section 130007(a) of the Violent Crime
Control and Law Enforcement Act of 1994 (Public
Law 103-322), as amended by section 671(a)(6),
is amended by striking ``242A(a)(3)'' and
inserting ``238(a)(3)''.
(G) Section 386(b) of this Act is amended
by striking ``excludable'' and ``excludable''
and inserting ``inadmissible'' and
``inadmissible'', respectively, each place each
appears.
(H) Subsections (a), (c), (d), (g), and (h)
of section 440 of the Antiterrorism and
Effective Death Penalty Act of 1996 (Public Law
104-132), as amended by section 306(d), are
amended by striking ``241(a)(2)(A)(ii)'' and
``241(a)(2)(A)(i)'' and inserting
``237(a)(2)(A)(ii)'' and ``237(a)(2)(A)(i)'',
respectively.
SEC. 309. EFFECTIVE DATES; TRANSITION.
(a) In General.--Except as provided in this section and
sections 303(b)(2), 306(c), 308(d)(2)(D), or 308(d)(5), this
subtitle and the amendments made by this subtitle shall take
effect on the first day of the first month beginning more than
180 days after the date of the enactment of this Act (in this
title referred to as the ``title III-A effective date'').
(b) Promulgation of Regulations.--The Attorney General
shall first promulgate regulations to carry out this subtitle
by not later than 30 days before the title III-A effective
date.
(c) Transition for Aliens in Proceedings.--
(1) General rule that new rules do not apply.--
Subject to the succeeding provisions of this
subsection, in the case of an alien who is in exclusion
or deportation proceedings as of the title III-A
effective date--
(A) the amendments made by this subtitle
shall not apply, and
(B) the proceedings (including judicial
review thereof) shall continue to be conducted
without regard to such amendments.
(2) Attorney general option to elect to apply new
procedures.--In a case described in paragraph (1) in
which an evidentiary hearing under section 236 or 242
and 242B of the Immigration and Nationality Act has not
commenced as of the title III-A effective date, the
Attorney General may elect to proceed under chapter 4
of title II of such Act (as amended by this subtitle).
The Attorney General shall provide notice of such
election to the alien involved not later than 30 days
before the date any evidentiary hearing is commenced.
If the Attorney General makes such election, the notice
of hearing provided to the alien under section 235 or
242(a) of such Act shall be valid as if provided under
section 239 of such Act (as amended by this subtitle)
to confer jurisdiction on the immigration judge.
(3) Attorney general option to terminate and
reinitiate proceedings.--In the case described in
paragraph (1), the Attorney General may elect to
terminate proceedings in which there has not been a
final administrative decision and to reinitiate
proceedings under chapter 4 of title II the Immigration
and Nationality Act (as amended by this subtitle). Any
determination in the terminated proceeding shall not be
binding in the reinitiated proceeding.
(4) Transitional changes in judicial review.--In
the case described in paragraph (1) in which a final
order of exclusion or deportation is entered more than
30 days after the date of the enactment of this Act,
notwithstanding any provision of section 106 of the
Immigration and Nationality Act (as in effect as of the
date of the enactment of this Act) to the contrary--
(A) in the case of judicial review of a
final order of exclusion, subsection (b) of
such section shall not apply and the action for
judicial review shall be governed by the
provisions of subsections (a) and (c) of such
in the same manner as they apply to judicial
review of orders of deportation;
(B) a court may not order the taking of
additional evidence under section 2347(c) of
title 28, United States Code;
(C) the petition for judicial review must
be filed not later than 30 days after the date
of the final order of exclusion or deportation;
(D) the petition for review shall be filed
with the court of appeals for the judicial
circuit in which the administrative proceedings
before the special inquiry officer or
immigration judge were completed;
(E) there shall be no appeal of any
discretionary decision under section 212(c),
212(h), 212(i), 244, or 245 of the Immigration
and Nationality Act (as in effect as of the
date of the enactment of this Act);
(F) service of the petition for review
shall not stay the deportation of an alien
pending the court's decision on the petition,
unless the court orders otherwise; and
(G) there shall be no appeal permitted in
the case of an alien who is inadmissible or
deportable by reason of having committed a
criminal offense covered in section 212(a)(2)
or section 241(a)(2)(A)(iii), (B), (C), or (D)
of the Immigration and Nationality Act (as in
effect as of the date of the enactment of this
Act), or any offense covered by section
241(a)(2)(A)(ii) of such Act (as in effect on
such date) for which both predicate offenses
are, without regard to their date of
commission, otherwise covered by section
241(a)(2)(A)(i) of such Act (as so in effect).
(5) Transitional rule with regard to suspension of
deportation.--Paragraphs (1) and (2) of section 240A(d)
of the Immigration and Nationality Act (relating to
continuous residence or physical presence) shall apply
to notices to appear issued before, on, or after the
date of the enactment of this Act.
(6) Transition for certain family unity aliens.--
The Attorney General may waive the application of
section 212(a)(9) of the Immigration and Nationality
Act, as inserted by section 301(b)(1), in the case of
an alien who is provided benefits under the provisions
of section 301 of the Immigration Act of 1990 (relating
to family unity).
(7) Limitation on suspension of deportation.--The
Attorney General may not suspend the deportation and
adjust the status under section 244 of the Immigration
and Nationality Act of more than 4,000 aliens in any
fiscal year (beginning after the date of the enactment
of this Act). The previous sentence shall apply
regardless of when an alien applied for such suspension
and adjustment.
(d) Transitional References.--For purposes of carrying out
the Immigration and Nationality Act, as amended by this
subtitle--
(1) any reference in section 212(a)(1)(A) of such
Act to the term ``inadmissible'' is deemed to include a
reference to the term ``excludable'', and
(2) any reference in law to an order of removal
shall be deemed to include a reference to an order of
exclusion and deportation or an order of deportation.
(e) Transition.--No period of time before the date of the
enactment of this Act shall be included in the period of 1 year
described in section 212(a)(6)(B)(i) of the Immigration and
Nationality Act (as amended by section 301(c)).
Subtitle B--Criminal Alien Provisions
SEC. 321. AMENDED DEFINITION OF AGGRAVATED FELONY.
(a) In General.--Section 101(a)(43) (8 U.S.C. 1101(a)(43)),
as amended by section 441(e) of the Antiterrorism and Effective
Death Penalty Act of 1996 (P.L. 104-132), is amended--
(1) in subparagraph (A), by inserting ``, rape, or
sexual abuse of a minor'' after ``murder'';
(2) in subparagraph (D), by striking ``$100,000''
and inserting ``$10,000'';
(3) in subparagraphs (F), (G), (N), and (P), by
striking ``is at least 5 years'' each place it appears
and inserting ``at least one year'';
(4) in subparagraph (J), by striking ``sentence of
5 years' imprisonment'' and inserting ``sentence of one
year imprisonment'';
(5) in subparagraph (K)(ii), by inserting ``if
committed'' before ``for commercial advantage'';
(6) in subparagraph (L)--
(A) by striking ``or'' at the end of clause
(i),
(B) by inserting ``or'' at the end of
clause (ii), and
(C) by adding at the end the following new
clause:
``(iii) section 601 of the National
Security Act of 1947 (relating to
protecting the identity of undercover
agents);'';
(7) in subparagraph (M), by striking ``$200,000''
each place it appears and inserting ``$10,000'';
(8) in subparagraph (N), by striking ``for which
the term'' and all that follows and inserting the
following: ``, except in the case of a first offense
for which the alien has affirmatively shown that the
alien committed the offense for the purpose of
assisting, abetting, or aiding only the alien's spouse,
child, or parent (and no other individual) to violate a
provision of this Act'';
(9) in subparagraph (P), by striking ``18 months''
and inserting ``12 months, except in the case of a
first offense for which the alien has affirmatively
shown that the alien committed the offense for the
purpose of assisting, abetting, or aiding only the
alien's spouse, child, or parent (and no other
individual) to violate a provision of this Act'';
(10) in subparagraph (R), by striking ``for which a
sentence of 5 years' imprisonment or more may be
imposed'' and inserting ``for which the term of
imprisonment is at least one year''; and
(11) in subparagraph (S), by striking ``for which a
sentence of 5 years' imprisonment or more may be
imposed'' and inserting ``for which the term of
imprisonment is at least one year''.
(b) Effective Date of Definition.--Section 101(a)(43) (8
U.S.C. 1101(a)(43)) is amended by adding at the end the
following new sentence: ``Notwithstanding any other provision
of law (including any effective date), the term applies
regardless of whether the conviction was entered before, on, or
after the date of enactment of this paragraph.''.
(c) Effective Date.--The amendments made by this section
shall apply to actions taken on or after the date of the
enactment of this Act, regardless of when the conviction
occurred, and shall apply under section 276(b) of the
Immigration and Nationality Act only to violations of section
276(a) of such Act occurring on or after such date.
SEC. 322. DEFINITION OF CONVICTION AND TERM OF IMPRISONMENT.
(a) Definition.--
(1) In general.--Section 101(a) (8 U.S.C. 1101(a))
is amended by adding at the end the following new
paragraph:
``(48)(A) The term `conviction' means, with respect to an
alien, a formal judgment of guilt of the alien entered by a
court or, if adjudication of guilt has been withheld, where--
``(i) a judge or jury has found the alien guilty or
the alien has entered a plea of guilty or nolo
contendere or has admitted sufficient facts to warrant
a finding of guilt, and
``(ii) the judge has ordered some form of
punishment, penalty, or restraint on the alien's
liberty to be imposed.
``(B) Any reference to a term of imprisonment or a sentence
with respect to an offense is deemed to include the period of
incarceration or confinement ordered by a court of law
regardless of any suspension of the imposition or execution of
that imprisonment or sentence in whole or in part.''.
(2) Conforming amendments.--
(A) Section 101(a)(43) (8 U.S.C.
1101(a)(43)) is amended by striking ``imposed
(regardless of any suspension of
imprisonment)'' each place it appears in
subparagraphs (F), (G), (N), and (P).
(B) Section 212(a)(2)(B) (8 U.S.C.
1182(a)(2)(B)) is amended by striking
``actually imposed''.
(b) Reference to Proof Provisions.--For provisions relating
to proof of convictions, see subparagraphs (B) and (C) of
section 240(c)(3) of the Immigration and Nationality Act, as
inserted by section 304(a)(3).
(c) Effective Date.--The amendments made by subsection (a)
shall apply to convictions and sentences entered before, on, or
after the date of the enactment of this Act. Subparagraphs (B)
and (C) of section 240(c)(3) of the Immigration and Nationality
Act, as inserted by section 304(a)(3), shall apply to proving
such convictions.
SEC. 323. AUTHORIZING REGISTRATION OF ALIENS ON CRIMINAL PROBATION OR
CRIMINAL PAROLE.
Section 263(a) (8 U.S.C. 1303(a)) is amended by striking
``and (5)'' and inserting ``(5) aliens who are or have been on
criminal probation or criminal parole within the United States,
and (6)''.
SEC. 324. PENALTY FOR REENTRY OF DEPORTED ALIENS.
(a) In General.--Section 276(a)(1) (8 U.S.C. 1326(a)(1)) is
amended to read as follows:
``(1) has been arrested and deported, has been
excluded and deported, or has departed the United
States while an order of exclusion or deportation is
outstanding, and thereafter''.
(b) Treatment of Stipulations.--The last sentence of
section 276(b) (8 U.S.C. 1326(b)) is amended by inserting ``(or
not during)'' after ``during''.
(c) Effective Date.--The amendment made by subsection (a)
shall apply to departures that occurred before, on, or after
the date of the enactment of this Act, but only with respect to
entries (and attempted entries) occurring on or after such
date.
SEC. 325. CHANGE IN FILING REQUIREMENT.
Section 2424 of title 18, United States Code, is amended--
(1) in the first undesignated paragraph of
subsection (a)--
(A) by striking ``alien'' each place it
appears;
(B) by inserting after ``individual'' the
first place it appears the following: ``,
knowing or in reckless disregard of the fact
that the individual is an alien''; and
(C) by striking ``within three years after
that individual has entered the United States
from any country, party to the arrangement
adopted July 25, 1902, for the suppression of
the white-slave traffic'';
(2) in the second undesignated paragraph of
subsection (a)--
(A) by striking ``thirty'' and inserting
``five business''; and
(B) by striking ``within three years after
that individual has entered the United States
from any country, party to the said arrangement
for the suppression of the white-slave
traffic,''; and
(3) in the text following the third undesignated
paragraph of subsection (a), by striking ``two'' and
inserting ``10''.
SEC. 326. CRIMINAL ALIEN IDENTIFICATION SYSTEM.
Subsection (a) of section 130002 of the Violent Crime
Control and Law Enforcement Act of 1994 (Public Law 103-322),
as amended by section 432 of Public Law 104-132, is amended to
read as follows:
``(a) Operation and Purpose.--The Commissioner of
Immigration and Naturalization shall, under the authority of
section 242(a)(3)(A) of the Immigration and Nationality Act
operate a criminal alien identification system. The criminal
alien identification system shall be used to assist Federal,
State, and local law enforcement agencies in identifying and
locating aliens who may be subject to removal by reason of
their conviction of aggravated felonies, subject to prosecution
under section 275 of such Act, not lawfully present in the
United States, or otherwise removable. Such system shall
include providing for recording of fingerprint records of
aliens who have been previously arrested and removed into
appropriate automated fingerprint identification systems.''.
SEC. 327. APPROPRIATIONS FOR CRIMINAL ALIEN TRACKING CENTER.
Section 130002(b) of the Violent Crime Control and Law
Enforcement Act of 1994 (8 U.S.C. 1252 note) is amended--
(1) by inserting ``and'' after ``1996;'', and
(2) by striking paragraph (2) and all that follows
through the period at the end and inserting the
following:
``(2) $5,000,000 for each of fiscal years 1997
through 2001.''.
SEC. 328. PROVISIONS RELATING TO STATE CRIMINAL ALIEN ASSISTANCE
PROGRAM.
(a) Modification of Authority.--
(1) In general.--Section 241(i), as redesignated by
section 306(a)(1), is amended--
(A) in paragraph (3)(A), by striking
``felony and sentenced to a term of
imprisonment'' and inserting ``felony or two or
more misdemeanors'', and
(B) by adding at the end the following new
paragraph:
``(6) To the extent of available appropriations,
funds otherwise made available under this section with
respect to a State (or political subdivision, including
a municipality) for incarceration of an undocumented
criminal alien may, at the discretion of the recipient
of the funds, be used for the costs of imprisonment of
such alien in a State, local, or municipal prison or
jail.''.
(2) Effective date.--The amendment made by
paragraph (1) shall apply beginning with fiscal year
1997.
(b) Sense of the Congress With Respect to Program.--
(1) Findings.--The Congress finds as follows:
(A) Of the $130,000,000 appropriated in
fiscal year 1995 for the State Criminal Alien
Assistance Program, the Department of Justice
disbursed the first $43,000,000 to States on
October 6, 1994, 32 days before the 1994
general election, and then failed to disburse
the remaining $87,000,000 until January 31,
1996, 123 days after the end of fiscal year
1995.
(B) While H.R. 2880, the continuing
appropriation measure funding certain
operations of the Federal Government from
January 26, 1996 to March 15, 1996, included
$66,000,000 to reimburse States for the cost of
incarcerating documented illegal immigrant
felons, the Department of Justice failed to
disburse any of the funds to the States during
the period of the continuing appropriation.
(2) Sense of the congress.--It is the sense of the
Congress that--
(A) the Department of Justice was
disturbingly slow in disbursing fiscal year
1995 funds under the State Criminal Alien
Assistance Program to States after the initial
grants were released just prior to the 1994
election; and
(B) the Attorney General should make it a
high priority to expedite the disbursement of
Federal funds intended to reimburse States for
the cost of incarcerating illegal immigrants,
aiming for all State Criminal Alien Assistance
Program funds to be disbursed during the fiscal
year for which they are appropriated.
SEC. 329. DEMONSTRATION PROJECT FOR IDENTIFICATION OF ILLEGAL ALIENS IN
INCARCERATION FACILITY OF ANAHEIM, CALIFORNIA.
(a) Authority.--The Attorney General shall conduct a
project demonstrating the feasibility of identifying, from
among the individuals who are incarcerated in local
governmental prison facilities prior to arraignment on criminal
charges, those individuals who are aliens unlawfully present in
the United States.
(b) Description of Project.--The project authorized by
subsection (a) shall include--
(1) the detail to incarceration facilities within
the city of Anaheim, California and the county of
Ventura, California, of an employee of the Immigration
and Naturalization Service who has expertise in the
identification of aliens unlawfully in the United
States, and
(2) provision of funds sufficient to provide for--
(A) access for such employee to records of
the Service necessary to identify such aliens,
and
(B) in the case of an individual identified
as such an alien, pre-arraignment reporting to
the court regarding the Service's intention to
remove the alien from the United States.
(c) Termination.--The authority under this section shall
cease to be effective 6 months after the date of the enactment
of this Act.
SEC. 330. PRISONER TRANSFER TREATIES.
(a) Negotiations With Other Countries.--(1) Congress
advises the President to begin to negotiate and renegotiate,
not later than 90 days after the date of enactment of this Act,
bilateral prisoner transfer treaties, providing for the
incarceration, in the country of the alien's nationality, of
any alien who--
(A) is a national of a country that is party to
such a treaty; and
(B) has been convicted of a criminal offense under
Federal or State law and who--
(i) is not in lawful immigration status in
the United States, or
(ii) on the basis of conviction for a
criminal offense under Federal or State law, or
on any other basis, is subject to deportation
or removal under the Immigration and
Nationality Act,
for the duration of the prison term to which the alien was
sentenced for the offense referred to in subparagraph (B). Any
such agreement may provide for the release of such alien
pursuant to parole procedures of that country.
(2) In entering into negotiations under paragraph (1), the
President may consider providing for appropriate compensation,
subject to the availability of appropriations, in cases where
the United States is able to independently verify the adequacy
of the sites where aliens will be imprisoned and the length of
time the alien is actually incarcerated in the foreign country
under such a treaty.
(b) Sense of Congress.--It is the sense of the Congress
that--
(1) the focus of negotiations for such agreements
should be--
(A) to expedite the transfer of aliens
unlawfully in the United States who are (or are
about to be) incarcerated in United States
prisons,
(B) to ensure that a transferred prisoner
serves the balance of the sentence imposed by
the United States courts,
(C) to eliminate any requirement of
prisoner consent to such a transfer, and
(D) to allow the Federal Government or the
States to keep their original prison sentences
in force so that transferred prisoners who
return to the United States prior to the
completion of their original United States
sentences can be returned to custody for the
balance of their prisons sentences;
(2) the Secretary of State should give priority to
concluding an agreement with any country for which the
President determines that the number of aliens
described in subsection (a) who are nationals of that
country in the United States represents a significant
percentage of all such aliens in the United States; and
(3) no new treaty providing for the transfer of
aliens from Federal, State, or local incarceration
facilities to a foreign incarceration facility should
permit the alien to refuse the transfer.
(c) Prisoner Consent.--Notwithstanding any other provision
of law, except as required by treaty, the transfer of an alien
from a Federal, State, or local incarceration facility under an
agreement of the type referred to in subsection (a) shall not
require consent of the alien.
(d) Annual Report.--Not later than 90 days after the date
of the enactment of this Act, and annually thereafter, the
Attorney General shall submit a report to the Committees on the
Judiciary of the House of Representatives and of the Senate
stating whether each prisoner transfer treaty to which the
United States is a party has been effective in the preceding 12
months in bringing about the return of deportable incarcerated
aliens to the country of which they are nationals and in
ensuring that they serve the balance of their sentences.
(e) Training Foreign Law Enforcement Personnel.--(1)
Subject to paragraph (2), the President shall direct the Border
Patrol Academy and the Customs Service Academy to enroll for
training an appropriate number of foreign law enforcement
personnel, and shall make appointments of foreign law
enforcement personnel to such academies, as necessary to
further the following United States law enforcement goals:
(A) Preventing of drug smuggling and other cross-
border criminal activity.
(B) Preventing illegal immigration.
(C) Preventing the illegal entry of goods into the
United States (including goods the sale of which is
illegal in the United States, the entry of which would
cause a quota to be exceeded, or the appropriate duty
or tariff for which has not been paid).
(2) The appointments described in paragraph (1) shall be
made only to the extent there is capacity in such academies
beyond what is required to train United States citizens needed
in the Border Patrol and Customs Service, and only of personnel
from a country with which the prisoner transfer treaty has been
stated to be effective in the most recent report referred to in
subsection (d).
(f) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this section.
SEC. 331. PRISONER TRANSFER TREATIES STUDY.
(a) Report to Congress.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of State and
the Attorney General shall submit to the Committees on the
Judiciary of the House of Representatives and of the Senate a
report that describes the use and effectiveness of the prisoner
transfer treaties with the three countries with the greatest
number of their nationals incarcerated in the United States in
removing from the United States such incarcerated nationals.
(b) Use of Treaty.--The report under subsection (a) shall
include--
(1) the number of aliens convicted of a criminal
offense in the United States since November 30, 1977,
who would have been or are eligible for transfer
pursuant to the treaties;
(2) the number of aliens described in paragraph (1)
who have been transferred pursuant to the treaties;
(3) the number of aliens described in paragraph (2)
who have been incarcerated in full compliance with the
treaties;
(4) the number of aliens who are incarcerated in a
penal institution in the United States who are eligible
for transfer pursuant to the treaties; and
(5) the number of aliens described in paragraph (4)
who are incarcerated in Federal, State, and local penal
institutions in the United States.
(c) Recommendations.--The report under subsection (a) shall
include the recommendations of the Secretary of State and the
Attorney General to increase the effectiveness and use of, and
full compliance with, the treaties. In considering the
recommendations under this subsection, the Secretary and the
Attorney General shall consult with such State and local
officials in areas disproportionately impacted by aliens
convicted of criminal offenses as the Secretary and the
Attorney General consider appropriate. Such recommendations
shall address--
(1) changes in Federal laws, regulations, and
policies affecting the identification, prosecution, and
deportation of aliens who have committed criminal
offenses in the United States;
(2) changes in State and local laws, regulations,
and policies affecting the identification, prosecution,
and deportation of aliens who have committed a criminal
offense in the United States;
(3) changes in the treaties that may be necessary
to increase the number of aliens convicted of criminal
offenses who may be transferred pursuant to the
treaties;
(4) methods for preventing the unlawful reentry
into the United States of aliens who have been
convicted of criminal offenses in the United States and
transferred pursuant to the treaties;
(5) any recommendations by appropriate officials of
the appropriate government agencies of such countries
regarding programs to achieve the goals of, and ensure
full compliance with, the treaties;
(6) whether the recommendations under this
subsection require the renegotiation of the treaties;
and
(7) the additional funds required to implement each
recommendation under this subsection.
SEC. 332. ANNUAL REPORT ON CRIMINAL ALIENS.
Not later than 12 months after the date of the enactment of
this Act, and annually thereafter, the Attorney General shall
submit to the Committees on the Judiciary of the House of
Representatives and of the Senate a report detailing--
(1) the number of illegal aliens incarcerated in
Federal and State prisons for having committed
felonies, stating the number incarcerated for each type
of offense;
(2) the number of illegal aliens convicted of
felonies in any Federal or State court, but not
sentenced to incarceration, in the year before the
report was submitted, stating the number convicted for
each type of offense;
(3) programs and plans underway in the Department
of Justice to ensure the prompt removal from the United
States of criminal aliens subject to removal; and
(4) methods for identifying and preventing the
unlawful reentry of aliens who have been convicted of
criminal offenses in the United States and removed from
the United States.
SEC. 333. PENALTIES FOR CONSPIRING WITH OR ASSISTING AN ALIEN TO COMMIT
AN OFFENSE UNDER THE CONTROLLED SUBSTANCES IMPORT
AND EXPORT ACT.
(a) Review of Guidelines.--Not later than 6 months after
the date of the enactment of this Act, the United States
Sentencing Commission shall conduct a review of the guidelines
applicable to an offender who conspires with, or aids or abets,
a person who is not a citizen or national of the United States
in committing any offense under section 1010 of the Controlled
Substance Import and Export Act (21 U.S.C. 960).
(b) Revision of Guidelines.--Following such review,
pursuant to section 994(p) of title 28, United States Code, the
Commission shall promulgate sentencing guidelines or amend
existing sentencing guidelines to ensure an appropriately
stringent sentence for such offenders.
SEC. 334. ENHANCED PENALTIES FOR FAILURE TO DEPART, ILLEGAL REENTRY,
AND PASSPORT AND VISA FRAUD.
(a) Failing to Depart.--The United States Sentencing
Commission shall promptly promulgate, pursuant to section 994
of title 28, United States Code, amendments to the sentencing
guidelines to make appropriate increases in the base offense
level for offenses under section 242(e) and 276(b) of the
Immigration and Nationality Act (8 U.S.C. 1252(e) and 1326(b))
to reflect the amendments made by section 130001 of the Violent
Crime Control and Law Enforcement Act of 1994.
(b) Passport and Visa Offenses.--The United States
Sentencing Commission shall promptly promulgate, pursuant to
section 994 of title 28, United States Code, amendments to the
sentencing guidelines to make appropriate increases in the base
offense level for offenses under chapter 75 of title 18, United
States Code to reflect the amendments made by section 130009 of
the Violent Crime Control and Law Enforcement Act of 1994.
Subtitle C--Revision of Grounds for Exclusion and Deportation
SEC. 341. PROOF OF VACCINATION REQUIREMENT FOR IMMIGRANTS.
(a) In General.--Section 212(a)(1)(A) (8 U.S.C.
1182(a)(1)(A)) is amended--
(1) by redesignating clauses (ii) and (iii) as
clauses (iii) and (iv), respectively, and
(2) by inserting after clause (i) the following new
clause:
``(ii) who seeks admission as an
immigrant, or who seeks adjustment of
status to the status of an alien
lawfully admitted for permanent
residence, and who has failed to
present documentation of having
received vaccination against vaccine-
preventable diseases, which shall
include at least the following
diseases: mumps, measles, rubella,
polio, tetanus and diphtheria toxoids,
pertussis, influenza type B and
hepatitis B, and any other vaccinations
against vaccine-preventable diseases
recommended by the Advisory Committee
for Immunization Practices,''.
(b) Waiver.--Section 212(g) (8 U.S.C. 1182(g)) is amended
by striking ``, or'' at the end of paragraph (1) and all that
follows and inserting a semicolon and the following:
``in accordance with such terms, conditions, and
controls, if any, including the giving of bond, as the
Attorney General, in the discretion of the Attorney
General after consultation with the Secretary of Health
and Human Services, may by regulation prescribe;
``(2) subsection (a)(1)(A)(ii) in the case of any
alien--
``(A) who receives vaccination against the
vaccine-preventable disease or diseases for
which the alien has failed to present
documentation of previous vaccination,
``(B) for whom a civil surgeon, medical
officer, or panel physician (as those terms are
defined by section 34.2 of title 42 of the Code
of Federal Regulations) certifies, according to
such regulations as the Secretary of Health and
Human Services may prescribe, that such
vaccination would not be medically appropriate,
or
``(C) under such circumstances as the
Attorney General provides by regulation, with
respect to whom the requirement of such a
vaccination would be contrary to the alien's
religious beliefs or moral convictions; or
``(3) subsection (a)(1)(A)(iii) in the case of any
alien, in accordance with such terms, conditions, and
controls, if any, including the giving of bond, as the
Attorney General, in the discretion of the Attorney
General after consultation with the Secretary of Health
and Human Services, may by regulation prescribe.''.
(c) Effective Date.--The amendments made by this section
shall apply with respect to applications for immigrant visas or
for adjustment of status filed after September 30, 1996.
SEC. 342. INCITEMENT OF TERRORIST ACTIVITY AND PROVISION OF FALSE
DOCUMENTATION TO TERRORISTS AS A BASIS FOR
EXCLUSION FROM THE UNITED STATES.
(a) In General.--Section 212(a)(3)(B) (8 U.S.C.
1182(a)(3)(B)) is amended--
(1) by redesignating subclauses (III) and (IV) of
clause (i) as subclauses (IV) and (V), respectively;
(2) by inserting after subclause (II) of clause (i)
the following new subclause:
``(III) has, under
circumstances indicating an
intention to cause death or
serious bodily harm, incited
terrorist activity,''; and
(3) in clause (iii)(III), by inserting
``documentation or'' before ``identification'';
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on the date of the enactment of this Act and
shall apply to incitement regardless of when it occurs.
SEC. 343. CERTIFICATION REQUIREMENTS FOR FOREIGN HEALTH-CARE WORKERS.
Section 212(a)(5) (8 U.S.C. 1182(a)(5)) is amended--
(1) by redesignating subparagraph (C) as
subparagraph (D), and
(2) by inserting after subparagraph (B) the
following new subparagraph:
``(C) Uncertified foreign health-care
workers.--Any alien who seeks to enter the
United States for the purpose of performing
labor as a health-care worker, other than a
physician, is excludable unless the alien
presents to the consular officer, or, in the
case of an adjustment of status, the Attorney
General, a certificate from the Commission on
Graduates of Foreign Nursing Schools, or a
certificate from an equivalent independent
credentialing organization approved by the
Attorney General in consultation with the
Secretary of Health and Human Services,
verifying that--
``(i) the alien's education,
training, license, and experience--
``(I) meet all applicable
statutory and regulatory
requirements for entry into the
United States under the
classification specified in the
application;
``(II) are comparable with
that required for an American
health-care worker of the same
type; and
``(III) are authentic and,
in the case of a license,
unencumbered;
``(ii) the alien has the level of
competence in oral and written English
considered by the Secretary of Health
and Human Services, in consultation
with the Secretary of Education, to be
appropriate for health care work of the
kind in which the alien will be
engaged, as shown by an appropriate
score on one or more nationally
recognized, commercially available,
standardized assessments of the
applicant's ability to speak and write;
and
``(iii) if a majority of States
licensing the profession in which the
alien intends to work recognize a test
predicting the success on the
profession's licensing or certification
examination, the alien has passed such
a test or has passed such an
examination.
For purposes of clause (ii), determination of
the standardized tests required and of the
minimum scores that are appropriate are within
the sole discretion of the Secretary of Health
and Human Services and are not subject to
further administrative or judicial review.''.
SEC. 344. REMOVAL OF ALIENS FALSELY CLAIMING UNITED STATES CITIZENSHIP.
(a) Exclusion of Aliens Who Have Falsely Claimed United
States Citizenship.--Section 212(a)(6)(C) (8 U.S.C.
1182(a)(6)(C)) is amended--
(1) by redesignating clause (ii) as clause (iii),
and
(2) by inserting after clause (i) the following new
clause:
``(ii) Falsely claiming
citizenship.--Any alien who falsely
represents, or has falsely represented,
himself or herself to be a citizen of
the United States for any purpose or
benefit under this Act (including
section 274A) or any other Federal or
State law is excludable.''.
(b) Deportation of Aliens Who Have Falsely Claimed United
States Citizenship.--Section 241(a)(3) (8 U.S.C. 1251(a)(3)) is
amended by adding at the end the following new subparagraph:
``(D) Falsely claiming citizenship.--Any
alien who falsely represents, or has falsely
represented, himself to be a citizen of the
United States for any purpose or benefit under
this Act (including section 274A) or any
Federal or State law is deportable.''.
(c) Effective Date.--The amendments made by this section
shall apply to representations made on or after the date of the
enactment of this Act.
SEC. 345. WAIVER OF EXCLUSION AND DEPORTATION GROUND FOR CERTAIN
SECTION 274C VIOLATORS.
(a) Exclusion Grounds.--Section 212 (8 U.S.C. 1182) is
amended--
(1) by amending subparagraph (F) of subsection
(a)(6) to read as follows:
``(F) Subject of civil penalty.--
``(i) In general.--An alien who is
the subject of a final order for
violation of section 274C is
inadmissible.
``(ii) Waiver authorized.--For
provision authorizing waiver of clause
(i), see subsection (d)(12).''; and
(2) by adding at the end of subsection (d) the
following new paragraph:
``(12) The Attorney General may, in the discretion of the
Attorney General for humanitarian purposes or to assure family
unity, waive application of clause (i) of subsection
(a)(6)(F)--
``(A) in the case of an alien lawfully admitted for
permanent residence who temporarily proceeded abroad
voluntarily and not under an order of deportation or
removal and who is otherwise admissible to the United
States as a returning resident under section 211(b),
and
``(B) in the case of an alien seeking admission or
adjustment of status under section 201(b)(2)(A) or
under section 203(a),
if no previous civil money penalty was imposed against the
alien under section 274C and the offense was committed solely
to assist, aid, or support the alien's spouse or child (and not
another individual). No court shall have jurisdiction to review
a decision of the Attorney General to grant or deny a waiver
under this paragraph.''.
(b) Ground of Deportation.--Subparagraph (C) of section
241(a)(3) (8 U.S.C. 1251(a)(3)), before redesignation by
section 305(a)(2), is amended to read as follows:
``(C) Document fraud.--
``(i) In general.--An alien who is
the subject of a final order for
violation of section 274C is
deportable.
``(ii) Waiver authorized.--The
Attorney General may waive clause (i)
in the case of an alien lawfully
admitted for permanent residence if no
previous civil money penalty was
imposed against the alien under section
274C and the offense was incurred
solely to assist, aid, or support the
alien's spouse or child (and no other
individual). No court shall have
jurisdiction to review a decision of
the Attorney General to grant or deny a
waiver under this clause.''.
SEC. 346. INADMISSIBILITY OF CERTAIN STUDENT VISA ABUSERS.
(a) In General.--Section 212(a)(6) (8 U.S.C. 1182(a)(6)) is
amended by adding at the end the following new subparagraph:
``(G) Student visa abusers.--An alien who
obtains the status of a nonimmigrant under
section 101(a)(15)(F)(i) and who violates a
term or condition of such status under section
214(l) is excludable until the alien has been
outside the United States for a continuous
period of 5 years after the date of the
violation.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply to aliens who obtain the status of a nonimmigrant
under section 101(a)(15)(F) of the Immigration and Nationality
Act after the end of the 60-day period beginning on the date of
the enactment of this Act, including aliens whose status as
such a nonimmigrant is extended after the end of such period.
SEC. 347. REMOVAL OF ALIENS WHO HAVE UNLAWFULLY VOTED.
(a) Exclusion of Aliens Who Have Unlawfully Voted.--Section
212(a)(10) (8 U.S.C. 1182(a)(10)), as redesignated by section
301(b), is amended by adding at the end the following new
subparagraph:
``(D) Unlawful voters.--Any alien who has
voted in violation of any Federal, State, or
local constitutional provision, statute,
ordinance, or regulation is excludable.''.
(b) Deportation of Aliens Who Have Unlawfully Voted.--
Section 241(a) (8 U.S.C. 1251(a)), before redesignation by
section 305(a)(2), is amended by adding at the end the
following new paragraph:
``(6) Unlawful voters.--Any alien who has voted in
violation of any Federal, State, or local
constitutional provision, statute, ordinance, or
regulation is deportable.''.
(c) Effective Date.--The amendments made by this section
shall apply to voting occurring before, on, or after the date
of the enactment of this Act.
SEC. 348. WAIVERS FOR IMMIGRANTS CONVICTED OF CRIMES.
(a) In General.--Section 212(h) (8 U.S.C. 1182(h)) is
amended by adding at the end the following: ``No waiver shall
be granted under this subsection in the case of an alien who
has previously been admitted to the United States as an alien
lawfully admitted for permanent residence if either since the
date of such admission the alien has been convicted of an
aggravated felony or the alien has not lawfully resided
continuously in the United States for a period of not less than
7 years immediately preceding the date of initiation of
proceedings to remove the alien from the United States. No
court shall have jurisdiction to review a decision of the
Attorney General to grant or deny a waiver under this
subsection.''.
(b) Effective Date.--The amendment made by subsection (a)
shall be effective on the date of the enactment of this Act and
shall apply in the case of any alien who is in exclusion or
deportation proceedings as of such date unless a final
administrative order in such proceedings has been entered as of
such date.
SEC. 349. WAIVER OF MISREPRESENTATION GROUND OF INADMISSIBILITY FOR
CERTAIN ALIEN.
Subsection (i) of section 212 (8 U.S.C. 1182) is amended to
read as follows:
``(i)(1) The Attorney General may, in the discretion of the
Attorney General, waive the application of clause (i) of
subsection (a)(6)(C) in the case of an immigrant who is the
spouse, son, or daughter of a United States citizen or of an
alien lawfully admitted for permanent residence if it is
established to the satisfaction of the Attorney General that
the refusal of admission to the United States of such immigrant
alien would result in extreme hardship to the citizen or
lawfully resident spouse or parent of such an alien.
``(2) No court shall have jurisdiction to review a decision
or action of the Attorney General regarding a waiver under
paragraph (1).''.
SEC. 350. OFFENSES OF DOMESTIC VIOLENCE AND STALKING AS GROUND FOR
DEPORTATION.
(a) In General.--Section 241(a)(2) (8 U.S.C. 1251(a)(2)) is
amended by adding at the end the following:
``(E) Crimes of domestic violence,
stalking, or violation of protection order,
crimes against children and .--
``(i) Domestic violence, stalking,
and child abuse.--Any alien who at any
time after entry is convicted of a
crime of domestic violence, a crime of
stalking, or a crime of child abuse,
child neglect, or child abandonment is
deportable. For purposes of this
clause, the term `crime of domestic
violence' means any crime of violence
(as defined in section 16 of title 18,
United States Code) against a person
committed by a current or former spouse
of the person, by an individual with
whom the person shares a child in
common, by an individual who is
cohabiting with or has cohabited with
the person as a spouse, by an
individual similarly situated to a
spouse of the person under the domestic
or family violence laws of the
jurisdiction where the offense occurs,
or by any other individual against a
person who is protected from that
individual's acts under the domestic or
family violence laws of the United
States or any State, Indian tribal
government, or unit of local
government.
``(ii) Violators of protection orders.--Any
alien who at any time after entry is enjoined
under a protection order issued by a court and
whom the court determines has engaged in
conduct that violates the portion of a
protection order that involves protection
against credible threats of violence, repeated
harassment, or bodily injury to the person or
persons for whom the protection order was
issued is deportable. For purposes of this
clause, the term `protection order' means any
injunction issued for the purpose of preventing
violent or threatening acts of domestic
violence, including temporary or final orders
issued by civil or criminal courts (other than
support or child custody orders or provisions)
whether obtained by filing an independent
action or as a pendente lite order in another
proceeding.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply to convictions, or violations of court orders,
occurring after the date of the enactment of this Act.
SEC. 351. CLARIFICATION OF DATE AS OF WHICH RELATIONSHIP REQUIRED FOR
WAIVER FROM EXCLUSION OR DEPORTATION FOR SMUGGLING.
(a) Exclusion.--Section 212(d)(11) (8 U.S.C. 1182(d)(11))
is amended by inserting ``an individual who at the time of such
action was'' after ``aided only''.
(b) Deportation.--Section 241(a)(1)(E)(iii) (8 U.S.C.
1251(a)(1)(E)(iii)) is amended by inserting ``an individual who
at the time of the offense was'' after ``aided only''.
(c) Effective Date.--The amendments made by this section
shall apply to applications for waivers filed before, on, or
after the date of the enactment of this Act, but shall not
apply to such an application for which a final determination
has been made as of the date of the enactment of this Act.
SEC. 352. EXCLUSION OF FORMER CITIZENS WHO RENOUNCED CITIZENSHIP TO
AVOID UNITED STATES TAXATION.
(a) In General.--Section 212(a)(10) (8 U.S.C. 1182(a)(10)),
as redesignated by section 301(b) and as amended by section
347(a), is amended by adding at the end the following:
``(E) Former citizens who renounced
citizenship to avoid taxation.--Any alien who
is a former citizen of the United States who
officially renounces United States citizenship
and who is determined by the Attorney General
to have renounced United States citizenship for
the purpose of avoiding taxation by the United
States is excludable.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply to individuals who renounce United States
citizenship on and after the date of the enactment of this Act.
SEC. 353. REFERENCES TO CHANGES ELSEWHERE IN ACT.
(a) Deportation for High Speed Flight.--For provision
making high speed flight from an immigration checkpoint subject
to deportation, see section 108(c).
(b) Inadmissibility of Aliens Previously Removed and
Unlawfully Present.--For provision making aliens previously
removed and unlawfully present in the United States
inadmissible, see section 301(b).
(c) Inadmissibility of Illegal Entrants.--For provision
revising the ground of inadmissibility for illegal entrants and
immigration violators, see section 301(c).
(d) Deportation for Visa Violators.--For provision revising
the ground of deportation for illegal entrants, see section
301(d).
(e) Labor Certifications for Professional Athletes.--For
provision providing for continued validity of labor
certifications and classification petitions for professional
athletes, see section 624.
Subtitle D--Changes in Removal of Alien Terrorist Provisions
SEC. 354. TREATMENT OF CLASSIFIED INFORMATION.
(a) Limitation on Provision of Summaries; Use of Special
Attorneys in Challenges to Classified Information.--
(1) No provision of summary in certain cases.--
Section 504(e)(3)(D) (8 U.S.C. 1534(e)(3)(D)) is
amended--
(A) in clause (ii), by inserting before the
period at the end the following: ``unless the
judge makes the findings under clause (iii)'',
and
(B) by adding at the end the following new
clause:
``(iii) Findings.--The findings
described in this clause are, with
respect to an alien, that--
``(I) the continued
presence of the alien in the
United States would likely
cause serious and irreparable
harm to the national security
or death or serious bodily
injury to any person, and
``(II) the provision of the
summary would likely cause
serious and irreparable harm to
the national security or death
or serious bodily injury to any
person.''.
(2) Special challenge procedures.--Section
504(e)(3) (8 U.S.C. 1534(e)(3)) is amended by adding at
the end the following new subparagraphs:
``(E) Continuation of hearing without
summary.--If a judge makes the findings
described in subparagraph (D)(iii)--
``(i) if the alien involved is an
alien lawfully admitted for permanent
residence, the procedures described in
subparagraph (F) shall apply; and
``(ii) in all cases the special
removal hearing shall continue, the
Department of Justice shall cause to be
delivered to the alien a statement that
no summary is possible, and the
classified information submitted in
camera and ex parte may be used
pursuant to this paragraph.
``(F) Special procedures for access and
challenges to classified information by special
attorneys in case of lawful permanent aliens.--
``(i) In general.--The procedures
described in this subparagraph are that
the judge (under rules of the removal
court) shall designate a special
attorney to assist the alien--
``(I) by reviewing in
camera the classified
information on behalf of the
alien, and
``(II) by challenging
through an in camera proceeding
the veracity of the evidence
contained in the classified
information.
``(ii) Restrictions on
disclosure.--A special attorney
receiving classified information under
clause (i)--
``(I) shall not disclose
the information to the alien or
to any other attorney
representing the alien, and
``(II) who discloses such
information in violation of
subclause (I) shall be subject
to a fine under title 18,
United States Code, imprisoned
for not less than 10 years nor
more than 25 years, or both.''.
(3) Appeals.--Section 505(c) (8 U.S.C. 1535(c)) is
amended--
(A) in paragraph (1), by striking ``The
decision'' and inserting ``Subject to paragraph
(2), the decision'';
(B) in paragraph (3)(D), by inserting
before the period at the end the following: ``,
except that in the case of a review under
paragraph (2) in which an alien lawfully
admitted for permanent residence was denied a
written summary of classified information under
section 504(c)(3), the Court of Appeals shall
review questions of fact de novo'';
(C) by redesignating paragraphs (2) and (3)
as paragraphs (3) and (4), respectively; and
(D) by inserting after paragraph (1) the
following new paragraph:
``(2) Automatic appeals in cases of permanent
resident aliens in which no summary provided.--
``(A) In general.--Unless the alien waives
the right to a review under this paragraph, in
any case involving an alien lawfully admitted
for permanent residence who is denied a written
summary of classified information under section
504(e)(3) and with respect to which the
procedures described in section 504(e)(3)(F)
apply, any order issued by the judge shall be
reviewed by the Court of Appeals for the
District of Columbia Circuit.
``(B) Use of special attorney.--With
respect to any issue relating to classified
information that arises in such review, the
alien shall be represented only by the special
attorney designated under section
504(e)(3)(F)(i) on behalf of the alien.''.
(4) Establishment of panel of special attorneys.--
Section 502 (8 U.S.C. 1532) is amended by adding at the
end the following new subsection:
``(e) Establishment of Panel of Special Attorneys.--The
removal court shall provide for the designation of a panel of
attorneys each of whom--
``(1) has a security clearance which affords the
attorney access to classified information, and
``(2) has agreed to represent permanent resident
aliens with respect to classified information under
section 504(e)(3) in accordance with (and subject to
the penalties under) this title.''.
(5) Definition of special attorney.--Section 501 (8
U.S.C. 1531) is amended--
(A) by striking ``and'' at the end of
paragraph (5),
(B) by striking the period at the end of
paragraph (6) and inserting ``; and'', and
(C) by adding at the end the following new
paragraph:
``(7) the term `special attorney' means an attorney
who is on the panel established under section
502(e).''.
(b) Other Provisions Relating to Classified Information.--
(1) Introduction of classified information.--
Section 504(e) (8 U.S.C. 1534(e)) is amended--
(A) in paragraph (1)--
(i) by inserting after ``(A)'' the
following: ``the Government is
authorized to use in a removal
proceedings the fruits of electronic
surveillance and unconsented physical
searches authorized under the Foreign
Intelligence Surveillance Act of 1978
(50 U.S.C. 1801 et seq.) without regard
to subsections (c), (e), (f), (g), and
(h) of section 106 of that Act and'',
and
(ii) by striking ``the Foreign
Intelligence Surveillance Act of 1978
(50 U.S.C. 1801 et seq.)'' and
inserting ``such Act''; and
(B) by striking the period at the end of
paragraph (3)(A) and inserting the following:
``and neither the alien nor the public shall be
informed of such evidence or its sources other
than through reference to the summary provided
pursuant to this paragraph. Notwithstanding the
previous sentence, the Department of Justice
may, in its discretion and, in the case of
classified information, after coordination with
the originating agency, elect to introduce such
evidence in open session.''.
(2) Maintenance of confidentiality of classified
information in arguments.--Section 504(f) (8 U.S.C.
1534(f)) is amended by adding at the end the following:
``The judge may allow any part of the argument that
refers to evidence received in camera and ex parte to
be heard in camera and ex parte.''.
(3) Maintenance of confidentiality of classified
information in orders.--Section 504(j) (8 U.S.C.
1534(j)) is amended by adding at the end the following:
``Any portion of the order that would reveal the
substance or source of information received in camera
and ex parte pursuant to subsection (e) shall not be
made available to the alien or the public.''.
SEC. 355. EXCLUSION OF REPRESENTATIVES OF TERRORISTS ORGANIZATIONS.
Section 212(a)(3)(B)(i)(IV) (8 U.S.C.
1182(a)(3)(B)(i)(VI)), as inserted by section 411(1)(C) of
Public Law 104-132, is amended by inserting ``which the alien
knows or should have known is a terrorist organization'' after
``219,''.
SEC. 356. STANDARD FOR JUDICIAL REVIEW OF TERRORIST ORGANIZATION
DESIGNATIONS.
Section 219(b)(3) (8 U.S.C. 1189(b)(3)), as added by
section 302(a) of Public Law 104-132, is amended--
(1) by striking ``or'' at the end of subparagraph
(B),
(2) by striking the period at the end of
subparagraph (C) and inserting a semicolon, and
(3) by adding at the end the following:
``(D) lacking substantial support in the
administrative record taken as a whole or in
classified information submitted to the court
under paragraph (2), or
``(E) not in accord with the procedures
required by law.''.
SEC. 357. REMOVAL OF ANCILLARY RELIEF FOR VOLUNTARY DEPARTURE.
Section 504(k) (8 U.S.C. 1534(k)) is amended--
(1) by redesignating paragraphs (4) and (5) as
paragraphs (5) and (6), and
(2) by inserting after paragraph (3) the following
new paragraph:
``(4) voluntary departure under section 244(e);''.
SEC. 358. EFFECTIVE DATE.
The amendments made by this subtitle shall be effective as
if included in the enactment of subtitle A of title IV of the
Antiterrorism and Effective Death Penalty Act of 1996 (Public
Law 104-132).
Subtitle E--Transportation of Aliens
SEC. 361. DEFINITION OF STOWAWAY.
(a) Stowaway Defined.--Section 101(a) (8 U.S.C. 1101(a)),
as amended by section 322(a)(1), is amended by adding at the
end the following new paragraph:
``(49) The term `stowaway' means any alien who obtains
transportation without the consent of the owner, charterer,
master or person in command of any vessel or aircraft through
concealment aboard such vessel or aircraft. A passenger who
boards with a valid ticket is not to be considered a
stowaway.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on the date of the enactment of this Act.
SEC. 362. TRANSPORTATION CONTRACTS.
(a) Coverage of Noncontiguous Territory.--Section 238 (8
U.S.C. 1228), before redesignation as section 233 under section
308(b)(4), is amended--
(1) in the heading, by striking ``contiguous'', and
(2) by striking ``contiguous'' each place it
appears in subsections (a), (b), and (d).
(b) Coverage of Railroad Train.--Subsection (d) of such
section is further amended by inserting ``or railroad train''
after ``aircraft''.
Subtitle F--Additional Provisions
SEC. 371. IMMIGRATION JUDGES AND COMPENSATION.
(a) Definition of Term.--Paragraph (4) of section 101(b) (8
U.S.C. 1101(b)) is amended to read as follows:
``(4) The term `immigration judge' means an attorney whom
the Attorney General appoints as an administrative judge within
the Executive Office for Immigration Review, qualified to
conduct specified classes of proceedings, including a hearing
under section 240. An immigration judge shall be subject to
such supervision and shall perform such duties as the Attorney
General shall prescribe, but shall not be employed by the
Immigration and Naturalization Service.''.
(b) Substitution for Term ``Special Inquiry Officer''.--The
Immigration and Nationality Act is amended by striking ``a
special inquiry officer'', ``A special inquiry officer'',
``special inquiry officer'', and ``special inquiry officers''
and inserting ``an immigration judge'', ``An immigration
judge'', ``immigration judge'', and ``immigration judges'',
respectively, each place it appears in the following sections:
(1) Section 106(a)(2) (8 U.S.C. 1105a(a)(2)),
before its repeal by section 306(c).
(2) Section 209(a)(2) (8 U.S.C. 1159(a)(2)).
(3) Section 234 (8 U.S.C. 1224), before
redesignation by section 308(b).
(4) Section 235 (8 U.S.C. 1225), before amendment
by section 302(a).
(5) Section 236 (8 U.S.C. 1226), before amendment
by section 303.
(6) Section 242(b) (8 U.S.C. 1252(b)), before
amendment by section 306(a)(2).
(7) Section 242B(d)(1) (8 U.S.C. 1252b(d)(1)),
before repeal by section 306(b)(6).
(8) Section 273(d) (8 U.S.C. 1323(d)), before its
repeal by section 308(e)(13).
(9) Section 292 (8 U.S.C. 1362).
(c) Compensation for Immigration Judges.--
(1) In general.--There shall be four levels of pay
for immigration judges, under the Immigration Judge
Schedule (designated as IJ-1, 2, 3, and 4,
respectively), and each such judge shall be paid at one
of those levels, in accordance with the provisions of
this subsection.
(2) Rates of pay.--
(A) The rates of basic pay for the levels
established under paragraph (1) shall be as
follows:
IJ-1..............70% of the next to highest rate of basic pay for the
Senior Executive Service
IJ-2..............80% of the next to highest rate of basic pay for the
Senior Executive Service
IJ-3..............90% of the next to highest rate of basic pay for the
Senior Executive Service
IJ-4..............92% of the next to highest rate of basic pay for the
Senior Executive Service.
(B) Locality pay, where applicable, shall
be calculated into the basic pay for
immigration judges.
(3) Appointment.--
(A) Upon appointment, an immigration judge
shall be paid at IJ-1, and shall be advanced to
IJ-2 upon completion of 104 weeks of service,
to IJ-3 upon completion of 104 weeks of service
in the next lower rate, and to IJ-4 upon
completion of 52 weeks of service in the next
lower rate.
(B) Notwithstanding subparagraph (A), the
Attorney General may provide for appointment of
an immigration judge at an advanced rate under
such circumstances as the Attorney General may
determine appropriate.
(4) Transition.--Immigration judges serving as of
the effective date shall be paid at the rate that
corresponds to the amount of time, as provided under
paragraph (3)(A), that they have served as an
immigration judge, and in no case shall be paid less
after the effective date than the rate of pay prior to
the effective date.
(d) Effective Dates.--
(1) Subsections (a) and (b) shall take effect on
the date of the enactment of this Act.
(2) Subsection (c) shall take effect 90 days after
the date of the enactment of this Act.
SEC. 372. DELEGATION OF IMMIGRATION ENFORCEMENT AUTHORITY.
Section 103(a) (8 U.S.C. 1103(a)) is amended--
(1) inserting ``(1)'' after ``(a)'',
(2) by designating each sentence (after the first
sentence) as a separate paragraph with appropriate
consecutive numbering and initial indentation,
(3) by adding at the end the following new
paragraph:
``(8) In the event the Attorney General determines that an
actual or imminent mass influx of aliens arriving off the coast
of the United States, or near a land border, presents urgent
circumstances requiring an immediate Federal response, the
Attorney General may authorize any State or local law
enforcement officer, with the consent of the head of the
department, agency, or establishment under whose jurisdiction
the individual is serving, to perform or exercise any of the
powers, privileges, or duties conferred or imposed by this Act
or regulations issued thereunder upon officers or employees of
the Service.''.
SEC. 373. POWERS AND DUTIES OF THE ATTORNEY GENERAL AND THE
COMMISSIONER.
Section 103 (8 U.S.C. 1103) is amended--
(1) by adding at the end of subsection (a) the
following new paragraph:
``(9) The Attorney General, in support of persons in
administrative detention in non-Federal institutions, is
authorized--
``(A) to make payments from funds appropriated for
the administration and enforcement of the laws relating
to immigration, naturalization, and alien registration
for necessary clothing, medical care, necessary guard
hire, and the housing, care, and security of persons
detained by the Service pursuant to Federal law under
an agreement with a State or political subdivision of a
State; and
``(B) to enter into a cooperative agreement with
any State, territory, or political subdivision thereof,
for the necessary construction, physical renovation,
acquisition of equipment, supplies or materials
required to establish acceptable conditions of
confinement and detention services in any State or unit
of local government which agrees to provide guaranteed
bed space for persons detained by the Service.''; and
(2) by adding at the end of subsection (c), as
redesignated by section 102(d)(1), the following: ``The
Commissioner may enter into cooperative agreements with
State and local law enforcement agencies for the
purpose of assisting in the enforcement of the
immigration laws.''.
SEC. 374. JUDICIAL DEPORTATION.
(a) In General.--Section 242A(d) (8 U.S.C. 1252a(d)), as
added by section 224(a) of Immigration and Nationality
Technical Corrections Act of 1994 and before redesignation by
section 308(b)(5), is amended--
(1) in paragraph (1), by striking ``whose criminal
conviction causes such alien to be deportable under
section 241(a)(2)(A)'' and inserting ``who is
deportable'';
(2) in paragraph (4), by striking ``without a
decision on the merits''; and
(3) by adding at the end the following new
paragraph:
``(5) Stipulated judicial order of deportation.--
The United States Attorney, with the concurrence of the
Commissioner, may, pursuant to Federal Rule of Criminal
Procedure 11, enter into a plea agreement which calls
for the alien, who is deportable under this Act, to
waive the right to notice and a hearing under this
section, and stipulate to the entry of a judicial order
of deportation from the United States as a condition of
the plea agreement or as a condition of probation or
supervised release, or both. The United States district
court, in both felony and misdemeanor cases, and a
United States magistrate judge in misdemeanor cases,
may accept such a stipulation and shall have
jurisdiction to enter a judicial order of deportation
pursuant to the terms of such stipulation.''.
(b) Deportation As a Condition of Probation.--Section
3563(b) of title 18, United States Code, is amended--
(1) by striking ``or'' at the end of paragraph
(20);
(2) by redesignating paragraph (21) as paragraph
(22); and
(3) by inserting after paragraph (20) the following
new paragraph:
``(21) be ordered deported by a United States
district court, or United States magistrate judge,
pursuant to a stipulation entered into by the defendant
and the United States under section 242A(d)(5) of the
Immigration and Nationality Act, except that, in the
absence of a stipulation, the United States district
court or a United States magistrate judge, may order
deportation as a condition of probation, if, after
notice and hearing pursuant to such section, the
Attorney General demonstrates by clear and convincing
evidence that the alien is deportable; or''.
(c) Effective Date.--The amendment made by subsection
(a)(2) shall be effective as if included in the enactment of
section 224(a) of the Immigration and Nationality Technical
Corrections Act of 1994.
SEC. 375. LIMITATION ON ADJUSTMENT OF STATUS.
Section 245(c) (8 U.S.C. 1255(c)) is amended--
(1) by striking ``or (6)'' and inserting ``(6)'';
and
(2) by inserting before the period at the end the
following: ``; (7) any alien who seeks adjustment of
status to that of an immigrant under section 203(b) and
is not in a lawful nonimmigrant status; or (8) any
alien who was employed while the alien was an
unauthorized alien, as defined in section 274A(h)(3),
or who has otherwise violated the terms of a
nonimmigrant visa''.
SEC. 376. TREATMENT OF CERTAIN FEES.
(a) Increase in Fee.--Section 245(i) (8 U.S.C. 1255(i)), as
added by section 506(b) of Public Law 103-317, is amended--
(1) in paragraph (1), by striking ``five times the
fee required for the processing of applications under
this section'' and inserting ``$1,000''; and
(2) by amending paragraph (3) to read as follows:
``(3)(A) The portion of each application fee (not to exceed
$200) that the Attorney General determines is required to
process an application under this section and is remitted to
the Attorney General pursuant to paragraphs (1) and (2) of this
subsection shall be disposed of by the Attorney General as
provided in subsections (m), (n), and (o) of section 286.
``(B) Any remaining portion of such fees remitted under
such paragraphs shall be deposited by the Attorney General into
the Immigration Detention Account established under section
286(s).''.
(b) Immigration Detention Account.--Section 286 (8 U.S.C.
1356) is amended by adding at the end the following new
subsection:
``(s) Immigration Detention Account.--(1) There is
established in the general fund of the Treasury a separate
account which shall be known as the `Immigration Detention
Account'. Notwithstanding any other section of this title,
there shall be deposited as offsetting receipts into the
Immigration Detention Account amounts described in section
245(i)(3)(B) to remain available until expended.
``(2)(A) The Secretary of the Treasury shall refund out of
the Immigration Detention Account to any appropriation the
amount paid out of such appropriation for expenses incurred by
the Attorney General for the detention of aliens under sections
236(c) and 241(a).
``(B) The amounts which are required to be refunded under
subparagraph (A) shall be refunded at least quarterly on the
basis of estimates made by the Attorney General of the expenses
referred to in subparagraph (A). Proper adjustments shall be
made in the amounts subsequently refunded under subparagraph
(A) to the extent prior estimates were in excess of, or less
than, the amount required to be refunded under subparagraph
(A).
``(C) The amounts required to be refunded from the
Immigration Detention Account for fiscal year 1997 and
thereafter shall be refunded in accordance with estimates made
in the budget request of the Attorney General for those fiscal
years. Any proposed changes in the amounts designated in such
budget requests shall only be made after notification to the
Committees on Appropriations of the House of Representatives
and the Senate in accordance with section 605 of Public Law
104-134.
``(D) The Attorney General shall prepare and submit
annually to the Congress statements of financial condition of
the Immigration Detention Account, including beginning account
balance, revenues, withdrawals, and ending account balance and
projection for the ensuing fiscal year.''.
(c) Effective Date.--The amendments made by this section
shall apply to applications made on or after the end of the 90-
day period beginning on the date of the enactment of this Act.
SEC. 377. LIMITATION ON LEGALIZATION LITIGATION.
(a) Limitation on Court Jurisdiction.--Section 245A(f)(4)
(8 U.S.C. 1255a(f)(4)) is amended by adding at the end the
following new subparagraph:
``(C) Jurisdiction of courts.--
Notwithstanding any other provision of law, no
court shall have jurisdiction of any cause of
action or claim by or on behalf of any person
asserting an interest under this section unless
such person in fact filed an application under
this section within the period specified by
subsection (a)(1), or attempted to file a
complete application and application fee with
an authorized legalization officer of the
Service but had the application and fee refused
by that officer.''.
(b) Effective Date.--The amendment made by subsection (a)
shall be effective as if included in the enactment of the
Immigration Reform and Control Act of 1986.
SEC. 378. RESCISSION OF LAWFUL PERMANENT RESIDENT STATUS.
(a) In General.--Section 246(a) (8 U.S.C. 1256(a)) is
amended by adding at the end the following sentence: ``Nothing
in this subsection shall require the Attorney General to
rescind the alien's status prior to commencement of procedures
to remove the alien under section 240, and an order of removal
issued by an immigration judge shall be sufficient to rescind
the alien's status.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on the title III-A effective date (as defined
in section 309(a)).
SEC. 379. ADMINISTRATIVE REVIEW OF ORDERS.
(a) In General.--Sections 274A(e)(7) and 274C(d)(4) (8
U.S.C. 1324a(e)(7), 1324c(d)(4)) are each amended--
(1) by striking ``unless, within 30 days, the
Attorney General modifies or vacates the decision and
order'' and inserting ``unless either (A) within 30
days, an official delegated by regulation to exercise
review authority over the decision and order modifies
or vacates the decision and order, or (B) within 30
days of the date of such a modification or vacation (or
within 60 days of the date of decision and order of an
administrative law judge if not so modified or vacated)
the decision and order is referred to the Attorney
General pursuant to regulations''; and
(2) by striking ``a final order'' and inserting
``the final agency decision and order''.
(b) Effective Date.--The amendments made by subsection (a)
shall apply to orders issued on or after the date of the
enactment of this Act.
SEC. 380. CIVIL PENALTIES FOR FAILURE TO DEPART.
(a) In General.--The Immigration and Nationality Act is
amended by inserting after section 274C the following new
section:
``civil penalties for failure to depart
``Sec. 274D. (a) In General.--Any alien subject to a final
order of removal who--
``(1) willfully fails or refuses to--
``(A) depart from the United States
pursuant to the order,
``(B) make timely application in good faith
for travel or other documents necessary for
departure, or
``(C) present for removal at the time and
place required by the Attorney General; or
``(2) conspires to or takes any action designed to
prevent or hamper the alien's departure pursuant to the
order,
shall pay a civil penalty of not more than $500 to the
Commissioner for each day the alien is in violation of this
section.
``(b) Construction.--Nothing in this section shall be
construed to diminish or qualify any penalties to which an
alien may be subject for activities proscribed by section
243(a) or any other section of this Act.''.
(b) Clerical Amendment.--The table of contents is amended
by inserting after the item relating to section 274C the
following new item:
``Sec. 274D. Civil penalties for failure to depart.''.
(c) Effective Date.--The amendment made by subsection (a)
shall apply to actions occurring on or after the title III-A
effective date (as defined in section 309(a)).
SEC. 381. CLARIFICATION OF DISTRICT COURT JURISDICTION.
(a) In General.--Section 279 (8 U.S.C. 1329) is amended--
(1) by amending the first sentence to read as
follows: ``The district courts of the United States
shall have jurisdiction of all causes, civil and
criminal, brought by the United States that arise under
the provisions of this title.'', and
(2) by adding at the end the following new
sentence: ``Nothing in this section shall be construed
as providing jurisdiction for suits against the United
States or its agencies or officers.''.
(b) Effective Date.--The amendments made by subsection (a)
shall apply to actions filed after the date of the enactment of
this Act.
SEC. 382. APPLICATION OF ADDITIONAL CIVIL PENALTIES TO ENFORCEMENT.
(a) In General.--Subsection (b) of section 280 (8 U.S.C.
1330) is amended to read as follows:
``(b)(1) There is established in the general fund of the
Treasury a separate account which shall be known as the
`Immigration Enforcement Account'. Notwithstanding any other
section of this title, there shall be deposited as offsetting
receipts into the Immigration Enforcement Account amounts
described in paragraph (2) to remain available until expended.
``(2) The amounts described in this paragraph are the
following:
``(A) The increase in penalties collected resulting
from the amendments made by sections 203(b) and 543(a)
of the Immigration Act of 1990.
``(B) Civil penalties collected under sections
240B(d), 274C, 274D, and 275(b).
``(3)(A) The Secretary of the Treasury shall refund out of
the Immigration Enforcement Account to any appropriation the
amount paid out of such appropriation for expenses incurred by
the Attorney General for activities that enhance enforcement of
provisions of this title. Such activities include--
``(i) the identification, investigation,
apprehension, detention, and removal of criminal
aliens;
``(ii) the maintenance and updating of a system to
identify and track criminal aliens, deportable aliens,
inadmissible aliens, and aliens illegally entering the
United States; and
``(iii) for the repair, maintenance, or
construction on the United States border, in areas
experiencing high levels of apprehensions of illegal
aliens, of structures to deter illegal entry into the
United States.
``(B) The amounts which are required to be refunded under
subparagraph (A) shall be refunded at least quarterly on the
basis of estimates made by the Attorney General of the expenses
referred to in subparagraph (A). Proper adjustments shall be
made in the amounts subsequently refunded under subparagraph
(A) to the extent prior estimates were in excess of, or less
than, the amount required to be refunded under subparagraph
(A).
``(C) The amounts required to be refunded from the
Immigration Enforcement Account for fiscal year 1996 and
thereafter shall be refunded in accordance with estimates made
in the budget request of the Attorney General for those fiscal
years. Any proposed changes in the amounts designated in such
budget requests shall only be made after notification to the
Committees on Appropriations of the House of Representatives
and the Senate in accordance with section 605 of Public Law
104-134.
``(D) The Attorney General shall prepare and submit
annually to the Congress statements of financial condition of
the Immigration Enforcement Account, including beginning
account balance, revenues, withdrawals, and ending account
balance and projection for the ensuing fiscal year.''.
(b) Immigration User Fee Account.--Section 286(h)(1)(B) (8
U.S.C. 1356(h)(1)(B)) is amended by striking ``271'' and
inserting ``243(c), 271,''.
(c) Effective Date.--The amendments made by this section
shall apply to fines and penalties collected on or after the
date of the enactment of this Act.
SEC. 383. EXCLUSION OF CERTAIN ALIENS FROM FAMILY UNITY PROGRAM.
(a) In General.--Section 301(e) of the Immigration Act of
1990 (8 U.S.C. 1255a note) is amended--
(1) by striking ``or'' at the end of paragraph (1),
(2) by striking the period at the end of paragraph
(2) and inserting ``, or'', and
(3) by adding at the end the following new
paragraph:
``(3) has committed an act of juvenile delinquency
which if committed by an adult would be classified as--
``(A) a felony crime of violence that has
an element the use or attempted use of physical
force against another individual, or
``(B) a felony offense that by its nature
involves a substantial risk that physical force
against another individual may be used in the
course of committing the offense.''.
(b) Effective Date.--The amendments made by subsection (a)
shall apply to benefits granted or extended after the date of
the enactment of this Act.
SEC. 384. PENALTIES FOR DISCLOSURE OF INFORMATION.
(a) In General.--Except as provided in subsection (b), in
no case may the Attorney General, or any other official or
employee of the Department of Justice (including any bureau or
agency of such Department)--
(1) make an adverse determination of admissibility
or deportability of an alien under the Immigration and
Nationality Act using information furnished solely by--
(A) a spouse or parent who has battered the
alien or subjected the alien to extreme
cruelty,
(B) a member of the spouse's or parent's
family residing in the same household as the
alien who has battered the alien or subjected
the alien to extreme cruelty when the spouse or
parent consented to or acquiesced in such
battery or cruelty,
(C) a spouse or parent who has battered the
alien's child or subjected the alien's child to
extreme cruelty (without the active
participation of the alien in the battery or
extreme cruelty), or
(D) a member of the spouse's or parent's
family residing in the same household as the
alien who has battered the alien's child or
subjected the alien's child to extreme cruelty
when the spouse or parent consented to or
acquiesced in such battery or cruelty and the
alien did not actively participate in such
battery or cruelty,
unless the alien has been convicted of a crime or
crimes listed in section 241(a)(2) of the Immigration
and Nationality Act; or
(2) permit use by or disclosure to anyone (other
than a sworn officer or employee of the Department, or
bureau or agency thereof, for legitimate Department,
bureau, or agency purposes) of any information which
relates to an alien who is the beneficiary of an
application for relief under clause (iii) or (iv) of
section 204(a)(1)(A), clause (ii) or (iii) of section
204(a)(1)(B), section 216(c)(4)(C), or section
244(a)(3) of such Act as an alien (or the parent of a
child) who has been battered or subjected to extreme
cruelty.
The limitation under paragraph (2) ends when the application
for relief is denied and all opportunities for appeal of the
denial have been exhausted.
(b) Exceptions.--
(1) The Attorney General may provide, in the
Attorney General's discretion, for the disclosure of
information in the same manner and circumstances as
census information may be disclosed by the Secretary of
Commerce under section 8 of title 13, United States
Code.
(2) The Attorney General may provide in the
discretion of the Attorney General for the disclosure
of information to law enforcement officials to be used
solely for a legitimate law enforcement purpose.
(3) Subsection (a) shall not be construed as
preventing disclosure of information in connection with
judicial review of a determination in a manner that
protects the confidentiality of such information.
(4) Subsection (a)(2) shall not apply if all the
battered individuals in the case are adults and they
have all waived the restrictions of such subsection.
(c) Penalties for Violations.--Anyone who willfully uses,
publishes, or permits information to be disclosed in violation
of this section shall be subject to appropriate disciplinary
action and subject to a civil money penalty of not more than
$5,000 for each such violation.
(d) Conforming Amendments to Other Disclosure
Restrictions.--
(1) In general.--The last sentence of section
210(b)(6) and the second sentence of section 245A(c)(5)
(8 U.S.C. 1255a(c)(5)) are each amended to read as
follows: ``Anyone who uses, publishes, or permits
information to be examined in violation of this
paragraph shall be subject to appropriate disciplinary
action and subject to a civil money penalty of not more
than $5,000 for each violation.''.
(2) Effective date.--The amendments made by this
subsection shall apply to offenses occurring on or
after the date of the enactment of this Act.
SEC. 385. AUTHORIZATION OF ADDITIONAL FUNDS FOR REMOVAL OF ALIENS.
In addition to the amounts otherwise authorized to be
appropriated for each fiscal year beginning with fiscal year
1996, there are authorized to be appropriated to the Attorney
General $150,000,000 for costs associated with the removal of
inadmissible or deportable aliens, including costs of detention
of such aliens pending their removal, the hiring of more
investigators, and the hiring of more detention and deportation
officers.
SEC. 386. INCREASE IN INS DETENTION FACILITIES; REPORT ON DETENTION
SPACE.
(a) Increase in Detention Facilities.--Subject to the
availability of appropriations, the Attorney General shall
provide for an increase in the detention facilities of the
Immigration and Naturalization Service to at least 9,000 beds
before the end of fiscal year 1997.
(b) Report on Detention Space.--
(1) In general.--Not later than 6 months after the
date of the enactment of this Act, and every 6 months
thereafter, the Attorney General shall submit a report
to the Committees on the Judiciary of the House of
Representatives and of the Senate estimating the amount
of detention space that will be required, during the
fiscal year in which the report is submitted and the
succeeding fiscal year, to detain--
(A) all aliens subject to detention under
section 236(c) of the Immigration and
Nationality Act (as amended by section 303 of
this title) and section 241(a) of the
Immigration and Nationality Act (as inserted by
section 305(a)(3) of this title);
(B) all excludable or deportable aliens
subject to proceedings under section 238 of the
Immigration and Nationality Act (as
redesignated by section 308(b)(5) of this
title) or section 235(b)(2)(A) or 240 of the
Immigration and Nationality Act; and
(C) other excludable or deportable aliens
in accordance with the priorities established
by the Attorney General.
(2) Estimate of number of aliens released into the
community.--
(A) Criminal aliens.--
(i) In general.--The first report
submitted under paragraph (1) shall
include an estimate of the number of
criminal aliens who, in each of the 3
fiscal years concluded prior to the
date of the report--
(I) were released from
detention facilities of the
Immigration and Naturalization
Service (whether operated
directly by the Service or
through contract with other
persons or agencies); or
(II) were not taken into
custody or detention by the
Service upon completion of
their incarceration.
(ii) Aliens convicted of aggravated
felonies.--The estimate under clause
(i) shall estimate separately, with
respect to each year described in such
clause, the number of criminal aliens
described in such clause who were
convicted of an aggravated felony.
(B) All excludable or deportable aliens.--
The first report submitted under paragraph (1)
shall also estimate the number of excludable or
deportable aliens who were released into the
community due to a lack of detention facilities
in each of the 3 fiscal years concluded prior
to the date of the report notwithstanding
circumstances that the Attorney General
believed justified detention (for example, a
significant probability that the released alien
would not appear, as agreed, at subsequent
exclusion or deportation proceedings).
(C) Subsequent reports.--Each report under
paragraph (1) following the first such report
shall include the estimates under subparagraphs
(A) and (B), made with respect to the 6-month
period immediately preceding the date of the
submission of the report.
SEC. 387. PILOT PROGRAM ON USE OF CLOSED MILITARY BASES FOR THE
DETENTION OF INADMISSIBLE OR DEPORTABLE ALIENS.
(a) Establishment.--The Attorney General and the Secretary
of Defense shall establish one or more pilot programs for up to
2 years each to determine the feasibility of the use of
military bases, available because of actions under a base
closure law, as detention centers by the Immigration and
Naturalization Service. In selecting real property at a
military base for use as a detention center under the pilot
program, the Attorney General and the Secretary shall consult
with the redevelopment authority established for the military
base and give substantial deference to the redevelopment plan
prepared for the military base.
(b) Report.--Not later than 30 months after the date of the
enactment of this Act, the Attorney General, together with the
Secretary of Defense, shall submit a report to the Committees
on the Judiciary of the House of Representatives and of the
Senate, and the Committees on Armed Services of the House of
Representatives and of the Senate, on the feasibility of using
military bases closed under a base closure law as detention
centers by the Immigration and Naturalization Service.
(c) Definition.--For purposes of this section, the term
``base closure law'' means each of the following:
(1) The Defense Base Closure and Realignment Act of
1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2687 note).
(2) Title II of the Defense Authorization
Amendments and Base Closure and Realignment Act (Public
Law 100-526; 10 U.S.C. 2687 note).
(3) Section 2687 of title 10, United States Code.
(4) Any other similar law enacted after the date of
the enactment of this Act.
SEC. 388. REPORT ON INTERIOR REPATRIATION PROGRAM.
Not later than 30 months after the date of the enactment of
this Act, the Attorney General, in consultation with the
Secretary of State, shall submit a report to the Committees on
the Judiciary of the House of Representatives and of the Senate
on the operation of the program of interior repatriation
developed under section 437 of the Antiterrorism and Effective
Death Penalty Act of 1996 (Public Law 104-132).
TITLE IV--ENFORCEMENT OF RESTRICTIONS AGAINST EMPLOYMENT
Subtitle A--Pilot Programs for Employment Eligibility Confirmation
SEC. 401. ESTABLISHMENT OF PROGRAMS.
(a) In General.--The Attorney General shall conduct 3 pilot
programs of employment eligibility confirmation under this
subtitle.
(b) Implementation Deadline; Termination.--The Attorney
General shall implement the pilot programs in a manner that
permits persons and other entities to have elections under
section 402 made and in effect no later than 1 year after the
date of the enactment of this Act. Unless the Congress
otherwise provides, the Attorney General shall terminate a
pilot program at the end of the 4-year period beginning on the
first day the pilot program is in effect.
(c) Scope of Operation of Pilot Programs.--The Attorney
General shall provide for the operation--
(1) of the basic pilot program (described in
section 403(a)) in, at a minimum, 5 of the 7 States
with the highest estimated population of aliens who are
not lawfully present in the United States;
(2) of the citizen attestation pilot program
(described in section 403(b)) in at least 5 States (or,
if fewer, all of the States) that meet the condition
described in section 403(b)(2)(A); and
(3) of the machine-readable-document pilot program
(described in section 403(c)) in at least 5 States (or,
if fewer, all of the States) that meet the condition
described in section 403(c)(2).
(d) References in Subtitle.--In this subtitle--
(1) Pilot program references.--The terms
``program'' or ``pilot program'' refer to any of the 3
pilot programs provided for under this subtitle.
(2) Confirmation system.--The term ``confirmation
system'' means the confirmation system established
under section 404.
(3) References to section 274a.--Any reference in
this subtitle to section 274A (or a subdivision of such
section) is deemed a reference to such section (or
subdivision thereof) of the Immigration and Nationality
Act.
(4) I-9 or similar form.--The term ``I-9 or similar
form'' means the form used for purposes of section
274A(b)(1)(A) or such other form as the Attorney
General determines to be appropriate.
(5) Limited application to recruiters and
referrers.--Any reference to recruitment or referral
(or a recruiter or referrer) in relation to employment
is deemed a reference only to such recruitment or
referral (or recruiter or referrer) that is subject to
section 274A(a)(1)(B)(ii).
(6) United states citizenship.--The term ``United
States citizenship'' includes United States
nationality.
(7) State.--The term ``State'' has the meaning
given such term in section 101(a)(36) of the
Immigration and Nationality Act.
SEC. 402. VOLUNTARY ELECTION TO PARTICIPATE IN A PILOT PROGRAM.
(a) Voluntary Election.--Subject to subsection (c)(3)(B),
any person or other entity that conducts any hiring (or
recruitment or referral) in a State in which a pilot program is
operating may elect to participate in that pilot program.
Except as specifically provided in subsection (e), the Attorney
General may not require any person or other entity to
participate in a pilot program.
(b) Benefit of Rebuttable Presumption.--
(1) In general.--If a person or other entity is
participating in a pilot program and obtains
confirmation of identity and employment eligibility in
compliance with the terms and conditions of the program
with respect to the hiring (or recruitment or referral)
of an individual for employment in the United States,
the person or entity has established a rebuttable
presumption that the person or entity has not violated
section 274A(a)(1)(A) with respect to such hiring (or
such recruitment or referral).
(2) Construction.--Paragraph (1) shall not be
construed as preventing a person or other entity that
has an election in effect under subsection (a) from
establishing an affirmative defense under section
274A(a)(3) if the person or entity complies with the
requirements of section 274A(a)(1)(B) but fails to
obtain confirmation under paragraph (1).
(c) General Terms of Elections.--
(1) In general.--An election under subsection (a)
shall be in such form and manner, under such terms and
conditions, and shall take effect, as the Attorney
General shall specify. The Attorney General may not
impose any fee as a condition of making an election or
participating in a pilot program.
(2) Scope of election.--
(A) In general.--Subject to paragraph (3),
any electing person or other entity may provide
that the election under subsection (a) shall
apply (during the period in which the election
is in effect)--
(i) to all its hiring (and all
recruitment or referral) in the State
(or States) in which the pilot program
is operating, or
(ii) to its hiring (or recruitment
or referral) in one or more pilot
program States or one or more places of
hiring (or recruitment or referral, as
the case may be) in the pilot program
States.
(B) Application of programs in non-pilot
program states.--In addition, the Attorney
General may permit a person or entity
electing--
(i) the basic pilot program
(described in section 403(a)) to
provide that the election applies to
its hiring (or recruitment or referral)
in one or more States or places of
hiring (or recruitment or referral) in
which the pilot program is not
otherwise operating, or
(ii) the citizen attestation pilot
program (described in 403(b)) or the
machine-readable-document pilot program
(described in section 403(c)) to
provide that the election applies to
its hiring (or recruitment or referral)
in one or more States or places of
hiring (or recruitment or referral) in
which the pilot program is not
otherwise operating but only if such
States meet the requirements of
403(b)(2)(A) and 403(c)(2),
respectively.
(3) Acceptance and rejection of elections.--
(A) In general.--Except as provided in
subparagraph (B), the Attorney General shall
accept all elections made under subsection (a).
(B) Rejection of elections.--The Attorney
General may reject an election by a person or
other entity under this section or limit its
applicability to certain States or places of
hiring (or recruitment or referral) if the
Attorney General has determined that there are
insufficient resources to provide appropriate
services under a pilot program for the person's
or entity's hiring (or recruitment or referral)
in any or all States or places of hiring.
(4) Termination of elections.--The Attorney General
may terminate an election by a person or other entity
under this section because the person or entity has
substantially failed to comply with its obligations
under the pilot program. A person or other entity may
terminate an election in such form and manner as the
Attorney General shall specify.
(d) Consultation, Education, and Publicity.--
(1) Consultation.--The Attorney General shall
closely consult with representatives of employers (and
recruiters and referrers) in the development and
implementation of the pilot programs, including the
education of employers (and recruiters and referrers)
about such programs.
(2) Publicity.--The Attorney General shall widely
publicize the election process and pilot programs,
including the voluntary nature of the pilot programs
and the advantages to employers (and recruiters and
referrers) of making an election under this section.
(3) Assistance through district offices.--The
Attorney General shall designate one or more
individuals in each District office of the Immigration
and Naturalization Service for a Service District in
which a pilot program is being implemented--
(A) to inform persons and other entities
that seek information about pilot programs of
the voluntary nature of such programs, and
(B) to assist persons and other entities in
electing and participating in any pilot
programs in effect in the District, in
complying with the requirements of section
274A, and in facilitating confirmation of the
identity and employment eligibility of
individuals consistent with such section.
(e) Select Entities Required to Participate in a Pilot
Program.--
(1) Federal government.--
(A) Executive departments.--
(i) In general.--Each Department of
the Federal Government shall elect to
participate in a pilot program and
shall comply with the terms and
conditions of such an election.
(ii) Election.--Subject to clause
(iii), the Secretary of each such
Department--
(I) shall elect the pilot
program (or programs) in which
the Department shall
participate, and
(II) may limit the election
to hiring occurring in certain
States (or geographic areas)
covered by the program (or
programs) and in specified
divisions within the
Department, so long as all
hiring by such divisions and in
such locations is covered.
(iii) Role of attorney general.--
The Attorney General shall assist and
coordinate elections under this
subparagraph in such manner as assures
that--
(I) a significant portion
of the total hiring within each
Department within States
covered by a pilot program is
covered under such a program,
and
(II) there is significant
participation by the Federal
Executive branch in each of the
pilot programs.
(B) Legislative branch.--Each Member of
Congress, each officer of Congress, and the
head of each agency of the legislative branch,
that conducts hiring in a State in which a
pilot program is operating shall elect to
participate in a pilot program, may specify
which pilot program or programs (if there is
more than one) in which the Member, officer, or
agency will participate, and shall comply with
the terms and conditions of such an election.
(2) Application to certain violators.--An order
under section 274A(e)(4) or section 274B(g) of the
Immigration and Nationality Act may require the subject
of the order to participate in, and comply with the
terms of, a pilot program with respect to the subject's
hiring (or recruitment or referral) of individuals in a
State covered by such a program.
(3) Consequence of failure to participate.--If a
person or other entity is required under this
subsection to participate in a pilot program and fails
to comply with the requirements of such program with
respect to an individual--
(A) such failure shall be treated as a
violation of section 274A(a)(1)(B) with respect
to that individual, and
(B) a rebuttable presumption is created
that the person or entity has violated section
274A(a)(1)(A).
Subparagraph (B) shall not apply in any prosecution
under section 274A(f)(1).
(f) Construction.--This subtitle shall not affect the
authority of the Attorney General under any other law
(including section 274A(d)(4)) to conduct demonstration
projects in relation to section 274A.
SEC. 403. PROCEDURES FOR PARTICIPANTS IN PILOT PROGRAMS.
(a) Basic Pilot Program.--A person or other entity that
elects to participate in the basic pilot program described in
this subsection agrees to conform to the following procedures
in the case of the hiring (or recruitment or referral) for
employment in the United States of each individual covered by
the election:
(1) Provision of additional information.--The
person or entity shall obtain from the individual (and
the individual shall provide) and shall record on the
I-9 or similar form--
(A) the individual's social security
account number, if the individual has been
issued such a number, and
(B) if the individual does not attest to
United States citizenship under section
274A(b)(2), such identification or
authorization number established by the
Immigration and Naturalization Service for the
alien as the Attorney General shall specify,
and shall retain the original form and make it
available for inspection for the period and in the
manner required of I-9 forms under section 274A(b)(3).
(2) Presentation of documentation.--
(A) In general.--The person or other
entity, and the individual whose identity and
employment eligibility are being confirmed,
shall, subject to subparagraph (B), fulfill the
requirements of section 274A(b) with the
following modifications:
(i) A document referred to in
section 274A(b)(1)(B)(ii) (as
redesignated by section 412(a)) must be
designated by the Attorney General as
suitable for the purpose of
identification in a pilot program.
(ii) A document referred to in
section 274A(b)(1)(D) must contain a
photograph of the individual.
(iii) The person or other entity
has complied with the requirements of
section 274A(b)(1) with respect to
examination of a document if the
document reasonably appears on its face
to be genuine and it reasonably appears
to pertain to the individual whose
identity and work eligibility is being
confirmed.
(B) Limitation of requirement to examine
documentation.--If the Attorney General finds
that a pilot program would reliably determine
with respect to an individual whether--
(i) the person with the identity
claimed by the individual is authorized
to work in the United States, and
(ii) the individual is claiming the
identity of another person,
if a person or entity could fulfill the
requirement to examine documentation contained
in subparagraph (A) of section 274A(b)(1) by
examining a document specified in either
subparagraph (B) or (D) of such section, the
Attorney General may provide that, for purposes
of such requirement, only such a document need
be examined. In such case, any reference in
section 274A(b)(1)(A) to a verification that an
individual is not an unauthorized alien shall
be deemed to be a verification of the
individual's identity.
(3) Seeking confirmation.--
(A) In general.--The person or other entity
shall make an inquiry, as provided in section
404(a)(1), using the confirmation system to
seek confirmation of the identity and
employment eligibility of an individual, by not
later than the end of 3 working days (as
specified by the Attorney General) after the
date of the hiring (or recruitment or referral,
as the case may be).
(B) Extension of time period.--If the
person or other entity in good faith attempts
to make an inquiry during such 3 working days
and the confirmation system has registered that
not all inquiries were received during such
time, the person or entity can make an inquiry
in the first subsequent working day in which
the confirmation system registers that it has
received all inquiries. If the confirmation
system cannot receive inquiries at all times
during a day, the person or entity merely has
to assert that the entity attempted to make the
inquiry on that day for the previous sentence
to apply to such an inquiry, and does not have
to provide any additional proof concerning such
inquiry.
(4) Confirmation or nonconfirmation.--
(A) Confirmation upon initial inquiry.--If
the person or other entity receives an
appropriate confirmation of an individual's
identity and work eligibility under the
confirmation system within the time period
specified under section 404(b), the person or
entity shall record on the I-9 or similar form
an appropriate code that is provided under the
system and that indicates a final confirmation
of such identity and work eligibility of the
individual.
(B) Nonconfirmation upon initial inquiry
and secondary verification.--
(i) Nonconfirmation.--If the person
or other entity receives a tentative
nonconfirmation of an individual's
identity or work eligibility under the
confirmation system within the time
period specified under 404(b), the
person or entity shall so inform the
individual for whom the confirmation is
sought.
(ii) No contest.--If the individual
does not contest the nonconfirmation
within the time period specified in
section 404(c), the nonconfirmation
shall be considered final. The person
or entity shall then record on the I-9
or similar form an appropriate code
which has been provided under the
system to indicate a tentative
nonconfirmation.
(iii) Contest.--If the individual
does contest the nonconfirmation, the
individual shall utilize the process
for secondary verification provided
under section 404(c). The
nonconfirmation will remain tentative
until a final confirmation or
nonconfirmation is provided by the
confirmation system within the time
period specified in such section. In no
case shall an employer terminate
employment of an individual because of
a failure of the individual to have
identity and work eligibility confirmed
under this section until a
nonconfirmation becomes final. Nothing
in this clause shall apply to a
termination of employment for any
reason other than because of such a
failure.
(iv) Recording of conclusion on
form.--If a final confirmation or
nonconfirmation is provided by the
confirmation system under section
404(c) regarding an individual, the
person or entity shall record on the I-
9 or similar form an appropriate code
that is provided under the system and
that indicates a confirmation or
nonconfirmation of identity and work
eligibility of the individual.
(C) Consequences of nonconfirmation.--
(i) Termination or notification of
continued employment.--If the person or
other entity has received a final
nonconfirmation regarding an individual
under subparagraph (B), the person or
entity may terminate employment (or
recruitment or referral) of the
individual. If the person or entity
does not terminate employment (or
recruitment or referral) of the
individual, the person or entity shall
notify the Attorney General of such
fact through the confirmation system or
in such other manner as the Attorney
General may specify.
(ii) Failure to notify.--If the
person or entity fails to provide
notice with respect to an individual as
required under clause (i), the failure
is deemed to constitute a violation of
section 274A(a)(1)(B) with respect to
that individual and the applicable
civil monetary penalty under section
274A(e)(5) shall be (notwithstanding
the amounts specified in such section)
no less than $500 and no more than
$1,000 for each individual with respect
to whom such violation occurred.
(iii) Continued employment after
final nonconfirmation.--If the person
or other entity continues to employ (or
to recruit or refer) an individual
after receiving final nonconfirmation,
a rebuttable presumption is created
that the person or entity has violated
section 274A(a)(1)(A). The previous
sentence shall not apply in any
prosecution under section 274A(f)(1).
(b) Citizen Attestation Pilot Program.--
(1) In general.--Except as provided in paragraphs
(3) through (5), the procedures applicable under the
citizen attestation pilot program under this subsection
shall be the same procedures as those under the basic
pilot program under subsection (a).
(2) Restrictions.--
(A) State document requirement to
participate in pilot program.--The Attorney
General may not provide for the operation of
the citizen attestation pilot program in a
State unless each driver's license or similar
identification document described in section
274A(b)(1)(D)(i) issued by the State--
(i) contains a photograph of the
individual involved, and
(ii) has been determined by the
Attorney General to have security
features, and to have been issued
through application and issuance
procedures, which make such document
sufficiently resistant to
counterfeiting, tampering, and
fraudulent use that it is a reliable
means of identification for purposes of
this section.
(B) Authorization to limit employer
participation.--The Attorney General may
restrict the number of persons or other
entities that may elect to participate in the
citizen attestation pilot program under this
subsection as the Attorney General determines
to be necessary to produce a representative
sample of employers and to reduce the potential
impact of fraud.
(3) No confirmation required for certain
individuals attesting to u.s. citizenship.--In the case
of a person or other entity hiring (or recruiting or
referring) an individual under the citizen attestation
pilot program, if the individual attests to United
States citizenship (under penalty of perjury on an I-9
or similar form which form states on its face the
criminal and other penalties provided under law for a
false representation of United States citizenship)--
(A) the person or entity may fulfill the
requirement to examine documentation contained
in subparagraph (A) of section 274A(b)(1) by
examining a document specified in either
subparagraph (B)(i) or (D) of such section; and
(B) the person or other entity is not
required to comply with respect to such
individual with the procedures described in
paragraphs (3) and (4) of subsection (a), but
only if the person or entity retains the form
and makes it available for inspection in the
same manner as in the case of an I-9 form under
section 274A(b)(3).
(4) Waiver of document presentation requirement in
certain cases.--
(A) In general.--In the case of a person or
entity that elects, in a manner specified by
the Attorney General consistent with
subparagraph (B), to participate in the pilot
program under this paragraph, if an individual
being hired (or recruited or referred) attests
(in the manner described in paragraph (3)) to
United States citizenship and the person or
entity retains the form on which the
attestation is made and makes it available for
inspection in the same manner as in the case of
an I-9 form under section 274A(b)(3), the
person or entity is not required to comply with
the procedures described in section 274A(b).
(B) Restriction.--The Attorney General
shall restrict the election under this
paragraph to no more than 1,000 employers and,
to the extent practicable, shall select among
employers seeking to make such election in a
manner that provides for such an election by a
representative sample of employers.
(5) Nonreviewable determinations.--The
determinations of the Attorney General under paragraphs
(2) and (4) are within the discretion of the Attorney
General and are not subject to judicial or
administrative review.
(c) Machine-Readable-Document Pilot Program.--
(1) In general.--Except as provided in paragraph
(3), the procedures applicable under the machine-
readable-document pilot program under this subsection
shall be the same procedures as those under the basic
pilot program under subsection (a).
(2) State document requirement to participate in
pilot program.--The Attorney General may not provide
for the operation of the machine-readable-document
pilot program in a State unless driver's licenses and
similar identification documents described in section
274A(b)(1)(D)(i) issued by the State include a machine-
readable social security account number.
(3) Use of machine-readable documents.--If the
individual whose identity and employment eligibility
must be confirmed presents to the person or entity
hiring (or recruiting or referring) the individual a
license or other document described in paragraph (2)
that includes a machine-readable social security
account number, the person or entity must make an
inquiry through the confirmation system by using a
machine-readable feature of such document. If the
individual does not attest to United States citizenship
under section 274A(b)(2), the individual's
identification or authorization number described in
subsection (a)(1)(B) shall be provided as part of the
inquiry.
(d) Protection from Liability for Actions Taken on the
Basis of Information Provided by the Confirmation System.--No
person or entity participating in a pilot program shall be
civilly or criminally liable under any law for any action taken
in good faith reliance on information provided through the
confirmation system.
SEC. 404. EMPLOYMENT ELIGIBILITY CONFIRMATION SYSTEM.
(a) In General.--The Attorney General shall establish a
pilot program confirmation system through which the Attorney
General (or a designee of the Attorney General, which may be a
nongovernmental entity)--
(1) responds to inquiries made by electing persons
and other entities (including those made by the
transmittal of data from machine-readable documents
under the machine-readable pilot program) at any time
through a toll-free telephone line or other toll-free
electronic media concerning an individual's identity
and whether the individual is authorized to be
employed, and
(2) maintains records of the inquiries that were
made, of confirmations provided (or not provided), and
of the codes provided to inquirers as evidence of their
compliance with their obligations under the pilot
programs.
To the extent practicable, the Attorney General shall seek to
establish such a system using one or more nongovernmental
entities.
(b) Initial Response.--The confirmation system shall
provide confirmation or a tentative nonconfirmation of an
individual's identity and employment eligibility within 3
working days of the initial inquiry. If providing confirmation
or tentative nonconfirmation, the confirmation system shall
provide an appropriate code indicating such confirmation or
such nonconfirmation.
(c) Secondary Verification Process in Case of Tentative
Nonconfirmation.--In cases of tentative nonconfirmation, the
Attorney General shall specify, in consultation with the
Commissioner of Social Security and the Commissioner of the
Immigration and Naturalization Service, an available secondary
verification process to confirm the validity of information
provided and to provide a final confirmation or nonconfirmation
within 10 working days after the date of the tentative
nonconfirmation. When final confirmation or nonconfirmation is
provided, the confirmation system shall provide an appropriate
code indicating such confirmation or nonconfirmation.
(d) Design and Operation of System.--The confirmation
system shall be designed and operated--
(1) to maximize its reliability and ease of use by
persons and other entities making elections under
section 402(a) consistent with insulating and
protecting the privacy and security of the underlying
information;
(2) to respond to all inquiries made by such
persons and entities on whether individuals are
authorized to be employed and to register all times
when such inquiries are not received;
(3) with appropriate administrative, technical, and
physical safeguards to prevent unauthorized disclosure
of personal information; and
(4) to have reasonable safeguards against the
system's resulting in unlawful discriminatory practices
based on national origin or citizenship status,
including--
(A) the selective or unauthorized use of
the system to verify eligibility;
(B) the use of the system prior to an offer
of employment; or
(C) the exclusion of certain individuals
from consideration for employment as a result
of a perceived likelihood that additional
verification will be required, beyond what is
required for most job applicants.
(e) Responsibilities of the Commissioner of Social
Security.--As part of the confirmation system, the Commissioner
of Social Security, in consultation with the entity responsible
for administration of the system, shall establish a reliable,
secure method, which, within the time periods specified under
subsections (b) and (c), compares the name and social security
account number provided in an inquiry against such information
maintained by the Commissioner in order to confirm (or not
confirm) the validity of the information provided regarding an
individual whose identity and employment eligibility must be
confirmed, the correspondence of the name and number, and
whether the individual has presented a social security account
number that is not valid for employment. The Commissioner shall
not disclose or release social security information (other than
such confirmation or nonconfirmation).
(f) Responsibilities of the Commissioner of the Immigration
and Naturalization Service.--As part of the confirmation
system, the Commissioner of the Immigration and Naturalization
Service, in consultation with the entity responsible for
administration of the system, shall establish a reliable,
secure method, which, within the time periods specified under
subsections (b) and (c), compares the name and alien
identification or authorization number described in section
403(a)(1)(B) which are provided in an inquiry against such
information maintained by the Commissioner in order to confirm
(or not confirm) the validity of the information provided, the
correspondence of the name and number, and whether the alien is
authorized to be employed in the United States.
(g) Updating Information.--The Commissioners of Social
Security and the Immigration and Naturalization Service shall
update their information in a manner that promotes the maximum
accuracy and shall provide a process for the prompt correction
of erroneous information, including instances in which it is
brought to their attention in the secondary verification
process described in subsection (c).
(h) Limitation on Use of the Confirmation System and Any
Related Systems.--
(1) In general.--Notwithstanding any other
provision of law, nothing in this subtitle shall be
construed to permit or allow any department, bureau, or
other agency of the United States Government to utilize
any information, data base, or other records assembled
under this subtitle for any other purpose other than as
provided for under a pilot program.
(2) No national identification card.--Nothing in
this subtitle shall be construed to authorize, directly
or indirectly, the issuance or use of national
identification cards or the establishment of a national
identification card.
SEC. 405. REPORTS.
The Attorney General shall submit to the Committees on the
Judiciary of the House of Representatives and of the Senate
reports on the pilot programs within 3 months after the end of
the third and fourth years in which the programs are in effect.
Such reports shall--
(1) assess the degree of fraudulent attesting of
United States citizenship,
(2) include recommendations on whether or not the
pilot programs should be continued or modified, and
(3) assess the benefits of the pilot programs to
employers and the degree to which they assist in the
enforcement of section 274A.
Subtitle B--Other Provisions Relating to Employer Sanctions
SEC. 411. LIMITING LIABILITY FOR CERTAIN TECHNICAL VIOLATIONS OF
PAPERWORK REQUIREMENTS.
(a) In General.--Section 274A(b) (8 U.S.C. 1324a(b)) is
amended by adding at the end the following new paragraph:
``(6) Good faith compliance.--
``(A) In general.--Except as provided in
subparagraphs (B) and (C), a person or entity
is considered to have complied with a
requirement of this subsection notwithstanding
a technical or procedural failure to meet such
requirement if there was a good faith attempt
to comply with the requirement.
``(B) Exception if failure to correct after
notice.--Subparagraph (A) shall not apply if--
``(i) the Service (or another
enforcement agency) has explained to
the person or entity the basis for the
failure,
``(ii) the person or entity has
been provided a period of not less than
10 business days (beginning after the
date of the explanation) within which
to correct the failure, and
``(iii) the person or entity has
not corrected the failure voluntarily
within such period.
``(C) Exception for pattern or practice
violators.--Subparagraph (A) shall not apply to
a person or entity that has or is engaging in a
pattern or practice of violations of subsection
(a)(1)(A) or (a)(2).''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply to failures occurring on or after the date of the
enactment of this Act.
SEC. 412. PAPERWORK AND OTHER CHANGES IN THE EMPLOYER SANCTIONS
PROGRAM.
(a) Reducing the Number of Documents Accepted for
Employment Verification.--Section 274A(b)(1) (8 U.S.C.
1324a(b)(1)) is amended--
(1) in subparagraph (B)--
(A) by striking clauses (ii) through (iv),
(B) in clause (v), by striking ``or other
alien registration card, if the card'' and
inserting ``, alien registration card, or other
document designated by the Attorney General, if
the document'' and redesignating such clause as
clause (ii), and
(C) in clause (ii), as so redesignated--
(i) in subclause (I), by striking
``or'' before ``such other personal
identifying information'' and inserting
``and'',
(ii) by striking ``and'' at the end
of subclause (I),
(iii) by striking the period at the
end of subclause (II) and inserting ``,
and'', and
(iv) by adding at the end the
following new subclause:
``(III) contains security
features to make it resistant
to tampering, counterfeiting,
and fraudulent use.'';
(2) in subparagraph (C)--
(A) by adding ``or'' at the end of clause
(i),
(B) by striking clause (ii), and
(C) by redesignating clause (iii) as clause
(ii); and
(3) by adding at the end the following new
subparagraph:
``(E) Authority to prohibit use of certain
documents.--If the Attorney General finds, by
regulation, that any document described in
subparagraph (B), (C), or (D) as establishing
employment authorization or identity does not
reliably establish such authorization or
identity or is being used fraudulently to an
unacceptable degree, the Attorney General may
prohibit or place conditions on its use for
purposes of this subsection.''.
(b) Reduction of Paperwork for Certain Employees.--Section
274A(a) (8 U.S.C. 1324a(a)) is amended by adding at the end the
following new paragraph:
``(6) Treatment of documentation for certain
employees.--
``(A) In general.--For purposes of this
section, if--
``(i) an individual is a member of
a collective-bargaining unit and is
employed, under a collective bargaining
agreement entered into between one or
more employee organizations and an
association of two or more employers,
by an employer that is a member of such
association, and
``(ii) within the period specified
in subparagraph (B), another employer
that is a member of the association (or
an agent of such association on behalf
of the employer) has complied with the
requirements of subsection (b) with
respect to the employment of the
individual,
the subsequent employer shall be deemed to have
complied with the requirements of subsection
(b) with respect to the hiring of the employee
and shall not be liable for civil penalties
described in subsection (e)(5).
``(B) Period.--The period described in this
subparagraph is 3 years, or, if less, the
period of time that the individual is
authorized to be employed in the United States.
``(C) Liability.--
``(i) In general.--If any employer
that is a member of an association
hires for employment in the United
States an individual and relies upon
the provisions of subparagraph (A) to
comply with the requirements of
subsection (b) and the individual is an
alien not authorized to work in the
United States, then for the purposes of
paragraph (1)(A), subject to clause
(ii), the employer shall be presumed to
have known at the time of hiring or
afterward that the individual was an
alien not authorized to work in the
United States.
``(ii) Rebuttal of presumption.--
The presumption established by clause
(i) may be rebutted by the employer
only through the presentation of clear
and convincing evidence that the
employer did not know (and could not
reasonably have known) that the
individual at the time of hiring or
afterward was an alien not authorized
to work in the United States.
``(iii) Exception.--Clause (i)
shall not apply in any prosecution
under subsection (f)(1).''.
(c) Elimination of Dated Provisions.--Section 274A (8
U.S.C. 1324a) is amended by striking subsections (i) through
(n).
(d) Clarification of Application to Federal Government.--
Section 274A(a) (8 U.S.C. 1324a(a)), as amended by subsection
(b), is amended by adding at the end the following new
paragraph:
``(7) Application to federal government.--For
purposes of this section, the term `entity' includes an
entity in any branch of the Federal Government.''.
(e) Effective Dates.--
(1) The amendments made by subsection (a) shall
apply with respect to hiring (or recruitment or
referral) occurring on or after such date (not later
than 12 months after the date of the enactment of this
Act) as the Attorney General shall designate.
(2) The amendment made by subsection (b) shall
apply to individuals hired on or after 60 days after
the date of the enactment of this Act.
(3) The amendment made by subsection (c) shall take
effect on the date of the enactment of this Act.
(4) The amendment made by subsection (d) applies to
hiring occurring before, on, or after the date of the
enactment of this Act, but no penalty shall be imposed
under subsection (e) or (f) of section 274A of the
Immigration and Nationality Act for such hiring
occurring before such date.
SEC. 413. REPORT ON ADDITIONAL AUTHORITY OR RESOURCES NEEDED FOR
ENFORCEMENT OF EMPLOYER SANCTIONS PROVISIONS.
(a) In General.--Not later than 1 year after the date of
the enactment of this Act, the Attorney General shall submit to
the Committees on the Judiciary of the House of Representatives
and of the Senate a report on any additional authority or
resources needed--
(1) by the Immigration and Naturalization Service
in order to enforce section 274A of the Immigration and
Nationality Act, or
(2) by Federal agencies in order to carry out the
Executive Order of February 13, 1996 (entitled
``Economy and Efficiency in Government Procurement
Through Compliance with Certain Immigration and
Naturalization Act Provisions'') and to expand the
restrictions in such order to cover agricultural
subsidies, grants, job training programs, and other
Federally subsidized assistance programs.
(b) Reference to Increased Authorization of
Appropriations.--For provision increasing the authorization of
appropriations for investigators for violations of sections 274
and 274A of the Immigration and Nationality Act, see section
131.
SEC. 414. REPORTS ON EARNINGS OF ALIENS NOT AUTHORIZED TO WORK.
(a) In General.--Subsection (c) of section 290 (8 U.S.C.
1360) is amended to read as follows:
``(c)(1) Not later than 3 months after the end of each
fiscal year (beginning with fiscal year 1996), the Commissioner
of Social Security shall report to the Committees on the
Judiciary of the House of Representatives and the Senate on the
aggregate quantity of social security account numbers issued to
aliens not authorized to be employed, with respect to which, in
such fiscal year, earnings were reported to the Social Security
Administration.
``(2) If earnings are reported on or after January 1, 1997,
to the Social Security Administration on a social security
account number issued to an alien not authorized to work in the
United States, the Commissioner of Social Security shall
provide the Attorney General with information regarding the
name and address of the alien, the name and address of the
person reporting the earnings, and the amount of the earnings.
The information shall be provided in an electronic form agreed
upon by the Commissioner and the Attorney General.''.
(b) Report on Fraudulent Use of Social Security Account
Numbers.--The Commissioner of Social Security shall transmit to
the Attorney General, by not later than 1 year after the date
of the enactment of this Act, a report on the extent to which
social security account numbers and cards are used by aliens
for fraudulent purposes.
SEC. 415. AUTHORIZING MAINTENANCE OF CERTAIN INFORMATION ON ALIENS.
Section 264 (8 U.S.C. 1304) is amended by adding at the end
the following new subsection:
``(f) Notwithstanding any other provision of law, the
Attorney General is authorized to require any alien to provide
the alien's social security account number for purposes of
inclusion in any record of the alien maintained by the Attorney
General or the Service.''.
SEC. 416. SUBPOENA AUTHORITY.
Section 274A(e)(2) (8 U.S.C. 1324a(e)(2)) is amended--
(1) by striking ``and'' at the end of subparagraph
(A);
(2) by striking the period at the end of
subparagraph (B) and inserting ``, and''; and
(3) by inserting after subparagraph (B) the
following:
``(C) immigration officers designated by
the Commissioner may compel by subpoena the
attendance of witnesses and the production of
evidence at any designated place prior to the
filing of a complaint in a case under paragraph
(2).''.
Subtitle C--Unfair Immigration-Related Employment Practices
SEC. 421. TREATMENT OF CERTAIN DOCUMENTARY PRACTICES AS UNFAIR
IMMIGRATION-RELATED EMPLOYMENT PRACTICES.
(a) In General.--Section 274B(a)(6) (8 U.S.C. 1324b(a)(6))
is amended--
(1) by striking ``For purposes of paragraph (1),
a'' and inserting ``A''; and
(2) by striking ``relating to the hiring of
individuals'' and inserting the following: ``if made
for the purpose or with the intent of discriminating
against an individual in violation of paragraph (1)''.
(b) Effective Date.--The amendments made by subsection (a)
shall apply to requests made on or after the date of the
enactment of this Act.
TITLE V--RESTRICTIONS ON BENEFITS FOR ALIENS
SEC. 500. STATEMENTS OF NATIONAL POLICY CONCERNING WELFARE AND
IMMIGRATION.
(a) Statements of Congressional Policy.--The Congress makes
the following statements concerning national policy with
respect to welfare and immigration:
(1) Self-sufficiency has been a basic principle of
United States immigration law since this country's
earliest immigration statutes.
(2) It continues to be the immigration policy of
the United States that--
(A) aliens within the nation's borders not
depend on public resources to meet their needs,
but rather rely on their own capabilities and
the resources of their families, their
sponsors, and private organizations, and
(B) the availability of public benefits not
constitute an incentive for immigration to the
United States.
(3) Despite this principle of self-sufficiency,
aliens have been applying for and receiving public
benefits from Federal, State, and local governments at
increasing rates.
(4) Current eligibility rules for public assistance
and unenforceable financial support agreements have
proved incapable of assuring that individual aliens do
not burden the public benefits system.
(5) It is a compelling government interest to enact
new rules for eligibility and sponsorship agreements in
order to assure that aliens are self-reliant in
accordance with national immigration policy.
(6) It is a compelling government interest to
remove the incentive for illegal immigration provided
by the availability of public benefits.
(b) Sense of Congress.--
(1) In general.--With respect to the authority of a
State to make determinations concerning the eligibility
of aliens for public benefits, it is the sense of the
Congress that a court should apply the same standard of
review to an applicable State law as that court uses in
determining whether an Act of Congress regulating the
eligibility of aliens for public benefits meets
constitutional scrutiny.
(2) Strict scrutiny.--In cases where a court holds
that a State law determining the eligibility of aliens
for public benefits must be the least restrictive means
available for achieving a compelling government
interest, a State that chooses to follow the Federal
classification in determining the eligibility of aliens
for public benefits, pursuant to the authorization
contained in this title, shall be considered to have
chosen the least restrictive means available for
achieving the compelling government interest of
assuring that aliens are self-reliant in accordance
with national immigration policy.
Subtitle A--Ineligibility of Excludable Deportable, and Nonimmigrant
Aliens From Public Assistance and Benefits
SEC. 501. MEANS-TESTED PUBLIC BENEFITS.
(a) In General.--Except as provided in subsection (b), and
notwithstanding any other provision of law, an ineligible alien
(as defined in subsection (d)) shall not be eligible to receive
any means-tested public benefits (as defined in subsection
(e)).
(b) Exceptions.--Subsection (a) shall not apply to any of
the following benefits:
(1)(A) Medical assistance under title XIX of the
Social Security Act (or any successor program to such
title) for care and services that are necessary for the
treatment of an emergency medical condition of the
alien involved and are not related to an organ
transplant procedure.
(B) For purposes of this paragraph, the term
``emergency medical condition'' means a medical
condition (including emergency labor and delivery)
manifesting itself by acute symptoms of sufficient
severity (including severe pain) such that the absence
of immediate medical attention could reasonably be
expected to result in--
(i) placing the patient's health in serious
jeopardy,
(ii) serious impairment to bodily
functions, or
(iii) serious dysfunction of any bodily
organ or part.
(2) Short-term noncash emergency disaster relief.
(3) Assistance or benefits under any of the
following (including any successor program to any of
the following as identified by the Attorney General in
consultation with other appropriate officials):
(A) The National School Lunch Act (42
U.S.C. 1751 et seq.).
(B) The Child Nutrition Act of 1966 (42
U.S.C. 1771 et seq.).
(C) Section 4 of the Agriculture and
Consumer Protection Act of 1973 (Public Law 93-
86; 7 U.S.C. 612c note).
(D) The Emergency Food Assistance Act of
1983 (Public Law 98-8; 7 U.S.C. 612c note).
(E) Section 110 of the Hunger Prevention
Act of 1988 (Public Law 100-435; 7 U.S.C. 612c
note).
(F) The food distribution program on Indian
reservations established under section 4(b) of
Public Law 88-525 (7 U.S.C. 2013(b)).
(4) Public health assistance for immunizations and,
if the Secretary of Health and Human Services
determines that it is necessary to prevent the spread
of a serious communicable disease, for testing and
treatment for any such diseases (which may not include
treatment for HIV infection or acquired immune
deficiency syndrome).
(5) Such other in-kind service or noncash
assistance (such as soup kitchens, crisis counseling,
intervention (including intervention for domestic
violence), and short-term shelter) as the Attorney
General specifies, in the Attorney General's sole and
unreviewable discretion, after consultation with
appropriate government agencies, if--
(A) such service or assistance is delivered
at the community level, including through
public or private nonprofit agencies;
(B) such service or assistance is necessary
for the protection of life, safety, or public
health; and
(C) such service or assistance or the
amount or cost of such service or assistance is
not conditioned on the recipient's income or
resources.
(6) Benefits under laws administered by the
Secretary of Veterans Affairs and any other benefit
available by reason of service in the United States
Armed Forces.
(c) Eligible Alien Defined.--For the purposes of this
section--
(1) In general.--The term ``eligible alien'' means
an alien--
(A) who is an alien lawfully admitted for
permanent residence under the Immigration and
Nationality Act,
(B) who is an alien granted asylum under
section 208 of such Act,
(C) who is an alien admitted as a refugee
under section 207 of such Act,
(D) whose deportation has been withheld
under section 241(b)(3) of such Act (as amended
by section 305(a)(3)), or
(E) who is paroled into the United States
under section 212(d)(5) of such Act for a
period of at least 1 year, but only for the
first year of such parole.
(2) Inclusion of certain battered aliens.--Such
term includes--
(A) an alien who--
(i) has been battered or subjected
to extreme cruelty in the United States
by a spouse or a parent, or by a member
of the spouse or parent's family
residing in the same household as the
alien and the spouse or parent
consented to, or acquiesced in, such
battery or cruelty, but only if (in the
opinion of the Attorney General, which
opinion is not subject to review by any
court) there is a substantial
connection between such battery or
cruelty and the need for the benefits
to be provided; and
(ii) has been approved or has a
petition pending which sets forth a
prima facie case for--
(I) status as a spouse or a
child of a United States
citizen pursuant to clause
(ii), (iii), or (iv) of section
204(a)(1)(A) of the Immigration
and Nationality Act,
(II) classification
pursuant to clause (ii) or
(iii) of section 204(a)(1)(B)
of the Act,
(III) suspension of
deportation and adjustment of
status pursuant to section
244(a)(3) of such Act, or
(IV) status as a spouse or
child of a United States
citizen pursuant to clause (i)
of section 204(a)(1)(A) of such
Act, or classification pursuant
to clause (i) of section
204(a)(1)(B) of such Act; or
(B) an alien--
(i) whose child has been battered
or subjected to extreme cruelty in the
United States by a spouse or a parent
of the alien (without the active
participation of the alien in the
battery or cruelty), or by a member of
the spouse or parent's family residing
in the same household as the alien and
the spouse or parent consented or
acquiesced to such battery or cruelty,
and the alien did not actively
participate in such battery or cruelty,
but only if (in the opinion of the
Attorney General, which opinion is not
subject to review by any court) there
is a substantial connection between
such battery or cruelty and the need
for the benefits to be provided; and
(ii) who meets the requirement of
clause (ii) of subparagraph (A).
Such term shall not apply to an alien during any period
in which the individual responsible for such battery or
cruelty resides in the same household or family
eligibility unit as the individual subjected to such
battery or cruelty.
(d) Ineligible Alien Defined.--For purposes of this
section, the term ``ineligible alien'' means an individual who
is not--
(1) a citizen or national of the United States; or
(2) an eligible alien.
(e) Means-Tested Public Benefit.--For purposes of this
section, the term ``means-tested public benefit'' means any
public benefit (including cash, medical, housing, food, and
social services) provided or funded in whole or in part by the
Federal Government, or by a State or political subdivision of a
State, in which the eligibility of an individual, household, or
family eligibility unit for the benefit or the amount of the
benefit, or both, are determined on the basis of income,
resources, or financial need of the individual, household, or
unit.
(f) Effective Date.--
(1) In general.--This section shall apply to
benefits provided on or after such date as the Attorney
General specifies in regulations under paragraph (2).
Such date shall be at least 30 days, and not more than
60 days, after the date the Attorney General first
issues such regulations.
(2) Regulations.--The Attorney General (in
consultation with the heads of other appropriate
agencies) shall first issue regulations to carry out
this section not later than 180 days after the date of
the enactment of this Act. Such regulations shall be
effective on an interim basis, pending change after
opportunity for public comment.
(3) Waiver authority.--The Attorney General is
authorized to waive any provision of this section in
the case of applications pending on the effective date
of such provision.
SEC. 502. GRANTS, CONTRACTS, AND LICENSES.
(a) In General.--Except as provided in subsection (b) and
notwithstanding any other provision of law, an ineligible alien
(as defined in section 501(d)) shall not be eligible for any
grant, contract, loan, professional license, driver's license,
or commercial license provided or funded by any agency of the
United States or any State or political subdivision of a State.
(b) Exceptions.--
(1) Nonimmigrant alien authorized to work in the
United States.--Subsection (a) shall not apply to an
alien in lawful nonimmigrant status who is authorized
to work in the United States with respect to the
following:
(A) Any professional or commercial license
required to engage in such work.
(B) Any contract.
(C) A driver's license.
(2) Nonimmigrant alien.--Subsection (a) shall not
apply to an alien in lawful nonimmigrant status with
respect to a driver's license.
(3) Alien outside the united states.--Subsection
(a) shall not apply to an alien who is outside of the
United States with respect to any contract.
(c) Effective Date.--
(1) In general.--This section shall apply to
contracts or loan agreements entered into, and
professional, commercial, and driver's licenses issued
(or renewed), on or after such date as the Attorney
General specifies in regulations under paragraph (2).
Such date shall be at least 30 days, and not more than
60 days, after the date the Attorney General first
issues such regulations.
(2) Regulations.--The Attorney General (in
consultation with the heads of other appropriate
agencies) shall first issue regulations to carry out
this section not later than 180 days after the date of
the enactment of this Act. Such regulations shall be
effective on an interim basis, pending change after
opportunity for public comment.
(3) Waiver authority.--The Attorney General is
authorized to waive any provision of this section in
the case of applications pending on the effective date
of such provision.
SEC. 503. UNEMPLOYMENT BENEFITS.
(a) Elimination of Crediting Employment Merely on Basis of
PRUCOL Status.--Section 3304(a)(14)(A) of the Internal Revenue
Code of 1986 is amended--
(1) by striking ``, was lawfully'' and inserting
``or was lawfully'', and
(2) by striking ``, or was permanently'' and all
that follows up to the comma at the end.
(b) Effective Date.--The amendments made by subsection (a)
shall apply with respect to certifications of States for 1998
and subsequent years, or for 1999 and subsequent years in the
case of States the legislatures of which do not meet in a
regular session which closes in the calendar year 1997.
(c) Report.--The Secretary of Labor, in consultation with
the Attorney General, shall provide for a study of the impact
of limiting eligibility for unemployment compensation only to
individuals who are citizens or nationals of the United States
or eligible aliens (as defined in section 501(c)). Not later
than 2 years after the date of the enactment of this Act, the
Secretary shall submit a report on such study to the Committee
on the Judiciary and the Committee on Labor and Human Resources
of the Senate and the Committee on the Judiciary and the
Committee on Economic and Educational Opportunities of the
House of Representatives.
SEC. 504. SOCIAL SECURITY BENEFITS.
(a) Ineligibility of Aliens Not Lawfully Present for Social
Security Benefits.--
(1) In general.--Section 202 of the Social Security
Act (42 U.S.C. 402) is amended by adding at the end the
following new subsection:
``Limitation on Payments to Aliens
``(y) Notwithstanding any other provision of law, no
monthly benefit under this title shall be payable to any alien
in the United States for any month during which such alien is
not lawfully present in the United States as determined by the
Attorney General.''.
(2) Effective date.--The amendment made by
paragraph (1) shall apply with respect to benefits for
which applications are filed on or after the first day
of the first month that begins at least 60 days after
the date of the enactment of this Act.
(b) No Crediting for Unauthorized Employment.--
(1) In general.--Section 210 of such Act (42 U.S.C.
410) is amended by adding at the end the following new
subsection:
``Demonstration of Required Citizenship Status
``(s) For purposes of this title, service performed by an
individual in the United States shall constitute `employment'
only if it is demonstrated to the satisfaction of the
Commissioner of Social Security that such service was performed
by such individual while such individual was a citizen, a
national, a permanent resident, or otherwise authorized to be
employed in the United States in such service.''.
(2) Effective date.--The amendment made by
paragraph (1) shall apply with respect to services
performed after December 31, 1996.
(c) Trade or Business.--
(1) In general.--Section 211 of such Act (42 U.S.C.
411) is amended by adding at the end the following new
subsection:
``Demonstration of Required Citizenship Status
``(j) For purposes of this title, a trade or business (as
defined in subsection (c)) carried on in the United States by
any individual shall constitute a `trade or business' only if
it is demonstrated to the satisfaction of the Commissioner of
Social Security that such trade or business (as so defined) was
carried on by such individual while such individual was a
citizen, a national, a permanent resident, or otherwise
lawfully present in the United States carrying on such trade or
business.''.
(2) Effective date.--The amendment made by
paragraph (1) shall apply with respect to any trade or
business carried on after December 31, 1996.
(d) Construction.--Nothing in the amendments made by this
section shall be construed to affect the application of chapter
2 or chapter 21 of the Internal Revenue Code of 1986.
SEC. 505. REQUIRING PROOF OF IDENTITY FOR CERTAIN PUBLIC ASSISTANCE.
(a) Revision of SAVE Program.--
(1) In general.--Paragraph (2) of section 1137(d)
of the Social Security Act (42 U.S.C. 1320b-7(d)) is
amended to read as follows:
``(2) There must be presented the item (or items)
described in one of the following subparagraphs for
that individual:
``(A) A United States passport (either
current or expired if issued both within the
previous 12 years and after the individual
attained 18 years of age).
``(B) A resident alien card or an alien
registration card, if the card (i) contains a
photograph of the individual and (ii) contains
security features to make it resistant to
tampering, counterfeiting, and fraudulent use.
``(C) A driver's license or similar
document issued for the purpose of
identification by a State, if it contains a
photograph of the individual.
``(D) If the individual attests to being a
citizen or national of the United States and
that the individual does not have other
documentation under this paragraph (under
penalty of perjury), such other documents or
evidence that identify the individual as the
Attorney General may designate as constituting
reasonable evidence indicating United States
citizenship or nationality.''.
(2) Temporary eligibility for benefits.--Section
1137(d) of such Act is further amended by adding after
paragraph (5) the following new paragraph (6):
``(6) If at the time of application for benefits,
the documentation under paragraph (2) is not presented
or verified, such benefits may be provided to the
applicant for not more than 2 months, if--
``(A) the applicant provides a written
attestation (under penalty of perjury) that the
applicant is a citizen or national of the
United States, or
``(B) the applicant provides documentation
certified by the Department of State or the
Department of Justice, which the Attorney
General determines constitutes reasonable
evidence indicating satisfactory immigration
status.''.
(3) Conforming amendments.--Section 1137(d) of such
Act is further amended in paragraph (3), by striking
``(2)(A) is presented'' and inserting ``(2)(B) is
presented and contains the individual's alien admission
number or alien file number (or numbers if the
individual has more than one number)''.
(b) SSI.--Section 1631(e) of such Act (42 U.S.C.
1383(e)(7)) is amended by adding at the end the following new
paragraph:
``(8) The Commissioner of Social Security shall provide for
the application under this title of rules similar to the
requirements of section 1137(d), insofar as they apply to the
verification of immigration or citizenship status for
eligibility for supplemental security income benefits under
this title.''.
(c) Effective Date.--
(1) In general.--This section shall apply to
application for benefits filed on or after such date as
the Attorney General specifies in regulations under
paragraph (2). Such date shall be at least 60 days, and
not more than 90 days, after the date the Attorney
General first issues such regulations.
(2) Regulations.--The Attorney General (in
consultation with the heads of other appropriate
agencies) shall first issue regulations to carry out
this section (and the amendments made by this section)
not later than 180 days after the date of the enactment
of this Act. Such regulations shall be effective on an
interim basis, pending change after opportunity for
public comment.
SEC. 506. AUTHORIZATION FOR STATES TO REQUIRE PROOF OF ELIGIBILITY FOR
STATE PROGRAMS.
(a) In General.--In carrying out this title (and the
amendments made by this title), subject to section 510, a State
or political subdivision is authorized to require an applicant
for benefits under a program of a State or political
subdivision to provide proof of eligibility consistent with the
provisions of this title.
(b) Effective Date.--This section shall take effect on the
date of the enactment of this Act.
SEC. 507. LIMITATION ON ELIGIBILITY FOR PREFERENTIAL TREATMENT OF
ALIENS NOT LAWFULLY PRESENT ON BASIS OF RESIDENCE
FOR HIGHER EDUCATION BENEFITS.
(a) In General.--Notwithstanding any other provision of
law, an alien who is not lawfully present in the United States
shall not be eligible on the basis of residence within a State
(or a political subdivision) for any postsecondary education
benefit unless a citizen or national of the United States is
eligible for such a benefit (in no less an amount, duration,
and scope) without regard to whether the citizen or national is
such a resident.
(b) Effective Date.--This section shall apply to benefits
provided on or after July 1, 1998.
SEC. 508. VERIFICATION OF STUDENT ELIGIBILITY FOR POSTSECONDARY FEDERAL
STUDENT FINANCIAL ASSISTANCE.
(a) In General.--No student shall be eligible for
postsecondary Federal student financial assistance unless--
(1) the student has certified that the student is a
citizen or national of the United States or an alien
lawfully admitted for permanent residence, and
(2) the Secretary of Education has verified such
certification.
(b) Report Requirement.--
(1) In general.--Not later than one year after the
date of the enactment of this Act, the Secretary of
Education and the Commissioner of Social Security shall
jointly submit to the appropriate committees of the
Congress a report on the computer matching program of
the Department of Education under section 484(p) of the
Higher Education Act of 1965.
(2) Report elements.--The report under paragraph
(1) shall include the following:
(A) An assessment by the Secretary and the
Commissioner of the effectiveness of the
computer matching program, and a justification
for such assessment.
(B) The ratio of successful matches under
the program to inaccurate matches.
(C) Such other information as the Secretary
and the Commissioner jointly consider
appropriate.
(3) Appropriate committees of the Congress.--For
purposes of this subsection the term ``appropriate
committees of the Congress'' means the Committee on
Economic and Educational Opportunities and the
Committee on the Judiciary of the House of
Representatives and the Committee on Labor and Human
Resources and the Committee on the Judiciary of the
Senate.
(c) Effective Date.--This section shall take effect on the
date of the enactment of this Act.
SEC. 509. VERIFICATION OF IMMIGRATION STATUS FOR PURPOSES OF SOCIAL
SECURITY AND HIGHER EDUCATIONAL ASSISTANCE.
(a) Social Security Act State Income and Eligibility
Verification Systems.--Section 1137(d)(4)(B)(i)) of the Social
Security Act (42 U.S.C. 1320b-7(d)(4)(B)(i)) is amended to read
as follows:
``(i) the State shall transmit to
the Immigration and Naturalization
Service either photostatic or other
similar copies of such documents, or
information from such documents, as
specified by the Immigration and
Naturalization Service, for official
verification,''.
(b) Eligibility for Assistance Under Higher Education Act
of 1965.--Section 484(g)(4)(B)(i) of the Higher Education Act
of 1965 (20 U.S.C. 1091(g)(4)(B)(i)) is amended to read as
follows:
``(i) the institution shall
transmit to the Immigration and
Naturalization Service either
photostatic or other similar copies of
such documents, or information from
such documents, as specified by the
Immigration and Naturalization Service,
for official verification,''.
SEC. 510. NO VERIFICATION REQUIREMENT FOR NONPROFIT CHARITABLE
ORGANIZATIONS.
(a) In General.--Subject to subsection (b), and
notwithstanding any other provision of this title, a nonprofit
charitable organization, in providing any means-tested public
benefit (as defined in section 501(e), but not including any
hospital benefit, as defined by the Attorney General in
consultation with Secretary of Health and Human Services) is
not required to determine, verify, or otherwise require proof
of eligibility of any applicant for such benefits.
(b) Requirement of State or Federal Determination of
Eligibility.--
(1) In General.--Except as provided in paragraph
(3), in order for a nonprofit charitable organization
to provide to an applicant any means-tested public
benefit, the organization shall obtain the following:
(A) In the case of a citizen or national of
the United States, a written attestation (under
penalty of perjury) that the applicant is a
citizen or national of the United States.
(B) In the case of an alien and subject to
paragraph (2), written verification, from an
appropriate State or Federal agency, of the
applicant's eligibility for assistance or
benefits and the amount of assistance or
benefits for which the applicant is eligible.
(2) No notification within 10 days.--If the
organization is not notified within 10 business days
after a request of an appropriate State or Federal
agency for verification under paragraph (1)(B), the
requirement under paragraph (1) shall not apply to any
means-tested public benefit provided to such applicant
by the organization until 30 calendar days after such
notification is received.
(3) Limitations.--
(A) Private funds.--The requirement under
paragraph (1) shall not apply to assistance or
benefits provided through private funds.
(B) Section 501 excepted benefits.--The
requirement under paragraph (1) shall not apply
to assistance or benefits described in section
501(b) which are not subject to the limitations
of section 501(a).
(4) Administration.--
(A) In general.--The Attorney General shall
through regulation provide for an appropriate
procedure for the verification required under
paragraph (1)(B).
(B) Time period for response.--The
appropriate State or Federal agencies shall
provide for a response to a request for
verification under paragraph (1)(B) of an
applicant's eligibility under section 501(a) of
this title and the amount of eligibility under
section 552 (or comparable provisions of State
law as authorized under section 553 or 554) not
later than 10 business days after the date the
request is made.
(C) Recordkeeping.--If the Attorney General
determines that recordkeeping is required for
the purposes of this section, the Attorney
General may require that such a record be
maintained for not more than 90 days.
SEC. 511. GAO STUDY OF PROVISION OF MEANS-TESTED PUBLIC BENEFITS TO
INELIGIBLE ALIENS ON BEHALF OF ELIGIBLE
INDIVIDUALS.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Comptroller General shall submit
to the Committees on the Judiciary of the House of
Representatives and of the Senate and to the Inspector General
of the Department of Justice a report on the extent to which
means-tested public benefits are being paid or provided to
ineligible aliens in order to provide such benefits to
individuals who are United States citizens or eligible aliens.
Such report shall address the locations in which such benefits
are provided and the incidence of fraud or misrepresentation in
connection with the provision of such benefits.
(b) Definitions.--The terms ``eligible alien'',
``ineligible alien'', and ``means-tested public benefits'' have
the meanings given such terms in section 501.
Subtitle B--Expansion of Disqualification From Immigration Benefits on
the Basis of Public Charge
SEC. 531. GROUND FOR EXCLUSION.
(a) In General.--Paragraph (4) of section 212(a) (8 U.S.C.
1182(a)) is amended to read as follows:
``(4) Public charge.--
``(A) In general.--Any alien who, in the
opinion of the consular officer at the time of
application for a visa, or in the opinion of
the Attorney General at the time of application
for admission or adjustment of status, is
likely at any time to become a public charge is
excludable.
``(B) Factors to be taken into account.--
(i) In determining whether an alien is
excludable under this paragraph, the consular
officer or the Attorney General shall at a
minimum consider the alien's--
``(I) age;
``(II) health;
``(III) family status;
``(IV) assets, resources, and
financial status; and
``(V) education and skills.
``(ii) In addition to the factors under
clause (i), the consular officer or the
Attorney General may also consider any
affidavit of support under section 213A for
purposes of exclusion under this paragraph.
``(C) Family-sponsored immigrants.--Any
alien who seeks admission or adjustment of
status under a visa number issued under section
201(b)(2) or 203(a) is excludable under this
paragraph unless--
``(i) the alien has obtained--
``(I) status as a spouse or
a child of a United States
citizen pursuant to clause
(ii), (iii), or (iv) of section
204(a)(1)(A), or
``(II) classification
pursuant to clause (ii) or
(iii) of section 204(a)(1)(B);
or
``(ii) the person petitioning for
the alien's admission (including any
additional sponsor required under
section 213A(g)) has executed an
affidavit of support described in
section 213A with respect to such
alien.
``(D) Certain employment-based
immigrants.--Any alien who seeks admission or
adjustment of status under a visa number issued
under section 203(b) by virtue of a
classification petition filed by a relative of
the alien (or by an entity in which such
relative has a significant ownership interest)
is excludable under this paragraph unless such
relative has executed an affidavit of support
described in section 213A with respect to such
alien.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply to applications submitted on or after such date,
not earlier than 30 days and not later than 60 days after the
date the Attorney General promulgates under section 551(e) a
standard form for an affidavit of support, as the Attorney
General shall specify, but subparagraphs (C) and (D) of section
212(a)(4) of the Immigration and Nationality Act, as so
amended, shall not apply to applications with respect to which
an official interview with an immigration officer was conducted
before such effective date.
SEC. 532. GROUND FOR DEPORTATION.
(a) Immigrants.--Section 241(a)(5) (8 U.S.C. 1251(a)(5)) is
amended to read as follows:
``(5) Public charge.--
``(A) In general.--
``(i) Except as provided in
subparagraph (B), an immigrant who
during the public charge period becomes
a public charge, regardless of when the
cause for becoming a public charge
arises, is deportable.
``(ii) The immigrant shall be
subject to deportation under this
paragraph only if the deportation
proceeding is initiated not later than
the end of the 7-year period beginning
on the last date the immigrant receives
a benefit described in subparagraph (D)
during the public charge period.
``(B) Exceptions.--Subparagraph (A) shall
not apply--
``(i) to an alien granted asylum
under section 208;
``(ii) to an alien admitted as a
refugee under section 207; or
``(iii) if the cause of the alien's
becoming a public charge--
``(I) arose after entry in
the case of an alien who
entered as an immigrant or
after adjustment to lawful
permanent resident status in
the case of an alien who
entered as a nonimmigrant, and
``(II) was a physical
illness or physical injury so
serious the alien could not
work at any job, or was a
mental disability that required
continuous
institutionalization.
``(C) Definitions.--
``(i) Public charge period.--For
purposes of subparagraph (A), the term
`public charge period' means the period
ending 7 years after the date on which
the alien attains the status of an
alien lawfully admitted for permanent
residence (or attains such status on a
conditional basis).
``(ii) Public charge.--For purposes
of subparagraph (A), the term `public
charge' includes any alien who receives
benefits described in subparagraph (D)
for an aggregate period of at least 12
months or 36 months in the case of an
alien described in subparagraph (E).
``(D) Benefits described.--
``(i) In general.--Subject to
clause (ii), the benefits described in
this subparagraph are means-tested
public benefits defined under section
213A(e)(1).
``(ii) Exceptions.--Benefits
described in this subparagraph shall
not include the following:
``(I) Any benefits to which
the exceptions described in
section 213A(e)(2) apply.
``(II) Emergency medical
assistance (as defined in
subparagraph (F)).
``(III) Payments for foster
care and adoption assistance
under parts B and E of title IV
of the Social Security Act made
on the child's behalf under
such part.
``(IV) Benefits under laws
administered by the Secretary
of Veterans Affairs and any
other benefit available by
reason of service in the United
States Armed Forces.
``(V) Benefits under the
Head Start Act.
``(VI) Benefits under the
Job Training Partnership Act.
``(VII) Benefits under any
English as a second language
program.
``(iii) Successor programs.--
Benefits described in this subparagraph
shall include any benefits provided
under any successor program as
identified by the Attorney General in
consultation with other appropriate
officials.
``(E) Special rule for battered spouse and
child.--Subject to the second sentence of this
subparagraph, an alien is described under this
subparagraph if the alien demonstrates that--
``(i)(I) the alien has been
battered or subjected to extreme
cruelty in the United States by a
spouse or a parent, or by a member of
the spouse or parent's family residing
in the same household as the alien and
the spouse or parent consented or
acquiesced to such battery or cruelty,
or (II) the alien's child has been
battered or subjected to extreme
cruelty in the United States by a
spouse or parent of the alien (without
the active participation of the alien
in the battery or cruelty), or by a
member of the spouse or parent's family
residing in the same household as the
alien when the spouse or parent
consented or acquiesced to and the
alien did not actively participate in
such battery or cruelty;
``(ii) the need for benefits
described in subparagraph (D) beyond an
aggregate period of 12 months has a
substantial connection to the battery
or cruelty described in clause (i); and
``(iii) any battery or cruelty
under clause (i) has been recognized in
an order of a judge or an
administrative law judge or a prior
determination of the Service.
An alien shall not be considered to be described under
this subparagraph during any period in which the
individual responsible for such battery or cruelty
resides in the same household or family eligibility
unit as the individual subjected to such battery or
cruelty.
``(F) Emergency medical assistance.--
``(i) In general.--For purposes of
subparagraph (C)(ii)(II), the term
`emergency medical assistance' means
medical assistance under title XIX of
the Social Security Act (or any
successor program to such title) for
care and services that are necessary
for the treatment of an emergency
medical condition of the alien involved
and are not related to an organ
transplant procedure.
``(ii) Emergency medical condition
defined.--For purposes of this subparagraph,
the term `emergency medical condition' means a
medical condition (including emergency labor
and delivery) manifesting itself by acute
symptoms of sufficient severity (including
severe pain) such that the absence of immediate
medical attention could reasonably be expected
to result in--
``(I) placing the patient's health
in serious jeopardy,
``(II) serious impairment to bodily
functions, or
``(III) serious dysfunction of any
bodily organ or part.''.
(b) Exclusion and Deportation of Nonimmigrants Committing
Fraud or Misrepresentation in Obtaining Benefits.--
(1) Exclusion.--Section 212(a)(6)(C) (8 U.S.C.
1182(a)(6)(C)), as amended by section 344(a), is
amended--
(A) by redesignating clause (iii) as clause
(iv), and
(B) by inserting after clause (ii) the
following clause (iii):
``(iii) Nonimmigrant public benefit
recipients.--Any alien who was admitted
as a nonimmigrant and who has obtained
benefits for which the alien was
ineligible, through fraud or
misrepresentation, under Federal law is
excludable for a period of 5 years from
the date of the alien's departure from
the United States.''.
(2) Deportation.--Section 241(a)(1)(C) (8 U.S.C.
1251(a)(1)(C)) is amended by adding after clause (ii)
the following:
``(iii) Nonimmigrant public benefit
recipients.--Any alien who was admitted
as a nonimmigrant and who has obtained
through fraud or misrepresentation
benefits for which the alien was
ineligible under Federal law is
deportable.''.
(c) Ineligibility to Naturalization for Aliens Deportable
As Public Charge.--
(1) In general.--Chapter 2 of title III of the Act
is amended by inserting after section 315 the following
new section:``
ineligibility to naturalization for persons deportable as public charge
``Sec. 315A. (a) A person shall not be naturalized if the
person is deportable as a public charge under section
241(a)(5).
``(b) An applicant for naturalization shall provide a
written attestation, under penalty of perjury, as part of the
application for naturalization that the applicant is not
deportable as a public charge under section 241(a)(5) to the
best of the applicant's knowledge.
``(c) The Attorney General shall make a determination that
each applicant for naturalization is not deportable as a public
charge under section 241(a)(5).''.
(2) Clerical amendment.--The table of contents is
amended by inserting after the item relating to section
315 the following:
``Sec. 315A. Ineligibility to naturalization for persons deportable as
public charge''.
(d) Effective Dates.--
(1) Subsection (a).--
(A) In general.--Except as provided in this
paragraph, the amendment made by subsection (a)
shall apply only to aliens who obtain the
status of an alien lawfully admitted for
permanent residence more than 30 days after the
date of the enactment of this Act.
(B) Application to current aliens.--Such
amendments shall apply also to aliens who
obtained the status of an alien lawfully
admitted for permanent residence less than 30
days after the date of the enactment of this
Act, but only with respect to benefits received
after the 1-year period beginning on the date
of enactment and benefits received before such
period shall not be taken into account.
(2) Subsection (b).--The amendments made by
subsection (b) shall take effect on the date of the
enactment of this Act and shall apply to fraud or
misrepresentation committed before, on, or after such
date.
(3) Subsection (c).--The amendments made by
subsection (c) shall take effect on the date of the
enactment of this Act and shall apply to applications
submitted on or after 30 days after the date of the
enactment of this Act.
Subtitle C--Affidavits of Support and Attribution of Income
SEC. 551. REQUIREMENTS FOR SPONSOR'S AFFIDAVIT OF SUPPORT.
(a) In General.--Title II is amended by inserting after
section 213 the following new section:
``requirements for sponsor's affidavit of support
``Sec. 213A. (a) Enforceability.--
``(1) Terms of affidavit.--No affidavit of support
may be accepted by the Attorney General or by any
consular officer to establish that an alien is not
excludable as a public charge under section 212(a)(4)
unless such affidavit is executed by a sponsor of the
alien as a contract--
``(A) in which the sponsor agrees to
provide support to maintain the sponsored alien
at an annual income that is not less than the
appropriate percentage (applicable to the
sponsor under subsection (g)) of the Federal
poverty line during the period in which the
affidavit is enforceable;
``(B) that is legally enforceable against
the sponsor by the sponsored alien, the Federal
Government, any State (or any political
subdivision of such State), or by any other
entity that provides any means-tested public
benefit (as defined in subsection (e)),
consistent with the provisions of this section;
and
``(C) in which the sponsor agrees to submit
to the jurisdiction of any Federal or State
court for the purpose of actions brought under
subsection (b)(2).
``(2) Period of enforceability.--An affidavit of
support shall be enforceable with respect to benefits
provided for an alien before the date the alien is
naturalized as a citizen of the United States, or, if
earlier, the termination date provided under paragraph
(3).
``(3) Termination of period of enforceability upon
completion of required period of employment, etc.--
``(A) In general.--An affidavit of support
is not enforceable on or after the first day of
a year if it is demonstrated to the
satisfaction of the Attorney General that the
sponsored alien may be credited with an
aggregate of 40 qualifying quarters under this
paragraph for previous years.
``(B) Qualifying quarter defined.--For
purposes this paragraph, the term `qualifying
quarter' means a qualifying quarter of coverage
under title II of the Social Security Act in
which the sponsored alien--
``(i) has earned at least the
minimum necessary for the period to
count as one of the 40 quarters
required to qualify for social security
retirement benefits; and
``(ii) has not received any means-
tested public benefit.
``(C) Crediting for dependents and
spouses.--For purposes of this paragraph, in
determining the number of qualifying quarters
for which a sponsored alien has worked for
purposes of subparagraph (A), a sponsored alien
not meeting the requirement of subparagraph
(B)(i) for any quarter shall be treated as
meeting such requirements if--
``(i) their spouse met such
requirement for such quarter and they
filed a joint income tax return
covering such quarter; or
``(ii) the individual who claimed
such sponsored alien as a dependent on
an income tax return covering such
quarter met such requirement for such
quarter.
``(D) Provision of information to save
system.--The Attorney General shall ensure that
appropriate information regarding the
application of this paragraph is provided to
the system for alien verification of
eligibility (SAVE) described in section
1137(d)(3) of the Social Security Act (42
U.S.C. 1320b-7(d)(3)).
``(b) Reimbursement of Government Expenses.--
``(1) Request for reimbursement.--
``(A) Requirement.--Upon notification that
a sponsored alien has received any means-tested
public benefit, the appropriate nongovernmental
entity which provided such benefit or the
appropriate entity of the Federal Government, a
State, or any political subdivision of a State
shall request reimbursement by the sponsor in
an amount which is equal to the unreimbursed
costs of such benefit.
``(B) Regulations.--The Attorney General,
in consultation with the heads of other
appropriate Federal agencies, shall prescribe
such regulations as may be necessary to carry
out subparagraph (A).
``(2) Actions to compel reimbursement.--
``(A) In case of nonresponse.--If within 45
days after a request for reimbursement under
paragraph (1)(A), the appropriate entity has
not received a response from the sponsor
indicating a willingness to commence payment an
action may be brought against the sponsor
pursuant to the affidavit of support.
``(B) In case of failure to pay.--If the
sponsor fails to abide by the repayment terms
established by the appropriate entity, the
entity may bring an action against the sponsor
pursuant to the affidavit of support.
``(C) Limitation on actions.--No cause of
action may be brought under this paragraph
later than 10 years after the date on which the
sponsored alien last received any means-tested
public benefit to which the affidavit of
support applies.
``(3) Use of collection agencies.--If the
appropriate entity under paragraph (1)(A) requests
reimbursement from the sponsor or brings an action
against the sponsor pursuant to the affidavit of
support, the appropriate entity may appoint or hire an
individual or other person to act on behalf of such
entity acting under the authority of law for purposes
of collecting any amounts owed.
``(c) Remedies.--Remedies available to enforce an affidavit
of support under this section include any or all of the
remedies described in section 3201, 3203, 3204, or 3205 of
title 28, United States Code, as well as an order for specific
performance and payment of legal fees and other costs of
collection, and include corresponding remedies available under
State law. A Federal agency may seek to collect amounts owed
under this section in accordance with the provisions of
subchapter II of chapter 37 of title 31, United States Code.
``(d) Notification of Change of Address.--
``(1) General requirement.--The sponsor shall
notify the Attorney General and the State in which the
sponsored alien is currently a resident within 30 days
of any change of address of the sponsor during the
period in which an affidavit of support is enforceable.
``(2) Penalty.--Any person subject to the
requirement of paragraph (1) who fails to satisfy such
requirement shall, after notice and opportunity to be
heard, be subject to a civil penalty of--
``(A) not less than $250 or more than
$2,000, or
``(B) if such failure occurs with knowledge
that the sponsored alien has received any
benefit described in section 241(a)(5)(D) not
less than $2,000 or more than $5,000.
The Attorney General shall enforce this paragraph under
appropriate regulations.
``(e) Means-Tested Public Benefit.--
``(1) In general.--Subject to paragraph (2), the
term `means-tested public benefit' means any public
benefit (including cash, medical, housing, food, and
social services) provided or funded in whole or in part
by the Federal Government, or of a State or political
subdivision of a State, in which the eligibility of an
individual, household, or family eligibility unit for
such benefit or the amount of such benefit, or both are
determined on the basis of income, resources, or
financial need of the individual, household, or unit.
``(2) Exceptions.--Such term does not include the
following benefits:
``(A) Short-term noncash emergency disaster
relief.
``(B) Assistance or benefits under--
``(i) the National School Lunch Act
(42 U.S.C. 1751 et seq.);
``(ii) the Child Nutrition Act of
1966 (42 U.S.C. 1771 et seq.);
``(iii) section 4 of the
Agriculture and Consumer Protection Act
of 1973 (Public Law 93-86; 7 U.S.C.
612c note);
``(iv) the Emergency Food
Assistance Act of 1983 (Public Law 98-
8; 7 U.S.C. 612c note);
``(v) section 110 of the Hunger
Prevention Act of 1988 (Public Law 100-
435; 7 U.S.C. 612c note); and
``(vi) the food distribution
program on Indian reservations
established under section 4(b) of
Public Law 88-525 (7 U.S.C. 2013(b)).
``(C) Public health assistance for
immunizations and, if the Secretary of Health
and Human Services determines that it is
necessary to prevent the spread of a serious
communicable disease, for testing and treatment
for such disease (which may not include
treatment for HIV infection or acquired immune
deficiency syndrome).
``(D) Benefits under programs of student
assistance under titles IV, V, IX, and X of the
Higher Education Act of 1965 and titles III,
VII, and VIII of the Public Health Service Act.
``(E) Benefits under any means-tested
programs under the Elementary and Secondary
Education Act of 1965.
``(F) Such other in-kind service or noncash
assistance (such as soup kitchens, crisis
counseling, intervention (including
intervention for domestic violence) and short-
term, shelter) as the Attorney General
specifies, in the Attorney General's sole and
unreviewable discretion, after consultation
with the heads of appropriate Federal agencies,
if--
``(i) such service or assistance is
delivered at the community level,
including through public or private
nonprofit agencies;
``(ii) such service or assistance
is necessary for the protection of
life, safety, or public health; and
``(iii) such service or assistance
or the amount or cost of such service
or assistance is not conditioned on the
recipient's income or resources.
``(f) Jurisdiction.--An action to enforce an affidavit of
support executed under subsection (a) may be brought against
the sponsor in any appropriate court--
``(1) by a sponsored alien, with respect to
financial support; or
``(2) by the appropriate entity of the Federal
Government, a State or any political subdivision of a
State, or by any other nongovernmental entity under
subsection (b)(2), with respect to reimbursement.
``(g) Sponsor Defined.--
``(1) In general.--For purposes of this section the
term `sponsor' in relation to a sponsored alien means
an individual who executes an affidavit of support with
respect to the sponsored alien and who--
``(A) is a citizen or national of the
United States or an alien who is lawfully
admitted to the United States for permanent
residence;
``(B) is at least 18 years of age;
``(C) is domiciled in any of the several
States of the United States, the District of
Columbia, or any territory or possession of the
United States;
``(D) is petitioning for the admission of
the alien under section 204; and
``(E) demonstrates (as provided in
paragraph (6)) the means to maintain an annual
income equal to at least 200 percent of the
Federal poverty line (or in the case of an
affidavit for a spouse or minor child of the
petitioner 140 percent of the Federal poverty
line).
``(2) Income requirement case.--Such term also
includes an individual who does not meet the
requirement of paragraph (1)(E) but demonstrates (as
provided in paragraph (6)) the means to maintain an
annual income equal to at least 125 percent of the
Federal poverty line and accepts joint and several
liability together with an individual under paragraph
(5).
``(3) Active duty armed services case.--Such term
also includes an individual who does not meet the
requirement of paragraph (1)(E) but is on active duty
(other than active duty for training) in the Armed
Forces of the United States, is petitioning for the
admission of the alien under section 204 as the spouse
or child of the individual, and demonstrates (as
provided in paragraph (6)) the means to maintain an
annual income equal to at least 100 percent of the
Federal poverty line.
``(4) Certain employment-based immigrants case.--
Such term also includes an individual--
``(A) who does not meet the requirement of
paragraph (1)(D), but is the relative of the
sponsored alien who filed a classification
petition for the sponsored alien as an
employment-based immigrant under section 203(b)
or who has a significant ownership interest in
the entity that filed such a petition; and
``(B)(i) who demonstrates (as provided
under paragraph (6)) the means to maintain an
annual income equal to at least 200 percent of
the Federal poverty line (or in the case of an
affidavit for a spouse or minor child of the
petitioner 140 percent of the Federal poverty
line), or
``(ii) does not meet the requirement of
paragraph (1)(E) but demonstrates (as provided
in paragraph (6)) the means to maintain an
annual income equal to at least 125 percent of
the Federal poverty line and accepts joint and
several liability together with an individual
under paragraph (5).
``(5) Non-petitioning case.--Such term also
includes an individual who does not meet the
requirement of paragraph (1)(D) but who accepts joint
and several liability with a petitioning sponsor under
paragraph (2) or relative of an employment-based
immigrant under paragraph (4) and who demonstrates (as
provided under paragraph (6)) the means to maintain an
annual income equal to at least 200 percent of the
Federal poverty line (or in the case of an affidavit
for a spouse or minor child of the petitioner 140
percent of the Federal poverty line).
``(6) Demonstration of means to maintain income.--
``(A) In general.--
``(i) Method of demonstration.--For
purposes of this section, a
demonstration of the means to maintain
income shall include provision of a
certified copy of the individual's
Federal income tax return for the
individual's 3 most recent taxable
years and a written statement, executed
under oath or as permitted under
penalty of perjury under section 1746
of title 28, United States Code, that
the copies are certified copies of such
returns.
``(ii) Percent of poverty.--For
purposes of this section, a reference
to an annual income equal to at least a
particular percentage of the Federal
poverty line means an annual income
equal to at least such percentage of
the Federal poverty line for a family
unit of a size equal to the number of
members of the sponsor's household
(including family and non-family
dependents) plus the total number of
other dependents and aliens sponsored
by that sponsor.
``(B) Limitation.--The Secretary of State,
or the Attorney General in the case of
adjustment of status, may provide that the
demonstration under subparagraph (A) applies
only to the most recent taxable year.
``(h) Federal Poverty Line Defined.--For purposes of this
section, the term `Federal poverty line' means the level of
income equal to the official poverty line (as defined by the
Director of the Office of Management and Budget, as revised
annually by the Secretary of Health and Human Services, in
accordance with section 673(2) of the Omnibus Budget
Reconciliation Act of 1981 (42 U.S.C. 9902)) that is applicable
to a family of the size involved.
``(i) Sponsor's Social Security Account Number Required To
Be Provided.--(1) An affidavit of support shall include the
social security account number of each sponsor.
``(2) The Attorney General shall develop an automated
system to maintain the social security account number data
provided under paragraph (1).
``(3) The Attorney General shall submit an annual report to
the Committees on the Judiciary of the House of Representatives
and the Senate setting forth--
``(A) for the most recent fiscal year for which
data are available the number of sponsors under this
section and the number of sponsors in compliance with
the financial obligations of this section; and
``(B) a comparison of such numbers with the numbers
of such sponsors for the preceding fiscal year.''.
(b) Clerical Amendment.--The table of contents is amended
by inserting after the item relating to section 213 the
following:
``Sec. 213A. Requirements for sponsor's affidavit of support.''.
(c) Settlement of Claims Prior to Naturalization.--Section
316(a) (8 U.S.C. 1427(a)) is amended by striking ``and'' before
``(3)'', and by inserting before the period at the end the
following: ``, and (4) in the case of an applicant that has
received assistance under a means-tested public benefits
program (as defined in subsection (e) of section 213A) and with
respect to which amounts are owing under an affidavit of
support executed under such section, provides satisfactory
evidence that there are no outstanding amounts that are owing
pursuant to such affidavit by any sponsor who executed such
affidavit''.
(d) Effective Date; Promulgation of Form.--
(1) In general.--The amendments made by this
section shall apply to affidavits of support executed
on or after a date specified by the Attorney General,
which date shall be not earlier than 60 days (and not
later than 90 days) after the date the Attorney General
formulates the form for such affidavits under paragraph
(2).
(2) Promulgation of form.--Not later than 90 days
after the date of the enactment of this Act, the
Attorney General, in consultation with the heads of
other appropriate agencies, shall promulgate a standard
form for an affidavit of support consistent with the
provisions of section 213A of the Immigration and
Nationality Act.
SEC. 552. ATTRIBUTION OF SPONSOR'S INCOME AND RESOURCES TO SPONSORED
IMMIGRANTS.
(a) Deeming Requirement for Federal Means-Tested Public
Benefits.--Subject to subsections (d) and (h), for purposes of
determining the eligibility of an alien for any Federal means-
tested public benefit, and the amount of such benefit, income
and resources described in subsection (b) shall,
notwithstanding any other provision of law, be deemed to be
income and resources of such alien.
(b) Deemed Income and Resources.--The income and resources
described in this subsection shall include the income and
resources of--
(1) each sponsor under section 213A of the
Immigration and Nationality Act;
(2) each person who, as a sponsor of an alien's
entry into the United States, or in order to enable an
alien lawfully to remain in the United States, executed
an affidavit of support or similar agreement other than
under section 213A with respect to such alien, and
(3) each sponsor's spouse.
(c) Length of Deeming Period.--
(1) In general.--Subject to paragraph (3), for an
alien for whom an affidavit of support under section
213A of the Immigration and Nationality Act has been
executed, the requirement of subsection (a) shall apply
until the alien is naturalized as a citizen of the
United States.
(2) Special rule for outdated affidavit of
support.--Subject to paragraph (3), for an alien for
whom an affidavit of support has been executed other
than as required under section 213A of the Immigration
and Nationality Act, the requirement of subsection (a)
shall apply for a period of 5 years beginning on the
day such alien was provided lawful permanent resident
status after the execution of such affidavit or
agreement, but in no case after the date of
naturalization of the alien.
(3) Exception to general rule.--Subsection (a)
shall not apply and the period of attribution of a
sponsor's income and resources under this subsection
with respect to an alien shall terminate at such time
as an affidavit of support of such sponsor with respect
to the alien becomes no longer enforceable under
section 213A(a)(3) of the Immigration and Nationality
Act.
(4) Provision of information to save.--The Attorney
General shall ensure that appropriate information
regarding sponsorship and the operation of this section
is provided to the system for alien verification of
eligibility (SAVE) described in section 1137(d)(3) of
the Social Security Act (42 U.S.C. 1320b-7(d)(3)).
(d) Exceptions.--
(1) Indigence.--
(A) In general.--For an alien for whom an
affidavit of support under section 213A of the
Immigration and Nationality Act has been
executed, if a determination described in
subparagraph (B) is made, the amount of income
and resources of the sponsor or the sponsor's
spouse which shall be attributed to the
sponsored alien shall not exceed the amount
actually provided for a period beginning on the
date of such determination and ending 12 months
after such date.
(B) Determination described.--A
determination described in this subparagraph is
a determination by an agency that a sponsored
alien would, in the absence of the assistance
provided by the agency, be unable to obtain
food and shelter, taking into account the
alien's own income, plus any cash, food,
housing, or other assistance provided by other
individuals, including the sponsor. The agency
shall notify the Attorney General of each such
determination, including the names of the
sponsor and the sponsored alien involved.
(2) Excepted benefits.--The requirements of
subsection (a) shall not apply to the following:
(A)(i) Medical assistance under title XIX
of the Social Security Act (or any successor
program to such title) for care and services
that are necessary for the treatment of an
emergency medical condition of the alien
involved and are not related to an organ
transplant procedure.
(ii) For purposes of this subparagraph, the
term ``emergency medical condition'' means a
medical condition (including emergency labor
and delivery) manifesting itself by acute
symptoms of sufficient severity (including
severe pain) such that the absence of immediate
medical attention could reasonably be expected
to result in--
(I) placing the patient's health in
serious jeopardy,
(II) serious impairment to bodily
functions, or
(III) serious dysfunction of any
bodily organ or part.
(B) Short-term noncash emergency disaster
relief.
(C) Assistance or benefits under--
(i) the National School Lunch Act
(42 U.S.C. 1751 et seq.);
(ii) the Child Nutrition Act of
1966 (42 U.S.C. 1771 et seq.);
(iii) section 4 of the Agriculture
and Consumer Protection Act of 1973
(Public Law 93-86; 7 U.S.C. 612c note);
(iv) the Emergency Food Assistance
Act of 1983 (Public Law 98-8; 7 U.S.C.
612c note);
(v) section 110 of the Hunger
Prevention Act of 1988 (Public Law 100-
435; 7 U.S.C. 612c note); and
(vi) the food distribution program
on Indian reservations established
under section 4(b) of Public Law 88-525
(7 U.S.C. 2013(b)).
(D) Public health assistance for
immunizations and, if the Secretary of Health
and Human Services determines that it is
necessary to prevent the spread of a serious
communicable disease, for testing and treatment
for such disease (which may not include
treatment for HIV infection or acquired immune
deficiency syndrome).
(E) Benefits under programs of student
assistance under titles IV, V, IX, and X of the
Higher Education Act of 1965 and titles III,
VII, and VIII of the Public Health Service Act.
(F) Benefits under any means-tested
programs under the Elementary and Secondary
Education Act of 1965.
(G) Such other in-kind service or noncash
assistance (such as soup kitchens, crisis
counseling, intervention (including
intervention for domestic violence) and short-
term, shelter) as the Attorney General
specifies, in the Attorney General's sole and
unreviewable discretion, after consultation
with the heads of appropriate Federal agencies,
if--
(i) such service or assistance is
delivered at the community level,
including through public or private
nonprofit agencies;
(ii) such service or assistance is
necessary for the protection of life,
safety, or public health; and
(iii) such service or assistance or
the amount or cost of such service or
assistance is not conditioned on the
recipient's income or resources.
(e) Federal Means-Tested Public Benefit Defined.--The term
``Federal means-tested public benefit'' means any public
benefit (including cash, medical, housing, and food assistance
and social services) provided or funded in whole or in part by
the Federal Government in which the eligibility of an
individual, household, or family eligibility unit for the
benefit, or the amount of the benefit, or both are determined
on the basis of income, resources, or financial need of the
individual, household, or unit.
(f) Special Rule for Battered Spouse and Child.--
(1) In general.--Subject to paragraph (2) and
notwithstanding any other provision of this section,
subsection (a) shall not apply to benefits--
(A) during a 12 month period if the alien
demonstrates that (i) the alien has been
battered or subjected to extreme cruelty in the
United States by a spouse or a parent, or by a
member of the spouse or parent's family
residing in the same household as the alien and
the spouse or parent consented to or acquiesced
to such battery or cruelty, or (ii) the alien's
child has been battered or subjected to extreme
cruelty in the United States by the spouse or
parent of the alien (without the active
participation of the alien in the battery or
cruelty), or by a member of the spouse's or
parent's family residing in the same household
as the alien when the spouse or parent
consented or acquiesced to and the alien did
not actively participate in such battery or
cruelty, and the battery or cruelty described
in clause (i) or (ii) (in the opinion of the
agency providing such public benefits, which
opinion is not subject to review by any court)
has a substantial connection to the need for
the public benefits applied for; and
(B) after a 12 month period (regarding the
batterer's income and resources only) if the
alien demonstrates that such battery or cruelty
under subparagraph (A) has been recognized in
an order of a judge or administrative law judge
or a prior determination of the Immigration and
Naturalization Service, and that such battery
or cruelty (in the opinion of the agency
providing such public benefits, which opinion
is not subject to review by any court) has a
substantial connection to the need for the
benefits.
(2) Limitation.--The exception under paragraph (1)
shall not apply to benefits for an alien during any
period in which the individual responsible for such
battery or cruelty resides in the same household or
family eligibility unit as the individual who was
subjected to such battery or cruelty.
(g) Application.--
(1) In general.--The provisions of this section
shall apply with respect to determinations of
eligibility and amount of benefits for individuals for
whom an application is filed on or after the first day
of the first month beginning more than 60 days after
the date of the enactment of this Act.
(2) Redeterminations.--This section shall apply
with respect to any redetermination of eligibility and
amount of benefits occurring on or after the date
determined under paragraph (1).
(h) No Deeming Requirement for Nonprofit Charitable
Organizations.--A nonprofit charitable organization operating
any Federal means-tested public benefit program is not required
to deem that the income or assets of any applicant for any
benefit or assistance under such program include the income or
assets described in subsection (b).
SEC. 553. ATTRIBUTION OF SPONSOR'S INCOME AND RESOURCES AUTHORITY FOR
STATE AND LOCAL GOVERNMENTS.
(a) In General.--Subject to subsection (b) and
notwithstanding any other provision of law, a State or
political subdivision of a State is authorized, for purposes of
determining the eligibility of an alien for benefits and the
amount of benefits, under any means-based public benefit
program of a State or a political subdivision of a State (other
than a program of assistance provided or funded, in whole or in
part, by the Federal Government), to require that the income
and resources of any individual under section 552(b) be deemed
to be the income and resources of such alien.
(b) Limitations.--
(1) Exceptions.--Any attribution of income and
resources pursuant to the authority of subsection (a)
shall be subject to exceptions comparable to the
exceptions of section 552(d).
(2) Period of deeming.--Any period of attribution
of income and resources pursuant to the authority of
subsection (a) shall not exceed the period of
attribution under section 552(c).
SEC. 554. AUTHORITY OF STATES AND POLITICAL SUBDIVISIONS OF STATES TO
LIMIT ASSISTANCE TO ALIENS AND TO DISTINGUISH AMONG
CLASSES OF ALIENS IN PROVIDING GENERAL CASH PUBLIC
ASSISTANCE.
(a) In General.--Subject to subsection (b) and
notwithstanding any other provision of law, a State or
political subdivision of a State is authorized to prohibit or
otherwise limit or restrict the eligibility of aliens or
classes of aliens for programs of general cash public
assistance furnished under the law of the State or a political
subdivision of a State.
(b) Limitation.--The authority provided for under
subsection (a) may be exercised only to the extent that any
prohibitions, limitations, or restrictions imposed by a State
or political subdivision of a State are not more restrictive
than the prohibitions, limitations, or restrictions imposed
under comparable Federal programs. For purposes of this
section, attribution to an alien of a sponsor's income and
resources (as described in section 552(b)) for purposes of
determining eligibility for, and the amount of, benefits shall
be considered less restrictive than a prohibition of
eligibility for such benefits.
Subtitle D--Miscellaneous Provisions
SEC. 561. INCREASED MAXIMUM CRIMINAL PENALTIES FOR FORGING OR
COUNTERFEITING SEAL OF A FEDERAL DEPARTMENT OR
AGENCY TO FACILITATE BENEFIT FRAUD BY AN UNLAWFUL
ALIEN.
Section 506 of title 18, United States Code, is amended to
read as follows:
``Sec. 506. Seals of departments or agencies
``(a) Whoever--
``(1) falsely makes, forges, counterfeits,
mutilates, or alters the seal of any department or
agency of the United States, or any facsimile thereof;
``(2) knowingly uses, affixes, or impresses any
such fraudulently made, forged, counterfeited,
mutilated, or altered seal or facsimile thereof to or
upon any certificate, instrument, commission, document,
or paper of any description; or
``(3) with fraudulent intent, possesses, sells,
offers for sale, furnishes, offers to furnish, gives
away, offers to give away, transports, offers to
transport, imports, or offers to import any such seal
or facsimile thereof, knowing the same to have been so
falsely made, forged, counterfeited, mutilated, or
altered,
shall be fined under this title, or imprisoned not more than 5
years, or both.
``(b) Notwithstanding subsection (a) or any other provision
of law, if a forged, counterfeited, mutilated, or altered seal
of a department or agency of the United States, or any
facsimile thereof, is--
``(1) so forged, counterfeited, mutilated, or
altered;
``(2) used, affixed, or impressed to or upon any
certificate, instrument, commission, document, or paper
of any description; or
``(3) with fraudulent intent, possessed, sold,
offered for sale, furnished, offered to furnish, given
away, offered to give away, transported, offered to
transport, imported, or offered to import,
with the intent or effect of facilitating an alien's
application for, or receipt of, a Federal benefit to which the
alien is not entitled, the penalties which may be imposed for
each offense under subsection (a) shall be two times the
maximum fine, and 3 times the maximum term of imprisonment, or
both, that would otherwise be imposed for an offense under
subsection (a).
``(c) For purposes of this section--
``(1) the term `Federal benefit' means--
``(A) the issuance of any grant, contract,
loan, professional license, or commercial
license provided by any agency of the United
States or by appropriated funds of the United
States; and
``(B) any retirement, welfare, Social
Security, health (including treatment of an
emergency medical condition in accordance with
section 1903(v) of the Social Security Act (19
U.S.C. 1396b(v))), disability, veterans, public
housing, education, food stamps, or
unemployment benefit, or any similar benefit
for which payments or assistance are provided
by an agency of the United States or by
appropriated funds of the United States; and
``(2) each instance of forgery, counterfeiting,
mutilation, or alteration shall constitute a separate
offense under this section.''.
SEC. 562. COMPUTATION OF TARGETED ASSISTANCE.
(a) In General.--Section 412(c)(2) (8 U.S.C. 1522(c)(2)) is
amended by adding at the end the following new subparagraph:
``(C) All grants made available under this paragraph for a
fiscal year (other than the Targeted Assistance Ten Percent
Discretionary Program) shall be allocated by the Office of
Resettlement in a manner that ensures that each qualifying
county shall receive the same amount of assistance for each
refugee and entrant residing in the county as of the beginning
of the fiscal year who arrived in the United States not more
than 60 months prior to such fiscal year.''.
(b) Effective Date.--The amendment made by subsection (a)
shall be effective for fiscal years after fiscal year 1996.
SEC. 563. TREATMENT OF EXPENSES SUBJECT TO EMERGENCY MEDICAL SERVICES
EXCEPTION.
(a) In General.--Subject to such amounts as are provided in
advance in appropriation Acts, each State or political
subdivision of a State that provides medical assistance for
care and treatment of an emergency medical condition (as
defined for purposes of section 501(b)(1)) through a public
hospital or other public facility (including a nonprofit
hospital that is eligible for an additional payment adjustment
under section 1886 of the Social Security Act) or through
contract with another hospital or facility to an individual who
is an alien not lawfully present in the United States is
eligible for payment from the Federal Government of its costs
of providing such services, but only to the extent that such
costs are not otherwise reimbursed through any other Federal
program and cannot be recovered from the alien or another
person.
(b) Confirmation of Immigration Status Required.--No
payment shall be made under this section with respect to
services furnished to an individual unless the immigration
status of the individual has been verified through appropriate
procedures established by the Secretary of Health and Human
Services and the Attorney General.
(c) Administration.--This section shall be administered by
the Attorney General, in consultation with the Secretary of
Health and Human Services.
(d) Effective Date.--Subsection (a) shall apply to medical
assistance for care and treatment of an emergency medical
condition furnished on or after October 1, 1996.
SEC. 564. REIMBURSEMENT OF STATES AND LOCALITIES FOR EMERGENCY
AMBULANCE SERVICES.
Subject to the availability of appropriations, the Attorney
General shall fully reimburse States and political subdivisions
of States for costs incurred by such a State or subdivision for
emergency ambulance services provided to any alien who--
(1) is injured while crossing a land or sea border
of the United States without inspection or at any time
or place other than as designated by the Attorney
General; and
(2) is under the custody of the State or
subdivision pursuant to a transfer, request, or other
action by a Federal authority.
SEC. 565. PILOT PROGRAMS TO REQUIRE BONDING.
(a) In General.--
(1) The Attorney General of the United States shall
establish a pilot program in 5 district offices of the
Immigration and Naturalization Service to require
aliens to post a bond in addition to the affidavit
requirements under section 551 and the deeming
requirements under section 552. Any pilot program
established pursuant to this subsection shall require
an alien to post a bond in an amount sufficient to
cover the cost of benefits for the alien and the
alien's dependents under the programs described in
section 241(a)(5)(D) of the Immigration and Nationality
Act (8 U.S.C. 1251(a)(5)(D)) and shall remain in effect
until the departure, naturalization, or death of the
alien.
(2) Suit on any such bonds may be brought under the
terms and conditions set forth in section 213A of the
Immigration and Nationality Act.
(b) Regulations.--Not later than 180 days after the date of
the enactment of this Act, the Attorney General shall issue
regulations for establishing the pilot programs, including--
(1) criteria and procedures for--
(A) certifying bonding companies for
participation in the program, and
(B) debarment of any such company that
fails to pay a bond, and
(2) criteria for setting the amount of the bond to
assure that the bond is in an amount that is not less
than the cost of providing benefits under the programs
described in section 241(a)(5)(D) for the alien and the
alien's dependents for 6 months.
(c) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this section.
(d) Annual Reporting Requirement.--Beginning 9 months after
the date of implementation of the pilot program, the Attorney
General shall submit annually to the Committees on the
Judiciary of the House of Representatives and the Senate a
report on the effectiveness of the program. The Attorney
General shall submit a final evaluation of the program not
later than 1 year after termination.
(e) Sunset.--The pilot program under this section shall
terminate after 3 years of operation.
(f) Bonds in Addition to Sponsorship and Deeming
Requirements.--Section 213 of the Immigration and Nationality
Act (8 U.S.C. 1183) is amended by inserting ``(subject to the
affidavit of support requirement and attribution of sponsor's
income and resources under section 213A)'' after ``in the
discretion of the Attorney General''.
SEC. 566. REPORTS.
Not later than 180 days after the end of each fiscal year,
the Attorney General shall submit a report to the Inspector
General of the Department of Justice and the Committees on the
Judiciary of the House of Representatives and of the Senate
describing the following:
(1) Public charge deportations.--The number of
aliens deported on public charge grounds under section
241(a)(5) of the Immigration and Nationality Act during
the previous fiscal year.
(2) Indigent sponsors.--The number of
determinations made under section 552(d)(1) of this Act
(relating to indigent sponsors) during the previous
fiscal year.
(3) Reimbursement actions.--The number of actions
brought, and the amount of each action, for
reimbursement under section 213A of the Immigration and
Nationality Act (including private collections) for the
costs of providing public benefits.
(4) Verifications of eligibility.--The number of
situations in which a Federal or State agency fails to
respond within 10 days to a request for verification of
eligibility under section 510(b), including the reasons
for, and the circumstances of, each such failure.
Subtitle E--Housing Assistance
SEC. 571. SHORT TITLE.
This subtitle may be cited as the ``Use of Assisted Housing
by Aliens Act of 1996''.
SEC. 572. PRORATING OF FINANCIAL ASSISTANCE.
Section 214(b) of the Housing and Community Development Act
of 1980 (42 U.S.C. 1436a(b)) is amended--
(1) by inserting ``(1)'' after ``(b)''; and
(2) by adding at the end the following new
paragraph:
``(2) If the eligibility for financial assistance of at
least one member of a family has been affirmatively established
under the program of financial assistance and under this
section, and the eligibility of one or more family members has
not been affirmatively established under this section, any
financial assistance made available to such family by the
Secretary of Housing and Urban Development shall be prorated,
based on the number of individuals in the family for whom
eligibility has been affirmatively established under the
program of financial assistance and under this section, as
compared with the total number of individuals who are members
of the family.''.
SEC. 573. ACTIONS IN CASES OF TERMINATION OF FINANCIAL ASSISTANCE.
(a) In General.--Section 214(c)(1) of the Housing and
Community Development Act of 1980 (42 U.S.C. 1436a(c)(1)) is
amended--
(1) in the matter preceding subparagraph (A)--
(A) by striking ``on the date of the
enactment of the Housing and Community
Development Act of 1987''; and
(B) by striking ``may, in its discretion,''
and inserting ``shall'';
(2) in subparagraph (A), by adding at the end the
following new sentence: ``Financial assistance
continued under this subparagraph for a family shall be
provided only on a prorated basis under which the
amount of financial assistance is based on the
percentage of the total number of members of the family
that are eligible for such assistance under the program
for financial assistance and under this section.''; and
(3) by striking subparagraph (B), and inserting the
following new subparagraph:
``(B) Defer the termination of financial
assistance, if necessary to permit the orderly
transition of the individual and any family members
involved to other housing, subject to the following
requirements:
``(i) Except as provided in clause (ii),
any deferral under this subparagraph shall be
for a single 3-month period.
``(ii) The time period referred to in
clause (i) shall not apply in the case of a
refugee under section 207 of the Immigration
and Nationality Act or an individual seeking
asylum under section 208 of such Act.''.
(b) Scope of Application.--
(1) In general.--The amendment made by subsection
(a)(3) shall apply to any deferral granted under
section 214(c)(1)(B) of the Housing and Community
Development Act of 1980 on or after the date of the
enactment of this Act.
(2) Treatment of deferrals and renewals granted
before enactment.--In the case of any deferral which
was granted or renewed under section 214(c)(1)(B) of
the Housing and Community Development Act of 1980
before the date of the enactment of this Act--
(A) if the deferral or renewal expires
before the expiration of the 3-month period
beginning upon such date of enactment, the
deferral or renewal may, upon expiration of the
deferral period, be renewed for not more than a
single additional 3-month period; and
(B) if the deferral or renewal expires on
or after the expiration of such 3-month period,
the deferral or renewal may not be renewed or
extended.
SEC. 574. VERIFICATION OF IMMIGRATION STATUS AND ELIGIBILITY FOR
FINANCIAL ASSISTANCE.
(a) In General.--Section 214(d) of the Housing and
Community Development Act of 1980 (42 U.S.C. 1436a(d)) is
amended--
(1) by striking the matter preceding paragraph (1)
and inserting the following:
``(d) No individual applying for financial assistance shall
receive such financial assistance before the affirmative
establishment and verification of the eligibility of the
individual under this subsection by the Secretary or other
appropriate entity, and the following conditions shall apply
with respect to financial assistance being or to be provided
for the benefit of an individual:'';
(2) in paragraph (1)--
(A) in subparagraph (A), by adding at the
end the following: ``If the declaration states
that the individual is not a citizen or
national of the United States and the
individual is younger than 62 years of age, the
declaration shall be verified by the
Immigration and Naturalization Service.'';
(B) by striking subparagraph (B) and
inserting the following new subparagraph:
``(B) In the case of any individual who is younger
than 62 years of age and is receiving or applying for
financial assistance, there must be presented the item
(or items) described in one of the following
subparagraphs for that individual:
``(i) A United States passport (either
current or expired if issued both within the
previous 20 years and after the individual
attained 18 years of age).
``(ii) A resident alien card or an alien
registration card, if the card (i) contains a
photograph of the individual and (ii) contains
security features to make it resistant to
tampering, counterfeiting, and fraudulent use.
``(iii) A driver's license or similar
document issued for the purpose of
identification by a State, if it contains a
photograph of the individual.
``(iv) If the individual attests to being a
citizen or national of the United States and
the individual does not have other
documentation under this paragraph, such other
documents or evidence that identify the
individual, as the Attorney General may
designate as constituting reasonable evidence
indicating United States citizenship.''.
(3) by striking paragraph (2) and inserting the
following new paragraph:
``(2) In the case of an individual who is not a citizen
or national of the United States, is not 62 years of
age or older, and is applying for financial assistance,
the Secretary may not provide such assistance for the
benefit of the individual before such documentation is
presented and verified under paragraph (3) or (4).'';
(4) in paragraph (3), by striking ``(2)(A) is
presented'' and inserting ``(1)(B)(ii) is presented and
contains the individual's alien admission number or
alien file number (or numbers if the individual has
more than one number)''
(5) in paragraph (4)--
(A) in the matter preceding subparagraph
(A)--
(i) by striking ``on the date of
the enactment of the Housing and
Community Development Act of 1987'' and
inserting ``or applying for financial
assistance'';
(ii) by striking ``paragraph (2)''
and inserting ``paragraph (1)(B)(ii)'';
and
(iii) by striking ``paragraph
(2)(A)'' and inserting ``paragraph
(1)(B)(ii)'';
(B) in subparagraph (A)--
(i) in clause (i)--
(I) by inserting ``, not to
exceed 30 days,'' after
``reasonable opportunity''; and
(II) by striking ``and'' at
the end; and
(ii) by striking clause (ii) and
inserting the following new clauses:
``(ii) in the case of any
individual who is receiving assistance,
may not delay, deny, reduce, or
terminate the individual's eligibility
for financial assistance on the basis
of the individual's immigration status
until such 30-day period has expired,
and
``(iii) in the case of any
individual who is applying for
financial assistance, may not deny the
application for such assistance on the
basis of the individual's immigration
status until such 30-day period has
expired; and''; and
(C) in subparagraph (B), by striking
clauses (i) and (ii) and inserting the
following new clauses:
``(i) the Secretary shall transmit
to the Immigration and Naturalization
Service either photostatic or other
similar copies of such documents, or
information from such documents, as
specified by the Immigration and
Naturalization Service, for official
verification,
``(ii) pending such verification or
appeal, the Secretary may not--
``(I) in the case of any
individual who is receiving
assistance, delay, deny,
reduce, or terminate the
individual's eligibility for
financial assistance on the
basis of the individual's
immigration status, and
``(II) in the case of any
individual who is applying for
financial assistance, deny the
application for such assistance
on the basis of the
individual's immigration
status, and'';
(6) in paragraph (5), by striking all that follows
``satisfactory immigration status'' and inserting the
following: ``, the Secretary shall--
``(A) deny the individual's application for
financial assistance or terminate the
individual's eligibility for financial
assistance, as the case may be,
``(B) provide the individual with written
notice of the determination under this
paragraph, which in the case of an individual
who is receiving financial assistance shall
also notify the individual of the opportunity
for a hearing under subparagraph (C), and
``(C) in the case of an individual who is
receiving financial assistance and requests a
hearing under this subparagraph, provide a
hearing within 5 days of receipt of the notice
under subparagraph (B), at which hearing the
individual may produce the documentation of
immigration status required under this
subsection or the reasons for the termination
shall be explained and the individual shall be
notified of his or her eligibility for deferral
under subsection (c)(1)(B).'';
(7) by striking paragraph (6) and inserting the
following new paragraph:
``(6) The Secretary shall terminate the eligibility
for financial assistance of an individual and the
members of the household of the individual, for a
period of not less than 24 months, upon determining
that such individual has knowingly permitted another
individual who is not eligible for such assistance to
use the assistance (including residence in the unit
receiving the assistance). This provision shall not
apply to a family if the ineligibility of the
ineligible individual at issue was considered in
calculating any proration under this section of
assistance provided for the family.''; and
(8) by striking the matter following paragraph (6)
and inserting the following new paragraphs:
``(7) An owner of housing receiving financial
assistance--
``(A) may initiate procedures to
affirmatively establish or verify the
eligibility of an individual or family under
this section at any time at which the owner
determines that such eligibility is in
question, regardless of whether or not the
individual or family is at or near the top of
the waiting list for the housing;
``(B) shall affirmatively establish or
verify the eligibility of an individual or
family under this section in accordance with
the procedures set forth in section 274A(b)(1)
of the Immigration and Nationality Act; and
``(C) shall have access to any relevant
information contained in the SAVE system (or
any successor thereto) that relates to any
individual or family applying for financial
assistance.
``For purposes of this paragraph, the term `owner'
includes any public housing agency (as such term is
defined in section 3 of the United States Housing Act
of 1937). For purposes of this paragraph, when used in
reference to a family, the term `eligibility' means the
eligibility of each member of the family.
``(8) For purposes of this subsection, the
following definitions shall apply:
``(A) The term `satisfactory immigration
status' means an immigration status which does
not make the individual ineligible for
financial assistance.
``(B) The term `Secretary' means the
Secretary of Housing and Urban Development, a
public housing agency, or another entity that
determines the eligibility of an individual for
financial assistance.''.
(b) Effective Date.--
(1) In general.--Notwithstanding section 576 of
this Act, the amendment made by subsection (a)(2)(B) of
this section shall apply to application for benefits
filed on or after such date as the Attorney General
specifies in regulations under paragraph (2) of this
subsection. Such date shall be at least 60 days, and
not more than 90 days, after the date the Attorney
General first issues such regulations.
(2) Regulations.--The Attorney General (in
consultation with the heads of other appropriate
agencies) shall first issue regulations to carry out
the amendment made by subsection (a)(2)(B) of this
section not later than 180 days after the date of the
enactment of this Act. Such regulations shall be
effective on an interim basis, pending change after
opportunity for public comment.
SEC. 575. PROHIBITION OF SANCTIONS AGAINST ENTITIES MAKING FINANCIAL
ASSISTANCE ELIGIBILITY DETERMINATIONS.
Section 214(e) of the Housing and Community Development Act
of 1980 (42 U.S.C. 1436a(e)) is amended--
(1) in paragraph (2), by inserting ``or'' after the
comma at the end;
(2) in paragraph (3), by inserting after ``, or''
at the end the following: ``the response from the
Immigration and Naturalization Service to the appeal of
such individual.''; and
(3) by striking paragraph (4).
SEC. 576. REGULATIONS.
(a) Issuance.--Not later than the expiration of the 60-day
period beginning on the date of the enactment of this Act, the
Secretary of Housing and Urban Development shall issue any
regulations necessary to implement the amendments made by this
subtitle. Such regulations shall be issued in the form of an
interim final rule, which shall take effect upon issuance and
shall not be subject to the provisions of section 533 of title
5, United States Code, regarding notice or an opportunity for
comment.
(b) Failure To Issue.--If the Secretary fails to issue the
regulations required under subsection (a) before the expiration
of the period referred to in such subsection, the regulations
relating to restrictions on assistance to noncitizens,
contained in the final rule issued by the Secretary of Housing
and Urban Development in RIN 2501-AA63 (Docket No. R-95-1409;
FR-2383-F-050), published in the Federal Register of March 20,
1995 (Vol. 60, No. 53; pp. 14824-14861), shall not apply after
the expiration of such period.
SEC. 577. REPORT ON HOUSING ASSISTANCE PROGRAMS.
Not later than 90 days after the date of the enactment of
this Act, the Secretary of Housing and Urban Development shall
submit a report to the Committee on the Judiciary and the
Committee on Banking, Housing, and Urban Affairs of the Senate,
and the Committee on the Judiciary and the Committee on Banking
and Financial Services of the House of Representatives,
describing the manner in which the Secretary is enforcing
section 214 of the Housing and Community Development Act of
1980 and containing statistics with respect to the number of
individuals denied financial assistance under such section.
Subtitle F--General Provisions
SEC. 591. EFFECTIVE DATES.
Except as provided in this title, this title and the
amendments made by this title shall take effect on the date of
the enactment of this Act.
SEC. 592. STATUTORY CONSTRUCTION.
Nothing in this title may be construed as an entitlement or
a determination of an individual's eligibility or fulfillment
of the requisite requirements for any Federal, State, or local
governmental program, assistance, or benefits. For purposes of
this title, eligibility relates only to the general issue of
eligibility or ineligibility on the basis of alienage.
SEC. 593. NOT APPLICABLE TO FOREIGN ASSISTANCE.
This title does not apply to any Federal, State, or local
governmental program, assistance, or benefits provided to an
alien under any program of foreign assistance as determined by
the Secretary of State in consultation with the Attorney
General.
SEC. 594. NOTIFICATION.
(a) In General.--Each agency of the Federal Government or a
State or political subdivision that administers a program
affected by the provisions of this title, shall, directly or
through the States, provide general notification to the public
and to program recipients of the changes regarding eligibility
for any such program pursuant to this title.
(b) Failure To Give Notice.--Nothing in this section shall
be construed to require or authorize continuation of
eligibility if the notice under this section is not provided.
SEC. 595. DEFINITIONS.
Except as otherwise provided in this title, for purposes of
this title--
(1) the terms ``alien'', ``Attorney General'',
``national'', ``naturalization'', ``State'', and
``United States'' shall have the meaning given such
terms in section 101(a) of the Immigration and
Nationality Act; and
(2) the term ``child'' shall have the meaning given
such term in section 101(c) of the Immigration and
Nationality Act.
TITLE VI--MISCELLANEOUS PROVISIONS
Subtitle A--Refugees, Parole, and Asylum
SEC. 601. PERSECUTION FOR RESISTANCE TO COERCIVE POPULATION CONTROL
METHODS.
(a) Definition of Refugee.--
(1) Section 101(a)(42) (8 U.S.C. 1101(a)(42)) is
amended by adding at the end the following: ``For
purposes of determinations under this Act, a person who
has been forced to abort a pregnancy or to undergo
involuntary sterilization, or who has been persecuted
for failure or refusal to undergo such a procedure or
for other resistance to a coercive population control
program, shall be deemed to have been persecuted on
account of political opinion, and a person who has a
well founded fear that he or she will be forced to
undergo such a procedure or subject to persecution for
such failure, refusal, or resistance shall be deemed to
have a well founded fear of persecution on account of
political opinion.''.
(2) Not later than 90 days after the end of each
fiscal year, the Attorney General shall submit a report
to the Committee on the Judiciary of the House of
Representatives and the Committee on the Judiciary of
the Senate describing the number and countries of
origin of aliens granted refugee status or asylum under
determinations pursuant to the amendment made by
paragraph (1). Each such report shall also contain
projections regarding the number and countries of
origin of aliens that are likely to be granted refugee
status or asylum for the subsequent 2 fiscal years.
(b) Numerical Limitation.--Section 207(a) (8 U.S.C.
1157(a)) is amended by adding at the end the following new
paragraph:
``(5) For any fiscal year, not more than a total of 1,000
refugees may be admitted under this subsection or granted
asylum under section 208 pursuant to a determination under the
third sentence of section 101(a)(42) (relating to persecution
for resistance to coercive population control methods).''.
SEC. 602. LIMITATION ON USE OF PAROLE.
(a) Parole Authority.--Section 212(d)(5)(A) (8 U.S.C.
1182(d)(5)) is amended by striking ``for emergent reasons or
for reasons deemed strictly in the public interest'' and
inserting ``only on a case-by-case basis for urgent
humanitarian reasons or significant public benefit''.
(b) Report to Congress.--Not later than 90 days after the
end of each fiscal year, the Attorney General shall submit a
report to the Committee on the Judiciary of the House of
Representatives and the Committee on the Judiciary of the
Senate describing the number and categories of aliens paroled
into the United States under section 212(d)(5) of the
Immigration and Nationality Act. Each such report shall provide
the total number of aliens paroled into and residing in the
United States and shall contain information and data for each
country of origin concerning the number and categories of
aliens paroled, the duration of parole, the current status of
aliens paroled, and the number and categories of aliens
returned to the custody from which they were paroled during the
preceding fiscal year.
SEC. 603. TREATMENT OF LONG-TERM PAROLEES IN APPLYING WORLDWIDE
NUMERICAL LIMITATIONS.
Section 201(c) (8 U.S.C. 1151(c)) is amended--
(1) by amending paragraph (1)(A)(ii) to read as
follows:
``(ii) the sum of the number computed under
paragraph (2) and the number computed under paragraph
(4), plus''; and
(2) by adding at the end the following new
paragraphs:
``(4) The number computed under this paragraph for a fiscal
year (beginning with fiscal year 1999) is the number of aliens
who were paroled into the United States under section 212(d)(5)
in the second preceding fiscal year--
``(A) who did not depart from the United States
(without advance parole) within 365 days; and
``(B) who (i) did not acquire the status of aliens
lawfully admitted to the United States for permanent
residence in the two preceding fiscal years, or (ii)
acquired such status in such years under a provision of
law (other than section 201(b)) which exempts such
adjustment from the numerical limitation on the
worldwide level of immigration under this section.
``(5) If any alien described in paragraph (4) (other than
an alien described in paragraph (4)(B)(ii)) is subsequently
admitted as an alien lawfully admitted for permanent residence,
such alien shall not again be considered for purposes of
paragraph (1).''.
SEC. 604. ASYLUM REFORM.
(a) Asylum Reform.--Section 208 (8 U.S.C. 1158) is amended
to read as follows:
``asylum
``Sec. 208. (a) Authority To Apply for Asylum.--
``(1) In general.--Any alien who is physically
present in the United States or who arrives in the
United States (whether or not at a designated port of
arrival and including an alien who is brought to the
United States after having been interdicted in
international or United States waters), irrespective of
such alien's status, may apply for asylum in accordance
with this section or, where applicable, section 235(b).
``(2) Exceptions.--
``(A) Safe third country.--Paragraph (1)
shall not apply to an alien if the Attorney
General determines that the alien may be
removed, pursuant to a bilateral or
multilateral agreement, to a country (other
than the country of the alien's nationality or,
in the case of an alien having no nationality,
the country of the alien's last habitual
residence) in which the alien's life or freedom
would not be threatened on account of race,
religion, nationality, membership in a
particular social group, or political opinion,
and where the alien would have access to a full
and fair procedure for determining a claim to
asylum or equivalent temporary protection,
unless the Attorney General finds that it is in
the public interest for the alien to receive
asylum in the United States.
``(B) Time limit.--Subject to subparagraph
(D), paragraph (1) shall not apply to an alien
unless the alien demonstrates by clear and
convincing evidence that the application has
been filed within 1 year after the date of the
alien's arrival in the United States.
``(C) Previous asylum applications.--
Subject to subparagraph (D), paragraph (1)
shall not apply to an alien if the alien has
previously applied for asylum and had such
application denied.
``(D) Changed circumstances.--An
application for asylum of an alien may be
considered, notwithstanding subparagraphs (B)
and (C), if the alien demonstrates to the
satisfaction of the Attorney General either the
existence of changed circumstances which
materially affect the applicant's eligibility
for asylum or extraordinary circumstances
relating to the delay in filing an application
within the period specified in subparagraph
(B).
``(3) Limitation on judicial review.--No court
shall have jurisdiction to review any determination of
the Attorney General under paragraph (2).
``(b) Conditions for Granting Asylum.--
``(1) In general.--The Attorney General may grant
asylum to an alien who has applied for asylum in
accordance with the requirements and procedures
established by the Attorney General under this section
if the Attorney General determines that such alien is a
refugee within the meaning of section 101(a)(42)(A).
``(2) Exceptions.--
``(A) In general.--Paragraph (1) shall not
apply to an alien if the Attorney General
determines that--
``(i) the alien ordered, incited,
assisted, or otherwise participated in
the persecution of any person on
account of race, religion, nationality,
membership in a particular social
group, or political opinion;
``(ii) the alien, having been
convicted by a final judgment of a
particularly serious crime, constitutes
a danger to the community of the United
States;
``(iii) there are serious reasons
for believing that the alien has
committed a serious nonpolitical crime
outside the United States prior to the
arrival of the alien in the United
States;
``(iv) there are reasonable grounds
for regarding the alien as a danger to
the security of the United States;
``(v) the alien is inadmissible
under subclause (I), (II), (III), or
(IV) of section 212(a)(3)(B)(i) or
removable under section 237(a)(4)(B)
(relating to terrorist activity),
unless, in the case only of an alien
inadmissible under subclause (IV) of
section 212(a)(3)(B)(i), the Attorney
General determines, in the Attorney
General's discretion, that there are
not reasonable grounds for regarding
the alien as a danger to the security
of the United States; or
``(vi) the alien was firmly
resettled in another country prior to
arriving in the United States.
``(B) Special rules.--
``(i) Conviction of aggravated
felony.--For purposes of clause (ii) of
subparagraph (A), an alien who has been
convicted of an aggravated felony shall
be considered to have been convicted of
a particularly serious crime.
``(ii) Offenses.--The Attorney
General may designate by regulation
offenses that will be considered to be
a crime described in clause (ii) or
(iii) of subparagraph (A).
``(C) Additional limitations.--The Attorney
General may by regulation establish additional
limitations and conditions, consistent with
this section, under which an alien shall be
ineligible for asylum under paragraph (1).
``(D) No judicial review.--There shall be
no judicial review of a determination of the
Attorney General under subparagraph (A)(v).
``(3) Treatment of spouse and children.--A spouse
or child (as defined in section 101(b)(1)(A), (B), (C),
(D), or (E)) of an alien who is granted asylum under
this subsection may, if not otherwise eligible for
asylum under this section, be granted the same status
as the alien if accompanying, or following to join,
such alien.
``(c) Asylum Status.--
``(1) In general.--In the case of an alien granted
asylum under subsection (b), the Attorney General--
``(A) shall not remove or return the alien
to the alien's country of nationality or, in
the case of a person having no nationality, the
country of the alien's last habitual residence;
``(B) shall authorize the alien to engage
in employment in the United States and provide
the alien with appropriate endorsement of that
authorization; and
``(C) may allow the alien to travel abroad
with the prior consent of the Attorney General.
``(2) Termination of asylum.--Asylum granted under
subsection (b) does not convey a right to remain
permanently in the United States, and may be terminated
if the Attorney General determines that--
``(A) the alien no longer meets the
conditions described in subsection (b)(1) owing
to a fundamental change in circumstances;
``(B) the alien meets a condition described
in subsection (b)(2);
``(C) the alien may be removed, pursuant to
a bilateral or multilateral agreement, to a
country (other than the country of the alien's
nationality or, in the case of an alien having
no nationality, the country of the alien's last
habitual residence) in which the alien's life
or freedom would not be threatened on account
of race, religion, nationality, membership in a
particular social group, or political opinion,
and where the alien is eligible to receive
asylum or equivalent temporary protection;
``(D) the alien has voluntarily availed
himself or herself of the protection of the
alien's country of nationality or, in the case
of an alien having no nationality, the alien's
country of last habitual residence, by
returning to such country with permanent
resident status or the reasonable possibility
of obtaining such status with the same rights
and obligations pertaining to other permanent
residents of that country; or
``(E) the alien has acquired a new
nationality and enjoys the protection of the
country of his or her new nationality.
``(3) Removal when asylum is terminated.--An alien
described in paragraph (2) is subject to any applicable
grounds of inadmissibility or deportability under
section 212(a) and 237(a), and the alien's removal or
return shall be directed by the Attorney General in
accordance with sections 240 and 241.
``(d) Asylum Procedure.--
``(1) Applications.--The Attorney General shall
establish a procedure for the consideration of asylum
applications filed under subsection (a). The Attorney
General may require applicants to submit fingerprints
and a photograph at such time and in such manner to be
determined by regulation by the Attorney General.
``(2) Employment.--An applicant for asylum is not
entitled to employment authorization, but such
authorization may be provided under regulation by the
Attorney General. An applicant who is not otherwise
eligible for employment authorization shall not be
granted such authorization prior to 180 days after the
date of filing of the application for asylum.
``(3) Fees.--The Attorney General may impose fees
for the consideration of an application for asylum, for
employment authorization under this section, and for
adjustment of status under section 209(b). Such fees
shall not exceed the Attorney General's costs in
adjudicating the applications. The Attorney General may
provide for the assessment and payment of such fees
over a period of time or by installments. Nothing in
this paragraph shall be construed to require the
Attorney General to charge fees for adjudication
services provided to asylum applicants, or to limit the
authority of the Attorney General to set adjudication
and naturalization fees in accordance with section
286(m).
``(4) Notice of privilege of counsel and
consequences of frivolous application.--At the time of
filing an application for asylum, the Attorney General
shall--
``(A) advise the alien of the privilege of
being represented by counsel and of the
consequences, under paragraph (6), of knowingly
filing a frivolous application for asylum; and
``(B) provide the alien a list of persons
(updated not less often than quarterly) who
have indicated their availability to represent
aliens in asylum proceedings on a pro bono
basis.
``(5) Consideration of asylum applications.--
``(A) Procedures.--The procedure
established under paragraph (1) shall provide
that--
``(i) asylum cannot be granted
until the identity of the applicant has
been checked against all appropriate
records or databases maintained by the
Attorney General and by the Secretary
of State, including the Automated Visa
Lookout System, to determine any
grounds on which the alien may be
inadmissible to or deportable from the
United States, or ineligible to apply
for or be granted asylum;
``(ii) in the absence of
exceptional circumstances, the initial
interview or hearing on the asylum
application shall commence not later
than 45 days after the date an
application is filed;
``(iii) in the absence of
exceptional circumstances, final
administrative adjudication of the
asylum application, not including
administrative appeal, shall be
completed within 180 days after the
date an application is filed;
``(iv) any administrative appeal
shall be filed within 30 days of a
decision granting or denying asylum, or
within 30 days of the completion of
removal proceedings before an
immigration judge under section 240,
whichever is later; and
``(v) in the case of an applicant
for asylum who fails without prior
authorization or in the absence of
exceptional circumstances to appear for
an interview or hearing, including a
hearing under section 240, the
application may be dismissed or the
applicant may be otherwise sanctioned
for such failure.
``(B) Additional regulatory conditions.--
The Attorney General may provide by regulation
for any other conditions or limitations on the
consideration of an application for asylum not
inconsistent with this Act.
``(6) Frivolous applications.--If the Attorney
General determines that an alien has knowingly made a
frivolous application for asylum and the alien has
received the notice under paragraph (4)(A), the alien
shall be permanently ineligible for any benefits under
this Act, effective as of the date of a final
determination on such application.
``(7) No private right of action.--Nothing in this
subsection shall be construed to create any substantive
or procedural right or benefit that is legally
enforceable by any party against the United States or
its agencies or officers or any other person.''.
(b) Conforming and Clerical Amendments.--
(1) The item in the table of contents relating to
section 208 is amended to read as follows:
``Sec. 208. Asylum.''.
(2) Section 104(d)(1)(A) of the Immigration Act of
1990 (Public Law 101-649) is amended by striking
``208(b)'' and inserting ``208''.
(c) Effective Date.--The amendment made by subsection (a)
shall apply to applications for asylum filed on or after the
first day of the first month beginning more than 180 days after
the date of the enactment of this Act.
SEC. 605. INCREASE IN ASYLUM OFFICERS.
Subject to the availability of appropriations, the Attorney
General shall provide for an increase in the number of asylum
officers to at least 600 asylum officers by fiscal year 1997.
SEC. 606. CONDITIONAL REPEAL OF CUBAN ADJUSTMENT ACT.
(a) In General.--Public Law 89-732 is repealed effective
only upon a determination by the President under section
203(c)(3) of the Cuban Liberty and Democratic Solidarity
(LIBERTAD) Act of 1996 (Public Law 104-114) that a
democratically elected government in Cuba is in power.
(b) Limitation.--Subsection (a) shall not apply to aliens
for whom an application for adjustment of status is pending on
such effective date.
Subtitle B--Miscellaneous Amendments to the Immigration and Nationality
Act
SEC. 621. ALIEN WITNESS COOPERATION.
Section 214(j)(1) (8 U.S.C. 1184(j)(1)) (as added by
section 130003(b)(2) of the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322; 108 Stat. 2025))
(relating to numerical limitations on the number of aliens who
may be provided a visa as nonimmigrants under section
101(a)(15)(S)) is amended--
(1) by striking ``100.'' and inserting ``200.'';
and
(2) by striking ``25.'' and inserting ``50.''.
SEC. 622. WAIVER OF FOREIGN COUNTRY RESIDENCE REQUIREMENT WITH RESPECT
TO INTERNATIONAL MEDICAL GRADUATES.
(a) Extension of Waiver Program.--Section 220(c) of the
Immigration and Nationality Technical Corrections Act of 1994
(8 U.S.C. 1182 note) is amended by striking ``1996.'' and
inserting ``2002.''.
(b) Conditions on Federally Requested Waivers.--Section
212(e) (8 U.S.C. 1182(e)) is amended by inserting after
``except that in the case of a waiver requested by a State
Department of Public Health, or its equivalent'' the following:
``, or in the case of a waiver requested by an interested
United States Government agency on behalf of an alien described
in clause (iii),''.
(c) Restrictions on Federally Requested Waivers.--Section
214(k) (8 U.S.C. 1184(k)) (as added by section 220(b) of the
Immigration and Nationality Technical Corrections Act of 1994
(Public Law 103-416; 108 Stat. 4319)) is amended to read as
follows:
``(k)(1) In the case of a request by an interested State
agency, or by an interested Federal agency, for a waiver of the
2-year foreign residence requirement under section 212(e) on
behalf of an alien described in clause (iii) of such section,
the Attorney General shall not grant such waiver unless--
``(A) in the case of an alien who is otherwise
contractually obligated to return to a foreign country,
the government of such country furnishes the Director
of the United States Information Agency with a
statement in writing that it has no objection to such
waiver;
``(B) in the case of a request by an interested
State agency, the grant of such waiver would not cause
the number of waivers allotted for that State for that
fiscal year to exceed 20;
``(C) in the case of a request by an interested
Federal agency or by an interested State agency--
``(i) the alien demonstrates a bona fide
offer of full-time employment at a health
facility or health care organization, which
employment has been determined by the Attorney
General to be in the public interest; and
``(ii) the alien agrees to begin employment
with the health facility or health care
organization within 90 days of receiving such
waiver, and agrees to continue to work for a
total of not less than 3 years (unless the
Attorney General determines that extenuating
circumstances exist, such as closure of the
facility or hardship to the alien, which would
justify a lesser period of employment at such
health facility or health care organization, in
which case the alien must demonstrate another
bona fide offer of employment at a health
facility or health care organization for the
remainder of such 3-year period); and
``(D) in the case of a request by an interested
Federal agency (other than a request by an interested
Federal agency to employ the alien full-time in medical
research or training) or by an interested State agency,
the alien agrees to practice medicine in accordance
with paragraph (2) for a total of not less than 3 years
only in the geographic area or areas which are
designated by the Secretary of Health and Human
Services as having a shortage of health care
professionals.
``(2)(A) Notwithstanding section 248(2), the Attorney
General may change the status of an alien who qualifies under
this subsection and section 212(e) to that of an alien
described in section 101(a)(15)(H)(i)(b).
``(B) No person who has obtained a change of status under
subparagraph (A) and who has failed to fulfill the terms of the
contract with the health facility or health care organization
named in the waiver application shall be eligible to apply for
an immigrant visa, for permanent residence, or for any other
change of nonimmigrant status, until it is established that
such person has resided and been physically present in the
country of his nationality or his last residence for an
aggregate of at least 2 years following departure from the
United States.
``(3) Notwithstanding any other provision of this
subsection, the 2-year foreign residence requirement under
section 212(e) shall apply with respect to an alien described
in clause (iii) of such section, who has not otherwise been
accorded status under section 101(a)(27)(H), if--
``(A) at any time the alien ceases to comply with
any agreement entered into under subparagraph (C) or
(D) of paragraph (1); or
``(B) the alien's employment ceases to benefit the
public interest at any time during the 3-year period
described in paragraph (1)(C).''.
SEC. 623. USE OF LEGALIZATION AND SPECIAL AGRICULTURAL WORKER
INFORMATION.
(a) Confidentiality of Information.--Section 245A(c)(5) (8
U.S.C. 1255a(c)(5)) is amended to read as follows:
``(5) Confidentiality of information.--
``(A) In general.--Except as provided in
this paragraph, neither the Attorney General,
nor any other official or employee of the
Department of Justice, or bureau or agency
thereof, may--
``(i) use the information furnished
by the applicant pursuant to an
application filed under this section
for any purpose other than to make a
determination on the application, for
enforcement of paragraph (6), or for
the preparation of reports to Congress
under section 404 of the Immigration
Reform and Control Act of 1986;
``(ii) make any publication whereby
the information furnished by any
particular applicant can be identified;
or
``(iii) permit anyone other than
the sworn officers and employees of the
Department or bureau or agency or, with
respect to applications filed with a
designated entity, that designated
entity, to examine individual
applications.
``(B) Required disclosures.--The Attorney
General shall provide the information furnished
under this section, and any other information
derived from such furnished information, to a
duly recognized law enforcement entity in
connection with a criminal investigation or
prosecution, when such information is requested
in writing by such entity, or to an official
coroner for purposes of affirmatively
identifying a deceased individual (whether or
not such individual is deceased as a result of
a crime).
``(C) Authorized disclosures.--The Attorney
General may provide, in the Attorney General's
discretion, for the furnishing of information
furnished under this section in the same manner
and circumstances as census information may be
disclosed by the Secretary of Commerce under
section 8 of title 13, United States Code.
``(D) Construction.--
``(i) In general.--Nothing in this
paragraph shall be construed to limit
the use, or release, for immigration
enforcement purposes or law enforcement
purposes of information contained in
files or records of the Service
pertaining to an application filed
under this section, other than
information furnished by an applicant
pursuant to the application, or any
other information derived from the
application, that is not available from
any other source.
``(ii) Criminal convictions.--
Information concerning whether the
applicant has at any time been
convicted of a crime may be used or
released for immigration enforcement or
law enforcement purposes.
``(E) Crime.--Whoever knowingly uses,
publishes, or permits information to be
examined in violation of this paragraph shall
be fined not more than $10,000.''.
(b) Special Agricultural Workers.--Section 210(b)(6) (8
U.S.C. 1160(b)(6)) is amended to read as follows:
``(6) Confidentiality of information.--
``(A) In general.--Except as provided in
this paragraph, neither the Attorney General,
nor any other official or employee of the
Department of Justice, or bureau or agency
thereof, may--
``(i) use the information furnished
by the applicant pursuant to an
application filed under this section
for any purpose other than to make a
determination on the application,
including a determination under
subsection (a)(3)(B), or for
enforcement of paragraph (7);
``(ii) make any publication whereby
the information furnished by any
particular individual can be
identified; or
``(iii) permit anyone other than
the sworn officers and employees of the
Department or bureau or agency or, with
respect to applications filed with a
designated entity, that designated
entity, to examine individual
applications.
``(B) Required disclosures.--The Attorney
General shall provide information furnished
under this section, and any other information
derived from such furnished information, to a
duly recognized law enforcement entity in
connection with a criminal investigation or
prosecution, when such information is requested
in writing by such entity, or to an official
coroner for purposes of affirmatively
identifying a deceased individual (whether or
not such individual is deceased as a result of
a crime).
``(C) Construction.--
``(i) In general.--Nothing in this
paragraph shall be construed to limit
the use, or release, for immigration
enforcement purposes or law enforcement
purposes of information contained in
files or records of the Service
pertaining to an application filed
under this section, other than
information furnished by an applicant
pursuant to the application, or any
other information derived from the
application, that is not available from
any other source.
``(ii) Criminal convictions.--
Information concerning whether the
applicant has at any time been
convicted of a crime may be used or
released for immigration enforcement or
law enforcement purposes.
``(D) Crime.--Whoever knowingly uses,
publishes, or permits information to be
examined in violation of this paragraph shall
be fined not more than $10,000.''.
SEC. 624. CONTINUED VALIDITY OF LABOR CERTIFICATIONS AND CLASSIFICATION
PETITIONS FOR PROFESSIONAL ATHLETES.
(a) Labor Certification.--Section 212(a)(5)(A) (8 U.S.C.
1182(a)(5)(A)) is amended by adding at the end the following:
``(iii) Professional athletes.--
``(I) In general.--A
certification made under clause
(i) with respect to a
professional athlete shall
remain valid with respect to
the athlete after the athlete
changes employer, if the new
employer is a team in the same
sport as the team which
employed the athlete when the
athlete first applied for the
certification.
``(II) Definition.--For
purposes of subclause (I), the
term `professional athlete'
means an individual who is
employed as an athlete by--
``(aa) a team that
is a member of an
association of 6 or
more professional
sports teams whose
total combined revenues
exceed $10,000,000 per
year, if the
association governs the
conduct of its members
and regulates the
contests and
exhibitions in which
its member teams
regularly engage; or
``(bb) any minor
league team that is
affiliated with such an
association.''.
(b) Classification Petitions.--Section 204 (8 U.S.C. 1154)
is amended by adding at the end the following:
``(i) Professional Athletes.--
``(1) In general.--A petition under subsection
(a)(4)(D) for classification of a professional athlete
shall remain valid for the athlete after the athlete
changes employers, if the new employer is a team in the
same sport as the team which was the employer who filed
the petition.
``(2) Definition.--For purposes of paragraph (1),
the term `professional athlete' means an individual who
is employed as an athlete by--
``(A) a team that is a member of an
association of 6 or more professional sports
teams whose total combined revenues exceed
$10,000,000 per year, if the association
governs the conduct of its members and
regulates the contests and exhibitions in which
its member teams regularly engage; or
``(B) any minor league team that is
affiliated with such an association.''.
SEC. 625. FOREIGN STUDENTS.
(a) Limitations.--
(1) In general.--Section 214 (8 U.S.C. 1184) is
amended by adding at the end the following new
subsection:
``(l)(1) An alien may not be accorded status as a
nonimmigrant under section 101(a)(15)(F)(i) in order to pursue
a course of study--
``(A) at a public elementary school or in a
publicly funded adult education program; or
``(B) at a public secondary school unless--
``(i) the aggregate period of such status
at such a school does not exceed 12 months with
respect to any alien, and (ii) the alien
demonstrates that the alien has reimbursed the
local educational agency that administers the
school for the full, unsubsidized per capita
cost of providing education at such school for
the period of the alien's attendance.
``(2) An alien who obtains the status of a nonimmigrant
under section 101(a)(15)(F)(i) in order to pursue a course of
study at a private elementary or secondary school or in a
language training program that is not publicly funded shall be
considered to have violated such status, and the alien's visa
under section 101(a)(15)(F) shall be void, if the alien
terminates or abandons such course of study at such a school
and undertakes a course of study at a public elementary school,
in a publicly funded adult education program, in a publicly
funded adult education language training program, or at a
public secondary school (unless the requirements of paragraph
(1)(B) are met).''.
(2) Conforming amendment.--Section 101(a)(15)(F) (8
U.S.C. 1101(a)(15)(F)) is amended by inserting
``consistent with section 214(l)'' after ``such a
course of study''.
(b) Reference to New Ground of Exclusion for Student Visa
Abusers.--For addition of ground of inadmissibility for certain
nonimmigrant student abusers, see section 347.
(c) Effective Date.--The amendments made by subsection (a)
shall apply to individuals who obtain the status of a
nonimmigrant under section 101(a)(15)(F) of the Immigration and
Nationality Act after the end of the 60-day period beginning on
the date of the enactment of this Act, including aliens whose
status as such a nonimmigrant is extended after the end of such
period.
SEC. 626. SERVICES TO FAMILY MEMBERS OF CERTAIN OFFICERS AND AGENTS
KILLED IN THE LINE OF DUTY.
(a) In General.--Title II, as amended by section 205(a), is
amended by adding at the end the following new section:
``transportation of remains of immigration officers and border patrol
agents killed in the line of duty
``Sec. 295. (a) In General.--To the extent provided in
appropriation Acts, when an immigration officer or border
patrol agent is killed in the line of duty, the Attorney
General may pay from appropriations available for the activity
in which the officer or agent was engaged--
``(1) the actual and necessary expenses of
transportation of the remains of the officer or agent
to a place of burial located in any State, American
Samoa, the Commonwealth of the Northern Mariana
Islands, the Republic of the Marshall Islands, the
Federated States of Micronesia, or the Republic of
Palau;
``(2) travel expenses, including per diem in lieu
of subsistence, of the decedent's spouse and minor
children to and from such site at rates not greater
than those established for official government travel
under subchapter I of chapter 57 of title 5, United
States Code; and
``(3) any other memorial service authorized by the
Attorney General.
``(b) Prepayment.--The Attorney General may prepay any
expense authorized to be paid under this section.''.
(b) Clerical Amendment.--The table of contents, as amended
by section 205(b), is amended by inserting after the item
relating to section 294 the following new item:
``Sec. 295. Transportation of remains of immigration officers and
border patrol agents killed in the line of duty.''.
Subtitle C--Provisions Relating to Visa Processing and Consular
Efficiency
SEC. 631. VALIDITY OF PERIOD OF VISAS.
(a) Extension of Validity of Immigrant Visas to 6 Months.--
Section 221(c) (8 U.S.C. 1201(c)) is amended by striking ``four
months'' and inserting ``six months''.
(b) Authorizing Application of Reciprocity Rule for
Nonimmigrant Visa in Case of Refugees and Permanent
Residents.--Such section is further amended by inserting before
the period at the end of the third sentence the following: ``;
except that in the case of aliens who are nationals of a
foreign country and who either are granted refugee status and
firmly resettled in another foreign country or are granted
permanent residence and residing in another foreign country,
the Secretary of State may prescribe the period of validity of
such a visa based upon the treatment granted by that other
foreign country to alien refugees and permanent residents,
respectively, in the United States''.
SEC. 632. ELIMINATION OF CONSULATE SHOPPING FOR VISA OVERSTAYS.
(a) In General.--Section 222 (8 U.S.C. 1202) is amended by
adding at the end the following:
``(g)(1) In the case of an alien who has been admitted on
the basis of a nonimmigrant visa and remained in the United
States beyond the period of stay authorized by the Attorney
General, such visa shall be void beginning after the conclusion
of such period of stay.
``(2) An alien described in paragraph (1) shall be
ineligible to be readmitted to the United States as a
nonimmigrant, except--
``(A) on the basis of a visa (other than the visa
described in paragraph (1)) issued in a consular office
located in the country of the alien's nationality (or,
if there is no office in such country, in such other
consular office as the Secretary of State shall
specify); or
``(B) where extraordinary circumstances are found
by the Secretary of State to exist.''.
(b) Applicability.--
(1) Visas.--Section 222(g)(1) of the Immigration
and Nationality Act, as added by subsection (a), shall
apply to a visa issued before, on, or after the date of
the enactment of this Act.
(2) Aliens seeking readmission.--Section 222(g)(2)
of the Immigration and Nationality Act, as added by
subsection (a), shall apply to any alien applying for
readmission to the United States after the date of the
enactment of this Act, except an alien applying for
readmission on the basis on a visa that--
(A) was issued before such date; and
(B) is not void through the application of
section 222(g)(1) of the Immigration and
Nationality Act, as added by subsection (a).
SEC. 633. AUTHORITY TO DETERMINE VISA PROCESSING PROCEDURES.
Section 202(a)(1) (8 U.S.C. 1152(a)(1)) is amended--
(1) by inserting ``(A)'' after
``Nondiscrimination.--''; and
(2) by adding at the end the following:
``(B) Nothing in this paragraph shall be construed
to limit the authority of the Secretary of State to
determine the procedures for the processing of
immigrant visa applications or the locations where such
applications will be processed.''.
SEC. 634. CHANGES REGARDING VISA APPLICATION PROCESS.
(a) Nonimmigrant Applications.--Section 222(c) (8 U.S.C.
1202(c)) is amended--
(1) by striking ``personal description'' through
``marks of identification);'';
(2) by striking ``applicant'' and inserting
``applicant, the determination of his eligibility for a
nonimmigrant visa,''; and
(3) by adding at the end the following: ``At the
discretion of the Secretary of State, application forms
for the various classes of nonimmigrant admissions
described in section 101(a)(15) may vary according to
the class of visa being requested.''.
(b) Disposition of Applications.--Section 222(e) (8 U.S.C.
1202(e)) is amended--
(1) in the first sentence, by striking ``required
by this section'' and inserting ``for an immigrant
visa''; and
(2) in the fourth sentence--
(A) by striking ``stamp'' and inserting
``stamp, or other'';
(B) by striking ``by the consular
officer''.
SEC. 635. VISA WAIVER PROGRAM.
(a) Elimination of Joint Action Requirement.--Section 217
(8 U.S.C. 1187) is amended--
(1) in subsection (a), by striking ``Attorney
General and the Secretary of State, acting jointly''
and inserting ``Attorney General, in consultation with
the Secretary of State'';
(2) in subsection (c)(1), by striking ``Attorney
General and the Secretary of State acting jointly'' and
inserting ``Attorney General, in consultation with the
Secretary of State,''; and
(3) in subsection (d), by striking ``Attorney
General and the Secretary of State, acting jointly,''
and inserting ``Attorney General, in consultation with
the Secretary of State,''.
(b) Extension of Program.--Section 217(f) (8 U.S.C.
1187(f)) is amended by striking ``1996'' and inserting
``1997.''.
(c) Duration and Termination of Designation of Pilot
Program Countries.--
(1) In general.--Section 217(g) (8 U.S.C. 1187(g))
is amended to read as follows:
``(g) Duration and Termination of Designation.--
``(1) In general.--
``(A) Determination and notification of
disqualification rate.--Upon determination by
the Attorney General that a pilot program
country's disqualification rate is 2 percent or
more, the Attorney General shall notify the
Secretary of State.
``(B) Probationary status.--If the program
country's disqualification rate is greater than
2 percent but less than 3.5 percent, the
Attorney General shall place the program
country in probationary status for a period not
to exceed 2 full fiscal years following the
year in which the determination under
subparagraph (A) is made.
``(C) Termination of designation.--Subject
to paragraph (3), if the program country's
disqualification rate is 3.5 percent or more,
the Attorney General shall terminate the
country's designation as a pilot program
country effective at the beginning of the
second fiscal year following the fiscal year in
which the determination under subparagraph (A)
is made.
``(2) Termination of probationary status.--
``(A) In general.--If the Attorney General
determines at the end of the probationary
period described in paragraph (1)(B) that the
program country placed in probationary status
under such paragraph has failed to develop a
machine-readable passport program as required
by section (c)(2)(C), or has a disqualification
rate of 2 percent or more, the Attorney General
shall terminate the designation of the country
as a pilot program country. If the Attorney
General determines that the program country has
developed a machine-readable passport program
and has a disqualification rate of less than 2
percent, the Attorney General shall redesignate
the country as a pilot program country.
``(B) Effective date.--A termination of the
designation of a country under subparagraph (A)
shall take
effect on the first day of the first fiscal year following the
fiscal year in which the determination under such subparagraph
is made. Until such date, nationals of the country shall remain
eligible for a waiver under subsection (a).
``(3) Nonapplicability of certain provisions.--
Paragraph (1)(C) shall not apply unless the total
number of nationals of a pilot program country
described in paragraph (4)(A) exceeds 100.
``(4) Definition.--For purposes of this subsection,
the term `disqualification rate' means the percentage
which--
``(A) the total number of nationals of the
pilot program country who were--
``(i) excluded from admission or
withdrew their application for
admission during the most recent fiscal
year for which data are available; and
``(ii) admitted as nonimmigrant
visitors during such fiscal year and
who violated the terms of such
admission; bears to
``(B) the total number of nationals of such
country who applied for admission as
nonimmigrant visitors during such fiscal
year.''.
(2) Transition.--A country designated as a pilot
program country with probationary status under section
217(g) of the Immigration and Nationality Act (as in
effect on the day before the date of the enactment of
this Act) shall be considered to be designated as a
pilot program country on and after such date, subject
to placement in probationary status or termination of
such designation under such section (as amended by
paragraph (1)).
(3) Conforming amendment.--Section 217(a)(2)(B) (8
U.S.C. 1187(a)(2)(B)) is amended by striking ``or is''
through ``subsection (g).'' and inserting a period.
SEC. 636. FEE FOR DIVERSITY IMMIGRANT LOTTERY.
The Secretary of State may establish a fee to be paid by
each applicant for an immigrant visa described in section
203(c) of the Immigration and Nationality Act. Such fee may be
set at a level that will ensure recovery of the cost to the
Department of State of allocating visas under such section,
including the cost of processing all applications thereunder.
All fees collected under this section shall be used for
providing consular services. All fees collected under this
section shall be deposited as an offsetting collection to any
Department of State appropriation and shall remain available
for obligations until expended. The provisions of the Act of
August 18, 1856 (11 Stat. 58; 22 U.S.C. 4212-4214), concerning
accounting for consular fees, shall not apply to fees collected
under this section.
SEC. 637. ELIGIBILITY FOR VISAS FOR CERTAIN POLISH APPLICANTS FOR THE
1995 DIVERSITY IMMIGRANT PROGRAM.
(a) In General.--The Attorney General, in consultation with
the Secretary of State, shall include among the aliens selected
for diversity immigrant visas for fiscal year 1997 pursuant to
section 203(c) of the Immigration and Nationality Act any alien
who, on or before September 30, 1995--
(1) was selected as a diversity immigrant under
such section for fiscal year 1995;
(2) applied for adjustment of status to that of an
alien lawfully admitted for permanent residence
pursuant to section 245 of such Act during fiscal year
1995, and whose application, and any associated fees,
were accepted by the Attorney General, in accordance
with applicable regulations;
(3) was not determined by the Attorney General to
be excludable under section 212 of such Act or
ineligible under section 203(c)(2) of such Act; and
(4) did not become an alien lawfully admitted for
permanent residence during fiscal year 1995.
(b) Priority.--The aliens selected under subsection (a)
shall be considered to have been selected for diversity
immigrant visas for fiscal year 1997 prior to any alien
selected under any other provision of law.
(c) Reduction of Immigrant Visa Number.--For purposes of
applying the numerical limitations in sections 201 and 203(c)
of the Immigration and Nationality Act, aliens selected under
subsection (a) who are granted an immigrant visa shall be
treated as aliens granted a visa under section 203(c) of such
Act.
Subtitle D--Other Provisions
SEC. 641. PROGRAM TO COLLECT INFORMATION RELATING TO NONIMMIGRANT
FOREIGN STUDENTS AND OTHER EXCHANGE PROGRAM
PARTICIPANTS.
(a) In General.--
(1) Program.--The Attorney General, in consultation
with the Secretary of State and the Secretary of
Education, shall develop and conduct a program to
collect from approved institutions of higher education
and designated exchange visitor programs in the United
States the information described in subsection (c) with
respect to aliens who--
(A) have the status, or are applying for
the status, of nonimmigrants under subparagraph
(F), (J), or (M) of section 101(a)(15) of the
Immigration and Nationality Act; and
(B) are nationals of the countries
designated under subsection (b).
(2) Deadline.--The program shall commence not later
than January 1, 1998.
(b) Covered Countries.--The Attorney General, in
consultation with the Secretary of State, shall designate
countries for purposes of subsection (a)(1)(B). The Attorney
General shall initially designate not less than 5 countries and
may designate additional countries at any time while the
program is being conducted.
(c) Information to be Collected.--
(1) In general.--The information for collection
under subsection (a) with respect to an alien consists
of--
(A) the identity and current address in the
United States of the alien;
(B) the nonimmigrant classification of the
alien and the date on which a visa under the
classification was issued or extended or the
date on which a change to such classification
was approved by the Attorney General;
(C) in the case of a student at an approved
institution of higher education, the current
academic status of the alien, including whether
the alien is maintaining status as a full-time
student or, in the case of a participant in a
designated exchange visitor program, whether
the alien is satisfying the terms and
conditions of such program; and
(D) in the case of a student at an approved
institution of higher education, any
disciplinary action taken by the institution
against the alien as a result of the alien's
being convicted of a crime or, in the case of a
participant in a designated exchange visitor
program, any change in the alien's
participation as a result of the alien's being
convicted of a crime.
(2) FERPA.--The Family Educational Rights and
Privacy Act of 1974 shall not apply to aliens described
in subsection (a) to the extent that the Attorney
General determines necessary to carry out the program
under subsection (a).
(3) Electronic collection.--The information
described in paragraph (1) shall be collected
electronically, where practicable.
(4) Computer software.--
(A) Collecting institutions.--To the extent
practicable, the Attorney General shall design
the program in a manner that permits approved
institutions of higher education and designated
exchange visitor programs to use existing
software for the collection, storage, and data
processing of information described in
paragraph (1).
(B) Attorney general.--To the extent
practicable, the Attorney General shall use or
enhance existing software for the collection,
storage, and data processing of information
described in paragraph (1).
(d) Participation by Institutions of Higher Education and
Exchange Visitor Programs.--
(1) Condition.--The information described in
subsection (c) shall be provided by as a condition of--
(A) in the case of an approved institution of
higher education, the continued approval of the
institution under subparagraph (F) or (M) of section
101(a)(15) of the Immigration and Nationality Act; and
(B) in the case of an approved institution of
higher education or a designated exchange visitor
program, the granting of authority to issue documents
to an alien demonstrating the alien's eligibility for a
visa under subparagraph (F), (J), or (M) of section
101(a)(15) of such Act.
(2) Effect of failure to provide information.--If
an approved institution of higher education or a
designated exchange visitor program fails to provide
the specified information, such approvals and such
issuance of visas shall be revoked or denied.
(e) Funding.--
(1) In general.--Beginning on April 1, 1997, an
approved institution of higher education and a
designated exchange visitor program shall impose on,
and collect from, each alien described in paragraph
(3), with respect to whom the institution or program is
required by subsection (a) to collect information, a
fee established by the Attorney General under paragraph
(4) at the time--
(A) when the alien first registers with the
institution or program after entering the
United States; or
(B) in a case where a registration under
subparagraph (A) does not exist, when the alien
first commences activities in the United States
with the institution or program.
(2) Remittance.--An approved institution of higher
education and a designated exchange visitor program
shall remit the fees collected under paragraph (1) to
the Attorney General pursuant to a schedule established
by the Attorney General.
(3) Aliens described.--An alien referred to in
paragraph (1) is an alien who has nonimmigrant status
under subparagraph (F), (J), or (M) of section
101(a)(15) of the Immigration and Nationality Act
(other than a nonimmigrant under section 101(a)(15)(J)
of such Act who has come to the United States as a
participant in a program sponsored by the Federal
Government).
(4) Amount and use of fees.--
(A) Establishment of amount.--The Attorney
General shall establish the amount of the fee
to be imposed on, and collected from, an alien
under paragraph (1). Except as provided in
subsection (g)(2), the fee imposed on any
individual may not exceed $100. The amount of
the fee shall be based on the Attorney
General's estimate of the cost per alien of
conducting the information collection program
described in this section.
(B) Use.--Fees collected under paragraph
(1) shall be deposited as offsetting receipts
into the Immigration Examinations Fee Account
(established under section 286(m) of the
Immigration and Nationality Act) and shall
remain available until expended for the
Attorney General to reimburse any appropriation
the amount paid out of which is for expenses in
carrying out this section.
(f) Joint Report.--Not later than 4 years after the
commencement of the program established under subsection (a),
the Attorney General, the Secretary of State, and the Secretary
of Education shall jointly submit to the Committees on the
Judiciary of the Senate and the House of Representatives a
report on the operations of the program and the feasibility of
expanding the program to cover the nationals of all countries.
(g) Worldwide Applicability of the Program.--
(1) Expansion of program.--
(A) In general.--Not later than 6 months
after the submission of the report required by
subsection (f), the Attorney General, in
consultation with the Secretary of State and
the Secretary of Education, shall commence
expansion of the program to cover the nationals
of all countries.
(B) Deadline.--Such expansion shall be
completed not later than 1 year after the date
of the submission of the report referred to in
subsection (f).
(2) Revision of fee.--After the program has been
expanded, as provided in paragraph (1), the Attorney
General may, on a periodic basis, revise the amount of
the fee imposed and collected under subsection (e) in
order to take into account changes in the cost of
carrying out the program.
(h) Definitions.--As used in this section:
(1) Approved institution of higher education.--The
term ``approved institution of higher education'' means
a college or university approved by the Attorney
General, in consultation with the Secretary of
Education, under subparagraph (F), (J), or (M) of
section 101(a)(15) of the Immigration and Nationality
Act.
(2) Designated exchange visitor program.--The term
``designated exchange visitor program'' means a program
that has been--
(A) designated by the Director of the
United States Information Agency for purposes
of section 101(a)(15)(J) of the Immigration and
Nationality Act; and
(B) selected by the Attorney General for
purposes of the program under this section.
SEC. 642. COMMUNICATION BETWEEN GOVERNMENT AGENCIES AND THE IMMIGRATION
AND NATURALIZATION SERVICE.
(a) In General.--Notwithstanding any other provision of
Federal, State, or local law, a Federal, State, or local
government entity or official may not prohibit, or in any way
restrict, any government entity or official from sending to, or
receiving from, the Immigration and Naturalization Service
information regarding the citizenship or immigration status,
lawful or unlawful, of any individual.
(b) Additional Authority of Government Entities.--
Notwithstanding any other provision of Federal, State, or local
law, no person or agency may prohibit, or in any way restrict,
a Federal, State, or local government entity from doing any of
the following with respect to information regarding the
immigration status, lawful or unlawful, of any individual:
(1) Sending such information to, or requesting or
receiving such information from, the Immigration and
Naturalization Service.
(2) Maintaining such information.
(3) Exchanging such information with any other
Federal, State, or local government entity.
(c) Obligation to Respond to Inquiries.--The Immigration
and Naturalization Service shall respond to an inquiry by a
Federal, State, or local government agency, seeking to verify
or ascertain the citizenship or immigration status of any
individual within the jurisdiction of the agency for any
purpose authorized by law, by providing the requested
verification or status information.
SEC. 643. REGULATIONS REGARDING HABITUAL RESIDENCE.
Not later than 6 months after the date of the enactment of
this Act, the Commissioner of Immigration and Naturalization
shall issue regulations governing rights of ``habitual
residence'' in the United States under the terms of the
following:
(1) The Compact of Free Association between the
Government of the United States and the Governments of
the Marshall Islands and the Federated States of
Micronesia (48 U.S.C. 1901 note).
(2) The Compact of Free Association between the
Government of the United States and the Government of
Palau (48 U.S.C. 1931 note).
SEC. 644. INFORMATION REGARDING FEMALE GENITAL MUTILATION.
(a) Provision of Information Regarding Female Genital
Mutilation.--The Immigration and Naturalization Service (in
cooperation with the Department of State) shall make available
for all aliens who are issued immigrant or nonimmigrant visas,
prior to or at the time of entry into the United States, the
following information:
(1) Information on the severe harm to physical and
psychological health caused by female genital
mutilation which is compiled and presented in a manner
which is limited to the practice itself and respectful
to the cultural values of the societies in which such
practice takes place.
(2) Information concerning potential legal
consequences in the United States for (A) performing
female genital mutilation, or (B) allowing a child
under his or her care to be subjected to female genital
mutilation, under criminal or child protection statutes
or as a form of child abuse.
(b) Limitation.--In consultation with the Secretary of
State, the Commissioner of Immigration and Naturalization shall
identify those countries in which female genital mutilation is
commonly practiced and, to the extent practicable, limit the
provision of information under subsection (a) to aliens from
such countries.
(c) Definition.--For purposes of this section, the term
``female genital mutilation'' means the removal or infibulation
(or both) of the whole or part of the clitoris, the labia
minora, or labia majora.
SEC. 645. CRIMINALIZATION OF FEMALE GENITAL MUTILATION.
(a) Findings.--The Congress finds that--
(1) the practice of female genital mutilation is
carried out by members of certain cultural and
religious groups within the United States;
(2) the practice of female genital mutilation often
results in the occurrence of physical and psychological
health effects that harm the women involved;
(3) such mutilation infringes upon the guarantees
of rights secured by Federal and State law, both
statutory and constitutional;
(4) the unique circumstances surrounding the
practice of female genital mutilation place it beyond
the ability of any single State or local jurisdiction
to control;
(5) the practice of female genital mutilation can
be prohibited without abridging the exercise of any
rights guaranteed under the first amendment to the
Constitution or under any other law; and
(6) Congress has the affirmative power under
section 8 of article I, the necessary and proper
clause, section 5 of the fourteenth amendment, as well
as under the treaty clause, to the Constitution to
enact such legislation.
(b) Crime.--
(1) In general.--Chapter 7 of title 18, United
States Code, is amended by adding at the end the
following:
``Sec. 116. Female genital mutilation
``(a) Except as provided in subsection (b), whoever
knowingly circumcises, excises, or infibulates the whole or any
part of the labia majora or labia minora or clitoris of another
person who has not attained the age of 18 years shall be fined
under this title or imprisoned not more than 5 years, or both.
``(b) A surgical operation is not a violation of this
section if the operation is--
``(1) necessary to the health of the person on whom
it is performed, and is performed by a person licensed
in the place of its performance as a medical
practitioner; or
``(2) performed on a person in labor or who has
just given birth and is performed for medical purposes
connected with that labor or birth by a person licensed
in the place it is performed as a medical practitioner,
midwife, or person in training to become such a
practitioner or midwife.
``(c) In applying subsection (b)(1), no account shall be
taken of the effect on the person on whom the operation is to
be performed of any belief on the part of that person, or any
other person, that the operation is required as a matter of
custom or ritual.''.
(2) Conforming amendment.--The table of sections at
the beginning of chapter 7 of title 18, United States
Code, is amended by adding at the end the following new
item:
``116. Female genital mutilation.''.
(c) Effective Date.--The amendments made by subsection (b)
shall take effect on the date that is 180 days after the date
of the enactment of this Act.
SEC. 646. ADJUSTMENT OF STATUS FOR CERTAIN POLISH AND HUNGARIAN
PAROLEES.
(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 Poland or Hungary; and
(2) was inspected and granted parole into the
United States during the period beginning on November
1, 1989, and ending on December 31, 1991, after being
denied refugee status.
(c) Waiver of Certain Grounds for Inadmissibility.--The
provisions of paragraphs (4), (5), and (7)(A) 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 (2)(C) and subparagraphs (A), (B), (C), or (E)
of paragraph (3)) with respect to such an adjustment for
humanitarian purposes, to assure family unity, or when it is
otherwise in the public interest.
(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 an alien
lawfully admitted for permanent residence 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.
SEC. 647. SUPPORT OF DEMONSTRATION PROJECTS.
(a) In General.--The Attorney General shall make available
funds under this section, in each of fiscal years 1997 through
2001, to the Commissioner of Immigration and Naturalization or
to other public or private nonprofit entities to support
demonstration projects under this section at 10 sites
throughout the United States. Each such project shall be
designed to provide for the administration of the oath of
allegiance under section 337(a) of the Immigration and
Nationality Act on a business day around Independence Day to
approximately 500 people whose application for naturalization
has been approved. Each project shall provide for appropriate
outreach and ceremonial and celebratory activities.
(b) Selection of Sites.--The Attorney General shall, in the
Attorney General's discretion, select diverse locations for
sites on the basis of the number of naturalization applicants
living in proximity to each site and the degree of local
community participation and support in the project to be held
at the site. Not more than 2 sites may be located in the same
State. The Attorney General shall consider changing the sites
selected from year to year.
(c) Amounts Available; Use of Funds.--
(1) Amount.--The amount made available under this
section with respect to any single site for a year
shall not exceed $5,000.
(2) Use.--Funds made available under this section
may be used only to cover expenses incurred in carrying
out oath administration ceremonies at the demonstration
sites under subsection (a), including expenses for--
(A) cost of personnel of the Immigration
and Naturalization Service (including travel
and overtime expenses);
(B) rental of space; and
(C) costs of printing appropriate brochures
and other information about the ceremonies.
(3) Availability of funds.--Funds that are
otherwise available to the Immigration and
Naturalization Service to carry out naturalization
activities shall be available, to the extent provided
in appropriation Acts, to carry out this section.
(d) Application.--In the case of an entity other than the
Immigration and Naturalization Service seeking to conduct a
demonstration project under this section, no amounts may be
made available to the entity under this section unless an
appropriate application has been made to, and approved by, the
Attorney General, in a form and manner specified by the
Attorney General.
SEC. 648. SENSE OF CONGRESS REGARDING AMERICAN-MADE PRODUCTS;
REQUIREMENTS REGARDING NOTICE.
(a) Purchase of American-Made Equipment and Products.--It
is the sense of the Congress that, to the greatest extent
practicable, all equipment and products purchased with funds
made available under this Act should be American-made.
(b) Notice to Recipients of Grants.--In providing grants
under this Act, the Attorney General, to the greatest extent
practicable, shall provide to each recipient of a grant a
notice describing the statement made in subsection (a) by the
Congress.
SEC. 649. VESSEL MOVEMENT CONTROLS DURING IMMIGRATION EMERGENCY.
Section 1 of the Act of June 15, 1917 (50 U.S.C. 191) is
amended in the first sentence by inserting ``or whenever the
Attorney General determines that an actual or anticipated mass
migration of aliens en route to, or arriving off the coast of,
the United States presents urgent circumstances requiring an
immediate Federal response,'' after ``United States,'' the
first place such term appears.
SEC. 650. REVIEW OF PRACTICES OF TESTING ENTITIES.
(a) In General.--The Attorney General shall investigate,
and submit a report to the Committees on the Judiciary of the
House of Representatives and of the Senate regarding, the
practices of entities authorized to administer standardized
citizenship tests pursuant to section 312.3(a) of title 8, Code
of Federal Regulations. The report shall include any findings
of fraudulent practices by such entities.
(b) Preliminary and Final Reports.--Not later than 90 days
after the date of the enactment of this Act, the Attorney
General shall submit to the Committees on the Judiciary of the
House of Representatives and of the Senate a preliminary report
on the investigation conducted under subsection (a). The
Attorney General shall submit to such Committees a final report
on such investigation not later than 275 days after the
submission of the preliminary report.
SEC. 651. DESIGNATION OF A UNITED STATES CUSTOMS ADMINISTRATIVE
BUILDING.
(a) Designation.--The United States Customs Administrative
Building at the Ysleta/Zaragosa Port of Entry located at 797
South Zaragosa Road in El Paso, Texas, is designated as the
``Timothy C. McCaghren Customs Administrative Building''.
(b) Legal References.--Any reference in any law,
regulation, document, record, map, or other paper of the United
States to the building referred to in subsection (a) is deemed
to be a reference to the ``Timothy C. McCaghren Customs
Administrative Building''.
SEC. 652. MAIL-ORDER BRIDE BUSINESS.
(a) Findings.--The Congress finds as follows:
(1) There is a substantial ``mail-order bride''
business in the United States. With approximately 200
companies in the United States, an estimated 2,000 to
3,500 men in the United States find wives through mail-
order bride catalogs each year. However, there are no
official statistics available on the number of mail-
order brides entering the United States each year.
(2) The companies engaged in the mail-order bride
business earn substantial profits.
(3) Although many of these mail-order marriages
work out, in many other cases, anecdotal evidence
suggests that mail-order brides find themselves in
abusive relationships. There is also evidence to
suggest that a substantial number of mail-order
marriages are fraudulent under United States law.
(4) Many mail-order brides come to the United
States unaware or ignorant of United States immigration
law. Mail-order brides who are battered often think
that if they flee an abusive marriage, they will be
deported. Often the citizen spouse threatens to have
them deported if they report the abuse.
(5) The Immigration and Naturalization Service
estimates that the rate of marriage fraud between
foreign nationals and United States citizens or aliens
lawfully admitted for permanent residence is 8 percent.
It is unclear what percentage of these marriage fraud
cases originate as mail-order marriages.
(b) Information Dissemination.--
(1) Requirement.--Each international matchmaking
organization doing business in the United States shall
disseminate to recruits, upon recruitment, such
immigration and naturalization information as the
Immigration and Naturalization Service deems
appropriate, in the recruit's native language,
including information regarding conditional permanent
residence status and the battered spouse waiver under
such status, permanent resident status, marriage fraud
penalties, the unregulated nature of the business
engaged in by such organizations, and the study
required under subsection (c).
(2) Civil penalty.--
(A) Violation.--Any international
matchmaking organization that the Attorney
General determines has violated subsection (b)
shall be subject, in addition to any other
penalties that may be prescribed by law, to a
civil money penalty of not more than $20,000
for each such violation.
(B) Procedures for imposition of penalty.--
Any penalty under subparagraph (A) may be
imposed only after notice and opportunity for
an agency hearing on the record in accordance
with sections 554 through 557 of title 5,
United States Code.
(c) Study.--The Attorney General, in consultation with the
Commissioner of Immigration and Naturalization and the Director
of the Violence Against Women Initiative of the Department of
Justice, shall conduct a study of mail-order marriages to
determine, among other things--
(1) the number of such marriages;
(2) the extent of marriage fraud in such marriages,
including an estimate of the extent of marriage fraud
arising from the services provided by international
matchmaking organizations;
(3) the extent to which mail-order spouses utilize
section 244(a)(3) of the Immigration and Nationality
Act (providing for suspension of deportation in certain
cases involving abuse), or section 204(a)(1)(A)(iii) of
such Act (providing for certain aliens who have been
abused to file a classification petition on their own
behalf);
(4) the extent of domestic abuse in mail-order
marriages; and
(5) the need for continued or expanded regulation
and education to implement the objectives of the
Violence Against Women Act of 1994 and the Immigration
Marriage Fraud Amendments of 1986 with respect to mail-
order marriages.
(d) Report.--Not later than 1 year after the date of the
enactment of this Act, the Attorney General shall submit a
report to the Committees on the Judiciary of the House of
Representatives and of the Senate setting forth the results of
the study conducted under subsection (c).
(e) Definitions.--As used in this section:
(1) International matchmaking organization.--
(A) In general.--The term ``international
matchmaking organization'' means a corporation,
partnership, business, or other legal entity,
whether or not organized under the laws of the
United States or any State, that does business
in the United States and for profit offers to
United States citizens or aliens lawfully
admitted for permanent residence, dating,
matrimonial, or social referral services to
nonresident noncitizens, by--
(i) an exchange of names, telephone
numbers, addresses, or statistics;
(ii) selection of photographs; or
(iii) a social environment provided
by the organization in a country other
than the United States.
(B) Exception.--Such term does not include
a traditional matchmaking organization of a
religious nature that otherwise operates in
compliance with the laws of the countries of
the recruits of such organization and the laws
of the United States.
(2) Recruit.--The term ``recruit'' means a
noncitizen, nonresident person, recruited by the
international matchmaking organization for the purpose
of providing dating, matrimonial, or social referral
services to United States citizens or aliens lawfully
admitted for permanent residence.
SEC. 653. REVIEW AND REPORT ON H-2A NONIMMIGRANT WORKERS PROGRAM.
(a) Sense of the Congress.--It is the sense of the Congress
that the H2-A nonimmigrant worker program should be reviewed
and may need improvement in order to meet the need of producers
of labor-intensive agricultural commodities and livestock in
the United States for an adequate workforce.
(b) Review.--The Comptroller General shall review the
effectiveness of the H-2A nonimmigrant worker program to ensure
that the program provides a sufficient supply of agricultural
labor in the event of future shortages of domestic workers
after the enactment of this Act. Among other things, the
Comptroller General shall review the H-2A nonimmigrant worker
program to determine--
(1) whether the program ensures that an adequate
supply of qualified United States workers is available
at the time and place needed for employers seeking such
workers after the date of enactment of this Act;
(2) whether the program ensures that there is
timely approval of applications for temporary foreign
workers under the program in the event of shortages of
United States workers after the date of the enactment
of this Act;
(3) whether the program ensures that implementation
of the program is not displacing United States
agricultural workers or diminishing the terms and
conditions of employment of United States agricultural
workers;
(4) if, and to what extent, the program is
contributing to the problem of illegal immigration; and
(5) that the program adequately meets the needs of
agricultural employers for all types of temporary
foreign agricultural workers, including higher-skilled
workers in occupations which require a level of
specific vocational preparation of 4 or higher (as
described in the 4th edition of the Dictionary of
Occupational Title, published by the Department of
Labor).
(c) Report.--Not later than December 31, 1996, or 3 months
after the date of the enactment of this Act, whichever occurs
earlier, the Comptroller General shall submit a report to the
appropriate committees of the Congress setting forth the
conclusions of the Comptroller General from the review
conducted under subsection (b).
(d) Definitions.--As used in this section:
(1) The term ``Comptroller General'' means the
Comptroller General of the United States.
(2) The term ``H-2A nonimmigrant worker program''
means the program for the admission of nonimmigrant
aliens described in section 101(a)(15)(H)(ii)(a) of the
Immigration and Nationality Act.
SEC. 654. REPORT ON ALLEGATIONS OF HARASSMENT BY CANADIAN CUSTOMS
AGENTS.
(a) Study and Review.--
(1) In general.--Not later than 30 days after the
date of the enactment of this Act, the Commissioner of
the United States Customs Service shall initiate a
study of harassment by Canadian customs agents
allegedly undertaken for the purpose of deterring
cross-border commercial activity along the United
States-New Brunswick border. Such study shall include a
review of the possible connection between any incidents
of harassment and the discriminatory imposition of the
New Brunswick provincial sales tax on goods purchased
in the United States by New Brunswick residents, and
with any other actions taken by the Canadian provincial
governments to deter cross-border commercial
activities.
(2) Consultation.--In conducting the study under
paragraph (1), the Commissioner of the United States
Customs Service shall consult with representatives of
the State of Maine, local governments, local
businesses, and any other knowledgeable persons who the
Commissioner considers to be important to the
completion of the study.
(b) Report.--Not later than 120 days after the date of the
enactment of this Act, the Commissioner of the United States
Customs Service shall submit to the Committees on the Judiciary
of the House of Representatives and of the Senate a report on
the study and review conducted under subsection (a). The report
shall include recommendations for steps that the United States
Government can take to help end any harassment by Canadian
customs agents that is found to have occurred.
SEC. 655. SENSE OF CONGRESS ON DISCRIMINATORY APPLICATION OF NEW
BRUNSWICK PROVINCIAL SALES TAX.
(a) Findings.--The Congress finds as follows:
(1) In July 1993, Canadian customs officers began
collecting an 11 percent New Brunswick provincial sales
tax on goods purchased in the United States by New
Brunswick residents, an action that has caused severe
economic harm to United States businesses located in
proximity to the border with New Brunswick.
(2) This impediment to cross-border trade compounds
the damage already done from the Canadian Government's
imposition of a 7 percent tax on all goods bought by
Canadians in the United States.
(3) Collection of the New Brunswick provincial
sales tax on goods purchased outside of New Brunswick
is effected only along the United States-Canadian
border, not along New Brunswick's borders with other
Canadian provinces; the tax is thus being administered
by Canadian authorities in a manner uniquely
discriminatory to Canadians shopping in the United
States.
(4) In February 1994, the United States Trade
Representative publicly stated an intention to seek
redress from the discriminatory application of the New
Brunswick provincial sales tax under the dispute
resolution process in chapter 20 of the North American
Free Trade Agreement (NAFTA), but the United States
Government has still not made such a claim under NAFTA
procedures.
(5) Initially, the United States Trade
Representative argued that filing a New Brunswick
provincial sales tax claim was delayed only because the
dispute mechanism under NAFTA had not yet been
finalized, but more than a year after such mechanism
has been put in place, the claim has still not been put
forward by the United States Trade Representative.
(b) Sense of Congress.--It is the sense of the Congress
that--
(1) the provincial sales tax levied by the Canadian
province of New Brunswick on Canadian citizens of that
province who purchase goods in the United States--
(A) raises questions about a possible
violation of the North American Free Trade
Agreement in the discriminatory application of
the tax to cross-border trade with the United
States; and
(B) damages good relations between the
United States and Canada; and
(2) the United States Trade Representative should
move forward without further delay in seeking redress
under the dispute resolution process in chapter 20 of
the North American Free Trade Agreement for the
violation.
SEC. 656. IMPROVEMENTS IN IDENTIFICATION-RELATED DOCUMENTS.
(a) Birth Certificates.--
(1) Standards for acceptance by Federal agencies.--
(A) In general.--
(i) General rule.--Subject to
clause (ii), a Federal agency may not
accept for any official purpose a
certificate of birth, unless the
certificate--
(I) is a birth certificate
(as defined in paragraph (3));
and
(II) conforms to the
standards set forth in the
regulation promulgated under
subparagraph (B).
(ii) Applicability.--Clause (i)
shall apply only to a certificate of
birth issued after the day that is 3
years after the date of the
promulgation of a final regulation
under subparagraph (B). Clause (i)
shall not be construed to prevent a
Federal agency from accepting for
official purposes any certificate of
birth issued on or before such day.
(B) Regulation.--
(i) Consultation with government
agencies.--The President shall select 1
or more Federal agencies to consult
with State vital statistics offices,
and with other appropriate Federal
agencies designated by the President,
for the purpose of developing
appropriate standards for birth
certificates that may be accepted for
official purposes by Federal agencies,
as provided in subparagraph (A).
(ii) Selection of lead agency.--Of
the Federal agencies selected under
clause (i), the President shall select
1 agency to promulgate, upon the
conclusion of the consultation
conducted under such clause, a
regulation establishing standards of
the type described in such clause.
(iii) Deadline.--The agency
selected under clause (ii) shall
promulgate a final regulation under
such clause not later than the date
that is 1 year after the date of the
enactment of this Act.
(iv) Minimum requirements.--The
standards established under this
subparagraph--
(I) at a minimum, shall
require certification of the
birth certificate by the State
or local custodian of record
that issued the certificate,
and shall require the use of
safety paper, the seal of the
issuing custodian of record,
and other features designed to
limit tampering,
counterfeiting, and
photocopying, or otherwise
duplicating, the birth
certificate for fraudulent
purposes;
(II) may not require a
single design to which birth
certificates issued by all
States must conform; and
(III) shall accommodate the
differences between the States
in the manner and form in which
birth records are stored and
birth certificates are produced
from such records.
(2) Grants to states.--
(A) Assistance in meeting federal
standards.--
(i) In general.--Beginning on the
date a final regulation is promulgated
under paragraph (1)(B), the Secretary
of Health and Human Services, acting
through the Director of the National
Center for Health Statistics and after
consulting with the head of any other
agency designated by the President,
shall make grants to States to assist
them in issuing birth certificates that
conform to the standards set forth in
the regulation.
(ii) Allocation of grants.--The
Secretary shall provide grants to
States under this subparagraph in
proportion to the populations of the
States applying to receive a grant and
in an amount needed to provide a
substantial incentive for States to
issue birth certificates that conform
to the standards described in clause
(i).
(B) Assistance in matching birth and death
records.--
(i) In general.--The Secretary of
Health and Human Services, acting
through the Director of the National
Center for Health Statistics and after
consulting with the head of any other
agency designated by the President,
shall make grants to States to assist
them in developing the capability to
match birth and death records, within
each State and among the States, and to
note the fact of death on the birth
certificates of deceased persons. In
developing the capability described in
the preceding sentence, a State that
receives a grant under this
subparagraph shall focus first on
individuals born after 1950.
(ii) Allocation and amount of
grants.--The Secretary shall provide
grants to States under this
subparagraph in proportion to the
populations of the States applying to
receive a grant and in an amount needed
to provide a substantial incentive for
States to develop the capability
described in clause (i).
(C) Demonstration projects.--The Secretary
of Health and Human Services, acting through
the Director of the National Center for Health
Statistics, shall make grants to States for a
project in each of 5 States to demonstrate the
feasibility of a system under which persons
otherwise required to report the death of
individuals to a State would be required to
provide to the State's office of vital
statistics sufficient information to establish
the fact of death of every individual dying in
the State within 24 hours of acquiring the
information.
(3) Birth Certificate.--As used in this subsection,
the term ``birth certificate'' means a certificate of
birth--
(A) of--
(i) an individual born in the
United States; or
(ii) an individual born abroad--
(I) who is a citizen or
national of the United States
at birth; and
(II) whose birth is
registered in the United
States; and
(B) that--
(i) is a copy, issued by a State or
local authorized custodian of record,
of an original certificate of birth
issued by such custodian of record; or
(ii) was issued by a State or local
authorized custodian of record and was
produced from birth records maintained
by such custodian of record.
(b) State-Issued Drivers Licenses and Comparable
Identification Documents.--
(1) Standards for acceptance by Federal agencies.--
(A) In general.--A Federal agency may not
accept for any identification-related purpose a
driver's license, or other comparable
identification document, issued by a State,
unless the license or document satisfies the
following requirements:
(i) Application process.--The
application process for the license or
document shall include the presentation
of such evidence of identity as is
required by regulations promulgated by
the Secretary of Transportation after
consultation with the American
Association of Motor Vehicle
Administrators.
(ii) Social security number.--
Except as provided in subparagraph (B),
the license or document shall contain a
social security account number that can
be read visually or by electronic
means.
(iii) Form.--The license or
document otherwise shall be in a form
consistent with requirements set forth
in regulations promulgated by the
Secretary of Transportation after
consultation with the American
Association of Motor Vehicle
Administrators. The form shall contain
security features designed to limit
tampering, counterfeiting,
photocopying, or otherwise duplicating,
the license or document for fraudulent
purposes and to limit use of the
license or document by impostors.
(B) Exception.--The requirement in
subparagraph (A)(ii) shall not apply with
respect to a driver's license or other
comparable identification document issued by a
State, if the State--
(i) does not require the license or
document to contain a social security
account number; and
(ii) requires--
(I) every applicant for a
driver's license, or other
comparable identification
document, to submit the
applicant's social security
account number; and
(II) an agency of the State
to verify with the Social
Security Administration that
such account number is valid.
(C) Deadline.--The Secretary of
Transportation shall promulgate the regulations
referred to in clauses (i) and (iii) of
subparagraph (A) not later than 1 year after
the date of the enactment of this Act.
(2) Grants to states.--Beginning on the date final
regulations are promulgated under paragraph (1), the
Secretary of Transportation shall make grants to States
to assist them in issuing driver's licenses and other
comparable identification documents that satisfy the
requirements under such paragraph.
(3) Effective dates.--
(A) In general.--Except as otherwise
provided in this paragraph, this subsection
shall take effect on the date of the enactment
of this Act.
(B) Prohibition on federal agencies.--
Subparagraphs (A) and (B) of paragraph (1)
shall take effect beginning on October 1, 2000,
but shall apply only to licenses or documents
issued to an individual for the first time and
to replacement or renewal licenses or documents
issued according to State law.
(c) Report.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Health and Human
Services shall submit a report to the Congress on ways to
reduce the fraudulent obtaining and the fraudulent use of birth
certificates, including any such use to obtain a social
security account number or a State or Federal document related
to identification or immigration.
(d) Federal Agency Defined.--For purposes of this section,
the term ``Federal agency'' means any of the following:
(1) An Executive agency (as defined in section 105
of title 5, United States Code).
(2) A military department (as defined in section
102 of such title).
(3) An agency in the legislative branch of the
Government of the United States.
(4) An agency in the judicial branch of the
Government of the United States.
SEC. 657. DEVELOPMENT OF PROTOTYPE OF COUNTERFEIT-RESISTANT SOCIAL
SECURITY CARD.
(a) Development.--
(1) In general.--The Commissioner of Social
Security (in this section referred to as the
``Commissioner'') shall, in accordance with the
provisions of this section, develop a prototype of a
counterfeit-resistant social security card. Such
prototype card--
(A) shall be made of a durable, tamper-
resistant material such as plastic or
polyester;
(B) shall employ technologies that provide
security features, such as magnetic stripes,
holograms, and integrated circuits; and
(C) shall be developed so as to provide
individuals with reliable proof of citizenship
or legal resident alien status.
(2) Assistance by attorney general.--The Attorney
General shall provide such information and assistance
as the Commissioner deems necessary to achieve the
purposes of this section.
(b) Studies and Reports.--
(1) In general.--The Comptroller General and the
Commissioner of Social Security shall each conduct a
study, and issue a report to the Congress, that
examines different methods of improving the social
security card application process.
(2) Elements of studies.--The studies shall include
evaluations of the cost and work load implications of
issuing a counterfeit-resistant social security card
for all individuals over a 3, 5, and 10 year period.
The studies shall also evaluate the feasibility and
cost implications of imposing a user fee for
replacement cards and cards issued to individuals who
apply for such a card prior to the scheduled 3, 5, and
10 year phase-in options.
(3) Distribution of reports.--Copies of the reports
described in this subsection, along with facsimiles of
the prototype cards as described in subsection (a),
shall be submitted to the Committees on Ways and Means
and Judiciary of the House of Representatives and the
Committees on Finance and Judiciary of the Senate not
later than 1 year after the date of the enactment of
this Act.
SEC. 658. BORDER PATROL MUSEUM.
(a) Authority.--Notwithstanding section 203 of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C.
484) or any other provision of law, the Attorney General is
authorized to transfer and convey to the Border Patrol Museum
and Memorial Library Foundation, incorporated in the State of
Texas, such equipment, artifacts, and memorabilia held by the
Immigration and Naturalization Service as the Attorney General
may determine is necessary to further the purposes of the
Museum and Foundation.
(b) Technical Assistance.--The Attorney General is
authorized to provide technical assistance, through the detail
of personnel of the Immigration and Naturalization Service, to
the Border Patrol Museum and Memorial Library Foundation for
the purpose of demonstrating the use of the items transferred
under subsection (a).
SEC. 659. SENSE OF THE CONGRESS REGARDING THE MISSION OF THE
IMMIGRATION AND NATURALIZATION SERVICE.
It is the sense of the Congress that the mission statement
of the Immigration and Naturalization Service should include a
statement that it is the responsibility of the Service to
detect, apprehend, and remove those aliens unlawfully present
in the United States, particularly those aliens involved in
drug trafficking or other criminal activity.
SEC. 660. AUTHORITY FOR NATIONAL GUARD TO ASSIST IN TRANSPORTATION OF
CERTAIN ALIENS.
Section 112(d)(1) of title 32, United States Code, is
amended by adding at the end the following new sentence: ``The
plan as approved by the Secretary may provide for the use of
personnel and equipment of the National Guard of that State to
assist the Immigration and Naturalization Service in the
transportation of aliens who have violated a Federal or State
law prohibiting or regulating the possession, use, or
distribution of a controlled substance.''.
Subtitle E--Technical Corrections
SEC. 671. MISCELLANEOUS TECHNICAL CORRECTIONS.
(a) Amendments Relating to Public Law 103-322 (Violent
Crime Control and Law Enforcement Act of 1994).--
(1) Section 60024(1)(F) of the Violent Crime
Control and Law Enforcement Act of 1994 (Public Law
103-322) (in this subsection referred to as ``VCCLEA'')
is amended by inserting ``United States Code,'' after
``title 18,''.
(2) Section 130003(b)(3) of VCCLEA is amended by
striking ``Naturalization'' and inserting
``Nationality''.
(3)(A) Section 214 (8 U.S.C. 1184) is amended by
redesignating the subsection (j), added by section
130003(b)(2) of VCCLEA (108 Stat. 2025), and the
subsection (k), as amended by section 622(c), as
subsections (k) and (l), respectively.
(B) Section 101(a)(15)(S) (8 U.S.C. 1101(a)(15)(S))
is amended by striking ``214(j)'' and inserting
``214(k)''.
(4)(A) Section 245 (8 U.S.C. 1255) is amended by
redesignating the subsection (i) added by section
130003(c)(1) of VCCLEA as subsection (j).
(B) Section 241(a)(2)(A)(i)(I) (8 U.S.C.
1251(a)(2)(A)(i)(I)), as amended by section 130003(d)
of VCCLEA and before redesignation by section
305(a)(2), is amended by striking ``245(i)'' and
inserting ``245(j)''.
(5) Section 245(j)(3), as added by section
130003(c)(1) of VCCLEA and as redesignated by paragraph
(4)(A), is amended by striking ``paragraphs (1) or
(2)'' and inserting ``paragraph (1) or (2)''.
(6) Section 130007(a) of VCCLEA is amended by
striking ``242A(d)'' and inserting ``242A(a)(3)''.
(7) The amendments made by this subsection shall be
effective as if included in the enactment of the
VCCLEA.
(b) Amendments Relating to Immigration and Nationality
Technical Corrections Act of 1994.--
(1) Section 101(d) of the Immigration and
Nationality Technical Corrections Act of 1994 (Public
Law 103-416) (in this subsection referred to as
``INTCA'') is amended--
(A) by striking ``Application'' and all
that follows through ``This'' and inserting
``Applicability of Transmission Requirements.--
This'';
(B) by striking ``any residency or other
retention requirements for'' and inserting
``the application of any provision of law
relating to residence or physical presence in
the United States for purposes of transmitting
United States''; and
(C) by striking ``as in effect'' and all
that follows through the end and inserting ``to
any person whose claim is based on the
amendment made by subsection (a) or through
whom such a claim is derived.''.
(2) Section 102 of INTCA is amended by adding at
the end the following:
``(e) Transition.--In applying the amendment made by
subsection (a) to children born before November 14, 1986, any
reference in the matter inserted by such amendment to `five
years, at least two of which' is deemed a reference to `10
years, at least 5 of which'.''.
(3) Section 351(a) (8 U.S.C. 1483(a)), as amended
by section 105(a)(2)(A) of INTCA, is amended by
striking the comma after ``nationality''.
(4) Section 207(2) of INTCA is amended by inserting
a comma after ``specified''.
(5) Section 101(a)(43) (8 U.S.C. 1101(a)(43)) is
amended in subparagraph (K)(ii), by striking the comma
after ``1588''.
(6) Section 273(b) (8 U.S.C. 1323(b)), as amended
by section 209(a) of INTCA, is amended by striking
``remain'' and inserting ``remains''.
(7) Section 209(a)(1) of INTCA is amended by
striking ``$3000'' and inserting ``$3,000''.
(8) Section 209(b) of INTCA is amended by striking
``subsection'' and inserting ``section''.
(9) Section 219(cc) of INTCA is amended by striking
`` `year 1993 the first place it appears' '' and
inserting `` `year 1993' the first place it appears''.
(10) Section 219(ee) of INTCA is amended by adding
at the end the following:
``(3) The amendments made by this subsection shall take
effect on the date of the enactment of this Act.''.
(11) Paragraphs (4) and (6) of section 286(r) (8
U.S.C. 1356(r)) are amended by inserting ``the'' before
``Fund'' each place it appears.
(12) Section 221 of INTCA is amended--
(A) by striking each semicolon and
inserting a comma,
(B) by striking ``disasters.'' and
inserting ``disasters,''; and
(C) by striking ``The official'' and
inserting ``the official''.
(13) Section 242A (8 U.S.C. 1252a), as added by
section 224(a) of INTCA and before redesignation as
section 238 by section 308(b)(5), is amended by
redesignating subsection (d) as subsection (c).
(14) Except as otherwise provided in this
subsection, the amendments made by this subsection
shall take effect as if included in the enactment of
INTCA.
(c) Amendments Relating to Public Law 104-132
(Antiterrorism and Effective Death Penalty Act of 1996).--
(1) Section 219 (8 U.S.C. 1189), as added by
section 302(a) of Antiterrorism and Effective Death
Penalty Act of 1996 (Public Law 104-132) (in this
subsection referred to as ``AEDPA''), is amended by
striking the heading and all that follows through
``(a)'' and inserting the following:
``designation of foreign terrorist organizations
``Sec. 219. (a)''.
(2) Section 302(b) of AEDPA is amended by striking
``, relating to terrorism,''.
(3) Section 106(a) (8 U.S.C. 1105a(a)), as amended
by sections 401(e) and 440(a) of AEDPA, is amended--
(A) by striking ``and'' at the end of
paragraph (8);
(B) by striking the period at the end of
paragraph (9) and inserting ``; and''; and
(C) in paragraph (10), by striking ``Any''
and inserting ``any''.
(4) Section 440(a) of the AEDPA is amended by
striking ``Section 106 of the Immigration and
Nationality Act (8 U.S.C. 1105a(a)(10)) is amended to
read as follows:'' and inserting ``Section 106(a) of
the Immigration and Nationality Act (8 U.S.C. 1105a(a))
is amended by adding at the end the following:''.
(5) Section 440(g)(1)(A) of AEDPA is amended--
(A) by striking ``of this title''; and
(B) by striking the period after
``241(a)(2)(A)(i)''.
(6) Section 440(g) of AEDPA is amended by striking
paragraph (2).
(7) The amendments made by this subsection shall
take effect as if included in the enactment of subtitle
A of title IV of AEPDA.
(d) Striking References to Section 210A.--
(1)(A) Section 201(b)(1)(C) (8 U.S.C.
1151(b)(1)(C)) is amended by striking ``, 210A,''.
(B) Section 274B(a)(3)(B) (8 U.S.C. 1324b(a)(3)(B))
is amended by striking ``, 210A(a),''.
(C) Section 241(a)(1) (8 U.S.C. 1251(a)(1)), before
redesignation by section 305(a)(2), is amended by
striking subparagraph (F).
(2) Sections 204(c)(1)(D)(i) and 204(j)(4) of
Immigration Reform and Control Act of 1986 are each
amended by striking ``, 210A,''.
(e) Miscellaneous Changes in the Immigration and
Nationality Act.--
(1) Before being amended by section 308(a)(2), the
item in the table of contents relating to section 242A
is amended to read as follows:
``Sec. 242A. Expedited deportation of aliens convicted of committing
aggravated felonies.''.
(2) Section 101(c)(1) (8 U.S.C. 1101(c)(1)) is
amended by striking ``, 321, and 322'' and inserting
``and 321''.
(3) Section 212(d)(11) (8 U.S.C. 1182(d)(11)) is
amended by inserting a comma after ``(4) thereof)''.
(4) Pursuant to section 6(b) of Public Law 103-272
(108 Stat. 1378)--
(A) section 214(f)(1) (8 U.S.C. 1184(f)(1))
is amended by striking ``section 101(3) of the
Federal Aviation Act of 1958'' and inserting
``section 40102(a)(2) of title 49, United
States Code''; and
(B) section 258(b)(2) (8 U.S.C. 1288(b)(2))
is amended by striking ``section 105 or 106 of
the Hazardous Materials Transportation Act (49
U.S.C. App. 1804, 1805)'' and inserting
``section 5103(b), 5104, 5106, 5107, or 5110 of
title 49, United States Code''.
(5) Section 286(h)(1)(A) (8 U.S.C. 1356(h)(1)(A))
is amended by inserting a period after ``expended''.
(6) Section 286(h)(2)(A) (8 U.S.C. 1356(h)(2)(A))
is amended--
(A) by striking ``and'' at the end of
clause (iv);
(B) by moving clauses (v) and (vi) 2 ems to
the left;
(C) by striking ``; and'' in clauses (v)
and (vi) and inserting ``and for'';
(D) by striking the colons in clauses (v)
and (vi); and
(E) by striking the period at the end of
clause (v) and inserting ``; and''.
(7) Section 412(b) (8 U.S.C. 1522(b)) is amended by
striking the comma after ``is authorized'' in paragraph
(3) and after ``The Secretary'' in paragraph (4).
(f) Miscellaneous Change in the Immigration Act of 1990.--
Section 161(c)(3) of the Immigration Act of 1990 is amended by
striking ``an an'' and inserting ``of an''.
(g) Miscellaneous Changes in Other Acts.--
(1) Section 506(a) of the Intelligence
Authorization Act, Fiscal Year 1990 (Public Law 101-
193) is amended by striking ``this section'' and
inserting ``such section''.
(2) Section 140 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995, as
amended by section 505(2) of Public Law 103-317, is
amended--
(A) by moving the indentation of
subsections (f) and (g) 2 ems to the left; and
(B) in subsection (g), by striking ``(g)''
and all that follows through ``shall'' and
inserting ``(g) Subsections (d) and (e)
shall''.
And the Senate agree to the same.
Henry Hyde,
Lamar Smith,
Elton Gallegly,
Bill McCollum,
Bob Goodlatte,
Ed Bryant,
Sonny Bono,
Bill Goodling,
Randy ``Duke'' Cunningham,
Howard P. ``Buck'' McKeon,
E. Clay Shaw, Jr.,
Managers on the Part of the House.
Orrin Hatch,
Al Simpson,
Chuck Grassley,
Jon Kyl,
Arlen Specter,
Strom Thurmond,
Dianne Feinstein,
Managers on the Part of the Senate.
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE
The managers on the part of the House and the Senate at
the conference on the disagreeing votes of the two Houses on
the amendment of the Senate to the bill (H.R. 2202) to amend
the Immigration and Nationality Act to improve deterrence of
illegal immigration to the United States by increasing border
patrol and investigative personnel, by increasing penalties for
alien smuggling and for document fraud, by reforming exclusion
and deportation law and procedures, by improving the
verification system for eligibility for employment, and through
other measures, to reform the legal immigration system and
facilitate legal entries into the United States, and for other
purposes, submit the following joint statement to the House and
the Senate in explanation of the effect of the action agreed
upon by the managers and recommended in the accompanying
conference report:
The Senate amendment struck all of the House bill after
the enacting clause and inserted a substitute text.
The House recedes from its disagreement to the amendment
of the Senate with an amendment that is a substitute for the
House bill and the Senate amendment. The differences between
the House bill, the Senate amendment, and the substitute agreed
to in conference are noted below, except for clerical
corrections, conforming changes made necessary by agreements
reached by the conferees, and minor drafting and clerical
changes.
Title I--Improvements to Border Control, Facilitation of Legal Entry,
and Interior Enforcement
Subtitle A--Improved Enforcement at the Border
Section 101--House recedes to sections 101 (a) and (b) of
the Senate amendment, with modifications, and the Senate
recedes to House section 101(c) with modifications. This
section increases the number of Border Patrol agents by 1000
per year from FY 1997 through 2001. It further provides that
the Attorney General, in each fiscal year from 1997 through
2001, may increase by 300 the number of support personnel for
the Border Patrol. The additional border patrol agents are to
be deployed in sectors along the border in proportion to the
level of illegal crossings of the border in such sectors.
Border Patrol resources should be used primarily at the border
to deter illegal crossings and to apprehend at the earliest
possible juncture those who have made such crossings. This
section also requires the forward deployment of Border Patrol
agents to provide a visible deterrent to illegal immigration,
and includes the requirement in Senate amendment section 109
regarding the preservation of immigration enforcement functions
in interior areas. The managers intend that for purposes of
this section, border sectors shall include coastal areas of the
United States. The managers also intend, as a further deterrent
to repeat illegal crossings, that available resources be made
used to detain and prosecute aliens who repeatedly violate
section 275(a) of the Immigration and Nationality Act.
Section 102--Senate amendment section 108 recedes to
House section 102, with modifications, including the
substantive provisions of sections 109 and 327 of the Senate
amendment. This section requires the Attorney General to
install additional fences and roads to deter illegal
immigration. In the San Diego sector, it calls for extension of
the new fencing to a point 14 miles east of the Pacific Ocean,
and the construction of second and third fences, with roads
between the fences, to provide an additional deterrent. This
section includes a proviso (from Senate amendment section 108)
that the design of such fencing incorporate features necessary
to ensure the safety of Border Patrol agents. This section also
includes provisions based on Senate amendment section 327 to
enhance the Attorney General's ability to acquire property
along the border for purposes of improving border controls.
This section also provides for a limited waiver of the
Endangered Species Act of 1973 and the National Environmental
Policy Act of 1969 in order to facilitate a uniform
construction of necessary fences and roads.
Section 103--Senate amendment section 179 recedes to
House section 103. This section authorizes the acquisition by
the Attorney General of improved equipment and technology to
deter illegal immigration on the border.
Section 104--Senate recedes to House sections 104(a) and
104(b). This section requires improvement in the Border
Crossing Identification Card, a document issued in lieu of a
visa to aliens from Canada and Mexico for short-term visits
within a designated distance from the border. Such cards are
frequently counterfeited and used by impostors. The new cards
issued under this section will be machine-readable and contain
security features to prevent use by impostors.
Section 105--Senate recedes to House section 105. This
section provides for civil money penalties for aliens
apprehended while entering or attempting to enter the United
States other than at a lawful port of entry.
Section 106--House section 107 recedes to Senate
amendment section 107. This section requires the Attorney
General to review within 60 days of enactment all hiring
standards of the INS, and within 180 days of enactment all
training standards of the INS. The Attorney General shall
submit a certification in each of fiscal years 1997 through
2000 that all personnel hired in that year were hired in
accordance with appropriate standards. The Attorney General
also shall submit a report based on the review of training
standards describing the status of efforts to improve such
standards.
Section 107--Senate recedes to House section 108, with
modification. This section requires the Comptroller General,
with the cooperation of the Attorney General and in
consultation with the Secretary of State and the Secretary of
Defense, to track, monitor, and evaluate efforts to deter
illegal entry into the United States. The Comptroller General
shall report his findings to the Committees on the Judiciary of
the Senate and the House of Representatives within 1 year from
the date of enactment and every year thereafter through FY
2000. The report shall include recommendations to increase
border security at the land border and at ports of entry.
Section 108--House recedes to Senate amendment section
304. This section amends chapter 35 of title 18 to add a new
section 758, making high-speed flight from an INS checkpoint a
felony punishable by up to 5 years in prison. This section also
amends INA section 241(a)(2)(A) to make an alien convicted of
this offense deportable.
Section 109--House recedes to Senate amendment section
173. This section requires the Attorney General, together with
the Secretary of State, the Secretary of the Treasury, and
representatives of the air transport industry, to develop a
plan for automated data collection at ports of entry. The
Attorney General shall report to the Committees on the
Judiciary of the House of Representatives and the Senate within
9 months of the date of enactment regarding the outcome of this
joint initiative, including recommendations for legislation.
Section 110--House recedes to Senate amendment section
174, with modifications to include most of the substantive
requirements from House section 113. This section will require
the Attorney General within 2 years of enactment to establish
an automated entry and exit control system that will (1)
collect a record of departure for every alien departing the
United States and match the record of departure with the record
of the alien's arrival in the United States, and (2) enable the
identification of lawfully admitted nonimmigrants who remain in
the United States beyond the period authorized by the Attorney
General. The Commissioner of the INS must submit an annual
report to the Committees on the Judiciary of the Senate and the
House of Representatives on the operation of the system,
including information on the number of departure records
collected, the number of records successfully matched to
records of arrival, and the number of nonimmigrants and other
visitors for whom no matching departure record was obtained.
All of this information shall include accounting by country of
nationality of the arriving and departing aliens. Information
on visa overstays identified through the entry and exit control
system shall be integrated into appropriate data bases of the
INS and the Department of State, including those used at ports
of entry and consular offices.
Section 111--House recedes to Senate amendment section
322, with modifications. This section requires the Attorney
General to submit a report by September 30, 1996, to the
Committees on the Judiciary of the House of Representatives and
of the Senate regarding the redeployment of border patrol
agents.
Section 112--House recedes to Senate amendment section
120C. This section authorizes the appropriation of funds to
ensure that the ``IDENT'' program operated by the Immigration
and Naturalization Service (INS) is expanded to apply to all
apprehended illegal and criminal aliens.
Section 113--Senate recedes to House section 106, with
modification.
Subtitle B--Facilitation of Legal Entry
Section 121--House section 701 recedes to Senate
amendment section 103, with modification. This section will
require the Attorney General and Secretary of the Treasury to
increase in FY 1997 and 1998 the number of full-time land
border inspectors of the INS and the Customs Service to levels
adequate to assure full staffing during peak crossing hours of
all border crossing lanes currently in use, under construction,
or authorized to be constructed.
Section 122--Senate amendment section 213 recedes to
House section 702, with modifications. This section will extend
the authority under INA section 286(q) for commuter lane pilot
programs through FY 2000, and raise to 6 the maximum number of
such pilots. It also includes the authorization in Senate
amendment section 213(b)(2) for the Attorney General to conduct
pilot projects for automated entry, using card reading or
similar technology, at land border ports of entry after hours
of normal operation have ended.
Section 123--Senate recedes to House section 703, with
modifications. This section amends the INA to create a new
section 235A, providing for the establishment within 2 years of
enactment of preinspection stations at 5 of the 10 foreign
airports serving as the last points of departure for the
greatest number of inadmissible passengers arriving by air in
the United States. Not later than 4 years after enactment, the
Attorney General shall establish preinspection stations in at
least 5 additional foreign airports, on the basis of most
effectively reducing the number of inadmissible aliens who
arrive in the United States. This section also requires the
Attorney General to compile data arising from the operation of
preinspection stations, and to establish a carrier consultant
program to deter boarding by aliens inadmissible to the United
States.
Section 124--Senate recedes to House section 704. This
section amends INA section 286(h)(2)(A)(iv) to provide that
funds may be expended from the Immigration User Fee Account for
the training of commercial airline personnel in the detection
of fraudulent documents, and that not less than 5 percent of
the funds expended out of the Account in a given fiscal year
shall be for this purpose. This section also amends INA section
212(f) to provide that if a commercial airline has failed to
comply with regulations of the Attorney General relating to the
detection of fraudulent documents, including the training of
personnel, the Attorney General may suspend the entry of aliens
transported to the U.S. by the airline.
Section 125--House recedes to Senate amendment section
330. This section amends INA section 103(a) to provide that the
Attorney General may authorize officers of a foreign country to
be stationed at preclearance stations in the United States to
ensure that persons traveling from or through the United States
to that foreign country comply with that country's immigration
and related laws. Such officers shall be authorized to perform
duties, and shall enjoy such privileges and immunities
necessary for the performance of such duties, as are granted to
United States immigration officers in that foreign country
under reciprocal agreement.
Subtitle C--Interior Enforcement
Section 131--House sections 121 and 404 recede to Senate
amendment section 102, with modifications. This section will
authorize an increase in the number of INS investigators and
support personnel assigned to investigate violations of INA
sections 274A (employer sanctions) and 274C (civil document
fraud) by 300 in each of FY 1997, 1998, and 1999. Not less than
half of these newly-hired investigators shall be assigned to
investigate potential violations of section 274A.
Section 132--House recedes to Senate amendment section
104. This section authorizes the appropriation of funds
necessary to increase the number of investigators and support
personnel to investigate visa overstayers by 300 in FY 1997.
Section 133--House sections 122 and 365 recede to Senate
amendment section 184, with modifications. This section amends
INA section 287 to permit the Attorney General to enter into
written agreements with State and local authorities to
designate qualified officers or employees of the State or
locality to perform immigration enforcement functions
pertaining to the investigation, apprehension, or detention of
aliens unlawfully in the United States, including the
transportation of aliens across State lines to detention
centers. Such functions shall be carried out at State or local
expense and the designated officers and employees shall operate
under the direction of the Attorney General.
Section 134--House recedes to Senate amendment section
316, with modification. This amendment directs that each State
be allocated at least 10 active-duty INS agents.
Title II--Enhanced Enforcement and Penalties Against Alien Smuggling
and Document Fraud
Subtitle A--Enhanced Enforcement and Penalties Against Alien Smuggling
Section 201--House section 201 recedes to Senate
amendment section 121. This section amends 18 U.S.C. 2516(1) to
give INS the authority under such section to use wiretaps in
investigations of alien smuggling and document fraud offenses.
Section 202--Senate amendment section 122 recedes to
House section 202, with modifications. This section amends 18
U.S.C. 1961(1) to include as racketeering offenses acts
indictable as document fraud crimes under title 18 (including
the naturalization and citizenship document offenses specified
in the Senate bill) or as alien smuggling offenses under
section 274, 277, and 278 of the Immigration and Nationality
Act. The offenses under the INA may be considered as RICO
predicates only if committed for the purpose of financial gain.
Section 203(a)--Senate recedes to House section
203(a)(1). This provision amends INA section 274(a)(1) to
increase criminal penalties in cases where an offense relating
to alien smuggling, harboring, inducement, or transportation is
done for the purpose of financial gain.
Section 203(b)--House section 203(a)(2) recedes to Senate
amendment sections 123(a) (1) and (2). This provision amends
INA section 274 to specify criminal penalties for those who
engage in a conspiracy to violate alien smuggling, inducement,
harboring, and transportation prohibitions, and for those who
aid and abet such crimes. Senate amendment sections
123(a)(3)(B) and 123(b) recede to House section 203(b), as
modified. This provision will increase penalties under section
274(b) to up to 10 years imprisonment, and up to 15 years for a
third or subsequent offense, for certain alien smuggling
violations. House recedes to Senate amendment section
123(a)(4), with modifications. This provision creates a new
offense for an employer to hire an alien who the employer knows
is not authorized to be employed in the United States, and who
the employer also knows was brought into the United States in
violation of INA section 274(a). In order to be liable under
this provision, the employer must have actual knowledge both of
the alien's unauthorized status and of the fact that the alien
was brought into the United States illegally.
Section 203(c)--Senate recedes to that portion of House
section 203(b) that creates a new offense under INA section
274(a) for smuggling an alien with reason to believe that the
alien will commit a crime in the United States.
Section 203(d)--Senate amendment section 123(a)(3)
recedes to House section 203(c). This provision will change the
standard for calculating penalties for alien smuggling crimes.
Henceforth, an offense will be counted for each alien smuggled,
not, as under current law, for each transaction regardless of
the number of aliens involved.
Section 203 (e)-(f)--House recedes to Senate amendment
sections 123 (c)-(e), with modifications. These provisions
require the United States Sentencing Commission to promulgate
or amend guidelines for offenders convicted of smuggling,
harboring, inducement, or transportation of illegal aliens;
provide emergency authority to the Sentencing Commission to
complete this task; and make section 203 of this Act (and the
amendments made thereby) applicable to offenses occurring on or
after the date of enactment.
Section 204--Senate amendment section 120 recedes to
House section 204, with modifications. This section provides
that the number of Assistant United States Attorneys shall be
increased in fiscal year 1997 by at least 25, and that such
attorneys shall prosecute persons involved in smuggling or
harboring of illegal aliens, or other crimes involving illegal
aliens, which would include immigration document fraud offenses
relating to false identification documents, visas, passports,
and citizenship and naturalization documents.
Section 205--Senate amendment section 169 recedes to
House section 205. This section provides authority for the INS
to use appropriated funds for the establishment and operation
of undercover proprietary corporations or business entities.
Subtitle B--Enhanced Enforcement and Penalties Against Document Fraud
Section 211--Senate amendment section 127(a)(1) recedes
to House section 211(a). This provision increases the maximum
term of imprisonment for fraud and misuse of government-issued
identification documents from 5 years to 15 years. The sentence
is increased to 20 years if the offense is committed to
facilitate a drug-trafficking crime, and to 25 years if
committed to facilitate an act of international terrorism.
House recedes to Senate amendment section 127(a) (2)-(4), as
modified. These provisions will increase penalties for document
fraud crimes under sections 1541-1544, 1546(a), and 1425-1427
of title 18 to 10 years for a first or second offense, 15 years
for a third or subsequent offense, with the same enhancements
for crimes committed to facilitate drug trafficking (20 years)
or international terrorism (25 years). House section 211(b)
recedes to Senate section 127 (b)-(d). These provisions require
the United States Sentencing Commission to promulgate or amend
guidelines for offenders convicted of document fraud offenses,
provide emergency authority to the Sentencing Commission to
complete this task, and make section 211 (and the amendments
made thereby) applicable to offenses occurring on or after the
date of enactment.
Section 212--House sections 212 and 213 recede to Senate
amendment section 130, as modified. This section amends INA
section 274C, regarding civil penalties for document fraud, to
expand liability to those who engage in document fraud for the
purpose of obtaining a benefit under the INA. New liability is
established for those who prepare, file, or assist another
person in preparing or filing an application for benefits with
knowledge or in reckless disregard of the fact that such
application or document was falsely made. New liability also is
established for aliens who destroy travel documents en route to
the United States after having presented such documents to
board a common carrier to the United States. A waiver from
civil document fraud penalties may be granted to an alien who
is granted asylum or withholding of deportation. The amendments
made by this section shall apply to offenses occurring on or
after the date of enactment.
Section 213--House section 214 recedes to Senate
amendment section 129. This section amends INA section 274C by
adding a new subsection (e), providing that a person who fails
to disclose or conceals his role in preparing, for a fee or
other remuneration, a false application for benefits under the
INA is subject to imprisonment of not more than 5 years, and is
prohibited from preparing, whether or not for a fee or other
remuneration, any other such application. A person convicted
under this section who later prepares or assists in preparing
an application for immigration benefits, regardless of whether
for a fee or other remuneration, is subject to imprisonment of
not more than 15 years, and is prohibited from preparing any
other such application.
Section 214--Senate amendment section 128 recedes to
House section 215. This section amends section 1546(a) of title
18 to provide that the penalty for knowingly presenting a
document which contains a false statement also extends to a
document which fails to contain any reasonable basis in law or
fact.
Section 215--Senate recedes to House section 216. This
section amends section 1015 of title 18 by adding new
subparagraphs (e) and (f). New subparagraph (e) makes it
unlawful for any person to make a false claim to United States
citizenship or nationality for the purpose of obtaining, for
himself or any other person, any Federal benefit or service or
employment in the United States. New subsection (f) makes it
unlawful for any person to make a false claim to United States
citizenship in order to vote or register to vote in any
Federal, State, or local election, including an initiative,
recall, or referendum.
Section 216--House recedes to Senate amendment section
217(a). This section amends title 18 to add a new section 611,
making it unlawful for any alien to vote in any election for
Federal office, and subjects violators to fines and a term of
imprisonment of not more than 1 year.
Section 217--This section merges House section 221 and
Senate amendment section 126. This section amends 18 U.S.C.
982(a) by adding a new paragraph (6), providing that a person
who is convicted of a violation of or of a conspiracy to
violate sections 1425, 1426, 1427, 1541, 1542, 1543, 1544, or
1546 of title 18, or section 1028 of title 18, or section
274(a) of the INA, if committed in connection with passport or
visa issuance or use, shall forfeit any conveyance used in the
commission of the offense, as well as any property, real or
personal, which was used or intended to be used in facilitating
the violation, and any property constituting, derived from, or
traceable to the proceeds of the violation. The criminal
forfeiture shall be governed by the provisions of section 413
(other than subsections (a) and (d)) of the Comprehensive Drug
Abuse Prevention and Control Act of 1970 (21 U.S.C. 853).
Section 218--House recedes to Senate amendment section
131. This section increases penalties for violations of
sections 1581, 1583, 1584, and 1588 of title 18 (regarding
involuntary servitude, peonage, and slave trade offenses) from
a maximum of 5 years to 10 years imprisonment. The section also
requires the United States Sentencing Commission to ascertain
if there exists an unwarranted disparity between sentences for
such crimes and the sentences for kidnaping and alien smuggling
offenses, and further requires the Commission to amend the
Sentencing Guidelines to reduce or eliminate any such
unwarranted disparity and to ensure that the Sentencing
Guidelines reflect the heinous nature of such offenses as well
as aggravating factors such as large numbers of victims and
prolonged periods of peonage or involuntary servitude. The
section also provides emergency authority to the Sentencing
Commission to effect such changes.
Section 219--House recedes to Senate amendment section
124. This section permits the introduction of videotaped
deposition testimony, in trials involving offenses under
section 274 of the INA, of witnesses who have been deported
from the United States or who are otherwise unavailable to
testify, provided that there was an opportunity for cross-
examination at such deposition. This provision will permit the
introduction, in trials for alien smuggling and related
offenses, of critical testimony from aliens who have been
smuggled into the United States, eliminating the need to detain
such aliens in the United States.
Section 220--House recedes to Senate amendment section
120A(a)(2). This provision amends section 274C (pertaining to
civil penalties for document fraud) to provide that immigration
officers designated by the Attorney General may use subpoena
authority to compel the attendance of witnesses and the
production of documents in connection with investigating a
complaint of civil document fraud.
Title III--Inspection, Apprehension, Detention, Adjudication, and
Removal of Inadmissible and Deportable Aliens
Subtitle A--Revision of Procedures for Removal of Aliens
Sec. 301(a)--Senate recedes to House section 301(a), with
modifications. Subsection (a) of this section amends INA
section 101(a)(13) by replacing the definition of ``entry''
with a definition for ``admission'' and ``admitted'': the
lawful entry of an alien into the United States after
inspection and authorization by an immigration officer. An
alien who is paroled under INA section 212(d)(5) shall not be
considered to have been admitted. With certain specified
exceptions (including in the case of an individual who has been
absent from the United States for a period of greater than 180
days or has committed an offense identified in section
212(a)(2)), a returning lawful permanent resident alien (LPR)
shall not be considered to be seeking admission.
Sec. 301(b)--Senate amendment sections 143(b) and 317
recede to House section 301(c), with modifications. This
subsection redesignates paragraph (9) of INA section 212(a) as
paragraph (10), and inserts a new paragraph (9). Under this
subsection, an alien ordered removed under revised INA section
235(b)(1) (see explanation of section 302 of this Act below),
or at the end of proceedings under new section 240 (see
explanation of section 304 of this Act below) that were
initiated upon the alien's arrival in the United States, is
inadmissible for a period of 5 years (or for 20 years in the
case of a second or subsequent removal and permanently in the
case of an alien convicted of an aggravated felony). An alien
otherwise ordered removed from the United States, or who has
departed the United States while an order of removal is
outstanding, shall be barred from admission for 10 years (or
for 20 years in the case of a second or subsequent removal, and
permanently in the case of an alien convicted of an aggravated
felony). These bars to readmission can be waived (as in current
law) if the Attorney General has given prior consent to the
alien's reapplying for admission.
This subsection also provides that an alien unlawfully
present in the United States for a period of more than 180 days
but less than 1 year who voluntarily departed the United States
is barred from admission for 3 years. An alien unlawfully
present for 1 year or more who voluntarily departs is barred
from admission for 10 years. An alien is unlawfully present if
the alien has been present in the United States without
admission or parole, or remains in the United States beyond an
authorized period of stay. No period of time in which the alien
was present in the United States under the age of 18, as a bona
fide applicant for asylum under section 208, or as a
beneficiary of family unity protection, shall count towards the
aggregate 1-year period. The calculation of time is suspended
if the alien has filed a bona fide application for change or
extension of status, and such application is approved. This bar
shall not apply to an alien described in new INA section
212(a)(6)(A)(ii) (battered spouse or child). The bar also may
be waived, in the sole and unreviewable discretion of the
Attorney General, for an immigrant who is the spouse or son or
daughter of a United States citizen or lawful permanent
resident, and the refusal of admission to the alien would cause
extreme hardship to that citizen or lawfully resident spouse or
parent.
This subsection also provides that an alien who has been
present unlawfully in the United States for more than 1 year or
has been ordered removed from the United States, and who
subsequently enters or attempts to enter the United States
without being lawfully admitted, is permanently barred from
admission. Such an alien may be admitted not earlier than 10
years after the alien's last departure from the United States,
but only if the Attorney General gives prior consent to the
alien's reapplying for admission.
Section 301(c)--Senate recedes to House section 301(b),
with modifications. This subsection states that an alien who is
present in the U.S. without being admitted or paroled, or who
has arrived in the U.S. at any time or place other than as
designated by the Attorney General, is inadmissible. This
ground of inadmissibility shall not apply if: (I) the alien
qualifies for immigrant status as the spouse or child of a
United States citizen or lawful permanent resident; (II) the
alien or the alien's child has been battered or subject to
extreme cruelty; and (III) there was a substantial connection
between the cruelty or battery and the alien's unlawful entry
into the United States. As a matter of transition, the
requirements under (II) and (III) shall not apply if the alien
establishes that he or she first entered the United States
prior to the effective date of Title III of this legislation,
as set forth in section 309(a). This subsection also provides
that an alien who without reasonable cause fails to attend or
remain in attendance at any proceeding regarding the alien's
removal from the United States is barred from admission for 5
years.
Section 301(d)--Senate recedes to House section 301(g),
which makes a number of conforming references regarding the
change in nomenclature in INA section 212(a) from
``excludable'' to ``inadmissible.'' Subparagraph (B) of INA
section 241(a)(1) (entry without inspection) will be amended to
state that an alien present in the United States in violation
of law is deportable. The current category of persons who are
deportable because they have made an entry without inspection
will, under the amendments made by section 301(c) of this bill,
instead be considered inadmissible under revised paragraph
(6)(A) of subsection 212(a).
Section 302--Senate recedes to House section 302, with
modifications. This section will amend INA section 235,
regarding the inspection of aliens arriving in the U.S. New
section 235(a) provides that an alien present in the United
States who has not been admitted to the U.S., or who arrives in
the United States, (whether or not at a designated port of
arrival and including an alien who is brought to the United
States after having been interdicted in international or United
States waters), shall be deemed an applicant for admission.
An arriving alien who is a stowaway is not eligible to
apply for admission or to be admitted and shall be ordered
removed upon inspection by an immigration officer. A stowaway
shall not be eligible to apply for asylum in the United States
unless the stowaway establishes a credible fear of persecution
pursuant to the expedited review process in section 235(b)(1).
Aliens seeking admission, readmission, or transit through
the United States shall be inspected by an immigration officer,
who shall have the same authority to take statements and
receive evidence as under current INA section 235. An alien
applying for admission may, at the discretion of the Attorney
General, be permitted to withdraw the application for admission
and depart immediately from the United States.
New section 235(b) establishes new procedures for the
inspection and in some cases removal of aliens arriving in the
United States.
Expedited Removal of Arriving Aliens: New paragraph
(b)(1) provides that if an examining immigration officer
determines that an arriving alien is inadmissible under section
212(a)(6)(C) (fraud or misrepresentation) or 212(a)(7) (lack of
valid documents), the officer shall order the alien removed
without further hearing or review, unless the alien states a
fear of persecution or an intention to apply for asylum. This
provision shall not apply to an alien arriving by air who is a
national of a Western Hemisphere nation with which the United
States does not have diplomatic relations. The provisions also
may be applied, in the sole and unreviewable discretion of the
Attorney General, to an alien who has not been paroled or
admitted into the United States and who cannot affirmatively
show to an immigration officer that he or she has been
continuously present in the United States for a period of 2
years immediately prior to the date of the officer's
determination. The purpose of these provisions is to expedite
the removal from the United States of aliens who indisputably
have no authorization to be admitted to the United States,
while providing an opportunity for such an alien who claims
asylum to have the merits of his or her claim promptly assessed
by officers with full professional training in adjudicating
asylum claims.
An alien who states a fear of persecution or an intention
to apply for asylum shall be referred for interview by an
asylum officer, who is an immigration officer who has had
professional training in asylum law, country conditions, and
interview techniques comparable to that provided to full-time
adjudicators of asylum applications. The officer shall be, for
purposes of determinations made under this section, under the
supervision of an immigration officer with similar training and
substantial experience in adjudicating asylum applications. If
the officer finds that the alien has a credible fear of
persecution, the alien shall be detained for further
consideration of the application for asylum under normal non-
expedited removal proceedings. If the alien does not meet this
standard and, if the alien requests administrative review, the
officer's decision is upheld by an immigration judge, the alien
will be ordered removed. To the maximum extent practicable,
review by the immigration judge shall be completed within 24
hours, but in no case shall such review take longer than 7
days. Throughout this process of administrative review, the
alien shall be detained by the INS. An alien may consult with a
person of his or her choosing before the interview, at no
expense to the Government and without unreasonably delaying the
interview. A ``credible fear of persecution'' means that there
is a significant possibility, taking into account the
credibility of the statements made by the alien in support of
the alien's claim and such other facts as are known to the
officer, that the alien could establish eligibility for asylum.
There is no other administrative review of a removal
order entered under this paragraph, but an alien claiming under
penalty of perjury to be lawfully admitted for permanent
residence, or to have been admitted as a refugee or granted
asylum, shall be entitled to administrative review of such an
order as the Attorney General shall provide by regulation. An
alien ordered removed under this paragraph may not make a
collateral attack against the order in a prosecution under
section 275(a) (illegal entry) or 276 (illegal reentry).
The availability of judicial review is described below in
the explanation of section 306 of this Act.
New paragraph (b)(2) provides that an alien determined to
be inadmissible by an immigration officer (other than an alien
subject to removal under paragraph (b)(1), or an alien crewman
or stowaway) shall be referred for a hearing before an
immigration judge under new section 240.
Subsection (c) restates the provisions of current INA
section 235(c) regarding the removal of aliens arriving in the
United States who are inadmissible on national security
grounds. This subsection is not intended to apply in the case
of aliens who are inadmissible under new section 212(a)(6)(A)
because they are already present in the United States without
having been admitted or paroled. Such aliens could, however, be
subject to the special removal procedures provided in Subtitle
B of this Title.
New subsection (d) restates provisions currently in INA
section 235(a) authorizing immigration officers to search
conveyances, administer oaths, and receive evidence, and to
issue subpoenas enforceable in a United States district court.
Section 303--Senate recedes to House section 303, with
modifications. This section amends INA section 236, as
described in the next paragraphs below. (The provisions in
current section 236 regarding hearings on the exclusion of
aliens are reflected in new section 240, as amended by section
304 of this report.)
New section 236(a) restates the current provisions in
section 242(a)(1) regarding the authority of the Attorney
General to arrest, detain, and release on bond an alien who is
not lawfully in the United States. (The current authority in
section 242(a) for a court in habeas corpus proceedings to
review the conditions of detention or release pending the
determination of the alien's inadmissibility or deportability
is not retained.) The minimum bond for an alien released
pending removal proceedings is raised from $500 to $1500. New
section 236(b) restates the current provisions in section
242(a)(1) that the Attorney General may at any time revoke an
alien's bond or parole.
New section 236(c) provides that the Attorney General
must detain an alien who is inadmissible under section
212(a)(2) or deportable under new section 237(a)(2). This
requirement does not apply to an alien deportable under section
237(a)(2)(A)(i) on the basis of an offense for which the alien
has not been sentenced to at least 1 year in prison. This
detention mandate applies whenever such an alien is released
from imprisonment, regardless of the circumstances of the
release. This subsection also provides that such an alien may
be released from the Attorney General's custody only if the
Attorney General decides in accordance with 18 U.S.C. 3521 that
release is necessary to provide protection to a witness,
potential witness, a person cooperating with an investigation
into major criminal activity, or a family member or close
associate of such a witness or cooperator, and such release
will not pose a danger to the safety of other persons or of
property, and the alien is likely to appear for any scheduled
proceeding.
New section 236(d) restates the current provisions in
section 242(a)(3) regarding the identification of aliens
arrested for aggravated felonies and amends those provisions to
require that information on aliens convicted of aggravated
felonies and deported be provided to the Department of State
for inclusion in its automated visa lookout system.
New section 236(e) states that no discretionary judgment
of the Attorney General made under the authority of section 236
shall be subject to judicial review, and that no court shall
set aside a decision of the Attorney General regarding
detention or release of an alien, or the granting or denial of
bond or parole.
Section 304--Senate recedes to House section 304, with
modifications. This section redesignates current INA section
239 (designation of ports of entry for aliens arriving by civil
aircraft) as section 234, redesignates INA section 240 (records
of admission) as section 240C, and inserts new INA sections
239, 240, 240A, and 240B.
New section 239 restates the provisions of current
subsections (a) and (b) of section 242B regarding the provision
of written notice to aliens placed in removal proceedings.
These provisions are conformed to the establishment of a single
removal hearing to replace the two current proceedings under
current section 236 (exclusion) and 242 (deportation). The
requirement that the written notice be provided in Spanish as
well as English is not retained. The INS will determine when a
language other than English should be used and when the
services of a translator are necessary. The mandatory period
between notice and date of hearing is reduced to 10 days.
Service is sufficient if there is proof of mailing to the last
address provided by the alien.
New section 240 restates provisions in current sections
236 (exclusion proceedings) and 242 and 242B (deportation
proceedings). Section 240(a) provides that there shall be a
single proceeding for deciding whether an alien is inadmissible
under section 212(a) or deportable under section 237 (formerly
section 241(a)). This subsection shall not affect proceedings
under new section 235(c) (aliens inadmissible on national
security grounds), new section 238 (currently section 242A)
(aliens convicted of aggravated felonies), or new section
235(b)(1) (arriving aliens, or aliens present in the United
States without having been admitted or paroled, who are
inadmissible for fraud or lack of documents).
Section 240(b) provides that the removal proceeding under
this section shall be conducted by an immigration judge in
largely the same manner as currently provided in sections 242
and 242B. Under paragraph (b)(2), the proceeding may take place
in person, or through video or telephone conference. (Hearings
on the merits could be conducted by telephone conference only
with the consent of the alien). In addition, with the consent
of the parties, the proceeding may take place in the alien's
absence. Under paragraph (b)(4), an alien shall have a
reasonable opportunity to examine the evidence presented
against the alien, and to cross-examine Government witnesses,
but not to examine national security information provided in
opposition to the alien's admission to the United States, or in
opposition to an alien's application for discretionary relief.
Under paragraph (b)(5), an alien who fails to appear for a
hearing may be ordered removed if the Service establishes by
clear, unequivocal, and convincing evidence that notice under
section 239 was provided and that the alien is inadmissible or
deportable. There is no requirement to provide written notice
if the alien has failed to provide the address required under
section 239(a)(1)(F). Under paragraph (b)(5)(C), an in absentia
order can only be rescinded through a motion to reopen filed
within 180 days if the alien demonstrates that the failure to
appear was due to exceptional circumstances (as defined in
section 240(e)), or a motion to reopen filed at any other time
if the alien demonstrates that the alien either did not receive
notice of the hearing or was in Federal or State custody and
could not appear. An alien who fails to appear shall, in the
absence of exceptional circumstances, be ineligible for 10
years for any relief under new sections 240A (voluntary
departure) and 240B (cancellation of removal), and sections
245, 248, and 249.
Section 240(c) provides that the immigration judge shall
make a decision on removability based only upon the evidence at
the hearing. An alien applicant for admission shall have the
burden to establish that he or she is beyond doubt entitled to
be admitted. An alien who is not an applicant for admission
shall have the burden to establish by clear and convincing
evidence that he or she is lawfully present in the U.S.
pursuant to a prior lawful admission. If the alien meets this
burden, the Service has the burden to establish by clear and
convincing evidence that the alien is deportable. This
subsection also clarifies the types of evidence of criminal
convictions that are admissible in immigration proceedings.
An alien is limited to one motion to reconsider the
decision of the immigration judge. Such motion shall be filed
within 30 days of the final administrative order of removal and
shall specify the errors of law or fact in the order. An alien
is limited to one motion to reopen proceedings. Such motion
shall be filed within 90 days of the final administrative order
of removal and shall state the new facts to be proven at a
hearing if the motion is granted. The deadline for a motion to
reopen may be extended in the case of an application for asylum
or withholding of removal that is based on new evidence of
changed country conditions, evidence that was not available at
the time of the initial hearing. In the case of an in absentia
order of removal under section 240(b)(5), the deadline for a
motion to reopen shall be as set forth in section 240(b)(5)(C).
Section 240(d) provides that the Attorney General shall
provide by regulation for the entry by an immigration judge of
an order of removal stipulated to by the alien and the INS.
Such an order shall be a conclusive determination of the
alien's removability from the U.S.
Section 240(e) defines as ``exceptional circumstances''
the serious illness of the alien or the serious illness or
death of the spouse, parent, or child of the alien, and other
exceptional circumstances that are not less compelling. The
subsection defines ``removable'' to mean in the case of an
alien who has not been admitted, that the alien is inadmissible
under section 212, and in the case of an alien who has been
admitted, that the alien is deportable under redesignated
section 237.
New section 240A establishes revised rules for the type
of relief that is currently available to excludable and
deportable aliens under section 212(c) and 244 (a)-(d). Senate
amendment section 150 recedes t 