[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1884 Introduced in Senate (IS)]

103d CONGRESS
  2d Session
                                S. 1884

     To amend the Immigration and Nationality Act to reform asylum 
   procedures, to strengthen criminal penalties for the smuggling of 
 aliens, and to reform other procedures to control illegal immigration 
                         to the United States.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

              March 2 (legislative day, February 22), 1994

    Mr. Simpson (for himself, Mr. Byrd, Mr. Thurmond, Mr. Dole, Mr. 
 D'Amato, and Mrs. Kassebaum) introduced the following bill; which was 
       read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
     To amend the Immigration and Nationality Act to reform asylum 
   procedures, to strengthen criminal penalties for the smuggling of 
 aliens, and to reform other procedures to control illegal immigration 
                         to the United States.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Comprehensive Immigration and Asylum 
Reform Act of 1994''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
                    TITLE I--ALIEN SMUGGLING CONTROL

                       Part A--Criminal Penalties

Sec. 101. Increased penalties for alien smuggling.
Sec. 102. Death penalty procedures.
Sec. 103. Smuggling aliens for commission of crimes.
Sec. 104. Adding alien smuggling to RICO.
Sec. 105. Expanded forfeiture for smuggling or harboring illegal 
                            aliens.
Sec. 106. Wiretap authority for alien smuggling investigations.
                          Part B--Deportation

Sec. 111. Expansion in definition of ``aggravated felony''.
Sec. 112. Deportation procedures for certain criminal aliens who are 
                            not permanent residents.
Sec. 113. Judicial deportation.
Sec. 114. Restricting defenses to deportation for certain criminal 
                            aliens.
Sec. 115. Enhancing penalties for failing to depart, or reentering, 
                            after final order of deportation.
Sec. 116. Civil penalties for failure to depart.
                         Part C--Miscellaneous

Sec. 121. Miscellaneous and technical changes.
                  TITLE II--PORT OF ENTRY INSPECTIONS

Sec. 201. Restrictions on admissions fraud.
Sec. 202. Special port of entry exclusion for admissions fraud.
Sec. 203. Judicial review.
Sec. 204. Effective date.
     TITLE III--PENALTIES FOR DOCUMENT FRAUD AND MISREPRESENTATION

Sec. 301. Increased penalties for document fraud.
Sec. 302. Penalties for failure to disclose role as preparer of 
                            fraudulent documents.
Sec. 303. Civil penalties for fraud, misrepresentation, and failure to 
                            present documents.
                        TITLE IV--ASYLUM REFORM

Sec. 401. Penalties for frivolous applications.
Sec. 402. Asylum and work authorization.
Sec. 403. Resources to address asylum backlog.
Sec. 404. Reforms to deportation process.
Sec. 405. Reduction of incentive to delay proceedings.
            TITLE V--ILLEGAL IMMIGRATION AND BORDER SECURITY

Sec. 501. Additional investigators.
Sec. 502. Funding of deportation costs.
Sec. 503. Interior repatriation pilot program.
                   TITLE VI--BORDER CROSSING USER FEE

Sec. 601. Imposition of fees.
                 TITLE VII--DETENTION OF ILLEGAL ALIENS

Sec. 701. Pilot program on use of closed military bases for the 
                            detention of illegal aliens.
                   TITLE VIII--PUBLIC BENEFITS ABUSE

Sec. 801. Ineligibility for certain Federal benefits.
Sec. 802. Attribution of sponsor's income and resources to family 
                            preference aliens.
Sec. 803. Definition of public charge.
               TITLE IX--WORK AUTHORIZATION VERIFICATION

Sec. 901. Work authorization verification.
 TITLE X--NUMERICAL LIMITATIONS ON ADMISSION OF ALIENS INTO THE UNITED 
                                 STATES

Sec. 1001. Five-year reduction in legal immigration.
Sec. 1002. Worldwide numerical limitations.
Sec. 1003. Numerical limitation on annual admission of refugees.
                   TITLE XI--MISCELLANEOUS PROVISIONS

Sec. 1101. Use of legalization information for criminal prosecution 
                            purposes.
Sec. 1102. Communications between federally funded Government agencies 
                            and the Immigration and Naturalization 
                            Service.

                    TITLE I--ALIEN SMUGGLING CONTROL

                       PART A--CRIMINAL PENALTIES

SEC. 101. INCREASED PENALTIES FOR ALIEN SMUGGLING.

    Section 274(a) of the Immigration and Nationality Act (8 U.S.C. 
1324(a)) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``or'' at the end of subparagraph 
                (C);
                    (B) by striking the comma at the end of 
                subparagraph (D) and all that follows through the 
                period and inserting ``; or''; and
                    (C) by adding at the end the following:
            ``(E) engages in any conspiracy to commit any of the 
        preceding acts, or aids or abets the commission of any of the 
        preceding acts,
shall be fined under title 18, United States Code, and shall be 
imprisoned not less than 3 years nor more than 10 years, for each alien 
with respect to whom any violation of this paragraph occurs.''; and
            (2) by adding at the end the following new paragraphs:
    ``(3) Any person who, in the commission of an act described in 
paragraph (1), willfully subjects any alien to a substantial risk of 
death or serious bodily harm shall be subject to a term of imprisonment 
of not less than 3 years nor more than 10 years in addition to any term 
of imprisonment imposed under that paragraph.
    ``(4) Any person who in the perpetration of, or in the attempt to 
perpetrate, any violation of paragraph (1), causes the death of an 
alien shall be subject to the penalty of death, or life imprisonment, 
subject to appropriate procedures under chapter 228 of title 18, United 
States Code.''.

SEC. 102. DEATH PENALTY PROCEDURES.

    (a) In General.--Title 18, United States Code, is amended by 
inserting after chapter 227 the following new chapter:

``CHAPTER 228--DEATH PENALTY PROCEDURES RELATING TO SMUGGLING OF ALIENS

``Sec.
``3591. Sentence of death relating to the smuggling of aliens.
``Sec. 3591. Sentence of death relating to the smuggling of aliens
    ``A sentence of death for a violation of section 274(a)(4) of the 
Immigration and Nationality Act may be imposed only if--
            ``(1) the defendant caused the death of a person 
        intentionally, knowingly, or through recklessness manifesting 
        extreme indifference to human life, or caused the death of a 
        person through the intentional infliction of serious bodily 
        injury; and
            ``(2) the sentence is imposed in accordance with the 
        procedures set forth in section 408 (g), (h), (i), (j), (k), 
        (l), (m), (n), (o), (p), (q), and (r) of the Controlled 
        Substances Act (21 U.S.C. 848 (g), (h), (i), (j), (k), (l), 
        (m), (n), (o), (p), (q), and (r)), except that for the purposes 
        of a violation of that law, the references to ``this section'' 
        in section 408(g) and (h)(1) and ``subsection (e)'' in section 
        408(i)(1), (j), (k) (each place it appears), and (p) of the 
        Controlled Substances Act shall be deemed to be references to 
        section 274(a)(4) of that Act. No rule of law, including a rule 
        contained in a law under which an offense is committed, may be 
        applied in determining whether a penalty of death shall be 
        imposed in a particular case, other than those procedures. 
        Those procedures supersede all other provisions of law that 
        pertain to whether a penalty of death shall be imposed in any 
        particular case (not including the authorization of the penalty 
        itself).''.
    (b) Effective Date.--The amendment made by this section shall take 
effect on the date of enactment of this Act.

SEC. 103. SMUGGLING ALIENS FOR COMMISSION OF CRIMES.

    Section 274(a)(2) of the Immigration and Nationality Act (8 U.S.C. 
1324(a)(2)) is amended--
            (1) in subparagraph (B)--
                    (A) by striking ``or'' at the end of clause (ii);
                    (B) by redesignating clause (iii) as clause (iv); 
                and
                    (C) by inserting after clause (ii) the following:
                    ``(iii) 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, including violations 
                of or attempted violations of or aiding and abetting 
                violations of or conspiring to violate the Controlled 
                Substances Act (21 U.S.C. 801 et seq.) or laws against 
                prostitution, importation of aliens for immoral 
                purposes, trafficking in firearms, money laundering, 
                gang activities, kidnapping or ransom demands, 
                fraudulent documents, or extortion, the smuggling of 
                known or suspected terrorists or persons involved in 
                organized crime if offenses against such laws are 
                punishable by imprisonment for more than 1 year,''; and
            (2) at the end thereof, by striking ``be fined'' and all 
        that follows through the period and inserting the following: 
        ``be fined under title 18, United States Code, and shall be 
        imprisoned not less than 3 years nor more than 10 years.''.

SEC. 104. ADDING ALIEN SMUGGLING TO RICO.

    Section 1961(1) of title 18, United States Code, is amended--
            (1) by striking ``or'' after ``law of the United States,'';
            (2) by inserting ``or'' at the end of clause (E); and
            (3) by adding at the end the following:
            ``(F) any act in violation of section 1028, 1542, or 1546 
        of this title for personal financial gain and section 274, 277, 
        or 278 of the Immigration and Nationality Act.''.

SEC. 105. EXPANDED FORFEITURE FOR SMUGGLING OR HARBORING ILLEGAL 
              ALIENS.

    Section 274 of the Immigration and Nationality Act (8 U.S.C. 
1324(b)) is amended--
            (1) by amending subsection (b)(1) to read as follows:
    ``(b) Seizure and Forfeiture.--(1) Any property, real or personal, 
which facilitates or is intended to facilitate, or which has been used 
in or is intended to be used in the commission of a violation of 
subsection (a) or of section 274A(a)(1) or 274A(a)(2), or which 
constitutes or is derived from or traceable to the proceeds obtained 
directly or indirectly from a commission of a violation of subsection 
(a) or of section 274A(a)(1) or 274A(a)(2), shall be subject to seizure 
and forfeiture, except that--
            ``(A) no property, used by any person as a common carrier 
        in the transaction of business as a common carrier shall be 
        forfeited under the provisions of this section unless it shall 
        appear that the owner or other person in charge of such 
        property was a consenting party or privy to the illegal act;
            ``(B) no property shall be forfeited under the provisions 
        of this section by reason of any act or omission established by 
        the owner thereof to have been committed or omitted by any 
        person other than such owner while such property was unlawfully 
        in the possession of a person other than the owner in violation 
        of the criminal laws of the United States or of any State; and
            ``(C) no property shall be forfeited under this paragraph 
        to the extent of an interest of any owner, by reason of any act 
        or omission established by that owner to have been committed or 
        omitted without the knowledge or consent of the owner, unless 
        such action or omission was committed by an employee or agent 
        of the owner, and facilitated or was intended to facilitate, or 
        was used in or intended to be used in, the commission of a 
        violation of subsection (a) or of section 274A(a)(1) or 
        274A(a)(2) which was committed by the owner or which was 
        intended to further the business interests of the owner, or to 
        confer any other benefit upon the owner.'';
            (2) in paragraph (2)--
                    (A) by striking ``conveyance'' both places it 
                appears and inserting ``property''; and
                    (B) by striking ``is being used in'' and inserting 
                ``is being used in, is facilitating, has facilitated, 
                or was intended to facilitate'';
            (3) in paragraph (3)--
                    (A) by inserting ``(A)'' immediately after ``(3)'', 
                and
                    (B) by adding at the end the following:
    ``(B) Before the seizure of any real property pursuant to this 
section, the Attorney General shall provide notice and an opportunity 
to be heard to the owner of the property. The Attorney General shall 
prescribe such regulations as may be necessary to carry out this 
subparagraph.'';
            (4) in paragraphs (4) and (5) by striking ``a conveyance'' 
        and ``conveyance'' each place such phrase or word appears and 
        inserting ``property''; and
            (5) in paragraph (4) by--
                    (A) striking ``or'' at the end of subparagraph (C),
                    (B) by striking the period at the end of 
                subparagraph (D) and inserting ``; or'', and
                    (C) by inserting at the end the following new 
                subparagraph:
                    ``(E) transfer custody and ownership of forfeited 
                property to any Federal, State, or local agency 
                pursuant to section 616(c) of the Tariff Act of 1930 
                (19 U.S.C. 1616a(c)).''.

SEC. 106. WIRETAP AUTHORITY FOR ALIEN SMUGGLING INVESTIGATIONS.

    Section 2516(1) of title 18, United States Code, is amended--
            (1) in paragraph (c), by inserting after ``trains)'' the 
        following: ``, or a felony violation of section 1028 (relating 
        to production of false identification documentation), section 
        1542 (relating to false statements in passport applications), 
        section 1546 (relating to fraud and misuse of visas, permits, 
        and other documents)'';
            (2) by striking ``or'' after 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 (relating to the smuggling of aliens);''.

                          PART B--DEPORTATION

SEC. 111. EXPANSION IN DEFINITION OF ``AGGRAVATED FELONY''.

    (a) Expansion in Definition.--Section 101(a)(43) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(43)) is amended to read as 
follows:
    ``(43) The term `aggravated felony' means--
            ``(A) murder;
            ``(B) any illicit trafficking in any controlled substance 
        (as defined in section 102 of the Controlled Substances Act), 
        including any drug trafficking crime as defined in section 
        924(c) of title 18, United States Code;
            ``(C) any illicit trafficking in any firearms or 
        destructive devices as defined in section 921 of title 18, 
        United States Code, or in explosive materials as defined in 
        section 841(c) of title 18, United States Code;
            ``(D) any offense described in (i) section 1956 of title 
        18, United States Code (relating to laundering of monetary 
        instruments) or (ii) section 1957 of such title (relating to 
        engaging in monetary transactions in property derived from 
        specific unlawful activity) if the value of the monetary 
        instruments or property exceeded $100,000;
            ``(E) any offense described in--
                    ``(i) subsections (h) or (i) of section 842, title 
                18, United States Code, or subsection (d), (e), (f), 
                (g), (h), or (i) of section 844 of title 18, United 
                States Code (relating to explosive materials offenses);
                    ``(ii) paragraph (1), (2), (3), (4), or (5) of 
                section 922(g), or section 922(j), section 922(n), 
                section 922(o), section 922(p), section 922(r), section 
                924(b), or section 924(h) of title 18, United States 
                Code (relating to firearms offenses); or
                    ``(iii) section 5861 of the Internal Revenue Code 
                of 1986 (relating to firearms offenses);
            ``(F) any crime of violence (as defined in section 16 of 
        title 18, United States Code, not including a purely political 
        offense) which is punishable by imprisonment for 5 years or 
        more;
            ``(G) any theft offense (including receipt of stolen 
        property) or any burglary offense, in which the value of the 
        property in question exceeds $10,000 and which is punishable by 
        imprisonment for 5 years or more;
            ``(H) any offense described in section 875, section 876, 
        section 877, or section 1202 of title 18, United States Code 
        (relating to the demand for or receipt of ransom);
            ``(I) any offense described in section 2251, section 2251A 
        or section 2252 of title 18, United States Code (relating to 
        child pornography);
            ``(J) any offense described in--
                    ``(i) section 1962 of title 18, United States Code 
                (relating to racketeer influenced corrupt 
                organizations); or
                    ``(ii) section 1084 (if it is a second or 
                subsequent offense) or section 1955 of such title 
                (relating to gambling offenses),
        which is punishable by imprisonment for 5 years or more;
            ``(K) any offense relating to commercial bribery, 
        counterfeiting, forgery or trafficking in vehicles whose 
        identification numbers have been altered, which is punishable 
        by imprisonment for 5 years or more;
            ``(L) any offense that--
                    ``(i) relates to the owning, controlling, managing 
                or supervising of a prostitution business;
                    ``(ii) is described in section 2421, section 2422, 
                or section 2423 of title 18, United States Code 
                (relating to transportation for the purpose of 
                prostitution) for commercial advantage; or
                    ``(iii) is described in sections 1581, 1582, 1583, 
                1584, 1585, or section 1588, of title 18, United States 
                Code (relating to peonage, slavery, and involuntary 
                servitude);
            ``(M) any offense relating to perjury or subornation of 
        perjury which is punishable by imprisonment for 5 years or 
        more;
            ``(N) any offense described in--
                    ``(i) section 793 (relating to gathering or 
                transmitting national defense information), section 798 
                (relating to disclosure of classified information), 
                section 2153 (relating to sabotage) or section 2381 or 
                section 2382 (relating to treason) of title 18, United 
                States Code; or
                    ``(ii) section 601 of the National Security Act of 
                1947 (50 U.S.C. 421) (relating to protecting the 
                identity of undercover intelligence agents);
            ``(O) any offense that--
                    ``(i) involves fraud or deceit in which the loss to 
                the victim or victims exceeded $200,000; or
                    ``(ii) is described in section 7201 of the Internal 
                Revenue Code of 1986 (relating to tax evasion), in 
                which the revenue loss to the Government exceeds 
                $200,000;
            ``(P) any offense described in section 274(a)(1) of the 
        Immigration and Nationality Act (relating to alien smuggling) 
        for the purpose of commercial advantage;
            ``(Q) any offense described in section 1546(a) of title 18, 
        United States Code (relating to document fraud), for the 
        purpose of commercial advantage;
            ``(R) any offense relating to failing to appear before a 
        court pursuant to a court order to answer to or dispose of a 
        charge of a felony, which is punishable by imprisonment for 2 
        years or more; or
            ``(S) any attempt or conspiracy to commit an offense 
        described in this paragraph.
The term `aggravated felony' applies to offenses described in this 
paragraph whether in violation of Federal or State law and applies to 
such offenses in violation of the laws of a foreign country for which 
the term of imprisonment was completed within the previous 15 years.''.
    (b) Effective Date.--The amendment made by this section applies to 
convictions entered before, on, or after the date of enactment of this 
Act.

SEC. 112. DEPORTATION PROCEDURES FOR CERTAIN CRIMINAL ALIENS WHO ARE 
              NOT PERMANENT RESIDENTS.

    (a) Technical and Conforming Changes.--Section 242A of the 
Immigration and Nationality Act (8 U.S.C. 1252a) is amended--
            (1) in subsection (a)--
                    (A) by striking ``(a) In General.--'' and inserting 
                the following:
    ``(b) Deportation of Permanent Resident Aliens.--
            ``(1) In general.--''; and
                    (B) by inserting in the first sentence ``permanent 
                resident'' after ``correctional facilities for'';
            (2) in subsection (b)--
                    (A) by striking ``(b) Implementation.--'' and 
                inserting ``(2) Implementation.--''; and
                    (B) by striking ``respect to an'' and inserting 
                ``respect to a permanent resident'';
            (3) by striking subsection (c);
            (4) in subsection (d)--
                    (A) by striking ``(d) Expedited Proceedings.--(1)'' 
                and inserting ``(3) Expedited proceedings.--(A)'';
                    (B) by inserting ``permanent resident'' after ``in 
                the case of any''; and
                    (C) by striking ``(2)'' and inserting ``(B)'';
            (5) in subsection (e)--
                    (A) by striking ``(e) Review.--(1)'' and inserting 
                ``(4) Review.--(A)'';
                    (B) by striking the second sentence; and
                    (C) by striking ``(2)'' and inserting ``(B)''.
            (6) by inserting after the section heading the following 
        new subsection:
    ``(a) Presumption of Deportability.--An alien convicted of an 
aggravated felony shall be conclusively presumed to be deportable from 
the United States.''; and
            (7) by amending the section heading to read as follows:

 ``expedited deportation of aliens convicted of aggravated felonies''.

    (b) Elimination of Administrative Hearing for Certain Criminal 
Aliens.--Section 242A of the Immigration and Nationality Act (8 U.S.C. 
1252a), as amended by subsection (a), is further amended by adding at 
the end the following:
    ``(c) Deportation of Aliens Who Are Not Permanent Residents.--(1) 
Notwithstanding section 242, and subject to paragraph (5), the Attorney 
General may issue a final order of deportation against any alien 
described in paragraph (2) whom the Attorney General determines to be 
deportable under section 241(a)(2)(A)(iii) (relating to conviction of 
an aggravated felony).
    ``(2) An alien is deportable under this subsection if the alien--
            ``(A) was not lawfully admitted for permanent residence at 
        the time that proceedings under this section commenced, or
            ``(B) had permanent resident status on a conditional basis 
        (as described in section 216) at the time that proceedings 
        under this section commenced.
    ``(3) No alien described in paragraph (2) shall be eligible for any 
relief from deportation that the Attorney General may grant in his 
discretion.
    ``(4) The Attorney General may not execute any order described in 
paragraph (1) until 14 days have passed from the date that such order 
was issued, unless waived by the alien, in order that the alien has an 
opportunity to apply for judicial review under section 106.''.
    (c) Limited Judicial Review.--Section 106 of the Immigration and 
Nationality Act (8 U.S.C. 1105a) is amended--
            (1) in the first sentence of subsection (a), by inserting 
        ``or pursuant to section 242A(c)'' after ``under section 
        242(b)'';
            (2) in subsection (a)(1) and subsection (a)(3), by 
        inserting ``(including an alien described in section 242A(c))'' 
        after ``aggravated felony''; and
            (3) by adding at the end the following new subsection:
    ``(d) Notwithstanding subsection (c), no court shall have 
jurisdiction to hear a petition for review or for habeas corpus on 
behalf of an alien described in section 242A(f) except on the question 
of whether the alien is in fact an alien described in such section.''.
    (d) Amendment to Table of Contents.--The table of contents of the 
Immigration and Nationality Act is amended by amending the item 
relating to section 242A to read as follows:

``Sec. 242A. Expedited deportation of aliens convicted of aggravated 
                            felonies.''.
    (e) Effective Date.--The amendments made by this section shall 
apply to all aliens against whom deportation proceedings are initiated 
after the date of enactment of this Act.

SEC. 113. JUDICIAL DEPORTATION.

    (a) Judicial Deportation.--Section 242A of the Immigration and 
Nationality Act (8 U.S.C. 1252a), as amended by section 112 of this 
Act, is further amended by adding at the end the following new 
subsection:
    ``(d) Judicial Deportation.--
            ``(1) Authority.--Notwithstanding any other provision of 
        this Act, a United States district court shall have 
        jurisdiction to enter a judicial order of deportation at the 
        time of sentencing against an alien whose criminal conviction 
        causes such alien to be deportable under section 
        241(a)(2)(A)(iii) (relating to conviction of an aggravated 
        felony), but only if such an order has been requested prior to 
        sentencing by the United States Attorney with the concurrence 
        of the Commissioner.
            ``(2) Procedure.--(A) The United States Attorney shall 
        provide notice of intent to request judicial deportation 
        promptly after the entry in the record of an adjudication of 
        guilt or guilty plea. Such notice shall be provided to the 
        court, to the alien, to the alien's counsel of record, and to 
        the Commissioner.
            ``(B) Notwithstanding section 242B, the United States 
        Attorney, with the concurrence of the Commissioner, shall file 
        at least 20 days prior to the date set for sentencing a charge 
        containing factual allegations regarding the alienage of the 
        defendant and satisfaction by the defendant of the definition 
        of aggravated felony.
            ``(C) If the court determines that the defendant has 
        presented substantial evidence to establish prima facie 
        eligibility for relief from deportation under section 212(c), 
        the Attorney General shall provide the court with a 
        recommendation and report regarding the alien's eligibility for 
        relief under such section. The court shall either grant or deny 
        the relief sought.
            ``(D)(i) The alien shall have a reasonable opportunity to 
        examine the evidence against him or her, to present evidence on 
        his or her own behalf, and to cross-examine witnesses presented 
        by the Government.
            ``(ii) The court, for the purposes of determining whether 
        to enter an order described in paragraph (1), shall only 
        consider evidence that would be admissible in proceedings 
        conducted pursuant to section 242(b).
            ``(iii) Nothing in this subsection shall limit the 
        information a court of the United States may receive or 
        consider for the purposes of imposing an appropriate sentence.
            ``(iv) The court may order the alien deported if the 
        Attorney General demonstrates by clear and convincing evidence 
        that the alien is deportable under this Act.
            ``(3) Notice, appeal, and execution of judicial order of 
        deportation.--(A)(i) A judicial order of deportation or denial 
        of such order may be appealed by either party to the court of 
        appeals for the circuit in which the district court is located.
            ``(ii) Except as provided in clause (iii), such appeal 
        shall be considered consistent with the requirements described 
        in section 106.
            ``(iii) Upon execution by the defendant of a valid waiver 
        of the right to appeal the conviction on which the order of 
        deportation is based, the expiration of the period described in 
        section 106(a)(1), or the final dismissal of an appeal from 
        such conviction, the order of deportation shall become final 
        and shall be executed at the end of the prison term in 
        accordance with the term of the order.
            ``(B) As soon as is practicable after entry of a judicial 
        order of deportation, the Attorney General shall provide the 
        defendant with written notice of the order or deportation, 
        which shall designate the defendant's country of choice for 
        deportation and any alternate country pursuant to section 
        243(a).
            ``(4) Denial of judicial order.--Denial of a request for a 
        judicial order of deportation shall not preclude the Attorney 
        General from initiating deportation proceedings pursuant to 
        section 242 upon the same ground of deportability or upon any 
        other ground of deportability provided under section 241(a).''.
    (b) Technical Amendment.--The ninth sentence of section 242(b) of 
the Immigration and Nationality Act (8 U.S.C. 1252(b)) is amended by 
striking ``The'' and inserting ``Except as provided in section 242A(c) 
and 242A(d), the''.
    (c) Effective Date.--The amendments made by this section shall 
apply to all aliens whose adjudication of guilt or guilty plea is 
entered in the record after the date of enactment of this Act.

SEC. 114. RESTRICTING DEFENSES TO DEPORTATION FOR CERTAIN CRIMINAL 
              ALIENS.

    (a) Defenses Based on Seven Years of Permanent Residence.--The last 
sentence of section 212(c) of the Immigration and Nationality Act (8 
U.S.C. 1182(c)) is amended by striking ``has served for such felony or 
felonies'' and all that follows through the period and inserting ``has 
been sentenced for such felony or felonies to a term or terms of 
imprisonment of at least 5 years, if the time for appealing such 
conviction or sentence has expired and the sentence has become 
final.''.
    (b) Withholding of Deportation Defense.--Section 243(h)(2) of the 
Immigration and Nationality Act (8 U.S.C. 1253(h)(2)) is amended--
            (1) by striking ``or'' at the end of subparagraph (C);
            (2) by striking the period at the end of subparagraph (D) 
        and inserting ``; or''; and
            (3) by adding at the end the following new subparagraph:
                    ``(E) the alien has been convicted of an aggravated 
                felony.''.

SEC. 115. ENHANCING PENALTIES FOR FAILING TO DEPART, OR REENTERING, 
              AFTER FINAL ORDER OF DEPORTATION.

    (a) Failure To Depart.--Section 242(e) of the Immigration and 
Nationality Act (8 U.S.C. 1252(e)) is amended--
            (1) by striking ``by reason of being a member of any of the 
        classes described in paragraph (2), (3), or (4) of section 
        241(a)'' the first time it appears and inserting ``by reason of 
        being a member of any of the classes described in section 
        212(a) or 241(a)''; and
            (2) by striking ``shall be imprisoned not more than ten 
        years'' and inserting ``shall be imprisoned not more than 4 
        years, except that if the alien is a member of any of the 
        classes described in paragraph (1)(E), (2), (3), or (4) of 
        section 241(a) then the alien shall be imprisoned not more than 
        10 years''.
    (b) Reentry.--Section 276(b) of the Immigration and Nationality Act 
(8 U.S.C. 1326(b)) is amended--
            (1) in paragraph (1)--
                    (A) by inserting after ``commission of'' the 
                following: ``three or more misdemeanors involving 
                drugs, crimes against the person, or both, or''; and
                    (B) striking ``5'' and inserting ``10''; and
            (2) in paragraph (2), by striking ``15'' and inserting 
        ``20'', and
            (3) by adding at the end the following sentence:
``For the purposes of this subsection, the term `deportation' includes 
any agreement in which an alien stipulates to deportation during a 
criminal trial under either Federal or State law.''.
    (c) Collateral Attacks on Underlying Deportation Order.--Section 
276 of the Immigration and Nationality Act (8 U.S.C. 1326) is amended 
by adding at the end the following new subsection:
    ``(c) In any criminal proceeding under this section, an alien may 
not challenge the validity of the deportation order described in 
subsection (a)(1) or subsection (b) unless the alien demonstrates 
that--
            ``(1) the alien has exhausted any administrative remedies 
        that may have been available to seek relief against such order;
            ``(2) the deportation proceedings at which the order was 
        issued improperly deprived the alien of the opportunity for 
        judicial review; and
            ``(3) the entry of the order was fundamentally unfair.''.

SEC. 116. CIVIL PENALTIES FOR FAILURE TO DEPART.

    (a) In General.--Section 274C of the Immigration and Nationality 
Act (8 U.S.C. 1324c) is amended--
            (1) by amending the section heading to read as follows:

   ``penalties for document fraud, failure to depart, and failure to 
                          present documents'';

            (2) in subsection (a)--
                    (A) by striking ``or'' at the end of paragraph (3);
                    (B) by striking the period at the end of paragraph 
                (4) and inserting ``; or''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(5) if such person is an alien--
                    ``(A) to fail or refuse to depart from the United 
                States by the date that final, unappealable orders of 
                exclusion and deportation or deportation become 
                effective against such person; or
                    ``(B) to fail or refuse to voluntarily depart the 
                United States by the date granted by the Attorney 
                General in lieu of a final, unappealable order of 
                deportation,'';
            (3) in subsection (c), by inserting before the period the 
        following: ``or in section 237 or section 242 of this Act'';
            (4) in subsection (d)(3)--
                    (A) by striking ``or'' at the end of subparagraph 
                (A);
                    (B) by striking the period at the end of 
                subparagraph (B) and inserting ``, or''; and
                    (C) by adding at the end the following new 
                subparagraph:
                    ``(C) up to $500 for each day that an alien is in 
                violation of subsection (a)(5)''; and
            (5) by inserting at the end the following new subsection:
    ``(e) Definition.--For the purposes of this section, the term 
`final, unappealable order of deportation' means any order of exclusion 
and deportation or deportation issued by the Attorney General that has 
not been administratively or judicially appealed within the deadlines 
established by this Act or regulations thereunder, or any such order 
the judicial appeal of which has been denied.''.
    (b) Amendment to the Table of Contents.--The table of contents for 
the Immigration and Nationality Act is amended by amending the item 
relating to section 274C to read as follows:

``Sec. 274C. Civil penalties for failure to depart.''.

                         PART C--MISCELLANEOUS

SEC. 121. MISCELLANEOUS AND TECHNICAL CHANGES.

    (a) Form of Deportation Hearings.--The second sentence of section 
242(b) of the Immigration and Nationality Act (8 U.S.C. 1252(b)) is 
amended by inserting before the period the following: ``, except that 
nothing in this sentence precludes the Attorney General from 
authorizing proceedings by electronic or telephonic media (with the 
consent of the alien) or, where waived or agreed to by the parties, in 
the absence of the alien''.
    (b) Construction of Expedited Deportation Requirements.--No 
amendment made by this title, and nothing in section 242(i) of the 
Immigration and Nationality Act (8 U.S.C. 1252(i)), may 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 against any other person.

                  TITLE II--PORT OF ENTRY INSPECTIONS

SEC. 201. RESTRICTIONS ON ADMISSIONS FRAUD.

    (a) Exclusion for Fraudulent Documents or Failure To Present 
Documents.--Section 212(a)(6)(C) of the Immigration and Nationality Act 
(8 U.S.C. 1182(a)(6)(C)) is amended--
            (1) by striking ``(C) Misrepresentation'' and inserting the 
        following:
    ``(C) Fraud, Misrepresentation, and Failure to Present Documents''; 
and
            (2) by adding at the end the following new clause:
            ``(iii) Fraud, misrepresentation, and failure to present 
        documents.--
                    ``(I) Any alien who, in seeking entry to the United 
                States or boarding a common carrier for the purpose of 
                coming to the United States presents any document 
                which, in the determination of the immigration officer, 
                is forged, counterfeit, altered, falsely made, stolen, 
                or inapplicable to the person presenting the document, 
                or otherwise contains a misrepresentation of a material 
                fact, is excludable.
                    ``(II) Any alien who is required to present a 
                document relating to the alien's eligibility to enter 
                the United States prior to boarding a common carrier 
                for the purpose of coming to the United States and who 
                fails to present such document to an immigration 
                officer upon arrival at a port of entry into the United 
                States is excludable.''.
    (b) Provision for Asylum and Other Discretionary Relief.--(1) 
Section 208 of the Immigration and Nationality Act (8 U.S.C. 1158) is 
amended by adding at the end the following new subsection:
    ``(e)(1) Notwithstanding subsection (a), any alien who, in seeking 
entry to the United States or boarding a common carrier for the purpose 
of coming to the United States, presents any document which, in the 
determination of the immigration officer, is fraudulent, forged, 
stolen, or inapplicable to the person presenting the document, or 
otherwise contains a misrepresentation of a material fact, may not 
apply for or be granted asylum, unless presentation of the document was 
pursuant to direct departure from a country in which the alien has a 
credible fear of persecution or of return to persecution.
    ``(2) Notwithstanding subsection (a), an alien who boards a common 
carrier for the purpose of coming to the United States through the 
presentation of any document which relates or purports to relate to the 
alien's eligibility to enter the United States, and who fails to 
present such document to an immigration officer upon arrival at a port 
of entry into the United States, may not apply for or be granted 
asylum, unless presentation of such document was pursuant to direct 
departure from a country in which the alien has a credible fear of 
persecution or of return to persecution.
    ``(3) Notwithstanding subsection (a), an alien described in section 
235(d)(3) may not apply for or be granted asylum, unless the person 
departed directly from a country in which the alien has a credible fear 
of persecution or of return to persecution.
    ``(4) Notwithstanding paragraphs (1), (2), and (3), the Attorney 
General may, in the Attorney General's sole discretion, permit an alien 
described in paragraphs (1), (2), or (3) to apply for asylum.
    ``(5)(A) When an immigration officer has determined that an alien 
has sought entry under either of the circumstances described in 
paragraph (1) or (2) or is an alien described in section 235(d)(3) and 
the alien has indicated a desire to apply for asylum, the immigration 
officer shall refer the matter to an asylum officer who shall interview 
the alien to determine whether presentation of the document was 
pursuant to direct departure from a country in which the alien has a 
credible fear of persecution or of return to persecution, or in the 
case of an alien described in section 235(d)(3), whether the alien had 
directly departed from such a country.
    ``(B) If the officer determines that the alien does not have a 
credible fear of persecution or of return to persecution in the country 
in which the alien was last present prior to attempting entry into the 
United States or arriving in the United States or a port of entry under 
the circumstances described in section 235(d)(3), the alien may be 
specially excluded and deported in accordance with section 235(e).
    ``(C) The Attorney General shall provide by regulation for the 
prompt supervisory review of a determination under subparagraph (B) 
that an alien does not have a credible fear of persecution or of return 
to persecution in the country in which the alien was last present.
    ``(D) The Attorney General shall provide information concerning the 
credible fear determination process described in this paragraph to 
persons who may be eligible for that process under the provisions of 
this subsection. An alien who is eligible for a credible fear 
determination pursuant to subparagraph (A) may consult with a person or 
persons of his or her choosing prior to the credible fear determination 
process 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 delay the process.
    ``(6) As used in this section, the term `credible fear of 
persecution or of return to persecution' means--
            ``(A) it is more probable than not that the statements made 
        by the alien in support of his or her claim are true; and
            ``(B) there is a significant danger that the alien would be 
        returned to a country in which the alien would have a credible 
        fear of persecution.
    ``(7) As used in this subsection, the term `asylum officer' means a 
person who--
            ``(A) has had professional training in country conditions, 
        asylum law, and interview techniques;
            ``(B) has been employed for at least one year in a position 
        the primary responsibility of which is the adjudication of 
        asylum claims; and
            ``(C) is supervised by an officer who meets conditions in 
        subparagraphs (A) and (B).''.
    (2) Section 235 of the Immigration and Nationality Act (8 U.S.C. 
1225) is amended by adding at the end the following new subsection:
    ``(d)(1) Subject to paragraph (2), any alien who has not been 
admitted to the United States, and who is excludable under section 
212(a)(6)(C)(iii), or who is an alien described in paragraph (3), is 
ineligible for withholding of deportation pursuant to section 243(h), 
and may not apply therefor or for any other relief under this Act, 
except that an alien found to have a credible fear of persecution or of 
return to persecution in accordance with section 208(e) shall be taken 
before a special inquiry officer for exclusion proceedings in 
accordance with section 236 and may apply for asylum, withholding of 
deportation, or both, in the course of such proceedings.
    ``(2) An alien described in paragraph (1) who has been found 
ineligible to apply for asylum under section 208(e) may be returned 
under the provisions of this section only to a country in which he or 
she has no credible fear of persecution or of return to persecution. If 
there is no country to which the alien can be returned in accordance 
with the provisions of this paragraph, the alien shall be taken before 
a special inquiry officer for exclusion proceedings in accordance with 
section 236 and may apply for asylum, withholding of deportation, or 
both, in the course of such proceedings.
    ``(3) Any alien who is excludable under section 212(a), and who has 
been brought or escorted under the authority of the United States--
            ``(A) into the United States, having been on board a vessel 
        encountered seaward of the territorial sea by officers of the 
        United States, or
            ``(B) to a port of entry, having been on board a vessel 
        encountered within the territorial sea or internal waters of 
        the United States,
shall either be detained on board the vessel on which such person 
arrived or in such facilities as are designated by the Attorney General 
or paroled in the discretion of the Attorney General pursuant to 
section 212(d)(5) pending accomplishment of the purpose for which the 
person was brought or escorted into the United States or to the port of 
entry, except that no alien shall be detained on board a public vessel 
of the United States without the concurrence of the head of the 
department under whose authority the vessel is operating.''.
    (3) Section 237(a) of the Immigration and Nationality Act (8 U.S.C. 
1227(a)) is amended--
            (A) in the second sentence of paragraph (1) by striking 
        ``Deportation'' and inserting ``Subject to section 235(d)(2), 
        deportation''; and
            (B) in the first sentence of paragraph (2) by striking 
        ``If'' and inserting ``Subject to section 235(d)(2), if''.

SEC. 202. SPECIAL PORT OF ENTRY EXCLUSION FOR ADMISSIONS FRAUD.

    Section 235 of the Immigration and Nationality Act (8 U.S.C. 1225), 
as amended by section 201(b)(2), is further amended by adding at the 
end the following new subsection:
    ``(e)(1) Subject to paragraph (d)(2), any alien (including an alien 
crewman) who--
            ``(A) may appear to the examining immigration officer or to 
        the special inquiry officer during the examination before 
        either of such officers to be excludable under section 
        212(a)(6)(C)(iii) of the Immigration and Nationality Act may be 
        ordered specially excluded and deported by the Attorney 
        General, either by a special inquiry officer or otherwise; or
            ``(B) was brought to the United States pursuant to 
        subsection (d)(3) and who may appear to an examining 
        immigration officer to be excludable may be ordered specially 
        excluded and deported by the Attorney General without any 
        further inquiry, either by a special inquiry officer or 
        otherwise.
    ``(2) Such special exclusion order is not subject to administrative 
appeal, except that the Attorney General shall provide by regulation 
for prompt review of such an order against an applicant who claims to 
have been lawfully admitted for permanent residence. A special 
exclusion order entered in accordance with the provisions of this 
subsection shall have the same effect as if the alien had been ordered 
excluded and deported pursuant to section 236, except that judicial 
review of such an order shall be available only under section 106.
    ``(3) Nothing in this subsection shall be regarded as requiring an 
inquiry before a special inquiry officer in the case of an alien 
crewman.''.

SEC. 203. JUDICIAL REVIEW.

    (a) Preclusion of Judicial Review.--Section 106 of the Immigration 
and Nationality Act (8 U.S.C. 1105a) is amended--
            (1) by amending the section heading to read as follows: 
        ``judicial review of orders of deportation and exclusion, and 
        special exclusion''; and
            (2) by adding at the end the following new subsection:
    ``(d)(1) Notwithstanding any other provision of law, and except as 
provided in this subsection, no court shall have jurisdiction to review 
any individual determination, or to entertain any other cause or claim, 
arising from or relating to the implementation or operation of sections 
208(e), 212(a)(6)(C)(iii), 235(d), and 235(e). Regardless of the nature 
of the action or claim, or the party or parties bringing the action, no 
court shall have jurisdiction or authority to enter declaratory, 
injunctive, or other equitable relief not specifically authorized in 
this subsection, nor to certify a class under Rule 23 of the Federal 
Rules of Civil Procedure.
    ``(2) Judicial review of any cause, claim, or individual 
determination covered under paragraph (d)(1) shall only be available in 
habeas corpus proceedings, and shall be limited to determinations of--
            ``(A) whether the petitioner is an alien, if the petitioner 
        makes a showing that his or her claim of United States 
        nationality is not frivolous;
            ``(B) whether the petitioner was ordered specially 
        excluded; and
            ``(C) whether the petitioner can prove by a preponderance 
        of the evidence that he or she is an alien lawfully admitted 
        for permanent residence and is entitled to such further inquiry 
        as is prescribed by the Attorney General pursuant to section 
        235(e)(2).
    ``(3) In any case where the court determines that an alien was not 
ordered specially excluded, or was not properly subject to special 
exclusion under the regulations adopted by the Attorney General, the 
court may order no relief beyond requiring that the alien receive a 
hearing in accordance with section 236, or a determination in 
accordance with section 235(c) or 273(d). Any alien excludable under 
section 212(a)(6)(C)(iii) who receives a hearing under section 236, 
whether by order of court or otherwise, may thereafter obtain judicial 
review of any resulting final order of exclusion pursuant to subsection 
(b).
    ``(4) In determining whether an alien has been ordered specially 
excluded, the court's inquiry shall be limited to whether such an order 
was in fact issued and whether it relates to the petitioner. There 
shall be no review of whether the alien is actually excludable under 
section 212(a)(6)(C)(iii) or entitled to any relief from exclusion.''.
    (b) Preclusion of Collateral Attacks.--Section 235 of the 
Immigration and Nationality Act (8 U.S.C. 1225), as amended by sections 
201(b)(2) and 202, is further amended by adding at the end the 
following new subsection:
    ``(f) In any action brought for the assessment of penalties for 
improper entry or re-entry of an alien under sections 275 and 276 of 
the Immigration and Nationality Act, no court shall have jurisdiction 
to hear claims collaterally attacking the validity of orders of 
exclusion, special exclusion, or deportation entered under sections 
235, 236, and 242 of the Immigration and Nationality Act.''.

SEC. 204. EFFECTIVE DATE.

    The amendments made by this title shall be effective upon the date 
of enactment of this Act, and shall apply to aliens who arrive in or 
seek admission to the United States on or after such date. 
Notwithstanding any other provision of law, the Attorney General may 
issue interim final regulations to implement the provisions of such 
amendments at any time on or after the date of enactment of this Act, 
which regulations may become effective upon publication without prior 
notice or opportunity for public comment.

     TITLE III--PENALTIES FOR DOCUMENT FRAUD AND MISREPRESENTATION

SEC. 301. INCREASED PENALTIES FOR DOCUMENT FRAUD.

    (a) Fraud and Misuse of Immigration Documents.--Section 1546(a) of 
title 18, United States Code, is amended by striking ``five years'' and 
inserting ``ten years''.
    (b) Fraud and Misuse of Government-Issued Identification 
Documents.--Section 1028(b)(1) of title 18, United States Code, is 
amended by striking ``five years'' and inserting ``ten years''.
    (c) Changes to the Sentencing Levels.--Pursuant to section 944 of 
title 28, United States Code, and section 21 of the Sentencing Act of 
1987, the United States Sentencing Commission shall promulgate 
guidelines, or amend existing guidelines, relating to defendants 
convicted of violating, or conspiring to violate, sections 1546(a) and 
1028(a) of title 18, United States Code. The basic offense level under 
section 2L2.1 of the United States Sentencing Guidelines shall be 
increased to--
            (1) not less than offense level 15 if the offense involved 
        1,000 or more documents;
            (2) not less than offense level 20 if the offense involved 
        2,000 or more documents, or if the documents were used to 
        facilitate any other criminal activity described in section 
        212(a)(2)(A)(i)(II) of the Immigration and Nationality Act (8 
        U.S.C. 1182(a)(A)(i)(II)) or in section 101(a)(43) of such Act, 
        as amended by this Act;
            (3) not less than offense level 25 if the offense 
        involved--
                    (A) the provision of documents to a person known or 
                suspected of engaging in a terrorist activity (as such 
                terms are defined in section 212(a)(3)(B) of the 
                Immigration and Nationality Act (8 U.S.C. 
                1182(a)(3)(B));
                    (B) the provision of documents to facilitate a 
                terrorist activity or to assist a person to engage in 
                terrorist activity (as such terms are defined in 
                section 212(a)(3)(B) of the Immigration and Nationality 
                Act (8 U.S.C. 1182(a)(3)(B)); or
                    (C) the provision of documents to persons involved 
                in racketeering enterprises (as such acts or activities 
                are defined in section 1952 of title 18, United States 
                Code).

SEC. 302. PENALTIES FOR FAILURE TO DISCLOSE ROLE AS PREPARER OF 
              FRAUDULENT DOCUMENTS.

    (a) Activities Prohibited.--Section 274C(a) of the Immigration and 
Nationality Act (8 U.S.C. 1324c(a)) is amended--
            (1) by striking ``or'' at the end of paragraph (3);
            (2) by striking the period and inserting ``, or'' at the 
        end of paragraph (4); and
            (3) by adding at the end the following new paragraph:
            ``(5) in reckless disregard of the fact that the 
        information is false or does not relate to the applicant, to 
        prepare, to file, or to assist another in preparing or filing, 
        documents which are falsely made (including but not limited to 
        documents which contain false information, contain material 
        misrepresentations, or information which does not relate to the 
        applicant) for the purpose of satisfying a requirement of this 
        Act.''.
    (b) Conforming Amendments For Civil Penalties.--Section 274C(d)(3) 
of the Immigration and Nationality Act (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 of the two places it 
appears and inserting ``each instance of a violation under subsection 
(a)''.
    (c) Criminal Penalties for Failure To Disclose Role as Document 
Preparer.--Section 274C of the Immigration and Nationality Act (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 under section 208 of this Act, 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 section 
274C(a)) for immigration benefits pursuant to section 208 of this Act, 
or the regulations promulgated thereunder, shall be guilty of a felony 
and shall be fined in accordance with title 18, United States Code, 
imprisoned for not less than 2 nor more than 5 years, or both, and 
prohibited from preparing or assisting in preparing, regardless of 
whether 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, regardless of whether for a fee or 
other remuneration, shall be guilty of a felony and shall be fined in 
accordance with title 18, United States Code, imprisoned for not less 
than 5 years nor more than 15 years, or both, and prohibited from 
preparing or assisting in preparing any other such application.''.

SEC. 303. CIVIL PENALTIES FOR FRAUD, MISREPRESENTATION, AND FAILURE TO 
              PRESENT DOCUMENTS.

    Section 274C(a) (8 U.S.C. 1324c(a)), as amended by section 302 of 
this Act, is further amended--
            (1) by striking ``or'' at the end of paragraph (4);
            (2) by striking the period at the end of paragraph (5) and 
        inserting ``; or''; and
            (3) by adding at the end the following new paragraph:
            ``(6) 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 to 
        fail to present such document to an immigration officer upon 
        arrival at a United States port of entry.
The Attorney General may, in his or her discretion, waive the penalties 
of this section with respect to an alien who knowingly violates 
paragraph (6) if the alien is granted asylum under section 208 or 
withholding of deportation under section 243(h).''.

                        TITLE IV--ASYLUM REFORM

SEC. 401. PENALTIES FOR FRIVOLOUS APPLICATIONS.

    (a) Civil Penalties.--
            (1) Prohibited activities.--Section 274C of the Immigration 
        and Nationality Act (8 U.S.C. 1324c), as amended by sections 
        302 and 303 of this Act, is further amended by inserting at the 
        end of subsection (a) the following new sentence: ``For the 
        purposes of this subsection, the phrase `falsely make any 
        document' includes the preparation or provision of any 
        application for benefits under this Act which was made 
        knowingly or in reckless disregard of the fact that such 
        application has no basis in law or fact or which otherwise 
        fails to contain information pertaining to the applicant.''.
            (2) Effective date.--The amendment made by paragraph (1) 
        applies to the preparation of applications before, on, or after 
        the date of enactment of this Act.
    (b) Criminal Penalties.--The fourth paragraph of section 1546(a) of 
title 18, United States Code, is amended to read as follows:
    ``Whoever knowingly makes under oath, or as permitted under penalty 
of perjury under section 1746 of title 28, United States Code, 
knowingly subscribes as true, any false statement with respect to a 
material fact in any application, affidavit, or other document required 
by the immigration laws or regulations prescribed thereunder, or 
knowingly presents any such application, affidavit, or other document 
which contains any such false statement or which fails to contain any 
reasonable basis in law or fact--''.

SEC. 402. ASYLUM AND WORK AUTHORIZATION.

    Section 208 of the Immigration and Nationality Act (8 U.S.C. 1158) 
is amended by inserting the following new subsection:
    ``(f) An applicant for asylum may not engage in employment in the 
United States except pursuant to this subsection. The Attorney General 
may deny, suspend, or otherwise place conditions on any application for 
or grant of authorization to engage in employment in the United States 
to any alien who makes an application under this section. The Attorney 
General shall issue regulations to prescribe the conditions for denial, 
suspension, or conditioning of such authorization, and shall include in 
such regulations a plan to address sudden, substantial increases in 
asylum applications and repeated attempts by aliens to gain such 
authorization without stating a credible fear of persecution.''.

SEC. 403. RESOURCES TO ADDRESS ASYLUM BACKLOG.

    (a) Purpose and Period of Authorization.--For the purpose of 
reducing the number of applications pending under sections 208 and 
243(h) of the Immigration and Nationality Act (8 U.S.C. 1158 and 8 
U.S.C. 1253) as of the date of enactment of this Act, the Attorney 
General shall have the authority described in subsections (b) and (c) 
for a period of 2 years, beginning 90 days after the date of enactment 
of this Act.
    (b) Procedures for Property Acquisition on Leasing.--
Notwithstanding the Federal Property and Administrative Services Act of 
1949 (40 U.S.C. 471 et seq.), the Attorney General is authorized to 
expend out of funds made available to the Department of Justice for the 
administration of the Immigration and Nationality Act such amounts as 
may be necessary for the leasing or acquisition of property to carry 
out the purpose described in subsection (a).
    (c) Use of Federal Retirees.--(1) In order to carry out the purpose 
described in subsection (a), the Attorney General may employ 
temporarily not more than 300 persons who, by reason of retirement on 
or before January 1, 1993, are receiving--
            (A) annuities under the provisions of subchapter III of 
        chapter 83 of title 5, United States Code, or chapter 84 of 
        such title;
            (B) annuities under any other retirement system for 
        employees of the Federal Government; or
            (C) retired or retainer pay as retired officers of regular 
        components of the uniformed services.
    (2) In the case of a person retired under the provisions of 
subchapter III of chapter 83 of title 5, United States Code--
            (A) no amounts may be deducted from the person's pay,
            (B) the annuity of such person may not be terminated,
            (C) payment of annuity to such person may not be 
        discontinued, and
            (D) the annuity of such person may not be recomputed,
under section 8344 of such title by reason of temporary employment 
authorized in paragraph (1).
    (3) In the case of a person retired under the provisions of chapter 
84 of title 5, United States Code--
            (A) no amounts may be deducted from the person's pay,
            (B) contributions to the Civil Service Retirement and 
        Disability Fund may not be made, and
            (C) the annuity of such person may not be recomputed,
under section 8468 of such title by reason of temporary employment 
authorized in paragraph (1).
    (4) The retired or retainer pay of a retired officer of a regular 
component of a uniformed service may not be reduced under section 5532 
of title 5, United States Code, by reason of temporary employment 
authorized in paragraph (1).
    (5) The President shall apply the provisions of paragraphs (2) and 
(3) to persons referred to in paragraph (1)(B) in the same manner and 
to the same extent as such provisions apply to persons referred to in 
paragraph (1)(A).

SEC. 404. REFORMS TO DEPORTATION PROCESS.

    (a) Language of Order to Show Cause.--Section 242B of the 
Immigration and Nationality Act (8 U.S.C. 1252b) is amended in 
subsection (a)(3) by striking ``under this subsection'' and all that 
follows through ``(B)'' and inserting ``under this subsection''.
    (b) Privilege of Counsel.--(1) Section 242B(b)(1) of such Act (8 
U.S.C. 1252(b)(1)) is amended by inserting before the period at the end 
the following: ``, except that a hearing may be scheduled as early as 3 
days after the service of the order to show cause if the alien has been 
continued in custody subject to section 242''.
    (2) The parenthetical phrase in section 292 of such Act (8 U.S.C. 
1362) is amended to read as follows: ``(at no expense to the Government 
or unreasonable delay to the proceedings)''.
    (3) Section 242B(b) of such Act is further amended by inserting at 
the end the following new paragraph:
            ``(3) Rule of construction.--Nothing in this subsection may 
        be construed to prevent the Attorney General from proceeding 
        against an alien pursuant to section 242 if the time period 
        described in paragraph (1) has elapsed and the alien has failed 
        to secure counsel.''.
    (c) Judicial Review.--Section 106(a) of such Act (8 U.S.C. 
1105a(a)) is amended by amending paragraph (1) to read as follows:
            ``(1)(A) a petition for review may be filed not later than 
        30 days after the date of the issuance of the final deportation 
        order, or, in the case of an alien convicted of an aggravated 
        felony, not later than 15 days after the issuance of such 
        order;
            ``(B) the alien shall serve and file a brief 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; and
            ``(C) if an alien fails to file a brief within the time 
        provided in this paragraph, the Attorney General may move to 
        dismiss the appeal, and the court shall grant such motion 
        unless a manifest injustice would result;''.
    (d) Effective Date.--The amendments made by subsection (c) shall 
apply to all final orders of deportation entered on or after the date 
of enactment of this Act.

SEC. 405. REDUCTION OF INCENTIVE TO DELAY PROCEEDINGS.

    (a) Relief Under Section 212(c).--Section 212(c) of the Immigration 
and Nationality Act (8 U.S.C. 1182(c)) is amended--
            (1) by redesignating subsection (c) as subsection (c)(1); 
        and
            (2) by adding at the end the following:
    ``(2) For the purpose of satisfying the 7-year period described in 
paragraph (1), no time shall count toward such period after the alien 
has received an order to show cause issued under section 242 or 
242B.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to all applications for relief under section 212(c) or 244 filed 
on or after the date of enactment of this Act.

            TITLE V--ILLEGAL IMMIGRATION AND BORDER SECURITY

SEC. 501. ADDITIONAL INVESTIGATORS.

    (a) Investigators.--The Attorney General may, subject to the normal 
Congressional notification procedures as stipulated in Public Law 103-
121 section 107, transfer the funds specified in subsection (b) to the 
Immigration and Naturalization Service for use without fiscal year 
limitation for the purpose of hiring 125 additional investigators and 
support staff to investigate potential violations of sections 274 and 
274A of the Immigration and Nationality Act (8 U.S.C. 1324 and 1324a).
    (b) Funds Covered.--Funds for transfer under subsection (a) are 
funds in the following amounts which are available to the Department of 
Justice for fiscal year 1994 in the following accounts:
            (1) Office of Justice Programs, $2,000,000.
            (2) Assets Forfeiture Account, $6,000,000.
    (c) Limitation on Overtime.--None of the funds made available to 
the Immigration and Naturalization Service under this section 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. 502. FUNDING OF DEPORTATION COSTS.

    (a) Authority.--In addition to the amounts described in section 
501, the Attorney General may, subject to the normal Congressional 
notification procedures as stipulated in Pubic Law 103-121 section 107, 
transfer the funds specified in subsection (b) to the Immigration and 
Naturalization Service for use without fiscal year limitation for the 
purpose of--
            (1) executing final orders of deportation pursuant to 
        sections 242 and 242A of the Immigration and Nationality Act (8 
        U.S.C. 1252); and
            (2) detaining aliens prior to the execution of final orders 
        issued under such sections.
    (b) Funds Covered.--Funds for transfer under subsection (a) are 
funds in the following amounts which are available to the Department of 
Justice for fiscal year 1994 in the following accounts:
            (1) Office of Justice Programs, $2,000,000.
            (2) Assets Forfeiture Account, $8,000,000.

SEC. 503. INTERIOR REPATRIATION PILOT PROGRAM.

    (a) Establishment.--Not later than 120 days after the date of 
enactment of this Act, the Attorney General, after consultation with 
the Secretary of State, shall establish a pilot program for up to 2 
years which provides for methods to deter multiple unauthorized entries 
by aliens into the United States. The pilot program may include the 
development and use of interior repatriation, third country 
repatriation, and other disincentives for multiple illegal entries into 
the United States.
    (b) Report.--Not later than 35 months after the date of enactment 
of this Act, the Attorney General, together 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 
pilot program under this section and whether the pilot program or any 
part thereof should be extended or made permanent.

                   TITLE VI--BORDER CROSSING USER FEE

SEC. 601. IMPOSITION OF FEES.

    (a) Land Border User Fee Account.--Section 286(q) of the 
Immigration and Nationality Act (8 U.S.C. 1356(q)) is amended to read 
as follows:
    ``(q) Land Border User Fee Account.--(1) The Attorney General, 
after consultation with the Secretary of State, shall impose fees at 
the time of a person's entry into the United States at a land border 
port of entry for the person's use of border facilities or services of 
the Immigration and Naturalization Service in an amount necessary to 
make the total of such fees substantially equal to the cost of 
maintaining and operating such facilities and services.
    ``(2) All fees collected under paragraph (1) shall be deposited as 
offsetting receipts in a separate account within the general fund of 
the Treasury of the United States and shall remain available until 
expended. Such account shall be known as the `Land Border User Fee 
Account'.
    ``(3)(A) The Secretary of the Treasury shall refund out of the Land 
Border User Fee Account, at least on a quarterly basis, amounts to any 
appropriations for expenses incurred in providing inspection services 
at land border points of entry. Such expenses shall include--
            ``(i) the provision of inspection services;
            ``(ii) the operation and maintenance of inspection 
        facilities at land border points of entry;
            ``(iii) the expansion, operation, and maintenance of 
        information systems for nonimmigrant control;
            ``(iv) the hire of additional permanent and temporary 
        inspectors;
            ``(v) the minor construction costs associated with the 
        addition of new traffic lanes (with the concurrence of the 
        General Services Administration), including the establishment 
        of commuter lanes to be made available to qualified United 
        States citizens and aliens, as determined by the Attorney 
        General;
            ``(vi) the detection of fraudulent documents used by 
        passengers traveling to the United States; and
            ``(vii) providing for the administration of the Land Border 
        User Fee Account.
    ``(B) Beginning for the fiscal year which begins after the 
effective date of this subsection, amounts required to be refunded in 
any fiscal year shall be refunded in accordance with estimates made in 
the budget request of the Attorney General for that fiscal year. Any 
proposed change in an amount specified in such budget request shall 
only be made after notification to the Committees on Appropriations of 
the House of Representatives and the Senate in accordance with section 
606 of Public Law 101-162 and only if the Committees on the Judiciary 
of the House of Representatives and the Senate are notified at least 15 
days in advance.
    ``(4) Beginning two years after the date of enactment of this Act, 
and every two years thereafter, the Attorney General shall prepare and 
submit to the Congress a report containing--
            ``(A) a statement of the financial condition of the Land 
        Border Use Fee Account, including the beginning account 
        balance, revenues, withdrawals, and ending account balance and 
        projection for the next two fiscal years; and
            ``(B) a recommendation, if necessary, regarding any 
        adjustment in the prescribed fee that may be required to ensure 
        that the receipts collected from the fee charged for the 
        succeeding two-year period equal, as closely as possible, the 
        cost of providing the facilities and services described in 
        paragraph (1).''.
    (b) Effective Date.--(1) The amendment made by subsection (a) shall 
take effect 6 months after the date of enactment of this Act.
    (2) Not later than 90 days after the date of enactment of this Act, 
the Attorney General shall submit in writing to the Committees on the 
Judiciary and the Committees on Appropriations of the House of 
Representatives and of the Senate a plan detailing the proposed 
implementation of section 286(q) of the Immigration and Nationality Act 
(as amended by this Act).
    (3) Effective 6 months after the date of enactment of this Act the 
fourth proviso under the heading ``Immigration and Naturalization 
Service, Salaries and Expenses'' in Public Law 103-121 is repealed.
    (c) Use of Unused Moneys for Border Security.--(1) Notwithstanding 
any other provision of law, upon the date of enactment of this Act, the 
Secretary of the Treasury shall refund to the Appropriation Account of 
the Immigration and Naturalization Service the following amounts of 
unobligated funds in the Land Border Inspection Fee Account (to the 
extent available), for use as follows:
            (A) Not to exceed $20,000,000 for the hiring and equipping 
        of 100 additional Border Patrol agents and of support personnel 
        for increases in the number of Border Patrol agents for that 
        fiscal year.
            (B) Not to exceed $10,000,000, to carry out the project 
        described in subsection (e), and 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 for 
        that fiscal year.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Department of Justice such additional funds as may 
be necessary to enable the Border Patrol to increase the number of its 
agents and support personnel by 100 for each fiscal year beginning with 
the fiscal year 1995 and ending with the fiscal year 2000.
    (e) Border Pilot Project.--The Attorney General shall conduct a 
pilot project of at least 6 months duration, beginning in fiscal year 
1994, at the international border at San Diego, California, which would 
attempt to deter the entry without inspection of aliens into the United 
States in substantially the same manner as the program originally 
entitled ``Operation Blockade'' initiated in fiscal year 1993 at the 
international border between El Paso, Texas, and Juarez, Chihuahua.

                 TITLE VII--DETENTION OF ILLEGAL ALIENS

SEC. 701. PILOT PROGRAM ON USE OF CLOSED MILITARY BASES FOR THE 
              DETENTION OF ILLEGAL ALIENS.

    (a) Establishment.--The Attorney General and the Secretary of 
Defense shall establish a pilot program for up to 2 years to determine 
the feasibility of the use of military bases available through the 
defense base closure and realignment process as detention centers for 
the Immigration and Naturalization Service.
    (b) Report.--Not later than 35 months after the date of 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 through the defense base 
closure and realignment process as detention centers by the Immigration 
and Naturalization Service.

                   TITLE VIII--PUBLIC BENEFITS ABUSE

SEC. 801. INELIGIBILITY FOR CERTAIN FEDERAL BENEFITS.

    (a) Direct Financial Assistance or Benefits.--
            (1) In general.--Notwithstanding any other provision of 
        law, an unlawful alien (as defined in subsection (d)(2)) shall 
        not be eligible to receive any direct financial assistance or 
        benefits under any Federal program, except--
                    (A) emergency medical services under title XIX of 
                the Social Security Act,
                    (B) short-term emergency disaster relief,
                    (C) assistance or benefits under the National 
                School Lunch Act,
                    (D) assistance or benefits under the Child 
                Nutrition Act of 1966, and
                    (E) public health assistance for immunizations with 
                respect to immunizable diseases and for testing and 
                treatment for communicable diseases.
            (2) Notification of aliens.--The Federal agency 
        administering a program referred to in paragraph (1) shall, 
        directly or through the States, notify any unlawful alien who 
        is receiving benefits under the program on the date of the 
        enactment of this Act and whose eligibility for the program is 
        terminated by reason of this subsection.
    (b) Unemployment Benefits.--
            (1) In general.--Notwithstanding any other provision of 
        law, an alien shall not be eligible to receive any portion of 
        unemployment benefits payable out of Federal funds.
            (2) Limited exception for lawful aliens.--Paragraph (1) 
        shall not apply to any lawful alien (as defined in subsection 
        (d)(1)) who has been granted employment authorization pursuant 
        to Federal law if the unemployment benefits are attributable to 
        the authorized employment.
    (c) 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 of 
the Senate, the Committee on the Judiciary of the House of 
Representatives, the Committee on Banking, Housing, and Urban Affairs 
of the Senate, and the Committee on Banking, Finance and Urban Affairs 
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.
    (d) Definitions.--For the purposes of this section--
            (1) Lawful alien.--The term ``lawful alien'' means an 
        individual who is
                    (A) an alien lawfully admitted for permanent 
                residence,
                    (B) an asylee,
                    (C) a refugee,
                    (D) an alien whose deportation has been withheld 
                under section 243(h) of the Immigration and Nationality 
                Act,
                    (E) a parolee who has been paroled for a period of 
                1 year or more, or
                    (F) a Chinese national described in section 2(b) of 
                the Chinese Student Protection Act of 1992 (Public Law 
                102-404) who, as of the date of enactment of this Act, 
                has applied for adjustment of status in accordance with 
                Public Law 102-404.
            (2) Unlawful alien.--The term ``unlawful alien'' means an 
        individual who is not--
                    (A) a United States citizen; or
                    (B) a lawful alien.
    (e) Effective Date.--The provisions of this section shall apply to 
benefits received on or after the date of the enactment of this Act.

SEC. 802. ATTRIBUTION OF SPONSOR'S INCOME AND RESOURCES TO FAMILY 
              PREFERENCE ALIENS.

    (a) In General.--Notwithstanding any other provision of law, in 
determining eligibility for, and the amount of benefits of, a lawful 
alien (as defined in section 801(d)(1)) under any Federal program, the 
income and resources of the alien shall include--
            (1) the income and resources of any person who, as a 
        sponsor of such alien's entry into the United States, executed 
        an affidavit of support or similar agreement with respect to 
        such alien, and
            (2) the income and resources of such sponsor's spouse.
The preceding sentence shall apply until such time as the alien 
achieves United States citizenship through naturalization pursuant to 
chapter 2 of title III of the Immigration and Nationality Act.
    (b) Effective Date.--The provisions of this section shall apply to 
applications for benefits or benefits received on or after the date of 
the enactment of this Act.

SEC. 803. DEFINITION OF PUBLIC CHARGE.

    (a) In General.--Section 241(a)(5) of the Immigration and 
Nationality Act (8 U.S.C. 1251(a)(5)) is amended to read as follows:
            ``(5) Public charge.--
                    ``(A) In general.--Any alien who, within 5 years 
                after the date of entry, has become a public charge 
                from causes not affirmatively shown to have arisen 
                since entry is deportable.
                    ``(B) Definition.--For purposes of subparagraph 
                (A), the term `public charge' shall include any alien 
                who receives benefits under 1 or more of the programs 
                described in subparagraph (C) for more than 12 
                consecutive months.
                    ``(C) Programs described.--The programs described 
                in this subparagraph are the following:
                            ``(i) The aid to families with dependent 
                        children program under title IV of the Social 
                        Security Act.
                            ``(ii) The medicaid program under title XIX 
                        of the Social Security Act.
                            ``(iii) The food stamp program under the 
                        Food Stamp Act of 1977.
                            ``(iv) The supplemental security income 
                        program under title XVI of the Social Security 
                        Act.
                            ``(v) Any State general assistance 
                        program.''.
    (b) Construction.--Nothing in section 241(a)(5)(B) of the 
Immigration and Nationality Act may be construed to invalidate other 
factual bases for consideration of an alien as a public charge which 
were in effect on the day before the date of the enactment of this Act.
    (c) Review of Status.--Before approving any application by an alien 
for benefits under section 216, section 245, or chapter 2 of title III 
of the Immigration and Nationality Act, the Attorney General shall 
determine whether or not the applicant is described in section 
241(a)(5)(B) of the Immigration and Nationality Act.

               TITLE IX--WORK AUTHORIZATION VERIFICATION

SEC. 901. WORK AUTHORIZATION VERIFICATION.

    The Attorney General, together with the Secretary of Health and 
Human Services, shall develop and implement a counterfeit-resistant 
system to verify work eligibility and federally-funded public 
assistance benefits eligibility for all persons within the United 
States. If the system developed includes a document (designed 
specifically for use for this purpose), that document shall not be used 
as a national identification card, and the document shall not be 
required to be carried or presented by any person except at the time of 
application for federally funded public assistance benefits or to 
comply with employment eligibility verification requirements.

 TITLE X--NUMERICAL LIMITATIONS ON ADMISSION OF ALIENS INTO THE UNITED 
                                 STATES

SEC. 1001. REDUCTION IN WORLDWIDE IMMIGRATION DURING FISCAL YEARS 1995 
              THROUGH 1999.

    Section 201 of the Immigration and Nationality Act (8 U.S.C. 1151) 
is amended by adding at the end the following new subsection:
    ``(f) Reduction in Worldwide Level of Immigration During Fiscal 
Years 1995 Through 1999.--Notwithstanding the previous provisions of 
this section, or sections 202 and 203, for each of the fiscal years 
1995 through 1999, the new numerical level, limitation, or percentage 
specified in column (d) of the following table shall be substituted for 
the numerical level, limitation, or percentage specified in column (c) 
and appearing in the section specified in column (b):

----------------------------------------------------------------------------------------------------------------
          ``(a) Description of                                      (c) Current numerical    (d) New numerical  
            numerical level,        (b) Section in which appearing  level, limitation, or  level, limitation, or
       limitation, or percentages                                         percentage             percentage     
----------------------------------------------------------------------------------------------------------------
      Worldwide level of family-                                    480,000                405,000              
       sponsored immigrants......  Sec. 201(c)(1)(A)(i)                                                         
      Worldwide level of                                            140,000                95,000               
       employment-based                                                                                         
       immigrants................  Sec. 201(d)(1)(A)                                                            
      Worldwide level of                                            55,000                 0                    
       diversity immigrants......  Sec. 201(e)                                                                  
      Percentage floor for 2A                                       77 percent             80.5 percent         
       family preference                                                                                        
       immigrants under per                                                                                     
       country numerical                                                                                        
       limitations...............  Sec. 202(a)(4)(A)(ii)                                                        
      Percentage allocation for                                     23 percent             19.5 percent         
       2B family preference                                                                                     
       immigrants under per                                                                                     
       country numerical                                                                                        
       limitations...............  Sec. 202(a)(4)(C)(i)                                                         
      Numerical allocations for                                     114,200                109,200              
       family 2d preference                                                                                     
       immigrants (spouses and                                                                                  
       unmarried sons and                                                                                       
       unmarried daughters of                                                                                   
       permanent resident aliens)  Sec. 203(a)(2)                                                               
      Percentage floor for 2A                                       77 percent             80.5 percent         
       family preference                                                                                        
       immigrants (spouses and                                                                                  
       children of permanent                                                                                    
       resident aliens)..........  Sec. 203(a)(2)                                                               
      Numerical allocation for                                      23,400                 18,400               
       family 3d preference                                                                                     
       immigrants (married sons                                                                                 
       and married daughters of                                                                                 
       citizens).................  Sec. 203(a)(3)                                                               
      Numerical allocation for                                      65,000                 0                    
       family 4th preference                                                                                    
       immigrants (brothers and                                                                                 
       sisters of citizens)......  Sec. 203(a)(4)                                                               
      Numerical limitation on                                       10,000                 0''.                 
       unskilled labor permitted                                                                                
       to enter under employment                                                                                
       3d preference (skilled                                                                                   
       workers, professionals,                                                                                  
       and other workers)........  Sec. 203(b)(3)(B)                                                            
----------------------------------------------------------------------------------------------------------------

SEC. 1002. WORLDWIDE NUMERICAL LIMITATION.

    Section 201(c)(1)(B) of the Immigration and Nationality Act (8 
U.S.C. 1151(c)(1)(B)) is amended--
            (1) by striking ``(i)'' immediately after ``(B)''; and
            (2) by striking paragraph (1)(B)(ii).

SEC. 1003. NUMERICAL LIMITATION ON ANNUAL ADMISSION OF REFUGEES.

    Section 207(a)(2) of the Immigration and Nationality Act (8 U.S.C. 
1157(a)(2)) is amended--
            (1) by inserting ``(A)'' immediately after ``(2)''; and
            (2) by inserting ``in subparagraph (B) and'' after 
        ``provided''; and
            (3) by adding at the end the following:
    ``(B) The number of refugees admitted in any fiscal year may not 
exceed 80,000 unless Congress enacts a bill or joint resolution 
specifically authorizing a greater number.''.

                   TITLE XI--MISCELLANEOUS PROVISIONS

SEC. 1101. USE OF LEGALIZATION INFORMATION FOR CRIMINAL PROSECUTION 
              PURPOSES.

    (a) Confidentiality of Information.--Section 245A(c)(5)(C) (8 
U.S.C. 1255a(c)(5)(C)) is amended by amending the text after 
subparagraph (C) to read as follows:
``except that the Attorney General shall provide information furnished 
under this section when such information is requested in writing by a 
duly recognized law enforcement entity in connection with a criminal 
investigation or prosecution, 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, or 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. Anyone who 
uses, publishes, or permits information to be examined in violation of 
this paragraph shall be fined in accordance with title 18, United 
States Code, or imprisoned not more than five years, or both.''.
    (b) Special Agricultural Workers.--Section 210(b)(6)(C) (8 U.S.C. 
1160(b)(6)(C)) is amended--
            (1) by striking the period at the end of subparagraph (C) 
        and inserting a comma; and
            (2) by adding in full measure margin after subparagraph (C) 
        the following: ``except that the Attorney General shall provide 
        information furnished under this section when such information 
        is requested in writing by a duly recognized law enforcement 
        entity in connection with a criminal investigation or 
        prosecution, 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.''.

SEC. 1102. COMMUNICATIONS BETWEEN FEDERALLY FUNDED GOVERNMENT AGENCIES 
              AND THE IMMIGRATION AND NATURALIZATION SERVICE.

    Notwithstanding any other provision of law, no Federal, State, or 
local government entity receiving Federal funds shall be prohibited or 
in any way restricted from communicating with the Immigration and 
Naturalization Service regarding the immigration status, legal or 
illegal, of an alien in the United States.

                                 <all>

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