[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2202 Engrossed Amendment Senate (EAS)]
In the Senate of the United States,
May 2, 1996.
Resolved, That the bill from the House of Representatives (H.R.
2202) entitled ``An Act to amend the Immigration and Nationality Act to
improve deterrence of illegal immigration to the United States by
increasing border patrol and investigative personnel, by increasing
penalties for alien smuggling and for document fraud, by reforming
exclusion and deportation law and procedures, by improving the
verification system for eligibility for employment, and through other
measures, to reform the legal immigration system and facilitate legal
entries into the United States, and for other purposes'', do pass with
the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE; REFERENCES IN ACT.
(a) Short Title.--This Act may be cited as the ``Immigration
Control and Financial Responsibility Act of 1996''.
(b) References in Act.--Except as otherwise specifically provided
in this Act, whenever in this Act an amendment or repeal is expressed
as an amendment to or repeal of a provision, the reference shall be
deemed to be made to the Immigration and Nationality Act (8 U.S.C. 1101
et seq.).
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title; references in Act.
Sec. 2. Table of contents.
TITLE I--IMMIGRATION CONTROL
Subtitle A--Law Enforcement
Part 1--Additional Enforcement Personnel and Facilities
Sec. 101. Border Patrol agents.
Sec. 102. Investigators.
Sec. 103. Land border inspectors.
Sec. 104. Investigators of visa overstayers.
Sec. 105. Increased personnel levels for the Labor Department.
Sec. 106. Increase in INS detention facilities.
Sec. 107. Hiring and training standards.
Sec. 108. Construction of physical barriers, deployment of technology
and improvements to roads in the border
area near San Diego, California.
Sec. 109. Preserve law enforcement functions and capabilities in
interior States.
Part 2--Verification of Eligibility to Work and to Receive Public
Assistance
subpart a--development of new verification system
Sec. 111. Establishment of new system.
Sec. 112. Demonstration projects.
Sec. 113. Comptroller General monitoring and reports.
Sec. 114. General nonpreemption of existing rights and remedies.
Sec. 11subpart b--strengthening existing verification procedures
Sec. 116. Changes in list of acceptable employment-verification
documents.
Sec. 117. Treatment of certain documentary practices as unfair
immigration-related employment practices.
Sec. 118. Improvements in identification-related documents.
Sec. 119. Enhanced civil penalties if labor standards violations are
present.
Sec. 120. Increased number of Assistant United States Attorneys to
prosecute cases of unlawful employment of
aliens or document fraud.
Sec. 120A. Subpoena authority for cases of unlawful employment of
aliens or document fraud.
Sec. 120B. Task force to improve public education regarding unlawful
employment of aliens and unfair
immigration-related employment practices.
Sec. 120C. Nationwide fingerprinting of apprehended aliens.
Sec. 120D. Application of verification procedures to State agency
referrals of employment.
Sec. 120E. Retention of verification form.
Part 3--Alien Smuggling; Document Fraud
Sec. 121. Wiretap authority for investigations of alien smuggling or
document fraud.
Sec. 122. Additional coverage in RICO for offenses relating to alien
smuggling and document fraud.
Sec. 123. Increased criminal penalties for alien smuggling.
Sec. 124. Admissibility of videotaped witness testimony.
Sec. 125. Expanded forfeiture for alien smuggling and document fraud.
Sec. 126. Criminal forfeiture for alien smuggling, unlawful employment
of aliens, or document fraud.
Sec. 127. Increased criminal penalties for fraudulent use of
government-issued documents.
Sec. 128. Criminal penalty for false statement in a document required
under the immigration laws or knowingly
presenting document which fails to contain
reasonable basis in law or fact.
Sec. 129. New criminal penalties for failure to disclose role as
preparer of false application for asylum or
for preparing certain post-conviction
applications.
Sec. 130. New document fraud offenses; new civil penalties for document
fraud.
Sec. 131. Penalties for involuntary servitude.
Sec. 132. Exclusion relating to material support to terrorists.
Part 4--Exclusion and Deportation
Sec. 141. Special exclusion in extraordinary migration situations.
Sec. 142. Judicial review of orders of exclusion and deportation.
Sec. 143. Civil penalties and visa ineligibility, for failure to
depart.
Sec. 144. Conduct of proceedings by electronic means.
Sec. 145. Subpoena authority.
Sec. 146. Language of deportation notice; right to counsel.
Sec. 147. Addition of nonimmigrant visas to types of visa denied for
countries refusing to accept deported
aliens.
Sec. 148. Authorization of special fund for costs of deportation.
Sec. 149. Pilot program to increase efficiency in removal of detained
aliens.
Sec. 150. Limitations on relief from exclusion and deportation.
Sec. 151. Alien stowaways.
Sec. 152. Pilot program on interior repatriation and other methods to
deter multiple unlawful entries.
Sec. 153. Pilot program on use of closed military bases for the
detention of excludable or deportable
aliens.
Sec. 154. Physical and mental examinations.
Sec. 155. Certification requirements for foreign health-care workers.
Sec. 156. Increased bar to reentry for aliens previously removed.
Sec. 157. Elimination of consulate shopping for visa overstays.
Sec. 158. Incitement as a basis for exclusion from the United States.
Sec. 159. Conforming amendment to withholding of deportation.
Part 5--Criminal Aliens
Sec. 161. Amended definition of aggravated felony.
Sec. 162. Ineligibility of aggravated felons for adjustment of status.
Sec. 163. Expeditious deportation creates no enforceable right for
aggravated felons.
Sec. 164. Custody of aliens convicted of aggravated felonies.
Sec. 165. Judicial deportation.
Sec. 166. Stipulated exclusion or deportation.
Sec. 167. Deportation as a condition of probation.
Sec. 168. Annual report on criminal aliens.
Sec. 169. Undercover investigation authority.
Sec. 170. Prisoner transfer treaties.
Sec. 170A. Prisoner transfer treaties study.
Sec. 170B. Using alien for immoral purposes, filing requirement.
Sec. 170C. Technical corrections to Violent Crime Control Act and
Technical Corrections Act.
Sec. 170D. Demonstration project for identification of illegal aliens
in incarceration facility of Anaheim,
California.
Part 6--Miscellaneous
Sec. 171. Immigration emergency provisions.
Sec. 172. Authority to determine visa processing procedures.
Sec. 173. Joint study of automated data collection.
Sec. 174. Automated entry-exit control system.
Sec. 175. Use of legalization and special agricultural worker
information.
Sec. 176. Rescission of lawful permanent resident status.
Sec. 177. Communication between Federal, State, and local government
agencies, and the Immigration and
Naturalization Service.
Sec. 178. Authority to use volunteers.
Sec. 179. Authority to acquire Federal equipment for border.
Sec. 180. Limitation on legalization litigation.
Sec. 181. Limitation on adjustment of status.
Sec. 182. Report on detention space.
Sec. 183. Compensation of immigration judges.
Sec. 184. Acceptance of State services to carry out immigration
enforcement.
Sec. 185. Alien witness cooperation.
Subtitle B--Other Control Measures
Part 1--Parole Authority
Sec. 191. Usable only on a case-by-case basis for humanitarian reasons
or significant public benefit.
Sec. 192. Inclusion in worldwide level of family-sponsored immigrants.
Part 2--Asylum
Sec. 193. Time limitation on asylum claims.
Sec. 194. Limitation on work authorization for asylum applicants.
Sec. 195. Increased resources for reducing asylum application backlogs.
Part 3--Cuban Adjustment Act
Sec. 196. Repeal and exception.
Subtitle C--Effective Dates
Sec. 197. Effective dates.
TITLE II--FINANCIAL RESPONSIBILITY
Subtitle A--Receipt of Certain Government Benefits
Sec. 201. Ineligibility of excludable, deportable, and nonimmigrant
aliens.
Sec. 202. Definition of ``public charge'' for purposes of deportation.
Sec. 203. Requirements for sponsor's affidavit of support.
Sec. 204. Attribution of sponsor's income and resources to family-
sponsored immigrants.
Sec. 205. Verification of student eligibility for postsecondary Federal
student financial assistance.
Sec. 206. Authority of States and localities to limit assistance to
aliens and to distinguish among classes of
aliens in providing general public
assistance.
Sec. 207. Increased maximum criminal penalties for forging or
counterfeiting seal of a Federal department
or agency to facilitate benefit fraud by an
unlawful alien.
Sec. 208. State option under the medicaid program to place anti-fraud
investigators in hospitals.
Sec. 209. Computation of targeted assistance.
Subtitle B--Miscellaneous Provisions
Sec. 211. Reimbursement of States and localities for emergency medical
assistance for certain illegal aliens.
Sec. 212. Treatment of expenses subject to emergency medical services
exception.
Sec. 213. Pilot programs.
Sec. 214. Use of public schools by nonimmigrant foreign students.
Sec. 215. Pilot program to collect information relating to nonimmigrant
foreign students.
Sec. 216. False claims of United States citizenship.
Sec. 217. Voting by aliens.
Sec. 218. Exclusion grounds for offenses of domestic violence,
stalking, crimes against children, and
crimes of sexual violence.
Subtitle C--Housing Assistance
Sec. 221. Short title.
Sec. 222. Prorating of financial assistance.
Sec. 223. Actions in cases of termination of financial assistance.
Sec. 224. Verification of immigration status and eligibility for
financial assistance.
Sec. 225. Prohibition of sanctions against entities making financial
assistance eligibility determinations.
Sec. 226. Eligibility for public and assisted housing.
Sec. 227. Regulations.
Subtitle D--Effective Dates
Sec. 231. Effective dates.
TITLE III--MISCELLANEOUS PROVISIONS
Sec. 301. Changes regarding visa application process.
Sec. 302. Visa waiver program.
Sec. 303. Technical amendment.
Sec. 304. Criminal penalties for high speed flights from immigration
checkpoints.
Sec. 305. Children born abroad to United States citizen mothers;
transmission requirements.
Sec. 306. Fee for diversity immigrant lottery.
Sec. 307. Support of demonstration projects for naturalization
ceremonies.
Sec. 308. Review of contracts with English and civics test entities.
Sec. 309. Designation of a United States customs administrative
building.
Sec. 310. Waiver of foreign country residence requirement with respect
to international medical graduates.
Sec. 311. Continued validity of labor certifications and petitions for
professional athletes.
Sec. 312. Mail-order bride business.
Sec. 313. Appropriations for Criminal Alien Tracking Center.
Sec. 314. Border Patrol Museum.
Sec. 315. Pilot programs to permit bonding.
Sec. 316. Minimum State INS presence.
Sec. 317. Disqualification from attaining nonimmigrant or permanent
residence status.
Sec. 318. Passports issued for children under 16.
Sec. 319. Exclusion of certain aliens from family unity program.
Sec. 320. To ensure appropriately stringent penalties for conspiring
with or assisting an alien to commit an
offense under the Controlled Substances
Import and Export Act.
Sec. 321. Review and report on H-2A nonimmigrant workers program.
Sec. 322. Findings related to the role of interior Border Patrol
stations.
Sec. 323. Administrative review of orders.
Sec. 324. Social Security Act.
Sec. 325. Housing and Community Development Act of 1980.
Sec. 326. Higher Education Act of 1965.
Sec. 327. Land acquisition authority.
Sec. 328. Services to family members of INS officers killed in the line
of duty.
Sec. 329. Powers and duties of the Attorney General and the
Commissioner.
Sec. 330. Preclearance authority.
Sec. 331. Confidentiality provision for certain alien battered spouses
and children.
Sec. 332. Development of prototype of counterfeit-resistant Social
Security card required.
Sec. 333. Report on allegations of harassment by Canadian customs
agents.
Sec. 334. Sense of Congress on the discriminatory application of the
New Brunswick Provincial Sales Tax.
Sec. 335. Female genital mutilation.
TITLE I--IMMIGRATION CONTROL
Subtitle A--Law Enforcement
PART 1--ADDITIONAL ENFORCEMENT PERSONNEL AND FACILITIES
SEC. 101. BORDER PATROL AGENTS.
(a) Border Patrol Agents.--The Attorney General, in fiscal year
1996 shall increase by no less than 700, and in each of fiscal years
1997, 1998, 1999, and 2000, shall increase by no less than 1,000, the
number of positions for full-time, active-duty Border Patrol agents
within the Immigration and Naturalization Service above the number of
such positions for which funds were allotted for the preceding fiscal
year.
(b) Border Patrol Support Personnel.--The Attorney General, in each
of fiscal years 1996, 1997, 1998, 1999, and 2000, may increase by not
more than 300 the number of positions for personnel in support of
Border Patrol agents above the number of such positions for which funds
were allotted for the preceding fiscal year.
SEC. 102. INVESTIGATORS.
(a) Authorization.--There are authorized to be appropriated to the
Department of Justice such funds as may be necessary to enable the
Commissioner of the Immigration and Naturalization Service to increase
the number of investigators and support personnel to investigate
potential violations of sections 274 and 274A of the Immigration and
Nationality Act (8 U.S.C. 1324 and 1324a) by a number equivalent to 300
full-time active-duty investigators in each of fiscal years 1996, 1997,
and 1998.
(b) 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. 103. LAND BORDER INSPECTORS.
In order to eliminate undue delay in the thorough inspection of
persons and vehicles lawfully attempting to enter the United States,
the Attorney General and the Secretary of the Treasury shall increase,
by approximately equal numbers in each of fiscal years 1996 and 1997,
the number of full-time land border inspectors assigned to active duty
by the Immigration and Naturalization Service and the United States
Customs Service to a level adequate to assure full staffing during peak
crossing hours of all border crossing lanes currently in use, under
construction, or whose construction has been authorized by Congress,
except such low-use lanes as the Attorney General may designate.
SEC. 104. INVESTIGATORS OF VISA OVERSTAYERS.
There are authorized to be appropriated to the Department of
Justice such funds as may be necessary to enable the Commissioner of
the Immigration and Naturalization Service to increase the number of
investigators and support personnel to investigate visa overstayers by
a number equivalent to 300 full-time active-duty investigators in
fiscal year 1996.
SEC. 105. INCREASED PERSONNEL LEVELS FOR THE LABOR DEPARTMENT.
(a) Investigators.--The Secretary of Labor, in consultation with
the Attorney General, is authorized to hire in the Wage and Hour
Division of the Department of Labor for fiscal years 1996 and 1997 not
more than 350 investigators and staff to enforce existing legal
sanctions against employers who violate current Federal wage and hour
laws except that not more than 150 of the number of investigators
authorized in this subparagraph shall be designated for the purpose of
carrying out the responsibilities of the Secretary of Labor to conduct
investigations, pursuant to a complaint or based on receipt of credible
material information, where there is reasonable cause to believe that
an employer has made a misrepresentation of a material fact on a labor
certification application under section 212(a)(5) of the Immigration
and Nationality Act or has failed to comply with the terms and
conditions of such an application.
(b) Assignment of Additional Personnel.--Individuals employed to
fill the additional positions described in subsection (a) shall be
assigned to investigate violations of wage and hour laws in areas where
the Attorney General has notified the Secretary of Labor that there are
high concentrations of aliens present in the United States in violation
of law.
(c) Preference for Bilingual Wage and Hour Inspectors.--In hiring
new wage and our inspectors pursuant to this section, the Secretary of
Labor shall give priority to the employment of multilingual candidates
who are proficient in both English and such other language or languages
as may be spoken in the region in which such inspectors are likely to
be deployed.
SEC. 106. INCREASE IN INS DETENTION FACILITIES.
Subject to the availability of appropriations, the Attorney General
shall provide for an increase in the detention facilities of the
Immigration and Naturalization Service to at least 9,000 beds before
the end of fiscal year 1997.
SEC. 107. HIRING AND TRAINING STANDARDS.
(a) Review of Hiring Standards.--Within 60 days of the enactment of
this title, the Attorney General shall review all prescreening and
hiring standards to be utilized by the Immigration and Naturalization
Service to increase personnel pursuant to this title and, where
necessary, revise those standards to ensure that they are consistent
with relevant standards of professionalism.
(b) Certification.--At the conclusion of each of the fiscal years
1996, 1997, 1998, 1999, and 2000, the Attorney General shall certify in
writing to the Congress that all personnel hired pursuant to this title
for the previous fiscal year were hired pursuant to the appropriate
standards.
(c) Review of Training Standards.--(1) Within 180 days of the date
of the enactment of this Act, the Attorney General shall review the
sufficiency of all training standards to be utilized by the Immigration
and Naturalization Service in training all personnel hired pursuant to
this title.
(2)(A) The Attorney General shall submit a report to the Congress
on the results of the review conducted under paragraph (1), including--
(i) a description of the status of ongoing efforts to
update and improve training throughout the Immigration and
Naturalization Service, and
(ii) a statement of a timeframe for the completion of those
efforts.
(B) In addition, the report shall disclose those areas of training
that the Attorney General determines require additional or ongoing
review in the future.
SEC. 108. CONSTRUCTION OF PHYSICAL BARRIERS, DEPLOYMENT OF TECHNOLOGY
AND IMPROVEMENTS TO ROADS IN THE BORDER AREA NEAR SAN
DIEGO, CALIFORNIA.
There are authorized to be appropriated funds of $12,000,000 for
the construction, expansion, improvement or deployment of triple-
fencing in addition to that currently under construction, where such
triple-fencing is determined by the Immigration and Naturalization
Service (INS) to be safe and effective, and in addition, bollard style
concrete columns, all weather roads, low light television systems,
lighting, sensors and other technologies along the international land
border between the United States and Mexico south of San Diego,
California, for the purpose of detecting and deterring unlawful entry
across the border. Amounts appropriated under this section are
authorized to remain available until expended. The INS, while
constructing the additional fencing, shall incorporate the necessary
safety features into the design of the fence system to insure the well-
being of Border Patrol agents deployed within or in near proximity to
these additional barriers.
SEC. 109. PRESERVE LAW ENFORCEMENT FUNCTIONS AND CAPABILITIES IN
INTERIOR STATES.
The Immigration and Naturalization Service shall, when deploying
Border Patrol personnel from interior stations, coordinate with and act
in conjunction with State and local law enforcement agencies to ensure
that such redeployment does not degrade or compromise the law
enforcement capabilities and functions currently performed at interior
Border Patrol stations.
PART 2--VERIFICATION OF ELIGIBILITY TO WORK AND TO RECEIVE PUBLIC
ASSISTANCE
Subpart A--Development of New Verification System
SEC. 111. ESTABLISHMENT OF NEW SYSTEM.
(a) In General.--(1) Not later than three years after the date of
enactment of this Act or, within one year after the end of the last
renewed or additional demonstration project (if any) conducted pursuant
to the exception in section 112(a)(4), whichever is later, the
President shall--
(A) develop and recommend to the Congress a plan for the
establishment of a data system or alternative system (in this
part referred to as the ``system''), subject to subsections (b)
and (c), to verify eligibility for employment in the United
States, and immigration status in the United States for
purposes of eligibility for benefits under public assistance
programs (as defined in section 201(f)(3) or government
benefits described in section 201(f)(4));
(B) submit to the Congress a report setting forth--
(i) a description of such recommended plan;
(ii) data on and analyses of the alternatives
considered in developing the plan described in
subparagraph (A), including analyses of data from the
demonstration projects conducted pursuant to section
112; and
(iii) data on and analysis of the system described
in subparagraph (A), including estimates of--
(I) the proposed use of the system, on an
industry-sector by industry-sector basis;
(II) the public assistance programs and
government benefits for which use of the system
is cost-effective and otherwise appropriate;
(III) the cost of the system;
(IV) the financial and administrative cost
to employers;
(V) the reduction of undocumented workers
in the United States labor force resulting from
the system;
(VI) any unlawful discrimination caused by
or facilitated by use of the system;
(VII) any privacy intrusions caused by
misuse or abuse of system;
(VIII) the accuracy rate of the system; and
(IX) the overall costs and benefits that
would result from implementation of the system.
(2) The plan described in paragraph (1) shall take effect on the
date of enactment of a bill or joint resolution approving the plan.
(b) Objectives.--The plan described in subsection (a)(1) shall have
the following objectives:
(1) To substantially reduce illegal immigration and
unauthorized employment of aliens.
(2) To increase employer compliance, especially in industry
sectors known to employ undocumented workers, with laws
governing employment of aliens.
(3) To protect individuals from national origin or
citizenship-based unlawful discrimination and from loss of
privacy caused by use, misuse, or abuse of personal
information.
(4) To minimize the burden on business of verification of
eligibility for employment in the United States, including the
cost of the system to employers.
(5) To ensure that those who are ineligible for public
assistance or other government benefits are denied or
terminated, and that those eligible for public assistance or
other government benefits shall--
(A) be provided a reasonable opportunity to submit
evidence indicating a satisfactory immigration status;
and
(B) not have eligibility for public assistance or
other government benefits denied, reduced, terminated,
or unreasonably delayed on the basis of the
individual's immigration status until such a reasonable
opportunity has been provided.
(c) System Requirements.--(1) A verification system may not be
implemented under this section unless the system meets the following
requirements:
(A) The system must be capable of reliably determining with
respect to an individual whether--
(i) the person with the identity claimed by the
individual is authorized to work in the United States
or has the immigration status being claimed; and
(ii) the individual is claiming the identity of
another person.
(B) Any document required by the system must be presented
to or examined by either an employer or an administrator of
public assistance or other government benefits, as the case may
be, and--
(i) must be in a form that is resistant to
counterfeiting and to tampering; and
(ii) must not be required by any Government entity
or agency as a national identification card or to be
carried or presented except--
(I) to verify eligibility for employment in
the United States or immigration status in the
United States for purposes of eligibility for
benefits under public assistance programs (as
defined in section 201(f)(3) or government
benefits described in section 201(f)(4));
(II) to enforce the Immigration and
Nationality Act or sections 911, 1001, 1028,
1542, 1546, or 1621 of title 18, United States
Code; or
(III) if the document was designed for
another purposes (such as a license to drive a
motor vehicle, a certificate of birth, or a
social security account number card issued by
the Administration), as required under law for
such other purpose.
(C) The system must not be used for law enforcement
purposes other than the purposes described in subparagraph (B).
(D) The system must ensure that information is complete,
accurate, verifiable, and timely. Corrections or additions to
the system records of an individual provided by the individual,
the Administration, or the Service, or other relevant Federal
agency, must be checked for accuracy, processed, and entered
into the system within 10 business days after the agency's
acquisition of the correction or additional information.
(E)(i) Any personal information obtained in connection with
a demonstration project under section 112 must not be made
available to Government agencies, employers, or other persons
except to the extent necessary--
(I) to verify, by an individual who is authorized
to conduct the employment verification process, that an
employee is not an unauthorized alien (as defined in
section 274A(h)(3) of the Immigration and Nationality
Act (8 U.S.C. 1324a(h)(3));
(II) to take other action required to carry out
section 112;
(III) to enforce the Immigration and Nationality
Act or section 911, 1001, 1028, 1542, 1546, or 1621 of
title 18, United States Code; or
(IV) to verify the individual's immigration status
for purposes of determining eligibility for Federal
benefits under public assistance programs (defined in
section 201(f)(3) or government benefits described in
section 201(f)(4)).
(ii) In order to ensure the integrity, confidentiality, and
security of system information, the system and those who use
the system must maintain appropriate administrative, technical,
and physical safeguards, such as--
(I) safeguards to prevent unauthorized disclosure
of personal information, including passwords,
cryptography, and other technologies;
(II) audit trails to monitor system use; or
(III) procedures giving an individual the right to
request records containing personal information about
the individual held by agencies and used in the system,
for the purpose of examination, copying, correction, or
amendment, and a method that ensures notice to
individuals of these procedures.
(F) A verification that a person is eligible for employment
in the United States may not be withheld or revoked under the
system for any reasons other than a determination pursuant to
section 274A of the Immigration and Nationality Act.
(G) The system must be capable of accurately verifying
electronically within 5 business days, whether a person has the
required immigration status in the United States and is legally
authorized for employment in the United States in a substantial
percentage of cases (with the objective of not less than 99
percent).
(H) There must be reasonable safeguards against the
system's resulting in unlawful discriminatory practices based
on national origin or citizenship status, including--
(i) the selective or unauthorized use of the system
to verify eligibility;
(ii) the use of the system prior to an offer of
employment;
(iii) the exclusion of certain individuals from
consideration for employment as a result of a perceived
likelihood that additional verification will be
required, beyond what is required for most job
applicants; or
(iv) denial reduction, termination, or unreasonable
delay of public assistance to an individual as a result
of the perceived likelihood that such additional
verification will be required.
(2) As used in this subsection, the term ``business day'' means any
day other than Saturday, Sunday, or any day on which the appropriate
Federal agency is closed.
(d) Remedies and Penalties for Unlawful Disclosure.--
(1) Civil remedies.--
(A) Right of informational privacy.--The Congress
declares that any person who provides to an employer
the information required by this section or section
274A of the Immigration and Nationality Act (8 U.S.C.
1324a) has a privacy expectation that the information
will only be used for compliance with this Act or other
applicable Federal, State, or local law.
(B) Civil actions.--A employer, or other person or
entity, who knowingly and willfully discloses the
information that an employee is required to provide by
this section or section 274A of the Immigration and
Nationality Act (8 U.S.C. 1324a) for any purpose not
authorized by this Act or other applicable Federal,
State, or local law shall be liable to the employee for
actual damages. An action may be brought in any
Federal, State, or local court having jurisdiction over
the matter.
(2) Criminal penalties.--Any employer, or other person or
entity, who willfully and knowingly obtains, uses, or discloses
information required pursuant to this section or section 274A
of the Immigration and Nationality Act (8 U.S.C. 1324a) for any
purpose not authorized by this Act or other applicable Federal,
State, or local law shall be found guilty of a misdemeanor and
fined not more than $5,000.
(3) Privacy act.--
(A) In general.--Any person who is a United States
citizen, United States national, lawful permanent
resident, or other employment-authorized alien, and who
is subject to verification of work authorization or
lawful presence in the United States for purposes of
benefits eligibility under this section or section 112,
shall be considered an individual under section
552(a)(2) of title 5, United States Code, with respect
to records covered by this section.
(B) Definition.--For purposes of this paragraph,
the term ``record'' means an item, collection, or
grouping of information about an individual which--
(i) is created, maintained, or used by a
Federal agency for the purpose of determining--
(I) the individual's authorization
to work; or
(II) immigration status in the
United States for purposes of
eligibility to receive Federal, State
or local benefits in the United States;
and
(ii) contains the individuals's name or
identifying number, symbol, or any other
identifier assigned to the individual.
(e) Employer Safeguards.--An employer shall not be liable for any
penalty under section 274A of the Immigration and Nationality Act for
employing an unauthorized alien, if--
(1) the alien appeared throughout the term of employment to
be prima facie eligible for the employment under the
requirements of section 274A(b) of such Act;
(2) the employer followed all procedures required in the
system; and
(3)(A) the alien was verified under the system as eligible
for the employment; or
(B) the employer discharged the alien within a reasonable
period after receiving notice that the final verification
procedure had failed to verify that the alien was eligible for
the employment.
(f) Restriction on Use of Documents.--If the Attorney General
determines that any document described in section 274A(b)(1) of the
Immigration and Nationality Act as establishing employment
authorization or identity does not reliably establish such
authorization or identity or, to an unacceptable degree, is being used
fraudulently or is being requested for purposes not authorized by this
Act, the Attorney General may, by regulation, prohibit or place
conditions on the use of the document for purposes of the system or the
verification system established in section 274A(b) of the Immigration
and Nationality Act.
(g) Protection From Liability for Actions Taken on the Basis of
Information Provided by the Verification System.--No person shall be
civilly or criminally liable under section 274A of the Immigration and
Nationality Act for any action adverse to an individual if such action
was taken in good faith reliance on information relating to such
individual provided through the system (including any demonstration
project conducted under section 112).
(h) Statutory Construction.--The provisions of this section
supersede the provisions of section 274A of the Immigration and
Nationality Act to the extent of any inconsistency therewith.
SEC. 112. DEMONSTRATION PROJECTS.
(a) Authority.--
(1) In general.--(A)(i) Subject to clause (ii) and (iv),
the President, acting through the Attorney General, shall begin
conducting several local or regional projects, and a project in
the legislative branch of the Federal Government, to
demonstrate the feasibility of alternative systems for
verifying eligibility for employment in the United States, and
immigration status in the United States for purposes of
eligibility for benefits under public assistance programs (as
defined in section 201(f)(3) and government benefits described
in section 201(f)(4)).
(ii) Each project under this section shall be consistent
with the objectives of section 111(b) and this section and
shall be conducted in accordance with an agreement entered into
with the State, locality, employer, other entity, or the
legislative branch of the Federal Government, as the case may
be.
(iii) In determining which State(s), localities, employers,
or other entities shall be designated for such projects, the
Attorney General shall take into account the estimated number
of excludable aliens and deportable aliens in each State or
locality.
(iv) At a minimum, at least one project of the kind
described in paragraph (2)(E), at least one project of the kind
described in paragraph (2)(F), and at least one project of the
kind described in paragraph (2)(G), shall be conducted.
(B) For purposes of this paragraph, the term ``legislative
branch of the Federal Government'' includes all offices
described in section 101(9) of the Congressional Accountability
Act of 1995 (2 U.S.C. 1301(9)) and all agencies of the
legislative branch of Government.
(2) Description of projects.--Demonstration projects
conducted under this subsection may include, but are not
limited to--
(A) a system which allows employers to verify the
eligibility for employment of new employees using
Administration records and, if necessary, to conduct a
cross-check using Service records;
(B) a simulated linkage of the electronic records
of the Service and the Administration to test the
technical feasibility of establishing a linkage between
the actual electronic records of the Service and the
Administration;
(C) improvements and additions to the electronic
records of the Service and the Administration for the
purpose of using such records for verification of
employment eligibility;
(D) a system which allows employers to verify the
continued eligibility for employment of employees with
temporary work authorization;
(E) a system that requires employers to verify the
validity of employee social security account numbers
through a telephone call, and to verify employee
identity through a United States passport, a State
driver's license or identification document, or a
document issued by the Service for purposes of this
clause;
(F) a system which is based on State-issued
driver's licenses and identification cards that include
a machine readable social security account number and
are resistant to tampering and counterfeiting; and
(G) a system that requires employers to verify with
the Service the immigration status of every employee
except one who has attested that he or she is a United
States citizen or national.
(3) Commencement date.--The first demonstration project
under this section shall commence not later than six months
after the date of the enactment of this Act.
(4) Termination date.--The authority of paragraph (1) shall
cease to be effective four years after the date of enactment of
this Act, except that, if the President determines that any one
or more of the projects conducted pursuant to paragraph (2)
should be renewed, or one or more additional projects should be
conducted before a plan is recommended under section
111(a)(1)(A), the President may conduct such project or
projects for up to an additional three-year period, without
regard to section 274A(d)(4)(A) of the Immigration and
Nationality Act.
(b) Objectives.--The objectives of the demonstration projects
conducted under this section are--
(1) to assist the Attorney General in measuring the
benefits and costs of systems for verifying eligibility for
employment in the United States, and immigration status in the
United States for purposes of eligibility for benefits under
public assistance programs defined in section 201(f)(3) and for
government benefits described in section 201(f)(4);
(2) to assist the Service and the Administration in
determining the accuracy of Service and Administration data
that may be used in such systems; and
(3) to provide the Attorney General with information
necessary to make determinations regarding the likely effects
of the tested systems on employers, employees, and other
individuals, including information on--
(A) losses of employment to individuals as a result
of inaccurate information in the system;
(B) unlawful discrimination;
(C) privacy violations;
(D) cost to individual employers, including the
cost per employee and the total cost as a percentage of
the employers payroll; and
(E) timeliness of initial and final verification
determinations.
(c) Congressional Consultation.--(1) Not later than 12 months after
the date of the enactment of this Act, and annually thereafter, the
Attorney General or the Attorney General's representatives shall
consult with the Committees on the Judiciary of the House of
Representatives and the Senate regarding the demonstration projects
being conducted under this section.
(2) The Attorney General or her representative, in fulfilling the
obligations described in paragraph (1), shall submit to the Congress
the estimated cost to employers of each demonstration project,
including the system's indirect and administrative costs to employers.
(d) Implementation.--In carrying out the projects described in
subsection (a), the Attorney General shall--
(1) support and, to the extent possible, facilitate the
efforts of Federal and State government agencies in
developing--
(A) tamper- and counterfeit-resistant documents
that may be used in a new verification system,
including drivers' licenses or similar documents issued
by a State for the purpose of identification, the
social security account number card issued by the
Administration, and certificates of birth in the United
States or establishing United States nationality at
birth; and
(B) recordkeeping systems that would reduce the
fraudulent obtaining of such documents, including a
nationwide system to match birth and death records;
(2) require appropriate notice to prospective employees
concerning employers' participation in a demonstration project,
which notice shall contain information on filing complaints
regarding misuse of information or unlawful discrimination by
employers participating in the demonstration; and
(3) require employers to establish procedures developed by
the Attorney General--
(A) to safeguard all personal information from
unauthorized disclosure and to condition release of
such information to any person or entity upon the
person's or entity's agreement to safeguard such
information; and
(B) to provide notice to all new employees and
applicants for employment of the right to request an
agency to review, correct, or amend the employee's or
applicant's record and the steps to follow to make such
a request.
(e) Report of Attorney General.--Not later than 60 days before the
expiration of the authority for subsection (a)(1), the Attorney General
shall submit to the Congress a report containing an evaluation of each
of the demonstration projects conducted under this section, including
the findings made by the Comptroller General under section 113.
(f) System Requirements.--
(1) In general.--Demonstration projects conducted under
this section shall substantially meet the criteria in section
111(c)(1), except that with respect to the criteria in
subparagraphs (D) and (G) of section 111(c)(1), such projects
are required only to be likely to substantially meet the
criteria, as determined by the Attorney General.
(2) Superseding effect.--(A) If the Attorney General
determines that any demonstration project conducted under this
section substantially meets the criteria in section 111(c)(1),
other than the criteria in subparagraphs (D) and (G) of that
section, and meets the criteria in such subparagraphs (D) and
(G) to a sufficient degree, the requirements for participants
in such project shall apply during the remaining period of its
operation in lieu of the procedures required under section
274A(b) of the Immigration and Nationality Act. Section 274B of
such Act shall remain fully applicable to the participants in
the project.
(B) If the Attorney General makes the determination
referred to in subparagraph (A), the Attorney General may
require other, or all, employers in the geographical area
covered by such project to participate in it during the
remaining period of its operation.
(C) The Attorney General may not require any employer to
participate in such a project, except as provided in
subparagraph (B).
(g) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
(h) Statutory Construction.--The provisions of this section
supersede the provisions of section 274A of the Immigration and
Nationality Act to the extent of any inconsistency therewith.
(i) Definition of Regional Project.--For purposes of this section,
the term ``regional project'' means a project conducted in a
geographical area which includes more than a single locality but which
is smaller than an entire State.
SEC. 113. COMPTROLLER GENERAL MONITORING AND REPORTS.
(a) In General.--The Comptroller General of the United States shall
track, monitor, and evaluate the compliance of each demonstration
project with the objectives of sections 111 and 112, and shall verify
the results of the demonstration projects.
(b) Responsibilities.--
(1) Collection of information.--The Comptroller General of
the United States shall collect and consider information on
each requirement described in section 111(a)(1)(C).
(2) Tracking and recording of practices.--The Comptroller
General shall track and record unlawful discriminatory
employment practices, if any, resulting from the use or
disclosure of information pursuant to a demonstration project
or implementation of the system, using such methods as--
(A) the collection and analysis of data;
(B) the use of hiring audits; and
(C) use of computer audits, including the
comparison of such audits with hiring records.
(3) Maintenance of data.--The Comptroller General shall
also maintain data on unlawful discriminatory practices
occurring among a representative sample of employers who are
not participants in any project under this section to serve as
a baseline for comparison with similar data obtained from
employers who are participants in projects under this section.
(c) Reports.--
(1) Demonstration projects.--Beginning 12 months after the
date of the enactment of this Act, and annually thereafter, the
Comptroller General of the United States shall submit a report
to the Committees on the Judiciary of the House of
Representatives and the Senate setting forth evaluations of--
(A) the extent to which each demonstration project
is meeting each of the requirements of section 111(c);
and
(B) the Comptroller General's preliminary findings
made under this section.
(2) Verification system.--Not later than 60 days after the
submission to the Congress of the plan under section 111(a)(2),
the Comptroller General of the United States shall submit a
report to the Congress setting forth an evaluation of--
(A) the extent to which the proposed system, if
any, meets each of the requirements of section 111(c);
and
(B) the Comptroller General's findings made under
this section.
SEC. 114. GENERAL NONPREEMPTION OF EXISTING RIGHTS AND REMEDIES.
Nothing in this subpart may be construed to deny, impair, or
otherwise adversely affect any right or remedy available under Federal,
State, or local law to any person on or after the date of the enactment
of this Act except to the extent the right or remedy is inconsistent
with any provision of this part.
SEC. 115. DEFINITIONS.
For purposes of this subpart--
(1) Administration.-- The term ``Administration'' means the
Social Security Administration.
(2) Employment authorized alien.--The term ``employment
authorized alien'' means an alien who has been provided with an
``employment authorized'' endorsement by the Attorney General
or other appropriate work permit in accordance with the
Immigration and Nationality Act.
(3) Service.--The term ``Service'' means the Immigration
and Naturalization Service.
Subpart B--Strengthening Existing Verification Procedures
SEC. 116. CHANGES IN LIST OF ACCEPTABLE EMPLOYMENT-VERIFICATION
DOCUMENTS.
(a) Authority To Require Social Security Account Numbers.--Section
274A (8 U.S.C. 1324a) is amended by adding at the end of subsection
(b)(2) the following new sentence: ``The Attorney General is authorized
to require an individual to provide on the form described in paragraph
(1)(A) the individual's social security account number for purposes of
complying with this section.''.
(b) Changes in Acceptable Documentation for Employment
Authorization and Identity.--
(1) Reduction in number of acceptable employment-
verification documents.--Section 274A(b)(1) (8 U.S.C.
1324a(b)(1)) is amended--
(A) in subparagraph (B)--
(i) by striking clauses (ii), (iii), and
(iv);
(ii) by redesignating clause (v) as clause
(ii);
(iii) in clause (i), by adding at the end
``or'';
(iv) in clause (ii) (as redesignated), by
amending the text preceding subclause (I) to
read as follows:
``(ii) resident alien card, alien
registration card, or other document designated
by regulation by the Attorney General, if the
document--''; and
(v) in clause (ii) (as redesignated)--
(I) by striking ``and'' at the end
of subclause (I);
(II) by striking the period at the
end of subclause (II) and inserting ``,
and''; and
(III) by adding at the end the
following new subclause:
``(III) contains appropriate
security features.''; and
(B) in subparagraph (C)--
(i) by inserting ``or'' after the
``semicolon'' at the end of clause (i);
(ii) by striking clause (ii); and
(iii) by redesignating clause (iii) as
clause (ii).
(2) Authority to prohibit use of certain documents.--If the
Attorney General finds, by regulation, that any document
described in section 274A(b)(1) of the Immigration and
Nationality Act (8 U.S.C. 1324a(b)(1)) as establishing
employment authorization or identity does not reliably
establish such authorization or identity or is being used
fraudulently to an unacceptable degree, the Attorney General
may prohibit or place conditions on its use for purposes of the
verification system established in section 274A(b) of the
Immigration and Nationality Act under section 111 of this Act.
(c) Effective Date.--The amendments made by subsections (a) and
(b)(1) shall apply with respect to hiring (or recruiting or referring)
occurring on or after such date as the Attorney General shall designate
(but not later than 180 days after the date of the enactment of this
Act).
SEC. 117. TREATMENT OF CERTAIN DOCUMENTARY PRACTICES AS UNFAIR
IMMIGRATION-RELATED EMPLOYMENT PRACTICES
Section 274B(a)(6) (8 U.S.C. 1324b(a)(6)) is amended--
(1) by striking ``For purposes of paragraph (1), a'' and
inserting ``A''; and
(2) by striking ``relating to the hiring of individuals''
and inserting the following: ``if made for the purpose or with
the intent of discriminating against an individual in violation
of paragraph (1)''.
SEC. 118. IMPROVEMENTS IN IDENTIFICATION-RELATED DOCUMENTS.
(a) Birth Certificates.--
(1) Limitation on acceptance.--(A) No Federal agency,
including but not limited to the Social Security Administration
and the Department of State, and no State agency that issues
driver's licenses or identification documents, may accept for
any official purpose a copy of a birth certificate, as defined
in paragraph (5), unless it is issued by a State or local
authorized custodian of record and it conforms to standards
described in subparagraph (B).
(B) The standards described in this subparagraph are those
set forth in regulations promulgated by the Federal agency
designated by the President, after consultation with such other
Federal agencies as the President shall designate and with
State vital statistics offices, and shall--
(i) include but not be limited to--
(I) certification by the agency issuing the
birth certificate, and
(II) use of safety paper, the seal of the
issuing agency, and other features designed to
limit tampering, counterfeiting, and
photocopying, or otherwise duplicating, for
fraudulent purposes,
(ii) not require a single design to which the
official birth certificate copies issued by each State
must conform; and
(iii) accommodate the differences between the
States in the manner and form in which birth records
are stored and in how birth certificate copies are
produced from such records.
(2) Limitation on issuance.--(A) If one or more of the
conditions described in subparagraph (B) is present, no State
or local government agency may issue an official copy of a
birth certificate pertaining to an individual unless the copy
prominently notes that such individual is deceased.
(B) The conditions described in this subparagraph include--
(i) the presence on the original birth certificate
of a notation that the individual is deceased, or
(ii) actual knowledge by the issuing agency that
the individual is deceased obtained through information
provided by the Social Security Administration, by an
interstate system of birth-death matching, or
otherwise.
(3) Grants to states.--(A)(i) The Secretary of Health and
Human Services, in consultation with other agencies designated
by the President, shall establish a fund, administered through
the National Center for Health Statistics, to provide grants to
the States to encourage them to develop the capability to match
birth and death records, within each State and among the
States, and to note the fact of death on the birth certificates
of deceased persons. In developing the capability described in
the preceding sentence, States shall focus first on persons who
were born after 1950.
(ii) Such grants shall be provided in proportion to
population and in an amount needed to provide a substantial
incentive for the States to develop such capability.
(B) The Secretary of Health and Human Services shall
establish a fund, administered through the National Center for
Health Statistics, to provide grants to the States for a
project in each of 5 States to demonstrate the feasibility of a
system by which each such State's office of vital statistics
would be provided, within 24 hours, sufficient information to
establish the fact of death of every individual dying in such
State.
(C) There are authorized to be appropriated to the
Department of Health and Human Services such amounts as may be
necessary to provide the grants described in subparagraphs (A)
and (B).
(4) Report.--(A) Not later than one year after the date of
the enactment of this Act, the Secretary of Health and Human
Services shall submit a report to the Congress on ways to
reduce the fraudulent obtaining and the fraudulent use of birth
certificates, including any such use to obtain a social
security account number or a State or Federal document related
to identification or immigration.
(B) Not later than one year after the date of enactment of
this Act, the agency designated by the President in paragraph
(1)(B) shall submit a report setting forth, and explaining, the
regulations described in such paragraph.
(C) There are authorized to be appropriated to the
Department of Health and Human Services such amounts as may be
necessary for the preparation of the report described in
subparagraph (A).
(5) Certificate of birth.--As used in this section, the
term ``birth certificate'' means a certificate of birth of--
(A) a person born in the United States, or
(B) a person born abroad who is a citizen or
national of the United States at birth, whose birth is
registered in the United States.
(6) Effective dates.--
(A) Except as otherwise provided in subparagraph
(B) and in paragraph (4), this subsection shall take
effect two years after the enactment of this Act.
(B) Paragraph (1)(A) shall take effect two years
after the submission of the report described in
paragraph (4)(B).
(b) State-Issued Drivers Licenses.--
(1) Social security account number.--Each State-issued
driver's license and identification document shall contain a
social security account number, except that this paragraph
shall not apply if the document or license is issued by a State
that requires, pursuant to a statute, regulation, or
administrative policy which was, respectively, enacted,
promulgated, or implemented, prior to the date of enactment of
this Act, that--
(A) every applicant for such license or document
submit the number, and
(B) an agency of such State verify with the Social
Security Administration that the number is valid and is
not a number assigned for use by persons without
authority to work in the United States, but not that
the number appears on the card.
(2) Application process.--The application process for a
State driver's license or identification document shall include
the presentation of such evidence of identity as is required by
regulations promulgated by the Secretary of Transportation,
after consultation with the American Association of Motor
Vehicle Administrators.
(3) Form of license and identification document.--Each
State driver's license and identification document shall be in
a form consistent with requirements set forth in regulations
promulgated by the Secretary of Transportation, after
consultation with the American Association of Motor Vehicle
Administrators. Such form shall contain security features
designed to limit tampering, counterfeiting, and use by
impostors.
(4) Limitation on acceptance of license and identification
document.--Neither the Social Security Administration or the
Passport Office or any other Federal agency or any State or
local government agency may accept for any evidentiary purpose
a State driver's license or identification document in a form
other than the form described in paragraph (3).
(5) Effective dates.--
(A) Except as otherwise provided in subparagraph
(B) or (C), this subsection shall take effect on
October 1, 2000.
(B)(i) With respect to driver's licenses or
identification documents issued by States that issue
such licenses or documents for a period of validity of
six years or less, paragraphs (1) and (3) shall apply
beginning on October 1, 2000, but only to licenses or
documents issued to an individual for the first time
and to replacement or renewal licenses issued according
to State law.
(ii) With respect to driver's licenses or
identification documents issued in States that issue
such licenses or documents for a period of validity of
more than six years, paragraphs (1) and (3) shall
apply--
(I) during the period of October 1, 2000
through September 30, 2006, only to licenses or
documents issued to an individual for the first
time and to replacement or renewal licenses
issued according to State law, and
(II) beginning on October 1, 2006, to all
driver's licenses or identification documents
issued by such States.
(C) Paragraph (4) shall take effect on October 1,
2006.
SEC. 119. ENHANCED CIVIL PENALTIES IF LABOR STANDARDS VIOLATIONS ARE
PRESENT.
(a) In General.--Section 274A(e) (8 U.S.C. 1324a(e)) is amended by
adding at the end the following:
``(10)(A) The administrative law judge shall have the
authority to require payment of a civil money penalty in an
amount up to two times the amount of the penalty prescribed by
this subsection in any case in which the employer has been
found to have committed a willful violation or repeated
violations of any of the following statutes:
``(i) The Fair Labor Standards Act (29 U.S.C. 201
et seq.) pursuant to a final determination by the
Secretary of Labor or a court of competent
jurisdiction.
``(ii) The Migrant and Seasonal Agricultural Worker
Protection Act (29 U.S.C. 1801 et seq.) pursuant to a
final determination by the Secretary of Labor or a
court of competent jurisdiction.
``(iii) The Family and Medical Leave Act (29 U.S.C.
2601 et seq.) pursuant to a final determination by the
Secretary of Labor or a court of competent
jurisdiction.
``(B) The Secretary of Labor and the Attorney General shall
consult regarding the administration of this paragraph.''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to offenses occurring on or after the date of the
enactment of this Act.
SEC. 120. INCREASED NUMBER OF ASSISTANT UNITED STATES ATTORNEYS TO
PROSECUTE CASES OF UNLAWFUL EMPLOYMENT OF ALIENS OR
DOCUMENT FRAUD.
The Attorney General is authorized to hire for fiscal years 1996
and 1997 such additional Assistant United States Attorneys as may be
necessary for the prosecution of actions brought under sections 274A
and 274C of the Immigration and Nationality Act and sections 911, 1001,
1015 through 1018, 1028, 1030, 1541 through 1544, 1546, and 1621 of
title 18, United States Code. Each such additional attorney shall be
used primarily for such prosecutions.
SEC. 120A. SUBPOENA AUTHORITY FOR CASES OF UNLAWFUL EMPLOYMENT OF
ALIENS OR DOCUMENT FRAUD.
(a) Immigration Officer Authority.--
(1) Unlawful employment.--Section 274A(e)(2) (8 U.S.C.
1324a(e)(1)) is amended--
(A) by striking ``and'' at the end of subparagraph
(A);
(B) by striking the period at the end of
subparagraph (B) and inserting ``, and''; and
(C) by inserting after subparagraph (B) the
following new subparagraph:
``(C) immigration officers designated by the
Commissioner may compel by subpoena the attendance of
witnesses and the production of evidence at any
designated place prior to the filing of a complaint in
a case under paragraph (2).''.
(2) Document fraud.--Section 274C(d)(1) (8 U.S.C.
1324c(d)(1)) is amended--
(A) by striking ``and'' at the end of subparagraph
(A);
(B) by striking the period at the end of
subparagraph (B) and inserting ``, and''; and
(C) by inserting after subparagraph (B) the
following new subparagraph:
``(C) immigration officers designated by the
Commissioner may compel by subpoena the attendance of
witnesses and the production of evidence at any
designated place prior to the filing of a complaint in
a case under paragraph (2).''.
(b) Secretary of Labor Subpoena Authority.--
(1) In general.--Chapter 9 of title II of the Immigration
and Nationality Act is amended by adding at the end the
following new section:
``secretary of labor subpoena authority
``Sec. 294. The Secretary of Labor may issue subpoenas requiring
the attendance and testimony of witnesses or the production of any
records, books, papers, or documents in connection with any
investigation or hearing conducted in the enforcement of any
immigration program for which the Secretary of Labor has been delegated
enforcement authority under the Act. In such hearing, the Secretary of
Labor may administer oaths, examine witnesses, and receive evidence.
For the purpose of any such hearing or investigation, the authority
contained in sections 9 and 10 of the Federal Trade Commission Act (15
U.S.C. 49, 50), relating to the attendance of witnesses and the
production of books, papers, and documents, shall be available to the
Secretary of Labor.''.
(2) Conforming amendment.--The table of contents of the
Immigration and Nationality Act is amended by inserting after
the item relating to section 293 the following new item:
``Sec. 294. Secretary of Labor subpoena authority.''.
SEC. 120B. TASK FORCE TO IMPROVE PUBLIC EDUCATION REGARDING UNLAWFUL
EMPLOYMENT OF ALIENS AND UNFAIR IMMIGRATION-RELATED
EMPLOYMENT PRACTICES.
(a) Establishment.--The Attorney General shall establish a task
force within the Department of Justice charged with the responsibility
of--
(1) providing advice and guidance to employers and
employees relating to unlawful employment of aliens under
section 274A of the Immigration and Nationality Act and unfair
immigration-related employment practices under 274B of such
Act; and
(2) assisting employers in complying with those laws.
(b) Composition.--The members of the task force shall be designated
by the Attorney General from among officers or employees of the
Immigration and Naturalization Service or other components of the
Department of Justice.
(c) Annual Report.--The task force shall report annually to the
Attorney General on its operations.
SEC. 120C. NATIONWIDE FINGERPRINTING OF APPREHENDED ALIENS.
There are authorized to be appropriated such additional sums as may
be necessary to ensure that the program ``IDENT'', operated by the
Immigration and Naturalization Service pursuant to section 130007 of
Public Law 103-322, shall be expanded into a nationwide program.
SEC. 120D. APPLICATION OF VERIFICATION PROCEDURES TO STATE AGENCY
REFERRALS OF EMPLOYMENT.
Section 274A(a) (8 U.S.C. 1324a(a)) is amended by adding at the end
the following new paragraph:
``(6) State agency referrals.--A State employment agency
that refers any individual for employment shall comply with the
procedures specified in subsection (b). For purposes of the
attestation requirement in subsection (b)(1), the agency
employee who is primarily involved in the referral of the
individual shall make the attestation on behalf of the
agency.''.
SEC. 120E. RETENTION OF VERIFICATION FORM.
Section 274A(b)(3) (8 U.S.C. 1324a(b)(3)) is amended by inserting
after ``must retain the form'' the following: ``(except in any case of
disaster, act of God, or other event beyond the control of the person
or entity)''.
PART 3--ALIEN SMUGGLING; DOCUMENT FRAUD
SEC. 121. WIRETAP AUTHORITY FOR INVESTIGATIONS OF ALIEN SMUGGLING OR
DOCUMENT FRAUD.
Section 2516(1) of title 18, United States Code, is amended--
(1) in paragraph (c), by striking ``or section 1992
(relating to wrecking trains)'' and inserting ``section 1992
(relating to wrecking trains), a felony violation of section
1028 (relating to production of false identification
documentation), section 1425 (relating to the procurement of
citizenship or nationalization unlawfully), section 1426
(relating to the reproduction of naturalization or citizenship
papers), section 1427 (relating to the sale of naturalization
or citizenship papers), section 1541 (relating to passport
issuance without authority), section 1542 (relating to false
statements in passport applications), section 1543 (relating to
forgery or false use of passports), section 1544 (relating to
misuse of passports), or section 1546 (relating to fraud and
misuse of visas, permits, and other documents)'';
(2) by striking ``or'' at the end of paragraph (l);
(3) by redesignating paragraphs (m), (n), and (o) as
paragraphs (n), (o), and (p), respectively; and
(4) by inserting after paragraph (l) the following new
paragraph:
``(m) a violation of section 274, 277, or 278 of the Immigration
and Nationality Act (8 U.S.C. 1324, 1327, or 1328) (relating to the
smuggling of aliens);''.
SEC. 122. ADDITIONAL COVERAGE IN RICO FOR OFFENSES RELATING TO ALIEN
SMUGGLING AND DOCUMENT FRAUD.
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, or
conspiracy to commit any act, in violation of--
``(i) section 1028 (relating to production of false
identification documentation), section 1425 (relating
to the procurement of citizenship or nationalization
unlawfully), section 1426 (relating to the reproduction
of naturalization or citizenship papers), section 1427
(relating to the sale of naturalization or citizenship
papers), section 1541 (relating to passport issuance
without authority), section 1542 (relating to false
statements in passport applications), section 1543
(relating to forgery or false use of passports), or
section 1544 (relating to misuse of passports) of this
title, or, for personal financial gain, section 1546
(relating to fraud and misuse of visas, permits, and
other documents) of this title; or
``(ii) section 274, 277, or 278 of the Immigration
and Nationality Act.''.
SEC. 123. INCREASED CRIMINAL PENALTIES FOR ALIEN SMUGGLING.
(a) In General.--Section 274(a) (8 U.S.C. 1324(a)) is amended--
(1) in paragraph (1)(A)--
(A) by striking ``or'' at the end of clause (iii);
(B) by striking the comma at the end of clause (iv)
and inserting ``; or''; and
(C) by adding at the end the following new clause:
``(v)(I) engages in any conspiracy to
commit any of the preceding acts, or
``(II) aids or abets the commission of any
of the preceding acts,'';
(2) in paragraph (1)(B)--
(A) in clause (i), by inserting ``or (v)(I)'' after
``(A)(i)'';
(B) in clause (ii), by striking ``or (iv)'' and
inserting ``(iv), or (v)(II)'';
(C) in clause (iii), by striking ``or (iv)'' and
inserting ``(iv), or (v)''; and
(D) in clause (iv), by striking ``or (iv)'' and
inserting ``(iv), or (v)'';
(3) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by
striking ``for each transaction constituting a
violation of this paragraph, regardless of the number
of aliens involved'' and inserting ``for each alien in
respect to whom a violation of this paragraph occurs'';
and
(B) in the matter following subparagraph (B)(iii),
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 for a first or second offense, not more than
10 years, and for a third or subsequent offense, not
more than 15 years.''; and
(4) by adding at the end the following new paragraph:
``(3) Any person who hires for employment an alien--
``(A) knowing that such alien is an unauthorized
alien (as defined in section 274A(h)(3)), and
``(B) knowing that such alien has been brought into
the United States in violation of this subsection,
shall be fined under title 18, United States Code, and shall be
imprisoned for not more than 5 years.''.
(b) Smuggling of Aliens Who Will Commit Crimes.--Section
274(a)(2)(B) (8 U.S.C. 1324(a)(2)) is amended--
(1) by striking ``or'' at the end of clause (ii);
(2) by redesignating clause (iii) as clause (iv); and
(3) by inserting after clause (ii) the following new
clause:
``(iii) an offense committed with the
intent, or with substantial 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; or''.
(c) Sentencing Guidelines.--
(1) In general.--Pursuant to its authority under section
994(p) of title 28, United States Code, the United States
Sentencing Commission shall promulgate sentencing guidelines or
amend existing sentencing guidelines for offenders convicted of
offenses related to smuggling, transporting, harboring, or
inducing aliens in violation of section 274(a) (1)(A) or (2)(B)
of the Immigration and Nationality Act (8 U.S.C. 1324(a)
(1)(A), (2)(B)) in accordance with this subsection.
(2) Requirements.--In carrying out this subsection, the
Commission shall, with respect to the offenses described in
paragraph (1)--
(A) increase the base offense level for such
offenses at least 3 offense levels above the applicable
level in effect on the date of the enactment of this
Act;
(B) review the sentencing enhancement for the
number of aliens involved (U.S.S.G. 2L1.1(b)(2)), and
increase the sentencing enhancement by at least 50
percent above the applicable enhancement in effect on
the date of the enactment of this Act;
(C) impose an appropriate sentencing enhancement
upon an offender with 1 prior felony conviction arising
out of a separate and prior prosecution for an offense
that involved the same or similar underlying conduct as
the current offense, to be applied in addition to any
sentencing enhancement that would otherwise apply
pursuant to the calculation of the defendant's criminal
history category;
(D) impose an additional appropriate sentencing
enhancement upon an offender with 2 or more prior
felony convictions arising out of separate and prior
prosecutions for offenses that involved the same or
similar underling conduct as the current offense, to be
applied in addition to any sentencing enhancement that
would otherwise apply pursuant to the calculation of
the defendant's criminal history category;
(E) impose an appropriate sentencing enhancement on
a defendant who, in the course of committing an offense
described in this subsection--
(i) murders or otherwise causes death,
bodily injury, or serious bodily injury to an
individual;
(ii) uses or brandishes a firearm or other
dangerous weapon; or
(iii) engages in conduct that consciously
or recklessly places another in serious danger
of death or serious bodily injury;
(F) consider whether a downward adjustment is
appropriate if the offense conduct involves fewer than
6 aliens or the defendant committed the offense other
than for profit; and
(G) consider whether any other aggravating or
mitigating circumstances warrant upward or downward
sentencing adjustments.
(d) Emergency Authority to Sentencing Commission.--The Commission
shall promulgate the guidelines or amendments provided for under this
section as soon as practicable in accordance with the procedure set
forth in section 21(a) of the Sentencing Act of 1987, as though the
authority under that Act had not expired.
(e) Effective Date.--This section and the amendments made by this
section shall apply with respect to offenses occurring on or after the
date of the enactment of this Act.
SEC. 124. ADMISSIBILITY OF VIDEOTAPED WITNESS TESTIMONY.
Section 274 (8 U.S.C. 1324) is amended by adding at the end thereof
the following new subsection:
``(d) Notwithstanding any provision of the Federal Rules of
Evidence, the videotaped (or otherwise audiovisually preserved)
deposition of a witness to a violation of subsection (a) who has been
deported or otherwise expelled from the United States, or is otherwise
unable to testify, may be admitted into evidence in an action brought
for that violation if the witness was available for cross examination
and the deposition otherwise complies with the Federal Rules of
Evidence.''.
SEC. 125. EXPANDED FORFEITURE FOR ALIEN SMUGGLING AND DOCUMENT FRAUD.
(a) In General.--Section 274(b) (8 U.S.C. 1324(b)) is amended--
(1) by amending paragraph (1) to read as follows:
``(1) Any property, real or personal, which facilitates or
is intended to facilitate, or has been or is being used in or
is intended to be used in the commission of, a violation of, or
conspiracy to violate, subsection (a) or section 1028, 1425,
1426, 1427, 1541, 1542, 1543, 1544, or 1546 of title 18, United
States Code, or which constitutes, or is derived from or
traceable to, the proceeds obtained directly or indirectly from
a commission of a violation of, or conspiracy to violate,
subsection (a) or section 1028, 1425, 1426, 1427, 1541, 1542,
1543, 1544, or 1546 of title 18, United States Code, 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 unlawful act;
``(B) no property shall be forfeited under 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, or in conspiracy to violate,
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 such owner
to have been committed or omitted without the knowledge
or consent of such owner, unless such act or omission
was committed by an employee or agent of such owner,
and facilitated or was intended to facilitate, the
commission of a violation of, or a conspiracy to
violate, subsection (a) or section 1028, 1425, 1426,
1427, 1541, 1542, 1543, 1544, or 1546 of title 18,
United States Code, or 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)--
(A) by 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 adding 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)).''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to offenses occurring on or after the date of the
enactment of this Act.
SEC. 126. CRIMINAL FORFEITURE FOR ALIEN SMUGGLING, UNLAWFUL EMPLOYMENT
OF ALIENS, OR DOCUMENT FRAUD.
Section 274 (8 U.S.C. 1324(b)) is amended by redesignating
subsections (c) and (d) as subsections (d) and (e) and inserting after
subsection (b) the following:
``(c) Criminal Forfeiture.--(1) Any person convicted of a violation
of, or a conspiracy to violate, subsection (a) or section 274A(a) (1)
or (2) of this Act, or section 1028, 1425, 1426, 1427, 1541, 1542,
1543, 1544, or 1546 of title 18, United States Code, shall forfeit to
the United States, regardless of any provision of State law--
``(A) any conveyance, including any vessel, vehicle, or
aircraft used in the commission of a violation of, or a
conspiracy to violate, subsection (a); and
``(B) any property real or personal--
``(i) that constitutes, or is derived from or is
traceable to the proceeds obtained directly or
indirectly from the commission of a violation of, or a
conspiracy to violate, subsection (a), section 274A(a)
(1) or (2) of this Act, or section 1028, 1425, 1426,
1427, 1541, 1542, 1543, 1544, or 1546 of title 18,
United States Code; or
``(ii) that is used to facilitate, or is intended
to be used to facilitate, the commission of a violation
of, or a conspiracy to violate, subsection (a), section
274A(a) (1) or (2) of this Act, or section 1028, 1425,
1426, 1427, 1541, 1542, 1543, 1544, or 1546 of title
18, United States Code.
The court, in imposing sentence on such person, shall order that the
person forfeit to the United States all property described in this
subsection.
``(2) The criminal forfeiture of property under this subsection,
including any seizure and disposition of the property and any related
administrative or judicial proceeding, shall be governed by the
provisions of section 413 of the Comprehensive Drug Abuse Prevention
and Control Act of 1970 (21 U.S.C. 853), other than subsections (a) and
(d) of such section 413.''.
SEC. 127. INCREASED CRIMINAL PENALTIES FOR FRAUDULENT USE OF
GOVERNMENT-ISSUED DOCUMENTS.
(a) Penalties for Fraud and Misuse of Government-Issued
Identification Documents.--(1) Section 1028(b) of title 18, United
States Code, is amended to read as follows:
``(b)(1)(A) An offense under subsection (a) that is--
``(i) the production or transfer of an identification
document or false identification document that is or appears to
be--
``(I) an identification document issued by or under
the authority of the United States; or
``(II) a birth certificate, or a driver's license
or personal identification card;
``(ii) the production or transfer of more than five
identification documents or false identification documents; or
``(iii) an offense under paragraph (5) of such subsection
(a);
shall be punishable under subparagraph (B).
``(B) Except as provided in paragraph (4), a person who violates an
offense described in subparagraph (A) shall be punishable by--
``(i) a fine under this title, imprisonment for not more
than 10 years, or both, for a first or second offense; or
``(ii) a fine under this title, imprisonment for not more
than 15 years, or both, for a third or subsequent offense.
``(2) A person convicted of an offense under subsection (a) that
is--
``(A) any other production or transfer of an identification
document or false identification document; or
``(B) an offense under paragraph (3) of such subsection;
shall be punishable by a fine under this title, imprisonment for not
more than three years, or both.
``(3) A person convicted of an offense under subsection (a), other
than an offense described in paragraph (1) or (2), shall be punishable
by a fine under this title, imprisonment for not more than one year, or
both.
``(4) Notwithstanding any other provision of this section, the
maximum term of imprisonment that may be imposed for an offense
described in paragraph (1)(A) shall be--
``(A) if committed to facilitate a drug trafficking crime
(as defined in section 929(a) of this title), 15 years; and
``(B) if committed to facilitate an act of international
terrorism (as defined in section 2331 of this title), 20
years.''.
(2) Sections 1541 through 1544 of title 18, United States Code, are
amended by striking be fined under this title, imprisoned not more than
10 years, or both.'' each place it appears and inserting the following:
``, except as otherwise provided in this section, be--
``(1) fined under this title, imprisoned for not more than
10 years, or both, for a first or second offense; or
``(2) fined under this title, imprisoned for not more than
15 years, or both, for a third or subsequent offense.
``Notwithstanding any other provision of this section, the maximum
term of imprisonment that may be imposed for an offense under this
section--
``(1) if committed to facilitate a drug trafficking crime
(as defined in section 929(a) of this title), is 15 years; and
``(2) if committed to facilitate an act of international
terrorism (as defined in section 2331 of this title), is 20
years.''.
(3) Section 1546(a) of title 18, United States Code, is amended by
striking ``be fined under this title, imprisoned not more than 10
years, or both.'' and inserting the following:
``, except as otherwise provided in this subsection, be--
``(1) fined under this title, imprisoned for not more than
10 years, or both, for a first or second offense; or
``(2) fined under this title, imprisoned for not more than
15 years, or both, for a third or subsequent offense.
``Notwithstanding any other provision of this subsection, the
maximum term of imprisonment that may be imposed for an offense under
this subsection--
``(1) if committed to facilitate a drug trafficking crime
(as defined in section 929(a) of this title), is 15 years; and
``(2) if committed to facilitate an act of international
terrorism (as defined in section 2331 of this title), is 20
years.''.
(4) Sections 1425 through 1427 of title 18, United States Code, are
amended by striking ``be fined not more than $5,000 or imprisoned not
more than five years, or both'' each place it appears and inserting ``,
except as otherwise provided in this section, be--
``(1) fined under this title, imprisoned for not more than
10 years, or both, for a first or second offense; or
``(2) fined under this title, imprisoned for not more than
15 years, or both, for a third or subsequent offense.
``Notwithstanding any other provision of this section, the maximum
term of imprisonment that may be imposed for an offense under this
section--
``(1) if committed to facilitate a drug trafficking crime
(as defined in section 929(a) of this title), is 15 years; and
``(2) if committed to facilitate an act of international
terrorism (as defined in section 2331 of this title), is 20
years.''.
(b) Changes to the Sentencing Levels.--
(1) In general.--Pursuant to the Commission's authority
under section 994(p) of title 28, United States Code, the
United States Sentencing Commission shall promulgate sentencing
guidelines or amend existing sentencing guidelines for
offenders convicted of violating, or conspiring to violate,
sections 1028(b)(1), 1425 through 1427, 1541 through 1544, and
1546(a) of title 18, United States Code, in accordance with
this subsection.
(2) Requirements.--In carrying out this subsection, the
Commission shall, with respect to the offenses referred to in
paragraph (1)--
(A) increase the base offense level for such
offenses at least 2 offense levels above the level in
effect on the date of the enactment of this Act;
(B) review the sentencing enhancement for number of
documents or passports involved (U.S.S.G. 2L2.1(b)(2)),
and increase the upward adjustment by at least 50
percent above the applicable enhancement in effect on
the date of the enactment of this Act;
(C) impose an appropriate sentencing enhancement
upon an offender with 1 prior felony conviction arising
out of a separate and prior prosecution for an offense
that involved the same or similar underlying conduct as
the current offense, to be applied in addition to any
sentencing enhancement that would otherwise apply
pursuant to the calculation of the defendant's criminal
history category;
(D) impose an additional appropriate sentencing
enhancement upon an offender with 2 or more prior
felony convictions arising out of separate and prior
prosecutions for offenses that involved the same or
similar underling conduct as the current offense, to be
applied in addition to any sentencing enhancement that
would otherwise apply pursuant to the calculation of
the defendant's criminal history category;
(E) consider whether a downward adjustment is
appropriate if the offense conduct involves fewer than
6 documents, or the defendant committed the offense
other than for profit and the offense was not committed
to facilitate an act of international terrorism; and
(F) consider whether any other aggravating or
mitigating circumstances warrant upward or downward
sentencing adjustments.
(c) Emergency Authority to Sentencing Commission.--The Commission
shall promulgate the guidelines or amendments provided for under this
section as soon as practicable in accordance with the procedure set
forth in section 21(a) of the Sentencing Act of 1987, as though the
authority under that Act had not expired.
(d) Effective Date.--This section and the amendments made by this
section shall apply with respect to offenses occurring on or after the
date of the enactment of this Act.
SEC. 128. CRIMINAL PENALTY FOR FALSE STATEMENT IN A DOCUMENT REQUIRED
UNDER THE IMMIGRATION LAWS OR KNOWINGLY PRESENTING
DOCUMENT WHICH FAILS TO CONTAIN REASONABLE BASIS IN LAW
OR FACT.
The fourth undesignated 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. 129. NEW CRIMINAL PENALTIES FOR FAILURE TO DISCLOSE ROLE AS
PREPARER OF FALSE APPLICATION FOR ASYLUM OR FOR PREPARING
CERTAIN POST-CONVICTION APPLICATIONS.
Section 274C (8 U.S.C. 1324c) is amended by adding at the end the
following new subsection:
``(e) Criminal Penalties for Failure To Disclose Role as Document
Preparer.--(1) Whoever, in any matter within the jurisdiction of the
Service 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
subsection (f)) 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 more than 5 years, or both, and prohibited
from preparing or assisting in preparing, whether or not for a fee or
other remuneration, any other such application.
``(2) Whoever, having been convicted of a violation of paragraph
(1), knowingly and willfully prepares or assists in preparing an
application for immigration benefits pursuant to this Act, or the
regulations promulgated thereunder, whether or not for a fee or other
remuneration and regardless of whether in any matter within the
jurisdiction of the Service under section 208, shall be guilty of a
felony and shall be fined in accordance with title 18, United States
Code, imprisoned for not more than 15 years, or both, and prohibited
from preparing or assisting in preparing any other such application.''.
SEC. 130. NEW DOCUMENT FRAUD OFFENSES; NEW CIVIL PENALTIES FOR DOCUMENT
FRAUD.
(a) Activities Prohibited.--Section 274C(a) (8 U.S.C. 1324c(a)) is
amended--
(1) in paragraph (1), by inserting before the comma at the
end the following: ``or to obtain a benefit under this Act'';
(2) in paragraph (2), by inserting before the comma at the
end the following: ``or to obtain a benefit under this Act'';
(3) in paragraph (3)--
(A) by inserting ``or with respect to'' after
``issued to'';
(B) by adding before the comma at the end the
following: ``or obtaining a benefit under this Act'';
and
(C) by striking ``or'' at the end;
(4) in paragraph (4)--
(A) by inserting ``or with respect to'' after
``issued to'';
(B) by adding before the period at the end the
following: ``or obtaining a benefit under this Act'';
and
(C) by striking the period at the end and inserting
``, or''; and
(5) by adding at the end the following new paragraphs:
``(5) to prepare, file, or assist another in preparing or
filing, any application for benefits under this Act, or any
document required under this Act, or any document submitted in
connection with such application or document, with knowledge or
in reckless disregard of the fact that such application or
document was falsely made or, in whole or in part, does not
relate to the person on whose behalf it was or is being
submitted; or
``(6) to (A) present before boarding a common carrier for
the purpose of coming to the United States a document which
relates to the alien's eligibility to enter the United States,
and (B) fail to present such document to an immigration officer
upon arrival at a United States port of entry.''.
(b) Definition of Falsely Make.--Section 274C (8 U.S.C. 1324c), as
amended by section 129 of this Act, is further amended by adding at the
end the following new subsection:
``(f) Falsely Make.--For purposes of this section, the term
`falsely make' means to prepare or provide an application or document,
with knowledge or in reckless disregard of the fact that the
application or document contains a false, fictitious, or fraudulent
statement or material representation, or has no basis in law or fact,
or otherwise fails to state a fact which is material to the purpose for
which it was submitted.''.
(c) Conforming Amendment.--Section 274C(d)(3) (8 U.S.C.
1324c(d)(3)) is amended by striking ``each document used, accepted, or
created and each instance of use, acceptance, or creation'' each place
it appears and inserting ``each document that is the subject of a
violation under subsection (a)''.
(d) Enhanced Civil Penalties for Document Fraud if Labor Standards
Violations Are Present.--Section 274C(d) (8 U.S.C. 1324c(d)) is amended
by adding at the end the following new paragraph:
``(7) Civil Penalty.--(A) The administrative law judge
shall have the authority to require payment of a civil money
penalty in an amount up to two times the level of the penalty
prescribed by this subsection in any case where the employer
has been found to have committed willful or repeated violations
of any of the following statutes:
``(i) The Fair Labor Standards Act (29 U.S.C. 201
et seq.) pursuant to a final determination by the
Secretary of Labor or a court of competent
jurisdiction.
``(ii) The Migrant and Seasonal Agricultural Worker
Protection Act (29 U.S.C. 1801 et seq.) pursuant to a
final determination by the Secretary of Labor or a
court of competent jurisdiction.
``(iii) The Family and Medical Leave Act (29 U.S.C.
2601 et seq.) pursuant to a final determination by the
Secretary of Labor or a court of competent
jurisdiction.
``(B) The Secretary of Labor and the Attorney General shall
consult regarding the administration of this paragraph.''.
(e) Waiver by Attorney General.--Section 274C(d) (8 U.S.C.
1324c(d)), as amended by subsection (d), is further amended by adding
at the end the following new paragraph:
``(8) Waiver by attorney general.--The Attorney General may
waive the penalties imposed by 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).''.
(f) Effective Date.--
(1) Definition of falsely make.--Section 274C(f) of the
Immigration and Nationality Act, as added by subsection (b),
applies to the preparation of applications before, on, or after
the date of the enactment of this Act.
(2) Enhanced civil penalties.--The amendments made by
subsection (d) apply with respect to offenses occurring on or
after the date of the enactment of this Act.
SEC. 131. PENALTIES FOR INVOLUNTARY SERVITUDE.
(a) Amendments to Title 18.--Sections 1581, 1583, 1584, and 1588 of
title 18, United States Code, are amended by striking ``five'' each
place it appears and inserting ``10''.
(b) Review of Sentencing Guidelines.--The United States Sentencing
Commission shall ascertain whether there exists an unwarranted
disparity--
(1) between the sentences for peonage, involuntary
servitude, and slave trade offenses, and the sentences for
kidnapping offenses in effect on the date of the enactment of
this Act; and
(2) between the sentences for peonage, involuntary
servitude, and slave trade offenses, and the sentences for
alien smuggling offenses in effect on the date of the enactment
of this Act and after the amendment made by subsection (a).
(c) Amendment of Sentencing Guidelines.--Pursuant to its authority
under section 994(p) of title 28, United States Code, the United States
Sentencing Commission shall review its guidelines on sentencing for
peonage, involuntary servitude, and slave trade offenses under sections
1581 through 1588 of title 18, United States Code, and shall amend such
guidelines as necessary to--
(1) reduce or eliminate any unwarranted disparity found
under subsection (b) that exists between the sentences for
peonage, involuntary servitude, and slave trade offenses, and
the sentences for kidnapping offenses and alien smuggling
offenses;
(2) ensure that the applicable guidelines for defendants
convicted of peonage, involuntary servitude, and slave trade
offenses are sufficiently stringent to deter such offenses and
adequately reflect the heinous nature of such offenses; and
(3) ensure that the guidelines reflect the general
appropriateness of enhanced sentences for defendants whose
peonage, involuntary servitude, or slave trade offenses
involve--
(A) a large number of victims;
(B) the use or threatened use of a dangerous
weapon; or
(C) a prolonged period of peonage or involuntary
servitude.
(d) Emergency Authority to Sentencing Commission.--The Commission
shall promulgate the guidelines or amendments provided for under this
section as soon as practicable in accordance with the procedure set
forth in section 21(a) of the Sentencing Act of 1987, as though the
authority under that Act had not expired.
(e) Effective Date.--This section and the amendments made by this
section shall apply with respect to offenses occurring on or after the
date of the enactment of this Act.
SEC. 132. EXCLUSION RELATING TO MATERIAL SUPPORT TO TERRORISTS.
Section 212(a)(3)(B)(iii)(III) (8 U.S.C. 1182(a)(3)(B)(iii)(III))
is amended by inserting ``documentation or'' before ``identification''.
PART 4--EXCLUSION AND DEPORTATION
SEC. 141. SPECIAL EXCLUSION IN EXTRAORDINARY MIGRATION SITUATIONS.
(a) In General.--The Immigration and Nationality Act is amended by
adding after section 236 (8 U.S.C. 1226) the following new section:
``special exclusion in extraordinary migration situations
``Sec. 236A. (a) In General.--
``(1) Notwithstanding the provisions of sections 235(b) and
236, and subject to subsection (c), if the Attorney General
determines that the numbers or circumstances of aliens en route
to or arriving in the United States, by land, sea, or air,
present an extraordinary migration situation, the Attorney
General may, without referral to a special inquiry officer,
order the exclusion and deportation of any alien who is found
to be excludable under section 212(a) (6)(C) or (7).
``(2) As used in this section, the term `extraordinary
migration situation' means the arrival or imminent arrival in
the United States or its territorial waters of aliens who by
their numbers or circumstances substantially exceed the
capacity of the inspection and examination of such aliens.
``(3) Subject to paragraph (4), the determination whether
there exists an extraordinary migration situation within the
meaning of paragraphs (1) and (2) is committed to the sole and
exclusive discretion of the Attorney General.
``(4) The provisions of this subsection may be invoked
under paragraph (1) for a period not to exceed 90 days, unless
within such 90-day period or extension thereof, the Attorney
General determines, after consultation with the Committees on
the Judiciary of the Senate and the House of Representatives,
that an extraordinary migration situation continues to warrant
such procedures remaining in effect for an additional 90-day
period.
``(5) No alien may be ordered specially excluded under
paragraph (1) if--
``(A) such alien is eligible to seek asylum under
section 208; and
``(B) the Attorney General determines, in the
procedure described in subsection (b), that such alien
has a credible fear of persecution on account of race,
religion, nationality, membership in a particular
social group or political opinion in the country of
such person's nationality, or in the case of a person
having no nationality, the country in which such person
last habitually resided.
``(6) A special exclusion order entered in accordance with
the provisions of this section is not subject to administrative
review other than as provided in this section, except that the
Attorney General shall provide by regulation for a prompt
administrative review of such an order against an applicant who
claims under oath, or as permitted under penalty of perjury
under section 1746 of title 28, United States Code, after
having been warned of the penalties for falsely making such
claim under such conditions, to have been, and appears to have
been, lawfully admitted for permanent residence.
``(7) A special exclusion order entered in accordance with
the provisions of this section shall have the same effect as if
the alien had been ordered excluded and deported pursuant to
section 236.
``(8) Nothing in this subsection shall be construed as
requiring an inquiry before a special inquiry officer in the
case of an alien crewman.
``(b) Procedure for Using Special Exclusion.--(1) When the Attorney
General has determined pursuant to this section that an extraordinary
migration situation exists and an alien subject to special exclusion
under such section has indicated a desire to apply for asylum or
withholding of deportation under section 243(h) or has indicated a fear
of persecution upon return, the immigration officer shall refer the
matter to an asylum officer.
``(2) Such asylum officer shall interview the alien to determine
whether the alien has a credible fear of persecution (or of return to
persecution) in or from the country of such alien's nationality, or in
the case of a person having no nationality, the country in which such
alien last habitually resided.
``(3) The Attorney General shall provide information concerning the
procedures described in this section to any alien who is subject to
such provisions. The alien may consult with or be represented by a
person or persons of the alien's choosing according to regulations
prescribed by the Attorney General. Such consultation and
representation shall be at no expense to the Government and shall not
unreasonably delay the process.
``(4) The application for asylum or withholding of deportation of
an alien who has been determined under the procedure described in
paragraph (2) to have a credible fear of persecution shall be
determined in due course by a special inquiry officer during a hearing
on the exclusion of such alien.
``(5) If the officer determines that the alien does not have a
credible fear of persecution in (or of return to persecution from) the
country or countries referred to in paragraph (2), the alien may be
specially excluded and deported in accordance with this section.
``(6) The Attorney General shall provide by regulation for a single
level of administrative appellate review of a special exclusion order
entered in accordance with the provisions of this section.
``(7) As used in this section, the term `asylum officer' means an
immigration officer who--
``(A) has had extensive professional training in country
conditions, asylum law, and interview techniques;
``(B) has had at least one year of experience adjudicating
affirmative asylum applications of aliens who are not in
special exclusion proceedings; and
``(C) is supervised by an officer who meets the
qualifications described in subparagraphs (A) and (B).
``(8) As used in this section, the term `credible fear of
persecution' means that, in light of statements and evidence produced
by the alien in support of the alien's claim, and of such other facts
as are known to the officer about country conditions, a claim by the
alien that the alien is eligible for asylum under section 208 would not
be manifestly unfounded.
``(c) Aliens Fleeing Ongoing Armed Conflict, Torture, Systematic
Persecution, and Other Deprivations of Human Rights.--Notwithstanding
any other provision of this section, the Attorney General may, in the
Attorney General's discretion, proceed in accordance with section 236
with regard to any alien fleeing from a country where--
``(1) the government (or a group within the country that
the government is unable or unwilling to control) engages in--
``(A) torture or other cruel, inhuman, or degrading
treatment or punishment;
``(B) prolonged arbitrary detention without charges
or trial;
``(C) abduction, forced disappearance or
clandestine detention; or
``(D) systematic persecution; or
``(2) an ongoing armed conflict or other extraordinary
conditions would pose a serious threat to the alien's personal
safety.''.
(b) Conforming Amendments.--(1)(A) Section 235(b) of the
Immigration and Nationality Act (8 U.S.C. 1225b) is amended to read as
follows:
``(b) Every alien (other than an alien crewman), and except as
otherwise provided in subsection (c) of this section and in section
273(d), who may not appear to the examining officer at the port of
arrival to be clearly and beyond a doubt entitled to land shall be
detained for further inquiry to be conducted by a special inquiry
officer. The decision of the examining immigration officer, if
favorable to the admission of any alien, shall be subject to challenge
by any other immigration officer and such challenge shall operate to
take the alien, whose privilege to land is so challenged, before a
special inquiry officer.''.
(B) Section 237(a) of the Immigration and Nationality Act (8 U.S.C.
1227a) is amended--
(i) in the second sentence of paragraph (1), by striking
``Subject to section 235(b)(1), deportation'' and inserting
``Deportation''; and
(ii) in the first sentence of paragraph (2), by striking
``Subject to section (b)(1), if'' and inserting ``If''.
(2)(A) Section 106 of the Immigration and Nationality Act (8 U.S.C.
1105a) is amended--
(i) by striking subsection (e); and
(ii) by amending the section heading to read as follows:
``judicial review of orders of deportation and exclusion''.
(B) Section 235(d) (8 U.S.C. 1225d) is repealed.
(C) The item relating to section 106 in the table of contents of
the Immigration and Nationality Act is amended to read as follows:
``106. Judicial review of orders of deportation and exclusion.''.
(3) Section 241(d) (8 U.S.C. 1251d) is repealed.
SEC. 142. JUDICIAL REVIEW OF ORDERS OF EXCLUSION AND DEPORTATION.
(a) In General.--Section 106 (8 U.S.C. 1105a) is amended to read as
follows:
``judicial review of orders of deportation, exclusion, and special
exclusion
``Sec. 106. (a) Applicable Provisions.--Except as provided in
subsection (b), judicial review of a final order of exclusion or
deportation is governed only by chapter 158 of title 28 of the United
States Code, but in no such review may a court order the taking of
additional evidence pursuant to section 2347(c) of title 28, United
States Code.
``(b) Requirements.--(1)(A) A petition for judicial review must be
filed not later than 30 days after the date of the final order of
exclusion or deportation, except that in the case of any specially
deportable criminal alien (as defined in section 242(k)), there shall
be no judicial review of any final order of deportation.
``(B) The alien shall serve and file a brief in connection with a
petition for judicial review not later than 40 days after the date on
which the administrative record is available, and may serve and file a
reply brief not later than 14 days after service of the brief of the
Attorney General, and the court may not extend these deadlines except
upon motion for good cause shown. Judicial review of all questions of
law and fact, including interpretation and application of
constitutional and statutory provisions, arising from any action taken
or proceeding brought to exclude or deport an alien from the United
States under title II of this Act shall be available only in the
judicial review of a final order of exclusion or deportation under this
section. If a petition filed under this section raises a Constitutional
issue that the court of appeals finds presents a genuine issue of
material fact that cannot be resolved on the basis of the
administrative record, the court shall transfer the proceeding to the
district court of the United States for the judicial district in which
the petitioner resides or is detained for a new hearing on the
Constitutional claim as if the proceedings were originally initiated in
district court. The procedure in these cases in the district court is
governed by the Federal Rules of Civil Procedure.
``(C) If an alien fails to file a brief in connection with a
petition for judicial review 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.
``(2) A petition for judicial review shall be filed with the court
of appeals for the judicial circuit in which the special inquiry
officer completed the proceedings.
``(3) The respondent of a petition for judicial review shall be the
Attorney General. The petition shall be served on the Attorney General
and on the officer or employee of the Immigration and Naturalization
Service in charge of the Service district in which the final order of
exclusion or deportation was entered. Service of the petition on the
officer or employee does not stay the deportation of an alien pending
the court's decision on the petition, unless the court orders
otherwise.
``(4)(A) Except as provided in paragraph (5)(B), the court of
appeals shall decide the petition only on the administrative record on
which the order of exclusion or deportation is based and the Attorney
General's findings of fact shall be conclusive unless a reasonable
adjudicator would be compelled to conclude to the contrary.
``(B) The Attorney General's discretionary judgment whether to
grant relief under section 212 (c) or (i), 244 (a) or (d), or 245 shall
be conclusive and shall not be subject to review.
``(C) The Attorney General's discretionary judgment whether to
grant relief under section 208(a) shall be conclusive unless manifestly
contrary to law and an abuse of discretion.
``(5)(A) If the petitioner claims to be a national of the United
States and the court of appeals finds from the pleadings and affidavits
that no genuine issue of material fact about the petitioner's
nationality is presented, the court shall decide the nationality claim.
``(B) If the petitioner claims to be a national of the United
States and the court of appeals finds that a genuine issue of material
fact about the petitioner's nationality is presented, the court shall
transfer the proceeding to the district court of the United States for
the judicial district in which the petitioner resides for a new hearing
on the nationality claim and a decision on that claim as if an action
had been brought in the district court under section 2201 of title 28,
United States Code.
``(C) The petitioner may have the nationality claim decided only as
provided in this section.
``(6)(A) If the validity of an order of deportation has not been
judicially decided, a defendant in a criminal proceeding charged with
violating subsection (d) or (e) of section 242 may challenge the
validity of the order in the criminal proceeding only by filing a
separate motion before trial. The district court, without a jury, shall
decide the motion before trial.
``(B) If the defendant claims in the motion to be a national of the
United States and the district court finds that no genuine issue of
material fact about the defendant's nationality is presented, the court
shall decide the motion only on the administrative record on which the
deportation order is based. The administrative findings of fact are
conclusive if supported by reasonable, substantial, and probative
evidence on the record considered as a whole.
``(C) If the defendant claims in the motion to be a national of the
United States and the district court finds that a genuine issue of
material fact about the defendant's nationality is presented, the court
shall hold a new hearing on the nationality claim and decide that claim
as if an action had been brought under section 2201 of title 28, United
States Code.
``(D) If the district court rules that the deportation order is
invalid, the court shall dismiss the indictment. The United States
Government may appeal the dismissal to the court of appeals for the
appropriate circuit within 30 days. The defendant may not file a
petition for review under this section during the criminal proceeding.
The defendant may have the nationality claim decided only as provided
in this section.
``(7) This subsection--
``(A) does not prevent the Attorney General, after a final
order of deportation has been issued, from detaining the alien
under section 242(c);
``(B) does not relieve the alien from complying with
subsection (d) or (e) of section 242; and
``(C) except as provided in paragraph (3), does not require
the Attorney General to defer deportation of the alien.
``(8) The record and briefs do not have to be printed. The court of
appeals shall review the proceeding on a typewritten record and on
typewritten briefs.
``(c) Requirements for Petition.--A petition for review of an order
of exclusion or deportation shall state whether a court has upheld the
validity of the order, and, if so, shall state the name of the court,
the date of the court's ruling, and the kind of proceeding.
``(d) Review of Final Orders.--
``(1) A court may review a final order of exclusion or
deportation only if--
``(A) the alien has exhausted all administrative
remedies available to the alien as a matter of right;
and
``(B) another court has not decided the validity of
the order, unless, subject to paragraph (2), the
reviewing court finds that the petition presents
grounds that could not have been presented in the prior
judicial proceeding or that the remedy provided by the
prior proceeding was inadequate or ineffective to test
the validity of the order.
``(2) Nothing in paragraph (1)(B) may be construed as
creating a right of review if such review would be inconsistent
with subsection (e), (f), or (g), or any other provision of
this section.
``(e) No Judicial Review for Orders of Deportation or Exclusion
Entered Against Certain Criminal Aliens.--Notwithstanding any other
provision of law, any order of exclusion or deportation against an
alien who is excludable or deportable by reason of having committed any
criminal offense described in subparagraph (A)(iii), (B), (C), or (D)
of section 241(a)(2), or two or more offenses described in section
241(a)(2)(A)(ii), at least two of which resulted in a sentence or
confinement described in section 241(a)(2)(A)(i)(II), is not subject to
review by any court.
``(f) No Collateral Attack.--In any action brought for the
assessment of penalties for improper entry or reentry of an alien under
section 275 or 276, no court shall have jurisdiction to hear claims
attacking the validity of orders of exclusion, special exclusion, or
deportation entered under section 235, 236, or 242.''.
(b) Rescission of Order.--Section 242B(c)(3) (8 U.S.C. 1252b(c)(3))
is amended by striking the period at the end and inserting ``by the
special inquiry officer, but there shall be no stay pending further
administrative or judicial review, unless ordered because of
individually compelling circumstances.''.
(c) Clerical Amendment.--The table of contents of the Act is
amended by amending the item relating to section 106 to read as
follows:
``Sec. 106. Judicial review of orders of deportation, exclusion, and
special exclusion.''.
(d) Effective Date.--The amendments made by subsections (a) and (b)
shall apply to all final orders of exclusion or deportation entered,
and motions to reopen filed, on or after the date of the enactment of
this Act.
SEC. 143. CIVIL PENALTIES AND VISA INELIGIBILITY, FOR FAILURE TO
DEPART.
(a) Aliens Subject to an Order of Exclusion or Deportation.--The
Immigration and Nationality Act is amended by inserting after section
274C (8 U.S.C. 1324c) the following new section:
``civil penalties for failure to depart
``Sec. 274D. (a) Any alien subject to a final order of exclusion
and deportation or deportation who--
``(1) willfully fails or refuses to--
``(A) depart on time from the United States
pursuant to the order;
``(B) make timely application in good faith for
travel or other documents necessary for departure; or
``(C) present himself or herself for deportation at
the time and place required by the Attorney General; or
``(2) conspires to or takes any action designed to prevent
or hamper the alien's departure pursuant to the order,
shall pay a civil penalty of not more than $500 to the Commissioner for
each day the alien is in violation of this section.
``(b) The Commissioner shall deposit amounts received under
subsection (a) as offsetting collections in the appropriate
appropriations account of the Service.
``(c) Nothing in this section shall be construed to diminish or
qualify any penalties to which an alien may be subject for activities
proscribed by section 242(e) or any other section of this Act.''.
(b) Visa Overstayer.--The Immigration and Nationality Act is
amended in section 212 (8 U.S.C. 1182) by inserting the following new
subsection:
``(p)(1) Any lawfully admitted nonimmigrant who remains in the
United States for more than 60 days beyond the period authorized by the
Attorney General shall be ineligible for additional nonimmigrant or
immigrant visas (other than visas available for spouses of United
States citizens or aliens lawfully admitted for permanent residence)
until the date that is--
``(A) 3 years after the date the nonimmigrant departs the
United States in the case of a nonimmigrant not described in
paragraph (2); or
``(B) 5 years after the date the nonimmigrant departs the
United States in the case of a nonimmigrant who without
reasonable cause fails or refuses to attend or remain in
attendance at a proceeding to determine the nonimmigrant's
deportability.
``(2)(A) Paragraph (1) shall not apply to any lawfully admitted
nonimmigrant who is described in paragraph (1)(A) and who demonstrates
good cause for remaining in the United States for the entirety of the
period (other than the first 60 days) during which the nonimmigrant
remained in the United States without the authorization of the Attorney
General.
``(B) A final order of deportation shall not be stayed on the basis
of a claim of good cause made under this subsection.
``(3) The Attorney General shall by regulation establish procedures
necessary to implement this section.''.
(c) Effective Date.--Subsection (b) shall take effect on the date
of implementation of the automated entry-exit control system described
in section 201, or on the date that is 2 years after the date of
enactment of this Act, whichever is earlier.
(d) Amendments to Table of Contents.--The table of contents of the
Act is amended by inserting after the item relating to section 274C the
following:
``Sec. 274D. Civil penalties for failure to depart.''.
SEC. 144. CONDUCT OF PROCEEDINGS BY ELECTRONIC MEANS.
Section 242(b) (8 U.S.C. 1252(b)) is amended by inserting at the
end the following new sentences: ``Nothing in this subsection precludes
the Attorney General from authorizing proceedings by video electronic
media, by telephone, or, where a requirement for the alien's appearance
is waived or the alien's absence is agreed to by the parties, in the
absence of the alien. Contested full evidentiary hearings on the merits
may be conducted by telephone only with the consent of the alien.''.
SEC. 145. SUBPOENA AUTHORITY.
(a) Exclusion Proceedings.--Section 236(a) (8 U.S.C. 1226(a)) is
amended in the first sentence by inserting ``issue subpoenas,'' after
``evidence,''.
(b) Deportation Proceedings.--Section 242(b) (8 U.S.C. 1252(b)) is
amended in the first sentence by inserting ``issue subpoenas,'' after
``evidence,''.
SEC. 146. LANGUAGE OF DEPORTATION NOTICE; RIGHT TO COUNSEL.
(a) Language of Notice.--Section 242B (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) (8 U.S.C.
1252b(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 (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) (8 U.S.C. 1252b(b)) 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.''.
SEC. 147. ADDITION OF NONIMMIGRANT VISAS TO TYPES OF VISA DENIED FOR
COUNTRIES REFUSING TO ACCEPT DEPORTED ALIENS.
(a) In General.--Section 243(g) (8 U.S.C. 1253(g)) is amended to
read as follows:
``(g)(1) If the Attorney General determines that any country upon
request denies or unduly delays acceptance of the return of any alien
who is a national, citizen, subject, or resident thereof, the Attorney
General shall notify the Secretary of such fact, and thereafter,
subject to paragraph (2), neither the Secretary of State nor any
consular officer shall issue an immigrant or nonimmigrant visa to any
national, citizen, subject, or resident of such country.
``(2) The Secretary of State may waive the application of paragraph
(1) if the Secretary determines that such a waiver is necessary to
comply with the terms of a treaty or international agreement or is in
the national interest of the United States.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to countries for which the Secretary of State gives instructions
to United States consular officers on or after the date of the
enactment of this Act.
SEC. 148. AUTHORIZATION OF SPECIAL FUND FOR COSTS OF DEPORTATION.
In addition to any other funds otherwise available in any fiscal
year for such purpose, there are authorized to be appropriated to the
Immigration and Naturalization Service $10,000,000 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 1252a); and
(2) detaining aliens prior to the execution of final orders
of deportation issued under such sections.
SEC. 149. PILOT PROGRAM TO INCREASE EFFICIENCY IN REMOVAL OF DETAINED
ALIENS.
(a) Authority.--The Attorney General shall conduct one or more
pilot programs to study methods for increasing the efficiency of
deportation and exclusion proceedings against detained aliens by
increasing the availability of pro bono counseling and representation
for such aliens. Any such pilot program may provide for administrative
grants to not-for-profit organizations involved in the counseling and
representation of aliens in immigration proceedings. An evaluation
component shall be included in any such pilot program to test the
efficiency and cost-effectiveness of the services provided and the
replicability of such programs at other locations.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Department of Justice such sums as may be necessary
to carry out the program or programs described in subsection (a).
(c) Statutory Construction.--Nothing in this section may be
construed as creating a right for any alien to be represented in any
exclusion or deportation proceeding at the expense of the Government.
SEC. 150. LIMITATIONS ON RELIEF FROM EXCLUSION AND DEPORTATION.
(a) Limitation.--Section 212(c) (8 U.S.C. 1182(c)) is amended to
read as follows:
``(c)(1) Subject to paragraphs (2) through (5), an alien who is and
has been lawfully admitted for permanent residence for at least 5
years, who has resided in the United States continuously for 7 years
after having been lawfully admitted, and who is returning to such
residence after having temporarily proceeded abroad voluntarily and not
under an order of deportation, may be admitted in the discretion of the
Attorney General without regard to the provisions of subsection (a)
(other than paragraphs (3) and (9)(C)).
``(2) For purposes of this subsection, any period of continuous
residence shall be deemed to end when the alien is placed in
proceedings to exclude or deport the alien from the United States.
``(3) Nothing contained in this subsection shall limit the
authority of the Attorney General to exercise the discretion authorized
under section 211(b).
``(4) Paragraph (1) shall not apply to an alien who has been
convicted of one or more aggravated felonies and has been sentenced for
such felony or felonies to a term or terms of imprisonment totalling,
in the aggregate, at least 5 years.
``(5) This subsection shall apply only to an alien in proceedings
under section 236.''.
(b) Cancellation of Deportation.--Section 244 (8 U.S.C. 1254) is
amended to read as follows:
``cancellation of deportation; adjustment of status; voluntary
departure
``Sec. 244. (a) Cancellation of Deportation.--(1) The Attorney
General may, in the Attorney General's discretion, cancel deportation
in the case of an alien who is deportable from the United States and--
``(A) is, and has been for at least 5 years, a lawful
permanent resident; has resided in the United States
continuously for not less than 7 years after being lawfully
admitted; and has not been convicted of an aggravated felony or
felonies for which the alien has been sentenced to a term or
terms of imprisonment totaling, in the aggregate, at least 5
years;
``(B) has been physically present in the United States for
a continuous period of not less than 7 years since entering the
United States; has been a person of good moral character during
such period; and establishes that deportation would result in
extreme hardship to the alien or the alien's spouse, parent, or
child, who is a citizen or national of the United States or an
alien lawfully admitted for permanent residence;
``(C) has been physically present in the United States for
a continuous period of not less than three years since entering
the United States; has been battered or subjected to extreme
cruelty in the United States by a spouse or parent who is a
United States citizen or lawful permanent resident (or is the
parent of a child who is a United States citizen or lawful
permanent resident and the child has been battered or subjected
to extreme cruelty in the United States by such citizen or
permanent resident parent); has been a person of good moral
character during all of such period in the United States; and
establishes that deportation would result in extreme hardship
to the alien or the alien's parent or child; or
``(D) is deportable under paragraph (2) (A), (B), or (D),
or paragraph (3) of section 241(a); has been physically present
in the United States for a continuous period of not less than
10 years immediately following the commission of an act, or the
assumption of a status, constituting a ground for deportation,
and proves that during all of such period he has been a person
of good moral character; and is a person whose deportation
would, in the opinion of the Attorney General, result in
exceptional and extremely unusual hardship to the alien or to
his spouse, parent, or child, who is a citizen of the United
States or an alien lawfully admitted for permanent residence.
``(2)(A) For purposes of paragraph (1), any period of continuous
residence or continuous physical presence in the United States shall be
deemed to end when the alien is served an order to show cause pursuant
to section 242 or 242B.
``(B) An alien shall be considered to have failed to maintain
continuous physical presence in the United States under paragraph (1)
(B), (C), or (D) if the alien was absent from the United States for any
single period of more than 90 days or an aggregate period of more than
180 days.
``(C) A person who is deportable under section 241(a)(2)(C) or
241(a)(4) shall not be eligible for relief under this section.
``(D) A person who is deportable under section 241(a)(2) (A), (B),
or (D) or section 241(a)(3) shall not be eligible for relief under
paragraph (1) (B), or (D).
``(E) A person who has been convicted of an aggravated felony shall
not be eligible for relief under paragraph (1) (B), or (C), (D).
``(F) A person who is deportable under section 241(a)(1)(G) shall
not be eligible for relief under paragraph (1)(C).
``(b) Continuous Physical Presence Not Required Because of
Honorable Service in Armed Forces and Presence Upon Entry Into
Service.--The requirements of continuous residence or continuous
physical presence in the United States specified in subsection (a)(1)
(A) and (B) shall not be applicable to an alien who--
``(1) has served for a minimum period of 24 months in an
active-duty status in the Armed Forces of the United States
and, if separated from such service, was separated under
honorable conditions, and
``(2) at the time of his or her enlistment or induction,
was in the United States.
``(c) Adjustment of Status.--The Attorney General may cancel
deportation and adjust to the status of an alien lawfully admitted for
permanent residence any alien who the Attorney General determines meets
the requirements of subsection (a)(1) (B), (C), or (D). The Attorney
General shall record the alien's lawful admission for permanent
residence as of the date the Attorney General decides to cancel such
alien's removal.
``(d) Alien Crewmen; Nonimmigrant Exchange Aliens Admitted To
Receive Graduate Medical Education or Training; Other.--The provisions
of subsection (a) shall not apply to an alien who--
``(1) entered the United States as a crewman after June 30,
1964;
``(2) was admitted to the United States as a nonimmigrant
alien described in section 101(a)(15)(J), or has acquired the
status of such a nonimmigrant alien after admission, in order
to receive graduate medical education or training, without
regard to whether or not the alien is subject to or has
fulfilled the two-year foreign residence requirement of section
212(e); or
``(3)(A) was admitted to the United States as a
nonimmigrant alien described in section 101(a)(15)(J), or has
acquired the status of such a nonimmigrant alien after
admission, other than to receive graduate medical education or
training;
``(B) is subject to the two-year foreign residence
requirement of section 212(e); and
``(C) has not fulfilled that requirement or received a
waiver thereof, or, in the case of a foreign medical graduate
who has received a waiver pursuant to section 220 of the
Immigration and Nationality Technical Corrections Act of 1994
(Public Law 103-416), has not fulfilled the requirements of
section 214(k).
``(e) Voluntary Departure.--(1)(A) The Attorney General may permit
an alien voluntarily to depart the United States at the alien's own
expense--
``(i) in lieu of being subject to deportation proceedings
under section 242 or prior to the completion of such
proceedings, if the alien is not a person deportable under
section 241(a)(2)(A)(iii) or section 241(a)(4); or
``(ii) after the completion of deportation proceedings
under section 242, only if a special inquiry officer determines
that--
``(I) the alien is, and has been for at least 5
years immediately preceding the alien's application for
voluntary departure, a person of good moral character;
``(II) the alien is not deportable under section
241(a)(2)(A)(iii) or section 241(a)(4); and
``(III) the alien establishes by clear and
convincing evidence that the alien has the means to
depart the United States and intends to do so.
``(B)(i) In the case of departure pursuant to subparagraph (A)(i),
the Attorney General may require the alien to post a voluntary
departure bond, to be surrendered upon proof that the alien has
departed the United States within the time specified.
``(ii) If any alien who is authorized to depart voluntarily under
this paragraph is financially unable to depart at the alien's own
expense and the Attorney General deems the alien's removal to be in the
best interest of the United States, the expense of such removal may be
paid from the appropriation for enforcement of this Act.
``(C) In the case of departure pursuant to subparagraph (A)(ii),
the alien shall be required to post a voluntary departure bond, in an
amount necessary to ensure that the alien will depart, to be
surrendered upon proof that the alien has departed the United States
within the time specified.
``(2) If the alien fails voluntarily to depart the United States
within the time period specified in accordance with paragraph (1), the
alien shall be subject to a civil penalty of not more than $500 per day
and shall be ineligible for any further relief under this subsection or
subsection (a).
``(3)(A) The Attorney General may by regulation limit eligibility
for voluntary departure for any class or classes of aliens.
``(B) No court may review any regulation issued under subparagraph
(A).
``(4) No court shall have jurisdiction over an appeal from denial
of a request for an order of voluntary departure under paragraph (1),
nor shall any court order a stay of an alien's removal pending
consideration of any claim with respect to voluntary departure.''.
(c) Conforming Amendments.--(1) Section 242(b) (8 U.S.C. 1252(b))
is amended by striking the last two sentences.
(2) Section 242B (8 U.S.C. 1252b) is amended--
(A) in subsection (e)(2), by striking ``section 244(e)(1)''
and inserting ``section 244(e)''; and
(B) in subsection (e)(5)--
(i) by striking ``suspension of deportation'' and
inserting ``cancellation of deportation''; and
(ii) by inserting ``244,'' before ``245''.
(d) Amendment to the Table of Contents.--The table of contents of
the Act is amended by amending the item relating to section 244 to read
as follows:
``Sec. 244. Cancellation of deportation; adjustment of status;
voluntary departure.''.
(e) Effective Dates.--(1) The amendments made by subsection (a)
shall take effect on the date of the enactment of this Act, and shall
apply to all applications for relief under section 212(c) of the
Immigration and Nationality Act (8 U.S.C. 1182(c)), except that, for
purposes of determining the period of continuous residence, the
amendments made by subsection (a) shall apply to all aliens against
whom proceedings are commenced on or after the date of the enactment of
this Act.
(2) The amendments made by subsection (b) shall take effect on the
date of the enactment of this Act, and shall apply to all applications
for relief under section 244 of the Immigration and Nationality Act (8
U.S.C. 1254), except that, for purposes of determining the periods of
continuous residence or continuous physical presence, the amendments
made by subsection (b) shall apply to all aliens upon whom an order to
show cause is served on or after the date of the enactment of this Act.
(3) The amendments made by subsection (c) shall take effect on the
date of the enactment of this Act.
SEC. 151. ALIEN STOWAWAYS.
(a) Definition.--Section 101(a) (8 U.S.C. 1101) is amended by
adding the following new paragraph:
``(47) The term `stowaway' means any alien who obtains
transportation without the consent of the owner, charterer, master, or
person in command of any vessel or aircraft through concealment aboard
such vessel or aircraft. A passenger who boards with a valid ticket is
not to be considered a stowaway.''.
(b) Excludability.--Section 237 (8 U.S.C. 1227) is amended--
(1) in subsection (a)(1), before the period at the end of
the first sentence, by inserting the following: ``, or unless
the alien is an excluded stowaway who has applied for asylum or
withholding of deportation and whose application has not been
adjudicated or whose application has been denied but who has
not exhausted every appeal right''; and
(2) by inserting after the first sentence in subsection
(a)(1) the following new sentences: ``Any alien stowaway
inspected upon arrival in the United States is an alien who is
excluded within the meaning of this section. For purposes of
this section, the term `alien' includes an excluded stowaway.
The provisions of this section concerning the deportation of an
excluded alien shall apply to the deportation of a stowaway
under section 273(d).''.
(c) Carrier Liability for Costs of Detention.--Section 273(d) (8
U.S.C. 1323(d)) is amended to read as follows:
``(d)(1) It shall be the duty of the owner, charterer, agent,
consignee, commanding officer, or master of any vessel or aircraft
arriving at the United States from any place outside the United States
to detain on board or at such other place as may be designated by an
immigration officer any alien stowaway until such stowaway has been
inspected by an immigration officer.
``(2) Upon inspection of an alien stowaway by an immigration
officer, the Attorney General may by regulation take immediate custody
of any stowaway and shall charge the owner, charterer, agent,
consignee, commanding officer, or master of the vessel or aircraft on
which the stowaway has arrived the costs of detaining the stowaway.
``(3) It shall be the duty of the owner, charterer, agent,
consignee, commanding officer, or master of any vessel or aircraft
arriving at the United States from any place outside the United States
to deport any alien stowaway on the vessel or aircraft on which such
stowaway arrived or on another vessel or aircraft at the expense of the
vessel or aircraft on which such stowaway arrived when required to do
so by an immigration officer.
``(4) Any person who fails to comply with paragraph (1) or (3),
shall be subject to a fine of $5,000 for each alien for each failure to
comply, payable to the Commissioner. The Commissioner shall deposit
amounts received under this paragraph as offsetting collections to the
applicable appropriations account of the Service. Pending final
determination of liability for such fine, no such vessel or aircraft
shall be granted clearance, except that clearance may be granted upon
the deposit of a sum sufficient to cover such fine, or of a bond with
sufficient surety to secure the payment thereof approved by the
Commissioner.
``(5) An alien stowaway inspected upon arrival shall be considered
an excluded alien under this Act.
``(6) The provisions of section 235 for detention of aliens for
examination before a special inquiry officer and the right of appeal
provided for in section 236 shall not apply to aliens who arrive as
stowaways, and no such aliens shall be permitted to land in the United
States, except temporarily for medical treatment, or pursuant to such
regulations as the Attorney General may prescribe for the departure,
removal, or deportation of such alien from the United States.
``(7) A stowaway may apply for asylum under section 208 or
withholding of deportation under section 243(h), pursuant to such
regulations as the Attorney General may establish.''.
SEC. 152. PILOT PROGRAM ON INTERIOR REPATRIATION AND OTHER METHODS TO
DETER MULTIPLE UNLAWFUL ENTRIES.
(a) Establishment.--Not later than 180 days after the date of the
enactment of this Act, the Attorney General, after consultation with
the Secretary of State, shall establish a pilot program for up to two
years which provides for methods to deter multiple unlawful 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 unlawful entries
into the United States.
(b) Report.--Not later than 35 months after the date of the
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.
SEC. 153. PILOT PROGRAM ON USE OF CLOSED MILITARY BASES FOR THE
DETENTION OF EXCLUDABLE OR DEPORTABLE ALIENS.
(a) Establishment.--The Attorney General and the Secretary of
Defense shall jointly establish a pilot program for up to two years to
determine the feasibility of the use of military bases available
through the defense base realignment and closure process as detention
centers for the Immigration and Naturalization Service.
(b) Report.--Not later than 35 months after the date of the
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, the
Committee on National Security of the House of Representatives, and the
Committee on Armed Services of the Senate, on the feasibility of using
military bases closed through the defense base realignment and closure
process as detention centers by the Immigration and Naturalization
Service.
SEC. 154. PHYSICAL AND MENTAL EXAMINATIONS.
Section 234 (8 U.S.C. 1224) is amended to read as follows:
``physical and mental examinations
``Sec. 234. (a) Aliens Covered.--Each alien within any of the
following classes of aliens who is seeking entry into the United States
shall undergo a physical and mental examination in accordance with this
section:
``(1) Aliens applying for visas for admission to the United
States for permanent residence.
``(2) Aliens seeking admission to the United States for
permanent residence for whom examinations were not made under
paragraph (1).
``(3) Aliens within the United States seeking adjustment of
status under section 245 to that of aliens lawfully admitted to
the United States for permanent residence.
``(4) Alien crewmen entering or in transit across the
United States.
``(b) Description of Examination.--(1) Each examination required by
subsection (a) shall include--
``(A) an examination of the alien for any physical or
mental defect or disease and a certification of medical
findings made in accordance with subsection (d); and
``(B) an assessment of the vaccination record of the alien
in accordance with subsection (e).
``(2) The Secretary of Health and Human Services shall prescribe
such regulations as may be necessary to carry out the medical
examinations required by subsection (a).
``(c) Medical Examiners.--
``(1) Medical officers.--(A) Except as provided in
paragraphs (2) and (3), examinations under this section shall
be conducted by medical officers of the United States Public
Health Services.
``(B) Medical officers of the United States Public Health
Service who have had specialized training in the diagnosis of
insanity and mental defects shall be detailed for duty or
employed at such ports of entry as the Secretary may designate,
in consultation with the Attorney General.
``(2) Civil surgeons.--(A) Whenever medical officers of the
United States Public Health Service are not available to
perform examinations under this section, the Attorney General,
in consultation with the Secretary, shall designate civil
surgeons to perform the examinations.
``(B) Each civil surgeon designated under subparagraph (A)
shall--
``(i) have at least 4 years of professional
experience unless the Secretary determines that special
or extenuating circumstances justify the designation of
an individual having a lesser amount of professional
experience; and
``(ii) satisfy such other eligibility requirements
as the Secretary may prescribe.
``(3) Panel physicians.--In the case of examinations under
this section abroad, the medical examiner shall be a panel
physician designated by the Secretary of State, in consultation
with the Secretary.
``(d) Certification of Medical Findings.--The medical examiners
shall certify for the information of immigration officers and special
inquiry officers, or consular officers, as the case may be, any
physical or mental defect or disease observed by such examiners in any
such alien.
``(e) Vaccination Assessment.--(1) The assessment referred to in
subsection (b)(1)(B) is an assessment of the alien's record of required
vaccines for preventable diseases, including mumps, measles, rubella,
polio, tetanus, diphtheria toxoids, pertussis, hemophilus-influenza
type B, hepatitis type B, as well as any other diseases specified as
vaccine-preventable by the Advisory Committee on Immunization
Practices.
``(2) Medical examiners shall educate aliens on the importance of
immunizations and shall create an immunization record for the alien at
the time of examination.
``(3)(A) Each alien who has not been vaccinated against measles,
and each alien under the age of 5 years who has not been vaccinated
against polio, must receive such vaccination, unless waived by the
Secretary, and must receive any other vaccination determined necessary
by the Secretary prior to arrival in the United States.
``(B) Aliens who have not received the entire series of
vaccinations prescribed in paragraph (1) (other than measles) shall
return to a designated civil surgeon within 30 days of arrival in the
United States, or within 30 days of adjustment of status, for the
remainder of the vaccinations.
``(f) Appeal of Medical Examination Findings.--Any alien determined
to have a health-related grounds of exclusion under paragraph (1) of
section 212(a) may appeal that determination to a board of medical
officers of the Public Health Service, which shall be convened by the
Secretary. The alien may introduce at least one expert medical witness
before the board at his or her own cost and expense.
``(g) Funding.--(1)(A) The Attorney General shall impose a fee upon
any person applying for adjustment of status to that of an alien
lawfully admitted to permanent residence under section 209, 210, 245,
or 245A, and the Secretary of State shall impose a fee upon any person
applying for a visa at a United States consulate abroad who is required
to have a medical examination in accordance with subsection (a).
``(B) The amounts of the fees required by subparagraph (A) shall be
established by the Secretary, in consultation with the Attorney General
and the Secretary of State, as the case may be, and shall be set at
such amounts as may be necessary to recover the full costs of
establishing and administering the civil surgeon and panel physician
programs, including the costs to the Service, the Department of State,
and the Department of Health and Human Services for any additional
expenditures associated with the administration of the fees collected.
``(2)(A) The fees imposed under paragraph (1) may be collected as
separate fees or as surcharges to any other fees that may be collected
in connection with an application for adjustment of status under
section 209, 210, 245, or 245A, for a visa, or for a waiver of
excludability under paragraph (1) or (2) of section 212(g), as the case
may be.
``(B) The provisions of the Act of August 18, 1856 (Revised
Statutes 1726-28, 22 U.S.C. 4212-14), concerning accounting for
consular fees, shall not apply to fees collected by the Secretary of
State under this section.
``(3)(A) There is established on the books of the Treasury of the
United States a separate account which shall be known as the `Medical
Examinations Fee Account'.
``(B) There shall be deposited as offsetting receipts into the
Medical Examinations Fee Account all fees collected under paragraph
(1), to remain available until expended.
``(C) Amounts in the Medical Examinations Fee Account shall be
available only to reimburse any appropriation currently available for
the programs established by this section.
``(h) Definitions.--As used in this section--
``(1) the term `medical examiner' refers to a medical
officer, civil surgeon, or panel physician, as described in
subsection (c); and
``(2) the term `Secretary' means the Secretary of Health
and Human Services.''.
SEC. 155. CERTIFICATION REQUIREMENTS FOR FOREIGN HEALTH-CARE WORKERS.
(a) In General.--Section 212(a) (8 U.S.C. 1182(a)) is amended--
(1) by redesignating paragraph (9) as paragraph (10); and
(2) by inserting after paragraph (8) the following new
paragraph:
``(9) Uncertified foreign health-care workers.--(A) Any
alien who seeks to enter the United States for the purpose of
performing labor as a health-care worker, other than a
physician, is excludable unless the alien presents to the
consular officer, or, in the case of an adjustment of status,
the Attorney General, a certificate from the Commission on
Graduates of Foreign Nursing Schools, or a certificate from an
equivalent independent credentialing organization approved by
the Attorney General in consultation with the Secretary of
Health and Human Services, verifying that--
``(i) the alien's education, training, license, and
experience--
``(I) meet all applicable statutory and
regulatory requirements for entry into the
United States under the classification
specified in the application;
``(II) are comparable with that required
for an American health-care worker of the same
type; and
``(III) are authentic and, in the case of a
license, unencumbered;
``(ii) the alien has the level of competence in
oral and written English considered by the Secretary of
Health and Human Services, in consultation with the
Secretary of Education, to be appropriate for health
care work of the kind in which the alien will be
engaged, as shown by an appropriate score on one or
more nationally recognized, commercially available,
standardized assessments of the applicant's ability to
speak and write; and
``(iii) if a majority of States licensing the
profession in which the alien intends to work recognize
a test predicting the success on the profession's
licensing and certification examination, the alien has
passed such a test.
``(B) For purposes of subparagraph (A)(ii), determination
of the standardized tests required and of the minimum scores
that are appropriate are within the sole discretion of the
Secretary of Health and Human Services and are not subject to
further administrative or judicial review.''.
(b) Conforming Amendments.--
(1) Section 101(f)(3) is amended by striking ``(9)(A) of
section 212(a)'' and inserting ``(10)(A) of section 212(a)''.
(2) Section 212(c) is amended by striking ``(9)(C)'' and
inserting ``(10)(C)''.
SEC. 156. INCREASED BAR TO REENTRY FOR ALIENS PREVIOUSLY REMOVED.
(a) In General.--Section 212(a)(6) (8 U.S.C. 1182(a)(6)) is
amended--
(1) in subparagraph (A)--
(A) by striking ``one year'' and inserting ``five
years''; and
(B) by inserting ``, or within 20 years of the date
of any second or subsequent deportation,'' after
``deportation'';
(2) in subparagraph (B)--
(A) by redesignating clauses (ii), (iii), and (iv)
as clauses (iii), (iv), and (v), respectively;
(B) by inserting after clause (i) the following new
clause;
``(ii) has departed the United States while
an order of deportation is outstanding,'';
(C) by striking ``or'' after ``removal,''; and
(D) by inserting ``or (c) who seeks admission
within 20 years of a second or subsequent deportation
or removal,'' after ``felony,''.
(b) Reentry of Deported Alien.--Section 276(a)(1) (8 U.S.C.
1326(a)(1)) is amended to read as follows:
``(1) has been arrested and deported, has been excluded and
deported, or has departed the United States while an order of
exclusion or deportation is outstanding, and thereafter''.
SEC. 157. ELIMINATION OF CONSULATE SHOPPING FOR VISA OVERSTAYS.
(a) In General.--Section 222 (8 U.S.C. 1202) is amended by adding
at the end the following new subsection:
``(g)(1) In the case of an alien who has entered and remained in
the United States beyond the authorized period of stay, the alien's
nonimmigrant visa shall thereafter be invalid for reentry into the
United States.
``(2) An alien described in paragraph (1) shall be ineligible to be
readmitted to the United States as a nonimmigrant subsequent to the
expiration of the alien's authorized period of stay, except--
``(A) on the basis of a visa issued in a consular office
located in the country of the alien's nationality (or, if there
is no office in such country, in such other consular office as
the Secretary of State shall specify); or
``(B) where extraordinary circumstances are found by the
Secretary of State to exist.''.
(b) Effective Date.--The amendment made by this section shall apply
to visas issued before, on, or after the date of the enactment of this
Act.
SEC. 158. INCITEMENT AS A BASIS FOR EXCLUSION FROM THE UNITED STATES.
Section 212(a)(3)(B) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(3)(B)), is amended--
(1) by striking ``or'' at the end of clause (i)(I);
(2) in clause (i)(II), by inserting ``or'' at the end; and
(3) by inserting after clause (i)(II) the following new
subclause:
``(III) has, under circumstances
indicating an intention to cause death
or serious bodily harm, incited
terrorism, engaged in targeted racial
vilification, or advocated the
overthrow of the United States
Government or death or serious bodily
harm to any United States citizen or
United States Government official,''.
SEC. 159. CONFORMING AMENDMENT TO WITHHOLDING OF DEPORTATION.
Section 243(h) (8 U.S.C. 1253(h)) is amended by adding at the end
the following new paragraph:
``(3) The Attorney General may refrain from deporting any
alien if the Attorney General determines that--
``(A) such alien's life or freedom would be
threatened, in the country to which such alien would be
deported or returned, on account of race, religion,
nationality, membership in a particular social group,
or political opinion, and
``(B) deporting such alien would violate the 1967
United Nations Protocol relating to the Status of
Refugees.''.
PART 5--CRIMINAL ALIENS
SEC. 161. AMENDED DEFINITION OF AGGRAVATED FELONY.
(a) In General.--Section 101(a)(43) (8 U.S.C. 1101(a)(43)) is
amended--
(1) in subparagraph (D), by striking ``$100,000'' and
inserting ``$10,000'';
(2) in subparagraphs (F), (G), and (O), by striking ``is at
least 5 years'' each place it appears and inserting ``at least
one year'';
(3) in subparagraph (J)--
(A) by striking ``sentence of 5 years'
imprisonment'' and inserting ``sentence of one year
imprisonment''; and
(B) by striking ``offense described'' and inserting
``offense described in section 1084 of title 18 (if it
is a second or subsequent offense), section 1955 of
such title (relating to gambling offenses), or'';
(4) in subparagraph (K)--
(A) by striking ``or'' at the end of clause (i);
(B) by adding ``or'' at the end of clause (ii); and
(C) by adding at the end the following new clause:
``(iii) is described in section 2421, 2422,
or 2423 of title 18, United States Code
(relating to transportation for the purpose of
prostitution), if committed for commercial
advantage.'';
(5) in subparagraph (L)--
(A) by striking ``or'' at the end of clause (i);
(B) by inserting ``or'' at the end of clause (ii);
and
(C) by adding at the end the following new clause:
``(iii) section 601 of the National
Security Act of 1947 (relating to protecting
the identity of undercover agents)'';
(6) in subparagraph (M), by striking ``$200,000'' each
place it appears and inserting ``$10,000'';
(7) in subparagraph (N)--
(A) by striking ``of title 18, United States
Code''; and
(B) by striking ``for the purpose of commercial
advantage'' and inserting the following: ``, except,
for a first offense, if the alien has affirmatively
shown that the alien committed the offense for the
purpose of assisting, abetting, or aiding only the
alien's spouse, child, or parent (and no other
individual) to violate a provision of this Act'';
(8) in subparagraph (O), by striking ``which constitutes''
and all that follows up to the semicolon at the end and
inserting the following: ``, except, for a first offense, if
the alien has affirmatively shown that the alien committed the
offense for the purpose of assisting, abetting, or aiding only
the alien's spouse, child, or parent (and no other individual)
to violate a provision of this Act'';
(9) by redesignating subparagraphs (P) and (Q) as
subparagraphs (R) and (S), respectively;
(10) by inserting after subparagraph (O) the following new
subparagraphs:
``(P) any offense relating to commercial bribery,
counterfeiting, forgery, or trafficking in vehicles
whose identification numbers have been altered for
which the term of imprisonment imposed (regardless of
any suspension of imprisonment) is at least one year;
``(Q) any offense relating to perjury or
subornation of perjury for which the term of
imprisonment imposed (regardless of any suspension of
imprisonment) is at least one year;'' and
(11) in subparagraph (R) (as redesignated), by striking
``15'' and inserting ``5''.
(b) Effective Date of Definition.--Section 101(a)(43) (8 U.S.C.
1101(a)(43)) is amended by adding at the end the following new
sentence: ``Notwithstanding any other provision of law, the term
applies regardless of whether the conviction was entered before, on, or
after the date of enactment of this paragraph, except that, for
purposes of section 242(f)(2), the term has the same meaning as was in
effect under this paragraph on the date the offense was committed.''.
(c) Application to Withholding of Deportation.--Section 243(h) (8
U.S.C. 1253(h)), as amended by section 159 of this Act, is further
amended in paragraph (2) by striking the last sentence and inserting
the following: ``For purposes of subparagraph (B), an alien shall be
considered to have committed a particularly serious crime if such alien
has been convicted of one or more of the following:
``(1) An aggravated felony, or attempt or conspiracy to
commit an aggravated felony, for which the term of imprisonment
imposed (regardless of any suspension of imprisonment) is at
least one year.
``(2) An offense described in subparagraph (A), (B), (C),
(E), (H), (I), (J), (L), or subparagraph (K)(ii), of section
101(a)(43), or an attempt or conspiracy to commit an offense
described in one or more of such subparagraphs.''.
SEC. 162. INELIGIBILITY OF AGGRAVATED FELONS FOR ADJUSTMENT OF STATUS.
Section 244(c) (8 U.S.C. 1254(c)), as amended by section 150 of
this Act, is further amended by adding at the end the following new
sentence: ``No person who has been convicted of an aggravated felony
shall be eligible for relief under this subsection.''.
SEC. 163. EXPEDITIOUS DEPORTATION CREATES NO ENFORCEABLE RIGHT FOR
AGGRAVATED FELONS.
Section 225 of the Immigration and Nationality Technical
Corrections Act of 1994 (Public Law 103-416) is amended by striking
``section 242(i) of the Immigration and Nationality Act (8 U.S.C.
1252(i))'' and inserting ``sections 242(i) or 242A of the Immigration
and Nationality Act (8 U.S.C. 1252(i) or 1252a)''.
SEC. 164. CUSTODY OF ALIENS CONVICTED OF AGGRAVATED FELONIES.
(a) Exclusion and Deportation.--Section 236 (8 U.S.C. 1226) is
amended in subsection (e)(2) by inserting after ``unless'' the
following: ``(A) the Attorney General determines, pursuant to section
3521 of title 18, United States Code, that release from custody is
necessary to provide protection to a witness, a potential witness, a
person cooperating with an investigation into major criminal activity,
or an immediate family member or close associate of a witness,
potential witness, or person cooperating with such an investigation,
and that after such release the alien would not be a threat to the
community, or (B)''.
(b) Custody Upon Release From Incarceration.--Section 242(a)(2) (8
U.S.C. 1252(a)(2)) is amended to read as follows:
``(2)(A) The Attorney General shall take into custody any specially
deportable criminal alien upon release of the alien from incarceration
and shall deport the alien as expeditiously as possible.
Notwithstanding any other provision of law, the Attorney General shall
not release such felon from custody.
``(B) The Attorney General shall have sole and unreviewable
discretion to waive subparagraph (A) for aliens who are cooperating
with law enforcement authorities or for purposes of national
security.''.
(c) Period in Which To Effect Alien's Departure.--Section 242(c) is
amended--
(1) in the first sentence--
(A) by striking ``(c)'' and inserting ``(c)(1)'';
and
(B) by inserting ``(other than an alien described
in paragraph (2))''; and
(2) by adding at the end the following new paragraphs:
``(2)(A) When a final order of deportation is made against any
specially deportable criminal alien, the Attorney General shall have a
period of 30 days from the later of--
``(i) the date of such order, or
``(ii) the alien's release from incarceration,
within which to effect the alien's departure from the United States.
``(B) The Attorney General shall have sole and unreviewable
discretion to waive subparagraph (A) for aliens who are cooperating
with law enforcement authorities or for purposes of national security.
``(3) Nothing in this subsection shall be construed as providing a
right enforceable by or on behalf of any alien to be released from
custody or to challenge the alien's deportation.''.
(d) Criminal Penalty for Unlawful Reentry.--Section 242(f) of the
Immigration and Nationality Act (8 U.S.C. 1252(f)) is amended--
(1) by inserting ``(1)'' immediately after ``(f)''; and
(2) by adding at the end the following new paragraph:
``(2) Any alien who has unlawfully reentered or is found in the
United States after having previously been deported subsequent to a
conviction for any criminal offense covered in section 241(a)(2)
(A)(iii), (B), (C), or (D), or two or more offenses described in clause
(ii) of section 241(a)(2)(A), at least two of which resulted in a
sentence or confinement described in section 241(a)(2)(A)(i)(II),
shall, in addition to the punishment provided for any other crime, be
punished by imprisonment of not less than 15 years.''.
(e) Definition.--Section 242 (8 U.S.C. 1252) is amended by adding
at the end the following new subsection:
``(k) For purposes of this section, the term `specially deportable
criminal alien' means any alien convicted of an offense described in
subparagraph (A)(iii), (B), (C), or (D) of section 241(a)(2), or two or
more offenses described in section 241(a)(2)(A)(ii), at least two of
which resulted in a sentence or confinement described in section
241(a)(2)(A)(i)(II).''.
SEC. 165. JUDICIAL DEPORTATION.
(a) In General.--Section 242A (8 U.S.C. 1252a(d)) is amended--
(1) by redesignating subsection (d) as subsection (c); and
(2) in subsection (c), as redesignated--
(A) by striking paragraph (1) and inserting the
following:
``(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--
``(A) whose criminal conviction causes such
alien to be deportable under section
241(a)(2)(A)(iii) (relating to conviction of an
aggravated felony);
``(B) who has at any time been convicted of
a violation of section 276 (a) or (b) (relating
to reentry of a deported alien);
``(C) who has at any time been convicted of
a violation of section 275 (relating to entry
of an alien at an improper time or place and to
misrepresentation and concealment of facts); or
``(D) who is otherwise deportable pursuant
to any of the paragraphs (1) through (5) of
section 241(a).
A United States Magistrate shall have jurisdiction to
enter a judicial order of deportation at the time of
sentencing where the alien has been convicted of a
misdemeanor offense and the alien is deportable under
this Act.''; and
(B) by adding at the end the following new
paragraphs:
``(5) State court finding of deportability.--(A) On motion
of the prosecution or on the court's own motion, any State
court with jurisdiction to enter judgments in criminal cases is
authorized to make a finding that the defendant is deportable
as a specially deportable criminal alien (as defined in section
242(k)).
``(B) The finding of deportability under subparagraph (A),
when incorporated in a final judgment of conviction, shall for
all purposes be conclusive on the alien and may not be
reexamined by any agency or court, whether by habeas corpus or
otherwise. The court shall notify the Attorney General of any
finding of deportability.
``(6) Stipulated judicial order of deportation.--The United
States Attorney, with the concurrence of the Commissioner, may,
pursuant to Federal Rule of Criminal Procedure 11, enter into a
plea agreement which calls for the alien, who is deportable
under this Act, to waive the right to notice and a hearing
under this section, and stipulate to the entry of a judicial
order of deportation from the United States as a condition of
the plea agreement or as a condition of probation or supervised
release, or both. The United States District Court, in both
felony and misdemeanor cases, and the United States Magistrate
Court in misdemeanors cases, may accept such a stipulation and
shall have jurisdiction to enter a judicial order of
deportation pursuant to the terms of such stipulation.''.
(b) Conforming Amendments.--(1) Section 512 of the Immigration Act
of 1990 is amended by striking ``242A(d)'' and inserting ``242A(c)''.
(2) Section 130007(a) of the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322) is amended by striking
``242A(d)'' and inserting ``242A(c)''.
SEC. 166. STIPULATED EXCLUSION OR DEPORTATION.
(a) Exclusion and Deportation.--Section 236 (8 U.S.C. 1226) is
amended by adding at the end the following new subsection:
``(f) The Attorney General shall provide by regulation for the
entry by a special inquiry officer of an order of exclusion and
deportation stipulated to by the alien and the Service. Such an order
may be entered without a personal appearance by the alien before the
special inquiry officer. A stipulated order shall constitute a
conclusive determination of the alien's excludability and deportability
from the United States.''.
(b) Apprehension and Deportation.--Section 242 (8 U.S.C. 1252) is
amended in subsection (b)--
(1) by redesignating paragraphs (1), (2), (3), and (4) as
subparagraphs (A), (B), (C), and (D), respectively;
(2) by inserting ``(1)'' immediately after ``(b)'';
(3) by striking the sentence beginning with ``Except as
provided in section 242A(d)'' and inserting the following:
``(2) The Attorney General shall further provide by regulation for
the entry by a special inquiry officer of an order of deportation
stipulated to by the alien and the Service. Such an order may be
entered without a personal appearance by the alien before the special
inquiry officer. A stipulated order shall constitute a conclusive
determination of the alien's deportability from the United States.
``(3) The procedures prescribed in this subsection and in section
242A(c) shall be the sole and exclusive procedures for determining the
deportability of an alien.''; and
(4) by redesignating the tenth sentence as paragraph (4);
and
(5) by redesignating the eleventh and twelfth sentences as
paragraph (5).
(c) Conforming Amendments.--(1) Section 106(a) is amended by
striking ``section 242(b)'' and inserting ``section 242(b)(1)''.
(2) Section 212(a)(6)(B)(iv) is amended by striking ``section
242(b)'' and inserting ``section 242(b)(1)''.
(3) Section 242(a)(1) is amended by striking ``subsection (b)'' and
inserting ``subsection (b)(1)''.
(4) Section 242A(b)(1) is amended by striking ``section 242(b)''
and inserting ``section 242(b)(1)''.
(5) Section 242A(c)(2)(D)(ii), as redesignated by section 165 of
this Act, is amended by striking ``section 242(b)'' and inserting
``section 242(b)(1)''.
(6) Section 4113(a) of title 18, United States Code, is amended by
striking ``section 1252(b)'' and inserting ``section 1252(b)(1)''.
(7) Section 1821(e) of title 28, United States Code, is amended by
striking ``section 242(b) of such Act (8 U.S.C. 1252(b))'' and
inserting ``section 242(b)(1) of such Act (8 U.S.C. 1252(b)(1))''.
(8) Section 242B(c)(1) is amended by striking ``section 242(b)(1)''
and inserting ``section 242(b)(4)''.
(9) Section 242B(e)(2)(A) is amended by striking ``section
242(b)(1)'' and inserting ``section 242(b)(4)''.
(10) Section 242B(e)(5)(A) is amended by striking ``section
242(b)(1)'' and inserting ``section 242(b)(4)''.
SEC. 167. DEPORTATION AS A CONDITION OF PROBATION.
Section 3563(b) of title 18, United States Code, is amended--
(1) by striking ``or'' at the end of paragraph (21);
(2) by striking the period at the end of paragraph (22) and
inserting ``; or''; and
(3) by adding at the end the following new paragraph:
``(23) be ordered deported by a United States District
Court, or United States Magistrate Court, pursuant to a
stipulation entered into by the defendant and the United States
under section 242A(c) of the Immigration and Nationality Act (8
U.S.C. 1252a(c)), except that, in the absence of a stipulation,
the United States District Court or the United States
Magistrate Court, may order deportation as a condition of
probation, if, after notice and hearing pursuant to section
242A(c) of the Immigration and Nationality Act, the Attorney
General demonstrates by clear and convincing evidence that the
alien is deportable.''.
SEC. 168. ANNUAL REPORT ON CRIMINAL ALIENS.
Not later than 12 months after the date of the enactment of this
Act, and annually thereafter, the Attorney General shall submit to the
Committees on the Judiciary of the House of Representatives and of the
Senate a report detailing--
(1) the number of illegal aliens incarcerated in Federal
and State prisons for having committed felonies, stating the
number incarcerated for each type of offense;
(2) the number of illegal aliens convicted for felonies in
any Federal or State court, but not sentenced to incarceration,
in the year before the report was submitted, stating the number
convicted for each type of offense;
(3) programs and plans underway in the Department of
Justice to ensure the prompt removal from the United States of
criminal aliens subject to exclusion or deportation; and
(4) methods for identifying and preventing the unlawful
reentry of aliens who have been convicted of criminal offenses
in the United States and removed from the United States.
SEC. 169. UNDERCOVER INVESTIGATION AUTHORITY.
(a) Authorities.--(1) In order to conduct any undercover
investigative operation of the Immigration and Naturalization Service
which is necessary for the detection and prosecution of crimes against
the United States, the Service is authorized--
(A) to lease space within the United States, the District
of Columbia, and the territories and possessions of the United
States without regard to section 3679(a) of the Revised
Statutes (31 U.S.C. 1341), section 3732(a) of the Revised
Statutes (41 U.S.C. 11(a)), section 305 of the Act of June 30,
1949 (63 Stat. 396; 41 U.S.C. 255), the third undesignated
paragraph under the heading ``Miscellaneous'' of the Act of
March 3, 1877 (19 Stat. 370; 40 U.S.C. 34), section 3648 of the
Revised Statutes (31 U.S.C. 3324), section 3741 of the Revised
Statutes (41 U.S.C. 22), and subsections (a) and (c) of section
304 of the Federal Property and Administrative Services Act of
1949 (63 Stat. 395; 41 U.S.C. 254 (a) and (c));
(B) to establish or to acquire proprietary corporations or
business entities as part of an undercover operation, and to
operate such corporations or business entities on a commercial
basis, without regard to the provisions of section 304 of the
Government Corporation Control Act (31 U.S.C. 9102);
(C) to deposit funds, including the proceeds from such
undercover operation, in banks or other financial institutions
without regard to the provisions of section 648 of title 18 of
the United States Code, and section 3639 of the Revised
Statutes (31 U.S.C. 3302); and
(D) to use the proceeds from such undercover operations to
offset necessary and reasonable expenses incurred in such
operations without regard to the provisions of section 3617 of
the Revised Statutes (31 U.S.C. 3302).
(2) The authorization set forth in paragraph (1) may be exercised
only upon written certification of the Commissioner of the Immigration
and Naturalization Service, in consultation with the Deputy Attorney
General, that any action authorized by paragraph (1) (A), (B), (C), or
(D) is necessary for the conduct of such undercover operation.
(b) Unused Funds.--As soon as practicable after the proceeds from
an undercover investigative operation, carried out under paragraph (1)
(C) or (D) of subsection (a), are no longer necessary for the conduct
of such operation, such proceeds or the balance of such proceeds
remaining at the time shall be deposited into the Treasury of the
United States as miscellaneous receipts.
(c) Report.--If a corporation or business entity established or
acquired as part of an undercover operation under subsection (a)(1)(B)
with a net value of over $50,000 is to be liquidated, sold, or
otherwise disposed of, the Immigration and Naturalization Service, as
much in advance as the Commissioner or his or her designee determine
practicable, shall report the circumstances to the Attorney General,
the Director of the Office of Management and Budget, and the
Comptroller General of the United States. The proceeds of the
liquidation, sale, or other disposition, after obligations are met,
shall be deposited in the Treasury of the United States as
miscellaneous receipts.
(d) Audits.--The Immigration and Naturalization Service shall
conduct detailed financial audits of closed undercover operations on a
quarterly basis and shall report the results of the audits in writing
to the Deputy Attorney General.
SEC. 170. PRISONER TRANSFER TREATIES.
(a) Negotiations With Other Countries.--(1) Congress advises the
President to begin to negotiate and renegotiate, not later than 90 days
after the date of enactment of this Act, bilateral prisoner transfer
treaties, providing for the incarceration, in the country of the
alien's nationality, of any alien who--
(A) is a national of a country that is party to such a
treaty; and
(B) has been convicted of a criminal offense under Federal
or State law and who--
(i) is not in lawful immigration status in the
United States, or
(ii) on the basis of conviction for a criminal
offense under Federal or State law, or on any other
basis, is subject to deportation under the Immigration
and Nationality Act,
for the duration of the prison term to which the alien was sentenced
for the offense referred to in subparagraph (B). Any such agreement may
provide for the release of such alien pursuant to parole procedures of
that country.
(2) In entering into negotiations under paragraph (1), the
President may consider providing for appropriate compensation, subject
to the availability of appropriations, in cases where the United States
is able to independently verify the adequacy of the sites where aliens
will be imprisoned and the length of time the alien is actually
incarcerated in the foreign country under such a treaty.
(b) Sense of Congress.--It is the sense of the Congress that--
(1) the focus of negotiations for such agreements should
be--
(A) to expedite the transfer of aliens unlawfully
in the United States who are (or are about to be)
incarcerated in United States prisons,
(B) to ensure that a transferred prisoner serves
the balance of the sentence imposed by the United
States courts,
(C) to eliminate any requirement of prisoner
consent to such a transfer, and
(D) to allow the Federal Government or the States
to keep their original prison sentences in force so
that transferred prisoners who return to the United
States prior to the completion of their original United
States sentences can be returned to custody for the
balance of their prisons sentences;
(2) the Secretary of State should give priority to
concluding an agreement with any country for which the
President determines that the number of aliens described in
subsection (a) who are nationals of that country in the United
States represents a significant percentage of all such aliens
in the United States; and
(3) no new treaty providing for the transfer of aliens from
Federal, State, or local incarceration facilities to a foreign
incarceration facility should permit the alien to refuse the
transfer.
(c) Prisoner Consent.--Notwithstanding any other provision of law,
except as required by treaty, the transfer of an alien from a Federal,
State, or local incarceration facility under an agreement of the type
referred to in subsection (a) shall not require consent of the alien.
(d) Annual Report.--Not later than 90 days after the date of the
enactment of this Act, and annually thereafter, the Attorney General
shall submit a report to the Committees on the Judiciary of the House
of Representatives and of the Senate stating whether each prisoner
transfer treaty to which the United States is a party has been
effective in the preceding 12 months in bringing about the return of
deportable incarcerated aliens to the country of which they are
nationals and in ensuring that they serve the balance of their
sentences.
(e) Training Foreign Law Enforcement Personnel.--(1) Subject to
paragraph (2), the President shall direct the Border Patrol Academy and
the Customs Service Academy to enroll for training an appropriate
number of foreign law enforcement personnel, and shall make
appointments of foreign law enforcement personnel to such academies, as
necessary to further the following United States law enforcement goals:
(A) prevention of drug smuggling and other cross-border
criminal activity;
(B) preventing illegal immigration; and
(C) preventing the illegal entry of goods into the United
States (including goods the sale of which is illegal in the
United States, the entry of which would cause a quota to be
exceeded, or which have not paid the appropriate duty or
tariff).
(2) The appointments described in paragraph (1) shall be made only
to the extent there is capacity in such academies beyond what is
required to train United States citizens needed in the Border Patrol
and Customs Service, and only of personnel from a country with which
the prisoner transfer treaty has been stated to be effective in the
most recent report referred to in subsection (d).
(f) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
SEC. 170A. PRISONER TRANSFER TREATIES STUDY.
(a) Report to Congress.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State and the Attorney
General shall submit to the Congress a report that describes the use
and effectiveness of the prisoner transfer treaties with the three
countries with the greatest number of their nationals incarcerated in
the United States in removing from the United States such incarcerated
nationals.
(b) Use of Treaty.--The report under subsection (a) shall include--
(1) the number of aliens convicted of a criminal offense in
the United States since November 30, 1977, who would have been
or are eligible for transfer pursuant to the treaties;
(2) the number of aliens described in paragraph (1) who
have been transferred pursuant to the treaties;
(3) the number of aliens described in paragraph (2) who
have been incarcerated in full compliance with the treaties;
(4) the number of aliens who are incarcerated in a penal
institution in the United States who are eligible for transfer
pursuant to the treaties; and
(5) the number of aliens described in paragraph (4) who are
incarcerated in Federal, State, and local penal institutions in
the United States.
(c) Recommendations.--The report under subsection (a) shall include
the recommendations of the Secretary of State and the Attorney General
to increase the effectiveness and use of, and full compliance with, the
treaties. In considering the recommendations under this subsection, the
Secretary and the Attorney General shall consult with such State and
local officials in areas disproportionately impacted by aliens
convicted of criminal offenses as the Secretary and the Attorney
General consider appropriate. Such recommendations shall address--
(1) changes in Federal laws, regulations, and policies
affecting the identification, prosecution, and deportation of
aliens who have committed criminal offenses in the United
States;
(2) changes in State and local laws, regulations, and
policies affecting the identification, prosecution, and
deportation of aliens who have committed a criminal offense in
the United States;
(3) changes in the treaties that may be necessary to
increase the number of aliens convicted of criminal offenses
who may be transferred pursuant to the treaties;
(4) methods for preventing the unlawful reentry into the
United States of aliens who have been convicted of criminal
offenses in the United States and transferred pursuant to the
treaties;
(5) any recommendations by appropriate officials of the
appropriate government agencies of such countries regarding
programs to achieve the goals of, and ensure full compliance
with, the treaties;
(6) whether the recommendations under this subsection
require the renegotiation of the treaties; and
(7) the additional funds required to implement each
recommendation under this subsection.
SEC. 170B. USING ALIEN FOR IMMORAL PURPOSES, FILING REQUIREMENT.
Section 2424 of title 18, United States Code, is amended--
(1) in the first undesignated paragraph of subsection (a)--
(A) by striking ``alien'' each place it appears;
(B) by inserting after ``individual'' the first
place it appears the following: ``, knowing or in
reckless disregard of the fact that the individual is
an alien''; and
(C) by striking ``within three years after that
individual has entered the United States from any
country, party to the arrangement adopted July 25,
1902, for the suppression of the white-slave traffic'';
(2) in the second undesignated paragraph of subsection
(a)--
(A) by striking ``thirty'' and inserting ``five
business''; and
(B) by striking ``within three years after that
individual has entered the United States from any
country, party to the said arrangement for the
suppression of the white-slave traffic,'';
(3) in the text following the third undesignated paragraph
of subsection (a), by striking ``two'' and inserting ``10'';
and
(4) in subsection (b), before the period at the end of the
second sentence, by inserting ``, or for enforcement of the
provisions of section 274A of the Immigration and Nationality
Act''.
SEC. 170C. TECHNICAL CORRECTIONS TO VIOLENT CRIME CONTROL ACT AND
TECHNICAL CORRECTIONS ACT.
(a) In General.--The second subsection (i) of section 245 (as added
by section 130003(c)(1) of the Violent Crime Control and Law
Enforcement Act of 1994; Public Law 103-322) is redesignated as
subsection (j) of such section.
(b) Conforming Amendment.--Section 241(a)(2)(A)(i)(I) (8 U.S.C.
1251(a)(2)(A)(i)(I)) is amended by striking ``section 245(i)'' and
inserting ``section 245(j)''.
(c) Denial of Judicial Order.--(1) Section 242A(c)(4), as
redesignated by section 165 of this Act, is amended by striking
``without a decision on the merits''.
(2) The amendment made by this subsection shall be effective as if
originally included in section 223 of the Immigration and Nationality
Technical Corrections Act of 1994 (Public Law 103-416).
SEC. 170D. DEMONSTRATION PROJECT FOR IDENTIFICATION OF ILLEGAL ALIENS
IN INCARCERATION FACILITY OF ANAHEIM, CALIFORNIA.
(a) Authority.--The Attorney General is authorized to conduct a
project demonstrating the feasibility of identifying illegal aliens
among those individuals who are incarcerated in local governmental
prison facilities prior to arraignment on criminal charges.
(b) Description of Project.--The project authorized by subsection
(a) shall include the detail to the city of Anaheim, California, of an
employee of the Immigration and Naturalization Service having expertise
in the identification of illegal aliens for the purpose of training
local officials in the identification of such aliens.
(c) Termination.--The authority of this section shall cease to be
effective 6 months after the date of the enactment of this Act.
(d) Definition.--As used in this section, the term ``illegal
alien'' means an alien in the United States who is not within any of
the following classes of aliens:
(1) Aliens lawfully admitted for permanent residence.
(2) Nonimmigrant aliens described in section 101(a)(15) of
the Immigration and Nationality Act.
(3) Refugees.
(4) Asylees.
(5) Parolees.
(6) Aliens having deportation withheld under section 243(h)
of the Immigration and Nationality Act.
(7) Aliens having temporary residence status.
PART 6--MISCELLANEOUS
SEC. 171. IMMIGRATION EMERGENCY PROVISIONS.
(a) Reimbursement of Federal Agencies From Immigration Emergency
Fund.--Section 404(b) (8 U.S.C. 1101 note) is amended--
(1) in paragraph (1)--
(A) after ``paragraph (2)'' by striking ``and'' and
inserting a comma,
(B) by striking ``State'' and inserting ``other
Federal agencies and States'',
(C) by inserting ``, and for the costs associated
with repatriation of aliens attempting to enter the
United States illegally, whether apprehended within or
outside the territorial sea of the United States''
before ``except'', and
(D) by adding at the end the following new
sentence: ``The fund may be used for the costs of such
repatriations without the requirement for a
determination by the President that an immigration
emergency exists.''; and
(2) in paragraph (2)(A)--
(A) by inserting ``to Federal agencies providing
support to the Department of Justice or'' after
``available''; and
(B) by inserting a comma before ``whenever''.
(b) Vessel Movement Controls.--Section 1 of the Act of June 15,
1917 (50 U.S.C. 191) is amended in the first sentence by inserting ``or
whenever the Attorney General determines that an actual or anticipated
mass migration of aliens en route to or arriving off the coast of the
United States presents urgent circumstances requiring an immediate
Federal response,'' after ``United States,'' the first place it
appears.
(c) Delegation of Immigration Enforcement Authority.--Section 103
(8 U.S.C. 1103) is amended by adding at the end of subsection (a) the
following new sentence: ``In the event the Attorney General determines
that an actual or imminent mass influx of aliens arriving off the coast
of the United States, or near a land border, presents urgent
circumstances requiring an immediate Federal response, the Attorney
General may authorize any specially designated State or local law
enforcement officer, with the consent of the head of the department,
agency, or establishment under whose jurisdiction the individual is
serving, to perform or exercise any of the powers, privileges, or
duties conferred or imposed by this Act or regulations issued
thereunder upon officers or employees of the Service.''.
SEC. 172. AUTHORITY TO DETERMINE VISA PROCESSING PROCEDURES.
Section 202(a)(1) (8 U.S.C. 1152(a)(1)) is amended--
(1) by inserting ``(A)'' after ``Nondiscrimination.--'';
and
(2) by adding at the end the following:
``(B) Nothing in this paragraph shall be construed to limit
the authority of the Secretary of State to determine the
procedures for the processing of immigrant visa applications or
the locations where such applications will be processed.''.
SEC. 173. JOINT STUDY OF AUTOMATED DATA COLLECTION.
(a) Study.--The Attorney General, together with the Secretary of
State, the Secretary of Agriculture, the Secretary of the Treasury, and
appropriate representatives of the air transport industry, shall
jointly undertake a study to develop a plan for making the transition
to automated data collection at ports of entry.
(b) Report.--Nine months after the date of enactment of this Act,
the Attorney General shall submit a report to the Committees on the
Judiciary of the Senate and the House of Representatives on the outcome
of this joint initiative, noting specific areas of agreement and
disagreement, and recommending further steps to be taken, including any
suggestions for legislation.
SEC. 174. AUTOMATED ENTRY-EXIT CONTROL SYSTEM.
Not later than 2 years after the date of the enactment of this Act,
the Attorney General shall develop an automated entry and exit control
system that will enable the Attorney General to identify, through on-
line searching procedures, lawfully admitted nonimmigrants who remain
in the United States beyond the period authorized by the Attorney
General.
SEC. 175. USE OF LEGALIZATION AND SPECIAL AGRICULTURAL WORKER
INFORMATION.
(a) Confidentiality of Information.--Section 245A(c)(5) (8 U.S.C.
1255a(c)(5)) is amended by striking ``except that the Attorney
General'' and inserting the following: ``except that the Attorney
General shall provide information furnished under this section to a
duly recognized law enforcement entity in connection with a criminal
investigation or prosecution, when such information is requested in
writing by such entity, or to an official coroner for purposes of
affirmatively identifying a deceased individual (whether or not such
individual is deceased as a result of a crime) and''.
(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 to a duly recognized law
enforcement entity in connection with a criminal investigation
or prosecution, when such information is requested in writing
by such entity, or to an official coroner for purposes of
affirmatively identifying a deceased individual (whether or not
such individual is deceased as a result of a crime).''.
SEC. 176. RESCISSION OF LAWFUL PERMANENT RESIDENT STATUS.
Section 246(a) (8 U.S.C. 1256(a)) is amended--
(1) by inserting ``(1)'' immediately after ``(a)''; and
(2) by adding at the end the following new sentence:
``Nothing in this subsection requires the Attorney General to
rescind the alien's status prior to commencement of procedures
to deport the alien under section 242 or 242A, and an order of
deportation issued by a special inquiry officer shall be
sufficient to rescind the alien's status.''.
SEC. 177. COMMUNICATION BETWEEN FEDERAL, STATE, AND LOCAL GOVERNMENT
AGENCIES, AND THE IMMIGRATION AND NATURALIZATION SERVICE.
Notwithstanding any other provision of Federal, State, or local
law, no Federal, State, or local government entity shall prohibit, or
in any way restrict, any government entity or any official within its
jurisdiction from sending to, or receiving from, the Immigration and
Naturalization Service information regarding the immigration status,
lawful or unlawful, of any person.
SEC. 178. AUTHORITY TO USE VOLUNTEERS.
(a) Acceptance of Donated Services.--Notwithstanding any other
provision of law, but subject to subsection (b), the Attorney General
may accept, administer, and utilize gifts of services from any person
for the purpose of providing administrative assistance to the
Immigration and Naturalization Service in administering programs
relating to naturalization, adjudications at ports of entry, and
removal of criminal aliens. Nothing in this section requires the
Attorney General to accept the services of any person.
(b) Limitation.--Such person may not administer or score tests and
may not adjudicate.
SEC. 179. AUTHORITY TO ACQUIRE FEDERAL EQUIPMENT FOR BORDER.
In order to facilitate or improve the detection, interdiction, and
reduction by the Immigration and Naturalization Service of illegal
immigration into the United States, the Attorney General is authorized
to acquire and utilize any Federal equipment (including, but not
limited to, fixed-wing aircraft, helicopters, four-wheel drive
vehicles, sedans, night vision goggles, night vision scopes, and sensor
units) determined available for transfer to the Department of Justice
by any other agency of the Federal Government upon request of the
Attorney General.
SEC. 180. LIMITATION ON LEGALIZATION LITIGATION.
(a) Limitation on Court Jurisdiction.--Section 245A(f)(4) is
amended by adding at the end the following new subparagraph:
``(C) Jurisdiction of courts.--Notwithstanding any other provision
of law, no court shall have jurisdiction of any cause of action or
claim by or on behalf of any person asserting an interest under this
section unless such person in fact filed an application under this
section within the period specified by subsection (a)(1), or attempted
to file a complete application and application fee with an authorized
legalization officer of the Immigration and Naturalization Service but
had the application and fee refused by that officer.''.
(b) Effective Date.--The amendment made by this section shall be
effective as if originally included in section 201 of the Immigration
Control and Financial Responsibility Act of 1986.
SEC. 181. LIMITATION ON ADJUSTMENT OF STATUS.
Section 245(c) (8 U.S.C. 1255(c)) is amended--
(1) by striking ``or (5)'' and inserting ``(5)''; and
(2) by inserting before the period at the end the
following: ``; (6) any alien who seeks adjustment of status as
an employment-based immigrant and is not in a lawful
nonimmigrant status; or (7) any alien who was employed while
the alien was an unauthorized alien, as defined in section
274A(h)(3), or who has otherwise violated the terms of a
nonimmigrant visa''.
SEC. 182. REPORT ON DETENTION SPACE.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Attorney General shall submit a report to
the Congress estimating the amount of detention space that would be
required on the date of enactment of this Act, in 5 years, and in 10
years, under various policies on the detention of aliens, including but
not limited to--
(1) detaining all excludable or deportable aliens who may
lawfully be detained;
(2) detaining all excludable or deportable aliens who
previously have been excluded, been deported, departed while an
order of exclusion or deportation was outstanding, voluntarily
departed under section 244, or voluntarily returned after being
apprehended while violating an immigration law of the United
States; and
(3) the current policy.
(b) Estimate of Number of Aliens Released Into the Community.--Such
report shall also estimate the number of excludable or deportable
aliens who have been released into the community in each of the 3 years
prior to the date of enactment of this Act under circumstances that the
Attorney General believes justified detention (for example, a
significant probability that the released alien would not appear, as
agreed, at subsequent exclusion or deportation proceedings), but a lack
of detention facilities required release.
SEC. 183. COMPENSATION OF IMMIGRATION JUDGES.
(a) Compensation.--
(1) In general.--There shall be four levels of pay for
special inquiry officers of the Department of Justice (in this
section referred to as ``immigration judges'') under the
Immigration Judge Schedule (designated as IJ-1, IJ-2, IJ-3, and
IJ-4, respectively), and each such judge shall be paid at one
of those levels, in accordance with the provisions of this
subsection.
(2) Rates of pay.--(A) The rates of basic pay for the
levels established under paragraph (1) shall be as follows:
IJ-1...........................
70 percent of the next to
highest rate of basic
pay for the Senior
Executive Service.
IJ-2...........................
80 percent of the next to
highest rate of basic
pay for the Senior
Executive Service.
IJ-3...........................
90 percent of the next to
highest rate of basic
pay for the Senior
Executive Service.
IJ-4...........................
92 percent of the next to
highest rate of basic
pay for the Senior
Executive Service.
(B) Locality pay, where applicable, shall be calculated
into the basic pay for immigration judges.
(3) Appointment.--(A) Upon appointment, an immigration
judge shall be paid at IJ-1, and shall be advanced to IJ-2 upon
completion of 104 weeks of service, to IJ-3 upon completion of
104 weeks of service in the next lower rate, and to IJ-4 upon
completion of 52 weeks of service in the next lower rate.
(B) The Attorney General may provide for appointment of an
immigration judge at an advanced rate under such circumstances
as the Attorney General may determine appropriate.
(4) Transition.--Judges serving on the Immigration Court as
of the effective date of this subsection shall be paid at the
rate that corresponds to the amount of time, as provided under
paragraph (3)(A), that they have served as an immigration
judge.
(b) Effective Date.--Subsection (a) shall take effect 90 days after
the date of the enactment of this Act.
SEC. 184. ACCEPTANCE OF STATE SERVICES TO CARRY OUT IMMIGRATION
ENFORCEMENT.
Section 287 (8 U.S.C. 1357) is amended by adding at the end the
following:
``(g)(1) Notwithstanding section 1342 of title 31, United States
Code, the Attorney General may enter into a written agreement with a
State, or any political subdivision of a State, pursuant to which an
officer or employee of the State or subdivision, who is determined by
the Attorney General to be qualified to perform a function of an
immigration officer in relation to the arrest or detention of aliens in
the United States (including the transportation of such aliens across
State lines to detention centers), may carry out such function at the
expense of the State or political subdivision and to the extent
consistent with State and local law.
``(2) An agreement under this subsection shall require that an
officer or employee of a State or political subdivision of a State
performing a function under the agreement shall have knowledge of, and
adhere to, Federal law relating to the function, and shall contain a
written certification that the officers or employees performing the
function under the agreement have received adequate training regarding
the enforcement of relevant Federal immigration laws.
``(3) In performing a function under this subsection, an officer or
employee of a State or political subdivision of a State shall be
subject to the direction and supervision of the Attorney General.
``(4) In performing a function under this subsection, an officer or
employee of a State or political subdivision of a State may use Federal
property or facilities, as provided in a written agreement between the
Attorney General and the State or subdivision.
``(5) With respect to each officer or employee of a State or
political subdivision who is authorized to perform a function under
this subsection, the specific powers and duties that may be, or are
required to be, exercised or performed by the individual, the duration
of the authority of the individual, and the position of the agency of
the Attorney General who is required to supervise and direct the
individual, shall be set forth in a written agreement between the
Attorney General and the State or political subdivision.
``(6) The Attorney General may not accept a service under this
subsection if the service will be used to displace any Federal
employee.
``(7) Except as provided in paragraph (8), an officer or employee
of a State or political subdivision of a State performing functions
under this subsection shall not be treated as a Federal employee for
any purpose other than for purposes of chapter 81 of title 5, United
States Code, (relating to compensation for injury) and sections 2671
through 2680 of title 28, United States Code (relating to tort claims).
``(8) An officer or employee of a State or political subdivision of
a State acting under color of authority under this subsection, or any
agreement entered into under this subsection, shall be considered to be
acting under color of Federal authority for purposes of determining the
liability, and immunity from suit, of the officer or employee in a
civil action brought under Federal or State law.
``(9) Nothing in this subsection shall be construed to require any
State or political subdivision of a State to enter into an agreement
with the Attorney General under this subsection.
``(10) Nothing in this subsection shall be construed to require an
agreement under this subsection in order for any officer or employee of
a State or political subdivision of a State--
``(A) to communicate with the Attorney General regarding
the immigration status of any individual, including reporting
knowledge that a particular alien is not lawfully present in
the United States; or
``(B) otherwise to cooperate with the Attorney General in
the identification, apprehension, detention, or removal of
aliens not lawfully present in the United States.''.
SEC. 185. ALIEN WITNESS COOPERATION.
Section 214(j)(1) of the Immigration and Nationality Act (8 U.S.C.
1184(j)(1)) (relating to numerical limitations on the number of aliens
that may be provided visas as nonimmigrants under section
101(a)(15)(5)(ii) of such Act) is amended--
(1) by striking ``100'' and inserting ``200''; and
(2) by striking ``25'' and inserting ``50''.
Subtitle B--Other Control Measures
PART 1--PAROLE AUTHORITY
SEC. 191. USABLE ONLY ON A CASE-BY-CASE BASIS FOR HUMANITARIAN REASONS
OR SIGNIFICANT PUBLIC BENEFIT.
Section 212(d)(5)(A) (8 U.S.C. 1182(d)(5)) is amended by striking
``for emergent reasons or for reasons deemed strictly in the public
interest'' and inserting ``on a case-by-case basis for urgent
humanitarian reasons or significant public benefit''.
SEC. 192. INCLUSION IN WORLDWIDE LEVEL OF FAMILY-SPONSORED IMMIGRANTS.
(a) In General.--Section 201(c) (8 U.S.C. 1151(c)) is amended--
(1) by amending paragraph (1)(A)(ii) to read as follows:
``(ii) the sum of the number computed under paragraph (2)
and the number computed under paragraph (4), plus''; and
(2) by adding at the end the following new paragraphs:
``(4) The number computed under this paragraph for a fiscal year is
the number of aliens who were paroled into the United States under
section 212(d)(5) in the second preceding fiscal year and who did not
depart from the United States within 365 days.
``(5) If any alien described in paragraph (4) is subsequently
admitted as an alien lawfully admitted for permanent residence, such
alien shall not again be considered for purposes of paragraph (1).''.
(b) Inclusion of Paroled Aliens.--Section 202 (8 U.S.C. 1152) is
amended by adding at the end the following new subsection:
``(f)(1) For purposes of subsection (a)(2), an immigrant visa shall
be considered to have been made available in a fiscal year to any alien
who is not an alien lawfully admitted for permanent residence but who
was paroled into the United States under section 212(d)(5) in the
second preceding fiscal year and who did not depart from the United
States within 365 days.
``(2) If any alien described in paragraph (1) is subsequently
admitted as an alien lawfully admitted for permanent residence, an
immigrant visa shall not again be considered to have been made
available for purposes of subsection (a)(2).''.
PART 2--ASYLUM
SEC. 193. TIME LIMITATION ON ASYLUM CLAIMS.
(a) Section 208(a) (8 U.S.C. 1158(a)) is amended--
(1) by striking ``The'' and inserting the following: ``(1)
Except as provided in paragraph (2), the''; and
(2) by adding at the end the following:
``(2)(A) An application for asylum filed for the first time during
an exclusion or deportation proceeding shall not be considered if the
proceeding was commenced more than one year after the alien's entry or
admission into the United States.
``(B) An application for asylum may be considered, notwithstanding
subparagraph (A), if the applicant shows good cause for not having
filed within the specified period of time.''.
(b) As used in this section, ``good cause'' may include, but is not
limited to, circumstances that changed after the applicant entered the
United States and that are relevant to the applicant's eligibility for
asylum; physical or mental disability; threats of retribution against
the applicant's relatives abroad; attempts to file affirmatively that
were successful because of technical defects; efforts to seek asylum
that were delayed by the temporary unavailability of professional
assistance; the illness or death of the applicant's legal
representative; or other extenuating circumstances as determined by the
Attorney General.
SEC. 194. LIMITATION ON WORK AUTHORIZATION FOR ASYLUM APPLICANTS.
Section 208 (8 U.S.C. 1158), as amended by this Act, is further
amended by adding at the end the following new subsection:
``(f)(1) An applicant for asylum may not engage in employment in
the United States unless such applicant has submitted an application
for employment authorization to the Attorney General and, subject to
paragraph (2), the Attorney General has granted such authorization.
``(2) The Attorney General may deny any application for, or suspend
or place conditions on any grant of, authorization for any applicant
for asylum to engage in employment in the United States.''.
SEC. 195. INCREASED RESOURCES FOR REDUCING ASYLUM APPLICATION BACKLOGS.
(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 1253)
as of the date of the enactment of this Act, the Attorney General shall
have the authority described in subsection (b) for a period of two
years, beginning 90 days after the date of the 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).
PART 3--CUBAN ADJUSTMENT ACT
SEC. 196. REPEAL AND EXCEPTION.
(a) Repeal.--Subject to subsection (b), Public Law 89-732, as
amended, is hereby repealed.
(b) Notwithstanding any other provision of this Act, the repeal of
Public Law 89-732 made by this Act shall become effective only upon a
determination by the President under section 203(c)(3) of the Cuban
Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 that a
democratically elected government in Cuba is in power.
Subtitle C--Effective Dates
SEC. 197. EFFECTIVE DATES.
Except as otherwise provided in this title, and the amendments made
by this title, shall take effect on the date of the enactment of this
Act.
TITLE II--FINANCIAL RESPONSIBILITY
Subtitle A--Receipt of Certain Government Benefits
SEC. 201. INELIGIBILITY OF EXCLUDABLE, DEPORTABLE, AND NONIMMIGRANT
ALIENS.
(a) Public Assistance and Benefits.--
(1) In general.--Notwithstanding any other provision of
law, an ineligible alien (as defined in subsection (f)(2))
shall not be eligible to receive--
(A) any benefits under a public assistance program
(as defined in subsection (f)(3)), except--
(i) emergency medical services under title
XIX of the Social Security Act,
(ii) subject to paragraph (4), prenatal and
postpartum services under title XIX of the
Social Security Act,
(iii) short-term emergency disaster relief,
(iv) assistance or benefits under--
(I) the National School Lunch Act
(42 U.S.C. 1751 et seq.),
(II) the Child Nutrition Act of
1966 (42 U.S.C. 1771 et seq.),
(III) section 4 of the Agriculture
and Consumer Protection Act of 1973
(Public Law 93-86; 7 U.S.C. 612c note),
(IV) the Emergency Food Assistance
Act of 1983 (Public Law 98-8; 7 U.S.C.
612c note),
(V) section 110 of the Hunger
Prevention Act of 1988 (Public Law 100-
435; 7 U.S.C. 612c note), and
(VI) the food distribution program
on Indian reservations established
under section 4(b) of Public Law 88-525
(7 U.S.C. 2013(b)),
(v) public health assistance for
immunizations and, if the Secretary of Health
and Human Services determines that it is
necessary to prevent the spread of a serious
communicable disease, for testing and treatment
for such diseases, and
(vi) such other service or assistance (such
as soup kitchens, crisis counseling,
intervention (including intervention for
domestic violence), and short-term shelter) as
the Attorney General specifies, in the Attorney
General's sole and unreviewable discretion,
after consultation with the heads of
appropriate Federal agencies, if--
(I) such service or assistance is
delivered at the community level,
including through public or private
nonprofit agencies;
(II) such service or assistance is
necessary for the protection of life,
safety, or public health; and
(III) such service or assistance or
the amount or cost of such service or
assistance is not conditioned on the
recipient's income or resources; or
(B) any grant, contract, loan, professional
license, or commercial license provided or funded by
any agency of the United States or any State or local
government entity, except--
``(i) if the alien is a nonimmigrant alien
authorized to work in the United States--
``(I) any professional or
commercial license required to engage
in such work, if the nonimmigrant is
otherwise qualified for such license;
or
``(II) any contract provided or
funded by such an agency or entity; or
``(ii) if the alien is an alien who is
outside of the United States, any contract
provided or funded by such an agency or
entity.''.
(2) Benefits of residence.--Notwithstanding any other
provision of law, no State or local government entity shall
consider any ineligible alien as a resident when to do so would
place such alien in a more favorable position, regarding access
to, or the cost of, any benefit or government service, except
elementary or secondary education, than a United States citizen
who is not regarded as such a resident.
(3) Notification of aliens.--
(A) In general.--The agency administering a program
referred to in paragraph (1)(A) or providing benefits
referred to in paragraph (1)(B) shall, directly or, in
the case of a Federal agency, through the States,
notify individually or by public notice, all ineligible
aliens who are receiving benefits under a program
referred to in paragraph (1)(A), or are receiving
benefits referred to in paragraph (1)(B), as the case
may be, immediately prior to the date of the enactment
of this Act and whose eligibility for the program is
terminated by reason of this subsection.
(B) Failure to give notice.--Nothing in
subparagraph (A) shall be construed to require or
authorize continuation of such eligibility if the
notice required by such paragraph is not given.
(4) Limitation on pregnancy services for undocumented
aliens.--
(A) 3-year continuous residence.--An ineligible
alien may not receive the services described in
paragraph (1)(A)(ii) unless such alien can establish
proof of continuous residence in the United States for
not less than 3 years, as determined in accordance with
section 245a.2(d)(3) of title 8, Code of Federal
Regulations as in effect on the day before the date of
the enactment of this Act.
(B) Limitation on expenditures.--Not more than
$120,000,000 in outlays may be expended under title XIX
of the Social Security Act for reimbursement of
services described in paragraph (1)(A)(ii) that are
provided to individuals described in subparagraph (A).
(C) Continued services by current states.--States
that have provided services described in paragraph
(1)(A)(ii) for a period of 3 years before the date of
the enactment of this Act shall continue to provide
such services and shall be reimbursed by the Federal
Government for the costs incurred in providing such
services. States that have not provided such services
before the date of the enactment of this Act, but elect
to provide such services after such date, shall be
reimbursed for the costs incurred in providing such
services. In no case shall States be required to
provide services in excess of the amounts provided in
subparagraph (B).
(b) Unemployment Benefits.--Notwithstanding any other provision of
law, only eligible aliens who have been granted employment
authorization pursuant to Federal law, and United States citizens or
nationals, may receive unemployment benefits payable out of Federal
funds, and such eligible aliens may receive only the portion of such
benefits which is attributable to the authorized employment.
(c) Social Security Benefits.--(1) Section 202 of the Social
Security Act (42 U.S.C. 402) is amended by adding at the end the
following new subsection:
``Limitation on Payments to Aliens
``(y)(1) Notwithstanding any other provision of law and except as
provided in paragraph (2), no monthly benefit under this title shall be
payable to any alien in the United States for any month during which
such alien is not lawfully present in the United States as determined
by the Attorney General.
``(2) Paragraph (1) shall not apply in any case where entitlement
to such benefit is based on an application filed before the date of the
enactment of this subsection.''.
(2) Nothing in this subsection (c) shall affect any obligation or
liability of any individual or employer under title 21 of subtitle C of
the Internal Revenue Code.
(3) No more than eighteen months following enactment of this Act,
the Comptroller General is directed to conduct and complete a study of
whether, and to what extent, individuals who are not authorized to work
in the United States are qualifying for Old Age, Survivors, and
Disability Insurance (OASDI) benefits based on their earnings record.
(d) Housing Assistance Programs.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of Housing and Urban
Development shall submit a report to the Committee on the Judiciary and
the Committee on Banking, Housing, and Urban Affairs of the Senate, and
the Committee on the Judiciary and the Committee on Banking and
Financial Services of the House of Representatives, describing the
manner in which the Secretary is enforcing section 214 of the Housing
and Community Development Act of 1980 (Public Law 96-399; 94 Stat.
1637) and containing statistics with respect to the number of
individuals denied financial assistance under such section.
(e) Nonprofit, Charitable Organizations.--
(1) In general.--Nothing in this Act shall be construed as
requiring a nonprofit charitable organization operating any
program of assistance provided or funded, in whole or in part,
by the Federal Government to--
(A) determine, verify, or otherwise require proof
of the eligibility, as determined under this title, of
any applicant for benefits or assistance under such
program; or
(B) deem that the income or assets of any applicant
for benefits or assistance under such program include
the income or assets described in section 204(b).
(2) No effect on federal authority to determine
compliance.--Nothing in this subsection shall be construed as
prohibiting the Federal Government from determining the
eligibility, under this section or section 204, of any
individual for benefits under a public assistance program (as
defined in subsection (f)(3)) or for government benefits (as
defined in subsection (f)(4)).
(f) Definitions.--For the purposes of this section--
(1) Eligible alien.--The term ``eligible alien'' means an
individual who is--
(A) an alien lawfully admitted for permanent
residence under the Immigration and Nationality Act,
(B) an alien granted asylum under section 208 of
such Act,
(C) a refugee admitted under section 207 of such
Act,
(D) an alien whose deportation has been withheld
under section 243(h) of such Act,
(E) an alien paroled into the United States under
section 212(d)(5) of such Act for a period of at least
1 year, or
(F) an alien who--
(i) has been battered or subjected to
extreme cruelty in the United States by a
spouse or a parent, or by a member of the
spouse or parent's family residing in the same
household as the alien and the spouse or parent
consented or acquiesced to such battery or
cruelty; and
(ii) has petitioned (or petitions within 45
days after the first application for means-
tested government assistance under SSI, AFDC,
social services block grants; Medicaid, food
stamps, or housing assistance) for--
(I) status as a spouse or a child
of a United States citizen pursuant to
clause (ii), (iii), or (iv) of section
204(a)(1)(A) of the Immigration and
Nationality Act,
(II) classification pursuant to
clause (ii) or (iii) of section
204(a)(1)(B) of the Act, or
(III) suspension of deportation and
adjustment of status pursuant to
section 244(a)(3) of such Act, or
(iii) is the beneficiary of a petition for
status as a spouse or child of a United States
citizen pursuant to clause (i) of section
204(a)(1)(A) of the Immigration and Nationality
Act, or of a petition filed for classification
pursuant to clause (i) of section 204(a)(1)(B)
of such Act; or
(G) an alien whose child--
(i) has been battered or subjected to
extreme cruelty in the United States by a
spouse or a parent of the alien (without the
active participation of the alien in the
battery or extreme cruelty), or by a member of
the spouse or parent's family residing in the
same household as the alien and the spouse or
parent consented or acquiesced to such battery
or cruelty, and the alien did not actively
participate in such battery or cruelty; and
(ii) has petitioned (or petitions within 45
days after the first application for assistance
from a means-tested government assistance
program) for--
(I) status as a spouse or a child
of a United States citizen pursuant to
clause (ii), (iii), or (iv) of section
204(a)(1)(A) of the Immigration and
Nationality Act,
(II) classification pursuant to
clause (ii) or (iii) of section
204(a)(1)(B) of the Act, or
(III) suspension of deportation and
adjustment of status pursuant to
section 244(a)(3) of such Act, or
(iii) is the beneficiary of a petition for
status as a spouse or child of a United States
citizen pursuant to clause (i) of section
204(a)(1)(A) of the Immigration and Nationality
Act, or of a petition filed for classification.
(2) Ineligible alien.--The term ``ineligible alien'' means
an individual who is not--
(A) a United States citizen or national; or
(B) an eligible alien.
(3) Public assistance program.--The term ``public
assistance program'' means any program of assistance provided
or funded, in whole or in part, by the Federal Government or
any State or local government entity, for which eligibility for
benefits is based on need.
(4) Government benefits.--The term ``government benefits''
includes--
(A) any grant, contract, loan, professional
license, or commercial license provided or funded by
any agency of the United States or any State or local
government entity, except--
(i) if the alien is a nonimmigrant alien
authorized to work in the United States--
(I) any professional or commercial
license required to engage in such
work, if the nonimmigrant is otherwise
qualified for such license; or
(II) any contract provided or
funded by such an agency or entity; or
(ii) if the alien is an alien who is
outside of the United States, any contract
provided or funded by such an agency or entity.
(B) unemployment benefits payable out of Federal
funds;
(C) benefits under title II of the Social Security
Act;
(D) financial assistance for purposes of section
214(a) of the Housing and Community Development Act of
1980 (Public Law 96-399; 94 Stat. 1637); and
(E) benefits based on residence that are prohibited
by subsection (a)(2).
SEC. 202. DEFINITION OF ``PUBLIC CHARGE'' FOR PURPOSES OF DEPORTATION.
(a) In General.--Section 241(a)(5) (8 U.S.C. 1251(a)(5)) is amended
to read as follows:
``(5) Public charge.--
``(A) In general.--Except as provided in
subparagraphs (B) and (E), any alien who during the
public charge period becomes a public charge,
regardless of when the cause for becoming a public
charge arises, is deportable for a period of five years
after the immigrant last receives a benefit during the
public charge period under any of the programs
described in subparagraph (D).
``(B) Exceptions.--Subparagraph (A) shall not apply
if the alien is a refugee or has been granted asylum,
or if the cause of the alien's becoming a public
charge--
``(i) arose after entry (in the case of an
alien who entered as an immigrant) or after
adjustment to lawful permanent resident status
(in the case of an alien who entered as a
nonimmigrant), and
``(ii) was a physical illness, or physical
injury, so serious the alien could not work at
any job, or a mental disability that required
continuous hospitalization.
``(C) Definitions.--
``(i) Public charge period.--For purposes
of subparagraph (A), the term `public charge
period' means the period beginning on the date
the alien entered the United States and
ending--
``(I) for an alien who entered the
United States as an immigrant, 5 years
after entry, or
``(II) for an alien who entered the
United States as a nonimmigrant, 5
years after the alien adjusted to
permanent resident status.
``(ii) Public charge.--For purposes of
subparagraph (A), the term `public charge'
includes any alien who receives benefits under
any program described in subparagraph (D) for
an aggregate period of more than 12 months.
``(D) 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.
``(vi) Any other program of assistance
funded, in whole or in part, by the Federal
Government or any State or local government
entity, for which eligibility for benefits is
based on need, except the programs listed as
exceptions in clauses (i) through (vi) of
section 201(a)(1)(A) of the Immigration Reform
Act of 1996 or any student assistance received
or approved for receipt under title IV, V, IX,
or X of the Higher Education Act of 1965 in an
academic year which ends or begins in the
calendar year in which this Act is enacted
until the matriculation of their education.
``(E) Special rule for battered women and
children.--(i) For purposes of any determination under
subparagraph (A), and except as provided under clause
(ii), the aggregate period shall be 48 months within
the first 7 years of entry if the alien can demonstrate
that (I) the alien has been battered or subjected to
extreme cruelty in the United States by a spouse or a
parent, or by a member of the spouse or parent's family
residing in the same household as the alien and the
spouse or parent consented or acquiesced to such
battery or cruelty, or (II) the alien's child has been
battered or subjected to extreme cruelty in the United
States by a spouse or parent of the alien (without the
active participation of the alien in the battery or
extreme cruelty), or by a member of the spouse or
parent's family residing in the same household as the
alien when the spouse or parent consented or acquiesced
to and the alien did not actively participate in such
battery or cruelty, and the need for the public
benefits received has a connection to the battery or
cruelty described in subclause (I) or (II).
``(ii) For the purposes of a determination under
subparagraph (A), the aggregate period may exceed 48
months within the first 7 years of entry if the alien
can demonstrate that any battery or cruelty under
clause (ii) is ongoing, has led to the issuance of an
order of a judge or an administrative law judge or a
prior determination of the Service, and that such
battery or cruelty has a causal relationship to the
need for the benefits received.pursuant to clause (i)
of section 204(a)(1)(B) of such Act.''.
(b) Construction.--Nothing in subparagraph (B), (C), or (D) of
section 241(a)(5) of the Immigration and Nationality Act, as amended by
subsection (a), may be construed to affect or apply to any
determination of an alien as a public charge made before the date of
the enactment of this Act.
(c) Review of Status.--
(1) In general.--In reviewing 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
deportable under section 241(a)(5)(A) of such Act, as so
amended.
(2) Grounds for denial.--If the Attorney General determines
that an alien is deportable under section 241(a)(5)(A) of the
Immigration and Nationality Act, the Attorney General shall
deny such application and shall institute deportation
proceedings with respect to such alien, unless the Attorney
General exercises discretion to withhold or suspend deportation
pursuant to any other section of such Act.
(d) Effective Date.--This section and the amendments made by this
section shall apply to aliens who enter the United States on or after
the date of the enactment of this Act and to aliens who entered as
nonimmigrants before such date but adjust or apply to adjust their
status after such date.
SEC. 203. REQUIREMENTS FOR SPONSOR'S AFFIDAVIT OF SUPPORT.
(a) Enforceability.--(1) No affidavit of support may be relied upon
by the Attorney General or by any consular officer to establish that an
alien is not excludable as a public charge under section 212(a)(4) of
the Immigration and Nationality Act unless such affidavit is executed
as a contract--
(A) which is legally enforceable against the sponsor by the
sponsored individual, by the Federal Government, and by any
State, district, territory, or possession of the United States
(or any subdivision of such State, district, territory, or
possession of the United States) which provides any benefit
described in section 241(a)(5)(D), but not later than 10 years
after the sponsored individual last receives any such benefit;
(B) in which the sponsor agrees to financially support the
sponsored individual, so that he or she will not become a
public charge, until the sponsored individual has worked in the
United States for 40 qualifying quarters; and
(C) in which the sponsor agrees to submit to the
jurisdiction of any Federal or State court for the purpose of
actions brought under subsection (d) or (e).
(2) In determining the number of qualifying quarters for which a
sponsored individual has worked for purposes of paragraph (1)(B), an
individual not meeting the requirements of subparagraphs (A) or (C) of
subsection (f)(3) for any quarter shall be treated as meeting such
requirements if--
(A) their spouse met such requirements for such quarter and
they filed a joint income tax return covering such quarter; or
(B) the individual who claimed such individual as a
dependent on an income tax return covering such quarter met
such requirements for such quarter.
(b) Forms.--Not later than 90 days after the date of the enactment
of this Act, the Secretary of State, the Attorney General, and the
Secretary of Health and Human Services shall jointly formulate the
affidavit of support described in this section.
(c) Notification of Change of Address.--
(1) General requirement.--The sponsor shall notify the
Attorney General and the State, district, territory, or
possession in which the sponsored individual is currently a
resident within 30 days of any change of address of the sponsor
during the period specified in subsection (a)(1).
(2) Penalty.--Any person subject to the requirement of
paragraph (1) who fails to satisfy such requirement shall,
after notice and opportunity to be heard, be subject to a civil
penalty of--
(A) not less than $250 or more than $2,000, or
(B) if such failure occurs with knowledge that the
sponsored individual has received any benefit described
in section 241(a)(5)(D) of the Immigration and
Nationality Act, as amended by section 202(a) of this
Act, not less than $2,000 or more than $5,000.
(d) Reimbursement of Government Expenses.--
(1) In general.--
(A) Request for reimbursement.--Upon notification
that a sponsored individual has received any benefit
described in section 241(a)(5)(D) of the Immigration
and Nationality Act, as amended by section 202(a) of
this Act, the appropriate Federal, State, or local
official shall request reimbursement from the sponsor
for the amount of such assistance.
(B) Regulations.--The Commissioner of Social
Security shall prescribe such regulations as may be
necessary to carry out subparagraph (A). Such
regulations shall provide that notification be sent to
the sponsor's last known address by certified mail.
(2) Action against sponsor.--If within 45 days after
requesting reimbursement, the appropriate Federal, State, or
local agency has not received a response from the sponsor
indicating a willingness to make payments, an action may be
brought against the sponsor pursuant to the affidavit of
support.
(3) Failure to meet repayment terms.--If the sponsor agrees
to make payments, but fails to abide by the repayment terms
established by the agency, the agency may, within 60 days of
such failure, bring an action against the sponsor pursuant to
the affidavit of support.
(e) Jurisdiction.--
(1) In general.--An action to enforce an affidavit of
support executed under subsection (a) may be brought against
the sponsor in any appropriate court--
(A) by a sponsored individual, with respect to
financial support; or
(B) by a Federal, State, or local agency, with
respect to reimbursement.
(2) Court may not decline to hear case.--For purposes of
this section, no appropriate court shall decline for lack of
subject matter or personal jurisdiction to hear any action
brought against a sponsor under paragraph (1) if--
(A) the sponsored individual is a resident of the
State in which the court is located, or received public
assistance while residing in the State; and
(B) such sponsor has received service of process in
accordance with applicable law.
(f) Definitions.--For purposes of this section--
(1) Sponsor.--The term ``sponsor'' means an individual
who--
(A) is a United States citizen or national or an
alien who is lawfully admitted to the United States for
permanent residence;
(B) is at least 18 years of age;
(C) is domiciled in any of the several States of
the United States, the District of Columbia, or any
territory or possession of the United States; and
(D) demonstrates the means to maintain an annual
income equal to at least 125 percent of the Federal
poverty line for the individual and the individual's
family (including the sponsored alien and any other
alien sponsored by the individual), through evidence
that includes a copy of the individual's Federal income
tax return for the 3 most recent taxable years (which
returns need show such level of annual income only in
the most recent taxable year) and a written statement,
executed under oath or as permitted under penalty of
perjury under section 1746 of title 28, United States
Code, that the copies are true copies of such returns.
In the case of an individual who is on active duty (other than
active duty for training) in the Armed Forces of the United
States, subparagraph (D) shall be applied by substituting ``100
percent'' for ``125 percent''.
(2) Federal poverty line.--The term ``Federal poverty
line'' means the level of income equal to the official poverty
line (as defined by the Director of the Office of Management
and Budget, as revised annually by the Secretary of Health and
Human Services, in accordance with section 673(2) of the
Omnibus Budget Reconciliation Act of 1981 (42 U.S.C. 9902))
that is applicable to a family of the size involved.
(3) Qualifying quarter.--The term ``qualifying quarter''
means a three-month period in which the sponsored individual
has--
(A) earned at least the minimum necessary for the
period to count as one of the 40 quarters required to
qualify for social security retirement benefits;
(B) not received need-based public assistance; and
(C) had income tax liability for the tax year of
which the period was part.
(4) Appropriate court.--The term ``appropriate court''
means--
(A) a Federal court, in the case of an
action for reimbursement of benefits provided
or funded, in whole or in part, by the Federal
Government; and
(B) a State court, in the case of an action
for reimbursement of benefits provided under a
State or local program of assistance.
(g) Sponsor's Social Security Account Number Required To Be
Provided.--(1) Each affidavit of support shall include the social
security account number of the sponsor.
(2) The Attorney General shall develop an automated system to
maintain the data of social security account numbers provided under
paragraph (1).
(3) The Attorney General shall submit an annual report to the
Congress setting forth for the most recent fiscal year for which data
are available--
(A) the number of sponsors under this section and the
number of sponsors in compliance with the financial obligations
of this section; and
(B) a comparison of the data set forth under subparagraph
(A) with similar data for the preceding fiscal year.
SEC. 204. ATTRIBUTION OF SPONSOR'S INCOME AND RESOURCES TO FAMILY-
SPONSORED IMMIGRANTS.
(a) Deeming Requirement for Federal and Federally Funded
Programs.--Subject to subsection (d), for purposes of determining the
eligibility of an alien for benefits, and the amount of benefits, under
any Federal program of assistance, or any program of assistance funded
in whole or in part by the Federal Government, for which eligibility
for benefits is based on need, the income and resources described in
subsection (b) shall, notwithstanding any other provision of law,
except as provided in section 204(f), be deemed to be the income and
resources of such alien.
(b) Deemed Income and Resources.--The income and resources
described in this subsection include the income and resources of--
(1) any person who, as a sponsor of an alien's entry into
the United States, or in order to enable an alien lawfully to
remain in the United States, executed an affidavit of support
or similar agreement with respect to such alien, and
(2) the sponsor's spouse.
(c) Length of Deeming Period.--The requirement of subsection (a)
shall apply for the period for which the sponsor has agreed, in such
affidavit or agreement, to provide support for such alien, or for a
period of 5 years beginning on the day such alien was first lawfully in
the United States after the execution of such affidavit or agreement,
whichever period is longer.
(d) Exceptions.--
(1) Indigence.--
(A) In general.--If a determination described in
subparagraph (B) is made, the amount of income and
resources of the sponsor or the sponsor's spouse which
shall be attributed to the sponsored alien shall not
exceed the amount actually provided for a period--
(i) beginning on the date of such
determination and ending 12 months after such
date, or
(ii) if the address of the sponsor is
unknown to the sponsored alien, beginning on
the date of such determination and ending on
the date that is 12 months after the address of
the sponsor becomes known to the sponsored
alien or to the agency (which shall inform such
alien of the address within 7 days).
(B) Determination described.--A determination
described in this subparagraph is a determination by an
agency that a sponsored alien would, in the absence of
the assistance provided by the agency, be unable to
obtain food and shelter, taking into account the
alien's own income, plus any cash, food, housing, or
other assistance provided by other individuals,
including the sponsor.
(2) Education assistance.--
(A) In general.--The requirements of subsection (a)
shall not apply with respect to sponsored aliens who
have received, or have been approved to receive,
student assistance under title IV, V, IX, or X of the
Higher Education Act of 1965 in an academic year which
ends or begins in the calendar year in which this Act
is enacted.
(B) Duration.--The exception described in
subparagraph (A) shall apply only for the period
normally required to complete the course of study for
which the sponsored alien receives assistance described
in that subparagraph.
(3) Certain services and assistance.--The requirements of
subsection (a) shall not apply to any service or assistance
described in clause (iv) or (vi) of section 201(a)(1)(A).
(e) Deeming Authority to State and Local Agencies.--
(1) In general.--Notwithstanding any other provision of
law, but subject to exceptions equivalent to the exceptions
described in subsection (d), the State or local government may,
for purposes of determining the eligibility of an alien for
benefits, and the amount of benefits, under any State or local
program of assistance for which eligibility is based on need,
or any need-based program of assistance administered by a State
or local government (other than a program of assistance
provided or funded, in whole or in part, by the Federal
Government), require that the income and resources described in
subsection (b) be deemed to be the income and resources of such
alien.
(2) Length of deeming period.--Subject to exceptions
equivalent to the exceptions described in subsection (d), a
State or local government may impose the requirement described
in paragraph (1) for the period for which the sponsor has
agreed, in such affidavit or agreement, to provide support for
such alien, or for a period of 5 years beginning on the day
such alien was first lawfully in the United States after the
execution of such affidavit or agreement, whichever period is
longer.
(f) Special Rule for Battered Women and Children.--Notwithstanding
any other provision of law, subsection (a) shall not apply--
(1) for up to 48 months if the alien can demonstrate that
(A) the alien has been battered or subjected to extreme cruelty
in the United States by a spouse or a parent, or by a member of
the spouse or parent's family residing in the same household as
the alien and the spouse or parent consented to or acquiesced
to such battery or cruelty, or (B) the alien's child has been
battered or subjected to extreme cruelty in the United States
by the spouse or parent of the alien (without the active
participation of the alien in the battery or cruelty), or by a
member of the spouse's or parent's family residing in the same
household as the alien when the spouse or parent consented or
acquiesced to and the alien did not actively participate in
such battery or cruelty, and the battery or cruelty described
in clause (i) or (ii) has a causal relationship to the need for
the public benefits applied; and
(2) for more than 48 months if the alien can demonstrate
that such battery or cruelty under paragraph (1) is ongoing,
has led to the issuance of an order of a judge or
administrative law judge or a prior determination of the
Service and that such battery or cruelty has a causal
relationship to the need for the benefits received.
SEC. 205. VERIFICATION OF STUDENT ELIGIBILITY FOR POSTSECONDARY FEDERAL
STUDENT FINANCIAL ASSISTANCE.
(a) Report Requirement.--Not later than one year after the date of
the enactment of this Act, the Secretary of Education and the
Commissioner of Social Security shall jointly submit to the Congress a
report on the computer matching program of the Department of Education
under section 484(p) of the Higher Education Act of 1965.
(b) Report Elements.--The report shall include the following:
(1) An assessment by the Secretary and the Commissioner of
the effectiveness of the computer matching program, and a
justification for such assessment.
(2) The ratio of inaccurate matches under the program to
successful matches.
(3) Such other information as the Secretary and the
Commissioner jointly consider appropriate.
SEC. 206. AUTHORITY OF STATES AND LOCALITIES TO LIMIT ASSISTANCE TO
ALIENS AND TO DISTINGUISH AMONG CLASSES OF ALIENS IN
PROVIDING GENERAL PUBLIC ASSISTANCE.
(a) In General.--Subject to subsection (b) and notwithstanding any
other provision of law, a State or local government may prohibit or
otherwise limit or restrict the eligibility of aliens or classes of
aliens for programs of general cash public assistance furnished under
the law of the State or a political subdivision of a State.
(b) Limitation.--The authority provided for under subsection (a)
may be exercised only to the extent that any prohibitions, limitations,
or restrictions imposed by a State or local government are not more
restrictive than the prohibitions, limitations, or restrictions imposed
under comparable Federal programs. For purposes of this section,
attribution to an alien of a sponsor's income and resources (as
described in section 204(b)) for purposes of determining eligibility
for, and the amount of, benefits shall be considered less restrictive
than a prohibition of eligibility for such benefits.
SEC. 207. INCREASED MAXIMUM CRIMINAL PENALTIES FOR FORGING OR
COUNTERFEITING SEAL OF A FEDERAL DEPARTMENT OR AGENCY TO
FACILITATE BENEFIT FRAUD BY AN UNLAWFUL ALIEN.
Section 506 of title 18, United States Code, is amended to read as
follows:
``Sec. 506. Seals of departments or agencies
``(a) Whoever--
``(1) falsely makes, forges, counterfeits, mutilates, or
alters the seal of any department or agency of the United
States, or any facsimile thereof;
``(2) knowingly uses, affixes, or impresses any such
fraudulently made, forged, counterfeited, mutilated, or altered
seal or facsimile thereof to or upon any certificate,
instrument, commission, document, or paper of any description;
or
``(3) with fraudulent intent, possesses, sells, offers for
sale, furnishes, offers to furnish, gives away, offers to give
away, transports, offers to transport, imports, or offers to
import any such seal or facsimile thereof, knowing the same to
have been so falsely made, forged, counterfeited, mutilated, or
altered,
shall be fined under this title, or imprisoned not more than 5 years,
or both.
``(b) Notwithstanding subsection (a) or any other provision of law,
if a forged, counterfeited, mutilated, or altered seal of a department
or agency of the United States, or any facsimile thereof, is--
``(1) so forged, counterfeited, mutilated, or altered;
``(2) used, affixed, or impressed to or upon any
certificate, instrument, commission, document, or paper of any
description; or
``(3) with fraudulent intent, possessed, sold, offered for
sale, furnished, offered to furnish, given away, offered to
give away, transported, offered to transport, imported, or
offered to import,
with the intent or effect of facilitating an unlawful alien's
application for, or receipt of, a Federal benefit, the penalties which
may be imposed for each offense under subsection (a) shall be two times
the maximum fine, and 3 times the maximum term of imprisonment, or
both, that would otherwise be imposed for an offense under subsection
(a).
``(c) For purposes of this section--
``(1) the term `Federal benefit' means--
``(A) the issuance of any grant, contract, loan,
professional license, or commercial license provided by
any agency of the United States or by appropriated
funds of the United States; and
``(B) any retirement, welfare, Social Security,
health (including treatment of an emergency medical
condition in accordance with section 1903(v) of the
Social Security Act (19 U.S.C. 1396b(v))), disability,
veterans, public housing, education, food stamps, or
unemployment benefit, or any similar benefit for which
payments or assistance are provided by an agency of the
United States or by appropriated funds of the United
States;
``(2) the term `unlawful alien' means an individual who is
not--
``(A) a United States citizen or national;
``(B) an alien lawfully admitted for permanent
residence under the Immigration and Nationality Act;
``(C) an alien granted asylum under section 208 of
such Act;
``(D) a refugee admitted under section 207 of such
Act;
``(E) an alien whose deportation has been withheld
under section 243(h) of such Act; or
``(F) an alien paroled into the United States under
section 215(d)(5) of such Act for a period of at least
1 year; and
``(3) each instance of forgery, counterfeiting, mutilation,
or alteration shall constitute a separate offense under this
section.''.
SEC. 208. STATE OPTION UNDER THE MEDICAID PROGRAM TO PLACE ANTI-FRAUD
INVESTIGATORS IN HOSPITALS.
(a) In General.--Section 1902(a) of the Social Security Act (42
U.S.C. 1396a(a)) is amended--
(1) by striking ``and'' at the end of paragraph (61);
(2) by striking the period at the end of paragraph (62) and
inserting ``; and''; and
(3) by adding after paragraph (62) the following new
paragraph:
``(63) in the case of a State that is certified by the
Attorney General as a high illegal immigration State (as
determined by the Attorney General), at the election of the
State, establish and operate a program for the placement of
anti-fraud investigators in State, county, and private
hospitals located in the State to verify the immigration status
and income eligibility of applicants for medical assistance
under the State plan prior to the furnishing of medical
assistance.''.
(b) Payment.--Section 1903 of the Social Security Act (42 U.S.C.
1396b) is amended--
(1) by striking ``plus'' at the end of paragraph (6);
(2) by striking the period at the end of paragraph (7) and
inserting ``; plus''; and
(3) by adding at the end the following new paragraph:
``(8) an amount equal to the Federal medical assistance
percentage (as defined in section 1905(b)) of the total amount
expended during such quarter which is attributable to operating
a program under section 1902(a)(63).''.
(c) Effective Date.--The amendments made by subsections (a) and (b)
shall take effect on the first day of the first calendar quarter
beginning after the date of the enactment of this Act.
SEC. 209. COMPUTATION OF TARGETED ASSISTANCE.
Section 412(c)(2) (8 U.S.C. 1522(c)(2)) is amended by adding at the
end the following new subparagraph:
``(C) Except for the Targeted Assistance Ten Percent Discretionary
Program, all grants made available under this paragraph for a fiscal
year shall be allocated by the Office of Refugee Resettlement in a
manner that ensures that each qualifying county receives the same
amount of assistance for each refugee and entrant residing in the
county as of the beginning of the fiscal year who arrived in the United
States not earlier than 60 months before the beginning of such fiscal
year.''.
Subtitle B--Miscellaneous Provisions
SEC. 211. REIMBURSEMENT OF STATES AND LOCALITIES FOR EMERGENCY MEDICAL
ASSISTANCE FOR CERTAIN ILLEGAL ALIENS.
(a) Reimbursement.--The Attorney General shall, subject to the
availability of appropriations, fully reimburse the States and
political subdivisions of the States for costs incurred by the States
and political subdivisions for emergency ambulance service provided to
any alien who--
(1) entered the United States without inspection or at any
time or place other than as designated by the Attorney General;
(2) is under the custody of a State or a political
subdivision of a State as a result of transfer or other action
by Federal authorities; and
(3) is being treated for an injury suffered while crossing
the international border between the United States and Mexico
or between the United States and Canada.
(b) Statutory Construction.--Nothing in this section requires that
the alien be arrested by Federal authorities before entering into the
custody of the State or political subdivision.
(c) Authorization of Appropriations.--
(1) Authorization of appropriations.--There are authorized
to be appropriated to the Attorney General such sums as may be
necessary to carry out the provisions of this section.
(2) Statutory construction.--Nothing in this Act may be
construed to prevent the Attorney General from seeking
reimbursement from an alien described in subsection (a) for the
costs of the emergency medical services provided to the alien.
SEC. 212. TREATMENT OF EXPENSES SUBJECT TO EMERGENCY MEDICAL SERVICES
EXCEPTION.
(a) In General.--Subject to such amounts as are provided in advance
in appropriation Acts, each State or local government that provides
emergency medical services through a public hospital, other public
facility, or other facility (including a hospital that is eligible for
an additional payment adjustment under section 1886(d)(5)(F) or section
1923 of the Social Security Act), or through contract with another
hospital or facility, to an individual who is an alien not lawfully
present in the United States, is entitled to receive payment from the
Federal Government for its costs of providing such services, but only
to the extent that the costs of the State or local government are not
fully reimbursed through any other Federal program and cannot be
recovered from the alien or other entity.
(b) Confirmation of Immigration Status.--No payment shall be made
under this section with respect to services furnished to aliens
described in subsection (a) unless the State or local government
establishes that it has provided services to such aliens in accordance
with procedures established by the Secretary of Health and Human
Services, after consultation with the Attorney General and State and
local officials.
(c) Administration.--This section shall be administered by the
Attorney General, in consultation with the Secretary of Health and
Human Services.
(d) Effective Date.--This section shall not apply to emergency
medical services furnished before October 1, 1995.
SEC. 213. PILOT PROGRAMS.
(a) Additional Commuter Border Crossing Fees Pilot Projects.--In
addition to the land border fee pilot projects extended by the fourth
proviso under the heading `` Immigration and Naturalization Service,
Salaries and Expenses'' of Public Law 103-121, the Attorney General may
establish another such pilot project on the northern land border and
another such pilot project on the southern land border of the United
States.
(b) Automated Permit Pilot Projects.--The Attorney General and the
Commissioner of Customs are authorized to conduct pilot projects to
demonstrate--
(1) the feasibility of expanding port of entry hours at
designated ports of entry on the United States-Canada border;
or
(2) the use of designated ports of entry after working
hours through the use of card reading machines or other
appropriate technology.
SEC. 214. USE OF PUBLIC SCHOOLS BY NONIMMIGRANT FOREIGN STUDENTS.
(a) Persons Eligible for Student Visas.--Section 101(a)(15)(F) (8
U.S.C. 1101(a)(15)(F)) is amended--
(1) in clause (i) by striking ``academic high school,
elementary school, or other academic institution or in a
language training program'' and inserting in lieu thereof
``public elementary or public secondary school (if the alien
shows to the satisfaction of the consular officer at the time
of application for a visa, or of the Attorney General at the
time of application for admission or adjustment of status, that
(I) the alien will in fact reimburse such public elementary or
public secondary school for the full, unsubsidized per-capita
cost of providing education at such school to an individual
pursuing such a course of study, or (II) the school waives such
reimbursement), private elementary or private secondary school,
or postsecondary academic institution, or in a language-
training program''; and
(2) by inserting before the semicolon at the end of clause
(ii) the following: ``: Provided, That nothing in this
paragraph shall be construed to prevent a child who is present
in the United States in a nonimmigrant status other than that
conferred by paragraph (B), (C), (F)(i), or (M)(i), from
seeking admission to a public elementary school or public
secondary school for which such child may otherwise be
qualified'';
(b) Exclusion of Student Visa Abusers.--Section 212(a) (8 U.S.C.
1182(a)) is amended by adding at the end the following new paragraph:
``(9) Student visa abusers.--Any alien described in section
101(a)(15)(F) who is admitted as a student for study at a
private elementary school or private secondary school and who
does not remain enrolled, throughout the duration of his or her
elementary or secondary school education in the United States,
at either (A) such a private school, or (B) a public elementary
or public secondary school (if (I) the alien is in fact
reimbursing such public elementary or public secondary school
for the full, unsubsidized per-capita cost of providing
education at such school to an individual pursuing such a
course of study, or (II) the school waives such reimbursement)
is excludable.''.
(c) Deportation of Student Visa Abusers.--Section 241(a) (8 U.S.C.
1251(a)) is amended by adding at the end the following new paragraph:
``(6) Student visa abusers.--Any alien described in section
101(a)(15)(F) who is admitted as a student for study at a
private elementary school or private secondary school and who
does not remain enrolled, throughout the duration of his or her
elementary or secondary school education in the United States,
at either (A) such a private school, or (B) a public elementary
or public secondary school (if (I) the alien is in fact
reimbursing such public elementary or public secondary school
for the full, unsubsidized per-capita cost of providing
education at such school to an individual pursing such a course
of study, or (II) the school waives such reimbursement), is
deportable.''.
(d) Effective Date.--This section shall become effective 1 day
after the date of enactment.
SEC. 215. PILOT PROGRAM TO COLLECT INFORMATION RELATING TO NONIMMIGRANT
FOREIGN STUDENTS.
(a) In General.--(1) The Attorney General and the Secretary of
State shall jointly develop and conduct a pilot program to collect
electronically from approved colleges and universities in the United
States the information described in subsection (c) with respect to
aliens who--
(A) have the status, or are applying for the status, of
nonimmigrants under section 101(a)(15) (F), (J), or (M) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15) (F), (J),
or (M)); and
(B) are nationals of the countries designated under
subsection (b).
(2) The pilot program shall commence not later than January 1,
1998.
(b) Covered Countries.--The Attorney General and the Secretary of
State shall jointly designate countries for purposes of subsection
(a)(1)(B). The Attorney General and the Secretary shall initially
designate not less than five countries and may designate additional
countries at any time while the pilot program is being conducted.
(c) Information to be Collected.--
(1) In general.--The information for collection under
subsection (a) consists of--
(A) the identity and current address in the United
States of the alien;
(B) the nonimmigrant classification of the alien
and the date on which a visa under the classification
was issued or extended or the date on which a change to
such classification was approved by the Attorney
General; and
(C) the academic standing of the alien, including
any disciplinary action taken by the college or
university against the alien as a result of the alien's
being convicted of a crime.
(2) FERPA.--The Family Educational Rights and Privacy Act
of 1974 (20 U.S.C. 1232g) shall not apply to aliens described
in subsection (a) to the extent that the Attorney General and
the Secretary of State determine necessary to carry out the
pilot program.
(d) Participation by Colleges and Universities.--(1) The
information specified in subsection (c) shall be provided by approved
colleges and universities as a condition of--
(A) the continued approval of the colleges and universities
under section 101(a)(15) (F) or (M) of the Immigration and
Nationality Act, or
(B) the issuance of visas to aliens for purposes of
studying, or otherwise participating, at such colleges and
universities in a program under section 101(a)(15)(J) of such
Act.
(2) If an approved college or university fails to provide the
specified information, such approvals and such issuance of visas shall
be revoked or denied.
(e) Funding.--(1) The Attorney General and the Secretary shall use
funds collected under section 281(b) of the Immigration and Nationality
Act, as added by this subsection, to pay for the costs of carrying out
this section.
(2) Section 281 of the Immigration and Nationality Act (8 U.S.C.
1351) is amended--
(A) by inserting ``(a)'' after ``SEC. 281.''; and
(B) by adding at the end the following:
``(b)(1) In addition to fees that are prescribed under subsection
(a), the Secretary of State shall impose and collect a fee on all visas
issued under the provisions of section 101(a)(15) (F), (J), or (M) of
the Immigration and Nationality Act. With respect to visas issued under
the provisions of section 101(a)(15)(J), this subsection shall not
apply to those `J' visa holders whose presence in the United States is
sponsored by the United States Government.
``(2) The Attorney General shall impose and collect a fee on all
changes of nonimmigrant status under section 248 to such
classifications. This subsection shall not apply to those `J' visa
holders whose presence in the United States is sponsored by the United
States Government.
``(3) Except as provided in section 205(g)(2) of the Immigration
Reform Act of 1996, the amount of the fees imposed and collected under
paragraphs (1) and (2) shall be the amount which the Attorney General
and the Secretary jointly determine is necessary to recover the costs
of conducting the information-collection program described in
subsection (a), but may not exceed $100.
``(4) Funds collected under paragraph (1) shall be available to the
Attorney General and the Secretary, without regard to appropriation
Acts and without fiscal year limitation, to supplement funds otherwise
available to the Department of Justice and the Department of State,
respectively.''.
(3) The amendments made by paragraphs (1) and (2) shall become
effective April 1, 1997.
(f) Joint Report.--Not later than five years after the commencement
of the pilot program established under subsection (a), the Attorney
General and the Secretary of State shall jointly submit to the
Committees on the Judiciary of the United States Senate and House of
Representatives on the operations of the pilot program and the
feasibility of expanding the program to cover the nationals of all
countries.
(g) Worldwide Applicability of the Program.--(1)(A) Not later than
six months after the submission of the report required by subsection
(f), the Secretary of State and the Attorney General shall jointly
commence expansion of the pilot program to cover the nationals of all
countries.
(B) Such expansion shall be completed not later than one year after
the date of the submission of the report referred to in subsection (f).
(2) After the program has been expanded, as provided in paragraph
(1), the Attorney General and the Secretary of State may, on a periodic
basis, jointly revise the amount of the fee imposed and collected under
section 281(b) of the Immigration and Nationality Act in order to take
into account changes in the cost of carrying out the program.
(h) Definition.--As used in this section, the phrase ``approved
colleges and universities'' means colleges and universities approved by
the Attorney General, in consultation with the Secretary of Education,
under subparagraph (F), (J), or (M) of section 101(a)(15) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)).
SEC. 216. FALSE CLAIMS OF UNITED STATES CITIZENSHIP.
(a) Exclusion of Aliens Who Have Falsely Claimed United States
Citizenship.--Section 212(a)(9) (8 U.S.C. 1182(a)(9)) is amended by
adding at the end the following new subparagraph:
``(D) Falsely claiming citizenship.--Any alien who
falsely represents, or has falsely represented, himself
to be a citizen of the United States is excludable.''.
(b) Deportation of Aliens Who Have Falsely Claimed United States
Citizenship.--Section 241(a) (8 U.S.C. 1251(a)) is amended by adding at
the end the following new paragraph:
``(6) Falsely claiming citizenship.--Any alien who falsely
represents, or has falsely represented, himself to be a citizen
of the United States is deportable.''.
SEC. 217. VOTING BY ALIENS.
(a) Criminal Penalty for Voting by Aliens in Federal Election.--
Title 18, United States Code, is amended by adding the following new
section:
``Sec. 611. Voting by aliens
``(a) It shall by unlawful for any alien to vote in any election
held solely or in part for the purpose of electing a candidate for the
office of President, Vice President, Presidential elector, Member of
the Senate, Member of the House of Representatives, Delegate from the
District of Columbia, or Resident Commissioner, unless--
``(1) the election is held partly for some other purpose;
``(2) aliens are authorized to vote for such other purpose
under a State constitution or statute or a local ordinance; and
``(3) voting for such other purpose is conducted
independently of voting for a candidate for such Federal
offices, in such a manner that an alien has the opportunity to
vote for such other purpose, but not an opportunity to vote for
a candidate for any one or more of such Federal offices.
``(b) Any person who violates this section shall be fined not more
than $5,000 or imprisoned not more than one year or both.''.
(b) Exclusion of Aliens Who Have Unlawfully Voted.--Section 212(a)
(8 U.S.C. 1182(a)) is amended by adding at the end the following new
paragraph:
``(9) Unlawful voters.--Any alien who has voted in
violation of any Federal, State, or local constitutional
provision, statute, ordinance, or regulation is excludable.''.
(c) Deportation of Aliens Who Have Unlawfully Voted.--Section
241(a) (8 U.S.C. 1251(a)) is amended by adding at the end the following
new paragraph:
``(6) Unlawful voters.--Any alien who has voted in
violation of any Federal, State, or local constitutional
provision, statute, ordinance, or regulation is deportable.''.
SEC. 218. EXCLUSION GROUNDS FOR OFFENSES OF DOMESTIC VIOLENCE,
STALKING, CRIMES AGAINST CHILDREN, AND CRIMES OF SEXUAL
VIOLENCE.
(a) In General.--Section 241(a)(2) (8 U.S.C. 1251(a)(2)) is amended
by adding at the end the following:
``(E) Domestic violence, violation of protection
order, crimes against children and stalking.--(i) Any
alien who at any time after entry is convicted of a
crime of domestic violence is deportable.
``(ii) Any alien who at any time after entry
engages in conduct that violates the portion of a
protection order that involves protection against
credible threats of violence, repeated harassment, or
bodily injury to the person or persons for whom the
protection order was issued is deportable.
``(iii) Any alien who at any time after entry is
convicted of a crime of stalking is deportable.
``(iv) Any alien who at any time after entry is
convicted of a crime of child abuse, child sexual
abuse, child neglect, or child abandonment is
deportable.
``(F) Crimes of sexual violence.--Any alien who at
any time after entry is convicted of a crime of rape,
aggravated sodomy, aggravated sexual abuse, sexual
abuse, abusive sexual contact, or other crime of sexual
violence is deportable.''.
(b) Definitions.--Section 101(a) (8 U.S.C. 1101(a)) is amended by
adding at the end the following new paragraphs:
``(47) The term `crime of domestic violence' means any felony or
misdemeanor crime of violence committed by a current or former spouse
of the victim, by a person with whom the victim shares a child in
common, by a person who is cohabiting with or has cohabited with the
victim as a spouse, by a person similarly situated to a spouse of the
victim under the domestic or family violence laws of the jurisdiction
where the offense occurs, or by any other adult person against a victim
who is protected from that person's acts under the domestic or family
violence laws of the United States or any State, Indian tribal
government, or unit of local government.
``(48) The term `protection order' means any injunction issued for
the purpose of preventing violent or threatening acts of domestic
violence, including temporary or final orders issued by civil or
criminal courts (other than support or child custody orders or
provisions) whether obtained by filing an independent action or as a
pendente lite order in another proceeding.''.
(c) Effective Date.--This section will become effective one day
after the date of enactment of the Act.
Subtitle C--Housing Assistance
SEC. 221. SHORT TITLE.
This subtitle may be cited as the ``Use of Assisted Housing by
Aliens Act of 1996''.
SEC. 222. PRORATING OF FINANCIAL ASSISTANCE.
Section 214(b) of the Housing and Community Development Act of 1980
(42 U.S.C. 1436a(b)) is amended--
(1) by inserting ``(1)'' after ``(b)''; and
(2) by adding at the end the following new paragraph:
``(2) If the eligibility for financial assistance of at least one
member of a family has been affirmatively established under the program
of financial assistance and under this section, and the ineligibility
of one or more family members has not been affirmatively established
under this section, any financial assistance made available to that
family by the Secretary of Housing and Urban Development shall be
prorated, based on the number of individuals in the family for whom
eligibility has been affirmatively established under the program of
financial assistance and under this section, as compared with the total
number of individuals who are members of the family.''.
SEC. 223. ACTIONS IN CASES OF TERMINATION OF FINANCIAL ASSISTANCE.
Section 214(c)(1) of the Housing and Community Development Act of
1980 (42 U.S.C. 1436a(c)(1)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``may, in its discretion,'' and inserting ``shall'';
(2) in subparagraph (A), by adding at the end the
following: ``Financial assistance continued under this
subparagraph for a family may be provided only on a prorated
basis, under which the amount of financial assistance is based
on the percentage of the total number of members of the family
that are eligible for that assistance under the program of
financial assistance and under this section.''; and
(3) in subparagraph (B)--
(A) by striking ``6-month period'' and all that
follows through the end of the subparagraph and
inserting ``single 3-month period.'';
(B) by inserting ``(i)'' after ``(B)'';
(C) by striking ``Any deferral'' and inserting the
following:
``(ii) Except as provided in clause (iii) and
subject to clause (iv), any deferral''; and
(D) by adding at the end the following new clauses:
``(iii) The time period described in clause (ii)
shall not apply in the case of a refugee under section
207 of the Immigration and Nationality Act or an
individual seeking asylum under section 208 of that
Act.
``(iv) The time period described in clause (ii)
shall be extended for a period of 1 month in the case
of any individual who is provided, upon request, with a
hearing under this section.''.
SEC. 224. VERIFICATION OF IMMIGRATION STATUS AND ELIGIBILITY FOR
FINANCIAL ASSISTANCE.
Section 214(d) of the Housing and Community Development Act of 1980
(42 U.S.C. 1436a(d)) is amended--
(1) in the matter preceding paragraph (1), by inserting
``or to be'' after ``being'';
(2) in paragraph (1)(A), by adding at the end the
following: ``If the declaration states that the individual is
not a citizen or national of the United States and that the
individual is younger than 62 years of age, the declaration
shall be verified by the Immigration and Naturalization
Service. If the declaration states that the individual is a
citizen or national of the United States, the Secretary of
Housing and Urban Development, or the agency administering
assistance covered by this section, may request verification of
the declaration by requiring presentation of documentation that
the Secretary considers appropriate, including a United States
passport, resident alien card, alien registration card, social
security card, or other documentation.'';
(3) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by
striking ``on the date of the enactment of the Housing
and Community Development Act of 1987'' and inserting
``on the date of enactment of the Use of Assisted
Housing by Aliens Act of 1996 or applying for financial
assistance on or after that date''; and
(B) by adding at the end the following:
``In the case of an individual applying for financial assistance on or
after the date of enactment of the Use of Assisted Housing by Aliens
Act of 1996, the Secretary may not provide any such assistance for the
benefit of that individual before documentation is presented and
verified under paragraph (3) or (4).'';
(4) in paragraph (4)--
(A) in the matter preceding subparagraph (A), by
striking ``on the date of the enactment of the Housing
and Community Development Act of 1987'' and inserting
``on the date of enactment of the Use of Assisted
Housing by Aliens Act of 1996 or applying for financial
assistance on or after that date'';
(B) in subparagraph (A)--
(i) in clause (i)--
(I) by inserting ``, not to exceed
30 days,'' after ``reasonable
opportunity''; and
(II) by striking ``and'' at the
end; and
(ii) by striking clause (ii) and inserting
the following:
``(ii) in the case of any individual
receiving assistance on the date of enactment
of the Use of Assisted Housing by Aliens Act of
1996, may not delay, deny, reduce, or terminate
the eligibility of that individual for
financial assistance on the basis of the
immigration status of that individual until the
expiration of that 30-day period; and
``(iii) in the case of any individual
applying for financial assistance on or after
the date of enactment of the Use of Assisted
Housing by Aliens Act of 1996, may not deny the
application for such assistance on the basis of
the immigration status of that individual until
the expiration of that 30-day period; and'';
and
(C) in subparagraph (B), by striking clause (ii)
and inserting the following:
``(ii) pending such verification or appeal,
the Secretary may not--
``(I) in the case of any individual
receiving assistance on the date of
enactment of the Use of Assisted
Housing by Aliens Act of 1996, delay,
deny, reduce, or terminate the
eligibility of that individual for
financial assistance on the basis of
the immigration status of that
individual; and
``(II) in the case of any
individual applying for financial
assistance on or after the date of
enactment of the Use of Assisted
Housing by Aliens Act of 1996, deny the
application for such assistance on the
basis of the immigration status of that
individual; and'';
(5) in paragraph (5), by striking ``status--'' and all that
follows through the end of the paragraph and inserting the
following: ``status, the Secretary shall--
``(A) deny the application of that individual for
financial assistance or terminate the eligibility of
that individual for financial assistance, as
applicable; and
``(B) provide to the individual written notice of
the determination under this paragraph and the right to
a fair hearing process.''; and
(6) by striking paragraph (6) and inserting the following:
``(6) The Secretary shall terminate the eligibility for
financial assistance of an individual and the members of the
household of the individual, for a period of not less than 24
months, upon determining that such individual has knowingly
permitted another individual who is not eligible for such
assistance to reside in the public or assisted housing unit of
the individual. This provision shall not apply to a family if
the ineligibility of the ineligible individual at issue was
considered in calculating any proration of assistance provided
for the family.''.
SEC. 225. PROHIBITION OF SANCTIONS AGAINST ENTITIES MAKING FINANCIAL
ASSISTANCE ELIGIBILITY DETERMINATIONS.
Section 214(e) of the Housing and Community Development Act of 1980
(42 U.S.C. 1436a(e)) is amended--
(1) in paragraph (2), by adding ``or'' at the end;
(2) in paragraph (3), by adding at the end the following:
``the response from the Immigration and Naturalization Service
to the appeal of that individual.''; and
(3) by striking paragraph (4).
SEC. 226. ELIGIBILITY FOR PUBLIC AND ASSISTED HOUSING.
Section 214 of the Housing and Community Development Act of 1980
(42 U.S.C. 1436a) is amended by adding at the end the following new
subsection:
``(h) Verification of Eligibility.--
``(1) In general.--Except in the case of an election under
paragraph (2)(A), no individual or family applying for
financial assistance may receive such financial assistance
prior to the affirmative establishment and verification of
eligibility of that individual or family under this section by
the Secretary or other appropriate entity.
``(2) Rules applicable to public housing agencies.--A
public housing agency (as that term is defined in section 3 of
the United States Housing Act of 1937)--
``(A) may elect not to comply with this section;
and
``(B) in complying with this section--
``(i) may initiate procedures to
affirmatively establish or verify the
eligibility of an individual or family under
this section at any time at which the public
housing agency determines that such eligibility
is in question, regardless of whether or not
that individual or family is at or near the top
of the waiting list of the public housing
agency;
``(ii) may affirmatively establish or
verify the eligibility of an individual or
family under this section in accordance with
the procedures set forth in section 274A(b)(1)
of the Immigration and Nationality Act; and
``(iii) shall have access to any relevant
information contained in the SAVE system (or
any successor thereto) that relates to any
individual or family applying for financial
assistance.
``(3) Eligibility of families.--For purposes of this
subsection, with respect to a family, the term `eligibility'
means the eligibility of each family member.''.
SEC. 227. REGULATIONS.
(a) Issuance.--Not later than the 60 days after the date of
enactment of this Act, the Secretary of Housing and Urban Development
shall issue any regulations necessary to implement the amendments made
by this part. Such regulations shall be issued in the form of an
interim final rule, which shall take effect upon issuance and shall not
be subject to the provisions of section 533 of title 5, United States
Code, regarding notice or opportunity for comment.
(b) Failure To Issue.--If the Secretary fails to issue the
regulations required under subsection (a) before the date specified in
that subsection, the regulations relating to restrictions on assistance
to noncitizens, contained in the final rule issued by the Secretary of
Housing and Urban Development in RIN-2501-AA63 (Docket No. R-95-1409;
FR-2383-F-050), published in the Federal Register on March 20, 1995
(Vol. 60, No. 53; pp. 14824-14861), shall not apply after that date.
Subtitle D--Effective Dates
SEC. 231. EFFECTIVE DATES.
(a) In General.--Except as provided in subsection (b) or as
otherwise provided in this title, this title and the amendments made by
this title shall take effect on the date of the enactment of this Act.
(b) Benefits.--The provisions of sections 201 and 204 shall apply
to benefits and to applications for benefits received on or after the
date of the enactment of this Act.
TITLE III--MISCELLANEOUS PROVISIONS
SEC. 301. CHANGES REGARDING VISA APPLICATION PROCESS.
(a) Nonimmigrant Applications.--Section 222(c) (8 U.S.C. 1202(c))
is amended--
(1) by striking all that follows after ``United States;''
through ``marital status;''; and
(2) by adding at the end thereof the following: ``At the
discretion of the Secretary of State, application forms for the
various classes of nonimmigrant admissions described in section
101(a)(15) may vary according to the class of visa being
requested.''.
(b) Disposition of Applications.--Section 222(e) (8 U.S.C. 1202(e))
is amended--
(1) in the first sentence, by striking ``required by this
section'' and inserting ``for an immigrant visa''; and
(2) in the third sentence--
(A) by inserting ``or other document'' after
``stamp,''; and
(B) by striking ``by the consular officer''.
SEC. 302. VISA WAIVER PROGRAM.
(a) Extension of Program.--Section 217(f) (8 U.S.C. 1187(f)) is
amended by striking ``1996'' and inserting ``1998''.
(b) Repeal of Probationary Program.--(1) Section 217(g) (8 U.S.C.
1187(g)) is repealed.
(2) A country designated as a pilot program country with
probationary status under section 217(g) of the Immigration and
Nationality Act (as in effect prior to the date of enactment of this
Act) shall be subject to paragraphs (3) and (4) of that subsection as
if such paragraphs were not repealed.
(c) Duration and Termination of Designation of Pilot Program
Countries.--Section 217, as amended by this section, is further amended
by adding at the end the following:
``(g) Duration and Termination of Designation.--
``(1) Program countries.--(A) Upon determination by the
Attorney General that a visa waiver program country's
disqualification rate is 2 percent or more, the Attorney
General shall notify the Secretary of State.
``(B) If the program country's disqualification rate is
greater than 2 percent but less than 3.5 percent, the Attorney
General and the Secretary of State shall place the program
country in probationary status for a period not to exceed 3
full fiscal years following the year in which the designation
of the country as a pilot program country is made.
``(C) If the program country's disqualification rate is 3.5
percent or more, the Attorney General and the Secretary of
State, acting jointly, shall terminate the country's
designation effective at the beginning of the second fiscal
year following the fiscal year in which the determination is
made.
``(2) End of probationary status.--(A) If the Attorney
General and the Secretary of State, acting jointly, determine
at the end of the probationary period described in subparagraph
(B) that the program country's disqualification rate is less
than 2 percent, they shall redesignate the country as a program
country.
``(B) If the Attorney General and the Secretary of State,
acting jointly, determine at the end of the probationary period
described in subparagraph (B) that a visa waiver country has--
``(i) failed to develop a machine readable passport
program as required by subparagraph (C) of subsection
(c)(2), or
``(ii) has a disqualification rate of 2 percent or
more,
then the Attorney General and the Secretary of State shall
jointly terminate the designation of the country as a visa
waiver program country, effective at the beginning of the first
fiscal year following the fiscal year in which in the
determination is made.
``(3) Discretionary termination.--Notwithstanding any other
provision of this section, the Attorney General and the
Secretary of State, acting jointly, may for any reason
(including national security or failure to meet any other
requirement of this section), at any time, rescind any waiver
under subsection (a) or terminate any designation under
subsection (c), effective upon such date as they shall jointly
determine.
``(4) Effective date of termination.--Nationals of a
country whose eligibility for the program is terminated by the
Attorney General and the Secretary of State, acting jointly,
may continue to have paragraph (7)(B)(i)(II) of section 212(a)
waived, as authorized by subsection (a), until the country's
termination of designation becomes effective as provided in
this subsection.
``(5) Nonapplicability of certain provisions.--Paragraphs
(1)(C) and (3) shall not apply unless the total number of
nationals of a designated country, as described in paragraph
(6)(A), is in excess of 100.
``(6) Definition.--For purposes of this subsection, the
term `disqualification rate' means the ratio of--
``(A) the total number of nationals of the visa
waiver program country--
``(i) who were excluded from admission or
withdrew their application for admission during
the most recent fiscal year for which data is
available, and
``(ii) who were admitted as nonimmigrant
visitors during such fiscal year and who
violated the terms of such admission, to
``(B) the total number of nationals of that country
who applied for admission as nonimmigrant visitors
during such fiscal year.''.
SEC. 303. TECHNICAL AMENDMENT.
Section 212(d)(11) of the Immigration and Nationality Act (8 U.S.C.
1182(d)(11)) is amended by inserting a ``comma'' after ``(4)
thereof)''.
SEC. 304. CRIMINAL PENALTIES FOR HIGH SPEED FLIGHTS FROM IMMIGRATION
CHECKPOINTS.
(a) Findings.--Congress makes the following findings:
(1) Immigration checkpoints are an important component of
the national strategy to prevent illegal immigration.
(2) Individuals fleeing immigration checkpoints and leading
law enforcement officials on high speed vehicle chases endanger
law enforcement officers, innocent bystanders, and the fleeing
individuals themselves.
(3) The pursuit of suspects fleeing immigration checkpoints
is complicated by overlapping jurisdiction among Federal,
State, and local law enforcement officers.
(b) High Speed Flight from Border Checkpoints.--Chapter 35 of title
18, United States Code, is amended by inserting the following new
section:
``Sec. 758. High speed flight from immigration checkpoint
``(a) Whoever flees or evades a checkpoint operated by the
Immigration and Naturalization Service or any other Federal law
enforcement agency in a motor vehicle after entering the United States
and flees Federal, State, or local law enforcement agents in excess of
the legal speed limit shall be imprisoned not more than five years.''.
(c) Grounds for Deportation.--Section 241(a)(2)(A) (8 U.S.C.
1251(a)(2)(A)) of title 8, United States Code, is amended by inserting
the following new subsection:
``(v) High Speed Flight.--Any alien who is convicted of high speed
flight from a checkpoint (as defined by section 758(a) of chapter 35)
is deportable.''.
SEC. 305. CHILDREN BORN ABROAD TO UNITED STATES CITIZEN MOTHERS;
TRANSMISSION REQUIREMENTS.
(a) Amendments to Immigration and Nationality Act Technical
Corrections Act of 1994.--Section 101(d) of the Immigration and
Nationality Technical Corrections Act of 1994 (Public Law 103-416) is
amended to read as follows:
``(d) Applicability of transmission requirements.--Notwithstanding
this section and the amendments made by this section, any provision of
law relating to residence or physical presence in the United States for
purposes of transmitting United States citizenship shall apply to any
person whose claim of citizenship is based on the amendment made by
subsection (a), and to any person through whom such a claim of
citizenship is derived.''.
(b) Effective Date.--The amendment made by this section shall be
deemed to have become effective as of the date of enactment of the
Immigration and Nationality Technical Corrections Act of 1994.
SEC. 306. FEE FOR DIVERSITY IMMIGRANT LOTTERY.
The Secretary of State may establish a fee to be paid by each
immigrant issued a visa under subsection (c) of section 203 of the
Immigration and Nationality Act (8 U.S.C. 1153(c)). Such fee may be set
at a level so as to cover the full cost to the Department of State of
administering that subsection, including the cost of processing all
applications thereunder. All such fees collected shall be deposited as
an offsetting collection to any Department of State appropriation and
shall remain available for obligation until expended. The provisions of
the Act of August 18, 1856 (Rev. Stat. 1726-28; 22 U.S.C. 4212-14),
concerning accounting for consular fees, shall not apply to fees
collected pursuant to this section.
SEC. 307. SUPPORT OF DEMONSTRATION PROJECTS FOR NATURALIZATION
CEREMONIES.
(a) Findings.--The Congress makes the following findings:
(1) American democracy performs best when the maximum
number of people subject to its laws participate in the
political process, at all levels of government.
(2) Citizenship actively exercised will better assure that
individuals both assert their rights and fulfill their
responsibilities of membership within our political community,
thereby benefiting all citizens and residents of the United
States.
(3) A number of private and charitable organizations assist
in promoting citizenship, and the Senate urges them to continue
to do so.
(b) Demonstration Projects.--The Attorney General shall make
available funds under this section, in each of 5 consecutive years
(beginning with 1996), to the Immigration and Naturalization Service or
to other public or private nonprofit entities to support demonstration
projects under this section at 10 sites throughout the United States.
Each such project shall be designed to provide for the administration
of the oath of allegiance (under section 337(a) of the Immigration and
Nationality Act) on a business day around the 4th of July for
approximately 500 people whose application for naturalization has been
approved. Each project shall provide for appropriate outreach and
ceremonial and celebratory activities.
(c) Selection of Sites.--The Attorney General shall, in the
Attorney General's discretion, select diverse locations for sites on
the basis of the number of naturalization applicants living in
proximity to each site and on the degree of local community
participation and support in the project to be held at the site. Not
more than 2 sites may be located in the same State. The Attorney
General should consider changing the sites selected from year to year.
(d) Amounts Available; Use of Funds.--
(1) Amount.--The amount that may be made available under
this section with respect to any single site for a year shall
not exceed $5,000.
(2) Use.--Funds provided under this section may only be
used to cover expenses incurred carrying out symbolic swearing-
in ceremonies at the demonstration sites, including expenses
for--
(A) cost of personnel of the Immigration and
Naturalization Service (including travel and overtime
expenses),
(B) local outreach,
(C) rental of space, and
(D) costs of printing appropriate brochures and
other information about the ceremonies.
(3) Availability of funds.--Funds that are otherwise
available to the Immigration and Naturalization Service to
carry out naturalization activities (including funds in the
Immigration Examinations Fee Account, under section 286(n) of
the Immigration and Nationality Act) shall be available under
this section.
(e) Application.--In the case of an entity other than the
Immigration and Naturalization Service seeking to conduct a
demonstration project under this section, no amounts may be made
available to the entity under this section unless an appropriate
application has been made to, and approved by, the Attorney General, in
a form and manner specified by the Attorney General.
(f) State Defined.--For purposes of this section, the term
``State'' has the meaning given such term in section 101(a)(36) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(36)).
SEC. 308. REVIEW OF CONTRACTS WITH ENGLISH AND CIVICS TEST ENTITIES.
(a) In General.--The Attorney General of the United States shall
investigate and submit a report to the Congress regarding the practices
of test entities authorized to administer the English and civics tests
pursuant to section 312.3(a) of title 8, Code of Federal Regulations.
The report shall include any findings of fraudulent practices by the
testing entities.
(b) Preliminary and Final Reports.--Not later than 90 days after
the date of the enactment of this Act, the Attorney General shall
submit to the Congress a preliminary report of the findings of the
investigation conducted pursuant to subsection (a) and shall submit to
the Congress a final report within 275 days after the submission of the
preliminary report.
SEC. 309. DESIGNATION OF A UNITED STATES CUSTOMS ADMINISTRATIVE
BUILDING.
(a) Designation.--The United States Customs Administrative Building
at the Ysleta/Zaragosa Port of Entry located at 797 South Zaragosa Road
in El Paso, Texas, shall be known and designated as the ``Timothy C.
McCaghren Customs Administrative Building''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the building referred to
in section 1 shall be deemed to be a reference to the ``Timothy C.
McCaghren Customs Administrative Building''.
SEC. 310. WAIVER OF FOREIGN COUNTRY RESIDENCE REQUIREMENT WITH RESPECT
TO INTERNATIONAL MEDICAL GRADUATES.
(a) Extension of Waiver Program.--Section 220(c) of the Immigration
and Nationality Technical Corrections Act of 1994 (8 U.S.C. 1182 note)
is amended by striking ``June 1, 1996'' and inserting ``June 1, 2002''.
(b) Conditions on Federally Requested Waivers.--Section 212(e) of
the Immigration and Nationality Act (8 U.S.C. 1184(e)) is amended by
inserting after ``except that in the case of a waiver requested by a
State Department of Public Health or its equivalent'' the following:
``or in the case of a waiver requested by an interested United States
Government agency on behalf of an alien described in clause (iii)''.
(c) Restrictions on Federally Requested Waivers.--Section 214(k) (8
U.S.C. 1184(k)) is amended to read as follows:
``(k)(1) In the case of a request by an interested State agency or
by an interested United States Government agency for a waiver of the
two-year foreign residence requirement under section 212(e) with
respect to an alien described in clause (iii) of that section, the
Attorney General shall not grant such waiver unless--
``(A) in the case of an alien who is otherwise
contractually obligated to return to a foreign country, the
government of such country furnishes the Director of the United
States Information Agency with a statement in writing that it
has no objection to such waiver; and
``(B)(i) in the case of a request by an interested State
agency--
``(I) the alien demonstrates a bona fide offer of
full-time employment, agrees to begin employment with
the health facility or organization named in the waiver
application within 90 days of receiving such waiver,
and agrees to work for a total of not less than three
years (unless the Attorney General determines that
extenuating circumstances exist, such as closure of the
facility or hardship to the alien would justify a
lesser period of time); and
``(II) the alien's employment continues to benefit
the public interest; or
``(ii) in the case of a request by an interested United
States Government agency--
``(I) the alien demonstrates a bona fide offer of
full-time employment that has been found to be in the
public interest, agrees to begin employment with the
health facility or organization named in the waiver
application within 90 days of receiving such waiver,
and agrees to work for a total of not less than three
years (unless the Attorney General determines that
extenuating circumstances exist, such as closure of the
facility or hardship to the alien would justify a
lesser period of time); and
``(II) the alien's employment continues to benefit
the public interest;
``(C) in the case of a request by an interested State
agency, the alien agrees to practice medicine in accordance
with paragraph (2) for a total of not less than three years
only in the geographic area or areas which are designated by
the Secretary of Health and Human Services as having a shortage
of health care professionals; and
``(D) in the case of a request by an interested State
agency, the grant of such a waiver would not cause the number
of waivers allotted for that State for that fiscal year to
exceed 20.
``(2)(A) Notwithstanding section 248(2) the Attorney General may
change the status of an alien that qualifies under this subsection and
section 212(e) to that of an alien described in section
101(a)(15)(H)(i)(b).
``(B) No person who has obtained a change of status under
subparagraph (A) and who has failed to fulfill the terms of the
contract with the health facility or organization named in the waiver
application shall be eligible to apply for an immigrant visa, for
permanent residence, or for any other change of nonimmigrant status
until it is established that such person has resided and been
physically present in the country of his nationality or his last
residence for an aggregate of at least two years following departure
from the United States.
``(3) Notwithstanding any other provisions of this subsection, the
two-year foreign residence requirement under section 212(e) shall apply
with respect to an alien in clause (iii) of that section who has not
otherwise been accorded status under section 101(a)(27)(H)--
``(A) in the case of a request by an interested State
agency, if at any time the alien practices medicine in an area
other than an area described in paragraph (1)(C); and
``(B) in the case of a request by an interested United
States Government agency, if at any time the alien engages in
employment for a health facility or organization not named in
the waiver application.''.
SEC. 311. CONTINUED VALIDITY OF LABOR CERTIFICATIONS AND PETITIONS FOR
PROFESSIONAL ATHLETES.
(a) Labor Certification.--Section 212(a)(5) is amended by adding at
the end the following:
``(D) Professional athletes.--The labor
certification received for a professional athlete shall
remain valid for that athlete after the athlete changes
employer if the new employer is a team in the same
sport as the team which employed the athlete when he
first applied for labor certification hereunder. For
purposes of this subparagraph, the term `professional
athlete' means an individual who is employed as an
athlete by a team that belongs to the National Hockey
League, the National Football League, the National
Basketball Association, Major League Baseball, or any
minor league which is affiliated with one of the
forgoing leagues.''.
(b) Petitions.--Section 204(a)(1)(D) is amended by adding at the
end the following new sentences: ``A petition for a professional
athlete will remain valid for that athlete after the athlete changes
employers provided that the new employer is a team in the same sport as
the team which employed the athlete when he first applied for labor
certification hereunder. For purposes of the preceding sentence, the
term `professional athlete' means an individual who is employed as an
athlete by a team that belongs to the National Hockey League, the
National Football League, the National Basketball Association, Major
League Baseball, or any minor league which is affiliated with one of
the foregoing leagues.''.
SEC. 312. MAIL-ORDER BRIDE BUSINESS.
(a) Congressional Findings.--The Congress makes the following
findings:
(1) There is a substantial ``mail-order bride'' business in
the United States. With approximately 200 companies in the
United States, an estimated 2,000 to 3,500 American men find
wives through mail-order bride catalogs each year. However,
there are no official statistics available on the number of
mail-order brides entering the United States each year.
(2) The companies engaged in the mail-order bride business
earn substantial profits from their businesses.
(3) Although many of these mail-order marriages work out,
in many other cases, anecdotal evidence suggests that mail-
order brides often find themselves in abusive relationships.
There is also evidence to suggest that a substantial number of
mail-order marriages constitute marriage fraud under United
States law.
(4) Many mail-order brides come to the United States
unaware or ignorant of United States immigration law. Mail-
order brides who are battered spouses often think that if they
flee an abusive marriage, they will be deported. Often the
citizen spouse threatens to have them deported if they report
the abuse.
(5) The Immigration and Naturalization Service estimates
the rate of marriage fraud between foreign nationals and United
States citizens or legal permanent residents as eight percent.
It is unclear what percent of those marriage fraud cases
originated as mail-order marriages.
(b) Information Dissemination.--Each international matchmaking
organization doing business in the United States shall disseminate to
recruits, upon recruitment, such immigration and naturalization
information as the Immigration and Naturalization Service deems
appropriate, in the recruit's native language, including information
regarding conditional permanent residence status, permanent resident
status, the battered spouse waiver of conditional permanent resident
status requirement, marriage fraud penalties, immigrants' rights, the
unregulated nature of the business, and the study mandated in
subsection (c).
(c) Study.--The Attorney General, in consultation with the
Commissioner of Immigration and Naturalization and the Violence Against
Women Office of the Department of Justice, shall conduct a study to
determine, among other things--
(1) the number of mail-order marriages;
(2) the extent of marriage fraud arising as a result of the
services provided by international matchmaking organizations;
(3) the extent to which mail-order spouses utilize section
244(a)(3) of the Immigration and Nationality Act providing for
waiver of deportation in the event of abuse, or section
204(a)(1)(A)(iii) of such Act providing for self-petitioning
for permanent resident status;
(4) the extent of domestic abuse in mail-order marriages;
and
(5) the need for continued or expanded regulation and
education to implement the objectives of the Violence Against
Women Act of 1994 in this area.
(d) Report.--Not later than one year after the date of enactment of
this Act, the Attorney General shall submit a report to the Congress
setting forth the results of the study conducted under subsection (c).
(e) Civil Penalty.--(1) The Attorney General shall impose a civil
penalty of not to exceed $20,000 for each violation of subsection (b).
(2) Any penalty under paragraph (1) may be imposed only after
notice and opportunity for an agency hearing on the record in
accordance with sections 554 through 557 of title 5, United States
Code.
(f) Definitions.--As used in this section:
(1) International matchmaking organization.--The term
``international matchmaking organization'' means a corporation,
partnership, business, or other legal entity, whether or not
organized under the laws of the United States or any State,
that does business in the United States and for profit offers
to United States citizens or permanent resident aliens, dating,
matrimonial, or social referral services to nonresident,
noncitizens, by--
(A) an exchange of names, telephone numbers,
addresses, or statistics;
(B) selection of photographs; or
(C) a social environment provided by the
organization in a country other than the United States.
(2) Recruit.--The term ``recruit'' means a noncitizen,
nonresident person, recruited by the international matchmaking
organization for the purpose of providing dating, matrimonial,
or social referral services to United States citizens or
permanent resident aliens.
SEC. 313. APPROPRIATIONS FOR CRIMINAL ALIEN TRACKING CENTER.
Section 130002(b) of the Violent Crime Control and Law Enforcement
Act of 1994 (8 U.S.C. 1252 note) is amended--
(1) by inserting ``and'' after ``1996;'', and
(2) by striking paragraph (2) and all that follows through
the end period and inserting the following:
``(2) $5,000,000 for each of fiscal years 1997 through
2001.''.
SEC. 314. BORDER PATROL MUSEUM
(a) Authority.--Notwithstanding section 203 of the Federal Property
and Administrative Services Act of 1949 (40 U.S.C. 484) or any other
provision of law, the Attorney General is authorized to transfer and
convey to the Border Patrol Museum and Memorial Library Foundation,
incorporated in the State of Texas, such equipment, artifacts, and
memorabilia held by the Immigration and Naturalization Service, as the
Attorney General may determine is necessary to further the purposes of
the Museum and Foundation.
(b) Technical Assistance.--The Attorney General is authorized to
provide technical assistance, through the detail of personnel of the
Immigration and Naturalization Service, to the Border Patrol Museum and
Memorial Library Foundation for the purpose of demonstrating the use of
the items transferred under subsection (a).
SEC. 315. PILOT PROGRAMS TO PERMIT BONDING.
(a) In General.--The Attorney General of the United States shall
establish a pilot program in 5 INS district offices (at least 2 of
which are in States selected for a demonstration project under section
112 of this Act) to require aliens to post a bond in lieu of the
affidavit requirements in section 203 of the Immigration Control and
Financial Responsibility Act of 1996 and the deeming requirements in
section 204 of such Act. Any pilot program established pursuant to this
subsection shall require an alien to post a bond in an amount
sufficient to cover the cost of benefits for the alien and the alien's
dependents under the programs described in section 241(a)(5)(D) of the
Immigration and Nationality Act (8 U.S.C. 1251(a)(5)(D)) and shall
remain in effect until the alien and all members of the alien's family
permanently depart from the United States, are naturalized, or die.
Suit on any such bonds may be brought under the terms and conditions
set forth in section 213 of the Immigration and Nationality Act.
(b) Regulations.--Not later than 180 days after the date of the
enactment of this Act, the Attorney General shall issue regulations for
establishing the pilot programs, including--
(1) criteria and procedures for--
(A) certifying bonding companies for participation
in the program, and
(B) debarment of any such company that fails to pay
a bond, and
(2) criteria for setting the amount of the bond to assure
that the bond is in an amount that is not less than the cost of
providing benefits under the programs described in section
241(a)(5)(D) for the alien and the alien's dependents for 6
months.
(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
(d) Annual Reporting Requirement.--The Attorney General shall
report annually to Congress on the effectiveness of the pilot program,
once within 9 months and again within 1 year and 9 months after the
pilot program begins operating.
(e) Sunset.--The pilot program shall sunset after 2 years of
operation.
SEC. 316. MINIMUM STATE INS PRESENCE.
(a) In General.--Section 103 (8 U.S.C. 1103) is amended by adding
at the end the following new subsection:
``(e) The Attorney General shall ensure that no State is allocated
fewer than 10 full-time active duty agents of the Immigration and
Naturalization Service to carry out the enforcement, examinations, and
inspections functions of the Service for the purposes of effective
enforcement of the Immigration and Nationality Act.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect 90 days after the date of enactment of this Act.
SEC. 317. DISQUALIFICATION FROM ATTAINING NONIMMIGRANT OR PERMANENT
RESIDENCE STATUS.
(a) Disapproval of Petitions.--Section 204 of the Immigration and
Nationality Act (8 U.S.C. 1154) is amended by adding at the end the
following new subsection:
``(i) Restrictions on future entry of aliens apprehended for
violating immigration laws.
``(1) The Attorney General may not approve any petition for
lawful permanent residence status filed by an alien or any
person on behalf of an alien (other than petitions filed by or
on behalf of spouses of United States citizens or of aliens
lawfully admitted for permanent residence) who has at any time
been apprehended in the United States for (A) entry without
inspection, or (B) failing to depart from the United States
within one year of the expiration of any nonimmigrant visa,
until the date that is ten years after the alien's departure or
removal from the United States.''.
(b) Violation of Immigration Law as Grounds for Exclusion.--Section
212(a)(6) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(6))
is amended by adding at the end the following new subparagraph:
``(G) Any alien who (i) has at any time been
apprehended in the United States for entry without
inspection, or (ii) has failed to depart from the
United States within one year of the expiration date of
any nonimmigrant visa, unless such alien has applied
for and been granted asylum or refugee status in the
United States or has a bona fide application for asylum
pending, is excludable until the date that is ten years
after the alien's departure or removal from the United
States.''.
(c) Denial of Adjustment of Status.--Section 245(c) of the
Immigration and Nationality Act (8 U.S.C. 1255(c)) is amended--
(1) by striking ``or (5)'' and inserting ``(5)''; and
(2) by inserting before the period the following: ``or (6)
any alien who (A) has at any time been apprehended in the
United States for entry without inspection, or (B) has failed
to depart from the United States within one year of the
expiration under section 208 date of any nonimmigrant visa,
unless such alien has applied for and been granted asylum or
refugee status in the United States or has a bona fide
application for asylum pending''.
(d) Exceptions.--Section 245 (8 U.S.C. 1254) is amended by adding
at the end the following new subsection:
``(k) The following periods of time shall be excluded from the
determination of periods of unauthorized stay under subsection
(c)(6)(B) and section 204(i):
(1) Any period of time in which an alien is under 18 years
of age.
(2) Any period of time in which an alien has a bona fide
application for asylum pending under section 208.
(3) Any period of time during which an alien is provided
authorization to engage in employment in the United States
(including such an authorization under section 244A(a)(1)(B)),
or in which the alien is the spouse of such an alien.
(4) Any period of time during which the alien is a
beneficiary of family unity protection pursuant to section 301
on the Immigration Act of 1990.
(5) Any period of time for which the alien demonstrates
good cause for remaining in the United States without the
authorization of the Attorney General.
SEC. 318. PASSPORTS ISSUED FOR CHILDREN UNDER 16.
(a) In General.--Section 1 of title IX of the Act of June 15, 1917
(22 U.S.C. 213) is amended--
(1) by striking ``Before'' and insert ``(a) In General.--
Before'', and
(2) by adding at the end the following new subsection:
``(b) Passports Issued for Children Under 16.--
``(1) Signatures required.--In the case of a child under
the age of 16, the written application required as a
prerequisite to the issuance of a passport for such child shall
be signed by--
``(A) both parents of the child if the child lives
with both parents;
``(B) the parent of the child having primary
custody of the child if the child does not live with
both parents; or
``(C) the surviving parent (or legal guardian) of
the child, if 1 or both parents are deceased.
``(2) Waiver.--The Secretary of State may waive the
requirements of paragraph (1)(A) if the Secretary determines
that circumstances do not permit obtaining the signatures of
both parents.''.
(b) Effective Date.--The amendments made by this section shall
apply to applications for passports filed on or after the date of
enactment of this Act.
SEC. 319. EXCLUSION OF CERTAIN ALIENS FROM FAMILY UNITY PROGRAM.
Section 301(e) of the Immigration Act of 1990 (8 U.S.C. 1255a note)
is amended to read as follows:
``(e) Exception for Certain Aliens.--An alien is not eligible for a
new grant or extension of benefits of this section if the Attorney
General finds that the alien--
``(1) has been convicted of a felony or 3 or more
misdemeanors in the United States,
``(2) is described in section 243(h)(2) of the Immigration
and Nationality Act, or
``(3) has committed an act of juvenile delinquency which if
committed by an adult would be classified as--
``(A) a felony crime of violence that has an
element the use or attempted use of physical force
against the person of another; or
``(B) a felony offense that by its nature involves
a substantial risk that physical force against the
person of another may be used in the course of
committing the offense.''.
SEC. 320. TO ENSURE APPROPRIATELY STRINGENT PENALTIES FOR CONSPIRING
WITH OR ASSISTING AN ALIEN TO COMMIT AN OFFENSE UNDER THE
CONTROLLED SUBSTANCES IMPORT AND EXPORT ACT.
(a) Not later than 6 months following enactment of this Act, the
United States Sentencing Commission shall conduct a review of the
guidelines applicable to an offender who conspires with, or aids or
abets, a person who is not a citizen or national of the United States
in committing any offense under section 1010 of the Controlled
Substance Import and Export Act (21 U.S.C. 960).
(b) Following such review, pursuant to section 994(p) of title 28,
United States Code, the Commission shall promulgate sentencing
guidelines or amend existing sentencing guidelines to ensure an
appropriately stringent sentence for such offenders.
SEC. 321. REVIEW AND REPORT ON H-2A NONIMMIGRANT WORKERS PROGRAM.
(a) Sense of the Congress.--It is the sense of the Congress that
the enactment of this Act may impact the future availability of an
adequate work force for the producers of our Nation's labor intensive
agricultural commodities and livestock.
(b) Review.--The Comptroller General shall review the effectiveness
of the H-2A nonimmigrant worker program to ensure that the program
provides a workable safety valve in the event of future shortages of
domestic workers after the enactment of this Act. Among other things,
the Comptroller General shall review the program to determine--
(1) that the program ensures that an adequate supply of
qualified United States workers is available at the time and
place needed for employers seeking such workers after the date
of enactment of this Act;
(2) that the program ensures that there is timely approval
of applications for temporary foreign workers under the H-2A
nonimmigrant worker program in the event of shortages of United
States workers after the date of enactment of this Act;
(3) that the program ensures that implementation of the H-
2A nonimmigrant worker program is not displacing United States
agricultural workers or diminishing the terms and conditions of
employment of United States agricultural workers; and
(4) if and to what extent the H-2A nonimmigrant worker
program is contributing to the problem of illegal immigration.
(c) Report.--Not later than December 31, 1996, or three months
after the date of enactment of this Act, whichever is sooner, the
Comptroller General shall submit a report to Congress setting forth the
findings of the review conducted under subsection (b).
(d) Definitions.--As used in this section--
(1) the term ``Comptroller General'' means the Comptroller
General of the United States; and
(2) the term ``H-2A nonimmigrant worker program'' means the
program for the admission of nonimmigrant aliens described in
section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality
Act.
SEC. 322. FINDINGS RELATED TO THE ROLE OF INTERIOR BORDER PATROL
STATIONS.
The Congress makes the following findings:
(1) The Immigration and Naturalization Service has drafted
a preliminary plan for the removal of 200 Border Patrol agents
from interior stations and the transfer of these agents to the
Southwest border.
(2) The INS has stated that it intends to carry out this
transfer without disrupting service and support to the
communities in which interior stations are located.
(3) Briefings conducted by INS personnel in communities
with interior Border Patrol stations have revealed that Border
Patrol agents at interior stations, particularly those located
in Southwest border States, perform valuable law enforcement
functions that cannot be performed by other INS personnel.
(4) The transfer of 200 Border Patrol agents from interior
stations to the Southwest border, which would not increase the
total number of law enforcement personnel at INS, would cost
the Federal Government approximately $12,000,000.
(5) The cost to the Federal Government of hiring new
criminal investigators and other personnel for interior
stations is likely to be greater than the cost of retaining
Border Patrol agents at interior stations.
(6) The first recommendation of the report by the National
Task Force on Immigration was to increase the number of Border
Patrol agents at the interior stations.
(7) Therefore, it is the sense of the Congress that--
(A) the United States Border Patrol plays a key
role in apprehending and deporting undocumented aliens
throughout the United States;
(B) interior Border Patrol stations play a unique
and critical role in the agency's enforcement mission
and serve as an invaluable second line of defense in
controlling illegal immigration and its penetration to
the interior of our country;
(C) a permanent redeployment of Border Patrol
agents from interior stations is not the most cost-
effective way to meet enforcement needs along the
Southwest border, and should only be done where new
Border Patrol agents cannot practicably be assigned to
meet enforcement needs along the Southwest border; and
(D) the INS should hire, train and assign new staff
based on a strong Border Patrol presence both on the
Southwest border and in interior stations that support
border enforcement.
SEC. 323. ADMINISTRATIVE REVIEW OF ORDERS.
(a) Section 274A(e)(7) is amended by striking the phrase ``, within
30 days,''.
(b) Section 274C(d)(4) is amended by striking the phrase ``, within
30 days,''.
SEC. 324. SOCIAL SECURITY ACT.
Section 1173(d)(4)(B)) of the Social Security Act (42 U.S.C. 1320b-
7(d)(4)(B)) is amended by striking clause (i) and inserting the
following new clause:
``(i) the State shall transmit to the
Immigration and Naturalization Service either
photostatic or other similar copies of such
documents, or information from such documents,
as specified by the Immigration and
Naturalization Service, for official
verification,''.
SEC. 325. HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1980.
Section 214(d)(4)(B) of the Housing and Community Development Act
of 1980 (42 U.S.C. 1436a(d)(4)(B)) is amended by striking clause (i)
and inserting the following new clause:
``(i) the Secretary shall transmit to the
Immigration and Naturalization Service either
photostatic or other similar copies of such
documents, or information from such documents,
as specified by the Immigration and
Naturalization Service, for official
verification,''.
SEC. 326. HIGHER EDUCATION ACT OF 1965.
Section 484(g)(B) of the Higher Education Act of 1965 (20 U.S.C.
1091(g)(4)(B)) is amended by striking clause (i) and inserting the
following new clause:
``(i) the institution shall transmit to the
Immigration and Naturalization Service either
photostatic or other similar copies of such
documents, or information from such documents,
as specified by the Immigration and
Naturalization Service, for official
verification,''.
SEC. 327. LAND ACQUISITION AUTHORITY.
Section 103 of the Immigration and Nationality Act (8 U.S.C. 1103)
is amended by redesignating subsections (b), (c), and (d) as
subsections (c), (d), and (e) accordingly, and inserting the following
new subsection (b):
``(b)(1) The Attorney General may contract for or buy any interest
in land, including temporary use rights, adjacent to or in the vicinity
of an international land border when the Attorney General deems the
land essential to control and guard the boundaries and borders of the
United States against any violation of this Act.
``(2) The Attorney General may contract for or buy any interest in
land identified pursuant to subsection (a) as soon as the lawful owner
of that interest fixes a price for it and the Attorney General
considers that price to be reasonable.
``(3) When the Attorney General and the lawful owner of an interest
identified pursuant to subsection (a) are unable to agree upon a
reasonable price, the Attorney General may commence condemnation
proceedings pursuant to section 257 of title 40, United States Code.
``(4) The Attorney General may accept for the United States a gift
of any interest in land identified pursuant to subsection (a).''.
SEC. 328. SERVICES TO FAMILY MEMBERS OF INS OFFICERS KILLED IN THE LINE
OF DUTY.
Sec. 294. [8 U.S.C. 1364]--Transportation of the Remains of
Immigration Officers and Border Patrol Agents Killed in the Line of
Duty.
(a) Nothwithstanding any other provision of law, the Attorney
General may expend appropriated funds to pay for--
(1) the transportation of the remains of any Immigration
Officer or Border Patrol agent killed in the line of duty to a
place of burial located in the United States, the Commonwealth
of Puerto Rico, or the territories and possessions of the
United States;
(2) the transportation of the decedent's spouse and minor
children to and from the same site at rates no greater than
those established for official government travel; and
(3) any other memorial service sanctioned by the Department
of Justice.
(b) The Department of Justice may prepay the costs of any
transportation authorized by this section.
SEC. 329. POWERS AND DUTIES OF THE ATTORNEY GENERAL AND THE
COMMISSIONER.
Section 103 of the Immigration and Nationality Act (8 U.S.C. 1103)
is amended in subsection (a) by adding the following after the last
sentence of that subsection:
``The Attorney General, in support of persons in administrative
detention in non-Federal institutions, is authorized to make payments
from funds appropriated for the administration and enforcement of the
laws relating to immigration, naturalization, and alien registration
for necessary clothing, medical care, necessary guard hire, and the
housing, care, and security of persons detained by the Service pursuant
to Federal law under intergovernmental service agreements with State or
local units of government. The Attorney General, in support of persons
in administrative detention in non-Federal institutions, is further
authorized to enter into cooperative agreements with any State,
territory, or political subdivision thereof, for the necessary
construction, physical renovation, acquisition of equipment, supplies
or materials required to establish acceptable conditions of confinement
and detention services in any State or local jurisdiction which agrees
to provide guaranteed bed space for persons detained by the Immigration
and Naturalization Service.''.
Section 103 of the Immigration and Nationality Act (8 U.S.C. 1103)
is amended in subsection (b) by adding the following:
``The Commissioner may enter into cooperative agreements with State and
local law enforcement agencies for the purpose of assisting in the
enforcement of the immigration laws of the United States.''.
SEC. 330. PRECLEARANCE AUTHORITY.
Section 103(a) of the Immigration and Nationality Act (8 U.S.C.
1103(a)) is amended by adding at the end the following:
``After consultation with the Secretary of State, the Attorney General
may authorize officers of a foreign country to be stationed at
preclearance facilities in the United States for the purpose of
ensuring that persons traveling from or through the United States to
that foreign country comply with that country's immigration and related
laws. Those officers may exercise such authority and perform such
duties as United States immigration officers are authorized to exercise
and perform in that foreign country under reciprocal agreement, and
they shall enjoy such reasonable privileges and immunities necessary
for the performance of their duties as the government of their country
extends to United States immigration officers.''.
SEC. 331. CONFIDENTIALITY PROVISION FOR CERTAIN ALIEN BATTERED SPOUSES
AND CHILDREN.
(a) In General.--With respect to information provided pursuant to
section 150(b)(C) of this Act and except as provided in subsection (b),
in no case may the Attorney General, or any other official or employee
of the Department of Justice (including any bureau or agency of such
department)--
(1) make an adverse determination of admissibility or
deportability of an alien under the Immigration and Nationality
Act using only information furnished solely by--
(A) a spouse or parent who has battered the alien
or the alien's children or subjected the alien or the
alien's children to extreme cruelty, or
(B) a member of the alien's spouse's or parent's
family who has battered the alien or the alien's child
or subjected the alien or alien's child to extreme
cruelty,
unless the alien has been convicted of a crime or crimes listed
in section 241(a)(2) of the Immigration and Nationality Act;
(2) make any publication whereby information furnished by
any particular individual can be identified;
(3) permit anyone other than the sworn officers and
employees of the Department, bureau or agency, who needs to
examine such information for legitimate Department, bureau, or
agency purposes, to examine any publication of any individual
who files for relief as a person who has been battered or
subjected to extreme cruelty.
(b) Exceptions.--(1) The Attorney General may provide 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.
(2) The Attorney General may provide for the furnishing of
information furnished under this section to law enforcement officials
to be used solely for legitimate law enforcement purposes.
SEC. 332. DEVELOPMENT OF PROTOTYPE OF COUNTERFEIT-RESISTANT SOCIAL
SECURITY CARD REQUIRED.
(a) Development.--
(1) In general.--The Commissioner of Social Security
(hereafter in this section referred to as the ``Commissioner'')
shall in accordance with the provisions of this section develop
a prototype of a counterfeit-resistant social security card.
Such prototype card shall--
(A) be made of a durable, tamper-resistant material
such as plastic or polyester,
(B) employ technologies that provide security
features, such as magnetic stripes, holograms, and
integrated circuits, and
(C) be developed so as to provide individuals with
reliable proof of citizenship or legal resident alien
status.
(2) Assistance by attorney general.--The Attorney General
of the United States shall provide such information and
assistance as the Commissioner deems necessary to achieve the
purposes of this section.
(b) Study and Report.--
(1) In general.--The Commissioner shall conduct a study and
issue a report to Congress which examines different methods of
improving the social security card application process.
(2) Elements of study.--The study shall include an
evaluation of the cost and work load implications of issuing a
counterfeit-resistant social security card for all individuals
over a 3, 5, and 10 year period. The study shall also evaluate
the feasibility and cost implications of imposing a user fee
for replacement cards and cards issued to individuals who apply
for such a card prior to the scheduled 3, 5, and 10 year phase-
in options.
(3) Distribution of report.--Copies of the report described
in this subsection along with a facsimile of the prototype card
as described in subsection (a) shall be submitted to the
Committees on Ways and Means and Judiciary of the House of
Representatives and the Committees on Finance and Judiciary of
the Senate within 1 year of the date of the enactment of this
Act.
(c) Authorization of Appropriations.--There are authorized to be
appropriated and are appropriated from the Federal Old-Age and
Survivors Insurance Trust Fund such sums as may be necessary to carry
out the purposes of this section.
SEC. 333. REPORT ON ALLEGATIONS OF HARASSMENT BY CANADIAN CUSTOMS
AGENTS.
(a) Study and Review.--(1) Not later than 30 days after the
enactment of this Act, the Commissioner of the United States Customs
Service shall initiate a study of allegations of harassment by Canadian
Customs agents for the purpose of deterring cross-border commercial
activity along the United States-New Brunswick border. Such study shall
include a review of the possible connection between any incidents of
harassment with the discriminatory imposition of the New Brunswick
Provincial Sales Tax (PST) tax on goods purchased in the United States
by New Brunswick residents, and with any other activities taken by the
Canadian provincial and Federal Governments to deter cross-border
commercial activities.
(2) In conducting the study in subparagraph (1), the Commissioner
shall consult with representatives of the State of Maine, local
governments, local businesses, and any other knowledgeable persons that
the Commissioner deems important to the completion of the study.
(b) Report.--Not later than 120 days after enactment of this Act,
the Commissioner of the United States Customs Service shall submit to
Congress a report of the study and review detailed in subsection (a).
The report shall also include recommendations for steps that the United
States Government can take to help end harassment by Canadian Customs
agents found to have occurred.
SEC. 334. SENSE OF CONGRESS ON THE DISCRIMINATORY APPLICATION OF THE
NEW BRUNSWICK PROVINCIAL SALES TAX.
(a) Findings.--The Congress finds that--
(1) in July 1993, Canadian Customs officers began
collecting an 11 percent New Brunswick Provincial Sales Tax
(PST) tax on goods purchased in the United States by New
Brunswick residents, an action that has caused severe economic
harm to United States businesses located in proximity to the
border with New Brunswick;
(2) this impediment to cross-border trade compounds the
damage already done from the Canadian government's imposition
of a 7 percent tax on all goods bought by Canadians in the
United States;
(3) collection of the New Brunswick Provincial Sales Tax on
goods purchased outside of New Brunswick is collected only
along the United States-Canadian border--not along New
Brunswick's borders with other Canadian provinces--thus being
administered by Canadian authorities in a manner uniquely
discriminatory to Canadians shopping in the United States;
(4) in February 1994, the United States Trade
Representative (USTR) publicly stated an intention to seek
redress from the discriminatory application of the PST under
the dispute resolution process in chapter 20 of the North
American Free Trade Agreement (NAFTA), but the United States
Government has still not made such a claim under NAFTA
procedures; and
(5) initially, the USTR argued that filing a PST claim was
delayed only because the dispute mechanism under NAFTA had not
yet been finalized, but more than a year after such mechanism
has been put in place, the PST claim has still not been put
forward by the USTR.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Provincial Sales Tax levied by the Canadian
Province of New Brunswick on Canadian citizens of that province
who purchase goods in the United States raises questions about
the possible violation of the North American Free Trade
Agreement in its discriminatory application to cross-border
trade with the United States and damages good relations between
the United States and Canada; and
(2) the United States Trade Representative should move
forward without further delay in seeking redress under the
dispute resolution process in chapter 20 of the North American
Free Trade Agreement for the discriminatory application of the
New Brunswick Provincial Sales Tax on United States-Canada
cross-border trade.
SEC. 335. FEMALE GENITAL MUTILATION.
(a) Congressional Findings.--The Congress finds that--
(1) the practice of female genital mutilation is carried
out by members of certain cultural and religious groups within
the United States;
(2) the practice of female genital mutilation often results
in the occurrence of physical and psychological health effects
that harm the women involved;
(3) such mutilation infringes upon the guarantees of rights
secured by Federal and State law, both statutory and
constitutional;
(4) the unique circumstances surrounding the practice of
female genital mutilation place it beyond the ability of any
single State or local jurisdiction to control;
(5) the practice of female genital mutilation can be
prohibited without abridging the exercise of any rights
guaranteed under the First Amendment to the Constitution or
under any other law; and
(6) Congress has the affirmative power under section 8 of
article I, the necessary and proper clause, section 5 of the
Fourteenth Amendment, as well as under the treaty clause of the
Constitution to enact such legislation.
(b) Criminal Conduct.--
(1) In general.--Chapter 7 of title 18, United States Code,
is amended by adding at the end the following new section:
``Sec. 116. Female genital mutilation
``(a) Except as provided in subsection (b), whoever knowingly
circumcises, excises, or infibulates the whole or any part of the labia
majora or labia minora or clitoris of another person who has not
attained the age of 18 years shall be fined under this title or
imprisoned not more than 5 years, or both.
``(b) A surgical operation is not a violation of this section if
the operation is--
``(1) necessary to the health of the person on whom it is
performed, and is performed by a person licensed in the place
of its performance as a medical practitioner; or
``(2) performed on a person in labor or who has just given
birth and is performed for medical purposes connected with that
labor or birth by a person licensed in the place it is
performed as a medical practitioner, midwife, or person in
training to become such a practitioner or midwife.
``(c) In applying subsection (b)(1), no account shall be taken of
the effect on the person on whom the operation is to be performed of
any belief on the part of that or any other person that the operation
is required as a matter of custom or ritual.
``(d) Whoever knowingly denies to any person medical care or
services or otherwise discriminates against any person in the provision
of medical care or services, because--
``(1) that person has undergone female circumcision,
excision, or infibulation; or
``(2) that person has requested that female circumcision,
excision, or infibulation be performed on any person;
shall be fined under this title or imprisoned not more than one year,
or both.''.
(2) Conforming amendment.--The table of sections at the
beginning of chapter 7 of title 18, United States Code, is
amended by adding at the end the following new item:
``116. Female genital mutilation.''.
(c) Effective Date.--Subsection (b) shall take effect on the date
that is 180 days after the date of the enactment of this Act.
Attest:
Secretary.
104th CONGRESS
2d Session
H. R. 2202
_______________________________________________________________________
AMENDMENT
HR 2202 EAS----2
HR 2202 EAS----3
HR 2202 EAS----4
HR 2202 EAS----5
HR 2202 EAS----6
HR 2202 EAS----7
HR 2202 EAS----8
HR 2202 EAS----9
HR 2202 EAS----10
HR 2202 EAS----11
HR 2202 EAS----12
HR 2202 EAS----13
HR 2202 EAS----14
HR 2202 EAS----15
HR 2202 EAS----16
HR 2202 EAS----17
HR 2202 EAS----18
HR 2202 EAS----19
HR 2202 EAS----20